FN’s Palæstina-resolutioner

DPV

Fra FN’s generalforsamling 17. december

Nedenfor en oversigt over FN’s (årlige) resolutioner i Palæstina-spørgsmålet. Selve resolutionerne kan findes på www.un.org under dokumenter – generalforsamling – find 17. december.

Hvis man vil se alle annex, findes de sammen med resolutionerne i et større dokument (hvorfra dette er sakset).

Det skal nævnes at der i FN’s 4. udvalg også er et par andre emner,

Ole Olsen, 23/1 2004

GENERAL ASSEMBLY ADOPTS 24 RESOLUTIONS, 2 DECISIONS

AS FOURTH COMMITTEE SUBMITS REPORTS TO PLENARY

Session Approves Texts on Refugees, Israeli Practices,

Decolonization, Information Questions, Outer Space, Radiation

The General Assembly today adopted 24 resolutions and two decisions -– all but two recommended by its Fourth Committee (Special Political and Decolonization) -– on a wide-range of agenda items, including decolonization, information, the effects of atomic radiation, the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and Israeli practices in the occupied Palestinian territories.

Five of the texts related to the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories. Another five focused on the work of UNRWA.

The Assembly reaffirmed the importance of UNRWA’s operations for the well-being of the Palestinian refugees and for the stability of the region, by the terms of a text on assistance to Palestine refugees and support for the Agency. By other terms, it called upon all relevant parties to take effective measures to ensure the safety of the Agency’s personnel, the protection of its institutions and the safeguarding of the security of its facilities. The Assembly adopted that text by a recorded vote of 133 in favour, none against with 35 abstentions (for details of the voting, see Annex V).

Adopting another text by a recorded vote of 162 in favour, to 5 against (Federated States of Micronesia, Israel, Marshall Islands, Palau, United States) with 8 abstentions (Burundi, Cameroon, Costa Rica, El Salvador, Honduras, Nicaragua, Papua New Guinea), the Assembly urged Israel’s Government to compensate the Agency for damage to its property and facilities resulting from actions by the Israeli side, particularly during the reporting period. The Assembly also called upon Israel to cease obstructing the movement of Agency personnel, vehicles and supplies, as well as the levying of extra fees and charges which have a detrimental effect on the Agency’s operations (Annex III).

By a text on assistance to Palestine refugees, the Assembly noted with regret that repatriation or compensation of the refugees had not yet been effected, and that their situation continued to be a matter of concern. It adopted that draft by a recorded 167 votes in favour to 1 against (Israel) with 8 abstentions (Cameroon, Federated States of Micronesia, Honduras, Marshall Islands, Palau, Papua New Guinea, Tuvalu, United States) (Annex I).

A resolution on persons displaced as a result of the June 1967 and subsequent hostilities, adopted by a recorded vote of 168 in favour to 5 against (Federated States of Micronesia, Israel, Marshall Islands, Palau, United States) with 3 abstentions (Honduras, Papua New Guinea, Rwanda), the Assembly affirmed the right of all persons displaced as a result of those hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967 (Annex II).

Adopting a text on Palestine refugees’ properties and their revenues by a recorded 164 votes in favour to 5 against (Federated States of Micronesia, Israel, Marshall Islands, Palau, Rwanda) with 4 abstentions (Cameroon, Honduras, Papua New Guinea, Rwanda), the Assembly reaffirmed that the Palestine refugees were entitled to their property and to income derived from it, in conformity with the principles of equity and justice (Annex IV).

Turning to the work of the Special Committee to Investigate Israeli Practices, the Assembly demanded that Israel cooperate with the Special Committee and expressed grave concern at the situation in the occupied Palestinian territory, including East Jerusalem, since 28 September 2000, as a result of Israeli practices and measures. It adopted that text by a recorded 87 votes in favour to 7 against (Australia, Federated States of Micronesia, Israel, Marshall Islands, Nauru, Palau, United States) with 78 abstentions (Annex VI).

In a related text, the Assembly demanded that Israel cease all practices and actions that violate the human rights of the Palestinian people. It took that action by a recorded vote of 150 votes in favour to 6 against (Federated States of Micronesia, Israel, Marshall Islands, Nauru, Palau, United States) with 19 abstentions (Annex IX).

Adopting a text on Israeli settlements by a recorded 156 votes in favour to 6 against (Federated States of Micronesia, Israel, Marshall Islands, Nauru, Palau, United States) with 13 abstentions, the Assembly reaffirmed that Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and socio-economic development. It reiterated its demand for the complete cessation of all Israeli settlement activity in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan.

The Assembly also, by the terms of the same text, demanded that Israel stop and reverse the construction of the separation wall in the occupied Palestinian territory, which is in departure of the Armistice Line of 1949 and illegal under international law (Annex VIII).

By terms of a text on the occupied Syrian Golan, the Assembly called upon Israel to comply with relevant revolutions, in particular Security Council resolution 497 (1981), in which the Council decided that the Israeli decision to impose its laws, jurisdiction and administration on the Syrian Golan was null and void and without legal effect. It adopted that text by a recorded vote of 163 in favour to 1 against (Israel) with 11 abstentions (Annex X).

The Assembly also adopted, by a recorded vote of 164 in favour to 2 against (Israel, United States) with 3 abstentions (Federated States of Micronesia, France, United Kingdom), a resolution on economic and other activities affecting the interests of the peoples of the Non-Self-Governing Territories. It urged the administering Powers to safeguard their inalienable right to their natural resources (Annex XII).

UNRWA Drafts

The Assembly also had before it five draft resolutions on the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

By the terms of draft resolution I, on assistance to Palestine refugees (document A/58/472), the Assembly would note with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of its resolution 194 (III) in December 1948 and subsequent resolutions on the question, has not yet been effected and that the situation of the Palestine refugees continues to be a matter of concern. It would also note that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in implementing paragraph 11 of that resolution and request the Commission to exert continued efforts in that regard, and report to the Assembly not later than 1 September 2004.

Affirming the necessity of continuing the UNRWA’s work and the importance of its operations and services, the Assembly would call upon all donors to continue to make the most generous efforts possible to meet the Agency’s anticipated needs, including those mentioned in recent emergency appeals.

The Fourth Committee approved the text on 14 November by a recorded vote of 159 in favour to 1 against (Israel), with 8 abstentions (Cameroon, Honduras, Marshall Islands, Federated States of Micronesia, Palau, Papua New Guinea, Tuvalu, United States).

According to draft resolution II, on persons displaced as a result of June 1967 and subsequent hostilities (document A/58/472), the Assembly would reaffirm the right of all persons displaced as a result of the June 1967 hostilities, and subsequent hostilities, to return to their homes or former places of residence in the territories occupied by Israel since 1967. Expressing deep concern that the mechanism agreed upon by the parties (in the 1993 Declaration of Principles on Interim Self-Government Arrangements) on the return of displaced persons has not been effected, it would stress the necessity of an accelerated return of those persons.

In the meantime, by further terms of the text, the Assembly would endorse the Commissioner-General’s efforts to provide humanitarian assistance on an emergency basis and as a temporary measure to persons in the area who are currently displaced and in serious need of continuing assistance. It would strongly appeal to all governments, organizations and individuals to generously contribute to the Agency and other international and non-governmental organizations.

The Committee approved the text on 14 November by a recorded vote of 156 in favour to 5 against (Israel, Marshall Islands, Federated States of Micronesia, Palau, United States) with 6 abstentions (Honduras, Nauru, Papua New Guinea, Rwanda, Solomon Islands, Tuvalu).

By the terms of draft resolution III, on the UNRWA’s operations (document A/58/472), the Assembly would express its appreciation to the Commissioner-General of UNRWA, as well as to all of the staff of the Agency, for their tireless efforts and valuable work, particularly in the light of the increasingly difficult conditions throughout the past year.

Further, the Assembly would take note with appreciation of the report of the Working Group on the Financing of the UNRWA for its efforts to assist in ensuring the financial security of the Agency, and request the Secretary-General to provide the necessary services and assistance to the working group for the conduct of its work. The Assembly would commend the continuing efforts of the Commissioner-General to increase the budgetary transparency and efficiency of the Agency, as reflected in its 2004-2005 budget and also acknowledge the support of the host governments for the Agency in the discharge of its duties.

By other terms, the Assembly would take note of the functioning of the headquarters of the Agency in Gaza City on the basis of the Headquarters Agreement between the Agency and the Palestinian Authority. It would also call upon Israel, the occupying Power, to comply fully with the provisions of the 1949 Geneva Convention on protection of civilians in time of war.

The Assembly would, by further terms, call upon Israel to abide by Articles 100, 104 and 105 of the Charter of the United Nations, and by the Convention on the Privileges and Immunities of the United Nations, with regard to the safety of the personnel of the Agency, the protection of its institutions and the safeguarding of the security of the facilities of the Agency in the occupied Palestinian territory, including East Jerusalem. The Assembly would also urge the Government of Israel to compensate the Agency for damage to its property, and call upon Israel particularly to cease obstructing the movement of the personnel, vehicles and supplies of the Agency and to cease the levying of extra fees and charges, which have a detrimental effect on the Agency’s operations.

Further, the Assembly would request the UNRWA Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the Occupied Palestinian Territory. It would also affirm that the functioning of the Agency remains essential in all fields of operation. The Assembly would also reiterate its request to the Commissioner-General to proceed with the modernization of the archives of the Agency through the Palestine refugee records project, and to indicate progress in his report to the General Assembly at its fifty-ninth session.

By further terms, the Assembly would reiterate its previous appeals to all States, specialized agencies and non-governmental organizations to continue to augment the special allocations for grants and scholarships for higher education to Palestine refugees, in addition to their contributions to the regular budget of the Agency, and to contribute towards the establishment of vocational training centres for Palestine refugees. It would request the Agency to act as the recipient and trustee for the special allocations for grants and scholarships.

The Assembly would, by other terms, urge all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the ongoing financial constraints, exacerbated by the current humanitarian situation on the ground, and to support the Agency’s valuable work in assistance to the Palestinian refugees.

The Committee approved the text on 14 November by a recorded vote of 150 in favour to 5 against (Honduras, Israel, Marshall Islands, Federated States of Micronesia, Palau), with 11 abstentions.

Draft resolution IV, on Palestine refugees’ properties and their revenues (document A/58/472), would have the Assembly reaffirm that the Palestine refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of equity and justice. By other terms, the Assembly would request the Secretary-General to take all appropriate steps, in consultation with the United Nations Conciliation Commission for Palestine, for the protection of Arab property, assets and property rights in Israel, and call once again on Israel to render all facilities and assistance to the Secretary-General in the implementation of the resolution.

Further, the Assembly would call upon all the parties concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel that would assist him in the implementation of the present resolution. It would urge the Palestinian and Israeli sides to deal with the important issue of Palestine refugees’ properties and their revenues in the framework of the final status negotiations of the Middle East peace process.

The Committee approved the text by a recorded vote of 153 in favour to 5 against (Israel, Marshall Islands, Federated States of Micronesia, Palau, United States), with 9 abstentions (Cameroon, Fiji, Honduras, Nauru, Papua New Guinea, Rwanda, Solomon Islands, Tuvalu, Vanuatu).

By the terms of draft resolution V, on assistance to Palestine refugees and support for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) (document A/58/472), the Assembly would affirm the necessity for continuing the Agency’s work, and the importance of its operation and services for the well-being of the Palestine refugees and for the stability of the region, pending the resolution of the question of the Palestine refugees. The Assembly would also call upon all States to make the most generous efforts possible to meet the Agency’s anticipated needs, including those mentioned in recent emergency appeals, and to support the Agency’s valuable work in providing assistance to the Palestine refugees.

The Assembly would endorse the efforts of UNRWA’s Commissioner-General to continue to provide humanitarian assistance, as far as practicable, on an emergency basis and as a temporary measure, to persons in the area who are currently displaced and in serious need of continuing assistance as a result of the June 1967 hostilities. It would strongly appeal to all governments, organizations and individuals to generously contribute to the Agency and to other intergovernmental and non-governmental organizations concerned, and reiterate previous appeals to augment the special allocations for grants and scholarships to Palestine refugees, in addition to their contributions to the UNRWA’s regular budget.

By other terms, the Assembly would appeal to all States, specialized agencies and other international bodies to extend assistance for higher education to Palestine refugee students and to contribute towards the establishment of vocational training centres for Palestine refugees, and request the Agency to act as the recipient and trustee for the special allocations for grants and scholarships.

Further by the text, the Assembly would note the success of the Agency’s microfinance and enterprise programmes, and call upon the Agency, in close cooperation with the relevant agencies, to continue to contribute towards the development of the economic and social stability of the Palestine refugees.

The Committee approved the text on 14 November by a recorded vote of 109 in favour to none against, with 54 abstentions.

Israeli Practices

Before the Assembly were five draft resolutions on the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (document A/58/473).

By the terms of draft resolution I, on the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, the Assembly would reiterate its demand that Israel, the occupying Power, cooperate with the Special Committee. By other terms, it would deplore those policies and practices of Israel that violate the human rights of the Palestinian people and other Arabs of the occupied territories as reflected in the Special Committee’s report. It would express grave concern about the situation in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000, as a result of Israeli practices and measures, and especially condemn the excessive and indiscriminate use of force against the civilian population, including extrajudicial executions, which has resulted in more than 2,600 Palestinian deaths and tens of thousands of injuries.

Also by that draft, the Assembly would request the Special Committee, pending complete termination of the Israeli occupation, to investigate Israeli policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, especially Israeli violations of the Geneva Convention. The Special Committee would also be requested to consult with the International Committee of the Red Cross (ICRC) to ensure that the welfare and human rights of the peoples in the occupied territories are safeguarded and to report to the Secretary-General.

The text was approved on 14 November by a recorded vote of 85 in favour to 7 against (Australia, Israel, Marshall Islands, Federated States of Micronesia, Nauru, Palau, United States), with 73 abstentions.

By the terms of draft resolution II, on the applicability of the Geneva Convention, the Assembly would reaffirm that the Geneva Convention is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, and demand that Israel comply scrupulously with the provisions of that Convention. It would call upon all High Contracting Parties to the Convention to continue to exert all efforts to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory.

The text was approved on 14 November by a vote of 155 in favour to 6 against (Israel, Marshall Islands, Federated States of Micronesia, Nauru, Palau, United States), with 7 abstentions (Cameroon, Honduras, Papua New Guinea, Solomon Islands, Rwanda, Tuvalu, Vanuatu).

Also before the Assembly was draft resolution IIIon Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan. By that text, the General Assembly would reaffirm that Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development.

The Assembly would also call upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the occupied Palestinian territory, including East Jerusalem, and to the occupied Syrian Golan, and to abide scrupulously by the provision of the Convention, in particular article 49.

Further by the text, the Assembly would reiterate its demand for the complete cessation of all Israeli settlement activities in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan.

Regarding the construction of the wall in the Occupied Palestinian Territory, the Assembly would demand that Israel stop and reverse its construction, including in and around East Jerusalem, which it states is in departure of the armistice line of 1949 and is illegal under international law.

By other terms, the Assembly would stress the need for full implementation of Security Council resolution 904 (1994), in which, among other things, the Council called upon Israel, the occupying Power, to continue to take and implement measures, including confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory. The Assembly would reiterate its calls for the prevention of all acts of violence by Israeli settlers, particularly in the light of recent developments.

The text was approved on 14 November by a vote of 149 in favour to 7 against (Israel, Marshall Islands, Morocco, Nauru, Palau, Solomon Islands, United States), with 12 abstentions.

According to draft resolution IV, regarding Israeli practices affecting the human rights of the Palestinian people and other Arabs of the occupied Palestinian territories, the Assembly would determine that all measures and actions taken by Israel, the occupying Power, in the occupied Palestinian territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention on the protection of civilians in wartime, and contrary to the relevant resolutions of the Security Council, are illegal and have no validity. Further, the Assembly would demand that Israel, the occupying Power, comply fully with the provisions of the relevant Geneva Convention and cease immediately all measures and actions taken in violation of the Convention, including extrajudicial executions.

By a further provision, the Assembly would condemn all acts of terror, provocation, incitement and destruction, especially the excessive use of force by Israeli forces against Palestinian civilians, resulting in extensive loss of life, vast numbers of injuries and massive destruction. The Assembly would also condemn the events that occurred in the Jenin refugee camp in April 2002, including the loss of life, injury, destruction and displacement inflicted on many of its civilian inhabitants.

Further, the Assembly would demand that Israel, the occupying Power, cease all practices and actions that violate the human rights of the Palestinian people. It would also stress the need to preserve the territorial integrity of all the occupied Palestinian territory and to guarantee the freedom of movement of persons and goods within the Palestinian territory, including the removal of restrictions on movement into and from East Jerusalem, and the freedom of movement to and from the outside world.

The Committee approved that text on 14 November by a vote of 141 in favour to 7 against (Israel, Marshall Islands, Federated States of Micronesia, Nauru, Palau, Solomon Islands, United States), with 19 abstentions.

By the terms of draft resolution V, on the occupied Syrian Golan, the Assembly would call upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian Golan, in particular Security Council resolution 497 (1981), in which the Council decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel, the occupying Power, rescind its decision.

The Assembly would also call upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and to desist from the establishment of settlements. It would determine that all legislative and administrative measures and actions taken by Israel that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention, and have no legal effect.

Further by the draft, the Assembly would call upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and from its repressive measures against the population. It would also deplore Israel’s violations of the Geneva Convention and call once again upon Member States not to recognize any of the legislative or administrative measures referred to in the draft.

The Committee approved the text by a vote of 155 in favour to 3 against (Israel, Nauru, Solomon Islands), with 11 abstentions.

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