YEARBOOK
OF THE
UNITED NATIONS
Volume 48
Department of Public Information
United Nations, New York
Middle East
In 1994, the Arab-Israeli peace process took further steps forward. The Agreement on the Gaza Strip and the Jericho Area, signed in May, and the peace treaty between Israel and Jordan, signed in October, were historic achievements on the road to a peaceful settlement.
The United Nations continued its involvement in the Middle East—through its peace-keeping operations, significantly enlarged programmes of economic, social and other assistance, the good offices of the Secretary-General and its active participation in the multilateral negotiations on regional issues.
Notwithstanding those encouraging developments, repressive activities by Israeli troops and attacks by armed Israeli settlers continued.
The General Assembly expressed full support for the achievements of the peace process (resolution 49/88). In addressing the question of Palestine, reaffirmed to be the epicentre of the Arab-Israeli conflict, the Assembly emphasized the importance for the United Nations to play a more active and expanded role in the current peace process and in implementing the Declaration of Principles on Interim Self-Government Arrangements, signed in September 1993 between Israel and the Palestinian Liberation Organization.
In February, the peace process suffered a serious set-back through the massacre by an armed Israeli settler of Palestinian worshippers in the Ibrahimi Mosque in Hebron in the West Bank, which left dozens killed and scores wounded. The Security Council, by resolution 904(1994), strongly condemned the massacre and called for measures to guarantee the safety and protection of Palestinians throughout the occupied territory, including a temporary international or foreign presence.
The Committee on the Exercise of the Inalienable Rights of the Palestinian People (Committee on Palestinian rights) reaffirmed that Israel's continuing occupation constituted the principal obstacle to peace and stressed the need for full United Nations engagement in the peace process and in building the Palestinian Authority, as well as in providing assistance. The Committee expressed its intention to continue devoting a major part of its work to mobilizing international opinion and action in support of the peace process and the Palestinians until a comprehensive, just and lasting settlement was achieved.
In early April, the peace talks were frustrated once again when Palestinians launched attacks against passenger buses in the Israeli towns of Afula and Hadera, resulting in casualties among Israeli civilians. The Secretary-General condemned those violent incidents and urged the parties to continue their negotiations. In accordance with Security Council resolution 904(1994), a contingent of observers, known as the Temporary International Presence in Hebron, was deployed from May to August.
Israel's policies and practices in the Arab territories it occupied were monitored constantly by 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), whose findings in 1994 showed that, although the overall level of violence in the occupied territories had somewhat declined since the signing of the Declaration of Principles, sporadic outbreaks had met with harsh repressive measures against the population and the human rights situation had actually deteriorated.
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 Palestinian refugees. It appealed for increased contributions to meet the anticipated needs of 3 million refugees. By a series of resolutions (49/35 A-G), the Assembly addressed specific aspects of the refugee problem.
The Economic and Social Council recognized the economic and social repercussions of Israeli settlements in the Palestinian territory occupied by Israel (1994/45), while the Assembly reaffirmed the inalienable right of Palestinians and the population of the Syrian Golan to their natural and all other economic resources and regarded any infringement thereof as illegal (49/132).
To help keep the region's latent volatility in check, the Security Council twice extended the mandate of the United Nations Interim Force in Lebanon (UNIFIL) and of the United Nations Disengagement Observer Force (UNDOF) in the Golan Heights. The United Nations Truce Supervision Organization continued to assist UNDOF and UNIFIL in their tasks.
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Middle East peace process
_________________________
Despite differences of position, the Middle East peace negotiations advanced a great deal in 1994.
The signing of the Agreement on the Gaza Strip and the Jericho Area by Israel and the Palestine Liberation Organization (PLO) in Cairo, Egypt, on 4 May 1994, and of the peace treaty between Israel end Jordan on 26 October, which followed a Declaration signed on 25 July in Washington, D.C., were encouraging developments in the Middle East peace process, which had begun in Madrid, Spain, in 1991.(1) The May Agreement(2) and the July Declaration(3) were transmitted to the Secretary-General by the Russian Federation and the United States as co-sponsors of the peace process. In a November report,(4) the Secretary-General stated that he had maintained close contacts with the parties as well as the co-sponsors and that the United Nations, which had been involved in the Middle East for nearly five decades, was prepared to undertake any role helpful in advancing that process.
A measure of progress was also achieved in the multilateral negotiations on regional issues, which entered a new phase. At their meetings in Tunis (Tunisia), Beijing (China), Moscow, Copenhagen (Denmark), Cairo, The Hague (Netherlands), Muscat (Oman), Doha (Qatar) and Rabat (Morocco), the five multilateral working groups began to focus on a number of specific projects dealing with arms control and regional security, water resources, environment, economic development and refugees. The United Nations continued to play an active role as a full extraregional participant in their deliberations.
ECONOMIC AND SOCIAL COUNCIL ACTION
On 29 July, the Economic and Social Council adopted resolution 1994/44 by recorded vote.
Middle East peace process
The Economic and Social Council,
Recalling General Assembly resolution 48/58 of 14 December 1993,
Recalling also the convening of the Peace Conference on the Middle East at Madrid on 30 October 1991 on the basis of Security Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973, and the subsequent bilateral negotiations, as well as the meetings of the multilateral working groups, and noting with satisfaction the broad international support for the peace process,
Noting the continuing positive participation of the United Nations as a full extraregional participant in the work of the multilateral working groups,
Bearing in mind the Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of the State of Israel and the Palestine Liberation Organization in Washington, D.C., on 13 September 1993, and the subsequent Agreement on the Gaza Strip and the Jericho Area, signed by the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, at Cairo on 4 May 1994,
Also bearing in mind the Agreement between Israel and Jordan on the Common Agenda, signed in Washington, D.C., on 14 September 1993, and the Washington Declaration signed by the Governments of Jordan and Israel on 25 July 1994,
1. Welcomes the peace process started at Madrid, and supports the subsequent bilateral negotiations;
2. Stresses the importance of, and need for, achieving a comprehensive, just and lasting peace in the Middle East;
3. Expresses its full support for the achievements of the peace process thus far, in particular the Declaration of Principles on Interim Self-Government Arrangements signed by the State of Israel and the Palestine Liberation Organization, the subsequent Agreement on the Gaza Strip and the Jericho Area, signed by the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, the Agreement between Israel and Jordan on the Common Agenda, and the Washington Declaration signed by the Governments of Jordan and Israel on 25 July 1994, which constitute important initial steps in achieving a comprehensive, just and lasting peace in the Middle East, and urges all parties to implement the agreements reached;
4. Stresses the need for achieving rapid progress on the other tracks of the Arab-Israeli negotiations within the peace process;
5. Welcomes the results of the Conference to Support Middle East Peace, convened in Washington, D.C., on 1 October 1993, and the subsequent work of the World Bank Consultative Group, and urges Member States to provide economic, financial and technical assistance to the Palestinian people during the interim period;
6. Calls upon all Member States also to extend economic, financial and technical assistance to parties in the region and to render support for the peace process;
7. Considers that an active United Nations role in the Middle East peace process and in assisting in the implementation of the Declaration of Principles can make a positive contribution;
8. Encourages regional development and cooperation in the areas where work has already begun within the framework of the Madrid Conference.
Economic and Social Council resolution 1994/44
29 July 1994 Meeting 49 47-1 (recorded vote)
36-nation draft (E/1994/L.42); agenda item 7.
Sponsors: Australia, Austria, Belgium, Benin, Bolivia, Brazil, Canada, Costa Rica, Denmark, Egypt, Estonia, Finland, Germany, Ghana, Greece, Ireland, Israel, Italy, Japan, Jordan, Kuwait, Luxembourg, Netherlands, Norway, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Spain, Sweden, Ukraine, United Kingdom, United States, Venezuela.
Meeting numbers. ESC 47, 49.
Recorded vote in Council as follows:
In favour: Angola, Australia, Bangladesh Belgium, Benin, Bhutan, Brazil, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, Egypt, France, Gabon, Germany, Ghana, Greece, India, Indonesia, Ireland, Italy, Japan, Kuwait, Madagascar, Mexico, Norway, Pakistan, Paraguay, Philippines, Poland, Portugal, Republic of Korea, Russian Federation, Senegal, Sri Lanka, Suriname, Ukraine, United Kingdom, United Republic of Tanzania, United States, Venezuela, Zimbabwe.
Against: Libyan Arab Jamahiriya.
Israel, one of the resolution's sponsors, said the text marked another step forward in adapting United Nations resolutions to the new Middle East reality; it hoped that further steps would be taken to ensure that the resolutions of other United Nations bodies reflected the positive developments in the region.
PLO said that, while welcoming adoption of the resolution, it had strong reservations with regard to paragraph 3 (b) of the Washington Declaration, concerning the status of Jerusalem.
The Libyan Arab Jamahiriya, which requested the recorded vote, stated that it could not accept the fragile peace outlined in the Declaration of Principles or the May Agreement, which constituted nothing but an Israeli scheme to take everything without giving anything in return; a comprehensive peace could be achieved only through the establishment of a democratic State of Palestine in a process similar to the one which had led to the establishment of the democratic State of South Africa.
GENERAL ASSEMBLY ACTION
On 16 December, the Assembly adopted resolution 49/88 by recorded vote.
Middle East peace process
The General Assembly,
Recalling its resolution 48/58 of 14 December 1993 and Economic and Social Council resolution 1994/29 of 27 July 1994,
Stressing that the achievement of a comprehensive, just and lasting settlement of the Middle East conflict will constitute a significant contribution to strengthening international peace and security,
Recalling the convening of the Peace Conference on the Middle East at Madrid on 30 October 1991, on the basis of Security Council resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973, and the subsequent bilateral negotiations, as well as the meetings of the multilateral working groups, and noting with satisfaction the broad international support for the peace process,
Noting the continuing positive participation of the United Nations as a full extraregional participant in the work of the multilateral working groups,
Bearing in mind the Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of the State of Israel and the Palestine Liberation Organization in Washington on 13 September 1993, and the subsequent Agreement on the Gaza Strip and the Jericho Area, signed by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, at Cairo on 4 May 1994, and their 29 August 1994 Agreement on the Preparatory Transfer of Powers and Responsibilities,
Also bearing in mind the Agreement between Israel and Jordan on the Common Agenda, signed in Washington on 14 September 1993, the Washington Declaration, signed by Jordan and Israel on 25 July 1994, and the Jordan-Israel Treaty of Peace of 26 October 1994,
Welcoming the declaration of Casablanca, adopted at the Middle East/North Africa Economic Summit,a/ held at Casablanca from 30 October to 1 November 1994,
a/ A/49/645.
1. Welcomes the peace process started at Madrid, and supports the subsequent bilateral negotiations;
2. Stresses the importance of, and need for, achieving a comprehensive, just and lasting peace in the Middle East;
3. Expresses its full support for the achievements of the peace process thus far, in particular the Declaration of Principles on Interim Self-Government Arrangements signed by the Government of the State of Israel and the Palestine Liberation Organization, the subsequent Agreement on the Gaza Strip and the Jericho Area, signed by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, their 29 August 1994 Agreement on the Preparatory Transfer of Powers and Responsibilities, the Agreement between Israel and Jordan on the Common Agenda, the Washington Declaration signed by Jordan and Israel on 25 July 1994, and the Jordan-Israel Treaty of Peace of 26 October 1994, which constitute important steps in achieving a comprehensive, just and lasting peace in the Middle East, and urges all parties to implement the agreements reached;
4. Stresses the need to achieve rapid progress on the other tracks of the Arab-Israeli negotiations within the peace process;
5. Welcomes the results of the Conference to Support Middle East Peace, convened in Washington on 1 October 1993, including the establishment of the All Hoc Liaison Committee, and the subsequent work of the World Bank Consultative Group, welcomes also the appointment by the Secretary-General of the United Nations Special Coordinator in the Occupied Territories, and urges Member States to expedite economic, financial and technical assistance to the Palestinian people during the interim period;
6. Calls upon all Member States to extend economic, financial and technical assistance to parties in the region and to render support for the peace process;
7. Considers that an active United Nations role in the Middle East peace process and in assisting in the implementation of the Declaration of Principles can make a positive contribution;
8. Encourages regional development and cooperation in the areas where work has begun within the framework of the Madrid Conference.
General Assembly resolution 49/88
16 December 1994 Meeting 91 149-4-2 (recorded vote)
84-nation draft (A/49/L.61 & Corr. 1 & Add.1); agenda item 38.
Sponsors: Albania, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Cambodia, Canada, Colombia, Comoros, Costa Rica, Côte d’Ivoire, Croatia, Czech Republic, Denmark, Ecuador, El Salvador, Ethiopia, Finland, Gabon, Georgia, Germany, Greece, Guinea, Hungary, Iceland, India, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Latvia, Liechtenstein, Luxembourg, Malta, Marshall Islands, Micronesia, Mongolia, Morocco, Myanmar, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sweden, Thailand, the former Yugoslav Republic of Macedonia, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, United States, Uruguay.
Meeting numbers. GA 49th session: plenary 72, 73, 91.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Eatonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lesotho, Liechtenstein, Luxembourg, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Mongolia, Morocco, Mozambique, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Iran, Lebanon, Libyan Arab Jamahiriya, Syrian Arab Republic.
Abstaining: Antigua and Barbuda, Sudan.
The Russian Federation was convinced that the text would provide important political support for the process of building a post-confrontation Middle East based on wide international cooperation and accelerated economic development. It attached great significance to the multilateral aspect of the peace process and was of the opinion that the United Nations, including the Security Council, would help advance the process. The United States hoped that progress would soon become evident in the Syrian-Israeli and Lebanese-Israeli efforts to negotiate peace. In Lebanon's view, no real Middle East peace could be achieved without Israeli withdrawal from Lebanese territory, a prerequisite the text failed to address. The Syrian Arab Republic stated that it could not support a text that did not mention Security Council resolution 425(1978),(5) relating to Lebanon, which took part in the Madrid Peace Conference and subsequent bilateral talks on the basis of that very resolution. Also, the Syrian Arab Republic would not participate in multilateral talks unless substantial and concrete progress was made on the Syrian track.
REFERENCES
(1)YUN 1991, p. 221. (2)A/49/180-S/1994/727. (3)A/49/300-S/1994/939. (4)A/49/636- S/1994/1240. (5)YUN 1978, p. 312, SC res. 425(1978), 19 Mar. 1978.
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Palestine question
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During 1994, the question of Palestine continued to be of undiminishing concern to the General Assembly, which, aware of the mutual recognition between Israel and PLO and the signing by them of the 1993 Declaration of Principles on Interim Self-Government Arrangements, as well as the subsequent implementation agreements, including the May 1994 Agreement on the Gaza Strip and the Jericho Area, reaffirmed the necessity of achieving a peaceful settlement.
With regard to economic and social development, the PLO Chairman and the Foreign Ministers of Israel and Norway agreed on a number of principles and needs in a declaration issued in Oslo, Norway, on 13 September.
The signing of the May Agreement brought a withdrawal of Israeli troops from the areas in question, deployment of Palestinian police, the return of Yasser Arafat, Chairman of the PLO Executive Committee, and other Palestinian leaders to Gaza, the establishment of the Palestinian Authority and partial release of prisoners by Israel. Another major step in the implementation of the 1993 Declaration of Principles was the signing of the Agreement on Preparatory Transfer of Powers and Responsibilities on 29 August 1994, which provided for assumption by the Palestinian Authority of powers and responsibilities from the Israeli military Government and its Civil Administration in the following spheres: education and culture, health, social welfare, tourism, direct taxation and value added tax on local production. The parties also undertook to explore the possible expansion of the transfer of powers and responsibilities to other spheres.
According to the annual report of the Committee on Palestinian rights,(1) the Israeli occupying forces had completed their withdrawal from the Gaza Strip, home to almost 1 million Palestinians, as at 18 May 1994. An estimated 4,000 to 4,500 Israeli soldiers remained in the Gaza Strip in the areas of Israeli settlements, military installations and security zones; 6,000 to 7,000 Palestinian police were reported to have been deployed as of early September.
In November,(2) the Secretary-General reported on his efforts, in accordance with a 1993 Assembly resolution on the Palestine question,(3) to promote peace in the region. As requested by the Assembly and in order to fulfil his reporting responsibilities, he had sought the views of the Security Council, as well as the positions of the parties concerned, i.e., Egypt, Israel, Jordan, Lebanon, the Syrian Arab Republic and PLO. As at 17 October, replies had been received from Israel and PLO. Israel recalled that it had voted against the 1993 resolution and that its position in that regard remained unchanged. It said it had long advocated the principle of direct negotiations without preconditions as the only way to achieve genuine peace; the recent achievements within the framework of the peace process vindicated that approach. Paragraph 5 of the 1993 resolution was intended to predetermine the outcome of negotiations; therefore, such a resolution should not be adopted again.
In PLO's view, the resolution provided support for the peace process and a more active and expanded United Nations role in that process, as well as for a just settlement of the Palestine question. Since adoption of the resolution, further positive developments had taken place: recently, the two parties had declared their intentions to negotiate a second implementation agreement of the Declaration of Principles, relating to Palestinian elections and the extension of the self-government arrangements to the rest of the West Bank. PLO noted that there had been delays in implementing the Declaration of Principles and some lack of compliance with the May Agreement, such as the absence of safe passages between Gaza and Jericho. The Palestinian side, nevertheless, hoped for positive progression and stressed the importance of full implementation of the Declaration within the agreed timeframe. PLO believed that there was a need for broader acceptance of the United Nations role in the search for peace in the Middle East and further involvement of the Security Council. As for the General Assembly, it should maintain its positions on the elements of a final settlement, or final status issues, where Israel had already created illegal, de facto situations, until negotiations on those issues were concluded. PLO declared its readiness to cooperate fully with the Secretary-General and said it expected the other parties to do the same.
The Secretary-General observed that the peace process had achieved important results on the road to a peaceful settlement. The May Agreement and subsequent launching of early empowerment were important steps in implementing the Declaration of Principles. The United Nations welcomed those developments and the Secretary-General, who maintained close contacts with the parties as well as the co-sponsors of the peace process, hoped that the discussions between Israel and PLO would steadily progress through the transitional period, achieving agreement on the interim arrangements and permanent status issues outlined in the Declaration. Such steps would be important in establishing a comprehensive, just and lasting Middle East peace.
The Secretary-General noted that, in support of the implementation of the Declaration and in order to promote peace in the region as a whole, he United Nations had over the past year significantly enlarged its programmes of economic, social and other assistance to the occupied territories. To ensure effective coordination and intensification of such assistance, he had appointed in June Terje Roed Larsen of Norway as Special Coordinator in the Occupied Territories; his efforts focused primarily on Gaza (see below, under Assistance to Palestinians").
The United Nations, which continued to participate actively in the multilateral negotiations on Middle East issues, was prepared to undertake any role helpful in advancing the peace process. The Secretary-General would make every effort to ensure that it contributed its utmost in the fields of economic and social development, which would be essential in building peace throughout the region.
GENERAL ASSEMBLY ACTION
On 23 December 1994, on the recommendation of the Third (Social, Humanitarian and Cultural) Committee, the General Assembly adopted resolution 49/149 by recorded vote.
The right of the Palestinian people
to self-determination
The General Assembly,
Aware that the development of friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, is among the purposes and principles of the United Nations, as defined in its Charter,
Recalling the International Covenants on Human Rights, the Universal Declaration of Human Rights, the Declaration on the Granting of Independence to Colonial Countries and Peoples, as well as the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993,
Noting the progress made in the Middle East peace process, in particular the mutual recognition and the signing of the Declaration of Principles on Interim Self-Government Arrangements in Washington on 13 September 1993 by the Government of the State of Israel and the Palestine Liberation Organization, as well as the ensuing developments on the ground,
Affirming the right of all States in the region to live in peace within secure and internationally recognized borders,
1. Reaffirms the right of the Palestinian people to self-determination;
2. Expresses hope that the Palestinian people may soon exercise their right to self-determination in the current peace process;
3. Urges all States, specialized agencies and organizations of the United Nations system to continue to support the Palestinian people in their quest for self-determination.
General Assembly resolution 49/149
23 December 1994 Meeting 94 147-2-19 (recorded vote)
Approved by Third Committee (A/49/752) by recorded vote (124-2-27), 17 November (meeting 35); 34-nation draft (A/C.3/49/L.5/Rev.1); agenda item 94.
Sponsors. Afghanistan, Algeria, Bahrain, Bangladesh, Brazil, Cuba, Djibouti, Egypt, Gambia, Ghana, Guinea-Bissau, Indonesia, Jordan, Kuwait, Lao People's Democratic Republic, Malaysia, Mali, Malta, Mauritania, Morocco, Namibia, Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, Sierra Leone, Tunisia, United Arab Emirates, United Republic of Tanzania, Yemen, Zambia, Zimbabwe.
Meeting numbers. GA 49th session: 3rd Committee 3-8, 17, 22, 25, 35; plenary 94.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Comoros, Congo, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Democratic People's Republic of Korea, Ecuador, Egypt, El Salvador, Ethiopia, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Grenada, Guinea, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Libya, Liechtenstein, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Argentina, Costa Rica, Estonia, Fiji, Georgia, Guatemala, Iceland, Latvia, Lithuania, Marshall Islands, Micronesia, Nicaragua, Norway, Peru, Republic of Moldova, Russian Federation, Solomon Islands, Swaziland, Uruguay.
In Israel's view, the text was intended to predetermine the outcome of the permanent status talks. The United States considered that the United Nations should not adopt controversial positions on issues supported by only one party to the peace negotiations, the outcome of which the resolution could undermine. The Russian Federation also pointed out that the future of the Palestinians should be decided in bilateral talks. In PLO's view, support for the peace process meant support for the full exercise by the Palestinians of their right to self-determination, without which there would be no just and lasting peace.
Activities of the Committee on Palestinian rights. As mandated by the General Assembly in 1993,(4) the Committee on Palestinian rights, established in 1975,(5) continued to review the situation relating to the Palestine question in the light of the new developments and to promote the exercise by the Palestinians of their inalienable rights. The Committee endeavoured to contribute to international efforts to promote the effective implementation of the Declaration of Principles and to mobilize international support and assistance to the Palestinians.
In November, the Committee submitted its annual report on its activities to the Assembly,(1) reiterating its invitation to all Member States and Permanent Observers, as well as PLO, to participate as observers in its work.
In its programme of work for 1994, the Committee considered that the following priority tasks required immediate and sustained attention: promoting support for the ongoing peace process, the Declaration of Principles and the full realization of Palestinian rights, as well as monitoring the situation on the ground; promoting intensified assistance for immediate relief and nation-building; encouraging debate of the major issues with a view to promoting a final settlement based on Security Council resolutions 242(1967)(6) and 333(1973)(1) and other relevant United Nations resolutions.
Through its Chairman, the Committee participated in the meeting of the Security Council on the massacre of Palestinian worshippers by an Israeli settler at the Ibrahimi Mosque in Hebron on 25 February (see below) and was represented at a number of international conferences. In view of the massacre, the Committee intensified its efforts to promote international action to provide for the protection of Palestinians in the occupied territory.
The Committee and, under its guidance, the Division for Palestinian Rights, organized regional seminars and meetings of non-governmental organizations (NGOs) and prepared studies and publications. As in the past, the Committee invited Palestinian and Israeli personalities to participate in all events organized under its auspices, with a view to promoting a constructive debate, mutual understanding and a concrete and action-oriented analysis of the most important issues relating to the Palestine question and the peace process.
The Eleventh United Nations North American NGO Symposium on the Question of Palestine (Toronto, Canada, 6-8 July) was held in cooperation with the North American Coordinating Committee for NGOs on the Question of Palestine. The United Nations International NGO Meeting and European NGO Symposium on the Question of Palestine was held as a combined event (Geneva, 29 August-1 September), with the theme "Building on the Declaration of Principles towards the independent State of Palestine". The programme for the meeting was formulated by the Committee on Palestinian rights in consultation with the International and the European Coordinating Committees for NGOs on the Question of Palestine. In order to encourage wider and more active participation by NGOs in the activities under its auspices, the Committee established a revised set of criteria for such participation. To help expand economic, social and other assistance to the Palestinians, the Committee organized a seminar on Palestinian trade and investment needs (Paris 20-22 June) (see below, under "Assistance to Palestinians").
The Division for Palestinian Rights continued to respond to information requests and to prepare and disseminate publications, among them monthly bulletins covering action by the Committee and other United Nations organs and agencies, as well as intergovernmental organizations and NGOs concerned with the Palestine question; reports of seminars and NGO meetings; and periodic compilations of statements, declarations, documents and other material concerning the peace process.
The Division completed the initial stage of the establishment of a United Nations computer-based information system on the question of Palestine, as requested by the Committee and endorsed by the General Assembly On a trial basis, Committee members and observers and other users within the United Nations system, as well as coordinating committees for NGOs, were given access through a Bulletin Board Service to selected United Nations documents and reports, both current and historical.
On 29 November, the Committee organized at the United Nations Headquarters in New York and at the United Nations Offices at Geneva and Vienna observance of the International Day of Solidarity with the Palestinian People.
The Committee welcomed these positive developments which, it said, created a dramatic turning-point in the search for peace. However, it remained concerned at the situation on the ground, in particular at the delay in implementing the agreements reached, as well as the lack of compliance with them.
The Committee alarmed once again the permanent responsibility of the United Nations with respect to the Palestine question until it was resolved in all its aspects. It stressed the need for full United Nations engagement in the peace process and in building the Palestinian Authority, as well as in providing broad assistance to the Palestinians. Expressing concern over the deteriorating economic situation in the occupied territory and the overwhelming problems of poverty, unemployment and ruined infrastructure, the Committee called for urgent provision of international assistance to help build the foundations for peace.
The Committee firmly believed that it could make a valuable and positive contribution to United Nations endeavours during the transitional period by continuing to mobilize international opinion and action until a comprehensive, just and lasting settlement was achieved.
The Committee considered that a broadening of its membership, to include countries that supported its objectives but had not hitherto participated in its work, would greatly enhance the contribution of the General Assembly to promote peace. In the light of the situation created by the signing of the Declaration of Principles and subsequent implementation agreements, the Committee felt that consideration should be given to holding an event in the territory under the Palestinian Authority to address aspects of the transition period. The Committee intended to continue to promote the positive contribution of NGOs to meet the humanitarian and development needs of the Palestinian people during the transition period, in cooperation with the Palestinian Authority. The Committee requested the Division for Palestinian Rights to pay particular attention to preparing or updating studies on the various issues which were subject to final status negotiations.
GENERAL ASSEMBLY ACTION
Following consideration of the report of the Committee on Palestinian rights, the General Assembly, on 14 December, adopted four resolutions on the question of Palestine. Resolution 49/62 D was adopted by recorded vote.
Peaceful settlement of the question of Palestine
The General Assembly,
Recalling its relevant resolutions,
Recalling also relevant Security Council resolutions, including resolutions 242(1967) of 22 November 1967 and 338(1973) of 22 October 1973,
Having considered the report of the Secretary-General of 3 November 1994, submitted pursuant to the request made in its resolution 48/158 D of 20 December 1993,
Convinced that achieving a final and peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of a comprehensive and lasting peace in the Middle East,
Aware that the principle of equal rights and self-determination of peoples is among the purposes and principles of the Charter of the United Nations,
Affirming the principle of the inadmissibility of the acquisition of territory by war,
Affirming also the illegality of the Israeli settlements in the territory occupied since 1967 and of Israeli actions aimed at changing the status of Jerusalem,
Affirming once more the right of all States in the region to live in peace within secure and internationally recognized borders,
Aware of the mutual recognition between the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, and the signing by the two parties of the Declaration of Principles on Interim Self-Government Arrangements in Washington on 13 September 1993, as well as the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area, signed at Cairo on 4 May 1994,
Noting with satisfaction the withdrawal of the Israeli army which took place in the Gaza Strip and the Jericho area in accordance with the agreements reached by the parties, and the initiation of the Palestinian Authority in those areas,
Also aware that the United Nations has participated as a full, extraregional participant in the work of the multilateral working groups of the Middle East peace process,
Noting the appointment by the Secretary-General of the United Nations Special Coordinator in the Occupied Territories,
Welcoming the convening of the Conference to Support Middle East Peace in Washington on 1 October 1993,
1. Reaffirms the necessity of achieving a peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, in all its aspects;
2. Expresses its full support for the ongoing peace process, which began in Madrid, and the Declaration of Principles on Interim Self-Government Arrangements, as well as the subsequent implementation agreements, and expresses the hope that the process will lead to the establishment of a comprehensive, just and lasting peace in the Middle East;
3. Calls for the timely and scrupulous implementation of the agreements reached between the parties towards the negotiation of the final settlement;
4. Stresses the need for:
(a) The realization of the inalienable rights of the Palestinian people, primarily the right to self-determination;
(b) The withdrawal of Israel from the Palestinian territory occupied since 1967;
5. Also stresses the need for resolving the problem of the Palestine refugees in conformity with its resolution 194(III) of 11 December 1948;
6. Urges Member States to expedite the provision of economic and technical assistance to the Palestinian people during this critical period;
7. Emphasizes the importance for the United Nations to play a more active and expanded role in the current peace process and in the implementation of the Declaration of Principles;
8. 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 49/62 D
14 December 1994 Meeting 88 136-2-7 (recorded vote)
12-nation draft (A/49/L.56 & Add.1); agenda item 40.
Sponsors: Afghanistan, Bangladesh, Cuba, Djibouti, Egypt, Indonesia, Malaysia, Malta, Senegal, Tunisia, United Arab Emirates, Zambia.
Meeting numbers. GA 49th session: plenary 70-72, 88.
Recorded vote in Assembly as follows:
In favour: Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, Chine, Colombia, Conge, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, El Salvador Estonia, Ethiopia, Fiji, Finland, France, Gabon, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, 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, Saint Kitts and Nevis, Saudi Arabia, Senegal, Singapore, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Belarus, Georgia, Marshall Islands, Russian Federation, Tajikistan, Uruguay, Uzbekistan.*
In Israel's view, the text attempted to predetermine the outcome of the negotiations on issues relating to permanent status, contrary to the Declaration of Principles, and was fraught with contradictions. It claimed to support the peace process begun in Madrid, while attempting to undermine the fundamental principle of direct negotiations without preconditions, on which the Madrid process was based.
The United States considered it inappropriate and unhelpful for the Assembly to take a position on issues under direct negotiation.
The Assembly adopted resolution 49/62 A by recorded vote.
Committee on the Exercise of the Inalienable
Rights of the Palestinian People
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, 46/74 A of 11 December 1991, 47/64 A of 11 December 1992 and 48/158 A of 20 December 1993,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Welcoming the signing of the Declaration of Principles on Interim Self-Government Arrangements, including its Annexes and Agreed Minutes, by the Government of the State of Israel and the Palestine Liberation Organization in Washington on 13 September 1993, as well as the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area, signed at Cairo on 4 May 1994,
Reaffirming 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. Considers that the Committee can continue to make a valuable and positive contribution to international efforts to promote the effective implementation of the Declaration of Principles on Interim Self-Government Arrangements and to mobilize international support for and assistance to the Palestinian people during the transitional period;
3. Endorses the recommendations of the Committee contained in section VII of its report;
4. Requests the Committee to continue to keep under review the situation relating to the question of Palestine and to report and make suggestions to the General Assembly or the Security Council, as appropriate;
5. Authorizes the Committee to continue to exert all efforts to promote the exercise of the inalienable rights of the Palestinian people, to make such adjustments in its approved programme of work as it may consider appropriate and necessary in the light of developments to give special emphasis to the need to mobilize support and assistance for the Palestinian people, and to report thereon to the General Assembly at its fiftieth session and thereafter;
6. 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 promoting support and assistance to meet the needs of the Palestinian people and to take the necessary steps to involve additional non-governmental organizations in its work;
7. Requests the United Nations Conciliation Commission for Palestine, established under resolution 194(III) and 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;
8. Requests the Secretary-General 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;
9. Also requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.
General Assembly resolution 49/62 A
14 December 1994 Meeting 88 103-2-40 (recorded vote)
11-nation draft (A/49/L.53 & Add.1); agenda item 40.
Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Indonesia, Malaysia, Malta, Senegal, Tunisia, Ukraine, United Arab Emirates.
Meeting number. GA 49th session: plenary 70-72, 88.
Recorded vote in Assembly as follows:
In favour: Algeria, Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cameroon, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Côte d’Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Ghana, Grenada, Guatemala, Guyana, Haiti, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint
Kitts and Nevis, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Angola, Argentina, Armenia, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland Ireland, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Marshall Islands, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Slovenia, Spain, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, United Kingdom.
The Assembly also adopted resolution 49/62 B by recorded vote.
Division for Palestinian Rights of the Secretariat
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 Section VI 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, 46/74 B of 11 December 1991, 47/64 B r of 11 December 1992 and 48/158 B of 20 December 1993,
1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution;
2. Considers that the Division for Palestinian Rights of the Secretariat continues to make a useful and constructive contribution through the organization of seminars and meetings of non-governmental organizations as well as through its research and monitoring activities, the preparation of studies and publications, and the collection and dissemination of information in printed and electronic form on all issues pertaining to the question of Palestine;
3. Requests the Secretary-General to continue to provide the Division with the necessary resources, including the further development of the United Nations information system on the question of Palestine, and to ensure that it continues to discharge the tasks detailed in paragraph 1 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, paragraph 2 of resolution 46/74 B and paragraph 2 of resolution 48/158 B, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance;
4. Also requests the Secretary-General to ensure the continuing cooperation of the Department of Public Information and other units of the Secretariat in enabling the Division to perform its tasks and in covering adequately the various aspects of the question of Palestine;
5. Invites all Governments and organizations to lend their cooperation to the Committee and the Division in the performance of their tasks;
6. Notes with appreciation the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People and requests them to continue to give the widest possible publicity to the observance, and requests the Committee to continue to organize, as part of the observance of the Day of Solidarity, an annual exhibit on Palestinian rights in cooperation with the Permanent Observer Mission of Palestine to the United Nations.
General Assembly resolution 49/62 B
14 December 1994 Meeting 88 105-2-40 (recorded vote)
11-nation draft (A/49/L.54 & Add.1); agenda item 40.
Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Indonesia, Malaysia, Malta, Senegal, Tunisia, Ukraine, United Arab Emirates.
Meeting numbers. GA 49th session: plenary 70-72, 88.
Recorded vote in Assembly as follows:
In favour: Algeria, Angola, Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cameroon, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Côte d’Ivoire, Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon, Ghana, Grenada, Guatemala, Guinea, Guyana, Haiti, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Kitts and Nevis, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Argentina, Armenia, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Marshall Islands, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Slovenia, Spain, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, United Kingdom.
The fourth resolution (49/62 C) concerned United Nations information activities on the Palestine question.
Public information activities
The Committee on Palestinian rights followed up on the implementation of a 1993 General Assembly request(8) that the Department of Public Information (DPI) continue its 1994-1995 special information programme on the Palestine question, with emphasis on public opinion in Europe and North America.
DPI in 1994 accordingly continued to provide press coverage of all United Nations meetings dealing with Palestinian issues, including those of the Security Council and the Committee, and issued 90 press releases in English and French, including those containing statements by the Secretary-General relating to the Palestine question and on the activities of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). DPI cooperated with the Division for Palestinian Rights in media promotion and other arrangements for the Day of Solidarity with the Palestinian People. The quarterly magazine UN Chronicle continued to publish stories on Palestinian issues. DPI's Public Inquiries Unit responded to 165 requests for information on the Middle East and/or the question of Palestine. The Group Programmes Unit arranged 15 briefings by Secretariat officials on the subject, which was also included in presentations to visitors taking guided tours of United Nations Headquarters.
DPI continued to distribute its publications, including a revised edition of The United Nations and the Question of Palestine, published in October 1994. Materials on the Palestine issue were distributed electronically in English and Arabic to recipients around the world, as were publications and documents in Arabic, English, French, German, Russian and Spanish.
A 30-minute historical documentary entitled Palestine 1890s to 1990s was distributed in English and French to all United Nations information centres (UNICs) and services and libraries of the United Nations Development Programme (UNDP). DPI's Radio and Video Service covered various aspects of the question and related items in news and current-affairs radio programmes in official and non-official languages. It also produced a number of feature programmes exclusively devoted to the question, which were distributed worldwide. The Department's NGO Section held an expanded briefing for the NGO community on the United Nations and the Middle East peace process. Coverage of United Nations activities related to the Palestine question was provided on an ongoing basis by UNICs, which produced and distributed newsletters, press releases and television news programmes and regularly briefed media representatives. The staff organized film screenings, gave lectures and translated and disseminated publications and posters produced by both DPI and the Division for Palestinian Rights. Many UNICs marked the International Day of Solidarity with the Palestinian People with special activities.
In cooperation with Denmark, DPI sponsored an international encounter for journalists on the question of Palestine (Elsinore, 15-17 June). The meeting brought together prominent Arabs, Israelis and Middle East experts to exchange views with a group of senior international media representatives on the encounter's theme "Prerequisites to peace in the Middle East". Some 130 people, including 26 members of the diplomatic corps, attended the meeting. Based on the proceedings of the encounter, DPI prepared a new publication and distributed a "United Nations focus" feature on the same topic. DPI also sponsored a fact-finding news mission for 15 European and Japanese journalists to the Middle East, which was organized in accordance with General Assembly resolutions on the Palestine question. The primary goal of the mission, which included visits to Tunis (Tunisia), Damascus (Syrian Arab Republic) and Amman (Jordan), was to examine the momentum in support of the peace process. The journalists also investigated the economic and social needs of the Palestinians and met with senior government officials, the PLO leadership and Palestinians living in refugee camps. DPI began preparing a seminar on assistance to the Palestinians in the field of media development, scheduled for March 1995 and co-sponsored by the Spanish Foreign Ministry and the United Nations Educational, Scientific and Cultural Organization (UNESCO).
GENERAL ASSEMBLY ACTION
On 14 December, the General Assembly adopted resolution 49/62 C by recorded vote.
Department of Public Information of the Secretariat
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 section VI of that report,
Recalling its resolution 48/158 C of 20 December 1993,
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,
Aware of the Declaration of Principles on Interim Self-Government Arrangements signed by the Government of the State of Israel and the Palestine Liberation Organization in Washington on 13 September 1993, and of the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area, signed at Cairo on 4 May 1994, and their positive implications,
1. Notes with appreciation the action taken by the Department of Public Information of the Secretariat in compliance with resolution 48/158 C;
2. Considers that the special information programme on the question of Palestine of the Department of Public Information helps to raise the awareness of the international community on the question and the situation in the Middle East in general, including the achievements of the peace process, and should continue to contribute effectively to an atmosphere conducive to dialogue and supportive of the peace process;
3. Requests the Department, 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 1994-1995, 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 organizations;
(b) To continue to issue and update publications on the various aspects of the question of Palestine in all fields, including materials concerning the recent developments in that regard and, in particular, the achievements of the peace process;
(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;
(f) To provide, in cooperation with specialized agencies of the United Nations system, particularly the United Nations Educational, Scientific and Cultural Organization, assistance to the Palestinian people in the field of media development.
General Assembly resolution 49/62 C
14 December 1994 Meeting 88 142-2-3 (recorded vote)
10-nation draft (A/49/L.55/Rev.1); agenda item 40.
Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Indonesia, Malaysia, Malta, Senegal, Tunisia, United Arab Emirates.
Meeting numbers. GA 49th session: plenary 70-72, 88.
Recorded vote in Assembly as follows:
In favour: Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Côte d’lvoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Monaco, 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, Saint Kitts and Nevis, Saudi Arabia, Senegal, Singapore, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Georgia, Russian Federation, Tajikistan.
Jerusalem
Communications. The Libyan Arab Jamahiriya reaffirmed in a letter of 25 March,(9) on behalf of the Group of Arab States at the United Nations, the general framework that determined the legal status of Jerusalem, based on the historical fact that Arab Jerusalem was part of the Israeli-occupied territories. It pointed out that according to United Nations resolutions, all legislative and administrative measures by Israel intended to change Jerusalem's status were invalid. The Security Council, in numerous resolutions, had affirmed its non-recognition of Israel's so-called "Basic Law on Jerusalem" as well as the applicability of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (fourth Geneva Convention) to the city, and had called on those States that had established diplomatic missions there to withdraw them.
By a resolution adopted on 27 March, transmitted to the Secretary-General by Lebanon,(10) the Council of the League of Arab States affirmed the necessity of implementing the United Nations resolutions relating to the impermissibility of altering Jerusalem's historical, cultural and demographic status. It urged the co-sponsors of the peace process to confirm that the fact that the question of Jerusalem was not being discussed at the current stage of negotiations did not affect the need to implement those resolutions, particularly Security Council resolutions 252(1968)(11) and 478(1980).(12)
While welcoming progress in the negotiations between Israel and Jordan, Palestine, by letters of 29 July(13) and 19 October,(14) objected to certain language used in their Washington Declaration of 25 July and in the draft peace treaty between them, which acknowledged Jordan's special historic role in the Muslim holy shrines in Jerusalem. Palestine underlined that the city remained an integral part of occupied Palestinian territory, as confirmed by the Security Council, which had declared Israeli measures aimed at altering its status as null and void. It called on Israel to abide by its obligations emanating from the Declaration of Principles with regard to the issue of Jerusalem, which was to be solved within the framework of permanent status negotiations, and called on the co-sponsors of the peace process to ensure compliance by Israel with the agreement reached between Israel and PLO.
Report of the Secretary-General. In October 1994,(15) the Secretary-General submitted a report containing the replies of five Member States to his request for information on steps taken or envisaged to implement a 1993 General Assembly resolution deploring the transfer by some States of their diplomatic missions to Jerusalem and calling on them to abide by the relevant United Nations resolutions.(16) Of those States, Austria said it continued to maintain its Embassy in Tel Aviv as the question of Jerusalem still awaited a commonly agreeable solution. Pointing out that it had a Consulate General in Jerusalem directly attached to the central administration, France said it fully supported the principles recalled in the 1993 resolution, in favour of which it had voted. India stated that it had already complied with provisions of that resolution. Ukraine said it undertook to comply with the resolution, while pointing out at the same time that a solution of the issue was an integral part of the process of achieving a Middle East settlement as a whole; the 1993 resolution did not fully reflect current-day realities and positive changes had occurred since then. Venezuela said it maintained its diplomatic representation in Tel Aviv.
GENERAL ASSEMBLY ACTION
On 16 December 1994, the General Assembly adopted resolution 49/87 A by recorded vote.
Jerusalem
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, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992 and 48/59 A of 14 December 1993 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 also 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 20 October 1994,
1. Determines that the decision of Israel 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 mare 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 fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/87 A
16 December 1994 Meeting 91 138-2-7 (recorded vote)
15-nation draft (A/49/L.59); agenda item 38.
Sponsors: Algeria, Cuba, Djibouti, Egypt, Indonesia, Jordan, Malaysia, Mauritania, Morocco, Qatar, Saudi Arabia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: plenary 72, 73, 91.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Comoros, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Granada, 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, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname,, Swaziland, Sweden, Syrian Arab Republic, Thailand, tho former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zimbabwe.
Against: Costa Rica, Israel.
Abstaining: Antigua and Barbuda, Côte d’Ivoire, Fiji, Marshall Islands, Micronesia, United States, Zambia.*
In the view of the United States, Jerusalem should remain undivided and its future be decided through permanent status negotiations, as agreed in the Declaration of Principles. The Assembly should not interject itself when the parties themselves had decided to leave discussion concerning Jerusalem to a future time.
Assistance to Palestinians
On 25 May, within weeks of the signing by Israel and PLO of the agreement on Gaza and Jericho, the Secretary-General announced the appointment of Terje Roed Larsen of Norway as his Special Coordinator in the Occupied Territories, with effect from 1 June.
On 29 July, the General Assembly concurred with the Secretary-General's June proposal(17) that the post of Special Coordinator be established at the Under-Secretary-General level (decision 48/495).
The Special Coordinator made an initial visit to the occupied territories from 15 to 23 June,(18) during which he met representatives of the Palestinian Authority in Gaza and Jericho, as well as Palestinian representatives from throughout the territories. He also met with the Foreign Minister of Israel and senior officials in the Ministry of Foreign Affairs. The visit provided an opportunity for extensive field visits to United Nations projects throughout the West Bank and Gaza, and consultations with local representatives of UNRWA, UNDP, the United Nations Children's Fund (UNICEF) and the World Health Organization (WHO).
On 29 June, the Secretary-General convened an interagency meeting of 17 United Nations organizations to discuss their current or prospective assistance to the Palestinians and to lay the groundwork for a mode of operations under the Special Coordinator's overall guidance. Participants agreed on the need for an integrated and coherent approach in providing United Nations assistance. The meeting was being followed up by bilateral contacts between the Special Coordinator and the heads of relevant United Nations programmes and agencies, particularly those which, for the first time, were about to launch programmes in the area.
In order to effect immediate improvements in the lives of the Palestinians in the West Bank and Gaza, the Special Coordinator proceeded simultaneously on four fronts: supporting ongoing United Nations activities in the territories; facilitating development of public works projects to provide employment opportunities and bring visible changes to the Gaza Strip; establishing a coordination mechanism on the ground to ensure effective disbursement of donor pledges; and coordinating training and assistance for the incoming Palestinian police force (see below).
The Special Coordinator's efforts were undertaken in accordance with the recommendations of the high-level task force on social and economic development of the Gaza Strip and Jericho, formed by the Secretary-General in 1993.(19) The task force had recommended that the ongoing United Nations activities, implemented primarily by UNICEF, UNDP and UNRWA, be extended. Those activities, mainly covering health and environmental health, education, social services, institution-building and support to the private sector, represented over one half of all public-sector expenditure in Gaza and about one third of it in the West Bank. The second main recommendation of the task force was that additional activities be undertaken to help develop essential infrastructure, improve basic and social services and provide employment opportunities.
At a meeting in Brussels, Belgium (29 and 30 November 1994), the Ad Hoc Liaison Committee, the main donor-led body overseeing assistance efforts to the Palestinians, established a Local Aid Coordination Committee, composed of the Palestinian Authority and all donors, and co-chaired by Norway (in its capacity as Chair of the Ad Hoc Liaison Committee), the Office of the Special Coordinator and the World Bank. In December, the Local Aid Coordination Committee established 12 sectoral subcommittees, or working groups, to make the focus of donor assistance consistent with the priorities set by the Palestinian Authority, with input from the United Nations and the World Bank. The subcommittees covered agriculture, education, employment creation, environment, health, infrastructure and housing, institution-building, police, private sector, public finance, tourism and transport and communications. The Special Coordinator delegated secretariat responsibilities to United Nations agencies with an established presence on the ground, i.e., UNDP, UNICEF, UNRWA and WHO.
Parallel to establishing donor coordination structures, the Special Coordinator undertook to sharpen the focus of United Nations assistance. At an interagency meeting he convened in Gaza in December, which was attended by over 20 United Nations agencies and programmes, six priority sector groups were formed covering the main areas of United Nations activities. Each group was composed of all United Nations organizations working in or intending to work in a specific sector, with one United Nations agency as focal point. The International Labour Organization, UNDP, UNESCO, UNICEF and WHO assumed focal point responsibilities.
The building of a new Palestinian economy, with particular regard to trade and investment, in the light of the 1993 Declaration of Principles and subsequent agreements signed by Israel and PLO, was the subject of a seminar organized by the Committee on Palestinian rights (Paris, 20-22 June 1994), with the participation of Palestinian, Israeli and other experts, donor countries and other States, intergovernmental organizations and NGOs that provided assistance to the Palestinians, and United Nations bodies and agencies.(20) In his closing statement, the Committee Chairman said trade and investment were determining factors in building a new economy and its incorporation into the context of regional development. The commitment of the donor community and the readiness to extend the needed assistance were especially significant at this important juncture in Palestinian history.
ECONOMIC AND SOCIAL COUNCIL ACTION
On 27 July 1994, the Economic and Social Council adopted resolution 1994/29 without vote.
Assistance to the Palestinian people
The Economic and Social Council,
Taking note of General Assembly resolution 48/213 of 21 December 1993,
Welcoming the signing at Cairo on 4 May 1994 by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, of the first implementation agreement of the Declaration of Principles on Interim Self-Government Arrangements, namely, the Agreement on the Gaza Strip and the Jericho Area,
Gravely concerned about the difficult economic and employment conditions facing the Palestinian people throughout the occupied territory,
Conscious of the urgent need for improvement in the economic and social infrastructure of the occupied territory and the living conditions of the Palestinian people,
Aware that development is difficult under occupation and best promoted in circumstances of peace and stability,
Noting, in the light of the recent developments, the great economic and social challenges facing the Palestinian people and their leadership,
Conscious of the urgent necessity for international assistance to the Palestinian people, taking into account the Palestinian priorities,
Noting the convening of the United Nations Seminar on Palestinian Trade and Investment Needs, held at the headquarters of the United Nations Educational, Scientific and Cultural Organization from 20 to 22 June 1994,
Welcoming the signing of the agreements between the Palestine Liberation Organization and the United Nations Development Programme, the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the United Nations Educational, Scientific and Cultural Organization and the International Labour Organization,
Stressing the need for the full engagement of the United Nations in the process of building Palestinian institutions and in providing broad assistance to the Palestinian people, including assistance in the fields of elections police training and public administration,
Noting the appointment by the Secretary-General of the Special Coordinator in the Occupied Territories,
Welcoming the results of the Conference to Support Middle East Peace, convened in Washington, D.C., on 1 October 1993, and the establishment of the Ad Hoc Liaison Committee and the work being done by the World Bank as secretariat thereof, as well as the establishment of the consultative group,
Having considered the report of the Secretary-General,
1. Takes note of the report of the Secretary-General;
2. Expresses its appreciation to the Secretary-General for his rapid response and efforts regarding assistance to the Palestinian people;
3. Expresses its appreciation also to the Member States United Nations bodies and intergovernmental and non-governmental organizations that have provided and continue to provide assistance to the Palestinian people;
4. Stresses the importance of the appointment of the Special Coordinator in the Occupied Territories and the steps taken under the auspices of the Secretary-General to ensure the achievement of a coordinated mechanism for United Nations activities throughout the occupied territories;
5. Urges Member States, international financial institutions of the United Nations system, international intergovernmental and non-governmental organizations and regional and interregional organizations to extend as rapidly and as generously as possible, economic and social assistance to the Palestinian people in order to assist in the development of the West Bank and Gaza and to do so in close cooperation with the Palestine Liberation Organization and through official Palestinian institutions;
6. Calls upon relevant organizations and agencies of the United Nations system to intensify their assistance in response to the urgent needs of the Palestinian people in accordance with the Palestinian priorities set forth by the Palestinian Authority with emphasis on national execution and capacity-building;
7. Urges Member States to open their markets to exports from the West Bank and Gaza on the most favourable terms, consistent with appropriate trading rules;
8. Calls upon the international donor community to expedite the delivery of pledged assistance to the Palestinian people to meet their urgent needs;
9. Suggests the convening in 1995 of a United Nations-sponsored seminar on Palestinian administrative, managerial and financial needs and challenges in light of the new developments;
10. Requests the Secretary-General to submit a report to the General Assembly at its fiftieth session, through the Economic and Social Council, on the implementation of the present resolution, containing:
(a) An assessment of the assistance actually received by the Palestinian people;
(b) An assessment of the needs still unmet and specific proposals for responding effectively to them.
Economic and Social Council resolution 1994/29
27 July 1994 Meeting 46 Adopted without vote
Draft by President (E/1994/L.36), orally corrected; agenda item 5 (c).
Meeting numbers. ESC 41, 44, 46.
The Libyan Arab Jamahiriya explained that it did not accept the penultimate preambular paragraph. Peace in the region could be achieved only through the establishment of an independent Palestinian State based on implementation of the relevant United Nations resolutions. The current agreement would allow Israeli expansion at the expense of the Arab people and the spread of chemical weapons and weapons of mass destruction, in addition to continuing human rights violations.
GENERAL ASSEMBLY ACTION
On 20 December, the General Assembly adopted resolution 49/21 N without vote
Assistance to the Palestinian people
The General Assembly,
Recalling Economic and Social Council resolution 1994/29 of 27 July 1994,
Recalling also previous resolutions on the question,
Welcoming the signing at Cairo on 4 May 1994 by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, of the first implementation agreement of the Declaration of Principles on Interim Self-Government Arrangements, namely the Agreement on the Gaza Strip and the Jericho Area, and the Agreement on Preparatory Transfer of Powers and Responsibilities of 29 August 1994,
Gravely concerned about the difficult economic and employment conditions facing the Palestinian people throughout the occupied territory,
Conscious of the urgent need for improvement in the economic and social infrastructure of the occupied territory and the living conditions of the Palestinian people,
Aware that development is difficult under occupation and best promoted in circumstances of peace and stability,
Noting, in the light of the recent developments, the great economic and social challenges facing the Palestinian people and their leadership,
Conscious of the urgent necessity for international assistance to the Palestinian people, taking into account the Palestinian priorities,
Noting the convening of the United Nations Seminar on Palestinian Trade and Investment Needs, held at the headquarters of the United Nations Educational, Scientific and Cultural Organization from 20 to 22 June 1994,
Welcoming the signing of the agreements between the Palestine Liberation Organization and the United Nations Development Programme, the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the United Nations Educational, Scientific and Cultural Organization and the International Labour Organization,
Stressing the need for the full engagement of the United Nations in the process of building Palestinian institutions and in providing broad assistance to the Palestinian people, including assistance in the fields of elections, police training and public administration,
Noting the appointment by the Secretary-General in June 1994 of a Special Coordinator in the Occupied Territories,
Welcoming the results of the Conference to Support Middle East Peace, convened in Washington on 1 October 1993, and the establishment of the Ad Hoc Liaison Committee and the work being done by the World Bank as its secretariat, as well as the establishment of the consultative group,
Welcoming also the results of the meeting of the Ad Hoc Liaison Committee on 29 and 30 November 1994 at Brussels,
Having considered the report of the Secretary-General of 19 July 1994,
1. Takes note of the report of the Secretary-General;
2. Expresses its appreciation to the Secretary-General for his rapid response and efforts regarding assistance to the Palestinian people;
3. Also expresses its appreciation to the Member States, United Nations bodies and intergovernmental and non-governmental organizations that have provided and continue to provide assistance to the Palestinian people;
4. Stresses the importance of the appointment of the United Nations Special Coordinator in the Occupied Territories end of the steps taken under the auspices of the Secretary-General to ensure the achievement of a coordinated mechanism for United Nations activities throughout the occupied territories;
5. Urges Member States, international financial institutions of the United Nations system, international intergovernmental and non-governmental organizations and regional and interregional organizations to extend as rapidly and as generously as possible, economic and social assistance to the Palestinian people in order to assist in the development of the West Bank and Gaza and to do so in close cooperation with the Palestine Liberation Organization and through official Palestinian institutions;
6. Calls upon relevant organizations and agencies of the United Nations system to intensify their assistance in response to the urgent needs of the Palestinian people in accordance with the Palestinian priorities set forth by the Palestinian Authority with emphasis on national execution and capacity-building;
7. Urges Member States to open their markets to exports from the West Bank and Gaza and on the most favourable terms, consistent with appropriate trading rules;
8. Calls upon the international donor community to expedite the delivery of pledged assistance to the Palestinian people to meet their urgent needs;
9. Suggests the convening in 1995 of a United Nations-sponsored seminar on Palestinian administrative, managerial and financial needs and challenges in the light of the new developments;
10. Requests the Secretary-General to submit a report to the General Assembly at its fiftieth session, through the Economic and Social Council, on the implementation of the present resolution, containing:
(a) An assessment of the assistance actually received by the Palestinian people;
(b) An assessment of the needs still unmet and specific proposals for responding effectively to them;
11. Decides to include in the provisional agenda of its fiftieth session, under the item entitled "Strengthening the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance", a sub-item entitled "Assistance to the Palestinian people".
General Assembly resolution 49/21 N
20 December 1994 Meeting 93 Adopted without vote
15-nation draft (A/49/L.50); agenda item 37 (b).
Sponsors: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom.
Meeting numbers. GA 49th session: plenary 65, 93.
Israel fully supported economic, financial and technical assistance to the Palestinians. For many years, it had cooperated with UNDP, UNRWA, UNICEF and other international organizations in implementing programmes aimed at improving their living conditions, and the Special Coordinator could play an important role in that regard. However, Israel stressed, its participation in the consensus on the resolution should not be construed as implying any position regarding the current status of the territories referred to in the fourth and fifth preambular paragraphs as "the occupied territory", nor did it carry any implication regarding Israel's position concerning the territories' permanent status which was to be negotiated. With regard to paragraph 9, Israel hoped that the proposed seminar would be organized by an appropriate United Nations body acceptable to all parties.
(For assistance to Palestinian women,see PART THREE, Chapter XIII.)
Assistance to the Palestinian Police Force
Training
In response to a request by the PLO Chairman(18) for United Nations assistance in training the Palestinian Police Force, established pursuant to the 1993 Declaration of Principles and the May 1994 Agreement on the Gaza Strip and the Jericho Area, the United Nations Secretariat, together with France, the Netherlands, Norway, Spain, Sweden and the United Kingdom, set up a training programme for instructors. The PLO Chairman, at a meeting with the Special Coordinator (Tunis, 24 June), responded positively to the programme.
Financing
In a declaration issued on 13 September 1994 (see above), the first anniversary of the signing of the Declaration of Principles, PLO and Israel indicated that they would together approach the Secretary-General to request that the United Nations serve as the mechanism for channelling funds to the Palestinian police.(21)
Due to the urgency of the situation, the Secretary-General agreed to the channelling of donor funds for disbursement of police salaries and start-up costs for a short interim period. He insisted, however, that any further United Nations involvement would have to be mandated by the General Assembly and that the United Nations should incur no financial obligations in the process. It would be up to the Ad Hoc Liaison Committee, on behalf of the donors, to mobilize the necessary resources.
On 26 September, a Memorandum of Understanding was signed in Gaza by representatives of the Palestinian Police Force and UNRWA, and witnessed by the Special Coordinator and a representative of the Ad Hoc Liaison Committee. The Memorandum established a technical mechanism and procedures to be followed to effect payment of salaries and other recurrent costs of the Force.
GENERAL ASSEMBLY ACTION
On 2 December, the General Assembly adopted resolution 49/21 B without vote.
Financing of the Palestinian Police Force
The General Assembly,
Recalling its resolution 48/213 of 21 December 1993 on assistance to the Palestinian people,
Noting the establishment of the Palestinian Police Force pursuant to the Declaration of Principles on Interim SelfGovernment Arrangements, signed in Washington on 13 September 1993, and the Agreement on the Gaza Strip and the Jericho Area, signed at Cairo on 4 May 1994,
Noting also the establishment of the Ad Hoc Liaison Committee pursuant to the Conference to Support Middle East Peace, held in Washington on 1 October 1993,
Conscious of the need to establish a mechanism for disbursements to the Palestinian Police Force,
1. Requests the Secretary-General to designate a United Nations agency to disburse, with due attention to the need for thorough accounting, the voluntary contributions given by donors in light of the activities of the Ad Hoc Liaison Committee for salaries and other start-up costs of the Palestinian Police Force, for a period ending not later than the end of March 1995;
2. Encourages all Member States to contribute funds for this purpose through the designated United Nations agency;
3. Also requests the Secretary-General to report on the implementation of the present resolution.
General Assembly resolution 49/21 B
2 December 1994 Meeting 74 Adopted without vote
20-nation draft (A/49/L.30 & Add.1); agenda item 37 (b).
Sponsors: Austria, Belgium, Denmark, Egypt, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Russian Federation, Spain, Sweden, United Kingdom, United States.
Meeting numbers. GA 49th session: plenary 65, 74.
REFERENCES
(1)A/49/35. (2)A/49/636-S/1994/1240. (3)YUN 1993, p. 529, GA res. 48/158 D, 20 Dec. 1993. (4)Ibid., p. 530, GA res. 48/158 A, 20 Dec. 1993. (5)YUN 1975, p. 248, GA res. 3376(XXX), 10 Nov. 1975. (6)YUN 1967 p. 257, SC res. 242(1967), 22 Nov. 1967. (7)YUN 1973, p. 213, SC res. 338(1973), 22 Oct. 1973. (8)YUN 1993, p. 532, GA res. 48/158 C, 20 Dec. 1993. (9)A/48/910-S/1994/353. (10)A/48/923-S/1994/403. (11)YUN 1968, p. 264, SC res. 252(1968), 21 May 1968. (12)YUN 1980, p. 426, SC res. 478(1980), 20 Aug. 1980. (13)A/49/288- S/1994/903. (14)A/49/549-S/1994/1185. (15)A/49/556. (16)YUN 1993, p. 533; GA res. 48/59 A, 14 Dec. 1993. (17)A/C.5/48/81. (18)A/49/263-E/1994/112 & Corr.1. (19)YUN 1993, p. 534. (20)E/1994/96. (21)A/49/885.
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Incidents and disputes
involving Arab countries and Israel
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Iraq and Israel
By decision 49/474 of 23 December 1994, the General Assembly decided that the item on armed Israeli aggression against Iraqi nuclear installations remained for consideration during its forty-ninth session in 1995. 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.
Israel and Lebanon
Although the overall situation in Lebanon continued to improve in 1994 with the consolidation of national reconciliation, the situation in the southern part remained tense and volatile.
Israel continued to control southern Lebanon, an area manned by the Israeli Defence Forces (IDF) and the de facto forces (DFF), the so-called "South Lebanese Army". The boundaries of the Israeli-controlled area (ICA) were not clearly defined but were determined de facto by the forward positions of IDF/DFF. It included territory adjacent to the Israel-Lebanon armistice demarcation line, parts of the Fijian, Nepalese, Irish, Ghanaian and Finnish battalion sectors and the entire Norwegian sector of the United Nations Interim Force in Lebanon, as well as sizeable areas to the north of UNIFIL's positions. Within ICA, Israel maintained, in addition to DFF, a civil administration and a security service. Movement between ICA and the rest of Lebanon was strictly controlled; crossings were closed frequently. ICA remained economically dependent on Israel, and there were again reports of DFF recruitment.
In January,(2) Lebanon reported to the Secretary-General that law and order had been established, bringing with them the return of normalcy. Most foreign diplomatic missions had reopened, while citizens abroad and displaced persons were steadily returning to their homes and properties. The national infrastructure was being rebuilt. Indications of growing national confidence were substantial increases in the deposits of Lebanese banks, reductions in the trade deficit and a 7 per cent increase in the gross national product. The country was witnessing a renaissance of its cultural, artistic, touristic and educational institutions.
However, the Israeli occupation of southern Lebanon, while wreaking havoc, continued to thwart and preclude Lebanon's complete recovery. Israel perpetuated its occupation at a time when the whole region was geared to the Middle East peace process. Instead of seeking to implement confidence-building measures, such as the release of hundreds of innocent Lebanese civilians held at the notorious Al-Khiam Detention Centre in violation of the fourth 1949 Geneva Convention, the Israeli military continued its daily bombardments of and incursions into Lebanon in order to perpetuate the occupation.
Lebanon asserted that the violence in its southern part was the result of Israeli occupation; as long as that occupation was allowed to continue, hostilities and bloodshed would persist. As sanctioned by the Charter of the United Nations, the Lebanese would exercise their legal right of individual and collective resistance until Israel withdrew its forces from all Lebanese territory. Lebanon remained wholly committed to the Middle East peace process and would continue bilateral negotiations in order to achieve a comprehensive, just and lasting peace based on Security Council resolutions, in particular resolution 425(1978).(3)
Lebanon charged that, on 20/21 May,(4) an Israeli commando unit abducted Lebanese national Mustafa Al-Dirani from his home in the village of Qasr Naba in the northeastern part of the Bekaa Valley and took him to Israel. Lebanon strongly condemned that fresh act of aggression which, it said, violated its national sovereignty and security and threatened the Middle East peace process. It urged the United Nations, in particular the Security Council, to take speedy action for the immediate release and repatriation of Mr. Dirani. On 28 May,(5) Lebanon requested an urgent Council meeting to consider the abduction.
In June,(6) Lebanon informed the Security Council about further Israeli aggression. It charged that, on 2 June, Israeli combat aircraft bombarded the areas of Ayn Dardara and Naba' Loujouj, located 7 kilometres east of Ba'albek, using cluster, fragmentation, napalm and perforating bombs. Israeli military helicopters then pursued the fleeing inhabitants, most of whom were children under 15 years of age, firing on them with heavy machine-guns with the support of bombs and rockets. The massacre left 50 dead and more than 60 wounded, most of them seriously. Israel's attack followed a series of threats by its leaders against Lebanon and the security of its inhabitants. Lebanon called on the Council to take a firm position against Israel's aggression. On 3 June,(7) Lebanon requested the convening of an urgent Council meeting.
In July,(8) Lebanon reported that major positive developments had accelerated national reconstruction and rehabilitation. International companies had joined Lebanese firms in rebuilding downtown Beirut's new commercial centre and modernizing the national infrastructure. However, Israel launched daily attacks on the south and interior of the country.
Replying in August,(9) Israel charged that armed members of Hezbollah and other terrorist organizations functioned with impunity in Lebanon; equipped with mortars and Katyusha missiles, they were free to plan and carry out attacks and shellings both in northern Israel and Lebanon. Members and installations of UNIFIL were not immune from those attacks and had suffered casualties as a result. The terrorist groups were openly intent on undermining the peace process and Lebanon did not seriously attempt to prevent their activities. If Lebanon was indeed committed to settling its dispute with Israel peacefully through bilateral negotiations, it should not openly sanction terror. Israel's security measures in southern Lebanon must be viewed in the light of its right to self-defence. Its air strike on 2 June against the Hezbollah base at Ayn Dardara, which served only for terrorist training, was intended solely to prevent acts of terror against its population. There were no civilian residents there and no casualties had occurred outside the base.
Referring to Israel's letter, Iran, also in August,(10) expressed its moral support for Lebanese resistance, which it considered a legitimate struggle against Israeli occupation and for Lebanon's sovereignty and territorial integrity, a struggle recognized in the United Nations Charter.
Also in August,(11) Lebanon reported that for more than 10 days Israeli occupation forces had surrounded the village of Yohmor, outside the so-called "security zone". The Israeli army had dosed all roads providing access to that locality and had opened a new road linking Yohmor with the occupied zones in the south. It had cut off water and electricity and prevented the Red Cross from entering the village to provide assistance to the inhabitants who were living in extremely difficult conditions and many of whom required treatment and medicines. On 4 August, Israeli fighter planes carried out an air raid on Deir Zahrani, killing six people, including three children, and wounding 14 others. As the spokesman for the Israeli army had admitted, there was no military installation in Deir Zahrani and nothing could justify the deadly raid. Lebanon requested an urgent Council meeting to consider the situation.(12)
In October,(13) Lebanon informed the Secretary-General that, since 20 October, Israeli occupation forces had carried out daily attacks on south Lebanon in the form of escalating bombardments from air and land, using different kinds of weapons, including internationally outlawed nail bombs. Israeli artillery bombardment against the town of Nabatiyah had caused the death of seven citizens, injury to six others and serious material damage.
During the General Assembly debate on the Middle East situation in November, Lebanon stated that it had pursued bilateral talks with a view to obtaining full Israeli withdrawal from southern Lebanon, in compliance with Security Council resolution 425(1978). The occupation of south Lebanon by Israel since 1978 had brought havoc and violence to Lebanon, and the 1978 Litani operation and the 1982 invasion of Lebanon, as well as the concept of the so-called security zone, had failed to achieve security for Israel.
Israel's continued unchecked aggression was not conducive to creating an appropriate climate for the peace process; it was time for Israel to act accordingly and ensure a just, lasting and peaceful conclusion to that process. Lebanon demanded that Israel release the hundreds of Lebanese prisoners held in Israeli prisons and detention camps, which, it said, were notorious for physical and psychological torture.
UNIFIL
The Security Council twice extended the mandate of UNIFIL during 1994, in January and July, each time for a six-month period.
Established by the Council in 1978(3) following Israel's invasion of Lebanon in March of that year,(14) 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,(15) 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,(15) which tasks it continued to carry out during 1994. The Force was assisted by the Observer Group Lebanon (OGL).
Composition and deployment
As at January 1994, UNIFIL had a strength of 5,247 military personnel provided by 10 countries: Fiji, Finland, France, Ghana, Ireland, Italy, Nepal, Norway, Poland and Sweden. Civilian support was provided by a staff of 539, of whom 148 were recruited internationally and 391 locally. By July, at the beginning of the second 1994 mandate period, the numbers had changed to 528, 142 and 386, respectively, while troop strength had decreased slightly, to 5,244.
Logistic support for UNIFIL was provided by the Polish logistic battalion, which replaced the Swedish logistic battalion with effect from 6 April, as well as elements of the French composite battalion, the Norwegian maintenance company, the Polish and the Ghanaian engineer companies, the Polish medical unit, the Italian helicopter unit and some sections of the civilian staff, especially in the areas of communications and vehicle maintenance. The Force Mobile Reserve, a composite mechanized company of elements from seven contingents (Fiji, Finland, Ghana, Ireland, Nepal, Norway, Poland), reinforced UNIFIL's battalions when serious incidents occurred and during rotations. The French armoured company also reinforced the battalions as required and conducted patrols within the UNIFIL area.
Fifty-nine military observers of the United Nations Truce Supervision Organization (UNTSO) assisted UNIFIL in the performance of its tasks. These unarmed officers, organized as OGL, were under the operational control of the UNIFIL Commander, Major-General Troud Furuhovde of Norway. They manned the five observation posts along the Lebanese side of the Israel-Lebanon armistice demarcation line and operated five mobile teams in that part of the area of operation controlled by Israel.
Activities
Report of the Secretary-General (January). The Secretary-General gave an account of developments in the UNIFIL area between 21 July 1993 and 20 January 1994.(17) During that period, UNIFIL suffered three casualties—a Fijian soldier died as a result of a vehicle accident, an Irish soldier died as a result of an accidental discharge of his weapon and a Norwegian soldier was killed by a tank round. Five others suffered injuries from firing or explosions. That brought the number of soldiers who had died since UNIFIL's inception to 195 and the wounded to 299.
The review period began with an escalation of hostilities which involved the shelling of civilian targets in southern Lebanon and northern Israel and culminated in an intense week-long bombardment, from 25 to 31 July 1993, by Israeli air force and artillery of villages south and north of the Litani River. Within its area of operation, UNIFIL counted some 28,000 rounds of artillery, tank and mortar fire, and 800 bombs and missiles. In addition, tens of thousands of rounds were fired from machine-guns and rifles. The effects of the bombardment were severe: according to Lebanese reports, 130 persons were killed and more than 500 injured. Within its area of operation, UNIFIL was able to confirm 15 killed and 27 wounded. A large number of houses were destroyed or damaged, including schools and medical facilities. An estimated 200,000 inhabitants were temporarily displaced from UNIFIL's area. Following the establishment of a cease-fire on 31 July 1993 and after consultation with the United Nations, the Lebanese Government, on 9 August, sent an army unit—which comprised some 300 all ranks—to UNIFIL's area of operation to maintain law and order.
UNIFIL continued to oppose attempts by armed elements to enter or operate within its area of deployment. At times, that led to friction at UNIFIL's checkpoints, followed by harassment and threats directed at the members of the Force. Such cases were generally resolved through negotiations. Since the beginning of August 1993, UNIFIL recorded 80 operations against IDF/DFF by armed elements that had proclaimed their resistance against Israeli occupation. There were also numerous reports of attacks against IDF/DFF positions north of the Litani River. Since 31 July 1993, no firing into northern Israel had been reported. IDF/DFF continued their own attacks and retaliatory firing against armed elements. In addition to the bombardment in July, UNIFIL recorded about 8,900 artillery, mortar and tank rounds fired by IDF/DFF, compared to 7,900 during the previous six months. There were very few cases of indiscriminate firing at civilian targets. However, as in the past, there were numerous instances of firing by IDF/DFF at or dose to UNIFIL positions and personnel, which were repeatedly protested to the Israeli authorities.
UNIFIL detonated mines, roadside bombs and a large number of unexploded artillery and mortar shells left from the IDF/DFF bombardment in July 1993. It continued to extend humanitarian assistance to the civilian population in its area, within the available resources.
The Secretary-General observed that the situation in southern Lebanon continued to be tense and volatile. The exceptionally heavy Israeli bombardment at the end of July was followed by a lull, but in September hostilities returned to earlier levels. From August onwards, the shelling of civilian targets was much reduced, compared to previous mandate periods. UNIFIL did its best to limit the conflict to the extent possible, to protect the inhabitants from the effects of the violence and to render assistance to them. In carrying out its tasks, the Force was again severely hampered by firing directed at its positions and personnel.
Outside UNIFIL's area of operation, Lebanon continued on the path to normalization. Within UNIFIL's area, the deployment of a Lebanese army unit for maintaining law and order was a further step towards the restoration of government authority. On the other hand, Israel maintained its occupation of parts of southern Lebanon, despite the Security Council's repeated calls for its withdrawal. Hostilities continued and UNIFIL remained unable to implement its mandate.
Israel's general attitude to the situation in southern Lebanon and to UNIFIL's mandate remained as described previously: it stated that it had no territorial claims in Lebanon and that the so-called security zone was a temporary arrangement needed to ensure the security of northern Israel as long as the Lebanese Government was not able to exercise effective authority and prevent its territory from being used to launch attacks against Israel. Israel further considered that all issues between it and Lebanon should be dealt with in bilateral talks within the framework of the peace talks, leading to a peace treaty between the two countries.
For its part, Lebanon remained fully engaged in the process of reconstruction and national reconciliation. It considered that there could be no possible justification for continuing Israel's occupation of Lebanese territory, which it viewed as the root cause for the ongoing hostilities in the southern part of the country. Although UNIFIL continued to be prevented from implementing its mandate, its contribution to stability and the prosection it was able to afford the population of the area remained important. The Secretary-General therefore recommended that the Council accept Lebanon's request in its letter of 13 January(2) for an extension of the Force's mandate for another six months, until 31 July 1994.
SECURITY COUNCIL ACTION (January)
The Security Council met on 28 January to consider the Secretary-General's report. It unanimously adopted resolution 895(1994).
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 20 January 1994, and taking note of the observations expressed therein,
Taking note of the letter dated 13 January 1994 from the Permanent Representative of Lebanon to the United Nations addressed to the Secretary-General,
Responding to the request of the Government of Lebanon,
1. Decides to extend the present mandate of the United Nations Interim Force in Lebanon for a further period of six months, that is until 31 July 1994;
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 895(1994)
28 January 1994 Meeting 3331 Adopted unanimously
Draft prepared in consultations among Council members (S/1994/92).
Following adoption of the resolution and consultations among Council members, the President made a statement(18) on behalf of the Council:
Report of the Secretary-General (July). In his report to the Security Council on developments during the period from 21 January to 20 July 1994,(19) the Secretary-General noted that two Fijian soldiers had died as a result of hostile firing and that one Nepalese officer died as a result of a vehicle accident. In addition, a Fijian soldier and a Polish officer died of natural causes. Eight others suffered injuries as a result of firing or explosions. This brought the number of UNIFIL's accumulated casualties to 200 and of those wounded to 307.
The Secretary-General noted that attacks by armed elements against Israeli and associated military forces on Lebanese territory continued. There were also a few incidents of rockets being fired into northern Israel. IDF/DFF responded with heavy shelling, on a number of occasions causing casualties among the civilian population. In recent weeks, Israeli forces had increasingly taken the initiative in the fighting, including air raids against targets deep inside Lebanese territory. UNIFIL continued, to the best of its ability, to limit the conflict to the extent possible and to protect the inhabitants from the effects of the violence. It had stepped up its patrols in order to provide protection in the villages and to farmers working in the fields. On a few occasions, it was itself the target of violence. The Secretary-General stressed again to all concerned their obligation to respect UNIFIL's international and impartial status.
The Force maintained close contact and cooperated with the Lebanese authorities on all matters of mutual concern. Those authorities rendered assistance to UNIFIL in connection with the rotation of troops through Beirut and other logistic activities. Liaison and communications with the Lebanese army further improved, and Lebanese army liaison officers were particularly helpful in defusing confrontation with armed elements. In February, the Lebanese army established two permanent checkpoints inside UNIFIL's area of deployment in order to control the influx of goods into the country. Gendarmerie and customs authorities set up temporary checkpoints within the area for the same purpose. The Force continued to cooperate with the Lebanese gendarmerie on matters pertaining to the maintenance of law and order.
According to the Secretary-General, the situation in southern Lebanon remained essentially unchanged and UNIFIL continued to be prevented from fulfilling its mandate. Nevertheless, its contribution to stability and the protection it was able to afford the population in its area remained important. He therefore recommended that the Council accept Lebanon's request of 13 July(8) and extend the Force's mandate for a further six months, until 31 January 1995.
The Secretary-General regretted that there had been no visible progress in the peace talks to justify a further reduction in UNIFIL's strength. Nevertheless, he was compelled to consider seriously such a reduction in view of the funds available in UNIFIL's accounts, which barely covered three weeks' expenses, and an accumulated shortfall of $254.2 million in assessed contributions. He had initiated a study to determine how the Force could perform its essential functions in such circumstances.
SECURITY COUNCIL ACTION (July)
On 28 July, the Security Council, having considered the Secretary-General's report in the absence of one of its members (Rwanda), unanimously adopted resolution 938(1994).
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 20 July 1994, and taking note of the observations expressed therein,
Taking note of the letter dated 13 July 1994 from the Chargé d'affaires a.i. of Lebanon to the United Nations addressed to the Secretary-General,
Responding to the request of the Government of Lebanon,
1. Decides to extend the present mandate of the United Nations Interim Force in Lebanon for a further interim period of six months, that is until 31 January 1995;
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 938(1994)
28 July 1994 Meeting 3409 14-0
Draft prepared in consultations among Council members (S/1994/880).
Vote in Council as follows:
In favour: Argentina, Brazil China, Czech Republic, Djibouti, France, New Zealand, Nigeria, Oman, Pakistan, Russian Federation, Spain, United Kingdom, United States.
Against: None.
Following the vote and consultations among Council members, the President made a statement(20) on behalf of the Council:
The members of the Security Council take this opportunity to express their appreciation for the continuing efforts of the Secretary-General and his staff in this regard and commend UNIFIL's troops and troop-contributing countries for their sacrifices and commitment to the cause of international peace and security under difficult circumstances.
Financing
Report of the Secretary-General (January). In January 1994,(21) the Secretary-General submitted a report on the financing of UNIFIL, which showed outstanding assessed contributions of some $231.5 million as at 31 October 1993, while the unaudited financial statement for UNIFIL covering the 12-month period from 1 February 1991 to 31 January 1992 as at 30 June 1993 indicated a surplus balance of $5,769,036. Until the level of outstanding contributions was reduced, the Secretary-General recommended that the surplus, which would otherwise have to be surrendered as credits to Member States, be entered into the Suspense Account for UNIFIL established pursuant to a 1979 General Assembly resolution.(22)
For the period from 1 February 1993 to 31 January 1994, the Secretary-General projected revised expenditures of $145,349,000 and costs of $146,280,000, resulting in savings estimated at 51,194,000, which he proposed to credit against Member States' assessments in respect of future mandate periods. For the 12-month period beginning 1 February 1994, costs of UNIFIL were estimated at $11,857,000 gross ($11,474,500 net) per month, based on an average Force strength of 5,250 troops. In the event that future Security Council decisions on the status of UNIFIL entailed additional costs, commitment authorization would be sought from the General Assembly, or by initial recourse to the Peace-keeping Reserve Fund set up in 1993(23) or to the 1993 Assembly resolution on unforeseen and extraordinary expenses for 1994-1995,(24) with the prior concurrence of the Advisory Committee on Administrative and Budgetary Questions (ACABQ).
The Advisory Committee, in March,(25) concurred with the Secretary-General's proposals.
GENERAL ASSEMBLY ACTION (April/May)
On 5 April 1994, acting on the recommendation of the Fifth (Administrative and Budgetary) Committee, the General Assembly adopted decision 48/464 B without vote.
In the Committee, the Rapporteur said that owing to a lack of time, no agreement had been reached on financing UNIFIL; therefore, it was suggested as a provisional measure to authorize the Secretary-General to assume commitments for two months.
The Assembly, recalling its 1993 decision on the financing of UNIFIL,(26) accordingly authorized the Secretary-General, on an exceptional basis, to enter into commitments for maintaining the Force from 1 April to 31 May 1994 in an amount of $23,714,000 gross ($22,949,000 net) based on the pro rata share of the amount recommended by ACABQ.
On 26 May, again acting on the Fifth Committee's recommendation, the Assembly adopted resolution 48/254 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 895(1994) of 28 January 1994,
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 47/205 of 22 December 1992, and its decisions 48/464 A of 23 December 1993 and 48/464 B of 5 April 1994,
Affirming that the costs of the Force are expenses of the Organization to be borne by Member States in accordance with Article 17, paragraph 2, of the Charter of the United Nations,
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 an operation,
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,
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,
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 47/205,
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,
Concerned also that the surplus balances in the Special Account for the United Nations Interim Force in Lebanon have been used up for meeting expenses of the Force in order to compensate for the lack of income resulting from non-payment and late payment by Member States of their contributions and have consequently been exhausted,
1. Expresses concern about the deteriorating financial situation with regard to peace-keeping activities due to overdue payments by Member States of their assessments, particularly Member States in arrears;
2. Expresses deep concern about the adverse effect that the deteriorating financial situation has on reimbursement to troop contributors, placing an additional burden on these countries and putting at risk the continuing supply of troops to the United Nations Interim Force in Lebanon, and that this, inter alia, affects the implementation of its mandate;
3. Reaffirms its resolution 48/227 of 23 December 1993 and stresses the need for the Secretariat to submit budget documents in time in order to allow for a proper and thorough review and approval by the General Assembly of the budgets before their implementation;
4. Notes with satisfaction an improvement in the compliance by the Secretariat with certain resolutions of the Assembly with regard to the form of budget documents concerning peace-keeping operations;
5. Reaffirms the importance of the role of the Advisory Committee on Administrative and Budgetary Questions as an advisory body to the Assembly in the budget process;
6. Endorses the observations and recommendations contained in the report of the Advisory Committee, subject to the provisions of the present resolution;
7. Requests the Secretary-General to take all necessary action to ensure that the Force is administered with a maximum of effficiency and economy and, in particular, to implement fully economy, financial and efficiency measures to be approved during the resumed forty-eighth session of the Assembly and to report on the implementation of such measures in the context of the performance report relevant to the period;
8. Urges all Member States to make every possible effort to ensure payment of their assessed contributions to the Force promptly and in full;
9. Affirms that, among other factors, the failure of Member States to pay their assessed contributions promptly and in full and the fact that the Assembly has unfortunately been led to consider and approve peace-keeping budgets without adequate documentation have damaged and continue to damage the ability of the peace-keeping operations to implement their activities effectively;
10. Decides to appropriate to the Special Account for the United Nations Interim Force in Lebanon the amount of 146,280,000 United States dollars gross (143,178,000 dollars net), authorized and apportioned by the Assembly in paragraphs 2 and 3 of its resolution 47/205 for the operation of the Force from 1 February 1993 to 31 January 1994, inclusive;
11. Decides also to appropriate to the Special Account referred to in paragraph 10 above a total amount of 71,142,000 dollars gross (68,847,000 dollars net) for the period from 1 February to 31 July 1994, inclusive of the commitment authority of 24 million dollars gross (23.5 million dollars net) for the period from 1 February to 31 March 1994 and 23,714,000 dollars gross (22,949,000 dollars net) for the period from 1 April to 31 May 1994 authorized under decisions 48/464 A and B, respectively;
12. Decides further, as an ad hoc arrangement, to apportion the additional amount of 48,265,400 dollars gross (46,447,000 dollars net) for the period from 1 February to 31 July 1994, taking into account the amount of 22,876,600 dollars gross (22.4 million dollars net) already apportioned in accordance with decision 48/464 A, among Member States in accordance with the composition of groups set out in paragraphs 3 and 4 of Assembly resolution 43/232 of 1 March 1989, as adjusted by the Assembly in its resolutions 44/192 B of 21 December 1989, 45/269 of 27 August 1991, 46/198 A of 20 December 1991 and 47/218 A of 23 December 1992 and its decision 48/472 A of 23 December 1993, and taking into account the scale of assessments for the years 1992 1993 and 1994 as set out in Assembly resolutions 46/221 A of 20 December 1991 and 48/223 A of 23 December 1993 and Assembly decision 47/456 of 23 December 1992;
13. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 12 above, their respective share in the estimated income of 10,000 dollars other than staff assessment income approved for the period from 1 February to 31 July 1994, inclusive;
14. 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 12 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 1,808,400 dollars approved for the period from 1 February to 31 July 1994, inclusive;
15. Authorizes the Secretary-General to enter into commitments for the operation of the Force at a rate not to exceed 11,857,000 dollars gross (11,474,500 dollars net) per month for a period up to six months beginning 1 August 1994, should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 895(1994), the said amount to be apportioned among Member States in accordance with the scheme set out in the present resolution;
16. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 15 above, their respective share in the unencumbered balance of 931,000 dollars gross (1,194,000 dollars net) for the period from 1 February 1993 to 31 January 1994;
17. Requests the Secretary-General to include in his next report to the Assembly on the ftnancing of the Force comments on the feasibility of a gradual reduction of the surplus balance, taking into account the financial situation of the Force, the status of reimbursement to troop-contributing countries and the views expressed by Member States;
18. Decides, pending the receipt of the report, to postpone action on the recommendation contained in paragraph 27 of the report of the Advisory Committee;
19. Requests the Secretary-General, with a view to increasing the cost-effectiveness of the operation, to replace to the extent possible international General Service and international Field Service staff by locally recruited staff;
20. Invites voluntary contributions to the 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 Assembly in its resolutions 43/230 of 21 December 1988, 44/192 A of 21 December 1989 and 45/258 of 3 May 1991;
21. Requests the Secretary-General to take all necessary action to ensure that all United Nations activities related to the Force are administered with a maximum of efficiency and economy and in accordance with the relevant mandate, and to include information on the arrangements made in this regard in his report on the financing of the Force;
22. Decides to include in the provisional agenda of its forty-ninth session, under the item entitled "Financing of the United Nations peace-keeping forces in the Middle East", the sub-item entitled "United Nations Interim Force in Lebanon".
General Assembly resolution 48/254
26 May 1994 Meeting 94 Adopted without vote
Approved by Fifth Committee (A/48/813/Add.2) without vote, 9 May (meeting 65); draft by Chairman (A/C.5/48/L.65) based on informal consultations; agenda item 130 (b).
Report of the Secretary-General (November). A report of the Secretary-General(27) indicated that, as at 31 October 1994, $2,369.7 million had been appropriated for UNIFIL from its inception on 19 March 1978 to 31 January 1995, against which contributions of $2,179.2 million had been received. The outstanding balance of $235.2 million included $19.6 million due from China, transferred to a special account in accordance with a 1981 General Assembly resolution,(28) leaving $215.6 million due. No voluntary contributions had been received for the period under review. As at 31 October 1994, voluntary contributions totalling some $11.2 million had been received for the UNIFIL Suspense Account.
As a result of the withholding of contributions or delays in their payment by certain Member States, UNIFIL had been unable to meet its obligations on a current basis or in full, particularly those due to the troop contributors. Estimated amounts due to former and current troop contributors were about $28.2 million for troop costs and an additional $7.7 million for contingent-owned equipment for the period ending 31 December 1993. For the apportionment from 1 February 1994 to 31 January 1995, the Secretary-General provided revised expenditures and obligations resulting in savings of $1,120,000 due to reductions in troop strength.
For the 12 months beginning 1 February 1995, costs of UNIFIL were estimated at $134,814,000 gross ($130,450,000 net), or $11,234,500 gross ($10,870,830 net) per month, i.e., $7,470,000 gross ($7,244,000 net) lower than the initial estimates of $142,284,000 gross ($137,694,000 net). The decrease was due mainly to a reduction in the average troop strength from 5,250 to 5,015, as well as the replacement of 26 international civilian staff by local staff.
The Secretary-General requested that the surplus balance of $17,978,460—i.e., $5,780,416 for the period from 1 February 1991 to 31 January 1992 and $12,198,044 for the period from 1 February 1992 to 31 January 1993—be entered into the Suspense Account for UNIFIL in the light of the high level of outstanding contributions.
Responding to the Assembly's May request (see above) that he comment on the feasibility of a gradual reduction of the surplus balance of $90.5 million held in a suspense account, the Secretary-General pointed to UNIFIL's total indebtedness of $207.7 million through 31 January 1995, consisting of unliquidated obligations for the periods prior to 1 February 1994 ($32.2 million), accounts payable ($46.5 million) and projected expenditures, including unliquidated obligations for the period from 1 February 1994 to 31 January 1995 ($129 million). The available cash balance in the UNIFIL Special Account was some $30.2 million as at 25 October 1994.
Owing to the high level of outstanding contributions, the financial burden on troop contributors had so far not been alleviated; therefore, the Secretary-General considered it not feasible for the time being to reduce the amount being held in suspense.
ACABQ report (December). ACABQ, in December,(20) concurred with the Secretary-General's proposal to enter the amount of $17,978,460 into the Suspense Account. With regard to his financial performance report for the period from 1 February 1994 to 31 January 1995, ACABQ noted that an amount of $1,928,000 was shown as savings for military personnel costs and that savings of $709,000 were projected against civilian personnel costs; those savings were offset by overruns in estimates for transport and air operations and equipment and supplies. ACABQ expected that a true financial report for the period would be submitted at a later stage.
With regard to the costs of UNIFIL during the 12 months starting 1 February 1995, ACABQ recommended acceptance of the Secretary-General's estimates.
GENERAL ASSEMBLY ACTION
On 23 December 1994, on the recommendation of the Fifth Committee, the General Assembly adopted resolution 49/226 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 938(1994) of 28 July 1994,
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 48/254 of 26 May 1994,
Affirming that the costs of the Force are expenses of the Organization to be borne by Member States in accordance with Article 17, paragraph 2, of the Charter of the United Nations,
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,
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,
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,
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 47/205 of 22 December 1992,
Noting with appreciation that voluntary contributions in cash have been made to the Force by a certain Government,
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,
Concerned also that the surplus balances in the Special Account for the United Nations Interim Force in Lebanon have been used up for meeting expenses of the Force in order to compensate for the lack of income resulting from non-payment and late payment by Member States of their contributions and have consequently been exhausted,
1. Expresses deep concern about the adverse effect that the deteriorating financial situation has on reimbursement to troop contributors, placing an additional burden on these countries and putting at risk the continuing supply of troops to the United Nations Interim Force in Lebanon and that this, inter alia, affects the implementation of the mandate of the Force;
2. Endorses the observations and recommendations contained in the report of the Advisory Committee on Administrative and Budgetary Questions;
3. Requests the Secretary-General to take all necessary action to ensure that the Force is administered with a maximum of efficiency and economy;
4. Urges all Member States to make every possible effort to ensure payment of their assessed contributions to the Force promptly and in full;
5. Decides to appropriate to the Special Account for the United Nations Interim Force in Lebanon the amount of 71,142,000 United States dollars gross (68,847,000 dollars net), authorized and apportioned by the General Assembly in paragraph 15 of its resolution 48/254 for the operation of the Force from 1 August 1994 to 31 January 1995, inclusive;
6. Decides also to appropriate to the Special Account referred to in paragraph 5 above a total amount of 67,407,000 dollars gross (65,225,000 dollars net) for the period from 1 February to 31 July 1995, subject to the decision of the Security Council to extend the mandate of the Force beyond 31 January 1995 and the mandate periods to be decided upon by the Council;
7. Decides further, as an ad hoc arrangement, to apportion the amount referred to in paragraph 6 above among Member States in accordance with the composition of groups set out by the General Assembly in paragraphs 3 and 4 of its resolution 43/232 of 1 March 1989 as adjusted by the Assembly in its resolutions 44/192 B of 21 December 1989, 45/269 of 27 August 1991, 46/198 A of 20 December 1991 and 47/218 A of 23 December 1992 and its decision 48/472 A of 23 December 1993, and taking into account the scale of assessments for the year 1995, subject to the decision of the Security Council to extend the mandate of the Force beyond 31 January 1995 and the mandate periods to be decided upon by the Council;
8. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 7 above, their respective share in the estimated income of 10,000 dollars other than staff assessment income approved for the period from 1 February to 31 July 1995, inclusive;
9. 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 7 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 2,172,000 dollars approved for the period from 1 February to 31 July 1995, inclusive;
10. Authorizes the Secretary-General to enter into commitments for the operation of the Force at a rate not to exceed 11,234,500 dollars gross (10,870,830 dollars net) per month for a period of up to six months beginning on 1 August 1995, should the Security Council decide to continue the Force beyond 31 July 1995, the said amount to be apportioned among Member States in accordance with the scheme set out in the present resolution;
11. 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 17,978,460 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;
12. Requests the Secretary-General to submit to the General Assembly, through the Advisory Committee, a financial performance report for the Force for the period from 1 February 1994 to 31 January 1995;
13. Invites voluntary contributions to the 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,
14. Decides to include in the provisional agenda of its fiftieth session, under the item entitled "Financing of the United Nations peace-keeping forces in the Middle East", the sub-item entitled "United Nations Interim Force in Lebanon".
General Assembly resolution 49/225
23 December 1994 Meeting 95 Adopted without vote
Approved by Fifth Committee (A/49/811) without vote, 21 December (meeting 36); draft by Chairman based on informal consultations (A/C.5/49/L.27); agenda item 116 (b).
Meeting numbers. GA 49th session: 5th Committee 34, 36; plenary 95.
Israel and the Syrian Arab Republic
The General Assembly in 1994 continued 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. Israel effectively annexed the area when it decided to extend its laws, jurisdiction and administration to the territory towards the end of 1981;(30) the annexation was confirmed by a decision of the Israeli Knesset in November 1991.(31)
The issue of Israeli practices affecting the human rights of the population in the Syrian Arab Golan was continuously 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 Secretary-General. Pursuant to a 1993 General Assembly resolution(32) calling on the international community to urge Israel to withdraw from the Syrian Golan Heights, the Secretary-General, in October 1994,(33) reported on steps taken or envisaged by Member States in implementing that resolution. As at 18 October, Austria, France, India, Ukraine and Venezuela had replied to his notes verbales of 18 August requesting information in that regard.
GENERAL ASSEMBLY ACTION
On 16 December, the General Assembly adopted resolution 49/87 B by recorded vote.
The Syrian Golan
The General Assembly,
Having considered the item entitled "The situation in the Middle East",
Taking note of the report of the Secretary-General of 20 October 1994,
Recalling Security Council resolution 497(1981) of 17 December 1981,
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,
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,
Noting with satisfaction 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, with the hope that substantial and concrete progress will be achieved on the Syrian and Lebanese tracks for the realization of a just, comprehensive and lasting peace in the region,
1. Declares that Israel has failed so far to comply with Security Council resolution 497(1981);
2. Declares also 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, and calls upon Israel to rescind it;
3. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague Convention 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 those instruments in all circumstances;
4. Determines once more that the continued occupation of the Syrian Golan and its de facto annexation constitute a stumbling-block in the way of achieving a just, comprehensive and lasting peace in the region;
5. Demands once more that Israel withdraw from all the occupied Syrian Golan in implementation of the relevant Security Council resolutions;
6. Requests the Secretary-General to report to the General Assembly at its fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/87 B
16 December 1994 Meeting 91 77-2-70 (recorded vote)
13-nation draft (A/49/L.60); agenda item 38.
Sponsors: Cuba, Egypt, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Saudi Arabia, Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: plenary 72, 73, 91.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Argentina, Armenia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Bolivia, Brunei Darussalam, Burkina Faso, Burundi, Chile, China, Comoros, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, Ethiopia, Grenada, Guinea, Guyana, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya. Malaysia, Maldives, Mali, Mauritania, Mauritius, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan, Panama, Philippines, Qatar, Saint Lucia, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Benin, Botswana, Brazil, Bulgaria, Cameroon, Canada, Central African Republic, Colombia, Costa Rica, Côte d'Ivoire, Czech Republic, Denmark, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Haiti, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Kenya, Latvia, Liechtenstein, Luxembourg, Malta, Marshall Islands, Mexico, Micronesia, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Swaziland, Sweden, the former Yugoslav Republic of Macedonia, Togo, Ukraine, United Kingdom, Uruguay.
The United States expressed disappointment at the adoption of the resolution. While it had voted in favour of Security Council resolution 497(1981) on the status of the Golan Heights,(34) it was convinced that the text just adopted complicated the achievement of a mutually acceptable outcome. It was up to the Syrian Arab Republic and Israel to negotiate arrangements concerning the Golan Heights, and the two parties were deeply involved in that delicate process. The resolution clearly took sides and prejudged the outcome of their negotiations.
UNDOF
The United Nations Disengagement Observer Force, established by the Security Council in 1974,(35) as called for by the Agreement on Disengagement between Israeli and Syrian Forces concluded that year,(36) was charged with supervising the observance of the cease-fire between the two countries in the Golan Heights area and ensuring the separation of their forces. Assisting the Force as required were observers from UNTSO.
UNDOF's mandate was renewed twice in 1994, in May and November, each time for a six-month period.
Composition
In November 1994, UNDOF had a strength of 1,037 military troops (up from 1,036 in May) supplied by Austria, Canada and Poland, plus three observers (five in May) from UNTSO. In addition, it was assisted by 82 UNTSO observers assigned to the Israel-Syria Mixed Armistice Commission.
UNDOF, whose headquarters was at Camp Faouar, was deployed within, and close to, the area of separation, with base camps and a logistic unit located nearby. It also maintained an office in Damascus. The previous headquarters building there was closed at the end of May. The Austrian battalion, which was deployed in the northern part of the separation area, maintained 16 positions and 9 outposts. The Polish battalion, deployed in the southern part and with its base in Camp Ziouani, maintained 14 positions and 8 outposts. Both battalions conducted mine-clearing under the operational control of UNDOF headquarters.
The Canadian logistic unit was based in Camp Ziouani, with a detachment in Camp Faouar. It performed second-line general transport tasks, rotation transport, control and management of goods received by UNDOF and maintenance of heavy equipment. First-line logistic support was internal to the contingents and included transport of supplies to the positions. Third-line support was provided through normal supply channels by the United Nations. Damascus international airport served as UNDOF's airhead; Tel Aviv international airport was also used. The ports of Latakia and Haifa were used for sea shipments. In-theatre air support was provided by UNTSO on request.
On 13 December,(37) the Secretary-General informed the Security Council of his intention to appoint Major-General Johannes C. Kosters of the Netherlands as Force Commander of UNDOF, after the departure of Major-General Roman Misztal of Poland on 30 November 1994. He was to assume his post in January 1995. On 19 December,(38) the Council agreed to the Secretary-General’s proposal.
Activities
Reports of the Secretary-General (May and November). Before the expiration of the mandate of UNDOF on 31 May and 30 November, the Secretary-General reported to the Security Council on UNDOF activities for the mandate periods, covering 23 November 1993 to 22 May 1994(39) and 23 May to 18 November 1994.(40)
The reports noted that the Force continued to fulfil its functions effectively, with the cooperation of Israel and the Syrian Arab Republic. The cease-fire was maintained and the situation in UNDOF'S area of operation remained calm. UNDOF supervised the area of separation to ensure that no military forces were deployed there. This was effected by means of permanently manned positions and observation posts, and by foot and mobile patrols operating at irregular intervals on predetermined routes by day and by night. In addition, temporary outposts were established and patrols conducted from time to time as necessary. Between May and September 1994, there were a number of violations by Syrian personnel involved in field work and the laying of a minefield in the area of separation; they were removed following representations by the United Nations.
UNDOF conducted fortnightly inspections of armament and force levels in the areas of limitation. Liaison officers from the party concerned accompanied the inspection teams. As in the past, both sides restricted the movement of inspection teams, denying access to some of their positions. UNDOF assisted the International Committee of the Red Cross (ICRC) with facilities for mail and the passage of persons through the area of separation. Within the means available, medical treatment was provided to the local population on request.
In his observations, the Secretary-General cautioned that, despite the quiet in the Israel-Syrian Arab Republic sector, the situation in the Middle East continued to be potentially dangerous and was likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem could be reached. 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 1994 in the first instance and 31 May 1995 in the second.
SECURITY COUNCIL ACTION (May and November)
Meeting on 26 May 1994, the Security Council, without debate, unanimously adopted resolution 921(1994).
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 1994;
(c) To request the Secretary-General to submit, at the end of this period, a report on the development in the situation and the measures taken to implement Security Council resolution 338(1973).
Security Council resolution 921(1994)
26 May 1994 Meeting 3382 Adopted unanimously
Draft prepared in consultations among Council members (S/1994/620).
On 29 November, the Council, also without debate, unanimously adopted resolution 962(1994).
The Security Council,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force of 18 November 1994,
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 1995;
(c) To request the Secretary-General to submit, at the end of this period, a report on the development in the situation and the measures taken to implement Security Council resolution 338(1973).
Security Council resolution 962(1994)
29 November 1994 Meeting 3467 Adopted unanimously
Draft prepared in consultations among Council members (S/1994/1334).
After the adoption of each resolution, the President stated that he/she had been authorized to make the following complementary statement on behalf of the Council:(41)
Financing
GENERAL ASSEMBLY ACTION (April/May)
Following consideration of a December 1993 report of the Secretary-General(42) and the March 1994 recommendations of ACABQ,(43) the General Assembly, on 5 April, by decision 48/463 B, authorized the Secretary-General, on an exceptional basis, to enter into commitments for maintaining UNDOF for the period from 1 April to 31 May 1994, in an amount of $5,360,000 gross ($5,198,000 net) based on the pro rata share of the amount recommended by ACABQ.
Speaking before the Fifth Committee, the Controller of the United Nations said ACABQ saw no need to enter the surplus balance of $5,109,700 into the Suspense Account as proposed by the Secretary-General. In the past, UNDOF had transferred the surplus balance to that account in order to facilitate operations, instead of crediting those amounts to Member States. ACABQ cited two arguments in support of its opinion: the status of assessed contributions to UNDOF and the fact that troop-contributing States had been fully reimbursed on a current basis. The Secretary-General had done everything possible to speed up the rate of reimbursement and, in the case of UNDOF, a good record had been maintained, which should not be used as grounds for refusing to approve matters aimed at strengthening the financial basis of the operations.
The Controller welcomed ACABQ's recommendation to approve the Secretary-General's estimates of $32,160,000, with one half of that amount to be appropriated and assessed for the period from 1 December 1993 to 31 May 1994; after 1 June, ACABQ recommended that the Secretary-General be given commitment authorization not exceeding 12,680,000 gross per month and that those amounts should be assessed on Member States. That practice, the Controller said, had been followed on previous occasions by the Secretary-General and ACABQ.
On 26 May, on the recommendation of the Fifth Committee, the Assembly adopted resolution 48/253 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 Observer Force, and the subsequent resolutions by which the Council extended the mandate of the Force, the latest of which was resolution 887(1993) of 29 November 1993,
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 47/204 of 22 December 1992, and its decisions 48/463 A of 23 December 1993 and 48/463 B of 5 April 1994,
Reaffirming that the costs of the Observer Force are expenses of the Organization to be borne by Member States in accordance with Article 17, paragraph 2, of the Charter of the United Nations,
Recalling its previous decisions regarding the fact that in order to meet the expenditures caused by the 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 an operation,
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,
Mindful of the fact that it is essential to provide the Observer Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council,
Concerned that the surplus balances in the Special Account for the United Nations Disengagement Observer Force have been used up for meeting expenses of the Force in order to compensate for the lack of income resulting from non-payment and late payment by Member States of their contributions and have consequently been exhausted,
1. Regrets deeply the fact that the budget documents did not comply with its resolution 42/207 C of 11 December 1987 as regards the equal treatment of the official languages of the United Nations;
2. Notes the assurances given by the Secretariat that such a situation will not be repeated;
3. Expresses deep concern about the status of contributions to the United Nations Disengagement Observer Force as at 31 March 1994, including the contributions outstanding in the amount of 20,956,112 United States dollars;
4. Expresses concern about the adverse effect that the deteriorating financial situation has on reimbursement to troop contributors, placing an additional burden on these countries and putting at risk the continuing supply of troops to the Observer Force;
5. Reaffirms its resolution 48/227 of 23 December 1993, and stresses the need for the Secretariat to submit budget documents in time in order to allow for a proper and thorough review and approval by the General Assembly of the budgets before their implementation;
6. Notes with satisfaction an improvement in the compliance by the Secretariat with certain resolutions of the Assembly with regard to the form of budget documents concerning peace-keeping operations;
7. Reaffirms the importance of the role of the Advisory Committee on Administrative and Budgetary Questions as an advisory body to the Assembly in the budget process;
8. Endorses the observations and recommendations contained in the report of the Advisory Committee, subject to the provisions of the present resolution;
9. Requests the Secretary-General to take all necessary action to ensure that the Observer Force is administered with a maximum of efficiency and economy and, in particular, to implement fully economy, financial and efficiency measures to be approved during the resumed forty-eighth session of the Assembly and to report on the implementation of such measures in the context of the performance report relevant to the period;
10. Urges all Member States to make every possible effort to ensure payment of their assessed contributions to the Observer Force promptly and in full;
11. Affirms that, among other factors, the failure of Member States to pay their assessed contributions promptly and in full and the fact that the Assembly has unfortunately been led to consider and approve peace-keeping budgets without adequate documentation have damaged and continue to damage the ability of peace-keeping operations to implement their activities effectively;
12. Notes with appreciation that a voluntary contribution has been made to the Observer Force by a Government;
13. Decides to appropriate to the Special Account referred to in section II, paragraph 1 of its resolution 3211 B (XXIX) the amount of 18,204,000 dollars gross (17,718,000 dollars net) authorized and apportioned by the Assembly in paragraph 7 of its resolution 47/204 for the operation of the Observer Force for the period from 1 June to 30 November 1993, inclusive;
14. Decides also to appropriate to the Special Account an amount of 16,080,000 dollars gross (15,594,000 dollars net) for the period from 1 December 1993 to 31 May 1994, authorized by the Assembly in its decisions 48/463 A and B;
15. Decides further, as an ad hoc arrangement, to apportion the amount referred to in paragraph 14 above among Member States in accordance with the composition of groups set out in paragraphs 3 and 4 of Assembly resolution 43/232 of 1 March 1989, as adjusted by the Assembly in its resolutions 44/192 B of 21 December 1989, 45/269 of 27 August 1991, 46/198 A of 20 December 1991 and 47/218 A of 23 December 1992 and its decision 48/472 A of 23 December 1993, and taking into account the scale of assessments for the years 1992 1993 and 1994 as set out in Assembly resolutions 46/221 A of 20 December 1991 and 48/223 A of 23 December 1993 and Assembly decision 47/456 of 23 December 1992;
16. Decides that there shall be set off against the apportionment among Member States, as provided for in paragraph 15 above, total estimated income of 486 000 dollars approved for the period from 1 December 1993 to 31 May 1994, inclusive, comprising their respective share in the Tax Equalization Fund of staff assessment income (478,500 dollars) and other income (7,500 dollars);
17. Decides also that there shall be set off against the apportionment among Member States, as provided for in paragraph 15 above, their respective share in the unencumbered balance of 706,000 dollars gross (640,000 dollars net) for the period from 1 December 1992 to 30 November 1993, inclusive;
18. Authorizes the Secretary-General to enter into commitments for the Observer Force at a rate not to exceed 2,680,000 dollars gross (2,599,000 dollars net) per month for the period of six months from 1 June 1994, should the Security Council decide to continue the Force beyond the period of six months authorized in its resolution 887(1993), the said amount to be apportioned among Member States in accordance with the scheme set out in the present resolution;
19. Requests the Secretary-General to submit the budget proposals for the Observer Force for the next financial period, including a comprehensive performance report, no later than 15 November 1994;
20. Also requests the Secretary-General to include in his next report to the Assembly on the financing of the Observer Force comments on the feasibility of a gradual reduction of the surplus balance, taking into account the financial situation of the Force, the status of reimbursement to troop-contributing countries and the views expressed by Member States;
21. Decides, pending the receipt of the report, to postpone action on the recommendation contained in paragraph 6 of the report of the Advisory Committee;
22. Invites voluntary contributions to the 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 Assembly in its resolutions 43/230 of 21 December 1988, 44/192 A of 21 December 1989 and 45/258 of 3 May 1991;
23. Requests the Secretary-General to take all necessary action to ensure that all United Nations activities related to the Observer Force are administered with a maximum of efficiency and economy and in accordance with the relevant mandate, and to include information on the arrangements made in this regard in his report on the financing of the Force;
24. Decides to include in the provisional agenda of its forty-ninth session, under the item entitled "Financing of the United Nations peace-keeping forces in the Middle East", the sub-item entitled "United Nations Disengagement Observer Force".
General Assembly resolution 48/253
26 May 1994 Meeting 94 Adopted without vote
Approved by Fifth Committee (A/48/812/Add.2) without vote, 9 May (meeting 65); draft by Chairman (A/C.5/48/L.66) based on informal consultations; agenda item 130 (a).
Report of the Secretary-General (October). In an October report,(44) the Secretary-General stated that, as at 30 September 1994, a total of $1,084.4 million had been appropriated and authorized for UNDOF and the United Nations Emergency Force for the period from inception to 30 November 1994. Assessment among Member States for that period was $1,057.6 million, while contributions received amounted to $985.1 million. The outstanding balance of $72.5 million included $36 million due from China, which was transferred to a special account in accordance with a 1981 General Assembly resolution,(28) leaving $36.5 million in unpaid contributions.
The performance report for the period from 1 December 1993 to 30 November 1994 showed estimated expenditure of $30,895,000, against an apportionment of $31,188,000, resulting in an unencumbered balance of $293,000. For the period from 1 December 1994 to 30 November 1995, the Secretary-General estimated the cost of UNDOF at $32,131,000 gross ($31,132,000 net).
ACABQ report (December). ACABQ, in December 1994,(29) recommended appropriations for UNDOF of $16,080,000 gross ($15,594,000 net) for the period from 1 June to 30 November 1994, authorized and assessed in accordance with the Assembly's May resolution (see above). For the period from 1 December 1994 to 31 May 1995, it recommended that the Assembly appropriate $16,065,504 gross ($15,566,000 net). In the case of a mandate renewal beyond 31 May 1995, ACABQ recommended authorization of monthly commitments not exceeding $2,677,583 gross ($2,594,000 net).
GENERAL ASSEMBLY ACTION (December)
On 8 December 1994, the General Assembly, by decision 49/413 A, authorized the Secretary-General to enter into commitments for the operation of UNDOF for the period from 1 to 31 December 1994 in the amount of $2,678,000 gross ($2,594,000 net).
On 23 December, on the recommendation of the Fifth Committee, the Assembly adopted resolution 49/225 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 962(1994) of 29 November 1994,
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 48/253 of 26 May 1994,
Reaffirming that the costs of the United Nations Disengagement Observer Force are expenses of the Organization to be borne by Member States in accordance with Article 17, paragraph 2, of the Charter of the United Nations,
Recalling 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,
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,
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,
Concerned that the surplus balances in the Suspense Account for the United Nations Disengagement Observer Force have been used to meet the expenses of the Force in order to compensate for the lack of income resulting from non-payment and late payment by Member States of their contributions,
1. Expresses its deep concern about the status of contributions to the United Nations Disengagement Observer Force as at 30 November 1994, including the contributions outstanding in the amount of 65.9 million United States dollars, and urges all Member States concerned to make every possible effort to ensure the payment of their outstanding assessed contributions;
2. Expresses its concern about the adverse effect that the deteriorating financial situation has on reimbursement to troop contributors, placing an additional burden on those countries and putting at risk the continuing supply of troops to the United Nations Disengagement Observer Force;
3. Endorses the observations and recommendations contained in the report of the Advisory Committee on Administrative and Budgetary Questions;
4. 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;
5. Decides to appropriate to the Special Account for the United Nations Disengagement Observer Force the amount of 16,080,000 dollars gross (15,594,000 dollars net), authorized and apportioned by the General Assembly in paragraph 18 of resolution 48/253 for the operation of the Force for the period from 1 June to 30 November 1994, inclusive;
6. Decides also to appropriate to the Special Account an amount of 16,065,500 dollars gross (15,566,000 dollars net) for the period from 1 December 1994 to 31 May 1995, inclusive of the amount of 2,678,000 dollars gross (2,594,000 dollars net) authorized by the General Assembly in its decision 49/413 of 8 December 1994;
7. Decides further, as an ad hoc arrangement, to apportion the amount referred to in paragraph 6 above among Member States in accordance with the composition of groups set out in paragraphs 3 and 4 of General Assembly resolution 43/232 of 1 March 1989, as adjusted by the Assembly in its resolutions 44/192 B of 21 December 1989, 45/269 of 27 August 1991, 46/198 A of 20 December 1991 and 47/218 A of 23 December 1992 and its decision 48/472 A of 23 December 1993, the scale of assessments for the year 1994 to be applied against a portion thereof, that is, 2,677,580 dollars gross, which is the amount pertaining on a pro rata basis to the period ending 31 December 1994, and the scale of assessments for the year 1995 to be applied against the balance, that is, 13,387,920 dollars gross, for the period from 1 January to 31 May 1995, inclusive;
8. Decides 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 7 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 492,000 dollars approved for the period from 1 December 1994 to 31 May 1995, inclusive; 82,000 dollars being the amount pertaining on a pro rata basis to the period ending 31 December 1994 and the balance, that is, 410,000 dollars for the period from 1 January to 31 May 1995, inclusive;
9. Decides also that there shall be set off against the apportionment among Member States, as provided for in paragraph 7 above, their respective share in the estimated other income of 7,500 dollars approved for the period from 1 December 1994 to 31 May 1995, inclusive; 1,250 dollars being the amount pertaining on a pro rata basis to the period ending 31 December 1994, and the balance, that is, 6,250 dollars, for the period from 1 January to 31 May 1995, inclusive;
10. Decides further that there shall be set off against the apportionment among Member States, as provided for in paragraph 7 above, their respective share in the surplus balance of 5,330,932 dollars for the period from 1 December 1991 to 30 November 1992, inclusive, as well as the surplus balance of 3,775,797 dollars for the period from 1 December 1992 to 30 November 1993, inclusive;
11. Authorizes the Secretary-General to enter into commitments for the United Nations Disengagement Observer Force at a rate not to exceed 2,677,583 dollars gross (2,594,000 dollars net) per month for a period up to six months from 1 June 1995, should the Security Council decide to continue the Force beyond the period of six months authorized under its resolution 962(1994) the said amount to be apportioned among Member States in accordance with the scheme set out in the present resolution;
12. Requests the Secretary-General to submit to the General Assembly, through the Advisory Committee a financial performance report for the United Nations Disengagement Observer Force for the period from 1 December 1993 to 30 November 1994;
13. 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;
14. Decides to include in the provisional agenda of its fiftieth session, under the item entitled "Financing of the United Nations peace-keeping forces in the Middle East", the sub-item entitled "United Nations Disengagement Observer Force".
General Assembly resolution 49/225
23 December 1994 Meeting 95 Adopted without vote
Approved by Fifth Committee (A/49/755/Add.1) without vote, 21 December (meeting 36); draft by Chairman based on informal consultations (A/C.5/49/L.26); agenda item 116 (a).
Meeting numbers. GA 49th session: 5th Committee 34, 36; plenary 95.
Speaking before the Fifth Committee, the Chairman of ACABQ said that, in view of UNDOF's financial situation, the Advisory Committee saw no need to enter the surplus balance of $9.1 million into the Suspense Account; that surplus should instead be credited to Member States.
The Controller stated that the Secretary-General was of the view that the surplus balance held in suspense could be reduced only under the following conditions: if Member States made substantial payment of arrears and paid their assessed contributions promptly and in full, and if there was cash available after UNDOF's operating expenses had been met.
REFERENCES
(1)YUN 1981, p. 275. (2)S/1994/30. (3)YUN 1978, p. 312, SC res. 425(1978), 19 Mar. 1978. (4)A/49/164-S/1994/609. (5)S/1994/643. (6)A/49/171-S/1994/660. (7)S/1994/658. (8)S/1994/826. (9)S/1994/915. (10)S/1994/940. (11)A/49/306-S/1994/954. (12)S/1994/941. (13)A/49/568-S/1994/1209. (14)YUN 1978, p. 296. (15)YUN 1982, p. 428. (16)Ibid., p. 450; SC res. 511(1982) 18 June 1982. (17)S/1994/62. (18)S/PRST/1994/5. (19)S/1994/856. (20)S/PRST/1994/37. (21)A/48/841. (22)YUN 1979, p. 352, GA res. 34/9 D, 17 Dec 1979. (23)YUN 1993, p 1179. (24)Ibid., p. 1201, GA res. 48/229, 23 Dec. 1993. (25)A/48/905. (26)YUN 1993, p. 547, GA dec. 48/464 A, 23 Dec. 1993. (27)A/49/644. (28)YUN 1981, p. 1299, GA res. 36/116 A, 10 Dec. 1981. (29)A/49/785 & Corr.1. (30)YUN 1981, p. 309. (31)YUN 1992, p. 415. (32)YUN 1993, p. 548, GA res. 48/59 B, 14 Dec. 1993. (33)A/49/556. (34)YUN 1981, p. 312, SC res. 497(1981), 17 Dec. 1981. (35)YUN 1974, p. 205, SC res. 350(1974), 31 May 1974. (36)Ibid., p. 198. (37)S/1994/1431. (38)S/1994/1432. (39)S/1994/587 & Corr.1. (40)S/1994/1311. (41)S/PRST/1994/27, S/PRST/1994/72. (42)YUN 1993, p. 551. (43)A/48/905. (44)A/49/553.
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Territories occupied by Israel
______________________________
The Palestine territory and other Arab territories occupied by Israel as a result of armed conflicts in the Middle East comprised the West Bank of the Jordan River, including East Jerusalem, the Gaza Strip, and the Golan Heights in the Syrian Arab Republic. The inhabitants of those territories, which in 1994 had been under Israeli occupation for more than a quarter of a century, continued to reject the occupation as a permanent fact. Israel's policies and actions in the territories remained under constant monitoring by the Committee on Israeli practices, whose reports in 1994 showed that the human rights situation there continued to be serious, despite the historic signing of the Declaration of Principles by Israel and PLO in September 1993 and the May 1994 Agreement on the Gaza Strip and the Jericho Area (see above, under "Middle East peace process" and "Palestine question").
As requested by the General Assembly in 1993,(1) the Committee on Israeli practices in 1994 presented two periodic reports and its annual report—in February,(2)June,(3) and October(4)—covering developments in the occupied territories between 27 August 1993 and 26 August 1994. The reports incorporated excerpts or details of written information from various sources, including individuals, organizations and the Israeli and Arab press; oral testimonies of 37 persons with firsthand experience of the human rights situation in the territories, obtained through hearings conducted between 26 April and 7 May in Cairo, Amman and Damascus; and official Israeli statements reflecting Israel's policies in the territories, as well as reports on measures taken to implement them.
Transmitting in October the annual report of the Committee,(4) the Chairman stated that a major factor of tension and instability in the territories was the continued existence of Israeli settlements, which threatened peace and security in the region. Although no new settlements had been established during the period under review, a number of existing ones had been expanded. Israel had pursued its policy of land confiscation, which had reportedly been intensified significantly since the signing of the Declaration of Principles and the May Agreement.
The settlers acted increasingly aggressively and violently, blocking roads, threatening, shooting at and beating Arab civilians, and damaging or destroying their property. They appeared to have been systematically armed and their activities condoned by IDF. The most tragic example of settler violence was the massacre of Palestinian worshippers at the Ibrahimi Mosque in Hebron on 25 February 1994, when at least 29 persons lost their lives and numerous others were wounded.
The closure of the territories and their virtual division into five separate parts—the northern and the southern West Bank, the Jerusalem area, the Gaza Strip and the Syrian Golan—which came into effect at the end of March 1993, had not been officially lifted and was implemented more or less strictly during the reporting period. Almost 2 million Palestinians living in the territories were affected. After the Hebron massacre and bomb attacks in Israel on 6 and 13 April, the territories were closed almost hermetically, which paralysed life in general, aggravated the already critical economic situation and led to serious shortages of food and medical supplies. The closure of the territories and the imposition and enforcement of curfews severely restricted freedom of movement.
Random shootings of demonstrators, house demolitions, collective punishment and deficiencies in the administration of justice, including practices against detainees amounting to torture and ill-treatment, and other repressive measures continued. Among the positive developments, the Committee noted the return to the territories of long-term deportees and the release of more than 4,000 Palestinian prisoners.
The Chairman said the initial hope and expectations of the inhabitants of the territories at the time of the signing of the May Agreement between Israel and PLO had given way to disillusion among the majority of persons interviewed by the Special Committee. The status of occupation continued despite positive developments, and it was stressed that Israel should abide by its obligations under the 1949 fourth Geneva Convention and other relevant international instruments. The progress made in the peace process must be accompanied by full compliance with all universally accepted human rights standards, the Chairman continued. Unless definite progress was made with regard to the enjoyment of human rights by all the inhabitants of the territories, there was a real danger that support for the peace process would give way to hopelessness and despair, with all the attendant consequences. The efforts of the parties concerned should be directed towards nurturing a truly meaningful culture of respect for human rights, so that peace, understanding and mutual respect would prevail.
The Committee hoped that its findings would be taken into account when determining concrete measures designed to give life to the peace process. In the meantime, it recommended once more the implementation of measures to safeguard the basic human rights of the Palestinians, including full application by Israel of the fourth Geneva Convention and full compliance with United Nations resolutions pertinent to the territories; full Israeli cooperation with the Special Coordinator in the Occupied Territories, UNRWA and ICRC regarding detained persons; full support by Member States of the activities of UNRWA and ICRC; renewed efforts to convince Israel of the need for increased human rights protection, including granting the Committee access to the territories; and full Israeli cooperation with the United Nations Centre for Human Rights regarding implementation of human rights advisory assistance programmes in the areas falling under the interim self-government arrangements.
The Committee appealed to Israel to act in conformity with the spirit of the peace process by giving serious consideration to the following concrete measures: ensure respect of human rights standards by Israeli security forces, establishing clear rules and open-fire regulations, and put an end to the activities of undercover units, in particular to extrajudicial and summary executions; control the use of arms by settlers, prevent acts of violence by them and bring to justice those who perpetrated such acts; review settlements policy and halt the expansion of settlements; ensure legal safeguards and impartial administration of justice; end interrogation practices amounting to torture and ill-treatment, improve detention conditions and expedite the release of Palestinian prisoners; allow the return of deportees to the territories; end collective punishment measures that affected adversely the economic and social situation and hindered the enjoyment of fundamental rights and freedoms of movement, education, religion and expression; and refrain from curfews and closures and the destruction of property, as well as discriminatory measures concerning the use of water resources.
In February, the Commission on Human Rights adopted five resolutions relating to the occupied territories, specifically on: the situation in occupied Palestine;(s) Israeli settlements;(6) human rights violations,(7) and human rights in the Syrian Golan(8) (see PART THREE, Chapter X).
A number of communications addressed to the Secretary-General throughout 1994 drew attention to Israel's acts of repression. Israel, on its part, reported acts of terrorism for which the organization Hamas claimed responsibility. Among them were three bus explosions, the firing at pedestrians in a Jerusalem mall, and the abduction of IDF Corporal Nachshon Waxman. An attack on a bus in Afula, Israel, on 6 April, killed eight people and wounded more than 50.(9) A bomb explosion on a passenger bus in Hadera on 13 April killed six persons and wounded 25.(10) An incident on 9 October, in which two Palestinians threw grenades and fired at passers-by and restaurant patrons, left two people dead and 13 wounded.(11) According to a letter from Israel of 13 October,(12) Corporal Waxman was held captive in the Gaza Strip; under the Declaration of Principles and the May Agreement on Gaza and Jericho, Israel said, responsibility for his life and safe return lay with the Palestinian Authority. A bomb explosion on 19 October on a commuter bus in Tel Aviv killed 22 and injured 48 others, some of them critically.(13) Referring to the abduction of Corporal Waxman, Palestine, on 17 October,(14) said it became known that he was being held in Beir Nabala in the West Bank, and Israeli assertions that he was in Gaza, and that the Palestinian Authority was responsible proved to be wrong. Palestine expressed satisfaction that the two parties had decided to resume their peace talks.
Report of the Secretary-General. The Secretary-General reported in October 1994(15) that necessary facilities were provided to the Committee as requested by the Assembly in 1993.(1) Arrangements were made for it to meet in January, April/May and August 1994, and the Committee carried out a field mission to Egypt, Jordan and the Syrian Arab Republic in April/May. The Committee's 1994 reports were circulated to Member States. The DPI booklet The United Nations and the Question of Palestine, published in September 1994, devoted a full chapter to human rights in the occupied territories. To ensure the widest circulation of the Committee's activities and findings, DPI continued to provide press coverage of its meetings and to feature and distribute United Nations information materials, documents and press releases to the public at large.
GENERAL ASSEMBLY ACTION
Following consideration of the reports of the Committee on Israeli practices and acting on the recommendation of the Fourth (Special Political and Decolonization) Committee, the General Assembly, on 9 December 1994, adopted resolution 49/36 A by recorded vote.
The General Assembly,
Guided by the purposes and principles of the Charter of the United Nations,
Guided also by the principles of international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, as well as international standards of human rights, in particular the Universal Declaration of Human Rights and the International Covenants on Human Rights,
Recalling its relevant resolutions, including resolution 2443(XXIII) of 19 December 1968, and relevant resolutions of the Commission on Human Rights,
Recalling also relevant resolutions of the Security Council,
Aware of the uprising (intifadah) of the Palestinian people,
Convinced that occupation itself represents a primary violation of human rights,
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 and the relevant reports of the Secretary-General,
Noting the signing of the Declaration of Principles on Interim Self-Government Arrangements, including its Annexes and its Agreed Minutes, by the Government of the State of Israel and the Palestine Liberation Organization in Washington on 13 September 1993, as well as the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area signed at Cairo on 4 May 1994,
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. Demands that Israel cooperate with the Special Committee in implementing its mandate;
3. Deplores those policies and practices of Israel which violate the human rights of the Palestinian people and other Arabs of the occupied territories, as reflected in the reports of the Special Committee covering the reporting period;
4. Expresses the hope that, in the light of the recent positive political developments, those policies and practices will be brought to an end immediately;
5. Requests the Special Committee, pending complete 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;
6. Also requests the Special Committee to submit regularly to the Secretary-General periodic reports on the current situation in the occupied Palestinian territory;
7. 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;
8. 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 to Member States the periodic reports mentioned in paragraph 6 above;
(d) To ensure the widest circulation of the reports of the Special Committee and of information regarding its activities and findings, by all means available, through the Department of Public Information of the Secretariat and, where necessary, to reprint those reports of the Special Committee which are no longer available;
(e) To report to the General Assembly at its fiftieth session on the tasks entrusted to him in the present resolution;
9. Decides to include in the provisional agenda of its fiftieth 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 49/36 A
9 December 1994 Meeting 83 85-2-75 (recorded vote)
Approved by Fourth Committee (A/49/620) by recorded vote (76-2-54), 30 November (meeting 28); 12-nation draft (A/C.4/49/L.20); agenda item 78.
Sponsors: Bahrain, Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 27, 28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Angola, Azerbaijan, Bahrain, Bangladesh, Benin, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Chile, China, Colombia, Comoros, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Democratic People's Republic of Korea, Djibouti, Ecuador, Egypt, Ethiopia, Ghana, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan,, Philippines, Qatar, Republic of Korea, Saudi Arabia, Senegal, Singapore, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Emirates, United Republic of Tanzania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Belize, Bolivia, Bulgaria, Canada, Central African Republic, Congo, Croatia, Czech Republic, Denmark, Dominica, Estonia, Fiji, Finland, France, Gabon, Georgia, Germany, Greece, Grenada, Hungary, Iceland, Ireland, Italy, Jamaica, Japan, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Micronesia, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Slovakia, Slovania, Solomon Islands, Spain, Swaziland, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom, Uruguay, Uzbekistan.
In the Fourth Committee, Israel remarked that the resolutions under the agenda item did not take into account the rapid pace of events in the Middle East and contradicted the understandings reached and agreements signed with PLO. It firmly believed that the Special Committee should be disbanded and resolutions no longer adopted under the item.
In the view of the United States, the Assembly should not prejudge the outcome of negotiations through resolutions which favoured the position of only one of the parties. The position of the Special Committee was biased, superfluous and unnecessary; its budget would be better spent elsewhere, helping the Palestinians to improve their living standard.
Hebron massacre
On 25 February 1994, during the Muslim holy month of Ramadan, Dr. Baruch Goldstein, a member of the Kach movement and physician from the Kiryat Arba settlement, broke into the Ibrahimi Mosque located in the Tomb of the Patriarchs in the West Bank town of Hebron and killed at least 29 and wounded more than 90 Palestinian worshippers who had gathered for morning prayers. According to Palestine,(6) this most horrible massacre since the beginning of Israeli occupation in 1967 resulted in more than 50 killed and over 200 wounded.
The Committee on Palestinian rights, on the day of the massacre,(7) called on Israel immediately to control and disarm the settlers and others opposed to the recent agreements and to restrain the actions of its soldiers in order to defuse tension and restore credibility to the peace process. The Security Council, on 18 March, strongly condemned the massacre, called on Israel to prevent illegal acts of violence by its settlers, and called for measures to guarantee the safety and protection of Palestinians throughout the occupied territories (see below).
According to an investigation conducted by the International Commission of Jurists from 7 to 10 March, Dr. Goldstein had reloaded his machine-gun several times and fired at least 111 bullets, having reportedly passed two Israeli military checkpoints. At the time of the incident, only four of the usual nine guards were on the premises of the Tomb; in the ensuing pandemonium, the four soldiers responded to the crisis by dosing the East Gate of the building and opening fire. Soldiers were said to have obstructed the evacuation of the wounded by interfering with their transport.
On 27 February, the Israeli Government decided to appoint a Commission of Inquiry, headed by the Israeli Chief Justice, Judge Meir Shamgar. The Commission, which presented its findings on 26 June, concluded that Dr. Goldstein bore direct responsibility for the massacre, which was premeditated, and that he had acted alone. The political leadership and security forces could not have been expected to predict such an attack. Nevertheless, the Commission's investigation revealed serious deficiencies in the coordination and deployment of the security forces at the Tomb.
By a resolution of 28 February, the Israeli Knesset condemned the massacre. On 26 April, the Ministry of Justice and the Constitutional Committee of the Knesset issued new firing orders, stipulating that no settler was allowed to open fire on an attacker unless his own life was in immediate danger. On 13 March, the Israeli Government outlawed the Kach and Kahane Hai movements,(18) whose members were among the principal instigators of settler violence.
In confrontations with Israeli police following the massacre, from 26 February to 8 March, another 13 persons were killed and 217 injured in the West Bank and eight killed and over 240 injured in the Gaza Strip.
UNRWA immediately mobilized its resources to assist the affected Palestinians, directing its ambulances to the Hebron area and sending blood and other medical supplies to hospitals there and elsewhere. The Agency also helped redeploy medical staff to assist Hebron hospitals where victims were treated.
SECURITY COUNCIL ACTION
The Security Council convened on 28 February and on 1, 2 and 18 March at the request of Egypt, on behalf of the Arab Group,(19) and Pakistan, for the member States of the Organization of the Islamic Conference (OIC).(20) The President, with the consent of the Council, invited Afghanistan, Algeria, Bahrain, Bangladesh, Bosnia and Herzegovina, Egypt, Greece (on behalf of the European Union), Indonesia, Iran, Israel, Japan, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Mauritania, Qatar, the Sudan, the Syrian Arab Republic, Tunisia, Turkey, Ukraine and the United Arab Emirates, at their request, to participate in the discussion without the right to vote, in accordance with rule 37 of the Council's provisional rules of procedure.a/ He also invited the Permanent Observer of Palestine, at his request,(21) to participate, in accordance with the rules of procedure and the Council's previous practice in that regard.
The Observer of OIC, on a request by Pakistan,(22) was invited under rule 39 of the provisional rules of procedure,b/ as was the Chairman of the Committee on Palestinian rights.
During the debate, widespread support was expressed for an international presence to protect Palestinians in the territories. The dangerous situation caused by the massacre called for urgent and decisive Council measures, Palestine said; Israel should adopt real changes in policy, dismantling the settlements and disarming the settlers.
Israel condemned what it called the criminal murder committed by a single, fanatic individual. Extremists on both sides wrongly believed they could derail the peace process. In response to the massacre, Israel had taken a number of steps, such as establishing a Commission of Inquiry and measures against radical elements. It called on the Palestinians to return to the negotiating table and end 100 years of war and terrorism.
On 18 March, the Council adopted resolution 904(1994) without vote, following a paragraph-by-paragraph vote. The United States abstained on two preambular paragraphs; specifically, it opposed the description of the territories occupied during the 1967 war as "occupied Palestinian territory" (as in the second preambular paragraph) and the particular reference to Jerusalem (in the sixth preambular paragraph), the status of which, it said, was to be addressed at a later stage of the peace process.
The Security Council,
Shocked by the appalling massacre committed against Palestinian worshippers in the Mosque of Ibrahim in Hebron, on 25 February 1994, during the holy month of Ramadan,
Gravely concerned by the consequent Palestinian casualties in the occupied Palestinian territory as a result of the massacre, which underlines the need to provide protection and security for the Palestinian people,
Determined to overcome the adverse impact of the massacre on the peace process currently under way,
Noting with satisfaction the efforts undertaken to guarantee the smooth proceeding of the peace process and calling upon all concerned to continue their efforts to this end,
Noting the condemnation of this massacre by the entire international community,
Reaffirming its relevant resolutions, which affirmed the applicability of the fourth Geneva Convention of 12 August 1949 to the territories occupied by Israel in June 1967, including Jerusalem, and the Israeli responsibilities thereunder,
1. Strongly condemns the massacre in Hebron and its aftermath which took the lives of more than 50 Palestinian civilians and injured several hundred others;
2. Calls upon Israel, the occupying Power, to continue to take and implement measures, including, inter alia, confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers;
3. Calls for measures to be taken to guarantee the safety and protection of the Palestinian civilians throughout the occupied territory, including, inter alia, a temporary international or foreign presence, which was provided for in the Declaration of Principles, within the context of the ongoing peace process;
4. Requests the co-sponsors of the peace process, the United States of America and the Russian Federation to continue their efforts to invigorate the peace process and to undertake the necessary support for the implementation of the above-mentioned measures;
5. Reaffirms its support for the peace process currently under way, and calls for the implementation of the Declaration of Principles, signed by the Government of Israel and the Palestine Liberation Organization on 13 September 1993 in Washington, D.C., without delay.
Security Council resolution 904(1994)
18 March 1994 Meeting 3351 Adopted without vote
Draft by Djibouti (for non-aligned Council members), France, Russian Federation, Spain and United Kingdom (S/1994/280).
Meeting numbers. SC 3340-3342, 3351.
Palestine pointed out that every single Council resolution on the Palestinian issue contained language referring to Jerusalem as part of the occupied territories and any attempt to change that language carried the danger of a change in policy. Arab East Jerusalem was an integral part of the occupied Palestinian territory and all Israeli measures aimed at changing Jerusalem's status were legally null and void. Israel shared the Council's support for the peace process and implementation of the Declaration of Principles; however, reference to Jerusalem was incompatible with that Declaration, by which both parties agreed to address the issue not later than the beginning of the third year of the interim period.
Temporary International Presence in Hebron
Following the adoption of Security Council resolution 904(1994), Israel signed on 31 March an agreement with PLO concerning a Temporary International Presence in Hebron (TIPH). Palestine, by a letter of 29 March,(23) had emphasized the need for international protection of the Palestinians through a direct international presence in the occupied territory.
TIPH was established on 8 May. In a letter of 11 August,(24) Palestine said the presence of the observer force had clearly helped alleviate the suffering of the Palestinians in Hebron, where the situation remained tense, the Ibrahimi Mosque was still closed and several areas in the city were still off limits. Israel's refusal to extend TIPH'S mission violated the agreement reached on 31 March and was not in compliance with resolution 904(1994). Israel replied on 16 August(25) that paragraph A.10 of the 31 March agreement stipulated that TIPH would function for three months and, in the preamble to the Memorandum of Understanding of 2 May, signed by Denmark, Italy and Norway, it was also stipulated that the participation of the three countries was limited to a three-month period any prolongation could be considered only in accordance with paragraph A.10 of the 31 March agreement. Israel said that TIPH had completed is mission in accordance with the agreement and Memorandum; it had received no formal request for extending its mandate and saw no need to do so.
Israeli settlements
Report of the Committee on Israeli practices. In its October report,(4) the Committee on Israeli practices noted that, according to witnesses, the expansion of settlements had gained momentum after the signing of the Declaration of Principles in September 1993, and the expropriation of Arab-owned land was reportedly stepped up significantly before the signing of the May Agreement. The reasons invoked most frequently for expropriation were: security concerns; public use; unused land, in the confiscation of which Ottoman law was invoked; and the creation of natural reserves and public parks. Land was expropriated in order to expand existing settlements, build military camps as part of the redeployment of the Israeli army, and construct new roads. Expropriation also took place along the border with Israel.
In January 1994, the Palestine Human Rights Information Centre reported that, during the three months following the signing of the Declaration of Principles, 53,385,048 dunums of land were confiscated in the areas of Bethlehem, Nablus, Ramallah and Jenin, and in particular around Jerusalem and Hebron, and at least 15 settlements were enlarged. The continuation of urban development projects near Jerusalem, purportedly to strengthen the so-called Jerusalem security settlement belt, was also reported.
Communications. In November,(26) Palestine reported that Israel had introduced certain measures dividing Al-Haram Al-Ibrahimi (the Mosque of Ibrahim) in the city of Al-Khalil (Hebron), under the pretext of providing security in the area. Those measures attempted, in Palestine's view, to establish Israeli rights with regard to the Mosque and violated the 1993 Declaration of Principles. The Mosque remained a Palestinian-Arab Islamic shrine and Al-Khalil a Palestinian-Arab city, whose status should not be tampered with; attempts to legitimize the presence of Israeli settlers should be opposed by the international community.
Similarly, Egypt, on behalf of the Group of Arab States,(27) underlined, also in November, that Al-Khalil and its shrines were part of the Israeli-occupied territories; Israel should not limit the access of Palestinians to their holy places nor should it attempt to change the status of the territories.
Report of the Secretary-General. In an October 1994 report,(28) the Secretary-General informed the General Assembly that no reply had been received from Israel to his May request for information on steps it had taken or envisaged to implement the Assembly's 1993 demand(20) that it desist from taking any action that would result in changing the legal status, geographical nature or demographic composition of the occupied territories.
GENERAL ASSEMBLY ACTION
On 9 December 1994, the Assembly adopted resolution 49/36 C, as recommended by the Fourth Committee, by recorded vote.
The General Assembly,
Recalling its relevant resolutions and the resolutions of the Commission on Human Rights,
Bearing in mind the relevant resolutions of the Security Council, the most recent of which is resolution 904(1994) of 18 March 1994,
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 and the reports of the Secretary-General,
Aware of the responsibility of the international community to promote human rights and ensure respect for international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
Reaffirming also 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,
Welcoming the signing of the Declaration of Principles on Interim Self-Government Arrangements, including its Annexes and its Agreed Minutes, by the Government of the State of Israel and the Palestine Liberation Organization, in Washington on 13 September 1993, as well as the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area, signed at Cairo on 4 May 1994,
Noting the withdrawal of the Israeli army, which took place in the Gaza Strip and the Jericho area in accordance with the agreements reached between the parties, and the initiation of the Palestinian Authority in those areas,
Concerned about the continued violation of the human rights of the Palestinian people by Israel, the occupying Power, especially the use of collective punishment, closure of areas, annexation and establishment of settlements, and the continued actions by it designed to change the legal status, geographical nature and demographic composition of the occupied Palestinian territory,
Concerned in particular about the dangerous situation resulting from actions taken by the illegal, armed Israeli settlers in the occupied territory, as illustrated by the massacre of Palestinian worshippers by an illegal Israeli settler in Al-Khalil on 25 February 1994,
Convinced of the positive impact of a temporary international or foreign presence in the occupied Palestinian territory for the safety and protection of the Palestinian people,
Expressing appreciation to the countries that participated in the Temporary International Presence in Hebron for their positive contribution,
Convinced also of the need for the full implementation of Security Council resolution 904(1994),
1. Determines that all measures and actions taken by Israel, the occupying Power, in the occupied Palestinian territory, including Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and contrary to the relevant resolutions of the Security Council are illegal and have no validity, and demands that Israel desist forthwith from taking any such measures or actions;
2. Reaffirms in particular that the Israeli settlements in the occupied Palestinian territory, including Jerusalem, and the other Arab territories occupied by Israel since 1967 are illegal and an obstacle to a comprehensive settlement;
3. Notes with satisfaction the return of a number of deportees to the occupied Palestinian territory and calls upon Israel to facilitate the return of the remainder;
4. Calls upon Israel, the occupying Power, to accelerate the release of all remaining Palestinians arbitrarily detained or imprisoned, in line with agreements reached;
5. Calls for complete respect by Israel, the occupying Power, of all fundamental freedoms of the Palestinian people, pending the extension of the self-government arrangements to the rest of the West Bank;
6. Requests the Secretary-General to report to the General Assembly at its fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/36 C
9 December 1994 Meeting 83 145-2-17 (recorded vote)
Approved by Fourth Committee (A/49/620) by recorded vote (119-2-13), 30 November (meeting 28); 12-nation draft (A/C.4/49/L.22), orally revised; agenda item 78.
Sponsors: Bahrain, Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 27, 28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Comoros, Congo, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Guinea, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Saint Kilts and Nevis, Saint Lucia, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Antigua and Barbuda, Argentina, Barbados, Central African Republic Costa Rica, Gabon, Gambia, Grenada, Marshall Islands, Micronesia, Nigeria Papua New Guinea, Peru, Russian Federation, Saint Vincent and the Grenadines, Samoa, Swaziland.
The United States considered it unproductive to debate the legality of the settlement issue since that diverted attention from the real task of promoting peace.
Economic and social
repercussions of Israeli settlements
A report prepared by the Economic and Social Commission for Western Asia(30) and submitted by the Secretary-General in July 1994, in accordance with 1993 requests of the Economic and Social Council(31) and the General Assembly,(32) highlighted the economic and social repercussions of the Israeli settlements on the Palestinians in the Palestinian territory, including Jerusalem, and on the Arab population of the Syrian Golan Heights.
The report noted that, in July 1992, the Israeli Prime Minister had announced that his Government would change national priorities by focusing on the absorption of Jewish immigrants and curtailing the building of settlements in the West Bank and Gaza Strip, but not East Jerusalem. A distinction was made between political settlements and security settlements, of which the former would no longer be supported by the Government. The Prime Minister declared that future settlement policy would not affect Greater Jerusalem or the borders with Jordan and the Syrian Arab Republic. Statistics for the second quarter of 1993 showed that the Government remained committed to constructing 11,000 publicly financed dwellings in the West Bank (excluding East Jerusalem) and Gaza, and another 13,000 in East Jerusalem, in addition to 1,200 to 1,500 units undertaken by the private sector.
The expansion of Israeli settlements continued, as did construction activities, despite a drop in Jewish immigration from Eastern Europe.
Settling in East Jerusalem was of special importance. The municipal borders of "Greater Jerusalem"—which had come to include a much larger area of the West Bank than two decades before—were continuously expanded, covering both the east and west sides of the city. Both the Likud and Labour parties considered "United Jerusalem" the capital of Israel, and the newly elected mayor had declared his intention to administer Jerusalem on the understanding that the city was under Israeli rule and sovereignty. From 1990 to 1994, it was estimated that about 4 per cent of all immigrants arriving in Israel would have settled in East Jerusalem. Israeli settlers in 1993 almost matched the Arab majority in East Jerusalem for the first time.
In 1993, there were some 300,000 Israeli settlers in the Arab territories—160,000 in East Jerusalem, 120,000 in the rest of the West Bank, 4,500 in the Gaza Strip and 12,000 in the Golan Heights—indicating a growth of at least 20,000 in East Jerusalem, while the number of settlers in the Gaza Strip and the rest of the West Bank remained constant. In the Golan Heights, there was a slight reduction in the settler population. The settlers were distributed among 211 settlements, with an average of 1,405 per settlement. The small number of settlers per settlement in the Gaza Strip (281) and the Golan Heights (333) was in contrast to the populated settlements in East Jerusalem (17,778). Settlers formed less than 15 per cent of the total population in the occupied territories, from a low 0.5 per cent in Gaza to 12 per cent in the West Bank and less than half in East Jerusalem.
In the Syrian Golan, which had been depopulated by the 1967 war, only 15,000 inhabitants remained in the north-east corner from a pre-war population of 130,000. The occupation authorities there had enacted a series of laws, decrees and regulations on the basis of which Israeli military authorities seized 80 per cent of the total area of the occupied Syrian Golan and built 36 settlements, in addition to numerous military and paramilitary settlements.
Contrary to the expectations following the start of the peace process and the signing of the 1993 Declaration of Principles, the report noted, Israel had continued its practices of land confiscation in order to expand its settlements and construct roads to connect them. Long-term curfews imposed on various areas of the occupied territories to prevent clashes between Palestinians and Israeli settlers had greatly affected the agricultural sector. Fishing had also been affected in the Gaza Strip, where the establishment of seaside settlements had reduced the area used for fishing.
Under the guise of security requirements, Israeli authorities uprooted fruit (especially olive) trees and seedlings, depriving farmers of their main source of income and forcing them to leave their land.
Along with land confiscation, water continued to be one of the most sensitive issues affecting economic and social development in the territories. A series of military orders had been issued establishing rules and regulations for extraction, consumption, sale and distribution of water, control of water use, water-sharing and rationing, construction of water installations, drilling of wells, granting of permits and all matters regarding water resources, whether groundwater or surface water, including springs, ponds, streams and rivers, as well as the setting of prices and allowable quantities for use by Arab inhabitants and farmers. Those orders had made it easier for Israeli authorities and settlers to seize and utilize water in the occupied territories. As a result, the water resources were used mainly in favour of the occupying Power. Two thirds of Israel's water supplies were derived from the West Bank and the Gaza Strip. The amount of water transferred from there to Israel and its settlements (from groundwater through artesian wells and from the Jordan River) was estimated at 515 million to 530 million cubic metres per year, out of a total West Bank water supply of about 700 million cubic metres annually. The annual water consumption of Israeli settlers was estimated at 1,760 million cubic metres, while 230 million cubic metres were consumed by the Palestinians. The combination of the water distribution policy and overpumping in some areas had severely strained the availability of Palestinian water resources and their ability to meet growing needs. In the Gaza Strip, increased salinity due to sea-water intrusion had occurred as a result of excessive use of water for Israeli settlements.
ECONOMIC AND SOCIAL COUNCIL ACTION
On 29 July, the Economic and Social Council adopted resolution 1994/45 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 48/212 of 21 December 1993,
Reaffirming the principle of the permanent sovereignty of people under foreign occupation over their national resources,
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 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,
Recalling also Security Council resolution 904(1994) of 18 March 1994, in which, among other things, the Council called upon Israel, the occupying Power, to continue to take and implement measures, including, inter alia, confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory,
Aware of the negative and grave economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory, occupied since 1967, induding Jerusalem, and on the Arab population of the Syrian Golan,
Welcoming the ongoing Middle East peace process started at Madrid, in particular the signing at Cairo on 4 May 1994 by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, of the first implementation agreement of the Declaration of Principles on Interim Self-Government Arrangements, namely, the Agreement on the Gaza Strip and the Jericho Area,
1. Takes note of the note by the Secretary-General;
2. Reaffirms that Israeli settlements in the Palestinian territory, including Jerusalem, and other Arab territories occupied since 1967 are illegal and an obstacle to economic and social development;
3. Recognizes the economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory occupied by Israel since 1967, including Jerusalem, and on the Arab population of the Syrian Golan;
4. 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 illegal;
5. Requests the Secretary-General to submit to the General Assembly at its fiftieth 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 1994/45
29 July 1994 Meeting 49 46-1-3 (recorded vote)
5-nation draft (E/1994/L.34); agenda item 8.
Sponsors: Djibouti, Egypt, Jordan, Kuwait, Yemen.
Meeting numbers. ESC 46, 49.
Recorded vote in Council as follows:
In favour: Angola, Australia, Bahamas, Bangladesh, Belgium, Benin, Bhutan, Brazil, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, Egypt, France, Gabon, Germany, Ghana, Greece, India, Indonesia, Ireland, Italy, Japan, Kuwait, Libyan Arab Jamahiriya, Madagascar, Mexico, Norway, Pakistan, Paraguay, Philippines, Poland, Portugal, Republic of Korea, Romania, Senegal, Sri Lanka, Suriname, United Kingdom, United Republic of Tanzania, Venezuela, Zimbabwe.
Against: United States.
Abstaining: Belarus, Russian Federation, Ukraine.
Israel underlined that the Declaration of Principles stipulated that the issue of settlements would be discussed in the permanent status negotiations; any resolution on that issue would prejudge the outcome of those negotiations.
The United States, which requested the recorded vote, expressed a similar view, noting that the parties had moved beyond the positions set forth in the resolution.
Palestine stressed that the United Nations remained responsible for the Palestine question until it was settled in all its aspects, including the issues of settlements and refugees. The party pre-judging the outcome of final status negotiations was precisely the one which continued to expand the settlements, despite its avowed commitment to the Declaration of Principles.
GENERAL ASSEMBLY ACTION
On 19 December, the General Assembly, on the recommendation of the Second (Economic and Financial) Committee, adopted resolution 49/132 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,
Recalling Economic and Social Council resolution 1994/45 of 29 July 1994,
Reaffirming the principle of the permanent sovereignty of people under foreign occupation over their national resources,
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 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,
Recalling also Security Council resolution 904(1994) of 18 March 1994, in which among other things, the Council called upon Israel, the occupying Power, to continue to take and implement measures, including inter alia, confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory,
Aware of the negative and grave economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory, occupied since 1967, including Jerusalem, and on the Arab population of the Syrian Golan,
Welcoming the ongoing Middle East peace process started at Madrid, in particular the signing at Cairo on 4 May 1994 by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, of the first implementation agreement of the Declaration of Principles on Interim Self-Government Arrangements namely, the Agreement on the Gaza Strip and the Jericho Area,
1. Takes note of the note by the Secretary-General;
2. Reaffirms that Israeli settlements in the Palestinian territory, including Jerusalem, and other Arab territories occupied since 1967 are illegal and an obstacle to economic and social development;
3. Recognizes the economic and social repercussions of the Israeli settlements on the Palestinian people in the Palestinian territory occupied by Israel since 1967, including Jerusalem, and on the Arab population of the Syrian Golan;
4. 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 illegal;
5. Requests the Secretary-General to submit to the General Assembly at its fiftieth session, through the Economic and Social Council, a report on the progress made in the implementation of the present resolution.
General Assembly resolution 49/132
19 December 1994 Meeting 92 133-2-23 (recorded vote)
Approved by Second Committee (A/49/726) by recorded vote (112-2-23); 13 December (meeting 34); 10-nation draft (A/C.2/49/L.15); agenda item 12.
Sponsors. Algeria, Bahrain, Djibouti, Egypt, Jordan, Malaysia, Mauritania, Saudi Arabia, Tunisia, Yemen.
Meeting numbers. GA 49th session: 2nd Committee 17-19, 21, 22, 25, 28 29, 32, 34; plenary 92.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Ammenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Congo, Cuba, Cyprus, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Finland, France, Germany, Ghana, Greece, Grenada, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozembique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Saint Kitts and Nevis, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Belarus, Central African Republic, Costa Rica, Côte d'Ivoire, Croatia, Czech Republic, El Salvador, Fiji, Gabon, Gambia, Georgia, Guatemala, Kenya, Malawi, Marshall Islands, Micronesia, Nigeria, Papua New Guinea, Russian Faderation, Samoa, Swaziland, Ukraine, Uruguay.
Israel urged the Second Committee to defer the vote on the text which, it said, prejudged the outcome of the peace process and contradicted PLO's obligations under the Declaration of Principles. The appropriate forum for addressing the issue was bilateral negotiations. Furthermore, the fifth preambular paragraph referred to Security Council resolution 904(1994), but made no mention of Israeli measures to implement it, including the establishment of TIPH (see above) and security measures to ensure the safety of all worshippers at the Cave of the Patriarchs, and ignored the acts of terrorism against Israel by organizations such as Hamas or the Islamic Jihad.
Palestine said that, although under the Declaration of Principles PLO had agreed to put off talks on the Israeli settlements until a later date, international law should still be applied. Until a just and lasting solution was found, the Assembly should continue to affirm its position on the issue as part of the Organization's responsibilities in defence of the Palestinian cause.
Iran and the Libyan Arab Jamahiriya expressed reservations with respect to certain parts of the resolution which might be construed as recognition of Israel.
Golan Heights
Report of the Committee on Israeli practices. According to a statement by the Syrian Arab Republic in May 1994 before the Committee on Israeli practices,(4) Israel had enacted legislation and used various means to divest, Judaize and exploit the land in the occupied Syrian Golan and its resources in order to install settlements and military fortifications for purposes of subjugation, aggression and expansion at the expense of the inhabitants, depriving them of their fundamental freedoms, human rights and identity. The number of population centres destroyed amounted to 241, while displaced inhabitants numbered more than 120,000. Israel's agricultural exploitation of the occupied area of the Golan coincided with land expropriation and exploitation of Syrian farmers' water resources. Israeli settlers were shooting and killing Syrian cattle without compensating the owners, who were forced by such acts of harassment to sell the rest of their livestock.
Israel continued to establish new settlements and expand the existing ones, in accordance with a plan designed to raise the number of settlements in 1994 to 43 and increase the settler population to almost 20,000. It deliberately imposed taxes which the Arab inhabitants of the Golan were unable to pay. The Arab population was pressured to seek treatment at Israeli health institutions. In six Arab villages remaining under Israeli occupation, Arab curricula were replaced with Israeli curricula and the Hebrew language was imposed on Arab schoolchildren.
The Committee noted that, despite Israel's proclaimed intention to freeze settlement activity, a neighbourhood comprising 700 new apartments was inaugurated north of the Katzrin settlement on 4January, and on 3 February Israel reportedly authorized the extension of two settlements in the Golan Heights. On 17 January, it was reported that the Israeli Deputy Minister for Defence announced that the Government would hold a plebiscite if it decided to make "substantial" territorial concessions to the Syrian Arab Republic as part of a comprehensive settlement. On 21 April, the Israeli Prime Minister reportedly stated that he favoured evacuating the settlements in the Golan Heights in exchange for peace. On 29 April, he was reported to have indicated that Israel was willing to sign an accord concerning an unspecified withdrawal from the Golan, to be completed in three stages over a five-to eight-year period, but did not commit to a full withdrawal.
Report of the Secretary-General. In an October report,(33) the Secretary-General informed the General Assembly that no reply had been received from Israel to his May request for information on steps it had taken or envisaged to implement a 1993 Assembly resolution(34) condemning Israeli's persistence in changing the physical character, demographic composition, institutional structure and legal status of the occupied Golan and calling on it to desist from repressive measures against the population there.
GENERAL ASSEMBLY ACTION
On 9 December 1994, the General Assembly, on the recommendation of the Fourth Committee, adopted resolution 49/36 D by recorded vote.
The General Assembly,
Deeply concerned that the Syrian Golan occupied since 1967 has been under continued Israeli military occupation,
Recalling Security Council resolution 497(1981) of 17 December 1981,
Recalling also its previous relevant resolutions, the last of which was 48/41 D of 10 December 1993,
Having considered the report of the Secretary-General of 31 October 1994,
Recalling further its previous relevant resolutions in which inter alia, it called upon Israel to put an end to its occupation of the Arab territories,
Reaffirming once more the illegality of the decision of 14 December 1981 taken by Israel 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,
Reaffirming also 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,
Bearing in mind Security Council resolution 237(1967) of 14 June 1967,
Welcoming 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 aimed at the realization of a just, comprehensive and lasting peace, and stressing the need for rapid progress in all bilateral negotiations,
1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian Golan, and in particular Security 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 Golan was null and void and without international legal effect and demanded that Israel, the occupying Power, should rescind forthwith its decisions;
2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and in particular to desist from the establishment of settlements;
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. Further calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and to desist from its repressive measures against the population of the occupied Syrian Golan;
5. Deplores the violations of the Geneva Convention by Israel;
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 fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/36 D
9 December 1994 Meeting 83 145-1-15 (recorded vote)
Approved by Fourth Committee (A/49/620) by recorded vote (108-1-13), 1 December (meeting 29); 13-nation draft (A/C.4/49/L.23); orally revised; agenda item 78.
Sponsors. Bahrain, Bangladesh, Brunei Darussalam, Cuba, Egypt, Indonesia, Lebanon, Malaysia, Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 27-29; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Greece, Granada, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Philippines, Poland , Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Saint Kitts and Nevis, Saint Lucia, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Antigua and Barbuda, Argentina, Bahamas, Barbados, Fiji, Kenya, Marshall Islands, Micronesia, Papua New Guinea, Peru, Russian Federation, Saint Vincent and the Grenadines, Samoa, United States, Uruguay.
Speaking before the vote in the Committee, the Syrian Arab Republic said that, although Israel maintained that peace had been established following its conclusion of separate agreements with a number of Arab States, the Special Committee's report indicated otherwise. Israel continued to encourage opposition to its withdrawal from the Golan Heights and to strengthen the corresponding lobby in the Knesset. Israel's plan to hold a plebiscite regarding territorial concessions was unique in the history of international relations. The Syrian Arab Republic was prepared for a just and comprehensive peace that guaranteed cessation of Israel's occupation of the Golan and other Arab territories. In Israel's opinion, any interference from outside the Israeli-Syrian negotiations would aggravate the situation and harm prospects leading to a solution.
Fourth Geneva Convention
Report of the Committee on Israeli practices. In its October 1994 report,(4) the Committee on Israeli practices called on Israel to abide by its obligations under the fourth Geneva Convention, which remained the main international instrument in humanitarian law that applied to the occupied territories and whose applicability to those territories had repeatedly been reaffirmed by the Security Council, the General Assembly and other relevant organs of the United Nations.
Report of the Secretary-General. In October 1994,(35) the Secretary-General informed the General Assembly that Israel had not replied to his May request for information on steps taken or envisaged to implement a 1993 Assembly resolution(36) demanding that it accept the de jure applicability of the fourth Geneva Convention and comply scrupulously with its provisions in the occupied Palestinian territory, including Jerusalem, and other Arab territories it had occupied since 1967.
GENERAL ASSEMBLY ACTION
On 9 December 1994, on the recommendation of the Fourth Committee, the General Assembly adopted resolution 49/36 B by recorded vote.
The General Assembly,
Recalling its relevant resolutions,
Bearing in mind the relevant resolutions of the Security Council,
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 and the relevant reports of the Secretary-General,
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,
Stressing that Israel, the occupying Power, should comply strictly with its obligations under international law,
1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
2. Demands that Israel accept the de jure applicability of the Convention in the occupied Palestinian territory including Jerusalem, and other Arab territories occupied by Israel since 1967, and that it comply scrupulously with the provisions of the Convention;
3. Calls upon all States parties to the Convention, in accordance with article l common to the four Geneva Conventions, to exert all efforts in order to ensure respect for its provisions by Israel, the occupying Power in the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967;
4. Requests the Secretary-General to report to the General Assembly at its fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/36 B
9 December 1994 Meeting 83 155-3-5 (recorded vote)
Approved by Fourth committee (A/49/820) by recorded vote (127-2-5), 30 November (meeting 28); 12-nation draft (A/C.4/49/L.21); agenda item 78.
Sponsors. Bahrain, Bangladesh, Brunei Darussalam, Cuba, Djibouti, Egypt, Indonesia, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th committee 27, 28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypdan, Kazakhstan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Gambia,* Israel, United States.
Abstaining: Gabon, Marshall Islands, Micronesia, Russian Federation, Samoa.
*Later advised the Secretariat it had intended to abstain.
REFERENCES
(1)YUN 1993, p. 556, GA res. 48/41 A, 10 Dec. 1993. (2)A/49/67. (3)A/49/172. (4)A/49/511. (5)E/1994/24 (res. 1994/5) (6)Ibid. (res. 1994/1). (7)Ibid. (res. 1994/3 A & B). (8)Ibid. (res. 1994/2). (9)A/49/l 18-S/1994/401. (10)A/49/123-S/1994/427. (11)A/49/498-S/1994/1150. (12)A/49/510-S/1994/1158. (13)A/49/552-S/1994/1186. (14)A/49/535, (15)A/49/598. (16)A/48/882-S/1994/218. (17)A/48/883-S/1994/220. (18)S/1994/295. (19)S/1994/222. (20)S/1994/223. (21)S/1994/232. (22)S/1994/227. (23)A/48/913-S/1994/356. (24)A/48/982- S/1994/959. (25)S/1994/975. (26)A/49/646-S/1994/1261. (27)A/49/6 72-S/1994/1299. (28)A/49/600. (29)YUN 1993, p. 557, res. 48/41 C, 10 Dec 1993. (30)A/49/169-E/1994/73. (31)YUN 1993, p. 566, ESC res. 1993/52, 29 July 1993. (32)Ibid., p. 567, GA res. 48/212, 21 Dec. 1993. (33)A/49/601. (34)YUN 1993, p. 563, res. 48/41 D, 10 Dec. 1993. (35)A/49/599. (36)YUN 1993, p. 558, GA res. 48/41 B, 10 Dec. 1993.
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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 1994 was 3,006,787.(1) They lived in and outside camps in the Israeli-occupied West Bank and Self-Rule Area of Jericho (405,070), the Self-Rule Area of the Gaza Strip (643,600),Jordan (1,193,539), Lebanon (338,290) and the Syrian Arab Republic (327,288). By the end of 1994, UNRWA put the total number of refugees at over 3.1 million.
The various aspects of the Palestine refugee problem, as well as the activities of UNRWA, were addressed by the General Assembly in seven resolutions, adopted in December, concerning assistance to Palestine refugees (49/35 A) and to displaced persons (49/35 C), the Working Group on the Financing of UNRWA (49/35 B), scholarships for higher education and vocational training (49/35 D), the operations of UNRWA (49/35 E), revenues from refugees' properties (49/35 F) and the proposed University of Jerusalem "Al-Quds" for Palestine refugees (49/35 G).
UN Agency for Palestine Refugees
The UNRWA Commissioner-General observed in his annual report covering the period 1 July 1993 to 30 June 1994(1) that, with the establishment of the Palestinian Authority in the Gaza Strip and the Jericho area and the anticipated extension of self-rule to the rest of the West Bank, UNRWA had entered a new era. In an exchange of letters in June 1994, PLO requested UNRWA to continue its services in the self-rule areas during the interim period and pledged to apply in all relations with UNRWA relevant articles of the Charter of the United Nations and the 1946 Convention on the Privileges and Immunities of the United Nations.(2)
As the Palestinian Authority became more established, UNRWA began harmonizing its services with those provided by the Palestinian public sector. In the health field, for example, UNRWA cooperated with the Palestinian Red Crescent Society, the Palestine Council of Health and non-governmental health care organizations to identify ways of harmonizing services. In education, a joint PLO-UNRWA project to upgrade the skills of serving public-sector teachers was a step towards establishing common ground for harmonizing teaching methods and standards in schools run by UNRWA and the Palestinian Authority. The Palestinians asked UNRWA to build schools to accommodate the children of Palestinian police who were returning to the self-rule areas. At the request of PLO, UNRWA made available a vacant school in Aqabat Jabr camp in the Jericho area to house the new Education Authority. It assisted the nascent Palestinian Health Authority during the hand-over period from the Israeli Civil Administration by providing medical supplies. UNRWA also received contributions to upgrade equipment at a public sector hospital in the Gaza Strip. As the Palestinian police force was being set up, a number of requests were made for UNRWA stopgap assistance. The Agency was able to provide basic supplies and access to UNRWA health clinics for the police, as well as vacant premises in Jericho for use as temporary barracks. In May 1994, Israel proposed the establishment of a tripartite committee, with representatives of Israel, the Palestinian Authority and UNRWA, to arrive at new arrangements relating to UNRWA operations in the Gaza Strip and Jericho. The committee held its first meeting on 19 June to discuss future arrangements for the Agency's imports.
With international attention focused primarily on developments in the West Bank and Gaza Strip UNRWA emphasized the centrality to the peace process of Palestine refugees in Jordan, Lebanon and the Syrian Arab Republic, stressing the imperative of ensuring that they were included in regional developments and that adequate attention and resources were dedicated to meeting their needs. Operationally, the Agency accomplished this through its peace implementation programme (PIP), which covered those areas also. PIP was introduced in October 1993,(3) shortly after the signing of the Declaration of Principles and following consultations with the Palestinian leadership, UNRWA'S major donors and host Governments. Under PIP, the Agency aimed to improve basic physical and social services infrastructure, particularly in those sectors where it was already playing a significant role, such as education, health and environmental sanitation, relief and social services, and income generation. UNRWA took care to ensure that projects under PIP created employment opportunities for Palestinians. By 30 June 1994, nearly $187 million in proposals had been prepared under PIP for projects Agency-wide, including $46 million for the West Bank and $76 million for the Gaza Strip. The remainder, $65 million, was for projects in Jordan, Lebanon and the Syrian Arab Republic. Donors had committed $30 million towards projects in the West Bank, $48 million for the Gaza Strip, and over $10 million for the three other areas.
On 29 June, the Secretary-General announced his decision that UNRWA headquarters would be transferred from Vienna to Gaza by the end of 1995, to allow it to respond in an integrated way to the situation in the Gaza Strip, where Palestinian needs were greatest. A number of Vienna-based operational units were being relocated to UNRWA'S headquarters branch in Amman, Jordan. The Departments of Health and of Relief and Social Services, as well as the Programme Planning and Evaluation Office and the Motor Transport Office, were to relocate in Amman as of 1 July 1994, following the Education Department and the Audit Office, which had begun functioning from Amman in 1993.
Following the massacre of Palestinian worshippers at the Mosque of Ibrahimi in Hebron, West Bank, in February 1994 (see above, under "Territories occupied by Israel"), and the subsequent establishment of the Temporary International Presence in Hebron, UNRWA no longer operated its Refugee Affairs Officer programme in the city, with the exception of monitoring conditions at Agency installations. In the wake of the massacre and its aftermath, Israel tightened restrictions on movement, preventing Palestinians holding identification cards from the Gaza Strip and West Bank from entering East Jerusalem and Israel. The resealing of the occupied territory led to increased economic losses for Palestinian workers with jobs in Israel. Palestinian manufacturers and farmers also lost considerable income as the restrictions affected the movement of goods and services between Israel and the occupied territory as well as within the territory itself. The loss of income suffered by Palestinians as a result of those increased restrictions led UNRWA to respond by distributing food on an emergency basis to 75,000 families in the West Bank and 95,000 families in the Gaza Strip. Food distribution covered needy refugees; food was also provided to needy non-refugees in cooperation with local NGOs. UNRWA operations were also affected by the restrictions.
More than 3 million Palestine refugees were registered with UNRWA in its five fields of operation as at 30 June 1994. They were entitled to receive wide-ranging programmes of education, health, and relief and social services. Refugees had guaranteed access to primary health care through the Agency's 120 health centres or points and specialist clinics. In the social services, beneficiaries continued to play a growing role in identifying, implementing and managing community-based initiatives. That was particularly the case at the Agency's 73 women's programme centres, which were attended by 11,313 women and nine of which were managed by women's communities with technical assistance from UNRWA. Community involvement was also central to the 25 UNRWA-sponsored community rehabilitation centres or programmes, which served 3,456 children and adolescents, and to the 25 youth activity centres. The special hardship programme assisted 177,205 refugees with basic food rations, children's clothing and blankets, income-generating projects, shelter rehabilitation and preferential access to vocational training.
The education programme, covering school education, vocational and teacher training, remained UNRWA's largest single activity, accounting for almost 50 per cent of its regular budget for 1994. UNRWA's 641 schools were attended by 398,805 elementary and preparatory school pupils, an increase of 6,048 over the preceding school year. Vocational training, comprising two-year post-preparatory trade courses and two-year post-secondary technical courses, increased from 4,496 to 4,536 training places following the introduction of new courses. The education programme followed the host Governments' curricula and operated with the technical cooperation of UNESCO, which seconded 10 staff to UNRWA. Academic achievement of UNRWA pupils in the West Bank and Gaza Strip remained a major concern as schools continued to suffer from general strikes, military closures and curfews. Education services, which had been disrupted by the closure of the occupied territory in March 1993, suffered further from increased restrictions on movement imposed by Israel following the massacre at Hebron in February. Those restrictions hampered access by students and teachers alike to certain schools, particularly in the Jerusalem area. A number of students from the Gaza Strip enrolled at training institutions in the West Bank, including the Jerusalem area, lost two or more months of teaching time before being issued with permits allowing them to leave Gaza and remain in the West Bank. To help compensate for that loss of time and improve the level of academic achievement, UNRWA continued to develop self-learning materials, educational kits and work sheets. Self-learning materials were also distributed to schools for use as remedial work to help students overcome accumulated academic weakness.
The 201 UNRWA schools in Jordan provided basic education to 151,607 pupils, 743 less than the preceding year. The decrease could be attributed to 1993 austerity measures which imposed strict limits on the recruitment of additional teachers needed to meet natural growth among the student population. Some parents, concerned by the overcrowded conditions developing in many schools, transferred their children to public-sector schools. Furthermore, about 25 per cent of schools were still accommodated in unsatisfactory rented premises. UNRWA constructed four new schools to replace dilapidated prefabricated premises, 13 classrooms to avoid triple shifting and one specialized room. With the completion of seven more schools that were under construction, all prefabricated schools would have been replaced. A major development was the opening of the four-year Educational Science Faculty (ESF), offering a first-level university degree, at the Agency's Amman training centre, providing pre-service teacher training to 75 students in the first year and in-service training for 210 teachers to upgrade their qualifications to the university-degree level. Some 2,240 serving Agency teachers without four-year degrees would upgrade their qualifications at ESF over a period of 12 to 13 years. UNRWA continued to offer in-service training to teachers, head teachers, supervisors and instructors to upgrade their qualifications, meet curricular changes, update teaching methodologies and enhance skills in education administration. A total of 232 education staff members enrolled in those courses, in addition to the 179 teachers who were actually enrolled at ESF. The Agency's Amman and Wadi Seer training centres operated normally throughout the reporting period, with training places for 1,208 students in trades and semi-professional training courses. UNRWA awarded to 216 Palestine refugee students scholarships to universities in Jordan.
The 77 UNRWA schools in Lebanon, including a newly established secondary school, operated relatively normally about 7 per cent of school days were lost as a result of strikes or disturbances. A total of 33,647 pupils were enrolled in Agency elementary and preparatory schools and in the single secondary school, an increase of 475 pupils over the preceding year. At UNRWA's Siblin training centre, training places were provided to 628 students during the 1993/94 academic year. The Agency provided 41 university scholarships to Palestine refugee students in Lebanon.
Enrolment in UNRWA's 109 schools in the Syrian Arab Republic increased by 1,047 pupils over the previous year, to 61,263, while the number of trainees enrolled in the 20 courses at the Agency's Damascus training centre was 830, exceeding the 776 budgeted training places. UNRWA provided 186 university scholarships to Palestine refugee students, including 71 women, to study at Syrian universities.
In the West Bank, UNRWA's 100 elementary and preparatory schools served a student population of 42,589, an increase of 279 pupils over the preceding school year. Agency schools continued to suffer from periodic disruption as a result of military closure orders, curfews and movement restrictions, as well as from general strikes. Education services were severely affected by the closure of the occupied territory following the Hebron massacre in February. Schools in the Jerusalem area were the most affected, as teachers holding West Bank identity cards were not allowed to travel to Jerusalem or cross Jerusalem en route to other localities. By the end of June 1994, Agency schools had lost 14 per cent of school days. UNRWA continued to distribute self-learning materials, worksheets and audiovisual aids to pupils, especially in the most affected areas. The three West Bank training centres were also severely affected by the closure in late February. By the end of the reporting period, the amount of training time lost stood at 15 per cent at the Ramallah women's training centre, 24 per cent at the Ramallah men's training centre and 31 per cent at the Kalandia training centre. The three centres provided 1,216 places in vocational and technical courses, 60 more than during the 1992/93 training year, as a result of the introduction of new courses in ceramics, computer studies and social work at the women's training centre. An ESF was opened at the two Ramallah centres, offering four-year courses leading to a first-level university degree. The Agency awarded scholarships to 165 West Bank students, 95 of them women, to attend universities in the region.
UNRWA's 154 elementary and preparatory schools in the Gaza Strip served 109,699 students, 4,990 more than in the preceding school year. Disruption in education as a result of military closure orders, curfews and general strikes continued to decline during the reporting period. By the end of June 1994, about 10 per cent of school days had been lost as a result of such measures, compared to 16 per cent for the previous period. A rapidly growing student population, on the one hand, and limited availability of funds to expand educational infrastructure and recruit additional teachers, on the other, had resulted in serious overcrowding in UNRWA schools in the Gaza Strip. By the end of the reporting period, it was not uncommon to have over 50 children in a classroom. Many Agency schools, especially those built in the 1950s and 1960s with brick and false ceilings, had deteriorated to the extent that some were becoming unsafe. To cope with the high increase in the school population and avoid triple shifting, two schools comprising 33 classrooms, an additional 40 classrooms elsewhere, plus administration and specialized rooms, were constructed. The Gaza training centre provided 708 training places to 669 men and 39 women in 13 two-year vocational training courses. Owing to military closure orders, curfews and other factors related to unrest and tension, the centre had lost 25 per cent of training days by the end of the reporting period, which necessitated extending the training year until late October 1994. UNRWA awarded university scholarships to 218 Palestine refugee students from Gaza, of whom 81 were female.
The Agency's health care services included preventive and curative medical care, supplementary nutritional assistance to pregnant and nursing women and children under the age of three, and environmental health services. Medical care at the primary level was complemented by secondary services, such as hospitalization and referral and support services. More than 3,200 professional and support staff, the majority of whom were locally recruited Palestinians, provided those services through a network of 120 health centres or points and mother and child health clinics; 71 dental clinics; 78 laboratories; 32 specialist clinics for paediatrics, obstetrics and gynaecology, cardiology, ophthalmology, chest diseases and ear, nose and throat illnesses; and 210 special-care clinics for the treatment of diabetes mellitus and hypertension. UNRWA's health centres recorded nearly 6 million patient visits during the reporting period. UNRWA maintained its cooperation with WHO, which seconded six staff to the Agency.
In response to the needs of the refugee community, UNRWA placed greater emphasis on introducing or expanding special programmes, including maternal health and family planning services, mental health, control of non-communicable diseases, and management of iron-deficiency anaemia. Particular effort was exerted to develop and implement an expanded family health programme comprising antenatal natal and postnatal care, child health and family planning services. A new Division of Family Health was established and the functions of existing divisions within the Health Department were revised. More than 72,000 pregnant women, representing approximately 70 per cent of all expected pregnancies among the Palestine refugee population, were provided with comprehensive maternal care, approximately 214,000 children under three years old received regular growth monitoring, immunization and supervision, and more than 30,000 women of reproductive age received family planning services, comprising counselling, provision of contraceptive supplies and follow-up. Programmes for prevention and control of non-communicable diseases, such as diabetes mellitus, cardiovascular diseases and cancer, were reinforced and expanded as special activities integrated within the Agency's primary health care programme. The community mental health programme, established in the West Bank in 1991, was maintained, and modest programmes were introduced in the other four areas of operation beginning in March 1994.
Soon after the peace process began in 1991, UNRWA realized that a major challenge facing a future Palestinian health authority in the West Bank and Gaza Strip would be to create a coherent, unified and affordable programme of health care, drawing together radically different services in type and quality provided at the time by the Israeli Civil Administration, UNRWA, NGOs and the private sector. In order to contribute to the quality of health infrastructure, the Agency intensified its commitment to maintain, upgrade and expand its primary health care facilities; construct and equip a 232-bed general hospital in Gaza; establish a college of nursing in conjunction with the hospital; and establish a special programme for comprehensive planning and project implementation in environmental health in the Gaza Strip. Construction of the hospital, funded by the European Union, was expected to be completed by the end of 1995. A special contribution was made towards the cost of hospital equipment, including a combined income-generation and technology-transfer programme for the local production of furniture.
UNRWA's relief and social services programme continued to provide direct relief to those refugees unable to meet their own life-sustaining needs. Over the reporting period, the number of persons enrolled in the special hardship programme declined slightly, from 180,647 to 177,205, or from 6.5 per cent to 5.9 per cent of registered refugees. Lebanon continued to have the highest proportion of refugees enrolled in the special hardship programme—10.8 per cent—due to the large number of households without resident adult males and restrictions faced by Palestinians in seeking employment in many sectors of the local economy.
Following an internal evaluation, procedures relating to special-hardship eligibility were streamlined Agency-wide. From 1 January 1994, the distribution of blankets and clothing to all special hardship families was replaced by cash grants to meet emergency needs. Self-support projects for special hardship families to establish micro-enterprises were increasingly loan-based (with little or no interest) rather than grant-based as in the past. Some 19,000 shelters of special hardship families required improvement. Under PIP, UNRWA received funds to repair or reconstruct 5,400 shelters. Over the year, 1,684 shelters Agency-wide were repaired or reconstructed. The programme emphasized the participation of refugee families and often engaged contractors and labourers from the refugee camps where shelters were to be upgraded. In Lebanon, the priority concern was for over 4,000 refugee families who had been displaced during the years of conflict and were in urgent need of alternative housing.
The promotion of self-reliance was increasingly emphasized in relief and social service programmes, which also stepped up support for longer-term socio-economic development through initiatives to achieve self-sustaining, independent community organizations. In the women's programme centres, the focus was on developing the capacity of elected women's committees to manage the programmes themselves, with technical support and a financial subsidy from the Agency. By the end of the reporting period, nine of the 73 centres were community-managed. In the disability programme, coordination between community rehabilitation committees and local disability services and participation of committees in larger disability networks were fostered, with particular success in Jordan and the West Bank and Gaza Strip. A number of committees successfully established small enterprises, most of which also provided employment for disabled persons. Community-managed youth activity centres in the West Bank and Gaza Strip, supported technically and financially by UNRWA, were reactivated and the committees linked through the Youth Activities Federation. In addition to the established core activities in all programmes for women, persons with disabilities and youth, more attention was paid to leadership training and civic education, including (in the women's centres) legal literacy courses which covered civic matters as well as civil and religious law. A priority for the coming years would be the integration of these programmes into the Palestinian Authority's social service policy, and harmonization with public-sector endeavours in the other three areas.
Activities supported under the fund for extraordinary measures for Lebanon and the occupied territory (EMLOT), established in 1990 to address urgent needs arising out of emergency conditions, were sharply curtailed during 1994 as a result of financial shortfalls. The Agency maintained its emergency medical care programme in the West Bank and Gaza Strip, including afternoon clinics in both areas and night clinics in the Gaza Strip. However, the programme was reorganized in the West Bank to allow greater flexibility through the use of mobile teams rather than deploying staff at fixed centres, an arrangement that proved to be more effective in situations such as the massacre in Hebron and its aftermath. In the Gaza Strip the need to maintain night clinics diminished as intifadah-related incidents declined and, accordingly, those clinics were closed in May 1994. The Refugee Affairs Officer programme, funded under EMLOT, was discontinued in the Gaza Strip and Jericho area following the May 1994 Cairo Agreement.
As at 30 June 1994, a total of $84 million in projects was still being implemented under UNRWA's expanded programme of assistance (EPA) and capital and special projects, which included the Gaza hospital and environmental health projects. With the completion of EPA projects in the coming years, EPA was to be phased out in favour of PIP.
Under UNRWA's income-generation programme, which was expanded in mid-1991 to incorporate revolving loan funds to support the establishment or expansion of small to medium-scale Palestinian enterprises and help create employment opportunities, enterprises were assisted in many sectors of the Palestinian economy in the West Bank and Gaza Strip, ranging from metal, carpentry and painting workshops, textile manufacturing and photographic laboratories to an agricultural equipment plant. The expansion of UNRWA's support to the private sector, through its revolving loan fund and small-business training programmes, was an important component of PIP. The Agency successfully sought additional funds in order to allow larger businesses to apply for loans and to strengthen training in financial management and other skills. By 30 June 1994, there were 143 enterprises in the Gaza Strip supported by $3.34 million in loans; 74 in the West Bank, supported by $1.38 million; 66 in Jordan, with loans of $404,000; and 46 enterprises in Lebanon, with loans amounting to $279,000.
During the reporting period, UNRWA further advanced its social and economic development activities. Initiatives to support self-reliance were enhanced through the Palestinian Women's Initiative Fund, a poverty-alleviation programme, revolving loan funds and small-business training for the private sector, and new solidarity-group lending programmes in the Gaza Strip and the Syrian Arab Republic. The poverty-alleviation programme, which primarily targeted special hardship cases, continued to evolve from grant-based assistance towards small loans at little or no interest, which proved very successful in the Gaza Strip where 36 mini-loans were issued. Also in the Gaza Strip, the Agency established in May 1994 a solidarity-group lending programme, providing an alternative source of credit for women micro-vendors who were paying interest rates of up to 250 per cent to merchants for commodities or funds to maintain their enterprises. The Agency charged a service fee equivalent to an interest rate of about 10 per cent. In the Syrian Arab Republic, UNRWA began a group-guaranteed lending/community banking scheme for special hardship and other impoverished families, providing loans to groups of persons in support of micro-enterprise development, including expansion of shops or workshops and establishment of small home-based businesses.
Introducing the report to the General Assembly's Fourth Committee, the Commissioner-General said UNRWA was one of the vehicles for social and economic advancement in support of the Middle East peace process and still had a substantial role to play in the coming years as the question of the Palestine refugees was addressed. He proposed a timeframe for the future planning of UNRWA programmes over five years, to coincide with the target for the completion of negotiations over permanent-status issues in the peace process. In the meantime, a consensus should emerge among its donors, host Governments, the Palestinian Authority and others as to UNRWA's future role.
GENERAL ASSEMBLY ACTION
On 9 December 1994, on the recommendation of the Fourth Committee, the General Assembly adopted resolution 49/35 A by recorded vote.
Assistance to Palestine refugees
The General Assembly,
Recalling its resolution 48/40 A of 10 December 1993 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 1993 to 30 June 1994,
Welcoming the signature by the Government of the State of Israel and the Palestine Liberation Organization of the Declaration of Principles on Interim Self-Government Arrangements in Washington on 13 September 1993, and the subsequent implementation agreements,
Commending the work of the Multilateral Working Group on Refugees of the Middle East peace process,
Welcoming the appointment by the Secretary-General of the United Nations Special Coordinator in the Occupied Territories,
Welcoming also the decision to transfer the headquarters of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to its area of operation,
1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of its resolution 194(III), has not yet been effected and that, therefore, the situation of the refugees continues to be a matter of 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 refugees;
3. Endorses the decision of the Secretary-General to transfer the headquarters of the Agency, requests the Commissioner-General to implement that decision in a manner which does not adversely affect the efficient and continued running of the Agency in all fields of its area of operation, and requests the Secretary-General to produce a detailed financial plan to present to the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East as soon as possible and in any case before the transfer takes place;
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 resolution 194(III), and requests the Commission to exert continued efforts towards the implementation of that paragraph and to report to the General Assembly as appropriate, but not later than 1 September 1995;
5. Notes the significant success of the peace implementation programme of the Agency during the first year after the signing of the Declaration of Principles on Interim Self-Government Arrangements;
6. Welcomes the results of the Conference to Support Middle East Peace, held in Washington on 1 October 1993, concerning urgent financial and economic assistance in support of the economic and social development of the Palestinian people, also welcomes contributions by Member States to this end, and urges all Member States to extend and expedite aid and assistance with a view to the economic and social development of the occupied territories;
7. Directs attention to the continuing seriousness of the financial position of the Agency, as outlined in the report of the Commissioner-General;
8. Notes with profound concern that the structural deficit problem confronting the Agency portends an almost certain decline in the living conditions of Palestine refugees and therefore has possible consequences for the peace process;
9. Calls upon all Governments, as a matter of urgency, to make the most generous efforts possible to meet the anticipated needs of the Agency, including the costs of moving the headquarters to Gaza, and urges non-contributing Governments to contribute regularly and contributing Governments to consider increasing their regular contributions.
General Assembly resolution 49/35 A
9 December 1994 Meeting 83 164-0-2 (recorded vote)
Approved by Fourth committee (A/49/619) by recorded vote (130-0-5), 30 November (meeting 28); 18-nation draft (A/C.4/49/L.13); agenda item 77.
Sponsors: Austria, Bangladesh, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malaysia, Netherlands, Norway, Portugal, Spain, Sweden, United Kingdom.
Meeting numbers. GA 49th session: 4th committee 15-17, 25-28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guinea, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: None.
Abstaining: Israel, United States.
The Assembly adopted paragraph 3 and the last preambular paragraph by recorded vote of 160 to none, with 2 abstentions, and 163 to none, with 2 abstentions, respectively.
In the Committee, the Syrian Arab Republic explained it had abstained on the text because those two provisions referred to the transfer of UNRWA headquarters from Vienna to Gaza, which had been decided on without consulting the Syrian Arab Republic, a member of the UNRWA Advisory Committee; the headquarters could not be located in a place where some parties involved in UNRWA's work could not go. Lebanon expressed similar reservations in the Assembly, adding that it categorically rejected any attempt to settle permanently Palestinians living on its soil.
Despite the radical changes in Israel-Arab relations, Israel said the United Nations had not yet found a way to rid itself of obsolete resolutions and outdated language and to take into account the new reality in the Middle East. Israel supported the call to assist Palestinian refugees and cooperated fully with UNRWA in humanitarian matters, but could not support resolutions on political issues that were irrelevant to UNRWA's work and were at variance with the agreements between Israel and PLO.
Although supporting a number of aspects of the text, the United States said its abstention reflected its desire to avoid focusing on divisive or polarizing issues; the parties would address their differences regarding key aspects of the refugee problem at the negotiating table and the Assembly should encourage them in that.
In PLO's view, the resolution would foster the Palestinian cause and the peace process, provided that the other side drew the proper conclusions and brought its conduct into line with the wishes of the international community.
UNRWA operations
Services and premixes
The Commissioner-General reported(1) that, between 1 July 1993 and 30 June 1994, Israeli forces made 63 incursions into UNRWA installations in the West Bank and 113 in the Gaza Strip, at times resulting in injury to staff and damage to property. There were 36 recorded intrusions into health clinic and hospital premises, and Israeli security forces on occasion used Agency premises during military operations. The Agency protested such incursions as a violation of its privileges and immunities. With the withdrawal of Israeli security forces from large areas of the Gaza Strip and from the Jericho area, two long standing incursions into UNRWA premises by the Israeli security forces had ended: the presence of a military observation post on the roof of an Agency school at Aqabat Jabr camp near Jericho, which had been virtually continuous since November 1989, and the fencing-off by the Israeli military of the UNRWA women's programme centre in Jabalia camp in the Gaza Strip since May 1990.
Interference by Israeli security forces with UNRWA ambulance and medical services continued to cause concern. In the Gaza Strip, 28 incidents were recorded in which ambulances were stopped and searched; their drivers and accompanying medical personnel were at times beaten and their identity documents confiscated. Demolition of houses and camp shelters for punitive reasons continued in the West Bank and Gaza Strip although at a much-reduced level from preceding years.
Israel informed the Agency in May 1994 that, in view of the Cairo Agreement, it was no longer in a position to provide free-of-charge warehousing, labour for offloading and handling, and transport for UNRWA supplies destined for the Gaza Strip and theJericho area, under the terms of the Comay-Michelmore agreement of 1967. Israel proposed that tripartite discussions including the Palestinian Authority and UNRWA be undertaken for the purpose of coordinating new arrangements relating to UNRWA's activities. In subsequent discussions, it was agreed that Israel would no longer bear the cost of providing those facilities in relation to supplies destined for the Gaza Strip, but would continue to do so in relation to those for the West Bank. The Israeli authorities reimbursed UNRWA for payments made against value-added tax only on purchases made to the end of 1992. The Agency was continuing its efforts to obtain reimbursement from the Israeli authorities for payments made after then.
In June 1994, by an exchange of letters, annexed to the Commissioner-General's report, the UNRWA Commissioner-General and the PLO Chairman agreed on certain measures intended to facilitate the Agency's continued services to the Palestinians in the Gaza Strip and Jericho area and the remainder of the West Bank. In particular, PLO agreed to ensure protection of UNRWA personnel, installations and property; to permit unrestricted entry and exit of supplies, goods and equipment into and out of the area under the control of the Palestinian Authority; to permit unrestricted freedom of movement within that area; to recognize UNRWA's right to fly the United Nations flag on premises, vehicles and other means of transport; to provide unrestricted communication by radio, satellite or other means and facilitate connections with the United Nations communication network; to provide, free of charge, landing and port facilities; to recognize UNRWA's exemption from customs duties, taxes and charges on importation of supplies, goods and equipment; and to provide free of charge all necessary labour for offloading and handling, warehousing and transport of supplies, goods and equipment.
Legal matters
UNRWA staff
The Commissioner-General reported that, for the period from 1 July 1993 to 30 June 1994,(1) there was a significant reduction compared with the preceding year in the number of staff in the West Bank and Gaza Strip who were arrested, held in detention without trial and subsequently released; however, eight staff members in the West Bank remained in detention at the end of the reporting period, in comparison with only three at the end of the preceding year, although in the Gaza Strip this number dropped from 23 to 10. The number of staff arrested and detained in the Syrian Arab Republic was three; in Jordan and in Lebanon, one each. The total number of staff detained during the reporting period was 51, of whom 28 were arrested and released without charge or trial, 5 were charged, tried and sentenced, and 18 remained in detention. Of the 16 staff members previously reported as having been deported to Lebanon, all had returned with Israel's permission by December 1993, although five were thereupon placed in detention and later released. Subsequent to the May 1994 Agreement on the Gaza Strip and the Jericho Area, a number of Palestinians, including four staff members, were transferred from prisons in the Gaza Strip to detention centres and prisons in Israel.
Two UNRWA staff members were killed in Lebanon, both by persons whose identity remained unknown: in July 1993, an UNRWA teacher was shot dead in the presence of his family near Saida and, in November 1993, an UNRWA head teacher was shot dead as he was leaving his school near Saida. Two staff members were killed in the Gaza Strip during the reporting period: in October 1993, an UNRWA teacher was shot dead in Gaza town by persons unknown and, in March 1994, a staff member was shot and killed in the Jabalia refugee camp by Israeli security forces during a military operation.
In spite of the Agency s frequent approaches to the authorities, it was not provided with adequate and timely information on the reasons for the arrest and detention of its staff members and could thus not determine whether their arrest and detention arose out of their official duties. However, it had access to three staff members from the West Bank and 20 from the Gaza Strip detained in prisons and detention centres in the West Bank, the Gaza Strip and Israel. Despite efforts on the part of UNRWA, it was unable to visit staff in detention elsewhere. The ill-treatment of staff members in detention continued to be a matter of considerable concern. In the performance of their duties, both international and locally recruited staff were subjected by Israeli security forces to various forms of mistreatment, including injury by live and other forms of ammunition, beatings, and threatening and abusive behaviour. Some 67 such cases of mistreatment were recorded in the West Bank and 37 in the Gaza Strip. However, following the entry into effect of the May Agreement, such cases decreased noticeably.
Difficulties related to the movement of staff members into and out of the West Bank and Gaza Strip continued. There were lengthy delays in clearance by Israeli authorities of staff members for travel on official duty, and in some cases staff members were prevented from entering East Jerusalem and Israel. Difficulties were encountered in securing exit permits for Agency drivers from the Gaza Strip and in obtaining permits for students from Gaza enrolled at West Bank training centres. The freedom of movement of staff was further impeded by curfews and the continuing Israeli insistence that locally recruited staff must be in possession of curfew permits. In the Gaza Strip, following the entry into effect of the Cairo Agreement, curfew passes no longer had to be obtained. The arbitrary designation of closed military areas by the Israeli authorities continued to constitute difficulties to the official movement of staff.
Compensation claims
In 1994, UNRWA reported(1) that no progress had been made with regard to its various claims against Governments. The Secretary-General, in September 1994,(4) also stated that there had been no progress with regard to a claim by UNRWA against Israel for damage to its property resulting from the 1982 invasion of Lebanon.
GENERAL ASSEMBLY ACTION
On 9 December, on the recommendation of the Fourth Committee, the General Assembly adopted resolution 49/35 E by recorded vote. The resolution incorporated elements from several resolutions adopted in previous years under the agenda item, including those dealing with Palestine refugees in the Palestinian territory occupied by Israel since 1967,(5) protection of Palestine refugees,(6) and protection of Palestinian students and educational institutions and safeguarding of the security of the facilities of UNRWA in the occupied Palestinian territories.(7) Separate reports on these subjects were submitted by the Secretary-General in September.(8)
Operations of the United Nations Relief and Works
Agency for Palestine Refugees in the Near East
The General Assembly,
Recalling its resolutions 194(III) of 11 December 1948 212(III) of 19 November 1948, 302(IV) of 8 December 1949 and all subsequent related resolutions,
Recalling also the relevant Security Council resolutions,
Having 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 1993 to 30 June 1994,
Taking note of the letter dated 15 September 1994 from the Chairman of the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East addressed to the Commissioner-General, contained in the report of the Commissioner-General,
Having considered the reports of the Secretary-General submitted in pursuance of its resolutions 48/40 E, 48/40 H and 48/40 J of 10 December 1993,
Recalling Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations,
Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 to the Palestinian territory occupied since 1967, including Jerusalem,
Aware of the fact that Palestine refugees have, for over four decades, lost their homes, lands and means of livelihood,
Also aware of the continuing needs of Palestine refugees throughout the occupied Palestinian territory and in the other fields of operation, namely in Lebanon, Jordan and the Syrian Arab Republic,
Expressing its appreciation for the role which has been played by the United Nations Relief and Works Agency for Palestine Refugees in the Near East over the years in the service of the Palestine refugees, and aware of the importance of its presence and the increase in its work in the new circumstances,
Further aware of the valuable work done by the refugee affairs officers of the Agency in providing protection to the Palestinian people, in particular Palestinian refugees,
Deeply concerned about the critical financial situation of the Agency and its effect on the continuity of provision of necessary Agency services to the Palestine refugees including the emergency-related programmes,
Aware of the initiation of the new peace implementation programme of the Agency,
Convinced of the necessity of the transfer of the headquarters of the Agency to the occupied Palestinian territory as part of the area of operation of the Agency,
Welcoming the signing in Washington on 13 September 1993 of the Declaration of Principles on Interim Self-Government Arrangements by the Government of the State of Israel and the Palestine Liberation Organization, and the subsequent implementation agreements, including the Agreement on the Gaza Strip and the Jericho Area signed at Cairo on 4 May 1994,
Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization,
Recalling its decision 48/417 of 10 December 1993 on the establishment of a working relationship between the Advisory Commission of the Agency and the Palestine Liberation Organization,
1. Expresses its appreciation to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all the staff of the Agency, for their tireless efforts and valuable work;
2. Expresses its appreciation also to the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and requests it to continue its efforts and to keep the General Assembly informed on its activities, including the full implementation of decision 48/417;
3. Acknowledges the support of the host Governments and the Palestine Liberation Organization for the Agency in the discharge of its duties;
4. Calls upon Israel, the occupying Power, to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and to abide scrupulously by its provisions;
5. Also calls upon Israel to abide by Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations with regard to the safety of the personnel of the Agency and the protection of its institutions and the safeguarding of the security of the facilities of the Agency in the occupied Palestinian territory, including Jerusalem;
6. Calls once again upon the Government of Israel to compensate the Agency for damages to its property and facilities resulting from actions by the Israeli side;
7. Requests the Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the occupied Palestinian territory;
8. Notes that the new context created by the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of the State of Israel and the Palestine Liberation Organization and subsequent implementation agreements has had major consequences for the activities of the Agency, which is henceforth called upon, in close cooperation with the United Nations Special Coordinator in the Occupied Territories, the specialized agencies and the World Bank, to continue to contribute towards the development of economic and social stability in the occupied territory;
9. Notes also that the functioning of the Agency remains essential in all fields of operation;
10. Notes further the significant success of the peace implementation programme of the Agency during the first year following the signing of the Declaration of Principles;
11. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the current financial constraints and to support the Agency in maintaining the provision of the most basic and effective assistance to the Palestine refugees.
General Assembly resolution 49/35 E
9 December 1994 Meeting 83 162-2-3 (recorded vote)
Approved by Fourth Committee (A/49/619) by recorded vote (129-2-4), 30 November (meeting 28); 10-nation draft (A/C.4/49/L.17); agenda item 77.
Sponsors. Bangladesh, Djibouti, Egypt, Indonesia, Jordan, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 15-17, 25-28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Granada, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Monaco, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Japan, Micronesia, Russian Federation.
UNRWA financing
By the end of 1994, UNRWA's recorded financial balance for the year showed expenditures of $265.8 million on the Agency's regular programmes, against income from contributions of $298.2 million, leaving a book surplus of $32.4 million. Included in this surplus, however, were late contributions of $38.4 million for the 1993 regular programme, which resulted in a deficit of $6 million in expenditure over actual income in 1994. This shortfall reduced UNRWA's working capital from $22.6 million at the beginning of 1994 to $16.6 million at the end of the year.
Total 1994 expenditure for EMLOT, financed separately from activities under the regular budget, amounted to $13.4 million, against income of $7.9 million, leaving a deficit of $5.5 million which had to be funded out of working capital.
Capital and special projects were budgeted at $14.8 million for 1994; of that amount, $11.2 million in projects remained unfunded at the end of the year and hence were not implemented.
The UNRWA Commissioner-General, in his annual report,(1) stated that the Agency's regular programmes were increasingly threatened by structural deficits. Despite having frozen about $17 million in expenditure through austerity measures, UNRWA had ended 1993 with a deficit of some $10 million; in anticipation of a funding shortfall in 1994, it had carried forward austerity measures, despite their negative effect on the quality of services. Even so, UNRWA faced a funding shortfal1 of 521 million, required simply to meet its financial commitments. With reserves of only $22 million, there was considerable concern that, in the absence of substantial additional contributions, UNRWA's working capital would be virtually depleted by the end of the year. That shortfall did not take into account the cost of lifting the 1993 austerity measures or fully meeting the Agency's 1994 regular and emergency budgets, which had built-in modest increases to cover population growth and rising costs. To meet those targets as well, UNRWA would have to raise an additional $22 million, bringing the total projected deficit to $43 million. This portended an almost certain decline in the living conditions of Palestine refugees, with possible consequences for the peace process.
The General Fund budget Approved for 1994-1995 amounted to $568.7 million, of which $278.1 million represented the 1994 portion. In addition, the budget for funded ongoing activities (i.e. regular programmes financed by specific donor contributions) was $33.3 million for the biennium, of which $16.2 million was for 1994, and the budget for capital and special projects, carried out only as funding was received, amounted to $30.2 million for the biennium, of which $14.8 million was for 1994, for a total regular budget of 1632.3 million for the biennium, $309 million of which was for 1994.
Recognizing that funding for EMLOT was decreasing, the Agency incorporated EMLOT programmes into the 1994-1995 core budget to the extent possible. It continued to seek contributions of $65 million for EPA projects to improve infrastructure in refugee camps; by October 1993, $54 million had been contributed or pledged. Separate from the regular budget and emergency operations, UNRWA continued to seek funding for the Gaza hospital project, at a total cost of 535 million, and for PIP.
However, the Commissioner-General stated, no amount of streamlining, short of cancelling programmes, could generate enough funds to cover shortfalls in the regular budget anticipated for 1994 and beyond. Growing concern over the impending consequences of the Agency's inability fully to support its regular programmes due to the structural deficit, combined with the five-year time-frame provided by the Declaration of Principles during which final status issues would be negotiated, prompted the Agency to propose a new financial planning mechanism to its major donors in early June 1994. During the coming five years, it could reasonably be expected that the Palestinian Authority in the self-rule areas would gradually begin assuming full responsibility for UNRWA programmes and installations in education, health, and relief and social services. That process of hand-over and transfer would represent perhaps a major, albeit long-awaited, challenge in the Agency's history. In Jordan, Lebanon and the Syrian Arab Republic, UNRWA would continue to fulfil its commitments to Palestine refugees and make every effort to enhance their living conditions.
Working Group on UNRWA financing
The Working Group on the Financing of UNRWA held two meetings in 1994, on 7 September and 19 October. In its report to the General Assembly,(9) the Working Group noted that UNRWA ended the 1992-1993 biennium with a deficit of $17.1 million, which comprised an "official reported" deficit in income versus expenditure of $55.5 million. Taking into account some $38.4 million in 1993 contributions received in 1994, the adjusted deficit amounted to $17.1 million, including $16 million in the EMLOT account, which would have to be covered from the Agency's regular budget income if sufficient EMLOT, contributions were not received. The deficit had eroded UNRWA's working capital and emergency reserves, so that adjusted working capital had declined to $22.6 million at the end of the biennium. Of that amount, $6.5 million had been set aside as an emergency reserve and $1.8 million represented a reserve for the Gaza hospital project.
Financial prospects for 1994 were equally unfavourable, due to the fact that contributions failed to keep pace with growth in the number of beneficiaries of Agency programmes and the rising costs of maintaining those programmes at a satisfactory level. Even if expected contributions were received for UNRWA's regular programme budget, as well as for capital and special projects, a projected deficit of $43 million would remain in the regular and EMLOT, budgets. Of that amount, $21 million would be required to meet the regular monthly payroll for UNRWA’s nearly 20,000 employees. The remainder was required to restore freezes in hiring and other cuts imposed under the 1993 austerity measures, the continuation of which would have a negative cumulative impact on the level and quality of services, according to the Working Group, and could have a potentially destabilizing impact on the region at a critical time, the Commissioner-General said. In meetings with major donors and other government representatives, he appealed for help in finding ways to reduce the deficit and alleviate the structural deficit problem in the Agency's budget. In response, there were a number of generous additional contributions for the Agency's regular programmes during the year, although they fell short of the amounts required to address current requirements and projected future needs.
The Working Group noted that the past year had seen dramatic political developments in UNRWA's area of operations. With its long experience and extensive network of installations, the Agency stood ready, at the request of the Palestinian Authority and with the agreement of donors and host countries, to assist in seeing to it that the peace process was accompanied by positive changes in the Palestinians' social and economic conditions. PIP aimed to support the peace process by providing a mechanism for channelling donor funds and investments into projects to improve infrastructure and help stabilize socio-economic conditions. However, support for these projects and their continuing operation would have to be provided from UNRWA's regular budget as long as they remained part of its regular programme activities.
By 30 June 1994, UNRWA had identified $122 million of projects in the Gaza Strip and West Bank, and another $65 million in Jordan, Lebanon and the Syrian Arab Republic, under the first phase of PIP. Pledges of some $85 million and contributions of some $43 million were received for PIP projects in Gaza and the West Bank, and another $10 million had been received for projects in the other three areas. On 15 September, the Agency announced the second phase of PIP, which would include projects worth more than $250 million for the West Bank and Gaza Strip over the following two years.
The Working Group expressed concern that UNRWA had failed to receive sufficient funding to deliver all of its programmes in 1993 and expected to be unable to do so in 1994. It voiced particular concern about the negative cumulative effect of the austerity measures, but commended the Commissioner-General for his fund-raising efforts. Sharing his concern that UNRWA's core activities—education, health care and relief and social services—were increasingly threatened by chronic deficits, the Working Group urged Governments to continue contributing generously and to consider additional contributions in support of both emergency-related and special programmes, as well as current and future phases of PIP.
GENERAL ASSEMBLY ACTION
On 9 December, on the recommendation of the Fourth Committee, the General Assembly adopted resolution 49/35 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, 2791(XXVI) of 6 December 1971, 48/40 B of 10 December 1993 and the previous resolutions on this question,
Recalling also its decision 36/462 of 16 March 1982, by which 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,
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 1993 to 30 June 1994,
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 current 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 49/35 B
9 December 1994 Meeting 83 Adopted without vote
Approved by Fourth Committee (A/49/619) without vote, 30 November (meeting 28); 26-nation draft (A/C.4/49/L.14); agenda item 77.
Sponsors: Australia, Austria, Bangladesh, Belgium, Canada, Cyprus, Denmark, Finland, France, Germany, Greece, Indonesia, Ireland, Italy, Luxembourg, Malaysia, Netherlands, New Zealand, Norway, Philippines, Portugal, Spain, Sweden, Turkey, United Kingdom, United States.
Meeting numbers: GA 49th session: 4th Committee 15-17, 25-28; plenary 83.
Accounts for 1992-1993
Following examination of UNRWA’s financial report and audited financial statements for the biennium ended 31 December 1993, the Board of Auditors in 1994 submitted its findings and recommendations for corrective action.(10) It was UNRWA's first biennial financial report, after it had been decided, from 1 January 1992, to bring the Agency's financial reporting in line with the United Nations common system. The Board's examination revealed no weaknesses or errors with regard to accuracy, completeness or validity of the financial statements as a whole. Among its recommendations were: programme delivery should be further improved through comprehensive project planning; the Agency should establish clear policies on the use of programme equipment and on the ownership of property acquired through third-party contributions/donations; property management and accountability should be emphasized, as should personal accountability for Agency property; UNRWA headquarters should consult with field offices regarding procurement of equipment; and responsibilities of staff dealing with computer operations should be established to ensure data integrity.
Also included in UNRWA's financial report was information on follow-up action to the Board's recommendations regarding the financial period ended 31 December 1991.(11)
The General Assembly, by resolution 49/216 A, accepted the financial report and audited financial statements of UNRWA and the Board's audit opinions and report on them.
Other aspects
Displaced persons
The Secretary-General reported in September 1994(12) on compliance with a 1993 General Assembly resolution calling on Israel to accelerate steps for the return of all displaced inhabitants to their homes or former places of residence in the territories.(13) In a note of 27 July 1994, Israel stated that its position on the matter had been set forth in successive annual replies, the latest of which was included in a 1993 report of the Secretary-General.(14) In addition, Israel called attention to its view that the resolutions on UNRWA ignored the new political reality following the agreements between Israel and PLO, as well as the bilateral and multilateral negotiations. Israel considered it essential that the Assembly focus on issues directly related to UNRWA's humanitarian tasks and refrain from adopting resolutions on political issues.
The Secretary-General also included information from UNRWA on the return of refugees registered with it. Since the Agency was not involved in arrangements for refugees or displaced persons not registered with it, its information was based on requests by returning registered refugees for the transfer of their service entitlements to their areas of return. The Agency was unable to estimate the total number of displaced inhabitants who had returned, as it kept records only of registered refugees, which might be incomplete, particularly with respect to the location of such refugees. Displaced refugees known by UNRWA to have returned to the occupied territories since June 1967 numbered about 13,200. Its records indicated that, between 1 July 1993 and 30 June 1994, 376 registered refugees had returned to the West Bank and 79 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 either had accompanied on return or joined later.
GENERAL ASSEMBLY ACTION
On 9 December, the General Assembly, on the recommendation of the Fourth Committee, adopted resolution 49/35 C by recorded vote.
Persons displaced as a result of the June 1967
and subsequent hostilities
The General Assembly,
Recalling its resolutions 2252(ES-V) of 4 July 1967 2341 B (XXI) of 19 December 1967 and all subsequent related resolutions,
Recalling also Security Council resolutions 237(1967) of 14 June 1967 and 259(1968) of 27 September 1968,
Taking note of the report of the Secretary-General submitted in pursuance of its resolution 48/40 F of 10 December 1993,
Taking note also 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 1993 to 30 June 1994,
Concerned about the continued human suffering resulting from the June 1967 and subsequent hostilities,
Taking note of the relevant provisions of the Declaration of Principles on Interim Self-Government Arrangements, signed in Washington on 13 September 1993 by the Government of the State of Israel and the Palestine Liberation Organization, with regard to the modalities for the admission of persons displaced in 1967,
1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967;
2. Expresses the hope for an accelerated return of displaced persons through the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements;
3. Endorses, in the meanwhile, 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 persons in the area who are currently displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;
4. Strongly appeals to all Governments and to organizations and individuals to contribute generously to the Agency and to the other intergovernmental and non-governmental organizations concerned for the above purposes;
5. Requests the Secretary-General, after consulting with the Commissioner-General, to report to the General Assembly before its fiftieth session on the progress made with regard to the implementation of the present resolution.
General Assembly resolution 49/35 C
9 December 1994 Meeting 83 160-2-4 (recorded vote)
Approved by Fourth Committee (A/49/619) by recorded vote (130-2-3), 30 November (meeting 28); 11-nation draft (A/C.4/49/L.15); agenda item 77.
Sponsors: Bangladesh, Brunei Darussalam, Djibouti, Egypt, Indonesia, Jordan, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 15-17, 25-28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentine, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Japan, Marshall Islands, Micronesia, Samoa.
Education and training services
Scholarships
The Secretary-General reported in September 1994(15) on responses to the General Assembly's 1993 appeal(16) to States and organizations to augment special allocations for scholarships and grants to Palestine refugees, for which UNRWA acted as recipient and trustee.
In the 1993/94 academic year, Japan offered 11 vocational fellowships for study in that country to Palestine refugees in UNRWA's employ. Under the UNRWA university scholarship programme for secondary school graduates, 143 Palestine refugee students received scholarships funded by Japan's contribution of $1 million in 1989, to be spread over five years. An additional 138 Palestinian students participated in the programme in 1993/94 under another five-year grant of $400,000 made by Japan in 1992, and 185 Palestinians were awarded scholarships made possible by a contribution from Switzerland of $209,790 in 1993.
During the 1993/94 academic year, UNESCO awarded 28 scholarships to Palestinians under its regional project for higher education for students of occupied Arab territories, 17 from its regular programme and budget and 3 under its Participation Programme. One Palestinian was awarded in 1993 an international fellowship under a 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 the various health disciplines. WIPO offered scholarships for UNRWA staff members for 1994 and 1995, and, under continuing cooperation between the Agency and the United World Colleges, two scholarships were offered in the 1993/94 academic year by Pearson College in Canada and Armand Hammer College in the United States, while in 1994 three were offered by those two Colleges and the United World College of the Adriatic in Italy.
GENERAL ASSEMBLY ACTION
On 9 December, on the recommendation of the Fourth Committee, the General Assembly adopted resolution 49/35 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, 46/46 D of 9 December 1991, 47/69 D of 14 December 1992 and 48/40 D of 10 December 1993,
Cognizant of the fact that the Palestine refugees have for the last four decades, lost their homes, lands and means of livelihood,
Having considered the report of the Secretary-General,
Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 1993 to 30 June 1994,
1. Urges all States to respond to the appeal 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, 45/73 D, 46/46 D, 47/69 D and 48/40 D;
4. Invites the relevant specialized agencies and other organizations of the United Nations system to continue within their respective spheres of competence, to extend assistance for higher education to Palestine refugee students;
5. Appeals to all States, specialized agencies and the United Nations University to contribute generously to the Palestinian universities in the Palestinian territory occupied by Israel since 1967, including, in due course, the proposed University of Jerusalem "Al-Quds" for Palestine refugees;
6. Appeals also 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 fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/35 D
9 December 1994 Meeting 83 165-0-1 (recorded vote)
Approved by Fourth Committee (A/49/619) by recorded vote (135-0-1), 30 November (meeting 28); 13-nation draft (A/C.4/49/L.16); agenda item 77.
Sponsors. Bangladesh, Brazil, Brunei Darussalam, Djibouti, Egypt, India, Indonesia, Jordan, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 15-17, 25-28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guinea, 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, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, Mongolia, Morocco, Mozambique, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: None.
Abstaining: Israel.
Proposed University of Jerusalem 'Al-Quds"
In keeping with a General Assembly request of 1993,(17) the Secretary-General reported in October 1994(18) on the establishment of a university for Palestine refugees in Jerusalem. The proposed university, first considered by the Assembly in 1980,(19) had since been the subject of annual Assembly resolutions and 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 Rector of the United Nations University made available the services of a highly qualified expert, Mihaly Simai, who would visit the area and meet with the competent Israeli officials. By a note verbale of 10 August, the Secretary-General requested Israel to facilitate the expert's visit at a mutually convenient date. Recalling the position of Israel on the proposed university, as well as the Secretariat's clarifications to questions it had raised, the Secretary-General expressed the opinion that those questions could best be discussed during the proposed visit.
Israel replied on 23 August that its position remained unchanged, and recalled its note of 27 July underscoring its consistent vote against Assembly resolutions which, in its view, ignored the new political reality and the bilateral and multilateral negotiations. Israel considered it essential that the Assembly focus its UNRWA resolutions on issues directly related to the Agency's humanitarian tasks and refrain from adopting resolutions related to political issues irrelevant to UNRWA's work. The sponsors of the resolution on the proposed university sought to exploit higher education in order to politicize issues extraneous to genuine academic pursuits. In Israel's opinion, 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 9 December, on the Fourth Committee's recommendation, the General Assembly adopted resolution 49/35 G 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, 46/46 J of 9 December 1991, 47/69 J of 14 December 1992 and 48/40 I of 10 December 1993,
Having considered the report of the Secretary-General,
Having 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 1993 to 30 June 1994,
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 its 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 "Al-Quds";
4. Also requests the Secretary-General to report to the General Assembly at its fiftieth session on the progress made in the implementation of the present resolution.
General Assembly resolution 49/35 G
9 December 1994 Meeting 83 161-2-2 (recorded vote)
Approved by Fourth Committee (A/49/619) by recorded vote (129-2-2), 30 November (meeting 28); 11-nation draft (A/C.4/49/L.19); agenda item 71.
Sponsors: Bangladesh, Brunei Darussalam, Djibouti, Egypt, Indonesia, Jordan, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th Committee 15-17, 25-28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua anc Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, El Salvador Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Greece Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Monaco, 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, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia, Senegal Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Japan, Russian Federation.
Property rights
Report of the Secretary-General. In response to a 1993 General Assembly resolution,(20) the Secretary-General, in October 1994,(21) reported on the status of steps taken to protect and administer Arab property, assets and property rights in Israel and to establish a fund for income derived therefrom, on behalf of the rightful owners. The Secretary-General indicated that he had transmitted the resolution to Israel and all other Member States for their comments.
In its reply of 27 July, reproduced in the report, Israel stated its view that the resolutions on UNRWA ignored the new political reality and that the Assembly should focus on the issues directly related to the Agency's humanitarian tasks and refrain from adopting resolutions related to political issues.
The Secretary-General added that, by a note verbale of 15 September, Norway had indicated that it was not in possession of any information relevant to the property issue.
Report of the Conciliation Commission. The United Nations Conciliation Commission for Palestine, in its report covering the period from 1 September 1993 to 31 AUGUST 1994,(22) stated that it had nothing new to report since the submission of its October 1993 report.(23)
GENERAL ASSEMBLY ACTION
On 9 December 1994, on the recommendation of the Fourth Committee, the General Assembly adopted resolution 49/35 F by recorded vote.
Revenues derived from Palestine refugees' properties
The General Assembly,
Recalling its resolutions 194(III) of 11 December 1948, 36/146 C of 16 December 1981 and all its subsequent resolutions on the question,
Taking note of the report of the Secretary-General in pursuance of resolution 48/40 G of 10 December 1993,
Taking note also of the report of the United Nations Conciliation Commission for Palestine, covering the period from 1 September 1993 to 31 August 1994,
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 Conciliation Commission, 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 Conciliation Commission 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 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. Requests the Secretary-General to report to the General Assembly at its fiftieth session on the implementation of the present resolution.
General Assembly resolution 49/35 F
9 December 1994 Meeting 83 113-2-51 (recorded vote)
Approved by Fourth committee (A/49/619) by recorded vote (91-2-40); 30 November (meeting 28); 11-nation draft (A/C.4/49/L.18); agenda item 77.
Sponsors: Bangladesh, Brunei Darussalam, Djibouti, Egypt, Indonesia, Jordan, Malaysia, Sudan, Tunisia, United Arab Emirates, Yemen.
Meeting numbers. GA 49th session: 4th committee 15-17, 25-28; plenary 83.
Recorded vote in Assembly as follows:
In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Ecuador, Egypt, El Salvador, Fiji, France, Gabon, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq, Ireland, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama Paraguay, Peru, Philippines, Qatar, Republic of Korea, Saint Kitts and Nevis Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Sierra Leone, Singapore, South Africa, Spain, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
Against: Israel, United States.
Abstaining: Albania, Angola, Argentina, Armenia, Australia, Austria, Belarus, Belgium, Bulgaria, Canada, Croatia, Czech Republic Denmark, Dominica, Estonia, Ethiopia, Finland, Georgia, Germany, Hungary, Iceland, Italy, Japan, Kazakhstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Marshall Islands, Micronesia, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, Republic of Moldova, Romania, Russian Federation, Samoa, Slovakia, Slovenia, Solomon Islands, Swaziland, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Turkey, Ukraine, United Kingdom, Uzbekistan.
Refugee protection
The Secretary-General reported in September 1994(4) on implementation of a 1993 General Assembly resolution(24) holding Israel responsible for the security of the Palestine refugees in the occupied territory, including Jerusalem, and calling on it to compensate UNRWA for the damage to its property and facilities resulting from Israel's 1982 invasion of Lebanon and its policies and practices in the occupied territory.
The report reproduced Israel's note verbale of 27 July 1994 in response to the Secretary-General's request for information on steps taken or envisaged to comply with the resolution. Israel reiterated its view that the resolutions on UNRWA ignored the new political reality. It believed that the Agency could play an important role in promoting the social and economic advancement foreseen in the agreements between Israel and PLO and accordingly looked forward to continuing its cooperation and good working relationship with UNRWA. In light of this, Israel considered it essential that the Assembly focus its UNRWA resolutions on issues directly related to the Agency's humanitarian tasks and refrain from resolutions irrelevant to its work. To that end, Israel regarded it advisable to consolidate the UNRWA resolutions into one, which would also be compatible with the necessity to rationalize the Assembly's work.
The Secretary-General went on to cite the UNRWA Commissioner-General's resort for the period 1 July 1993 to 30 June 1994,(1) to the effect that the Commissioner-General had continued his efforts in support of the Palestine refugees' safety and legal and human rights, as called for in the 1993 Assembly resolution. UNRWA refugee affairs and legal officers continued to play an important role in defusing tension and preventing maltreatment of refugees and in helping refugees to cope with day-to-day problems of life under occupation. The Commissioner-General had protested to Israel against excessive use of force and collective punishments as a failure on Israel's part to uphold standards under international humanitarian law. With the redeployment of Israeli security forces from large areas of the Gaza Strip and from the Jericho area, and the consequent decline in violent incidents, UNRWA had discontinued the passive protection function of the refugee affairs officers in those areas.
Protection of Palestinian
students and educational institutions
In a September 1994 report,(25) the Secretary-General reproduced Israel's reply of 27 July to his note of the same day referring to a 1993 General Assembly resolution(7) condemning Israel's repeated raids on UNRWA premises and installations, calling on it to refrain from them and deploring Israeli policies and practices which had led to prolonged closure of educational and vocational institutions, a large number of which were operated by UNRWA.
Israel reiterated its position that the resolutions on UNRWA ignored the new political reality and that the Assembly should focus its resolutions on issues directly related to the Agency's humanitarian tasks and refrain from adopting resolutions on political issues.
The Secretary-General also quoted the UNRWA Commissioner-General to the effect that of 63 cases of unauthorized entry into UNRWA premises in the West Bank during the period 1 July 1993 to 30 June 1994, 45 related to schools; of 113 such cases in Gaza, 56 related to schools. During the same period, 63 cases of injury among students and trainees occurred at UNRWA educational institutions in the West Bank and 1,375 injuries at institutions in the Gaza Strip, all of which were attributable to beatings, tear-gas inhalation, rubber bullets and live ammunition. In addition, 44 students and trainees in the West Bank and 25 in the Gaza Strip were detained, of whom 21 and 19, respectively, had been released by 30 June 1994.
During the 1993/94 academic year, an average of 24 per cent of training time was lost owing to general strikes, curfews and military closure orders. The Gaza training centre lost 10 per cent of days as a result of closure orders and 26 per cent owing to general strikes and curfews. Of the 333 students from Gaza attending the three training centres in the West Bank, 51 did not receive permits to study there. Between September 1993 and June 1994, 9 per cent of school days were lost in the West Bank, owing primarily to military closures, general strikes and curfews. Alternative places were used for teaching classes from schools closed by military order. The Agency provided students in the territories with distance education and self-learning materials, but such measures could only partially compensate for lost classroom time, which had a detrimental effect on educational performance.
GENERAL ASSEMBLY ACTION
In resolution 49/35 E, the General Assembly called on Israel to abide by provisions of the United Nations Charter and of the Convention on the Privileges and Immunities of the United Nations with regard to the protection of the Agency's institutions and the safeguarding of the security of its facilities in the occupied territories.
Removal and resettlement of refugees
In a September 1994 report,(26) the Secretary-General reproduced Israel's reply of 27 July to his note verbale of the same date referring to a 1993 General Assembly resolution(5) 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 reiterated Israel's position that the resolutions on UNRWA ignored the new political reality and that the Assembly should focus on the issues directly related to the Agency's humanitarian tasks and refrain from adopting resolutions related to political issues.
The Secretary-General reported that, according to information from UNRWA, Israeli authorities continued to demolish and seal refugee shelters in the West Bank and Gaza on punitive grounds. As at 30 June 1994, of the 87 refugee families affected by the 1971 demolition of shelters in Gaza,(27) 12 continued to live in conditions of hardship and 19 remained in unsatisfactory housing. Despite assurances by Israel that they would be rehoused, no progress had been made.
The situation of the families living on the northern perimeter of Jabalia camp,(28) who had been told in 1989 to remove some of their shelter extensions, remained the same: no demolitions had taken place, but the shelters remained isolated by the bulldozing of sand around them. Of the 35 families whose shelters on the perimeter of Beach camp were demolished in 1983,(29) 18 had been allocated plots of land at the Sheikh Radwan and Beit Lahiya housing projects, one was housed in a vacant shelter at Beach camp, and the other 16 remained in the same situation as previously reported-in temporary shelters near the camp site. Of the families who had agreed, at the request of the Israeli authorities, to relocate to the Israeli-sponsored Tel-es-Sultan housing project,(30) 10 remained living at Rafah camp, in shelters isolated by sand ramparts. During the reporting period, no additional families from Canada camp in Egypt had returned to Gaza to accommodations at Tel-es-Sultan.
Israel had to date allocated approximately 3,914 plots of land in the Gaza Strip for housing projects. A total of 2,605 plots had been built on by 3,714 refugee families comprising 22,946 persons; buildings on 236 plots were under construction, while 936 plots were still vacant and 137 had been built on by non-refugee families. In addition, 3,034 refugee families, consisting of 18,832 persons, had moved into 2,666 completed housing units consisting of 5,893 rooms.
As to the Assembly's request that he address the acute situation of the refugees, the Commissioner-General advised that UNRWA, in addition to extending 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 conditions 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 for 40 years, he said, all families registered with UNRWA were in possession of Agency-issued registration cards indicating the number of family members and their eligibility for services. The Commissioner-General did not have the means to issue identity cards as such, but would keep the matter under review to see whether appropriate documentation regarding the registration status of individual members of refugee families could be issued.
REFERENCES
(1)A/49/13. (2)YUN 1946-47, p. 100, GA res. 22 A(I), annex, 13 Feb. 1946. (3)YUN 1993, p. 569. (4)A/49/442.(5)YUN 1993, p. 584, GA res. 48/40 E, 10 Dec. 1993. (6)Ibid., p. 583, GA res. 48/40 H, 10 Dec. 1993. (7)Ibid., p. 578, GA res. 48/40 J, 10 Dec 1993. (8)A/49/440, A/49/442, A/49/443. (9)A/49/570. (10)A/49/5/Add.3. (ll)YUN 1992, p. 444. (12)A/49/441. (13)YUN 1993, p. 577, GA res. 48/40 F, 10 Dec. 1993. (14)Ibid., p. 577. (15)A/49/439. (16)YUN 1993, p. 580, GA res. 48/40 D, 10 Dec. 1993. (17)Ibid., p. 579, GA res. 48/40 I, 10 Dec. 1993. (18)A/49/505. (19)YUN 1980, p. 443, GA res. 35/13 B, 3 Nov. 1980. (20)YUN 1993, p. 581, GA res. 48/40 G, 10 Dec. 1993. (21)A/491488. (22)A/49/509. (23)YUN 1993, p. 581. (24)Ibid., p. 583, GA res. 48/40 H, 10 Dec. 1993. (25)A/49/443. (26)A/49/440. (27)YUN 1971, p. 198. (28)YUN 1985, p. 366. (29)YUN 1983, p. 358. (30)YUN 1986, p. 351.
Document Type: Yearbook
Document Sources: United Nations Department of Public Information (DPI)
Subject: Hebron, History, Human rights and international humanitarian law, Jerusalem, Palestine question, Refugees and displaced persons
Publication Date: 31/12/1994