DPR Monthly Bulletin – Vol. XIX, No.10 – CEIRPP, DPR bulletin (December 1996) – DPR publication

Volume XIX, Bulletin No. 10

Contents

I. GENERAL ASSEMBLY ADOPTS FOUR RESOLUTIONS ON THE QUESTION OF PALESTINE

The General Assembly considered item 35, entitled "Question of Palestine", at three plenary meetings held on 29 November, 2 December and 4 December 1996. For excerpts from the two reports under the item, contained in documents A/51/35 and A/51/678-S/1996/953, as well as the text of two statements introducing the debate on the item, see the November 1996 issue of this bulletin; for the verbatim records of the plenary consideration of the item, see A/51/PV.68, 69 and 72.

The statement by Ambassador Ibra Deguène Ka, Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, introducing draft resolutions A/51/L.33 – L.36 is reproduced below, based on the translated verbatim record contained in document A/51/PV.72.

The four resolutions adopted by the General Assembly on 4 December 1996 under the item are also reproduced below, with an indication of the vote. Voting details will be given in a document to be issued by the Division for Palestinian Rights with the symbol A/AC.183/L.2/Add.17.

(Interpretation from the French):

On behalf of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I have the honour to introduce four draft resolutions, A/51/L.33, A/51/L.34, A/51/L.35 and A/51/L.36, on the question of Palestine. These draft resolutions have been drawn up in the light of developments in the peace process. At the outset, allow me to announce that Cuba, Guinea, Malaysia and Qatar have joined as sponsors of the four draft resolutions.

. . .

The four draft resolutions that I have just introduced were formulated to contribute to the peace process and to promote every concrete effort aimed at a comprehensive, just and lasting solution to the question of Palestine.

Convinced that it is now necessary not only to maintain, but also to strengthen our solidarity with the Palestinian people, on behalf of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I invite all delegations present to reaffirm their support for that objective and to adopt a constructive approach by voting in favour of the draft resolutions before the General Assembly.

Resolutions on the question of Palestine

51/23. 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, 48/158 A of 20 December 1993, 49/62 A of 14 December 1994 and 50/84 A of 15 December 1995,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, 1/

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, D.C., on 13 September 1993, 2/ as well as the subsequent implementation agreements, in particular the Agreement on the Gaza Strip and the Jericho Area, signed at Cairo on 4 May 1994, 3/ and the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington, D.C., on 28 September 1995,

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

3. Endorses the recommendations of the Committee contained in chapter VII of its report;Arrangements and to mobilize international support for and assistance to the Palestinian people during the transitional period;

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 fifty-second session and thereafter;

6. 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 General Assembly 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.

Adopted on 4 December 1996

by 104 votes to 2,

with 46 abstentions.

________________

1/ A/51/35.

2/ A/48/486-S/26560, annex.

3/ A/49/180-S/1994/727, annex.

51/24. 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, 1/

Taking note in particular of the relevant information contained in chapter V.B 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 of 11 December 1992, 48/158 B of 20 December 1993, 49/62 B of 14 December 1994 and 50/84 B of 15 December 1995,

1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution 50/84 B;

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 for the further development of the United Nations Information System on the Question of Palestine, 2/ 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, paragraph 2 of resolution 48/158 B, paragraph 3 of resolution 49/62 B and paragraph 3 of resolution 50/84 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 continued 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, 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.

Adopted on 4 December 1996

by 107 votes to 2,

with 46 abstentions

_________

51/25. Special information programme on the question of Palestine of the 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, 1/

Taking note in particular of the information contained in chapter VI of that report,

Recalling its resolution 50/84 C of 15 December 1995,

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, D.C., on 13 September 1993, 2/ and of the subsequent implementation agreements, in particular the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in Washington on 28 September 1995, and their positive implications,

1. Notes that several defined provisions of the special information programme on the question of Palestine of the Department of Public Information of the Secretariat are yet to be implemented, and stresses the importance of implementation of all provisions of the programme;

2. Considers that the special information programme is very useful in raising the awareness of the international community concerning the complexities of the question of Palestine and the situation in the Middle East in general, including the achievements of the peace process, and that the programme is contributing 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 for the biennium 1996-1997, 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 on 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 territories under the jurisdiction of the Palestinian Authority and the occupied territories;

(e) To organize international, regional and national encounters for journalists;

(f) To provide, in cooperation with the relevant bodies and 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, including training for Palestinian broadcasters and journalists.

Adopted on 4 December 1996

by 157 votes to 2,

with 3 abstentions

________

51/26. Peaceful settlement of the question of Palestine

The General Assembly,

Recalling its relevant resolutions,

Recalling also the 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 1/ submitted pursuant to the request made in its resolution 50/84 D of 15 December 1995,

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 again 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 2/ in Washington, D.C., on 13 September 1993, as well as the subsequent implementation agreements, including the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in Washington, D.C., on 28 September 1995,

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, as well as the beginning of the redeployment of the Israeli army in the rest of the West Bank,

Noting also with satisfaction the successful holding of the first Palestinian general elections,

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 establishment of the Office of the United Nations Special Coordinator in the Occupied Territories and its positive contribution,

Welcoming the convening of the Conference to Support Middle East Peace in Washington, D.C., on 1 October 1993, and all follow-up meetings,

Concerned over the serious difficulties facing the Middle East peace process and the deterioration of the socio-economic conditions of the Palestinian people as a result of the Israeli positions and measures,

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 of 1993, as well as the subsequent implementation agreements, including the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 1995, and expresses the hope that the process will lead to the establishment of a comprehensive, just and lasting peace in the Middle East;

3. Stresses the necessity for the immediate and scrupulous implementation of the agreements reached between the parties and the commencement of the negotiations on the final settlement;

4. Calls upon the concerned parties, the co-sponsors of the peace process and the entire international community to exert all the necessary efforts to ensure the success of the peace process;

5. 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;

6. Also stresses the need for resolving the problem of the Palestine refugees in conformity with its resolution 194 (III) of 11 December 1948;

7. Urges Member States to expedite the provision of economic and technical assistance to the Palestinian people during this critical period;

8. 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;

9. 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.

Adopted on 4 December 1996

by 152 votes to 2,

with 4 abstentions

_________

II. GENERAL ASSEMBLY ADOPTS THREE RESOLUTIONS ON THE SITUATION IN THE MIDDLE EAST

The General Assembly considered agenda item 33, entitled "The situation in the Middle East", at three plenary meetings held on 3 and 4 December 1996. Under the item, the Secretary-General issued two brief reports on the implementation of the previous session's resolutions on Jerusalem and the Syrian Galen (A/51/543), containing information received from Member States, and on the peace effort (A/51/678-S/1996/953), containing replies from the Security Council and parties concerned as well as his observations. For excerpts from the latter document, see the November 1996 issue of this bulletin; for the verbatim record of the meetings, see documents A/51/PV.70, 71 and 72.

On 4 December 1996, the General Assembly adopted three resolutions, reproduced below with an indication of the vote. Voting details will be given in a document to be issued by the Division for Palestinian Rights with the symbol A/AC.183/L.2/Add.17.

51/27. 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, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994 and 50/22 A of 4 December 1995, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have 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 which had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City,

Having considered the report of the Secretary-General, 1/

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 more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

4. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the implementation of the present resolution.

Adopted on 4 December 1996

by 148 votes to 1,

with 13 abstentions

_________

51/28. 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, 1/

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, 2/ 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 on 30 October 1991 of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the principle of land for peace,

Expressing deep concern about the stumbling of the peace process on the Syrian and Lebanese tracks, and hoping that talks for ensuring a just and comprehensive peace in the region will soon be resumed, from the point that has been reached,

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 1981 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 is determination that all relevant provisions of the Regulations annexed to the Hague Convention of 1907, 3/ 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. Calls for the resumption of the talks on the Syrian and Lebanese tracks and for the respect for the commitments and guarantees reached during the previous talks;

6. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line of 4 June 1967 in implementation of the relevant Security Council resolutions;

7. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the implementation of the present resolution.

Adopted on 4 December 1996

by 84 votes to 2,

with 71 abstentions

_________

51/29. The Middle East peace process

The General Assembly,

Recalling its resolution 50/21 of 14 December 1995,

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 1/ signed by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, in Washington, D.C., on 13 September 1993 and the subsequent Agreement on the Gaza Strip and the Jericho Area 2/ signed by the Government of the State of Israel and the Palestine Liberation Organization at Cairo on 4 May 1994, their 29 August 1994 Agreement on the Preparatory Transfer of Powers and Responsibilities, the Protocol of Further Transfer of Powers and Responsibilities signed by the Government of Israel and the Palestine Liberation Organization at Cairo on 27 August 1995 and the Interim Agreement on the West Bank and Gaza Strip, signed by the Government of Israel and the Palestine Liberation Organization in Washington, D.C., on 28 September 1995,

Also bearing in mind the Agreement between Israel and Jordan on the Common Agenda, signed in Washington, D.C., on 14 September 1993, the Washington Declaration 3/ signed by Jordan and Israel on 25 July 1994, and the Treaty of Peace between the State of Israel and the Hashemite Kingdom of Jordan 4/ of 26 October 1994,

Welcoming the Declaration of the Middle East/North Africa Economic Summit 5/ held at Casablanca from 30 October to 1 November 1994, the Declaration of the Middle East/North Africa Economic Summit held at Amman from 29 to 31 October 1995 and the Middle East/North African Economic Conference held at Cairo from 12 to 14 November 1996,

Welcoming also the declared commitment of the parties concerned to overcome remaining difficulties and proceed with negotiations,

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 all the achievements of the peace process thus far, which constitute important steps in achieving a comprehensive, just and lasting peace in the Middle East;

4. Urges all parties to fulfil their obligations and to implement the agreements already reached;

5. Calls for the immediate acceleration of negotiations within the Middle East peace process on its agreed basis;

6. Stresses the need to achieve rapid progress on all tracks of the Arab-Israeli negotiations within the peace process;

7. Welcomes the results of the Conference to Support Middle East Peace, convened in Washington, D.C., on 1 October 1993, including the establishment of the Ad 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;

8. 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;

9. 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;

10. Encourages regional development and cooperation in areas where work has begun within the framework of the Madrid Conference.

Adopted on 4 December 1996

by 159 votes to 3,

with 2 abstentions

_________

III. GENERAL ASSEMBLY ADOPTS SEVEN RESOLUTIONS ON THE UNITED NATIONS RELIEF AND

WORKS AGENCY FOR PALESTINE REFUGEES IN THE NEAR EAST (UNRWA)

On 13 December 1996, the General Assembly considered the report of the Special Political and Decolonization Committee (Fourth Committee) on agenda item 84, entitled "United Nations Relief and Works Agency for Palestine Refugees in the Near East" (A/51/591). For the verbatim record of the plenary consideration of the item, see document A/51/PV.83; for a description of the reports submitted under the item, see the September/October 1996 issue of this bulletin.

The seven resolutions adopted by the General Assembly under the item, on the recommendation of the Fourth Committee, are reproduced below with an indication of the vote, where appropriate. Voting details will be given in a document to be issued by the Division for Palestinian Rights with the symbol A/AC.183/L.2/Add.17.

51/124. Assistance to Palestine refugees

The General Assembly,

Recalling its resolution 50/28 A of 6 December 1995 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 for the period from 1 July 1995 to 30 June 1996, 1/

Welcoming the signature in Washington on 13 September 1993 by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the people of Palestine, of the Declaration of Principles on Interim Self-Government Arrangements 2/ and the subsequent implementation agreements, and also the signature of the Interim Agreement on the West Bank and the Gaza Strip in Washington on 28 September 1995,

Encouraging the Multilateral Working Group on Refugees of the Middle East peace process to continue its important work,

Welcoming the completion of the transfer of the headquarters on the United Nations Relief and Works Agency for Palestine Refugees in the Near East to its area of operations,

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. Notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194 (III), 3/ and requests the Commission to exert continued efforts towards the implementation of that paragraph and to report to the Assembly as appropriate, but not later than 1 September 1997;

4. Notes the significant success of the Peace Implementation Programme of the Agency since the signing of the Declaration of Principles on Interim Self-Government Arrangements, and stresses the importance that contributions to this programme are not at the expense of the General Fund;

5. Welcomes strengthened cooperation between the Agency and the World Bank and other specialized agencies, and calls upon the Agency to make a decisive contribution towards giving a fresh impetus to the economic and social stability of the occupied territories;

6. Urges all Member States to extend and expedite aid and assistance with a view to the economic and social development of the Palestinian people and the occupied territories;

7. Reiterates its concern regarding the continuing seriousness of the financial position of the Agency, as outlined in the report of the Commissioner-General;

8. Commends the efforts of the Commissioner-General to move towards budgetary transparency and internal efficiency, and hopes that such moves will continue;

9. Notes with profound concern that the structural deficit problem confronting the Agency portends an almost certain decline in the living conditions of the Palestine refugees and that it, therefore, has possible consequences for the peace process;

10. 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, urges non-contributing Governments to contribute regularly, and encourages contributing Governments to consider increasing their regular contributions.

Adopted on 13 December 1996

by 159 votes to 1,

with 2 abstentions

_________

51/125. 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, 50/28 B of 6 December 1995 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, 1/

Having considered the report of the Working Group, 2/

Taking into account the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for the period from 1 July 1995 to 30 June 1996, 3/

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.

Adopted without a vote.

__________

51/126. 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 50/28 C of 6 December 1995, 1/

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 for the period from 1 July 1995 to 30 June 1996, 2/

Concerned about the continuing 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, 3/ with regard to the modalities for the admission of persons displaced in 1967, and concerned that the process agreed upon has not yet been effected,

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 fifty-second session on the progress made with regard to the implementation of the present resolution.

Adopted on 13 December 1996

by 157 votes to 2,

with 1 abstention

________

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 3 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, 48/40 D of 10 December 1993, 49/35 D of 9 December 1994 and 50/28 D of 6 December 1995,

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, 1/

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for the period from 1 July 1995 to 30 June 1996, 2/

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, 48/40 D, 49/35 D and 50/28 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 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 fifty-second session on the implementation of the present resolution.

Adopted on 13 December 1996

by 163 votes to none,

with 1 abstention

_________

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 for the period from 1 July 1995 to 30 June 1996, 1/

Taking note of the letter dated 22 September 1996 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, 2/

Having considered the reports of the Secretary-General submitted in pursuance of its resolutions 48/40 E, 3/ 48/40 H 4/ and 48/40 J 5/ of 10 December 1993 and 49/35 C of 9 December 1994, 6/

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, 7/

Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 8/ 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,

Further aware of the valuable work done by the refugee affairs officers of the Agency in providing protection to the Palestinian people, in particular Palestine 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 work of the new peace implementation programme 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, 9/ and the subsequent implementation agreements, including the Interim Agreement on the West Bank and the Gaza Strip signed in Washington on 28 September 1995,

Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization, 10/

Aware of the establishment of a working relationship between the Advisory Commission of the Agency and the Palestine Liberation Organization in accordance with General Assembly decision 48/417 of 10 December 1993,

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. Also expresses its appreciation 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 of its activities, including the full implementation of decision 48/417;

3. Welcomes the completion of the transfer of the headquarters of the Agency to Gaza and the signing of the Headquarters Agreement between the Agency and the Palestinian Authority;

4. Acknowledges the support of the host Government and the Palestine Liberation Organization for the Agency in the discharge of its duties;

5. 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;

6. 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;

7. 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;

8. Requests the Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the occupied Palestinian territory;

9. 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;

10. Notes also that the functioning of the Agency remains essential in all fields of operation;

11. Notes further the significant success of the Peace Implementation Programme of the Agency;

12. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease current financial constraints and to support the Agency in maintaining the provision of the most basic and effective assistance to the Palestine refugees.

Adopted on 13 December 1996

by 159 votes to 2,

with 2 abstentions

____________

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 50/28 F of 6 December 1995, 1/

Taking note also of the report of the United Nations Conciliation Commission for Palestine for the period from 1 September 1995 to 31 August 1996, 2/

Recalling that the Universal Declaration of Human Rights 3/ and the principles of international law uphold the principle that no one shall be arbitrarily deprived of his or her property,

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, 4/ 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,

Recalling that in the framework of the Middle East peace process the Palestine Liberation Organization and the Government of Israel agreed, in the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993, 5/ to commence negotiations on permanent status issues, including the important issue of the refugees, and calling for the commencement of those negotiations,

1. Reaffirms 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;

2. 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 preserve and modernize the existing records;

3. Calls once more upon Israel to render all facilities and assistance to the Secretary-General in the implementation of the present resolution;

4. Calls upon all the parties concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel that would assist the Secretary-General in the implementation of the present resolution;

5. Urges the Palestinian and Israeli sides, as agreed between them, to deal with the important issue of Palestine refugees' properties and their revenues in the framework of the final status negotiations of the Middle East peace process;

6. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the implementation of the present resolution.

Adopted on 13 December 1996

by 152 votes to 2,

with 6 abstentions

_____________

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, 48/40 I of 10 December 1993, 49/45 G of 9 December 1994 and 50/28 G of 6 December 1995,

Having considered the report of the Secretary-General, 1/

Having also considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for the period from 1 July 1995 to 30 June 1996, 2/

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 General Assembly resolution 35/13 B of 3 November 1980, giving due consideration to the recommendations consistent with the provisions of that resolution;

3. Calls once more upon Israel, the occupying Power, to cooperate in the implementation of the present resolution and to remove the hindrances that it has put in the way of establishing the University of Jerusalem "Al-Quds";

4. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the progress made in the implementation of the present resolution.

Adopted on 13 December 1996

by 159 votes to 3,

with 1 abstention

___________

IV. GENERAL ASSEMBLY ADOPTS FIVE RESOLUTIONS ON THE REPORT OF THE SPECIAL COMMITTEE

TO INVESTIGATE ISRAELI PRACTICES AFFECTING THE HUMAN RIGHTS OF THE PALESTINIAN PEOPLE

AND OTHER ARABS OF THE OCCUPIED TERRITORIES

On 13 December 1996, the General Assembly considered the report of the Special Political and Decolonization Committee (Fourth Committee) on agenda item 85, 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" (A/51/592). For the verbatim record of the plenary consideration of the item, see document A/51/PV.83; for a description of the reports submitted under the item, see the November 1996 issue of this bulletin.

The five resolutions adopted by the General Assembly under the item, on the recommendation of the Fourth Committee, are reproduced below with an indication of the vote. Voting details will be given in a document to be issued by the Division for Palestinian Rights with the symbol A/AC.183/L.2/Add.17.

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, 1/ as well as international standards of human rights, in particular the Universal Declaration of Human Rights 2/ and the International Covenants on Human Rights, 3/

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 lasting impact 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 4/ and the relevant reports of the Secretary-General, 5/

Noting the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and the Palestine Liberation Organization in Washington on 13 September 1993, 6/ as well as the subsequent implementation agreements, including the Interim Agreement on the West Bank and the Gaga Strip signed in Washington on 28 September 1995,

Expressing the hope that, with the progress of the peace process, the Israeli occupation will be brought to an end and therefore violation of the human rights of the Palestinian people will cease,

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 concern over the recent deterioration of the situation in the occupied Palestinian territory, including Jerusalem, as a result of Israeli practices and measures and the impasse facing the Middle East peace process;

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, especially Israeli lack of compliance with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and 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, including Jerusalem;

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 that are no longer available;

(e) To report to the General Assembly at its fifty-second session on the tasks entrusted to him in the present resolution;

9. Decides to include in the provisional agenda of its fifty-second 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".

Adopted on 13 December 1996

by 79 votes to 2,

with 76 abstentions

__________

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 1/ and the relevant reports of the Secretary-General, 2/

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, 3/ 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 1 common to the four Geneva Conventions, 4/ 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 fifty-second session on the implementation of the present resolution.

Adopted on 13 December 1996

by 156 votes to 2,

with 3 abstentions

_________

The General Assembly,

Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force,

Recalling its relevant resolutions, as well as relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 1/ to the occupied Palestinian territory, including Jerusalem, and to the occupied Syrian Golan,

Welcoming the Middle East peace process started at Madrid and the agreements reached between the parties, in particular the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 2/ and the Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995,

Expressing grave concern over the decision of the Government of Israel to resume settlement activities in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties,

Gravely 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,

Taking note of the report of the Secretary-General, 3/

1. Reaffirms that Israeli settlements in the Palestinian territory, including Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development;

2. Calls upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Palestinian territory, including Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49;

3. Demands complete cessation of all illegal Israeli settlement activities;

4. Stresses the need for full implementation of 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.

Adopted on 13 December 1996

by 152 votes to 2,

with 6 abstentions

__________

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 are resolutions 904 (1994) of 18 March 1994 and 1073 (1996) of 28 September 1996,

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 1/ and the reports of the Secretary-General, 2/

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, 3/ 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 by the Government of the State of Israel and the Palestine Liberation Organization in Washington on 13 September 1993, 4/ as well as the subsequent implementation agreements, including the Interim Agreement on the West Bank and the Gaza Strip signed in Washington on 28 September 1995,

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,

Noting also the redeployment of the Israeli army from six cities in the West Bank,

Concerned about the continuing 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 continuing actions by it designed to change the legal status, geographical nature and demographic composition of the occupied Palestinian territory, including Jerusalem,

Expressing its deep concern in particular over the closure by the Israeli authorities of the occupied Palestinian territory, including Jerusalem, which prevents the freedom of movement of persons and goods and is the cause of great economic and social hardship, in violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the agreements reached between the two sides,

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 its appreciation to the countries that participated in the Temporary International Presence in Hebron for their positive contribution,

Convinced of the need for the full implementation of Security Council resolutions 904 (1994) and 1073 (1996),

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 that such measures should cease immediately;

2. Demands that Israel, the occupying Power, cease all practices and actions which violate the human rights of the Palestinian people;

3. Calls for an immediate end of the closure and the assurance of the freedom of movement of persons and goods within the Palestinian territory and with the outside world in conformity with international law and the agreements reached;

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 occupied territory;

6. Requests the Secretary-General to report to the General Assembly at its fifty-second session on the implementation of the present resolution.

Adopted on 13 December 1996

by 149 votes to 2,

with 8 abstentions

_________

51/135. The occupied Syrian Golan

The General Assembly,

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, 1/

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 50/29 D of 6 December 1995,

Having considered the report of the Secretary-General of 17 October 1996, 2/

Recalling 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, 3/ 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, 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. 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 by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

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 fifty-second session on the implementation of the present resolution.

Adopted on 13 December 1996

by 153 votes to 1,

with 9 abstentions

____________

V. GENERAL ASSEMBLY ADOPTS RESOLUTION ON ASSISTANCE TO THE PALESTINIAN PEOPLE

The General Assembly considered the question of assistance to the Palestinian People under agenda item 20 (d), entitled "Strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance: Assistance to the Palestinian people", on 21 November and 13 December 1996. For the verbatim records of the plenary consideration of the item, see documents A/51/PV.62 and 89.

The Secretary-General issued under the item a report on assistance to the Palestinian People (A/51/171-E/1996/75). The final report of the United Nations Seminar on Assistance to the Palestinian People, held at Cairo from 21 to 23 May 1996 under the auspices of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, was also circulated under this item (A/51/166-E/1996/67).

For information on the Secretary-General's report on assistance, see the June 1996 issue of this bulletin and for details on the United Nations Seminar, see the May 1996 issue.

On 13 December 1996, the General Assembly adopted under the item a resolution entitled "Assistance to the Palestinian People" without a vote. The text of the resolution is reproduced below.

51/150. Assistance to the Palestinian people

The General Assembly,

Recalling its resolution 50/58 H of 20 December 1995,

Recalling also previous resolutions on the question,

Welcoming the signing of the Declaration of Principles on Interim Self-Government Arrangements of 1993 between the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, 1/ as well as the signing of the subsequent implementation agreements, including the Interim Agreement on the West Bank and the Gaza Strip of 1995,

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 in the peace process, 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 Assistance to the Palestinian People, "Building the Palestinian Economy – Challenges and Prospects", 2/ held at Cairo from 21 to 23 May 1996,

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 the United Nations 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 its secretariat, as well as the establishment of the consultative group and the convening in Paris, on 9 January 1996, of the Ministerial Conference on Economic Assistance to the Palestinian People,

Having considered the report of the Secretary-General, 3/

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 work done by the United Nations Special Coordinator in the Occupied Territories and 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, 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 1997 of a United Nations-sponsored seminar on the Palestinian economy;

10. Requests the Secretary-General to submit a report to the General Assembly at its fifty-second 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 fifty-second session, under the item entitled "Strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance", the sub-item entitled "Assistance to the Palestinian people".

Adopted on 13 December 1996

without a vote

_________

VI. GENERAL ASSEMBLY ADOPTS RESOLUTION ON THE RIGHT

OF THE PALESTINIAN PEOPLE TO SELF-DETERMINATION

On 12 December 1996, the General Assembly considered the report of the Social, Humanitarian and Cultural Committee (Third Committee) contained in document A/51/618, on agenda item 109, entitled "Right of peoples to self-determination", and adopted the resolution reproduced below. For the verbatim record of the Assembly's consideration, see document A/51/PV.82.

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, 1/ the Universal Declaration of Human Rights, 2/ the Declaration on the Granting of Independence to Colonial Countries and Peoples 3/ and the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights on 25 June 1993, 4/

Recalling also the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, 5/

Noting the developments in the Middle East peace process, including the mutual recognition and the signing of the Declaration of Principles on Interim Self-Government Arrangements in Washington on 13 September 1993 by the Palestine

Liberation Organization, the representative of the Palestinian people, and the Government of Israel, 6/ as well as the ensuing implementation agreements, in particular the interim agreement of 28 September 1995,

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 the hope that the Palestinian people will soon be exercising 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 and assist the Palestinian people in their quest for self-determination.

Adopted on 12 December 1996

by 159 votes to 3,

with 12 abstentions

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VII. GENERAL ASSEMBLY ADOPTS RESOLUTION ON PERMANENT SOVEREIGNTY

OF THE PALESTINIAN PEOPLE OVER THEIR NATURAL RESOURCES

On 16 December 1996, upon the recommendation of the Economic and Financial Committee (Second Committee) (A/51/601), the General Assembly adopted a resolution, introduced by the Arab Group, on the permanent sovereignty of the Palestinian people in the occupied Palestinian territory, including Jerusalem, and the Arab population in the occupied Syrian Golan over their natural resources, under agenda item 12, entitled "Report of the Economic and Social Council". For the verbatim record of the plenary consideration, see document A/51/PV.86. The resolution is reproduced below.

The General Assembly,

Recalling Economic and Social Council resolution 1996/40 of 26 July 1996,

Reaffirming the principle of the permanent sovereignty of people under foreign occupation over their natural 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, including resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 1/ to the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

Expressing concern at the exploitation by Israel, the occupying Power, of the natural resources of the occupied Palestinian territory, including Jerusalem, and other Arab territories occupied by Israel since 1967,

Aware of the additional, detrimental economic and social impact of the Israeli settlements on Palestinian and other Arab natural resources, especially the confiscation of land and the forced diversion of water resources,

Welcoming the ongoing Middle East peace process which was started at Madrid on 30 October 1991 and which is based on Security Council resolutions 242 (1967), 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the principle of land for peace, in particular the two implementation agreements embodied in the Agreement on the Gaza Strip and the Jericho Area of 4 May 1994 2/ and the Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995,

1. Takes note of the report of the Secretary-General; 3/

2. Reaffirms the inalienable right of the Palestinian people and the population of the occupied Syrian Golan over their natural resources, including land and water;

3. Calls upon Israel, the occupying Power, not to exploit, to cause loss and depletion of or to endanger the natural resources in the occupied Palestinian territory, including Jerusalem, and in the occupied Syrian Golan;

4. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, loss or depletion of, or danger to, their natural resources, and expresses the hope that this issue will be dealt with in the framework of the final status negotiation between the Palestinian and Israeli sides;

5. Requests the Secretary-General to report to it, at its fifty-second session, on the implementation of the present resolution, and decides to include in the agenda of its fifty-second session an item entitled "Permanent sovereignty of the Palestinian people in the occupied Palestinian territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources".

Adopted on 16 December 1996,

by 133 votes to 3,

with 21 abstentions

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VIII. ARAB GROUP ADDRESSES LETTER TO THE PRESIDENT OF THE SECURITY COUNCIL

On 16 December 1996, the Permanent Representative of Iraq to the United Nations, in his capacity as Chairman of the Group of Arab States for the month of December 1996, addressed the following letter to the President of the Security Council, contained in document S/1996/1047:

In my capacity as Chairman of the Group of Arab States for the month of December 1996, I have the honour to refer to the information contained in the letter which the Permanent Observer of Palestine to the United Nations addressed to you (S/1996/1044) concerning the Israeli plan to build 132 housing units for Jewish settlers in the neighbourhood of Ras al-Amud, within the original municipal borders of occupied East Jerusalem.

The Group of Arab States strongly condemns the expansionist Israeli policy of putting settlements in the occupied Palestinian territories, including Jerusalem, and in the other occupied Arab territories, and considers this policy to be a flagrant violation of the Fourth Geneva Convention of 1949 and of relevant Security Council resolutions; it also runs counter to the agreements signed between the Palestinian and Israeli parties.

The Israeli Government persists in taking measures and making arrangements aimed at changing the legal status and demographic composition of the city of Jerusalem; in a number of its resolutions the Security Council has declared these measures to be null and void and without legal validity.

The implementation of this plan and the continuation by the Israeli Government of its settlement policy threaten to have serious consequences for peace and security in the region.

On behalf of the Group of Arab States, I am formally requesting that the Security Council assume its responsibility for the maintenance of international peace and security, and that it convene an urgent meeting in order to take the measures that are needed in order to put an end to the Israeli Government's plan with respect to building settlements.

IX. EXCERPTS FROM THE FINAL COMMUNIQUÉ ADOPTED BY THE SUPREME COUNCIL OF THE GULF COOPERATION COUNCIL AT ITS SEVENTEENTH SESSION

The seventeenth session of the Supreme Council of the Gulf Cooperation Council was held in Doha, Qatar, from 7 to 9 December 1996. An excerpt from the final communiqué of the summit on the peace process in the Middle East, contained in the annex to document A/51/717-S/1996/1030 is reproduced below:

The peace process in the Middle East

The Council reviewed developments in the peace process in the Middle East and the problems besetting it as a result of the Israeli Government’s pursuit of policies of procrastination in implementing the agreements already concluded with the Palestinian side and its attempts to renegotiate those agreements. Those policies, together with the perpetuation of the Israeli occupation of Arab territories and the obstacles being raised to the sincere peace efforts being made by the international community, are in violation of the commitments and principles on which the peace process is based, of the relevant United Nations resolutions and of all confidence-building measures. The Council affirms its total rejection of these policies of the Israeli Government, given that they constitute a real danger that jeopardizes the chances for peace and portend a return to tension and to acts of violence. These policies may force the GCC countries to reconsider the steps taken vis-à-vis Israel in the context of the peace process. The Council renews its call to all the parties involved in the peace process, and first and foremost to the United States of America and the Russian Federation, to continue their efforts for the achievement of a just and comprehensive peace that will restore legitimate rights and lay a lasting foundation for the security, stability and prosperity of all the peoples of the region.

In the light of the resolutions adopted at the Arab Summit Conference and of the established positions taken by the GCC countries calling for a just, comprehensive and lasting peace in accordance with the principle of land for peace and on the basis of Security Council resolutions 242 (1967), 338 (1973) and 425 (1978), the Council stresses that it is important and indeed essential for the peace process to continue by means of the concrete and honest fulfilment of all the agreements reached and all the undertakings given. In this connection, it urges the Israeli Government:

To discharge its obligations with regard to the agreements already concluded with the Palestinian National Authority and, in particular, to withdraw its forces from Hebron, to release the Palestinian prisoners, to l$ft completely the economic embargo imposed on the Palestinian areas and to resume the final-status negotiations with the Palestinian aide in all sincerity;

To withdraw fully from Jerusalem and to desist from pursuing the policies of demolishing homes, changing the character of Islamic sites and taking such measures to perpetuate the occupation in the Arab territories as the building and expansion of settlements;

To enable the Palestinian people to exercise all of its legitimate national rights, including its right to establish an independent State on its national soil;

To resume negotiations on the Syrian track from the point reached in previous rounds, and to withdraw fully from the occupied Syrian Arab Golan to the boundary as it existed on 4 June 1967;

To withdraw completely from southern Lebanon and the Western Bekaa, and to return all occupied territory to Lebanese sovereignty in accordance with Security Council resolution 425 (1978).

The Council affirms that Israel must accede to the Treaty on the Non-Proliferation of Nuclear Weapons and submit all of its nuclear facilities to the International Atomic Energy Agency inspection régime.

The Council commends the international consensus in support of the peace process and appreciates the efforts being made by the European Union and its member States in the economic and political fields. In this context, the Council expressed its particular appreciation for the sincere efforts being made by France under the leadership of President Jacques Chirac.

X. WORLD BANK TO REPLENISH TRUST FUND FOR GAZA AND WEST BANK

The World Bank issued the following press release on 19 December 1996:

Washington, 19 December 1996 — The World Bank’s Board has recommended a $90 million replenishment of the Trust Fund for Gaza and the West Bank. The funds for the replenishment will be allocated from World Bank surplus and will be available on variable terms, to be determined by the Board on a case-by-case basis, to support up to nine projects currently at various stages of preparation. The Board has sent its recommendation to the Bank’s Governors for their approval.

The Trust Fund was originally established in 1993 with $50 million of Bank surplus and was replenished in 1995 with $90 million in Bank net income to cover operations in both Gaza and the West Bank. All $140 million of the original principal and first replenishment of the Trust Fund have been allocated to six on-going projects which emphasize infrastructure rehabilitation and institutional development. The projects are Emergency Rehabilitation Project I (FY’94, $30 million), the Education and Health Rehabilitation Project (FY’95, $20 million), the Second Emergency Rehabilitation Project (FY’96, $20 million), the Municipal Infrastructure Project (FY’96, $40 million), the Water and Sanitation Services Project in Gaza (FY’97, $25 million), and the Microenterprise Project (FY’97, $5 million), which is being co-financed with the International Finance Corporation.

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