SUPR Monthly Bulletin, Vol. III, No. 5, CERPP, SUPR bulletin (May 1980) – SUPR publication


SPECIAL UNIT ON

PALESTINIAN RIGHTS

May 1980

Table of Contents:

1.   The Security Council considers the situation in the occupied Arab territories.

2.    Action taken by the Committee on the Exercise of the Inalienable Rights of the Palestinian People.

3.    The Thirty-Third World Health Assembly adopts a resolution on the health conditions of the Arab population in the occupied Arab territories, including Palestine.

4.    Commission on Human Rights adopts two resolutions on the Question of the Violation of Human Rights in the Occupied Arab Territories, including Palestine.


1.    The Security Council considers the situation in the occupied Arab territories

The Council met on 8 May 1980 in response to a request by the Permanent Representative of Tunisia to consider the expulsion measure taken by the Israeli occupation authorities against the Mayors of Al-Khalil (Hebron), Halhoul and the Islamic Judge of Al-Khalil (Hebron).

At the start of the Security Council's meeting the Council had before it the following draft resolution:

"The Security Council,
"Recalling the Geneva Convention of 1949,
"Deeply concerned at the expulsion by the Israeli military occupation authorities of the Mayors of Hebron and Halhoul and of the Sharia Judge of Hebron,
"Calls upon the Government of Israel as occupying Power to rescind these illegal measures and to facilitate the immediate return of the .expelled Palestinian leaders so that they can resume the functions for which they were elected and appointed,
"Requests the Secretary-General to report upon the implementation of this resolution."

The resolution was adopted by a vote of 14 in favour to none against, with one abstention (United States), as resolution 468 (1980).

Explaining the vote of the United States after the vote, the Representative of the United States said "we have been dealing for a number of years with a tragic cycle of violence in which one violent act begets another."  He went on to say that "it has been, and remains, the position of the United States that we cannot focus on a single act in this cycle.  We deeply regret that the resolution does not refer to the killing in Hebron of six Israelis and the wounding of 17 others, which preceded the deportation of the Palestinian officials, and which constitutes a factor in the present situation".  His delegation had therefore abstained on the resolution.

The representative of the Soviet Union said he had voted for the resolution.  At the same time, he felt that the resolution did not contain the "decisive condemnation" of Israel. He could not accept "any attempt to put on the same footing the atrocities of the occupying power and the heroic struggle of the Palestinians to throw out the occupiers and achieve their rights".

The representative of Israel said that "last Friday six Jews were callously murdered in Al-Khalil (Hebron).  Sixteen others were wounded, two of them critically.  While Israel was mourning its dead, this Council was already engaged in yet another one-sided exercise against Israel."  He went on to state that "Israel will not be deflected by acts of terror in the area or by transparent exercises in hypocrisy and selective conscience in this Council".

The observer of the PLO said that the Palestinians had not been allowed to have their own homeland and were not allowed to return to it.  Now they were being denied the right to life.  "This is a fight for. survival" by the Palestinians and "there will never be another Deir Yassin, the Palestinians are determined to prevent that."  He went on to say that the Mayor of Hebron had been told by the Israelis that he must act within the guide-lines laid down by the Israeli occupiers or else he build not govern.  He added that Israel should withdraw from the territories it had occupied in 1967, and let the Palestinians exercise self-determination and have their own State.

In resolution 468 (1980) the Security Council had requested the Secretary-General to report upon the implementation of the resolution.  On 13 May 1980 the Secretary-General issued the following report:

"1.  In its resolution 468 (1980) of 8 May 1980 concerning the expulsion of the Mayors of Hebron and Halhoul and of the Sharia Judge of Hebron, the Council, called upon the Government of Israel as occupying Power to rescind these illegal measures and to facilitate the immediate return of the expelled Palestinian leaders so that they could resume the functions for which they were" elected and appointed.  The Council further requested the Secretary-General to report upon the implementation of the resolution.
"2.  The text of the above resolution was immediately brought to the attention of the Government.of Israel by the Secretary-General, who had also previously made representations to the Government of Israel in this regard.
"3.  On 9 May the Permanent Mission of Israel informed the Secretary-General that the Government of Israel was unable to allow the expelled Mayors of Hebron and Halhoul and the Sharia Judge of Hebron to return, for reasons indicated in the statement made by the Permanent Representative of Israel before the Security Council.
"4.  In this connexion the Secretary-General has noted reports that the Mayors of Hebron and Halhoul and the Sharia Judge of Hebron were denied re-entry into the West Bank by the Israeli authorities on 11 May."

On 16 May 1980 the Permanent Representative of Jordan to the United Nations requested the convening of the Security Council to consider Israel's defiance of Security Council resolution 468 (1980) adopted by the Council on 8 May 1980 (document S/13941).

On the same day, the Permanent Representative of Tunisia to the United Nations requested the Security Council to invite the Mayors of Al-Khalil (Hebron), Halhoul and the Islamic Judge of Al-Khalil (Hebron) to participate in the Council's consideration of the item "The situation in the occupied Arab territories", in accordance with rule 39 of its provisional Rules of Procedure (document S/13942).

The Security Council met on 20 May 1980. At that meeting the representative of Jordan said that the deportation of the three Palestinian leaders, was in flagrant violation of all norms of international law and conventions and in defiance of a Security Council decision adopted on 8 May 1980, which made it more impelling than ever before that the Council "take stock of the full dimensions of the Zionist ideology and onslaught which are unquestionably unique in the post-War world and unparalleled since the inception of the United Nations". The question, he went on was not the deportation of three Palestinian Arab leaders in the occupied West Bank; for 1,600 others had already been deported including the Arab Mayor of Jerusalem, as a prelude to annexing the whole of Jerusalem.

The representative of Israel said that the Mayors of Hebron and Halhoul and the Qadi of Hebron, on the instructions of the PLO and the Arab rejectionist States in the last three months, had been actively and systematically engaged in inciting the local Arab population to acts of violence and subversion against Israel and Israelis alike.  He went on to say that they had abused their public offices and even received and used PLO funds for these purposes.  Thus, they had contributed substantially to the deterioration of public order in the Hebron region, which had culminated in the outrage of 2 May 1980. He added that in deporting them, Israel had acted within its legal authority.  The Israeli Supreme Court had "today" agreed to hear a case concerning the deportations.

Statements were made by the Mayor of Halhoul, Mr. Mohammed Hassan Milhem, and the Mayor of Al-Khalil (Hebron), Mr. Fahd Qawasineh. They described the events surrounding the expulsion to Lebanon on 2 May 1980 and the refusal of the Israeli authorities to allow them to return.  The full text of their statements appear on pages 5 and 13.

The Security Council had before it a draft resolution, which was adopted as resolution 469 (1980) by a vote of 14 in favour to none against, with one abstention (United States). The full text of the resolution 469 (1980) is as follows:

"The Security Council,
"Having considered the report by the Secretary-General under Security Council resolution 468 (1980) of 13 May 1980 (S/13938),
"Recalling the Fourth Geneva Convention of 1949 and in particular article 1 which reads "The High Contracting Parties to undertake to respect and to ensure respect for the present Convention in all circumstances and article 49, which reads 'Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive;
"1. Strongly deplores the failure of the Government of Israel to implement Security Council resolution 468 (1980) of 8 May 1980;
"2. Calls again upon the Government of Israel, as occupying Power, to rescind the illegal measures taken by the Israeli military occupation authorities in expelling the mayors of Hebron and Halhoul and the Sharia Judge of Hebron, and to facilitate the immediate return of the expelled Palestinian leaders, so that they can resume their functions for which they were elected and appointed;
"3. Commends the Secretary-General for his efforts and requests him to continue his efforts in order to ensure the immediate implementation of this resolution and to report to the Security Council on the result of his efforts at the earliest possible date."

The representative of the United States, speaking in explanation of the vote, said that the position of its Government on the issue was set forth in a statement on 8 May and had not changed.  The United States therefore abstained in the vote on the draft resolution.

The observer of the PLO said that the expelled leaders had committed only one crime and that was that they had voiced their opposition to illegal Israeli occupation.  He went on to say that the United States support of Tel Aviv had led to the crimes that had been committed.  He cited a report in the New York Times that Israel would "take a tougher stand against Arab violence".  In response to an action of a boy who had thrown a stone at a car, an entire family had been expelled.  He said, he was sure that the Security Council and the Secretary-General would see to it that the expelled leaders were permitted to return to their country.  If not, the Council should take further action.

The representative of Zambia said that Israel must be told unequivocally that it was illegal to prevent three million Palestinians from returning to their homes.  Unless the inalienable rights of the Palestinians were observed, respected and restored, there could be no peace in the Middle East.  He went on to say that Zambia condemned attempts by Israel to annex Jerusalem.  He added that Israel was trying to provoke catastrophe in the region by its policies.

Text of the Statement of the Mayor of Halhul, Mr. Milhem,

in the Security Council on Tuesday, 20 May 1980

(Document S/PV.2223)

"I greatly wish that Mr. Blunt were present at the moment.

"Mr. President, thank you for having given me the opportunity to address the Security Council today. I extend my gratitude also to those who strove to make my presence here possible.

"I am speaking to members of the Council not only as a father of nine, who was kidnapped, seized from home and family and thrown across borders, but also as a member of a people which has suffered so much harassment since the Balfour Declaration of 1917. Over the last 60 years Palestinians have resisted the denial of their inalienable right of national self-determination, and the colonization of their land by non-Palestinians.

"In 1937 the Peel Commission reported that the continuous rise of Jewish immigration would "result in an intolerable prospect of Palestinian Arabs being ruled by Jews". Now, in 1980, about 1.5 million Palestinians are ruled by Jews.  Another 3 million or thereabouts dispossessed Palestinians are also subjugated by the extended striking arm of the Israeli army and the-Israeli Mossad, both of which receive aid from the United States. The endless flow of billions of American dollars has enabled Israel to expropriate Palestinian land, to settle on it, to harass the Palestinians in the occupied territories – not in the liberated territories, as Mr. Begin put it – and to raid in southern Lebanon. When I crossed southern Lebanon I saw no soldiers other than Israeli soldiers, who escorted me up to the Nigerian checkpoint. The Israelis also raided refugee camps, killing and destroying indiscriminately.

"This intolerable persecution of our people has intensified over the last 13 years. The Israelis have demolished thousands of Palestinian homes. In this connexion, I refer the Council to today's New York Times, which reports that a number of stores in Hebron were demolished on 2 May. To whom did they belong? They belonged to one of the residents of Hebron (Al-Khalil) whose name is Idris Ilirbawi, whose family in 1929 were hosts of and cave protection to 20 Jewish families. Now their reward is that Mr. Ilirbawi's stores and house have been demolished.

"In 1968 Israeli "bulldozers levelled the old sector of my town of Halhul, and it is open, anybody can see it. The Israelis have expelled thousands of Palestinian residents and have thrown thousands more into prisons, many are detained, and I dare say not a single family in any town or village is without a member who has been detained or imprisoned for periods ranging from life to a month or two. Why? The Israelis say it is for security reasons. They are imprisoned without trial, suffer inhuman conditions and are subjected to torture. On the day of my deportation the mother of a prisoner in my town her name is Um Jehad – told me that her son, who was serving a life sentence in Ashkelon gaol, had difficulty sleeping because his cell was too small for him even to stretch his legs. There are hundreds of such examples.

"On 15 March 1979, in my town, Halhul, a boy named Nasri Anani and a girl named Raba Shelaldi were killed. They said at the time that the soldiers had been shooting in the air and thought that the boy and girl were flying birds. The killers were identified and detained, but later released. The reason given for their release was – and it was published in Israeli newspapers – that they had killed the two students in self-defence – I am quoting the newspapers. Self-defence? Who was acting in self-defence? The killers carrying submachine-guns? Or the two young students' with nothing in their hands but Palestinian flags? Moreover, after the two innocent students were killed, a curfew was imposed on our town of Halhul. I ask here: Who should be put under curfew, the victims or the killers? What is the rationale for punishing the victims by imposing a curfew en them instead of on the killers? And one of the killers is a settler in Kiryat Arba.

"Additionally, during the curfew windows in scores of houses were smashed. Why? Because when a child or a woman happened to cross the doorstep, the soldiers would come right to the house and smash every single piece of glass in that house. Israeli soldiers broke into three homes and helped themselves to jewellery and other valuables. The names in the cases are to be found in the police station in Hebron. They have cases; they have folders; and they have been investigating for the last 14 months or so. Some of the members of the Council may not know that Halhul is a small agricultural town, mostly farms and vineyards and the worst thing of all is that during the curfew farmers were prevented from spraying their fields, and March is the spraying month. Those farmers caught in the early hours of the morning trying to reach their fields were badly beaten – and I have names and they have records in the hospital in Hebron – and their spraying machines were confiscated.

"Ironically, on 26 March of the same year, while we in the West Bank town of Halhul were under the strictest curfew, the Camp David accords were being signed at the White House. What kind of peace process is this that means practically no peace for our people or our land? And now why were the three of us expelled? It was only because we, as well as the people who elected us, have rejected the proposed autonomy plan.

"As I put it yesterday, they are inviting us to autonomy, which, as Mr. Begin and his Cabinet put it, means no rule over land, no rule over sources of water or power, no rule even over telephone communications. What kind of rule is that? I had enough authority over my wife and children before I was deported. We have enough authority over our school students. So autonomy means the continuation of the present situation, the perpetuation of the occupation.

"So we have been rejecting this ever since it started: the perpetuation of a brutal occupation and the efforts to legitimize it. We said no to settlements. We said no to the killing of innocent students in Jerusalem and Anabta. I believe that last month in Anabta a student was killed. And how was he killed? The Governor of Tulkarm, whose name is Massafi, came at the end of a peaceful demonstration by the high-school students and, when they were going back into the -school, he called the boy who was later killed. But the boy ran away; he was afraid. He shot him in the leg. The boy fell down. Then he followed him and shot him in the head. Where is Massafi now? He is the Governor of Tulkarm.  He has the law in his hands.

"We said no also to the destruction of our homes and property. Two months ago 150 cars were destroyed or smashed in Ramallah and about 40 in Halhul by the Gush Emunim and the Kahane followers. When the mayors of the towns concerned received telephone calls to the effect that someone was smashing the cars and so on, they got in touch with the Governor's office because the mayors under the occupation are not in charge of the police force.  We have no police force.  We have no authority at all, as Mr. Blum put it, to keep order. We were supposed to keep order. How? The police forces are under their control their soldiers and settlers have submachine-guns and they are roaming the streets indiscriminately killing and destroying. The Mayors of Bireh and Ramallah called the Governor in Ramallah and told him: "There is something wrong happening and cars are being smashed and we are receiving a flow of telephone calls." Do you know who was in the office? The secretary of the Governor, who was half asleep, and he told him: "Wait until the Governor comes in some 10 hours."

"How can we keep order? Who has law and order in his hands? If a mayor cannot contact Jerusalem six days every week, where is the law, where is the order?

"We said "No" to the conversion of the Holy Mosque of Abraham. And you see His Eminence the Sheikh, the Imam he is the one who preaches in the Mosque. It is an Islamic mosque, and now it is almost changed into what looks like a synagogue.

"We said "No" to Israeli torture, which has left some of our people in hospitals. Some are paralysed and in hospitals, and some are in insane asylums. There are 20 of them in the Bethlehem Asylum. -They are insane because they have been beaten on the head. And others are in graveyards – from the prison to the graveyard.

"We said "No" to the imposition of heavy taxation, not on merchants and traders but on municipal projects and services. I have a water project. I have to give the authority taxes. Instead of giving me money to help with the project, they take taxes from me as mayor, and from the contractor too.

"And above all we said "No", and we will continue to say "No", and the world will continue to say "No", to occupation.

"To all of this we said "No". And who among us would agree to the continued persecution of his people, of any people, by an occupying power? We said "Yes" in the meantime. We are not rejectionist forces who say "No, no, no", as it is put sometimes. We said "Yes" to self-determination for our people, "Yes" to control over our natural resources and land, and "Yes" to the security and the prosperity of our people, to their ensured well-being. Who is it who needs security? The Mayor of Hebron or the Sheikh or the Mayor of Halhul, or the officer, the Governor of Tulkarm who killed the boy, who is still Governor? He is still there, on my land. We said "Yes" to the right of Palestinians to establish their sovereign State on their soil. We said "Yes" to repatriation.

"Now I should like to refer to Mr. Slum's statement, to his statements in fact. In his statement of 8 May Mr. Blum spoke of freedom of expression. As members are aware, I was expelled about 18 days ago. I wonder if by freedom of expression he means the ban currently imposed on the elected mayors which prohibits them from talking to the press? Does he mean the ban en the elected Mayors which restricts their travelling beyond the borders of their towns? It is being implemented now. Does he mean the scores of checkpoints that have often prevented Palestinians from reaching the Aqsa Mosque for the Friday prayers? Does he mean the electronic devices placed in the telephones of the elected mayors and the representatives of labour unions and chambers of commerce and benevolent societies – the bugging of our telephones? Every word I say is recorded. Does he mean the isolation of the towns of Al-Khalil (Hebron), Anabta and Halhul and the Jalazon Dhaisha and Nur Shams refugee camps from the rest of the world?

"How can freedom expression include censoring the local newspapers in the occupied West Bank, or suppressing the voice of our people, or even prohibiting the journalists who had wanted to see the 600 dunums of destroyed wheat crops in the Hebron district? Three months ago helicopters sprayed about 600 dunums of wheat and barley, and all the crops of the poor farmers are now ashes. And also about 100 dunums of olive groves in the west sector of Hebron district. When the journalists wanted to visit the place, there was a checkpoint with 20 soldiers, who did not allow them to go there. If what they did was lawful and Justified, leave it open for the whole world to see.

"In the present speech of Mr. Blum's, he talked about the Defence (Emergency) Regulations of 1945, and he said that they were implemented by Jordan, and he brought in the name of Jaffa.  It seems that Mr. Blum does not know much geography. Jaffa is part of Jordan. This 1945 regulation was issued by the British Mandatory authorities, and the British Mandate is no more. He alleged that those regulations were enforced by Jordan prior to 4 June 1967-Such an emergency law did not in fact exist under Jordanian rule, nor does it exist now. Consequently the Defence Regulations of 1945 were never applied by Jordan in what Mr. Blum calls Judea and Samaria. What are Judea and Samaria? Judea and Samaria are the occupied West Bank. He is changing the names of towns and areas. They are disfiguring things. And the bulldozers are disfiguring the land.

"Moreover, may I remind Mr. Blum of Article 49 of the Fourth Geneva Convention? He says they do not recognize the Geneva Convention; they do not recognize the Red Cross; they do not recognize the resolution of the Security Council. What do they recognize? They do not recognize the existence of a people, of the Palestinians. And sometimes they say that we have tails. Look: I do not have a tail.

"Article 49 of the Fourth Geneva Convention states: "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive."

"According to today's newspapers, including The New York Times, two families, one from Beit Sahur, were transferred to an abandoned refugee camp near Jericho.

Do members know who live in the camps? Snakes and wild dogs. Those families were transferred there. It is desert, and very hot in summer. One family consists of a father, who is an employee; his daughter, who is an employee; and his son or daughter, who is, I think, at Sir Zeit University. Of course, no one can go to his Job, and the students cannot go to their colleges. , But they can stay in the refugee camps near Jericho.

"If, as Mr. Blum put it in his speech of 8 May, "International terrorism has been brought under control worldwide" (S/PV.2221, p. 18-20), I should like to ask members of the Council and the whole world who is going to bring under control the terrorism and the persecution of our Palestinian people in the occupied territories? The delegations that were supposed to go to the West Bank were banned by Israel; they could not reach it. So how can the terrorism that is being practised by day and by night be stopped? Who will stop the terrorism that has been practised not only by gangs of Gush Enunim and settlers – and this is very important – but also by the army of a State Member of the United Nations? Who is going to put an end to the military authority's practice of rejecting or r ; disapproving our municipal projects, like the drinking water project in Hebron? The Mayor and Council of Hebron wanted to dig a drinking-water well in Bani Naim village, but the Israelis said f:No". Is there anything against the security of the Middle East in that or in the wholesale fruit and vegetable market and the agricultural road in Halhul? If Mr. Blum were asked he would say "The market is close to the schools". I know what he would say, and I tell the Council that I would accept that any member of the Council would show interest in and care for the welfare of our students, but not Mr. Blum, whose soldiers interrupted the classes and beat the students, whose blood still stains the classroom floors. The wholesale market could not be either a nuisance or disturbing factor to our schoolboys.

"in his speech Mr. Blum spoke of Jewish worshippers – and this is very important – in Al-Khalil. Let us speak quietly. I wish Mr. Blum were here at the moment. Jewish worshippers go to synagogues, not to mosques. Since we have no synagogues in Hebron, the Jewish settlers are trying to convert the holy Mosque of Abraham into a synagogue.

" What were Eli Hazeev – whose name was James Mahon Jr. and his gang doing in the streets of Al-Khalil with submachine-guns? Were they praying, with no synagogues in Hebron? Who is Hazeev and what does his story mean for the inhabitants of Palestine and, in particular, for the inhabitants of Hebron? How does Hazeev's story contribute to the horrors of our life under Israeli occupation? Here is a man, born in Virginia and raised as a Christian. Having developed a taste for violence and killing in Viet Nam, he travelled to Israel, became a convert to Judaism and was granted Israeli citizenship. The Israeli settlements on the occupied West Bank provided the perfect setting for this man, who valued violence and who was committed to war.  He came to Israel expressly to fight Arabs and served as a sharpshooter in the Israeli elite corps. Last May he was gaoled for breaking into Arab homes in Hebron beating the residents and smashing their furniture and possessions.  Shortly after his release he was arrested, but not charged, for smashing car windows in my town of, Halhul.

"I ask the Council again: were such people with such convictions.and with submachine-guns, praying? No; they were doing everything but worship. They were tearing the Holy Koran in the Abraham Mosque back in 1976. They were breaking into houses at midnight, terrorizing women and children. They were smashing private cars in Halhul, Ramallah and Shufat, which is a village near Jerusalem. They were breaking into supermarkets, assaulting the shoppers and destroying the merchandise. They were cutting down vineyards around Kiryat Arba.

"Once, a Journalist asked me: "When did your forefathers come to Palestine?" I told him: "My forefathers came right after Adam. Waves of Greeks and Romans and Jews and others came and went, and I was sitting on my doorstep watching those waves come and go, and I stayed there." I should like to make a final comment on Mr. Blum's speech.  The last man qualified to talk about what he called the Soviet occupation of Afghanistan is Mr. Slum, and I would remind him of this proverb: "People in glass-houses shouldn't threw stones."

"Let us work for genuine peace under the umbrella of the United Nations and its resolutions.  Let our wives and children live under the care of both parents. Incidentally, the wife of the Sheikh died two months ago, so that his four children are left without a father or mother, and when he wanted to call them – he has a telephone in his house – he could not because the telephones had been disconnected. He wanted to ask his sons whether they were well provided for, how their health was, and so on, but he could not reach them; he could not talk to his sons. Their mother is dead and their father is expelled.  Where is the law? This is jungle law, in the twentieth century. Let us go back to the people who elected us and who are badly in need of our services. Let us return to our people so that we may attend to the ambitious projects we had in mind for them.

"We have always voiced the aspirations of our people to all – and when I say "to all" I include the Israelis. Phantoms and sophisticated weapons do not bring peace. The only way to peace is through recognition of and respect for the right of the Palestinian people to return to our homes and to exercise our inalienable right to self-determination and the establishment of our sovereign State in our homeland, Palestine. We are not a people committed to war, and Mr. Weizman and Mr. Barlev put it correctly when they said that the operation in Hebron would have happened even if the mayors deported had said not a single thing.

"We are not a people committed to war, nor do we value violence. The presence of our State would preserve peace, while its continued negation only threatens peace.

"Israel is committed to abiding by the relevant Security Council resolutions aid the article s of the Fourth Geneva Convention of 1949. However, it violated those agreements, with grave consequences, and now it has again violated those agreements, first by expelling us and then by denying us re-entry* The Israelis expelled us without charging us and without giving us the right to defend ourselves. They did not take us to court, but told us falsely that we would be taken to the office-of the Minister of Defence. We never saw anybody. We were masked and thrown across the border.

"After we had been denied re-entry at the bridge – and members know about that – the only weapon we had was the United Nations Security Council resolution. We had it in writing, but the Israelis said "No", despite the almost unanimous decision of this Council.

"I am sorry that I have taken up so much of the Council's time. Let us implement the resolution: let us go hand in hand with the Secretary-General, let us 30 back to our hones. We need no escorts, we need no guards, because we have no submachine-guns, and the Secretary-General and Council members have to say the word of truth that will preserve peace in the world."

Text of the Statement of the Mayor of Al-Khalil (Hebron),

Mr. Qawasmeh in the Security Council on Tuesday, 20 May 1980

(Document S/PV.2223)

"I come to this Council from Al-Khalil; the second oldest city in the history of mankind.  Our Patriarch, Abraham, after several sojourns in Ur of the Chaldees, was hospitably received by the people of Al-Khalil.  There, in the good city of Al-Khalil, Abraham chose to remain until his death.  Throughout history Palestinians of all faiths have lived in Al-Khalil in amity.

"Suliman Abdul Malik 1,300 years ago built Al-Ibrahimi Mosque to venerate the memory of our Patriarch.  Al-Ibrahimi Mosque stands as one of the holiest shrines to Moslems all over the world.  Religious freedom in Al-Khalil weathered the storms of history – a tribute to our Patriarch, Abraham. It was not until the early part of this century that the encroachment of the Zionist movement wrought turmoil and division among the citizens of Al-Khalil.

"In 1967, when the city fell under Israeli occupation, the Israelis, in absolute defiance of all basic human and legal standards, violated the religious sanctity of the Mosque by dividing the holy shrine and establishing a synagogue in it.  And now Moslems may pray only in half of the Mosque, and then only under Israeli guns.

"In 1968 the Zionist occupation forces, attempting to fortify their expansionist policy, approved the establishment of Jewish settlements in the occupied Palestinian territories.  That was done in violation of article 1+9 of the Fourth Geneva Convention, which prohibits the occupying Power from transferring its own population into the occupied area.

"On 10 February of this year the Israeli Cabinet approved the settlement of Jews in the midst of the city.  At that time we protested about the illegal Israeli decision to the Security Council, which immediately convened to consider that illegal action.

"The Secretary-General, Mr. Waldheim, acting upon the request made by this body, extended an invitation to me, in my capacity as the Mayor of Al-Khalil, to appear before this Council and testify on the dangerous situation resulting from the very grave decision of the Israeli Cabinet.

However, as the Council may recall, Israel rejected that decision of the Security Council and thus prevented me from travelling to the Headquarters of the United Nations. Consequently, on 29 February 1980 I sent a letter to the Council, which was circulated in document S/13030. In my letter I described some of the illegal and inhuman activities of the settlers, as well as those of the occupation authorities, against the people of Al-Khalil.

"I do not intend to abuse members indulgence or to tax their patience by repeating the contents of that document in their entirety. Nevertheless, since the international community and world public opinion have been seized repeatedly of the tragic events which have engulfed our beloved city, I believe it helpful to highlight several aspects of our plight.

"The acts of vigilantisn committed by henchmen of Rabbi Levinger and the atrocities committed by the Zionist forces of occupation against the unarmed citizens of the city of Al-Khalil ere living testimony to the racist character of those who are intent on colonizing our land, uprooting us from our homes and property and depriving us of our freedom.

"Since the very first day the settlers arrived in our city they have been terrorizing our women and children.. Just five days ago, the Israeli army entered my house; they went right into the house and beat the women and children inside the house, after I had been deported.  They have been terrorizing our women and children, shooting at our houses and destroying our crops. This is continuing up to this very moment as the Council is in session. Only two days ago the Israeli authorities themselves announced the detention of Rabbi Meir Kahane and some of his followers because of his plans to commit heinous crimes against the Palestinian citizens of the occupied territories.

"It is in this context that I would like to call the attention of the members of the Council to the fact that those barbaric and brutal crimes have not been confined to our city of Al-Khalil they have involved every single Palestinian city and town. Neither the Palestinian population nor the land has been spared violent mutilation by the occupying Power. The Palestinian land, the Palestinian people, were and are its victims.

"We protested by peaceful means. We complained to the Israeli authorities, who, under international law, are obliged to guarantee our safety as citizens under occupation. But our complaints went unheard. On the contrary, the Israeli army offered protection to the perpetrators and in most cases were party to the crimes. And when we came to this august body, which is entrusted with the maintenance of peace and security in the world, the Security Council adopted, on 1 March, resolution 465 (1960), which strongly deplored those Israeli practices and declared them illegal and in violation of United Nations resolutions. With total contempt for the international will expressed in the resolution, the Israeli authorities intensified their oppression of our people by imposing curfews on the towns and cities, limiting the freedom of movement of the inhabitants, enforcing collective punishment, destroying houses and restricting the political activities of the elected officials and leaders of the community.

"As is to be expected of any people that is subjected to alien and oppressive domination, our people continues its struggle by peaceful as well as by armed means. In the same way as the French people fought against nazism and the people of South Africa continue their struggle against racism, our people brought their struggle to its culmination with the events that took place on 2 May at the site of the designated location of the Jewish settlement in the heart of my city, Al-Khalil.

"On that same day, despite the Israeli authorities' knowledge that we had no connexion with that act of resistance, the Zionists expelled my colleagues and me from our homeland to Lebanon. Our expulsion was conducted in a very dramatic and brutal fashion. They kidnapped the three of us from our homes and from among our families in a despicable manner, similar to that of the Nazis. This was done without any respect for our position as elected officials, and this greatly insulted the integrity of our highest religious authority, Sharia Judge Sheikh Rajab Tamimi, by putting canvas tags over our heads from the beginning of the journey until we arrived in southern Lebanon. This is exactly what was done not only to me but also to my Sharia Judge, Sheikh Rajab Tamimi.

"On 3 May, the Security Council was convened once again to discuss our expulsion by the Israeli authorities. On that occasion the Council resolved to call upon Israel to rescind its illegal action and permit our return to our homeland. Following the decision of this Council, my colleagues Mr. Milhem and Judge Tamimi, and I proceeded towards the King Hussein bridge carrying signs bearing the text of the Security Council resolution. The Israeli officers, acting upon instructions from the military governor, prevented us from exercising this basic human right.

"The Israeli Zionist authorities gave, as a Justification for the expulsion of my colleagues and myself, the pretext that statements made by us created the environment for violence in my city, Al-Khalil. This is sheer nonsense; this is a fallacy.

"The decision to expel us was made long before the events of early May. The Zionists decided to expel us when we opposed the Camp David accords and the autonomy plan. Our people consider both as a declaration of war against our right to self-determination, against our right to live in freedom and against the right of the Palestinian to return to his homeland. Those accords are aimed at undermining the national unity of the Palestinian people and at perpetuating the occupation of our country and the subjugation of our people.

"The Zionists decided to expel us before we fought against the Israeli policies of settlement of our lands. They decided to expel us because of our resistance to all the illegal measures and practices adopted by Israel, such as the demolishing of houses, the illegal detention of our people in prisons, the collective punishment imposed upon our people and the expulsion of community leaders.

"They expelled us because we exposed the ugly face of Zionist policies and philosophies to world public opinion. They expelled us because we sent letters to the Council describing the inhuman and brutal realities of occupation. Those were the real reasons for our expulsion on 2 May, and not those alleged by Israel.

"Allow me to ask you, Mr. President, and the other members of the Council, and through you to put a question to the conscience of the entire world: who deserves to be expelled – the victims or the victimizers, the oppressed or the oppressors, the colonial settlers or the indigenous people?  I ask the Council who should be expelled: Rabbi Kahane of Brooklyn or the Mayor of Halhul?  Who deserves to be expelled: Rabbi Levinger of Germany or Sheikh al-Tamimi, whose family ties extend back 2,000 years in Hebron history? Who deserves to be expelled: those who enter Al-Khalil bearing machine-guns or those who are elected by the people of Al-Khalil?

"The Security Council is facing a challenge at this very moment. Its credibility is at stake. If this Council, the highest organ of the United Rations, is unable to ensure the return of three individuals expelled illegally from their homes, how can it expect a whole people to have faith in its decisions?

"In my closing words, I wish to address the representative of the United States and ask him: Sir, your Government claims that it is committed to human rights, democracy, equality and liberty – and to peace and security in the Middle East. And now, if on this moral issue, which is clearly one of basic human rights, your Government chooses to remain silent, then how can we, the Palestinian people, have any confidence or trust in you? How can we trust the United States when it announces in a clear way that the settlements are illegal and, at the same time, gives Israel $3,000 million yearly to build settlements on our land? How can we trust the United States when we listen to it say that it wants peace in the Middle East and, at the same time, it is sending all kinds of weapons, tanks and aircraft to Israel to kill the Palestinian people on the West Bank, in the occupied territories, in Lebanon and elsewhere? How can we trust the United States when it speaks about human rights but now is silent and does not support our return as free persons to our homeland?.

"The Council has granted me an opportunity to express our plight. Mr. President, I wish to thank you and the other; members of the Council. I assure you that we are determined to return to our homes by all means. Freedom is indivisible and Justice will prevail."

On 24 May 1980 the Secretary-General submitted, under Security Council resolution 469 (1980) the following report:

"1.  The present report is submitted in pursuance of Security Council resolution 469 (1980) of 20 May 1980.

"2.  On 21 May, the Secretary-General cabled the following message to the Prime Minister of Israel:

"As you know, through its resolution 469 (1980) of 20 May, the Security Council called again upon the Government of Israel to rescind the illegal measures taken by the Israel military occupation authorities in expelling the Mayors of Hebron and Halhoul and the Sharia Judge of Hebron, and to facilitate the immediate return of the expelled Palestinian leaders, so that they can resume their functions for which they – were elected and appointed'.

"By the same resolution, the Council requested me,to continue in my efforts in order to ensure the immediate implementation of this resolution and to report to the Security Council on the result of my efforts at the earliest possible date.

"May I once again address an appeal to you, Mr. Prime Minister to take the necessary action to respond to the call of the Security Council. I hope very much that you will be able to send me a reply on this matter at the earliest possible date, so that I may report to the Council as required."

"3.  On 23 May, the Secretary-General received from Prime Minister Begin, through the Permanent Mission of Israel, the following reply:

"I thank you for your message of 21 May 1980.

"To my deep regret, neither the first resolution of the Security Council, nor the last, to which your letter refers, makes even a mention of the horrendous atrocity perpetrated by the emissaries of the PLO – whose command in Beirut officially declared responsibility for carrying out their murderous ambush of worshippers returning from prayer. The three men of whom you write openly incited to violence and our Permanent Representative at the United Nations, Professor Blum, brought ample evidence of this fact in his important address before the Security Council.

'I myself read the recent interview with Mr. Kawasmeh in Newsweek, in which he states: 'Yassar Arafat is my representative', and 'the PLO is the only representative of the Palestinians' (The Palestinian Arabs).

'Let it be recalled, Mr. Secretary-General, that the organization headed by Mr. Arafat took responsibility for the recent deadly attack on the children of Misgay Am in addition to the murder of the Hebron worshippers, not to speak of all the other innumerable atrocities always aimed at civilians – men, women and children. Neither let it be forgotten that Mr. Arafat uses every possible occasion to declare that his aim is to see the State of Israel wiped off the map. This, as you know, is plainly stated in the so-called charter of the organization that goes by the name of the PLO. What, then, if not bloodshed and incitement to murder can one expect of a man who brazenly proclaims that the PLO and its head are his spokesmen?

'However, Mr. Secretary-General, the whole matter to which you refer is presently sub judice in our country.

'A petition to allow the return of the three men was submitted to our High Court of Justice for consideration. An order nisi was issued by the Court and hearings will be held on the merits of the case in the course of the next six weeks, den the Supreme Court, sitting as the High Court of Justice, will render its judgement, which will, of course, be carried out by the Government.'

"4.  The Secretary-General is continuing to follow closely developments in regard to this important matter."

2.   Action taken by the

Committee on  the Exercise

of the Inalienable Rights

of the Palestinian People

The Committee held a meeting on 5 May 1980.  The Committee agreed that following the failure of the Security Council, due to the United States' veto to reach a decision on the Committee's recommendations, the Committee had the responsibility of calling for an Emergency Special Session of the General Assembly.

The Committee emphasized that it had this responsibility both by the decision of the General Assembly and the Non-Aligned Summit Conference held in Havana.

The Committee had reservations only on the timing of the Emergency Special Session, due to the Islamic Foreign Ministers Conference in May, the Western European Conference in June and the African Summit Conference in early July.

The Committee decided that consultations on the timing would continue and a decision would be taken in the future.

The Working Group of the Committee held a meeting on 14 May 1980.  In this meeting it was decided that, despite the adoption of resolution 468 (1980) by the Security Council, the Mayors of Al-Khalil (Hebron) and Halhoul, as well as the Sharia Judge from Al-Khalil (Hebron) were not allowed by the Israeli Authorities to return and assume their functions.  Under the circumstances the Committee decided that letters should be addressed by the Acting Chairman of the Committee to the Secretary-General and the President of the Security Council, conveying the serious concern of the Committee over Israel's continued violations of the resolution of the Security Council. Upon the decision of the Committee, the Acting Chairman of the Committee, sent the following letter to the Secretary-General and the President of the Security Council:

"In my capacity as Acting Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and on its behalf, I feel bound to convey to you once again our serious concern over Israel's continued violations of the resolutions of the Security Council and the General Assembly, the Fourth Geneva Convention of 1949 1/ and established principles of international law.  Several previous letters addressed to you by the Chairman of the Committee, as well as by Members of the United Nations, are replete with examples of Israel's total disregard of international law and practice, and of world public opinion.

According to the report of the Secretary-General (S/13938) Israel has now aided to this inventory of defiance by refusing to readmit the mayors of Al-Khalil (Hebron) and Halhoul and of the Sharia Judge of Al-Khalil, despite the adoption by the Security Council of resolution 468 (1960) of 8 May 1980 which called upon the Government of Israel, as the occupying Power, to rescind its illegal measures and to facilitate the immediate return of the expelled Palestinian leaders so that they could resume the functions for which they were elected and appointed.

Committee is seriously disturbed by this additional provocation made in complete disregard of one of the main organs of the United Nations; it is a further obstruction to the prospects for peace and stability not only in the region but in the entire world. Regrettably, it merely demonstrates, once more, that the Government of Israel has no intention of helping to find a peaceful solution of the question of Palestine, which forms the core of the Middle East problem.

"The Committee is convinced that, in the face of this attitude, concrete and practical action by the Security Council is urgently called for in order to prevent a deterioration of the situation and a threat to international peace and security. We have had occasion to urge Security Council action on many previous occasions in the past. Delay only allows the situation to deteriorate further.

"I shall be grateful if you would have this letter circulated as a document of the General Assembly under item 24 of the preliminary list.

1/    United Nations, Treaty Series, vol. 75, No. 973, p. 287.

(Signed) Farid ZARIF
Acting Chairman of the
Committee on the Exercise of the
Inalienable Rights of the Palestinian People"

3.  The Thirty-Third World Health Assembly

adopts a resolution on the health conditions

of the Arab population in the occupied

Arab territories, including Palestine

The following resolution was adopted:

"The Thirty-third World Health Assembly,

"Mindful of the basic principle laid down in the WHO Constitution which provides that the health of all peoples is fundamental to the attainment of peace and security;

"Aware of its responsibility for ensuring proper health conditions for all peoples who suffer from exceptional situations, including foreign occupation and especially settler colonialism;

"Bearing in mind that the WHO Constitution provides that "health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity;

"Affirming the principle that the acquisition of territories by force gravely affects the health, psychological, mental and physical conditions of the population under occupation and that this can be only rectified by the complete and immediate termination of the occupation;

"Considering that the states parties to the Geneva Conventions of 12 August 1949 pledged, under Article One thereof, not only to respect the Convention but also to ensure its respect in all circumstances;

"Recalling the United Nations resolutions concerning the inalienable right of the Palestinian people to self-determination;

"Affirming the right of Arab refugees and displaced persons to return to their homes and properties from which they were forced to emigrate;

"Recalling all the previous WHO resolutions on this matter, especially resolution WHA 6.56, dated 23 May 1973, and subsequent resolutions;

"Recalling resolution 1, A and B (XXXVI), 1980, adopted by the Commission on Human Right which condemns Israel's violations of human rights in occupied Arab territories, including Palestine;

"Taking note of the report of the Special Committee of Experts;

I

"1.  NOTES the report of the Director-General on health assistance to refugees, displaced persons and the Arab populations in the occupied territories, including Palestine;

2.   EXPRESSES its appreciation of the Director-General's efforts and requests that he continue his collaboration with the Palestine Liberation Organization in providing all necessary assistance to the Palestinian people;

II

"Having examined the annual report of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;

"Deeply concerned by the deterioration of the situation suffered by the Agency concerning its budget and the services provided, due to the repeated Israeli aggression;

"1.  THANKS the United Nations Relief and Works Agency for Palestine Refugees in the Near East for its unfailing efforts;

"2.  REQUESTS the Director-General to continue his collaboration with the United Nations Relief and Works Agency for Palestine Refugees in the Near East, by all possible means and inasmuch as to ease the difficulties it is facing and increase the services it provides to the Palestinian people;

III

"l.  EXPRESSES its deep concern at the poor health and psychological conditions suffered by the inhabitants of the occupied Arab territories, including Palestine;

"2.  CONDEMNS all acts undertaken by Israel to change the physical aspects, the geography, the institutional and legal status or context of the occupied Arab territories, including Palestine, and considers Israel's policy in settling part of its population and new settlers in the occupied territories a flagrant violation of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War and the relevant United Nations resolutions;

"3.  DECLARES that the establishment of Israeli settlements in the occupied Arab territories, including Palestine, and the illicit exploitation of natural wealth and resources of the Arab inhabitants in those territories, especially the confiscation of Arab water sources and their diversion for the purposes of occupation and settlement, inflict serious damage on the health of the inhabitants;

"4.  CONDEMNS the inhuman practices to which Arab prisoners and detainees are subject in Israeli prisons, resulting in the deterioration of their health, psychological and mental conditions;

"5.  CONDEMNS Israel for its refusal to implement Health Assembly resolutions calling upon it to allow refugees and displaced persons to return to their homes;

"6.  CONDEMNS Israel for its refusal to apply the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;

"7.  CONDEMNS Israel for its arbitrary practices and its continuous shelling of Palestine refugee housing settlements in southern Lebanon which affects the physical, social and psychological health conditions of the Arab inhabitants, and considers that its refusal to implement resolutions of the World Health Organization constitutes an explicit breach of the letter and spirit of the WHO Constitution;

"8.  ENDORSES the opinion of the Special Committee of Experts that it is "fruitless to imagine that a state of complete physical, mental and social welfare can be achieved" under occupation;

"9.  REQUESTS the Special Committee to continue its task with respect to all the implications of occupation and the policies of the occupying Israeli authorities and their various practices which adversely affect the health conditions of the Arab inhabitants in the occupied Arab territories and Palestine, and to submit a report to the Thirty-fourth World Health Assembly, bearing in mind all the provisions of this resolution, in coordination with the Arab States concerned and the Palestine Liberation Organization."

4.   Commission on Human_Rights adopts two resolutions

on the Question of the

Violation of Human Rights in the

Occupied Arab Territories, including Palestine

The Commission adopted the following resolutions in its Thirty-Sixth Session held from 4 February to 14 March 1980, on the Question of the Violation of Human Rights in the Occupied Arab territories, including Palestine.

A 1/

The Commission on Human Rights,

Guided by the purposes and principles of the Charter of the United Nations as well as the principles and provisions of the Universal Declaration of Human Rights,

Bearing in mind the provisions of the Geneva Convention relative to the protection of Civilian Persons in Time of War of 12 August 1949 and of other relevant conventions and regulations.

Recalling General Assembly resolutions, 32/5 of 28 October 1977, 32/14 of 7 November 1977, 32/20 of 25 November 1977, 32/40 of 2 December 1977, 32/42 of 7 December 1977, 32/90 and 32/91 of 13 December 1977, 32/122 of 16 December 1977, 32/161 and 32/171 of 19 December 1977, 33/113 of 18 December 1978 and 34/90 of 12 December 1979,

Taking into account that the General Assembly has, in resolution 31/20 of 24 November 1976, recalled its resolution 3376 (XXX) of 10 November 1975, in which it expressed grave concern that no progress has been achieved towards:

(a)   The exercise by the Palestinian people of its inalienable rights in Palestine, including the right to self-determination without external interference and the right to national independence and sovereignty,

(b)   The exercise by Palestinians of their inalienable right to return to their homes and property from which they have been displaced and uprooted,

Taking into consideration that the General Assembly has adopted resolution 3314 (XXIX) of 14 December 1971, which defined as an act of aggression the invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof,

Recalling Security Council resolution 452 (1979) of 20 July 1979 which strongly deplores the failure of Israel to abide by Security Council resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968 and 298 (1971) of 25 September 1971 and the consensus statement by the President of the Security Council on 11 November 1976 and Security Council resolution 446 (1979) of 22 March 1979 and General Assembly resolutions 2253 (ES-V) and 2251 (ES-V) of It and 11 July 1967, 32/5 of 28 October 1977 and 33/113 of 18 December 1970,

Taking note of the reports of United Nations organs, specialized agencies, in particular of the reports of the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization,and international humanitarian organizations on the situation of the occupied Arab territories and their inhabitants,

Deeply alarmed by the conclusions of the Special Committee to investigate Israeli practices affecting the human rights of the population of occupied territories contained in paragraphs 367 and 368 of its report 2/ to the United Nations General Assembly which contains inter alia the following conclusions:

"[…] Israel's policy in the occupied territories is based on the so-called 'homeland' doctrine which envisages a mono-religious (Jewish) State established on territory that includes those territories occupied by Israel in June 1967. In was this doctrine that was announced as the basis for decision of the Government of Israel to authorize purchase of land in the occupied territories by Israeli citizens and corporations.
In general it may be stated that, to the extent that the inhabitants of the occupied territories do not form part of the religious group in whose name the Government of Israel claims the right to establish itself, these inhabitants have no rights vis-a-vis the governing authorities (in this case the Government of Israel as a military occupation authority) whenever the exercise of the rights happens to run counter to the 'homeland' policy."

Reaffirming the fact that occupation itself constitutes a fundamental violation of the human rights of the civilian population of the occupied Arab territories,

1.  Calls upon Israel to take immediate steps for the return of the Palestinians and the other displaced inhabitants of the occupied Arab territories to their homes and property;

2.  Declares that Israel's grave breaches of the Geneva Convention relative to the -Protection of Civilian Persons in Time of War of 12 August are war crimes and an affront to humanity;

3.  Condemns the following Israeli policies and practices: (a) the annexation of parts of the occupied territories;

(a) the annexation of parts of the occupied territories;

(b) The establishment of Israeli settlements therein and the transfer of an alien population thereto;

(c) The evacuation, deportation, expulsion, displacement and transfer of Arab inhabitants of the occupied territories, and the denial of their right to return;

(d) The confiscation and expropriation of Arab property in the occupied territories and all other transactions for the acquisition of land involving Israeli authorities, institutions or nationals on the one hand, and inhabitants or institutions of the occupied territories on the other and most recently the expropriation of the Arab electric company of Jerusalem;

(e) The destruction and demolition of Arab houses;

(f) Mass arrests, administrative detention and ill-treatment of the Arab population and the torture of persons under detention;

(g) The pillaging of archaeological and cultural property;

(h) The interference with religious freedoms and practices as well as with family rights and customs;

(i) The continuous interference with and obstruction of the educational and scholastic activities and the brutal suppression of all forms of students opinion, expression and manifestation;

(j) The illegal exploitation of the natural wealth, resources and population of the occupied territories ;

(k) The arming of the settlers in occupied territories to commit acts of violence against the Arab civilians ;

4. Further condemns administrative and legislative measures by the Israeli authorities to encourage, promote and expand the establishment of settlers' colonies in the occupied territories, which further demonstrate Israel's determination to annex those territories;

5.  Reaffirms that all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the occupied territories, or any part thereof, including Jerusalem, are null and void, and that Israel's policy of settling parts of its population and new settlers in the occupied territories constitutes a flagrant violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and of the relevant United Nations resolutions;

6.  Demands that Israel desist forthwith from the policies and practices referred to in paragraphs 3, 4 and 5 above;

7.  Demands that Israel cease forthwith all acts of torture and ill-treatment of Arab detainees and prisoners;

8.  Calls upon Israel to release all Arabs detained or imprisoned as a result of their struggle for self-determination and the liberation of their territories, and to accord to them, pending their release, the protection envisaged in the relevant provisions of the international instruments concerning the treatment of prisoners of war;

9.  Renews its request to the Secretary-General to collect all relevant information concerning detainees, such as their number, identity, place and duration of detention, and to make this information available to the Commission at its thirty-seventh session;

10. Condemns once more the massive, deliberate destruction of Quneitra perpetrated during Israeli occupation and prior to the withdrawal of Israeli forces from that city in 1974, and considers this act a grave breach of the Geneva Convention relative to the Protection of Civilian Persons in Time of War;

11. Reiterates its call upon all States, in particular the States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War in accordance with article 1 of that Convention, and upon international organizations and specialized agencies, not to recognize any changes carried out by Israel in the occupied territories and to avoid taking any action or extending any aid which might be used by Israel in its pursuit of the policies of annexation and colonization or any of the other policies and practices referred to in the present resolution;

12. Calls upon Israel to report, through the Secretary-General, to the Commission at its thirty-seventh session on the implementation, of paragraphs 1, 6, 7 and 6 above;

13. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies and in particular the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organization and the World Health, the regional intergovernmental organizations and the international organizations, and to give it the widest possible publicity, and to report to the Commission on Human Rights at its thirty-seventh session;

14. Decides to place on the provisional agenda of the thirty-seventh session as a matter of high priority, the item entitled "Question of the violation of human rights in the occupied Arab territories, including Palestine", and requests the Secretary-General to bring to the attention of the Commission all United Nations reports appearing between sessions of the Commission that deal with the situation of the civilians of those territories.

B 3/

The Commission on Human Rights,

Recalling its resolution 1 B (XXXV) of 21 February 1979 and General Assembly resolutions 30-2 A (XXVIII) of 7 December 1973, 32/91 A of 13 December 1977, 33/113 A of 18 December 1978, and resolution 34/90 B of 12 December 1979,

Bearing in mind that the provisions of the Geneva Conventions of 12 August 19^9 must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the conflict,

Recalling resolution 10, on the application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 19^9 in the occupied territories in the Middle East, of the XXIIIrd International Conference of the Red Cross held in Bucharest in October 1977,

Recognizing that the failure of Israel to apply the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 poses a grave threat to world peace and security,

Taking into account that States parties to the Geneva Convention of 12 August 1949 undertake, in accordance with article 1 thereof, not only to respect but also to ensure respect for the Conventions in all circumstances,

1.  Expresses its deep concern at the consequences of Israel's refusal to apply fully and effectively the Geneva Convention relative to the Protection of Civilian Persons in Time of War in all its provisions to all the Arab territories occupied since 1967, including Jerusalem;

2.  Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War is applicable to all the Arab territories occupied by Israel since 1967, including Jerusalem;

3.  Condemns the failure of Israel to acknowledge the applicability of that Convention to the territories it has occupied since 1967, including Jerusalem;

4.  Calls upon Israel to abide by and respect the obligations arising from the Charter of the United Nations and other instruments and rules of international law, in particular the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, in all the Arab territories occupied since 1967, including Jerusalem;

5.  Urges once more all States parties to that Convention to exert all efforts in order to ensure respect for and compliance with the provisions thereof in all the Arab territories occupied by Israel since 1967, including Jerusalem;

6.  Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, the regional intergovernmental organizations, the international humanitarian organizations and non-governmental organizations.

_____________

1/ Adopted at the 1538th meeting, on 13 February 1980, by a roll-call vote of 28 to 3, with 8 abstentions.

2/ A/34/631.

3/ Adopted at the 1538th meeting, on 13 February 1980, by a roll-call vote of 28 to 1, with 10 abstentions.

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