Decisions adopted by UNESCO at its 194th session – UNESCO decisions (excerpts)

PARIS, 15 May 2014

DECISIONS ADOPTED

BY THE EXECUTIVE BOARD AT ITS 194th SESSION

_____________

*Including the meetings of the subsidiary bodies before the plenary meetings.

Implementation of 37 C/Resolution 44 and 192 EX/Decision5 (I)(D)
relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem'

The Executive Board,

1. Having considered document 194 EX/5 Part I (C) and the annex to this decision,

2. Recalling previous decisions concerning "the Ascent to the Mughrabi Gate in the Old City of Jerusalem",

3. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

C

Implementation of 37 C/Resolution 44 and 192 EX/Decision5 (ND)
relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem'

The Executive Board,

1. Having considered document 194 EX/5 Part I (C) and the annex to this decision,

2. Recalling previous decisions concerning "the Ascent to the Mughrabi Gate in the Old City of Jerusalem",

3. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

¹The Executive Board adopted this decision upon a recommendation made by consensus by the Programme and External Relations Commission (PX).

ANNEX

PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)

Item 5 Follow-up to decisions and resolutions adopted by the Executive Board and the General Conference at their previous sessions — Part I, Programme Issues — Implementation of 37 C/Resolution 44 and 192 EX/Dec.5 (I, D) relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem

DRAFT DECISION

Submitted by: Algeria, Egypt, Kuwait, Morocco, Tunisia and United Arab Emirates

The Executive Board,

1. Having considered the report of the Director-General (194 EX/5 Part I (C)),

2. Recalling the relevant provisions on the protection of cultural heritage, including the four Geneva Conventions (1949), the relevant provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and its protocols, the Conventions for the Protection of the World Cultural and Natural Heritage 1972, the inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981) and the List of World Heritage in Danger (1982), and the recommendations, resolutions and decisions of UNESCO,

3. Also recalling previous UNESCO decisions relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem, including 180 EX/Decision 5 (II), 189 EX/Decision 5 (II), 191 EX/Decision 5(1), 192 EX/Decision 5 (I.D) and decision 37 COM 7A.26 of the World Heritage Committee (Phnom Penh, 2013),

4. Taking note of the 12th Reinforced Monitoring Report and of all previous reports, together with their addenda prepared by the World Heritage Centre,

5. Deplores the fact that neither the reactive monitoring mission to the Old City of Jerusalem and its Walls nor the meeting of experts on the Mughrabi Ascent have taken place despite the relevant Executive Board and World Heritage Committee (WHC) decisions: 189 EX/Decision 5(11), 189 EX/Decision 8, 191 EX/Decision 5 (I), 192 EX/Decision 5 (I.D), 191 EX/Decision 9 and WHC decision 34 COM 7A.20 (Brasilia consensus decision), and urges Israel to honour its commitments to implement the aforementioned decisions;

6. Recognizes the concerns raised, in this regard, about the decision by the Jerusalem District Planning and Construction Commission on the town planning scheme for the Mughrabi Ascent, and the subsequent decision by Israel's National Council for Planning and Construction to adopt "an alternative plan for the Mughrabi Ascent", approved on 31 October 2010 by the aforementioned Commission;

7. Requests that, despite the decisions mentioned in paragraph 6 of this decision, the process for the design of the Mughrabi Ascent be inclusive of and accepted by all parties, in accordance with the obligations and duties of such parties as stipulated in the content of the conventions mentioned in paragraph 2 of this decision and in previous World Heritage Committee decisions.

8. Affirms, in this regard, that the UNESCO process for the follow-up of the design of the Mughrabi Ascent, which is aimed at finding an accepted and monitored solution concerning the Mughrabi Ascent, be coordinated among all parties concerned, in accordance with the spirit and content of previous World Heritage Committee decisions, recognizes the concerns raised regarding Israel's submission and the content of its plan for the Mughrabi Ascent referred to in paragraph 6 of this decision, and requests that the World Heritage Centre be proactive and follow closely, in the context of the Reinforced Monitoring Mechanism, the developments associated with this process and the evaluation of the Jordanian design received;

9. Reaffirms in this regard that no measures, unilateral or otherwise, shall be taken which affect the authenticity, integrity and cultural heritage of the site, in accordance with the Convention for the Protection of the World Cultural and Natural Heritage of 1972, and the relevant provisions on the protection of cultural heritage of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954 and the relevant decisions of UNESCO's Executive Board and World Heritage Committee referred to above;

10. Reiterates its thanks to Jordan for its cooperation, urges Israel to cooperate with Jordanian Awqaf Department in accordance with the relevant provisions of UNESCO Conventions for the protection of cultural heritage referred to above, and calls on Israel to facilitate access of Jordanian Awqaf experts with their tools and material to the site;

11. Expresses its concern regarding the continuous, intrusive Israeli archaeological demolitions, excavations and works in and around the Ascent to the Mughrabi Gate despite World Heritage Committee decisions 36 COM 7A.23 and 37 COM 7A.26, and requests the Israeli authorities to end such excavations and works in conformity with this decision and the relevant UNESCO conventions for the protection of cultural heritage;

12. Deplores the recent construction by Israel of a platform in the Buraq (Western Wall) Plaza, in violation of its obligations under the conventions referred to above, and requests Israel to remove the structure built, immediately restore the site to its original character, and refrain from taking any further unilateral steps which jeopardize the site, and its integrity and authenticity;

13. Expresses its concern regarding the Israeli authorities' admittance of provocative religious-extremist groups and uniformed forces into the al-Aqsa Mosque compound (also known as the al-17Iaram ash-Sharif compound) through the Mughrabi Gate, and regrets the systematic violations of the sanctity of the compound and the continued interruption of the freedom of worship therein;

14. Affirms in this regard, the need to protect and safeguard the authenticity, integrity and cultural heritage of the al-Agra Mosque compound;

15. Expresses its thanks to the Director-General for her attention to the sensitive situation in the Ascent to the Mughrabi Gate in the Old City of Jerusalem, and calls on the Director-General to facilitate the meeting of experts as well as confidence-building measures by dispatching the necessary expertise to assess possible damage incurred through the conduct of recent Israeli works on the site;

16. Invites the Director-General to submit to it at its 195th session a progress report thereon.

(194 EX/SR.7)

D

Follow-up to the UNESCO reactive monitoring mission to the Old City of Jerusalem and its Walls and the UNESCO experts meeting on the Mughrabi Ascent²

The Executive Board,

1. Having examined document 194 EX/5 Part I (D),

2. Recalling 191 EX/Decision 5(1), 191 EX/Decision 9, 192 EX/Decision 5 (I) (D), 192 EX/Decision 11 and 192 EX/Decision 42, as well as World Heritage Committee decision 34 COM/7A.20,

3. Decides to implement paragraph 11 of decision 34 COM/7A.20 adopted by the World Heritage Committee in Brasilia at its 34th session as follows:

— (a) Phase I: the dispatch, on an agreed date prior, at least 10 days, to the 38th session of the World Heritage Committee, of the joint World Heritage Centre/ICCROM/ICOMOS reactive monitoring mission to the Old City of Jerusalem and its Walls to assess, as a first phase, the 18 sites included in the Action Plan as pilot sites;

— (b) Phase II: the dispatch, on an agreed date, of the joint World Heritage

Centre/ICCROM/ICOMOS reactive monitoring mission to the Old City of Jerusalem and its Walls, to assess, as second phase, the major monumental complexes designated in the Action Plan (i.e. al-Haram ash-Sharif, the Citadel, the Western Wall, the Holy Sepulchre and the City Walls);

4. Invites all parties concerned to participate in the experts meeting on the Mughrabi Ascent, to be held at UNESCO upon an agreed date prior, at least 10 days, to the 38th session of the World Heritage Committee;

5. Requests that the report and recommendations of the mission as well as the report of the technical meeting on the Mughrabi Ascent in Paris, be presented to the parties concerned before the 38th session of the World Heritage Committee;

6. Takes note of the technical adjournment of the five Middle East items on the agenda of its 194th session and their inclusion in the agenda of its 195th session;

7. Also invites all parties concerned to facilitate the implementation of the above-mentioned UNESCO joint mission;

8. Thanks the Director-General for her continuous efforts to implement the above-mentioned UNESCO joint mission and all related UNESCO decisions and resolutions;

9. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

²The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations Commission (PX) following a roll-call vote: 34 votes in favour, 1 vote against and 21 abstentions:

In favour: Afghanistan, Algeria, Argentina, Austria, Bangladesh, Belize, Brazil, Chad, China, Cuba, Dominican Republic, Ecuador, Egypt, France, Gabon, Guinea, India, Indonesia, Italy, Kuwait, Mali, Mauritius, Mexico, Morocco, Namibia, Nigeria, Pakistan, Russian Federation, Spain, Togo, Tunisia, Turkmenistan, United Arab Emirates, United Kingdom.

Against: United States of America.

Abstentions: Albania, Angola, Czech Republic, El Salvador, Estonia, Ethiopia, Germany, Japan, Malawi, Montenegro, Mozambique, Nepal, Netherlands, Papua New Guinea, Republic of Korea, Saint Kitts and Nevis, Sweden, Thailand, Trinidad and Tobago, Uganda, Ukraine.

Absent: Gambia, the former Yugoslav Republic of Macedonia.

(194 EX/SR.7)

/…

11 Jerusalem and the implementation of 37 C/Resolution 44 and 192 EX/Decision 11³

(194 EX/11; 194 EX/35)

The Executive Board,

1. Having considered document 194 EX/11 and the annex to this decision,

2. Recalling previous decisions concerning "Jerusalem",

3. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

³The Executive Board adopted this decision upon a recommendation made by consensus by the Programme and External Relations Commission (PX).

ANNEX

Item 11 Jerusalem and the implementation of 37 C/Resolution 44 and 192 EX/Decision 11

DRAFT DECISION

Submitted by: Algeria, Egypt, Kuwait, Morocco, Tunisia and United Arab Emirates

The Executive Board,

1. Having examined document 194 EX/11,

2. Recalling resolutions and decisions of UNESCO on Jerusalem, as well as the provisions of the four Geneva Conventions (1949) and their Additional Protocols, the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its related Protocols and the Convention for the Protection of the World Cultural and Natural Heritage (1972),

3. Affirming that nothing in the present decision, which is aimed at the safeguarding of the distinctive character of East Jerusalem, shall in any way affect the relevant United Nations resolutions and decisions, in particular the relevant Security Council resolutions on the legal status of Jerusalem,

4. Regrets the absence of progress in the implementation of previous UNESCO decisions concerning Jerusalem, particularly 185 EX/Decision 14, and reiterates its request to the Director-General to appoint, as soon as possible, a permanent and eminent expert(s) to be stationed in East Jerusalem to report on a regular basis about all the aspects covering all UNESCO fields of competence in the City of East Jerusalem;

5. Reaffirms the requirement to implement promptly and fully the above-mentioned decisions, and urges  the Israeli authorities to facilitate their implementation, in conformity with the provisions of relevant UNESCO conventions, resolutions and decisions;

6. Deplores the failure of Israel to cease its persistent excavations and works in East Jerusalem, and reiterates its request to the Israeli authorities to prohibit all such works, in conformity with the provisions of relevant UNESCO conventions, resolutions and decisions;

7. Also deplores the continuous Israeli unilateral measures and practices, as well as the settlers' incursions in East Jerusalem, which dangerously and irreversibly affect the city's distinctive religious, cultural, historical and demographic character, and urges the Israeli authorities to take the necessary measures to end these abuses;

8. Thanks the Director-General for her efforts to implement previous UNESCO decisions on Jerusalem, and asks her to maintain and reinvigorate such efforts;

9. Decides to include this item in the agenda of the 195th session of the Executive Board and invites the Director-General to submit to it a progress report thereon.

(194 EX/SR.7)

ANNEX

12 Implementation of 192 EX/Decision 12 on "The two Palestinian sites of al-Haram al-lbrahimi/Tomb of the Patriarchs in al-Khalil/Hebron and the Bilal ibn Rabat) Mosque/Rachel's Tomb in Bethlehem"⁴ (194 EX/12; 194 EX/35)

The Executive Board,

1. Having considered document 194 EX/12 and the annex to this decision,

2. Recalling previous decisions concerning "The two Palestinian sites of al-Haram al-IbrahTmT/Tomb of the Patriarchs in al-KhaM/Hebron and the Bilal ibn Rabah Mosque/Rachel's Tomb in Bethlehem",

3. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

⁴The Executive Board adopted this decision upon a recommendation made by consensus by the Programme and External Relations Commission (PX).

PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)

Item 12 Implementation of 192 EX/Dec.12 on "The two Palestinian sites of al-Haram al-lbrahimi/Tomb of the Patriarchs in al-Khalil/Hebron and the Bilal ibn Rabat" Mosque/Rachel's Tomb in Bethlehem"

DRAFT DECISION

Submitted by: Algeria, Egypt, Kuwait, Morocco, Tunisia and United Arab Emirates The Executive Board,

1. Having examined document 194 EX/12,

2. Recalling UNESCO decisions on the two Palestinian sites in al-Khalil/Hebron and in Bethlehem, as well as the provisions of the four Geneva Conventions (1949) and their Additional Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its related Protocols and the Convention for the Protection of the World Cultural and Natural Heritage (1972); also recalling the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970),

3. Reaffirming that the two concerned sites located in al-KhaM/Hebron and in Bethlehem are an integral part of Palestine,

4. Affirming that nothing in the present decision, which is aimed at the safeguarding of the Palestinian cultural heritage, shall in any way affect the relevant Security Council and United Nations resolutions and decisions on the legal status of Palestine,

5. Expresses its deep concern over the ongoing Israeli construction of private roads for settlers and a separation wall inside the Old City of Hebron, which dangerously and irreversibly affect the city's distinctive religious, cultural, historical, and demographic character, and urges the Israeli authorities to end these violations, in compliance with provisions of relevant UNESCO conventions, resolutions and decisions;

6. Regrets the denial of freedom of movement and freedom of access to places of worship due to the above-mentioned Israeli violations and restrictions;

7. Also regrets the Israeli authorities' refusal to comply with 185 EX/Decision15 concerning this item, and urges them to act in accordance with that decision;

8. Decides to include this item in the agenda of the 195th session of the Executive Board, and invites the
Director-General to submit to it a follow-up report thereon.

(194 EX/SR.7)

/…

Item 27 Implementation of 37 C/Resolution 67 and 192 EX/Decision 33 concerning educational and cultural institutions in the occupied Arab territories

DRAFT DECISION

Submitted by: Algeria, Egypt, Kuwait, Morocco, Tunisia and United Arab Emirates

The Executive Board,

1. Recalling 37 C/Resolution 67 and 185 EX/Decision 36 as well as Article 26 of the Universal Declaration of Human Rights with regard to the right to education, Articles 4 and 94 of the Fourth Geneva Convention with regard to the denial of the right of children to education, as well as the Hague Convention (1954) and its Protocols and the Convention for the Protection of the World Cultural and Natural Heritage (1972),

2. Having examined document 194 EX/27,

3. Committed to the safeguarding of monuments, works of art, manuscripts, books and other historical and cultural properties to be protected in the event of conflict,

4. Supports the efforts made by the Director-General with a view to the implementation of 36 C/Resolution 81 and 185 EX/Decision 36, and requests her to do everything possible to ensure that they are fully implemented;

5. Expresses its appreciation for the substantial contributions of all concerned Member States and intergovernmental organizations and non-governmental organizations to UNESCO's action in Palestine, and appeals to them to continue assisting UNESCO in this endeavour;

6. Thanks the Director-General for the results that have been obtained in relation to the implementation of a number of current educational and cultural activities;

7. Invites the Director-General to strengthen UNESCO's assistance to the Palestinian educational and cultural institutions in order to address new needs;

8. Expresses its continuing concern about the harmful impact of the Separation Wall and other practices on the activities of cultural and educational institutions, as well as obstacles resulting therefrom which prevent Palestinian schoolchildren and students from being an integral part of their social fabric and from exercising fully their right to education, and calls for the observance of the provisions of relevant UNESCO conventions, resolutions and decisions, particularly 185 EX/Decision 36,

9. Notes with deep concern the Israeli authorities' censorship of the Palestinian curricula of schools and universities in East Jerusalem, and urges them to immediately halt such censorship;

10. Regrets the Israeli order to close for two weeks, in May 2013, the Hakawati Theatre in East Jerusalem, which was supposed to host, during that period, an international festival of puppets for children;

11. Encourages the Director-General to continue to reinforce her action in favour of the protection, reconstruction, rehabilitation and restoration of the Palestinian archaeological sites and cultural heritage, and invites her to address the needs for capacity-building in all UNESCO's fields of competence by expanding the financial assistance programme for Palestinian students;

12. Requests the Director-General to organize, as soon as possible, the ninth meeting of the Joint UNESCO-Palestine Committee;

13. Also invites the Director-General:

(a) to continue the efforts she is making to preserve the human, social and cultural fabric of the

occupied Syrian Golan, in accordance with the relevant provisions of this decision;

(b) to undertake efforts to offer appropriate curricula, and to provide more grants and adequate assistance to the educational and cultural institutions of the occupied Syrian Golan;

(c) to dispatch an expert to assess and evaluate the needs of the educational and cultural institutions in the occupied Syrian Golan, to report to the Director-General before the 195th session of the Executive Board;

14. Decides to include this item in the agenda of the Executive Board at its 195th session, and invites the Director-General to submit to it a progress report thereon.

28 Report by the Director-General on the reconstruction and development of Gaza:

implementation of 192 EX/Decision 34⁷ (194 EX/28; 194 EX/35)

The Executive Board,

1. Having considered document 194 EX/28 and the annex to this decision,

2. Recalling previous decisions concerning "the reconstruction and development of Gaza",

3. Decides to include this item in the agenda of its 195th session, and invites the Director-General to submit to it a follow-up report thereon.

⁶These dates are subject to change as the session may be extended by one day. The Executive Board adopted this decision upon a recommendation made by consensus by the Programme and External Relations Commission (PX).

ANNEX

PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)

Report by the Director-General on the reconstruction and development of Gaza: implementation of 192 EX/Decision 34

DRAFT DECISION

Submitted by: Algeria, Egypt, Kuwait, Morocco, Tunisia and United Arab Emirates

The Executive Board,

1. Having considered document 194 EX/28,

2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols (1977), the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its Protocols, and the Convention for the Protection of the World Cultural and Natural Heritage (1972), and the relevant recommendations, resolutions and decisions of UNESCO on the protection of cultural heritage and on the right to education,

3. Also recalling 185 EX/Decision 37,

4. Noting with deep concern the slow progress in the reconstruction of schools and other cultural heritage sites in the Gaza Strip that were damaged during the 2008-2009 war and the November 2012 war,

5. Deeply regrets the damaging impact of the November 2012 war on UNESCO fields of competence in Gaza, where 280 education facilities were damaged, affecting approximately 250,000 students, as reported in document 191 EX/35, as well as the severe damage inflicted to one cultural heritage site of the Palestinian Tentative List, the Port of Anthedon (the old port of Gaza);

6. Affirms, in this regard, that schools, universities and cultural heritage sites should not be involved and/or targeted in military conflicts;

7. Deplores the continuous Israeli blockade of the Gaza Strip, which harmfully affects the free and sustained movement of personnel and humanitarian relief items for the successful implementation of UNESCO reconstruction projects, as well as the injury of children, the attacks on schools, and the denial of access to education, as reflected in document 190 EX/39;

8. Thanks Member States and donors for their generous financial contributions to the UNESCO projects for Gaza, and invites Member States, international organizations and relevant international, national and private institutions to provide further assistance in this regard through extrabudgetary funding;

9. Thanks the Director-General for initiatives that have already been implemented in the field of education, and for the safety of media professionals, and calls upon her to continue her involvement actively in the reconstruction of its damaged educational and cultural heritage components;

10. Requests the Director-General to organize an information meeting to provide Member States with an update on the outcome of the projects conducted in the Gaza Strip-Palestine;

11. Decides to include this item in its agenda at its 195th session, and invites the Director-General to submit to it a progress report thereon.

(194 EX/SR.7)