REPORT OF THE COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGIITS OF THE PALESTINIAN PEOPLE GENERAL ASSEMBLY OFFICIAL RECORDS: FORTY·FIRST SESSION SUPPLEMENT No. 35 (A/41/35) 'JNITED NATIONS , . / REPORT OF THE COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS OF THE PALESTINIAN PEOPI.JE GENERAL ASSEMBLY OFFIClAL RECORDS: FORTY-FIRST SESSION SUPPLEMENT No. 35 (A/41/35) UNITED NATIONS New York, 1986 NOTE Symbols of United NlItions documents are composed of capital letters combined with ligures. Mention of such 1I symbol indiclltes a reference 10 a United NlItions document. [Orig>.al. English) [11 September 1986) CONTEN'fS Paragraphs LETTER OF TRANSMITTAL ······································ ················ I. II· Ill. INTRODUCTION ······························.··············· MANDATE OF THE ~ITTEF. Page 1 2 3 1- 6 7-9 ·································· ORGANIZATION OF WORK ···········.·························· A. 10 - 15 10 - 12 13- 14 4 4 4 Election of officers Parti,ipation in the work of the Committee ············ Re-establishment of the Working Group ················· B. C. IV. 15 16 - 101 16 - 72 4 5 ACTII)N TAKEN BY THE {,.'OMMITTEE ····························· A. Action taken in accordance with General Assembly resolution 40/96 A of 12 December ::'985 ············ ' ··· 1. Review o~ the situation relating to the question of Palestine and efforts to implement the recommend, ions of the Committee ···· _············· Reactions to developments affecting the inlienable rights of the Palestinian people ·················· Action taken by the Committee to promote lhe convening of the proposed International Pe~ce Conference on the Middle East in accordance with General Assembly resolution 38/58 C of 13 Decem'ber 1983 ···..·····.....·.··....·.·........ 5 16 29 5 2. 3. 30 - 63 7 64 - 70 71 12 J.4 4. 5. Attendance at international conferences and meetings . Action taken by United Nations bodies, the Movement of Non-Aligned Countries and intergovernmental organizations ····································· 72 14 B. Action taken by the Committee in accoraa~ce with General Assembly resolutions 40/96 A and B of 12 December 1985 .' ······················· _············ 1. 2. 3. Co-operation with non-governmental orga~_zations.. 73 - 99 73 - 88 89 - 99 100 - 101 16 16 18 20 Seminars ·········································· Other activities ·································· -iii- CONTENTS (continued) Paragraphs Page 21 23 v. VI. ACTION TAKEN BY THE DEPARTMENT OF PUBLIC INFORMATION IN ACCORDANCE WITH GENERAL ASSEMBLY RESOLUTION 40/96 C....... RECOMMENDATIONS OF THE ~ 102 - III 112 - 120 'TEE ·························· Annexes I. 11. Recommendations of th~ Committee endorsed by the General Assembly at itc thirty-first session ·············································· Geneva Declaration on Palestine an~ the Programme of Action for the Achievemeht of Palestinian Rights ····································· List of documents issued by the Committee ····························· 25 28 38 Ill. -iv- LE'l'TER OF TRANSMITTAL 8 September 1986 Sir, I have th. honour to enclc.e herewith the raport of the Committee on the Exercise of the Inalienable Rights of the Palestinian People for submission to the General Assembly in accordance with paragraph ~ of resolution 40/96 A of 12 December 1985. Accept, Sir, the assurances of my.hiqhest consideration. (Signed) ~assCudba SARRE t:hairmar. of the Committee on the Exercise of the Inalienable Rights of the Palestinian Peoplv His Excellency Mr. Javier P~rez de Cu'llar Secretary-General of the united Nations -1- I. INTRODUCTION 1. The Committee on the Exercise of the Inalienabl. Riqhts of the Palestinian People, estattUshed by General Assembly relJoludon 3376 (XXX) of 10 November 1975, is currently composed of 23 Member States. 11 2. The tiut report of the Committee y contained apecifi.: recommendations desiqned to enable the Pa".estinian people to exercise their inalianable rights as previously recOQnized and defined by the General Assembly. Those recommendations were first endorsed by the Assembly in its resolution 31/20 of 24 November 1976 as a basis for the solution of the question of Palestine. 3. In its subsequent reports to th~ General Assembly, 1/" the Committee retained its original recommendations unchanged. On each occasion they have been more firmly endorsed by the Assembly, which has also continuad to renew and, as necessary, expand the mandate of the Committee. -I. Despite repeated appeals by the Committee, however, the Security Council has still not acted on or implemented the recommendatio~s of the Committee owing to the attitude of a permanent me~~~r. The Committee ~emains convinced that, if the Security Council were to ado~t positive measures to implement those recommendationc, the posslbil ity of the establishment of a just, lasting an(J ~omprehensive peace in the ~Iddle East would be increased. 5. Meanwhile, Israel has continued to occupy Palestinian and other Arab territories, includinq Jerusalem, in violation of Security Council and General Assembly r.esolutions, and to take measures to strengthen its ~ntrol, includinq qrowing repr&8sion of the local population and the expansion of settlers' activities. Israel has also continued to prevent the United Nations Interim Force in Lebanon (UNIFIL) from deployinq forces along the internationally recOQnized bo~ndaries of Lebanon, in violation of Security Council resolutions. As a consequence of the policies and practices of Israel and of the resultinq lack of proqre8S towards a peaceful, just, dural)le and comprehensive solution, tension and violence have continued to grow in the area, further endangering international peace and security. The Committee has therefore continued to stress that this situation will prevail as long as the Palestinian people is prevented from exercising its inalienable rights to self-determination, national independence and sovereignty and to return to its homes and property, and as long as the Palestinian and other Arab territories remain occupied, 6. In orCier to secure United Nations objectives on the question of Palestine, during the period under review, the Committee continued to give priority to the early ~onveninq of the proposed Internatlonal Peace Conference on the Middle East, under Uni ted Nations auspices and in accordance wi th the provisions of General Assembly resolution 38/58 C of 13 December 1983. The Committee is convin~ed that the confetence would undOUbtedly facilit~te the search for a just and l&stinQ peace in the Middle East and has called on ail parties concerned to co-operate in order to ensur.e its success in the common interest. The Committee regrets it has not so fac sensed any change in the negative attitude of I-tael and the United States cf America concerning the conveninq of the conference, and ~presses the sincere hope that a positive change will urgently be forthcominq. -2- 11. MANDATE OF TU ~ITTEE 1. The Committee's man\~ate for the year 1986 is contained in paragraphs 3 to 5 General Assembly resolution 40/96 A of 12 December 1985 by which the Assemb11 1 (a) Requested the Committee to continue to keep under r.view the situation relating to the question of Palestine a. well a. the implementation of the Programme of Action for the ~hievement of Palestinian Rights ~ adopted by th~ International Conference Iln the Question of Pale.tine, and to report and make suggestions to th, General A8sembl1 or the Security Council, as ~ppropriate, (b) Authori~ed the Committee to continue to exert all efforts to promote the implementation of its recommendations, including representation at conference. and meetings and the sending of delegations where llIuch activities would be considered by it to be appropriate, and to report thereon to the General A8sembly at ita forty-first session and thereafter, (c) Requested the CallmHtee to continue to extend its co-operation to non-goverilmental organizations in their contribution toward. hc..d ,ghtening international awareness of the facts relating to the question of palestine and in creating a more favourable atmosphere for the full implementation of the Callmitt~e's recommendations, and to take the necessary steps to expand its contact. with those organizations. 8. By its lesoluU:)n 40/96 B of 12 December 1985, the General Assembly a180 requested the Sec~etary-General, inter alia, to ensure that the Division for Palestinian Rights of the Secretariat continued to discharge the tasks detailed in previous resolutions. in consultation with the CommitteG and under its guidance, and to Lrovide that Division with the necessary resources to accomplish its tasks and to expand its work prograr,lIrle, parti.cularly through additional meetinge fo~ non-governmental or~anizationa. 9. By resolution 40/96 C ~f 12 December 1ge5, the General Assembly requeeted the Department of Public Information, in full co-operatio~ and co-ordination with the Committee, to continue its special information proqr.mme on the queetion of Palestine. -3- Ill. A. ORGANIZATION 01" WORK Election ot otticera 10. At its l20th meeting, on 29 OCtober 1985, the Committee elected by acclamation Mr. George Agiua (Malt.) .a ita Rapporteur, replacing Mr. ~ictor J. Gauci (Malta), who had taken up another a·· ignment tor hi. country. 11. At it. l26th .eeting, on 16 January 1986, tne Committee decided to re-elect the follow.ing offioera. OIair..na Vioe-chairmen. Rapporteutl Mr. Ma.samba Sarr' (Senegal) Mr. 080ar Ora...-Oliva (Cuba) Mr. Mohammad Farid Zarif (Afghanistan) Mr. Geotge Agius (Malta) 12. At it. 127th . .eting. on 29 January 1986, the vommittee adopted its programme of work for 1986 (A/AC.l83/l986/CRP.ljRev.2) in implementation of its mandate. B. Participation Mon the work of the Call1l.ittee 13. All in previous years, the COIlftittee reconfirmed that all States Merrbers of the unitild Nation. and Per_nent Ob.ervere to the Jni tee! nations e!eBi ring to participatt. in the work of the COIIIIittee a. observers were welcome to do so. Accordingly, in a letter dated 3 FeLruary 1986, the Chairman ot the Committee so infor.ed the Secr.tary-General, ~ho subsequently transmitted the letter, on 20 ..bruary 1986, to States Member. ot the United Nations and members ot the ar,~ialhed agencies, and -'" intergovernmental regional organizations. The Ca..ittee also decid~ ~u invite the Palestine Liberation OLganizaticn (PLO) to ~rticipate in the work ot the eom.ittee .s an ob.erver, to attend all its meetings and to make observations and proposals for the consideration of the Committee. 14. During 198~ the Comlllittee aglllin welcomed as observers an the states and organizations that haa participated in the preceding year. ~ The Committee also welcomed tbe additional participation ot Bulgaria from 16 July 1986. C. Re-establishment ot the Working Gro~ 15. At its 126th meeting, the Committee re-established its Working Group to assist in the preparation and expedition of the work ot the Committee. The working Group w.s constituted .s before under the chairmanship of Mr. George Agius (Malta) and thti vice-chairmanship ot Me. Savitrl ~unadi (India), on t~e understanding that any Committee member or observer could palticipate in its proceedings. !I -4- IV. ACTION TAKEN BY THE COMMI'l'TF.E A. 1. Assembl Review of the .ituation rel.ting to the qu.stion of P.lestin· · nd .ffort. to implement the reco. .ndl'Hons of the Committ·· 16. 1n .ccordance with it. mandat., in the ye.r under revi.w the Committ·· continued to follow developaent. rel.~iflg to the question of Palestine and to exert .11 effort. to pro.ot. the implement.tion of it. recommend.tions as repe.tedly endor.ed by the Gener.l Aa.embly. 17. In re.pon.e to event. in the region affecting the in.lienabl. rights of the P.le.tini.n people, the Ch.irman of the Committee on .everal occasions, whenever urgent action w r6~uired, brought .uch dev.lopments to the .ttention of the ·· secretaryooGeneral .nd the Pre.id.nt of the Security CouncIl, .nd c.lled for a~opri.te ....ur·· in accordance with United Nations res ,lutions (see sect. 2 (a) below). Theee letter. were .ent .g.in.t a backdrop of continued milit.ry occupation and gr.du.l annexation by I.r.el of the P.l·· tini.n .nd Ar.b territorie., which re.ulted in · growing spir.l of conflict, tension .nd violence in the r89ion. 18. The ee.mitte. w incre.singly concerned th.t the situation in the occupied ·· P.le.tinian territories h.d continued t~ deterior.te, according to teports i.sued by · variety of .ource., .uch as Government., United Nations agencios, intergovernment.l .nd non-government.l org.niz.tions, individual experts .nd the lIedi.. The Committee .1~ reviewed with gr.ve preoccupation the wor.ening .ituation of P.le.tinian refugee. in .outh Leb.non, as · re8ult of Israeli expan.ioni.t policies .nd pr.ctice·· 19. The information reviewed by the Committ(r l.ft no doubt th.t Isr.el h.d per.i.ted in it. policy of confi.cating Ar.b-JWfted l.nd in the occupied P.le.tini.n territories .nd of incre··ing the aize .nd number of it8 settlements, despite the fact that .uch policy i. in viol.tion of the Genev. Convention relative to the Prot.ction of Civil Peraon. in Time of War, of 12 August 1949, 11 .nd contr.ry to United Nation. re.olution.. At the .... time, 1.r.el h.d continUed in its policy of Judah.tion of the occupied Palestini.n territories through their gradu.l economic .nd ~dmini.tr.tive incorpor.tion into the I8r.eli nation.l sy.tem .nd the cre.tion of condition· ·imed .t forcing the P.l.stinian popul.tion to .migrate from the~r land. 20. ~. i~ ,'f~vioJa ye.r., this cre.ping annex.tion of the occupied P.l.stini.n territories ",,'J aCOOIIP.n.l..d by ....ur·· de.igned to suppress .11 forms of ,e.i.tance .n~ of politic.l, .oci.l, cultur.l .nd economic expre.sion of the P.1e.tini.n people, ·· we)l a. by .cts of violence and provoc.tion by Is~.eli troops an4 by armed Jewish settlers .qainst Palesthians. 21. The ~itte. continued to be gr.vely concerned at the reinstatement in August 1985 of th. emergency regUlations of 1945, introduced during the British Mand.te, which provide. inter alia, for deport.tion of persons, .dministr.tive detention without ch.rges or trial for renew.ble six-month periods, .nd the closing-down of newspapers. Thls meallure wall reported to have become the corner-.tone of · new repr.ssive policy aimed .t ~uTbihg activities in opposition -5- to the occupation of the occupied Palestinian territorieA, and had been directed pri-arily at univer.ity students, trade unionists and 1our~lalists. It had resulted in the deportation ot aome 29 Palestinian activists from tile occupied Palestinicn territor'e. during the period from August 1985 to April ~986 and the detention o~ .are than 130 Palestir,ians in the same period. Restrictions orl freedom of move~ent continued to be applied, such as denial of travel permitft to sttend meetings abroad and the refu.al to allow re-entry to Palestinians who had been abroad. MeAsur~9 had been take~ to ~uctail trade-union activities, such a8 the banning of meetings, .earching of trade-uniorl premisfts, confiscation of documents and refusal to register new Arab unions. 22. The Committee also received reports indicating that arbitrary arrests and short-term d~tention without c~,rge or trial continued in th~ occupied Palestillian territories. It was also alleged that instances of torture had continued~nd that the conditiorls of detention and imprisonment of Palestinians continUed to ~ inhumane, and inCluded overcrowding, poor food, lack of adequate m~ical care, physical violence and verbal abuse by security guards. Palestinian political prisoners at aoveral prisons had engaged in hunger-strikes at various times in protest against such conditions. 23. Reports in the Israeli and Arab press in the period under review also indicated that acts of collective punishment and other forms of repression against the Pelestinian populatton by the Israeli occupying forces had become an almost routine occurrence. Thdre wete numerous reports of the use of tear-gas and the shooting of demonstrators, the storming of schools and refugee camps, the destruction of homes of residents accused of involvement in se~urity incidents, house-to-house searches, beatings, the clO8ing of schools and destruction of school property and various other forma of intimidation and harassment directed at the local population. Newspapers had been clO8ed down on repeated occasions a~d censorship measures agair.st tha Arab press and individual journalists, writers, publishers and bookshop owners had continued unabated. 24. The Committee was a180 seriously concerned at reports of continUed provocative activity by Jewish settlers, particularly their acts of vandalism and profanation directed at the Muslim holy sites in Hebron and Jerusalem, particularly tha Har.. al-Sharif and the Al-Aqsa Mosque, and their increasing encroachment on Arab lands and Arab towns, such as in Hebron, which was often accompanied by vIolence and destruction of property. 25. The Committee was gravely concerned at reports that the occupying authorities had continued in their policy of establishing complete economic control over the occupied Palestinian territories and of transforming them into a dependent entity wh08e socio-economic devel~~~ent would be geared to the benefit of Israel and not of the Palestinians, and to preventing the Palestinian people from exercising its right to self-determination and to establish its own independent State. 26. According to the annual report prepared by ~he International tab0ur Offic~, the economy of the occupied territories had continued to stagnate, there had bean a decline in private investment and a slow-down in pUblic investment, whil~ incrftased taxes had been criticized as unfair in view oC the few services the territories were offered in return. Unemployment, particularly among college graduates, had continued to grow. A large percentage of the revenue of the territories continued to come from the employment of residents in Israel, in most ca~es under conditions of inequality. The situation therefOre was not conducive to autonomous development of the occupied Palestinian territories. -6" 27. n.ports ~eaching the Committee showed that the health situation of the Palestinian population remained unfavourable, with high infant mortality rates, nutritional problems and deficienc~e8 in 8anitation and water supply. There were continuing problem8 of laCK of access by Palestinians to adequatu medical facilities, owing to the insu:Uciency of facilities in the occupied territories, particularly after the closing of the Hospice hospital in the old city ot Jeru8alem, and to the high cost of medical care in Israel. In this respect, the Committee d.plor~d the fact that the Special Committee of Experts of the World Health Organization (WHO) had been refused access to the occupied territories by the Isr.eli authorities, and noted that that Committee had expressed its great concern at th~ health situation in those territories. 28. The Committee wishes once again to express its utmo8t concern at the8e policiea and I;Tactices of the Israeli autho~ities and to bring them forcefully to the attentl~~ of the General AS8embly and the Security Council as they clearly violat.:e thfl lOllrth Geneva Convention of 12 August 1949 7/ and have fler ioos repercus~ions not only on the attainment by the Palesti~ians of their inalienable rights, but also on peace and security in the region, a~d en international effort~ to achieve a just, lasting and comprehensive solution to the question of Palestine, the COle of the Middle East conflict. 29. At the sam~ ti.e, the Committee noted with appreciation that, in h1s repo.t on assistance tc the palestinian ~ople (A/4l/3l9-E/1986/72 and COrr.l and Add.l and 2), the Sectetary-General indicated that agencies, organs and programmes of the United Nations system were continuing to provide assistance in accordance with their rospective mandates and that the programme was viewed 1n the area as an increaaingly important factor in the efforts to achieve development and self-sufficiency in the occupied territories. 2. (a) Reactions to develOpments affecting the inalienable rights of the Palestinian people Communications to the Secretary-General and the President of the security Council 30. In response to developments affecting the inalienable rights of the Palestinian people, the Chairman or the Committee on seve(~l oc~aslons, whenever urgent action was required, drew the attention of the Secletary-Gener3l and of the President of the Security Council to such developments and urged them to take appr~prlate meaBures in accordance with United Nations resolutions. 31. In his lett~rs, the Chairman reiterated that the policies and practices of the Israeli authorities in the occupied territories were in violation of the fourth Geneva Convenhon, the Universal Declaration of Hum'ln Pights, and united Nations resolutions, and posed a serious obst~~le to international efforts to achieve ~ just and lasting solution to the Palestine question, the core of the Middle East conflict. The letterb also streslied the urgent necessity for a concentrated internutional effort towards a just solution to the Palentinian question and called for all early convening of the proposed It ernational Peac,. Conference on the Middle East, in accordance with General Assembl resolution 38/58 C. 32. In a letter dated 13 November 1985, addresB~1 to the Secretary-General (A/40/889-S/l7630), the Chairman drew attention to action taken against Palestinidns in the occupied territories ss a result of the decision by the Israeli · -7- .uthoriti·· to r.in.tat. polici·· of administrative d.tention for up to six months without tri.l, d.port.tion of per.on. who w.r. cons4d.red Ns.curity risks N, incr····d cen.or.hip and ot~.r ~.a.ur.s. 33. In the same letter., ~~. Chairman drew attention to reports that deportation ord.r. had be.n i ··ued on 28 october 1985 again.t four well-known Palestinian .ctivi.t. from the w ··t Bank. Th. int.nded d.portation. had been protested by nu··rou. groups and individual. within I.r~el and abroad. 34. Finally, the Chairman cited r.port. that arre.ts without char~e had continued, .nd th.t 104 ptlople h.d b··n detained. He detailed other measures taken against P.l·· tini.na, .uch 8. curf.wa, .earch.a, d.struction of house. and censorship ....ur·· ag.in.t the Arab pr.ss. 35. In a l.tt.r dated 5 lfObruaty 1986, addr ····d to the Secl.tary··General (A/41/140-S/11800), the Chairman again took up the matter of deportation orders is.u.d by the Isra.li military authoriti.s against Palestinians in the occupiP.d W ··t Bank. H. r~f.rred to news dispatch.s r.porting that three of the persons ..ntion.d in his l.tt.r of 13 Nov.mber 1985 (s·· para. 33 above) had withdrawn their High COurt App.als against their deportation orders stating that they could not .xpect to g.t a fair trial in Israel. The Chairman noted that, under Israeli law, d.f.nc. l.wyers were not allowed to view .\lidence against their clients which jUdg·· beli.ved would ha~m Isra.li intelligence networks in the occupied t.rritori... Th. High Court had, moreov.r, decided to disallow d.fenc. arguments ba··d on the applic.bility of the fourth Geneva Conv.ntion of 1949 to the occupied P.l.stini.n t.rritori... The deportation olders had been carried out despite the obvious injustice of a meaBure ~gainst w~ich there had been numerous protests, in I.r··l as well as ~~road. 36. In the same l.tt.r, the Chairman said that the Israeli military governor had ··rved d.port.tion orders on four other West Ban!' Palestinians. If these we':e to t.ke plac., the number of Palestinian. expelled from the occupied territories since the summ.r of 1985 would reach 2? The Chairman rec~lled that the Security Council h.d r.affirmed on sev.ral occasions the applicabilit} of the fourth Geneva COnv.ntion of 12 Augu.t 1949 11 to the occupied territories and that the General As··mbly had .dopt.d resolution 40/161 E of 16 December 1985, calling specifically for cancellation of the d.portation orders against the four PaleRtinians mentioned .bov., and for an end to all deportations from the occupied territories. 31. In a letter dated 24 March 1986, addr.ssed t.o the Secretary-General (A/.l/229-S/l1935), the Acting Chairman expressed the Committee's grave concern th.t the Isra.li authorities had again refused travel permits to Palestinia~s liVing in the occupied t.rritories who had belln invited to attend a meeting .pon.or.d by the Committee, namely, the meeting held at Geneva from 6 to 1 Mar~h to pr.par. for the Non-Governmental Or.ganizations International Meeting. He recalled that the Committ.e had had occasion in the past to deplore measures taken by the I.raeli authorities again.t participation by Palestinians in United Nations ..-tings on the question of Palestine. 38. Th. Acting Chairman added that, in the opinion of the Committee, those measur·· w_r. not based on s.curity considerations, but rather, had been aimed at barring int.rnational expt>sur. of conditions in the occupied ten itor; 'Il and at pr.v.nting a meaningful dialogue among the various forces devoted to I~aceful solution, including the Palestinian people themselves. The Acting Chairman appealed to the Secretary-General to do all in his power to ensure that in futuce .0 -8- the l.raeli authoriti.. would not prevent Pale.tinian. from participating in m ··ting. organiaed by the Comaitt.e. 39. In a l.tter dated 5 Jun. 1986, addrep8ed to the Secr.tary-General (A/4l/399-S/l8l33 .nd Corr.l), the Chairm.n expr ····d the Ca-mitt·· '. qrav. conc.rn at rec.nt report. from the United Nation. R.li.f .nd Work. Agency for Pal··tin. R.fug··· in the N.ar E··t (UN~'~) and in the media reg.r~i~~ r.newed .tt.ck. again.t P.l··tini.ne in the r.1Jq ·· camp. of S.br., Bhatila and Burj .l-Barajn.h in B.irut. The eo.mltt·· wa. particularly di.tr ····d to l.arn th.t n.ith.r UNRMA nor the Int.rn.tion.l Committ·· at the Red Cro·· h.d b··n p.rmitted to .nt.r the ca.o. to evacuate the wounded .nd provide medical h.lp. 40. Th. Ch.irman r.a···rted that the United Nation., .nd 1n particular the Security Council, h.d · cl·· r r ··pon.ibili,y to en.uu the phyaic.l .afety of the Pal·· tini.n. and to bring about the .x.rcl·· of th.ir inali.nabl. right., and urged the Secr.tary-Gen.r.l to continue to do .11 in hi. pow.r to put .n end to the .~n· ·l ··· viol.nce again.t the Pal.atinian r.fuq~ camps and to pra.ot. proqre.~ tow.rd. the .ttainm.nt of a ju.t .nd la.ting .olution in accordanc. with United N.tion. r ··01utiOl.... 41. Th. Chair.an r.v.rted to the .ame i ··u. in hi. l.tter of 13 Jun. 1986 (A/41/413-S/18159), st.ting that d··pit. the app..l of the Security Council, the .tt.ck. again.t the r.fug·· camp. h.d continued ~nd inten.ified, with tragic con.equ.nc·· for the civili.n population, which h.d no adequate protection. H. r.affir.ed the re.pon.ibility of the United N.tion., p.rticularly the Security Council, to guarant·· the phyaic.1 ··f.ty of the P.leatinian r.fuge·· , and ··rn.atly requ ·· ted the Secr.tary-Gen.r.1 to t.k. urg.ntly all the nec···· ry ....ur ·· to put an end to the att.ck. and to provide e··rgency r.lief to the r.fug ···· (b) Action t.k.n within the Security Council 42. In addition to tran.mi~ting 1.tt.rs to the Secr.tary-G.n.ral .nd the Pre.ident of the Security Council, the comaitt.e follow~ c10··1y t~e activiti.. of the Council on ··tt.r. r.1ating to the Com.itt·· ·· mandat., .nd p.rticip.ted in Council debat.. a. nec...ery. 43. In a l.tt.r d.ted 1 OCtober 1985, addr ···ad to the Prr,ident of the Security Council (8/17509), the P.rman.nt R.pr ···ntative of Tuni.ift ·.qu.ated an immediat· ···ting of the Council to con.id.r the grave .ituation r ..ulting from the violation of Tuni.ian airapac. and lh. blatant act of aggre·· ion perp.trated by I.r.el againat the t.rritoria1 integrity, aov.r.ignty and indep.ndenc. of Tuni.ia, which cau.ed gr ..t la·· of human life and con.id.rable ..t.rial damage. Th. Council conaid.red the it·· at four ···tinq. h.ld betw.~ 2 and 4 ~ctob.r 1985. 44. At ita 2615th m ··ting, on 4 Octob.r 1985, the Security Council adopted r.solution 573 (1985), by which it vi~orou.ly condemned the act of ar.ed aqgre··ion p.rp.trated by I.ra.l .gainet Tuniai.n t.rritory, d.manded th.t I.ra.l r.frain from p.rp.trating .uch act. of aqgr ··uion or froe the thr.at to do so, and con.id.red that Tuniaia had the right to ap~ropriat. r.paration.. The r ··olution wa. adopted by 14 vot·· to non., with 1 ab.tention. 45. In a l.tt.r dated 30 S.ptemb.r 1985, addr ··· ed to the preeid.~t of tl.: Security Council (S/17507), the P.rmanent R.pre.entative of In~ia, r.f.rring to the deciaion of the Conf.rence of Poreign Mini.ters of Non-Aligned Countri.a, h.ld at -9- Luanda from 4 to 8 September 1985, requested, on bch~lf of the Movement of Non-Aligned Countri .. , the urgent convening of the Security Council under the item -The Middle East problem including the Palestinian Question-. 46. Th~ Security Council r ··Ulfted it. consideration of the item at five meetinQs, held between 9 and 11 October 1985. 47. At the 2620th meeting of the COuncil, on 10 October 1985, the Chairman of the Comaitte. participated in the debate, .tating that the fundamental reason for the cycl.. of violence in the Middle Ba.t wa. the fact that the question of Palestine had not been resolved. That que.tton waa at the heart of the Ar~b-Israeli conflict and de.erved conatant and continuina attention, with a view to arriving at a jurt and laating solution. 48. Continuing, the Chairman atated that the Unit~ Nations, throuqh the Security Council, unquestionably had the re.ponsibility for ensuring recognition of loft riaht of the Palestini.n people to aelf-determination, to independence, to national eov.reignty, to return, to recovery of its property, and to physical protection and decent living conditiona in the refugee camps. 49. He recalled that the recommendation. made by the Committee, although ever more firmly endor.ed by the General A··embly, had neither been followed nur implemented by the Secu~ity Council. Tho.e recommendation. were solidly based on internationally recognised fundamental principles and the Committee remained convinced that positive m ...ur .. by the Council to implement them would increase the poa.ibility of the ..tabliahment of a juat and laating peace in the Middle East. 50. He further recalled that the General A.s'~bly, in ita resolution 38/58 C, had invited the Council to facilitate the organisation of the propoaed Irternational Peace Conference on the Middle Ea.t. Stees.ing t~e primary role that should be plaYed by the Council in auch a conference, he .tated that only the united Nations and the Council itself could ensure that agreements reached would b. universally valid and could be guaranteed and applied equitably by all the parti.B concerned. He urged the Council members n~t to misu this historic opportul Itv, and in particular he invited tho·· who still had doubts or r ..ervations or who had rejected the idea to reconsider t"eir po.ition and to work mor. constructiv.ly for the convening and the succ··s of the conference. 51. At the end of the 2622nd meeting of the Council, on 11 OCtober 1985, the President announced that the date of the next meeting of the Security Council to continue con.id3ration of the item would ~e fixed in consultation wit:. the members of the Council. S2. In a letter dated 16 January 1986, addre.sed to the Pre.ident of the Security Council (S/17740), the Permanent Repre··ntative of Morocco, in hi. capacity as current Chairman of the Orqanisation of the Islamic Conference, called att.ntion to thft .erious threat to lnternat~onal p.ace and security resulting from Israeli acts of profanation ~itted recently against the s.nctuary of Haram al-Sharif in Al-Qud. (Jerusalem) and reque.t.1d the conv.ning of an urg.nt me.ting of the Council to con.ider the .ituation. In a lett.r of the ~me date addr ····d to the Pr.sident of the Council (R/l7741), the P.rmanent Repr.sentativ. of the United Arab Emirates, in hi. capacity as Chairman of the Arab Group at the United Nations for the month of January 1985, called att.ntion to t~. grave situation created in Jerusalem by Israeli actions violating til. sanctity of the Haram al-Sharif, and requested that an urgent m.eting of the Council b. conv.ned to consid.r that situation. -10- 53. On the baais of the above requesta, the Council reaumer. its consideration of the situation in the occupied Arab territori .. at eighc meetings held between 21 and 30 J~nuary 1986. 54. At the 2645th meeting of the Council, on 22 January 1986, the Chairman ot the Committee participated in the debate. Reterring to the emotional significance of Jerusalem for three world religions and to the patient and determined etforts made over the years to arrive at a just and lasting peace in the reqion, he depl~red the fact that an extremely serious denominational element had now been added to the conflict. 55. Reviewing event~ that had led to the convening of the Council, th~ Chair.an 88id tnat a qroup of Israeli parliamentariana, .0. . of who. were known tor their advocacy of the expulsion ot ArabB trom Jeruaalem and th~ W ..t Bank, I.ad viaited the sanctuary on two occasion., with the permiaaion ot the Mu.lim authorities, tor the declared purpose ot in.pecting conatruction work in prOQres.. They had, however, used tile vi.its as a pretext to enqage in act. of provocation, .uch as reciting Jewish prayers and taking photographs. This h~d l,j to protest demonstrations by Arabs, which had been violently disper,led by the poLic., who had fired shots and used tear-qas, wounding five Arabs. Ni~.teen Arabs were al.o -:rested. The reported behaviour on the part of Israeli parliamentariana was undoubtedly a profanation ot one of the n 1t .acred pleces of Islam and had arou.ed a~ger not only In the occupied Arab terriLQri .. but also in the Muslim world at large. In the already highly charqod atmosph.re of the reqion, the religious provocation had compounded the political conflict, with unforeseeable and perhaps disastrous consequences for international ~ace and cecurity. 56. He could not but conclude that the action. he had related were aimed at establishing permanent I.raeli domination over all of Jerusalem and the occupied territories and creating a fait ,ceompll by encoucagiuq Arabs to emigrate permanently from the country. He referred to pr.vi~. act. of aggr.s.ion against the Mu.lim and Christian Holy Place. and particularly cited excavation work conducted 2t the Al-Aq·· Mosque, as well a. criminal ac~s of ar.on and armed attack committed against the Mosque in August 1969 and in April 1982. In March 1983 ~nd January 1984, attempts had even been made to blow up the structure. 57. The Chairman reoall~ many resolutions of the Council concerning the statu. of Jerusalem with which the Israeli authorities had failed to comply. In particular he cited resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969 and 271 (1969) of 15 September 1969, by which the Council had reaffirmbd the principle of the inadmissibility ot the dcquisition of territory by military conquest and had confirmed in the most explicit terms that all legislative and admini.trativ. measures taken by I8rael to change the status of Jerusalem, in particular the "fundamental law", were in violation of the fourth Gen.va Convention ot 12 August 1949, 71 and a· ·uch, were completely null and void and must be rescinded immediately. The Chairman went on to .ay that the Committee had unceasinaly .tr ····d that tension and violence would continue to grow in the occupied territories as long as the question of Palestine remained unresolved. It was therefo,:e more urqent than ever to initiate the negotiation proces. under the auspices of the united Nations. 38. 59. At it. 2650th meeting, on 30 January 1986, the Security Council had before it a dr5ft resolution sponsored by the Congo, Ghana, Madaqascar. Trinidad and Tobago and the United Arab Emirates (S/17769/Rev.l) by which the Council would hav~ -11- j .xpressed its de.p concern at "the prov~ative acta by Isra.li., includinq member. of the Kn ····t, which have violated the sanctity of the .anctuary of the Hara. al-Sharif in Jeru.alem- and would have strongly d.plored them, affirmina that -such acts constitute a s.riou. obatruction to achi~vinq a comprehensive, ju.t and lastinq peace in the Middle East, the failure of ~hich could also endanger int.rnational p.ac. and .ecurity-. By adoptinq the draft resolution, th~ Council would have determined once more that all m.a.ure. taken by I.rael to cb~nae the physical character, demoqraphic coapo.ition, in.titutional .tructure oc 6tatus of the Palestinian a~d other Arab territories occupied since 1~67, inclu~inq Jerusalem or any part thereof, had no leqal validity, and that the .ettlement policy and practic.s were in flaarant viOlation of the fourth G.neva Convention, that all leaislative and administrative me~sur·· taken by I.rael, the occupyin~ Pow.r, which had .It.red or purported to alt.r the charact.r and .tatus of the Holy City of Jeru.alem were null and void and had to be rescinded forthwith. 60. 61. Th. draft r ··olution al.o called upon Ierael, the occupyinq Power, to ob··rve scrupulouslY the norms of int.rnati~nDl law oov.rninq military occupati~n, to prevent ftny hindrance to the dischar~e of the establi.hed functions of the Supreme Islamic Council in Jerusalem and to implement forthwith the provisions of the resolution and of relevant Security CO~ncil resolutions. It would further have reauested the Secretary-G.neral to report to the Securit'i Council on the implementation of the resolution by 1 May 1986. 62. The dL=.ft resolution received 13 vote. to 1, with 1 abat~ntion, and was not adopted, owin~ to the neaative vote of a permanent member of the Security Council. The Committee furth.r noted that. on 6 June 1986, follcwino con.ultations, the Presid.nt of the Security Council i.sued a statement on behalf of the members of the Council (£/18138), expre.sinq grave concern at the continuing inlen.ification of the fiohtino in Beirut, especially in and around the Palestinian refugee cam~·· The Council appealed to all concorned Ul use their influence in brinqina about the cessation of the fighting in order to ~rcable UNNWA as well as other humanitarian oroa~izations to mount emer~ency operfttiona for the benefit of the populations concerned, includino the Palestinian refuqees towards whom the international commun~ty had a particular responsibility. 63. 3. Action tak.n by the Cam-itt.e to promote the convening of the proposed Int,rnational peace Conference on thp Middle Ea.t in accordance with General Aasembly resolution 38/58 ~ o!-!!-D~ember 1983 64. In resolution 40/96 D, the General As.embly, inter alia, reaffirmed .qain it. endorsement of the call lor conveninq th& International Peace Conferenc~ on the Middle East in conformity with the provi.ions of its r.solution 38/58 C, etressed the urgent n.ed for additional conatructiv~ efforts by all Governments in order to convene the conference without further delay and for the achievement of its peaceful objective., determined that th~ q~~stion of Palestine waa the root cause of the Arab-IMraeli conflict in the Middle East, called upon the Governments of I8rael and the United States of America to reconsider their positions towards the attainment of peace in the Middle East thrnugh the convenina of the conference, requested the Secretary-General, in con8ultation with the Security Council, to continue his efforts with a view to cooveninq the conference and to report thereen -12- to the General A.sembly not later than 15 March 1986! and, decided to con.ider at it. forty-fir.t ···· ion the report of the Secr.tary-G.neral on the i~le.entation of the r.solution. 65. Accordingly, in it. proqra. .e of work for 1986 (A/AC.183/1986/CRP.l/Rev.2) the Com.nittee decided that, in its activities durinq 1986, it would continue, a. a matter of priority, to ex~rt all effort. to promote the early convenina of the propo.ed conf.rence, while urqing the under.tandina and further co-operAtion of all concerned for the resolution of a problem of .uch fundamental importance to the maintenance of international peace and .ecurity. Thi. aoal wa. also .tre··ed by the Chairman in hi. letter to the Secretary-General, of 3 February 1986, invitina the participation of all State. and interqovernmental orqani.ation. in the work of the Committee (see oara. 13 above). 66. The Committee wa. qreatly encouraaed that, in ...inar. and in .ympoeia and meetinas of non-governmental oraani.ation. on the que.tion of Pale.tine held under the aegis of the United Nations, participant. strongly held that the convenina of such a conference should b. ~ priority matter since it offered the best nd.aet comprehensive aPDroach to a just and lastina solution to the question of Palestine, the core of the Arab-Israeli conflict (see paras. 82, 85, 88 and 97-99 beloW). 67. At it. 122nd meetinq, on 26 November 1985, the Committee had d~ided that, a. stated iu its reoort to the A.sembly at its fortieth .ession, !I it intended to complete the process of sending delegations to the capitals of the . . .bers of the Security Council, and that arrangem.nts for th.s. ~isits would be decided in due course. 68. The Committee noted that, in bis letter to the President of the Security Council in pursuance of resolution 40/96 D, included in his report on the . .tter (A/41/215-S/17916), the Secr.tary-G.neral had stated that, in the liaht of the debate of the General Assembly on the above resolution and other available information, he believed that the obatacles that had so far prevented the conver.ina of the International Peace Conference on the Middle Bast as called for by the General Assembly still existed. However, he also believed that the observations contained in his report of 22 October 1985 (A/40/779-S/17581) remained valid. 69. The Committee further noted that, in his reply to the Secr~tary-General of 28 February 1986, the President of the Security Council said that he had undertaken the necessary consultations with reqard to the proposed conference. It wa. cle.r from those consultation. that almost all members were in favour of the principle of holdina .uch a conference. The m. jority of tho.e member a felt that it should be convened as early a. pos.ible. Other. considered th.t the condition. for the 8uccess of the conference did not yet exi.t ~nd felt that new effort. should be made in that respect. The President said that, in that context, members of the Council invitod the Secretary-General to corltinue his effort. and con.ultation. on the suhject in the liqht of General Assembly resolution 40/96 D. 70. The Committee noted with aPDreciation that the Secretary-General intended to pursue his efforts in the liaht of General Assembly re.olution 40/96 D and the views expr~jsed by members of the Security Council an~ that he would keep the General Asgembly and the Security Council informed of any new development. in this regard. -13- 4. Attendance at international conferenc·· and me,tinq. 71. In accordance with its mandate, since its previous report to the General A··embly, the Committee was represented at the followina international conferences and meetinqsr (a) Meetina in observance of the Day of Solidarity with South African Political Priconers, held in New York on 11 October 1985, (b) Meetina of the United N4tions Council for Namibia to nark the commemoration of the Week of Solidarity with the People of Namibia and Their Liberati,>n Movement, SWAPO, held in New York on 28 october 1985, (c) Sixteenth Islamic Conference of Foreiqn Mini.ters, held at Fe. from 4 to 10 January 1986, Id) Meetinq in observance at the International Day for the Elimination of Racial Discrimination, helrl in New York on 21 March 1986, (e) Ministerial Meetino of the Co-ordinatina Bureau of Non-Aliqned Countri .. , held at New Delhi, from 16 to 19 April 1986, (f) Fourteenth Council Session of the Afro-A.i,n Oraanization, held in Moscow from 14 to 17 May 1986, p~~ple'. Solidarity la) Seminar on ·World Action for the Immediate Independence of Namibia·, held at Valletta, Malta, from 19 to 23 May 1986, (h) World Conference on Sanctions aqainst Racist South Africa, held in Parts from 16 to 20 June 1986, (i) International Conference for the Immediate Independence of Namibia, held at Vienna from 7 to 11 July 1986, (j) FortY-fourth ordinary session of the Council of Ministers and twenty-second session of the Assembly of Heads of State and Government of the Orqanization of African Unity, held at Addis Ababa, from 21 to 30 July 1986, (k) Solemn meetinq in commemoration of Namibia Day, held in New York on 26 Auqust 1986, (1) Eiqhth summit Conference of Heads of State or ~overnment of NOh-Aliqned Countrie., held at Harare, from 26 Auqust to 7 September 1986. 5. Action taken by United Nations bodie., the Movement of Non-Aligned Countries and interqovernmental oraanization. 72. The Committee continl"ed to follow with areat intere.t and to note the action. taken bv the Movement of the Non-Alianed Countrie., Ur·ited Nations badi.s and interaovernmental orqanizations on matter.' relevant to it. mandate since the .ubmi ·· ion of it. report to the General Assembly at itD fortie~h ···· ion. The Committee was areatly encouraqed that, in various decisions and re.olution. adopted by those bodies, as listed hereunder, all previous decisions reqardinq a comprehensive and peaceful settlement of the Palestine question were once aqain r.affirmed, and .trenqthened support was expressed for the Committ·· '. -14- rocommendation., in particular for the early conveninq of the propo.ed International Peace Conference on the Mid~la E~.t, in accordance with General Assembly re.o1ution 38/58 Cl (a) Communiqu' of the Co-ordination Meeting of lhe Mini.ter. for FOreign Affair. of the Organi.ation of the I.1amic Conference, he1~ in New York on 9 OCtober 1985 (A/40/158-S/17510, annex), (b) CommuniQu' adopted by Head. of Govern.ent of Commonwealth State. at their summit, held at Na.sau from 16 to 22 October 198~ (A/40/817, annex), (c) Paragraph on the Middle Ea.t problem in the Declaration of the m..bar States "f the Warsaw Treaty Organhation, is.lled at SOfta on 23 October 19n (A/C.1/40/1, annex, .ect. IV), (d) Conf.rence of African Mini.t.r. of Inform.tion .t it. fir.t extr.ordin.ry ···· ion, h.1d at Cairo from 23 to 25 November 1985 (A/40/980, annex, re.olution BCIM/RES.3 (I», (e) Sixteenth I.1amic Conference of For.ign Mini.ter., held at Fe. from 6 to 10 January 1986 (A/41/326-S/18049, ann.x Ill, r ··o1ution. 1/16-P, 2/16-P and 8/16-P) , (f) Final communiqu' of the tenth .... ion of the AI-Qud. Committ.e of the Organi.ation of the I.1amic Confer.nc., held at Marrakesh on 21 and 22 Janu.ry 1986 (A/41/113-S/17160, annex), (q) Forty-.econd ···· ion of the COMmi ··ion on Hu.an Riqht., held at Genev. from 3 Febrlluy to 14 March 1986 (re.o1ution. 1986/1 A and 8), !I held ~.ld (h) 75th Inter-Parliamentary Conference of the Int.r-P.r1iamentary Union, t Mexico City from 1 to 12 April 1986 (A/41/435, annex), (i) Mini.teria1 MeetinQ of the Co-ordinating 8ureau of Non-Aligned Countri .. , at New Delhi from 16 to 19 April 1986 (A/41/341 and Corr.l, r ··o1ution. XVII .nd XU), (j) Thirty-ninth World Health A··embly, G.n.va (r ··o1ution WHA 39.10 of 15 May 1986), (k) Economic and Social Council, fir.t and .econd regu1.r ···· ion. of 1986 (re.o1ution. 1986/21 of 23 May 1986 (E/1986/INF/4) .nd 1986/49 of 22 July 1986 (E/1986/INF/7» , (1) Declaration on the situation in Leb.non .dopted by the For.lgn Mini.ter. of the 12 Stat·· member. of the European Community at The Haque on 27 June 1986 (A/41/441-S/18197), (m) Forty-fourth ordinary .e·· ion of the Council of Mini.t.r. and twenty-.econd se·· ion of the A··emb1y of H.ad. of Stat~ and Government of the Organization of African Unity, held at Addi. Ababa fl 21 to 30 July 1986 (resolution CM/RES.1061 (XLIV», (n) Declaration adopted at the eighth .ummit Conference of Head. of State or Government of Non-Aligned Countrie., held at Harare from 26 Augu.t to 1 Septembo·r 1986 (chaps. XVII and XIX). -15- B. Action taken by the Committee in accordance with General Assembly resolutions ~O/96 A and B of 12 December 1985 1. ~-operation with non-govern.ental organi~ation. 73. A number of activities were underl~ken by the COamitt.. and by the Divi.ion for Palestinian Rights of the Secret~riat, under the Cc.aittee'. guidance, with the objective of further expandIng co-operation with non-governmental organi ·· ti~'. active on the question of Pal~~tine, particularly through additional ..eting. for such organizations, in order to heighten awarene.s of thQ fact. relating to the question of Palestine and to create a more favouraLle atmo.~1h.re for the full implementatton of the recommendations of the COmmitc... 74. In accordance with its mandat~ from the General A··embly, the C~mittee had decided to hold, in 1986, regional symposia for non-governmental organization. in Latin America, North America and Europe, an international ...ting of non-governmental organizations, and two preparatory meeting. for the NOrth American ftymposium and the international meeting re.pectively. 1~. In view of the finarlcial crisis of the Unit~1 Nation., and in respon.e to the proposals fnr oost-saving measure. I:ormulated by the secretary-General in hi. report to d ~neral Assembly at its reslmed fortieth .e.,ion (A/40/ll02 and Corr.l), the Committee decided to adjust it. calendar of meeting. for 1986 by deferring to 1987 lhe Latin American sympo.ium and by combining the European regiona~ symposium and the international meeting in a s ·,gle event. It a180 d~cided to keep travel costs and oth~r expen$es to 3 minimum in carrying out it. programme of v.ork. combin~ The Committee had earli~r decided, in accordance with pa.t practice, to the North American symposium and the NOrth American .e.inar in a .ingle event. 76. 77. In deciding on thos~ measures, the Committee expre··ed a de.ire to re.pond to the Secretary-General's eftorts to generate immediate .aving., in a way, however, that would ~ot be d~trimental to the future programme of work of the Coamittee, and stre.B~d that the achievement of its goals, as mandated by the General A··embly, remained of primary importance for the international community. In accordance vith its decision to continue to give utmo.t priority to effort. to promote the early con"ening of the prolX>sed InternaUOI.al Peace Conference on the r"llddle East, in accordance vi th General As.embly re.olution 38/58 C, the committee decided that lhe non-governmental symposia and meeting· ·hould continue to emphasize the importance of convening the contelence and .tructured the programmes for those activities accordingly. 78. The preparatory meeting for the North American regional .YlllpoaiulI tor non-governmental organizationa was held at United Nation. Headquarter. on 24 and 25 February 1986 and was attended .y t~e memberB ot the North ~rican Interim Co-ordinating Committee of Non-governmentp.l Organizationa, elected by the participants at the NOrth ~merican regional aymposium tor non-governmental organizations held in July 1985. The meeting worked out the ~ariouB a.pecte of the programme for the ymposh..m and the moda11t.hls for expanding the n8twork of non-govt'r:nmental organizat\ons active on the 'lueation of Pale.tine in North America. 79. -16- 80. The pr.paratol'Y lI'l/lllttinq foIC ch. :':"ternational Meetinq c.f Non-Governllental OrqanisaUon. Val. he lo I:; the United Nation. Office at Geneva on 6 and 7 March 1986 and 'la. attended by lIil1!l1l·':lftts of the International Co-ordinfttinq COIIMUt.. of Non-Governmental Orqa~laation. elected by the participant. at the Internctional Me.t1nq of Non-Gove.:nftlll!nl:al Organisation. held in Sept..ber 198"'· In that connection, the COIIlIIiU.e deplored that the I.raeli authoriU .. ha,l aqain prevented two r~pre.entatives fr(~ the occupied territories frOD attendinq the Meeting (... para. 37 above). In &:lcordance vith its Mandata, the preparatory MeeUng voned out the detail. of t:hUt prOQrallme for the International MeeUnq of Non-Governllental Orqanisation·· 81. The North Amerlcft" regional non-gov.rnllental organisation .YllpoaiulI fQt non-q':)vern...ntal orqaoh:ations 'la. h.ld at United NaUon. Headquarter. frOll 11 to 13 Jun. 1986, i...diately follovinq the North American region~l ...tnar (see para. 94 below). The sympo.ium 'la. attended by 44 participant. and 6obaerver. fra. non-Qovernmental organisations in the United State. and Canada, bV a delegation of the COII1,ltdttee, and by III nU.Der of observers frOll qovernllental and interqov.rn..ental organisations and liberation mov..~ts. It considered the follovinq topics I la) Urq.ncy of crellltinq the conditions for the conv~~ing of the International Peace Conference on \:t,. Middl. East in accordance vith General As· ·bly resolution 38/58 C, lb) Ways and meanB of building popular North Am.rican Bupport for a just and la.tinq peace in the Middle F.a.t. 82. The COIImitt.ee n()ted vith appreciaUc"1 that the eYllpoBium adopted a declaration .tronaly .upportinq the conv.ninq of the International Peace Conference on the Middle East in accordanc. vith General A··embly r.solution 38/58 C and calling upon the p(~pleB and Gov.rnments of the United Stat.s and Canada to take all possible st.p. to secure the impl ....ntation of that resolution in order to achieve a comprehenaive, juat and lastinq p.ace io the Arab-I.ra.li conflict, the cor. of vhich 'la. the qu ·· tion of Palestine. The Committ.e vas also plea.ed that the .Yllpo.ium participant. agreed on comaon Ob)ectiv.. and strategies to be i~l.lIented by North American non-governmental org~ni.ations to pra-ote B ju.t and la.ting peace in the Middle Bast, and e.tabli.h~ a North A.erican ec·ordinating oo.lIittee to co-ordinate their work. The full text of the declaration i ··ued as a COIIllit~.e document IA/AC.l83/l986/3), and the report of the sympo.iuM was i ··ued as a special bulletin of the Division for Pal..tinian Rights. va. 83. Th. European regional symposium for non-governm.ntal organi.ations v.s held at the United Nations Office at Vienna on 30 Jun. and 1 July 1986, i . .ediately foll(~ed by the International Meeting of Non-Governmental Organi.ation*, frOll 2 to 4 July 1986. 84. The symposium vaa attend~ by 33 partici~anta and 13 ob.ervers frOll non-governmental orqanis.tions in various Europw.n countries, by a deleq~tion of the COIImitte., and by observers from Governments and in~erqOveln ental organisations. 85. The aain topic of the BYllposium vas -Europe confronting ita for a comprehensive, just and l.stinq p.ace in the Middle East. United Nations-. The eor..ittee noted vith appreclation that the adopted a declaratinn upholdinQ the proposed International Peace r ..ponalbiliti.. efforts by the ay_pod UM had COnference on the -17- Middle Ea.t in accordanc. with General A····bly r ··olution 38/58 C. with the participation of all parti·· conc.rned, including th~ PLO ·· the leqitimat. ,.pr.s.ntativ, ot the Paleatintan people, and callinQ upon .11 European Gov.rnmenta to .upport the convening of the Inte~national P.ace Conf.r.nc. and to work for ita r ·· li.ation ·· a top priority. The Com.itte. wa. al.o pl.a.ed that the .ympo.ium participants had agreed on common objective. and activiti.. for European non-governmental orqani.ation. with. view to .ncouraging their Gov.rnmenta to pur.ue tho.e policie., and had establiahed a European Co-ordinating Committee to harmoni.e th.ir future work. The full text of the declarat~on wa. is.ued aa docu.ent A/AC.183/1986/4, and the report of the .ympo.iu. wa. publi.hed aa a special bulletin of the Divi.ion for Pal.stinian rights. 86. The International M ··tinq of Non-Governmental Organization. w·· attended by 66 participant. and 16 obeerver. from non-qovernmental organi.ation. in th. international community, by a delegation of the Committ·· and b~ ob.erv.rs ~rom Gov.rnm.nt. and intergovernmental orqani.ation·· 81. It considered the tollowinq topic., (a) The need for and L1rQency ot convening the International Peace Conferltnce on the Middle Eaat in accordanc. with General A.s..bly resolution 38/58 Cr (i) (ii) (iii) (iv) (b) Th· · ituation of Palestinians in the territori .. 1961, occu~ied by Israel in The co.t. and dangers ot not implementing r ··olution 38/58 C, Way. and m.ane ot promoting the early impl.mentation of resolution 38/58 C, United Nations endeavour. and key United Nation. r ··olutions bearino upon the conveni1Q of the International Peace COnter.nce, Mobilization of public opinion alld the que.tion ot Palestine. 88. The Committee noted with appLeciation that, in the declaration adooted at the end of the meetinQ, the participating non-qov.rnmental orq~nization. had ~c. again expre··ed their .upport tor the proposed International Peace COnterence on th~ Middle Ea.t in accordance with General A····bly resolution 38/58 C, with the participation of all parties conc.rned on an equal tooting. The Committee turther noted with appreciation that the non-governmental organizations had aqreed on common objective. and strategie. and had expressed their determination to .trenathen their etforts tor the achievement of a p.acetul solution to t~e question of Palestine, in particular in Le fields ot human riqht., develc.:"'''lIent and mobilization of international public opinion. The full text of th. u~lara~ion was i ··ued a. document A/AC.183/l986/5, and tl, report on the meeting w~s published aa a special bulletin of the Division for Pale.tinian Right·· 2. Seminars i - 89, In ita programme of work for 1986, the Committ.e decided that regional .eminar. wollld be h.ld in turope, Africa and North America. In addition, a. mentioned above, it was decided that the North American ...inar and .ympo.ium would be combined. -18- 90. f~llowinQ The Committee further decided that the regional ...inar. would addre·· the topicsl (a) The Internat:onal Peace Conlerence on the Middle E·· t, in accordance with General A....b1y re.olution 38/58 C, the need for .uch ~ conference and efforts and pro.pect. to prcBOte a .ucce·· ful outcome and benefit. thereof, (b) (c) (d) The role of the pale.tine Liberation Organi.ation, The que.tion of Paleatine and public opinion [in the region concerned), The United Nation. and the que.tion of Pale.t~ne. 91. It was al.o decided that other topic. of particular relevance to the region concerned miqht be added. 92. The Committee appreciated the deci.ion of the Government of Turkey to provide the venue for the European regional ...inar (the thirteenth United Nation. Se.inar on the Que.tion of Pal~tine), which took place at I.tanbul from 7 to 11 April 1986. 93. The conclu.ion. and recommendation. of the ...inar have been i ··ued a. Committee document A/AC.183/1986/1. The full text of the report of the ...inar ha. been publi.hed a. a .pecial bulletin of the Divi.ion for Pale.tinian Riqht ·· 94. The fourteenth United Nation. Seminar on the Que.tion of Pal.. tine wa. held at United Nation. HeadQuarter. fro. 9 to 10 June 1986. The .e.inar concentrated on the topic relatina to -11e International Conference on the Middle Ba.t in accordance with General A....bly re.olution 38/58 C, the need for .uch a conference and efforts and pro.pect. to promote a .ucc.~.ful outcome and benefit. thereof-. ~e conclu.ion. and recommendation. adopted ~y the ...inar have been i ··ued a. ~_.mittee document A/AC.183/1986/2. The full text of the report of the .eminar ha. been published as ~ special bulletin of the Divi.ion for Pale.tinian Riqhta. 95. The Committee appreciated the decision of the Government of Kenya to aqree to the holdina of th. fifteenth United Nation. Seminar on the Que.tion of Pale.tine at the United Nation. Office at Nairobi, where it took place from 18 to 22 Auqu.t 1986. 96. In addition to the topic. mentioned above .~ra. 90), the .eminar also considered the relationa between Israel and South Africa. The conclu.ion8 and recommendation. of the .emioar have been iaaued a. Committee document A/AC.18l/19B6/6. The full text of the report of the ··minar ha. been published a. a special bulletin of the Divi.ion for Paleatinian Riahts. j7. The Committee noted that, in their conclu -fon. and recommendation., the participants in the three reqional .e.inar. had reaffirmed that the problem of the exercise of the inalienable riQhts of the Pal.. tinian people romained the core of the Middle Ba.t conflict and that no comprehen.ive, jU8t and la.tinq peace in the reuion could be achieved without the reali.atio~ of -ho·· riqhta in accordance with United Nation. reuolutiona. 98. The Committee ~a. encour.qed that the ··minar participant. had alao reaffirmed the need for conveninq the International Peace Conference on the Middle El.t under the auapices of the United Nation. in accordanc. with Ge"-ral A··embly reaolution 38/58 C, and that they had appealed to thoae Stat·· M.-b··· of the United Nation. which did not suppOrt t~e attainment of the inalienable riaht. of the Pal.. tinian -19- people, e.p.ci.lly the United St.te· ·nd I.r.el, to r.conaider their poaition tow.rda the aolution of the problem. 99. ~he eae.itte. further noted th.t the ...in.r p.rticip.nt. had r~anded the intehaific.tlon ~f politic.l .nd diplom.tic .ffort. by .11 concerned for r ··lisinq a cOMprehen.ive, juat and dur.ble a.ttl. .ant of the conflict in the Middle S··t, and th.t they h.d called for addition.l effort. by the United Nationa and by all concerned to influence public opinion in that direction throuah wider di ····in.tion of .ccurate inform.tion on the aue.tion of P.leatine. 3. Other activlt1~8 100. Th. COMmittee noted with appr.ciation that the Divi.ion for Pale.tinian piq' ;. of the S.cretarl.t h.d puraued ita progr.... of r ···· rch .~d public.tion. r.latinq to various a8peota of the qu·· tion of Pal.atine in the year under r.vi~. 101. The International Day of Solid.rity with the P.I..tinian People was ob··rved on 29 Nov.-ber 1985 at the Headqu.rtera of the United N.tiona in New York and .t the United r~.l:ion. Office. at Geneva and Vienn.. The COIllIIltte. noted with appreciation ~hat the International Day had been equ.lly ca.m.-orated in -.ny other citi.. throuqhout the world in 1985. -20- v. ACTION TAKEN BY THB DBPARTMBNT 01" PUBLIC INFORMATION IN ACCORDANCB WITH GBNBRAL ASSEMBLY RBSOWTION 40/96 C 102. Th. Cam.itt·· noted with .ppreci.~ion th.t, durinq the pe.t y.. r, the D.p.rt.ent of Public Infor··tion had continued it. infor··tion progr on the Qu··tion of P.l··tin., in .ccord.nc. with previous r.l.v.nt Gen.r.l A bly r ··olution., with. view to furth.ring the world-wide di···· in.tion of accur.t · ·nd co~r.h.n.iv. inform.tion on the qu··tion. How.v.r, the financi.l .itu.tion of the United N.tion. h·· led to the curt.il.ant of ··v.r.l .ctiviti.. in this raq.rd. Th. infor··tion progr .... included public.tion., r.dio-vi.u.l cov.rag., · f.ct-finding .i··ion for journali.t. to the Middl. E··t .nd ···ri .. of n.tion.l .nd raqion.l encount.r. for journ.li.t·· 103. In pUblic.tion activity, the Dep.rt.ent continuad to di in.t. inforaation on the qu··tion of P.l··tin. through .rticlea, pr ··· r.l nd bo3kl.t.. In particul.r, the D.p.rtment publi.hed · j7-p.q. bookl.t entitled Tb' un\ttd !.t!on· · nd th, QU. .UOn of P,lt.Un" which d.al. cOllprehen.iv.lv with the r · ·v.nt actlvlti.. of the Org.ni ··tion fr~ the fir.t .peci.l ....ion of the Gen.ral A. . . .bly in 1947 to progr ····· c.rried out in 1985. !QI 104. Th. UN Chronicl· ·lao reported on the con.id.r.tiara given to the queaUon of Pal··Un. and oth.r r.l.vant i t· · by the General A··.-bly at it. forti.th ···· ion .. the Security Council .nd oth.r united Nation. badi.. Th. Depart.ent a180 di ····inated, a. wid.ly a. po·· ibl., infor..tion reqardinq the ...in.r. and .y.po.ia h.ld by the Committ··· 105. Th. Department'. cov.rag. of the queation of paleetin. included r.dio new. proqr.... broadca.t. in .11 the offi~ial lanqu~q. . the United Nation.. Th. occa.ion of the Int.rn.tional Day of Solidarity wtth the P.l.utinian Peopl., 29 Nov.-b.r 1986, wi'l be highliQht.t in f ..tur. proqr..... and n.... di.patch.e. In addition, .n exclusive ··ri .. of r.dio proqra..~ will be Produced, four .ach in Arabic, Bngli.h, Pr.nch .nd Sp.ni.h. 0' 106. A. part of it. ongoing vi.u.l cov.r.g. of event· ·t H.adquart.r., the D.partaent produced · ·ub.t.nti.l numb.r of t.l.vi.ion n.... it on the qu ··tion of P.leetin. and r.l.ted Middl. B··t .vent.. A SD.ni.h l.nQu.q g·· in. on the Middl. B··t was produced and di ···minated to .ix countri .. in Latin ~.rica. 107. Th. N.... Produc' ton SdCtion of the D.p.rtment will cov.r th. Int.rnation.l D.y of SOlid.rity with the Pal··tini.n Peopl., on 29 Nov..b.r 1986, .nd the d.lit,.raUon. on the qu..Uon of PaleaUn· ·nd oth.r r.l.v.nt it... during the forty-fir.t ···· ion of the Gen.r.l A....bly. It i. al80 anticip.ted th.t Cain··e .nd Prench t.l.vi.ion maga.in.. will .ach produc· ·t l ···t on. progr.... on the qu··tion of Pal·· tin. during 1986. Du. to the financi.l .ituation of the Unitad N.tion., the production of · new .hort filII on the queetion of P.l..tin. w ·· d.f.rred to 1987. 108. Activiti ·· that focu.ed on acqu.intinQ the media with the f.ct· ·nd d.v.lopm.nt. p.rtaininq to the qu ··tion of P.l··tin. included a fact-finding mi·· ion to the Middl. E··t. A t ··· of 8.v.n prOllin.nt journ.liat. ftnd media r.pr ···nt.tiv·· from various part. of the world vi.ited Egypt, Jord.n .nd the Syrian Arab Republic from 27 April to 15 M<,y 1986. V1alta to Iara.l .nd the Weat B.nk W.r. not po·· ibl. sinc. no re.pon.e was rec.ived from I.ra.l to an off1cia1 requ ·· t fOl .uch vi81 The purpo·· of the m"alon was to prov'd. an oppnrtun1 ty t.. -21- tor the participants to learn at fir.t hand and in d~th about the various a.pect. of the que.tion throuqh di.cu.sion. with .enior official~ and pro.inent per.onaliti.. and alea vi.it. to Pale.tinian refuqe. c.a.p.. The .i··ion met with hlQh-level official. and Pal··tinian leader. and received exten.ive media coverage during the vi.it. Participanta publi.hed nu··roua articl.. upon their return to their ho.e countrie·· 109. In 1986, a. in 1985, the Department orqaniaed two ceqional encounter. for journali.t. on the que.tion of Pale.tine, brin9in9 hi9h-level journali.t. together with expart. ~ the question of Pale.tine. The firat encounter waa held at Vienna, Austria, for the Buropean reqion, from 25 to 28 Pebruary 1986. The .econd at tu.aka, Zambia, from 12 to 15 Auguat L986. The objective of both encountera wa. to proaote ~ better under.tanding of the ~ue.tion aaonq leader. of the .edia by bringinq them toqether with expert. on the aubject for brief, informal di.cu·· iona. Accordinqly, 15 high-level journaliat. fro. the pre.a, radio and television media participated in each encounter. The journali.t. were impre··ed by the hiqh calibre of the paneli.t. and by the infor. .l and candid character of the pr ··entations made. It was their belief that the encounter, which they found u··ful, infor. .tive and intere.ting, had qreatly increa.ed their knowledqe of the subject. 110. The Department a180 orqanised a .eri .. of national encounter. in which a tea. of expert panelist. held .eetinq., in the fora of in-depth pre·· conference., with natil~al journaliats and foreign corre.pondent. in various countri... Buropean national encounter. were held in Denmark, Hunqary and Greece between 24 February and ~rch 1986. Another national encounter for Africa wa. held at Nairobi, Kenya, on 18 Auqu.t 1986. 111. United Nation. information centre. throughout the world continued to carry out information activities in connection with the qu ·· tion of Pale.tine and made available to the public United Nation. publication. on the 8ubject. The centre. will alea orqaniae a world-wide obeervance of the International Day of Solidarity with the Pale.tinian People on 29 November 1986. -22- VI · RECOMMEND1\TlONS OF THE COMMITTEE 112. The Committee contendB that action by the Security Council is now required to take positively into account the recommendations of the Committee and those adopted by consellsus at the International Conference on the Question of palestine, held at Geneva from 29 August to 7 September 1983, and ~ndor8ed by General 1\ssembly resolution 38/58 C. It once again recalls that thotie recommendations are solidly founded on fundamental and internationally recognized principles relating to the question of Palestine, the ~~re of the Arab-Israeli conflict. 113. The Committee wishes to stress once again that it considers the convening of the International Peace Conferenc~ or. the Middle East in accordance with General Assembly resolution 38/58 C, to be an essential element in the progress towards a solution of the question of palestine. It also notes that there is overwhelming support for that conference. The Committee intends to continue to make the convening of the conference the focal point of its work programme and to do everything possible to increase awareness of the importance of that conference througtl contacts with Governments as well as with non-governmental organizations. 114. The Commi~tee therefore annexes its recommendations and those of the International Conference on the Question of Palestine, held at Geneva in 1983, to the present report (see annexes I and 11). 115. The Committee stresses that its ori9ina~ recommendations were specifically designed to enable the Palestinian people to attain its inalienable rights, as affirmed in General Assembly resolution 3236 (XXIX). 116. The Committee also stresses that th~ Geneva Declaration on Palestine, adopted by the International Conference on the Q~estion of Palestine, contained specific guidelines for the achievement of a comprehensive, just and lasting solution to the 1\rab-Israeli conflict, of which an essential element would be the establishment of an independent Palestinian State in Palestine. Those guidelines were endorsed by the General Assembly in its resolution 38/58 C, and reaffirmed in resolutions 39/49 0 and 40/96 0 which, inter a11a, stussed the urgent need for additional constructive efforts by all Governments in order to convene the conference without further delay and for the aChievement of its peaceful objectives. 117. The Committee strongly points out that the question of palestine has reached a critical phase and urges a renewed, concentrated and ~~llective effort to find a just solution under United Nations auspices, on the basis of relevant United Nations resolutions and end the unacceptable plight of the Palestinian people. 118. To this end, the Committee is conVinced that the International Peace Conference 0n the Middle East, as endorsed in General Assembly resolution 38/58 C, and generating quasi-unanimous support, provides a comprehensive opportunity for all the parties concerned to participate in negotiations that should l~ad to a just and lasting solution of the question. 119. The Committee recommends that the General 1\SBembly should call once again upon Israel and the United States to reconsider their positions towards the attainment of peace through the convening of the conference, appeal to all countries to exert their best efforts to achieve the convening of that conference, and renew the mandate of the Secr&tary-General to continue his contacts, in consultation with the Security Council, on the preparations for the convening of the conference. -23- 120. The COIDlIitt.. is pl.asad and greatly erlcouraqet'l by the widespread understanding it has already secured, anJ the favourable reaction of non-Qovernm.ntal orqaniaations and int9rnational public opinion in qeneral to ita recommendations. The Committee will c~ntinue to enqaae in the process of evaluatinq the proqress achieved and the experience qained in ita various activitiee, with the goal of achievinq optimum effectiveness and impact in carryinq out it. mandate. !I The COIDmitt.. is composed of tha following memberB' Afqhanistan, Cuba, Cyprus, German Democratic R.public, Guinea, Guyan., Hunqary, !ndia, Indonesia, L,o P~ ~l.'s Democratic Republic, Madaqascar, Malaysia, Mali, Malta, Niaeris, Paki.tan, Romania, Senegal, Sierra Leone, Tunisia, Turkey, Ukrainian Soviet Socialist Republic and Yuqoslavia. 11 Official Records of the General Aasembly, Thirty-firat Se··ion, ~elem&nt No. 35 (A)31/35). 11 .~., Thirty-.econd Se··ion, Supelement No, 35 (A/32/35), ~., Thirty-third Se·· ion, Supplement No. 3~ (A!33/35 and COrr.l), ~., Thirty-fuurth Se··ion, Suppl..ent No. 35 (A/34/35 and Corr.l), ~., Thirty-fifth S...ion, Suep1ent No, }5 (A/35/35 and COn .1), ~., Thirty-.ixth e~~.ion, Supplelll.ut No. 35 (A/36/35), ~., Thirty-··v.nth S.a.ion, Suppl.ment No. 35 (A/37/35 and COrr.I), ibid., Thirty-eighth S··· ion, Supplement No. 35 (A/38/35), ~., Thirty-ninth se··ion} Suppl....nt No. 35 (A/39/35), and ~., Portieth Se··ion, Supelem,nt No. 35 (A 40/35). ~ Report of the International Conference on the Qu ·· tion of Pal..tine, Gen,v" 29 Augu.t-7 S,pt.,b,r 1983 (United Nationa pUblication, Sale. No. E.83.I.21), chap. I, .ect. B. 21 The Observ.r. at the Committee meetinqs were as foilow.. Algeria, Dulaaria, China, Caechoslovakia, P~uador. EgYPt, Iraq, Jordan, Lebanon, Libyan Arab Jamahiriya, Mauritania, Morocco, Nicaraqua, Niaer, Sri Lanka, Syrian Arab Republic, United Arab EIIirat·· , Viet Nail, the L.aque t,f Arab State. a,.J the Organiaation of the I8lamic Confer.nc.. The Pal.stin. L~Deration Organization, a. the representative of the Palestinian people, the principal party to the Question of Palestine, waa also an observ.r. !I The current membership of the ~rking Group i. aa follow.. Afghanistan, Cuba, Ger.-n Democratic Republic, Guinea, Guyana, India, Malta, Pakistan, Senegal, Tunisia, Turkey, Ukrainian Soviet Sociali.t aepublic and, aa the repre.entative of the people directlY concerned, the Palestine Liberation Organi.ation. 11 United Nations, Tr.aty Serl .. , vol. 75, No. 973, p. 287. !I Officia 1 Records of the General AlIsembly f Por Ueth Sel'l8ion, Supplement No. 35 (A/40/35), para. 169. !I ~ Official Records of the Bconomic ,and Social Council.£ U86« Supplement (B/1986/22), chap. 11. 1QI The bookl.t (DPI/861) is curr.ntly available in Engli.h, the Arabic, French, German and Spanillh ver.ion. are i~ production. -24- ANNEX I Recommendations of the Committee en~ors~ by the General hssembly at Its thirty-first session* I. ~~iderations an~ quidelines 59. The Question of Palestine is at the heart of the Middle Bast probl.. , and consequently, the Committee stresses its belief that no aolution in the Middle Baat can be envisaged which does not fully take into account the leqitimate aspiration. of the Palestinian people. 60. The leqitimate and inalienable rights of the Palestinian people to return to their ho.es and property and to achieve self-determination, national independence and BOvereignty arL endors~ by the Committee in the conviction that the full implementation of these riqhts will contribute decisively to a comprehensive and final settlement of the Middle East crisis. 61. The participation of the Palestine Liberation Orqanir.ation, the represen~.tive of the Palestinian people, on an equal footing with other parties, on the ba.i. of Genoral Assembl! resolutions 3236 (XXIX) and 3375 (XXX) is in~ispen.able in all efforts, deliberations and conferences on the Middle East which are held under the auspices of the United Nations. 62. The Committee recalls the fundamental principle of the inadmissibility of the aCQui.it1oll of territory by force and stres.,es the consequent obligaUon for complete and speedy evacuation of any territory so occupied. 63. The Committee considers that it is the duty and responsibility of all concerned to enable the Palestinians to exercise their inalienable riQhts. 64. The Committee recommends an expanded and more influential role by the unit~ Nations and its orqans in promoting a just .alution to the question of Palestine and in the implementation of such a sol·JUon. The Security Council, in particular, should take appropriate action to faci14tate the exercise by the Palestinians of their riqht to retuen to their home., land. and property. The Committee, furthermore, urqe. the Security Council to pr~te action towards a just solution, takinq into account all the powers conferred on it by the Chartpr of the United Nations. 65. It is with this perspective in view and on the basis of the numerous resolution. of the United Nations, after due consideration of all the facts, proposals and suqQestions advanced in the oourse of it. deliberations, that the Committee submits its recommendation. on the modalitie. for the implementation of the exercise of the in'lienable right. of the Palestinian people. * ~..!!.!!:..; al Records of the General Assembly« Thirty·-f1rst Session, Supplement ~1(). :, (A/31/351, paras. 59-72. -2~- 11. The right of return 66. The natural and inalienable right of Palestinians to return to their homes is recognized by resolution 194 (Ill), which the General Assembly has reaffirmed almost every year since its adoption. This righ· was also unanimously recognized by the Security Council in its resolution 237 (1961), the time for t~~ urgent implementation of these resolutions is long overdue. 61. Without prejudice to the right of all pale~tinians to return to their homes, lands and property, the Committee considers that the programme of implementation of the ex~rcise of this right May be carried out in two phasesl Phase one 68. The first phase involves the return to their homes of the Palestinians displaced as a reault of the war of June 1967" The Co~mittee recommends thatl (i) The Securi·v Council should request the immediate implementation of its resolution 237 (1961) and that such implementation should not be related to any other condition, The resources of the International Committee of the Red Cross (ICRC) and/or of the United Nations Relief and Works Agency for Palestine ~ffugees in the Near East, suitably financed and mandated, may be employed to assist in the solution of any logistical problems involved in the resettlement of those returning to their homes. These agencieo could also assist, in co-operation with the host countries and the Palestine Liberation Organization, in the identification of the displaced Palestinians. (ii) Phase two 69. The second phase deals with the return to their homes of the Palestinians displaced between 1948 and 1967. The Committee recommends thatl (i) While the first phase is being impJ~mented, the United Nations in co-operation with the States directly involved, and the Palestine Liberation Organization as the interim represent~;ive of the Palestinian entity, should proceed to make the necessary arrangements to enable Palf!stinians displaced betwlJen 1948 and 1967 to exerciBe their right to return to their homes and property, Ln accordance with the relevant United Nations resolutions, particularly General Assembly resolution 194 (Ill), Palestinians not choosing to return to their homes should be paid just and equitable compensation as provided for in resolution 194 (Ill). (ii) -26- Ill. The right to selt-determination, nattonal and sovereignty i~~~~n~e~~~ 70. The Palestinian people has the inherent right to self-determination, national independence and sovereignty in Palostine. The Committee c()nsiders that the evacuation of the territories occupied by force and in violation of the principles of the Charter and relevant resolutions of the united Nations is a ~nditio sine qua non for the exercise by the Palestinian people of its inalienable rights in Palestine. The Committee considers furthermore, that up(;n the retuln of the Palestinians to their homes and property and with the establishment of an independent Palestinian entity, the Palestinian people will be able to exercise its rights to self-determination and to decide its form of government without external interference. 71. The Committee al~o feels that the United Natiml~ has an historical duty and rcsp<>nsibility to render all assistance necessary to promote the econoMi~ d~velopment and prosperity of the Palestinian entity. 72. To these ends, the Committee recommends that, (a) A tLnetable should be established by the S«ocurity Council for the complete withdrawal by Israeli occupation force. from those areas occupied in 1967, such withdrawal should be completed no later than 1 June 1977, The Security Council may need to provide temp<>rary peace-keeping forceS in ordel to facilitate the process of withdrawal, (c) Israel should be requested by the Security Council to desist from the establishment of new svttlements and to withdraw during this ~riod from settlements established since 1967 in the occupied territories. Arab property and all essential services in these areati should be maintained intact, (d) Israel should also be requested to abide scrupulously by th~ provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 and to declare, pending its spft~dy withdrawal from the.e territories, its recognition of the applicability of that Convention, (e) The evacuated territories, with all property and services intact, should be taken over by the Unit@d Nations, which with lhe co-operation of the League ot Arab States, will subsequently hand over th@se evacuated arel'l8 to the palestille I.ibe-:ation Organization aa the representative of the Palestinian people, (f) The united Nations ~hould, if necessary, assist in e8tablishing coremunications between Gaza and the west Bank, (g) As soon as the independent Palestinian entity has been established, the United Nations, in co-operation with the States directly involved and the Palestinian entity, shOUld, taking into account General Assembly resolution 3375 (XXX), make further arrangements for the full implementation of the inalienable rights of the Palestinian people, the resolution of outstanding problems and the establishment of a just and lasting peace 1n the region, in accordance with all relevant Uniteo Nations resolutions, (h) The united Nations should pr<>vide the economic and tftchn1cal assistance necessary for the consolidation of the PaleRtinian entity. -27- ANNEX I1 Geneva Declaration on Palestine and the Pr~me ot~t~ for ,the Achievement 0.!_p~le8tin_lan Ri'Jht~ !,I/ A. Geneva Declaration on Palestine In pursuance of General !\s8embly resolutions 36/120 C of 10 December 198J, ES-7/7 of 19 August 1982 and 37/86 C of 10 December 1981, an International Conference on the Question of Pa~estine was convened at the United Nations Office at C~nevn from 29 August to 7 September 1983 to seek effe~tive ways ~nd means to enable the Palest Intan p.~oplc to att.atn and to exercise their ihalienable r ifJhtft. The Conference was ..~ned by the SecretlHy-General of the United Natiolls, Javier Perez de Cuellar, and presided over by the Minister for FOreign Atf&irs of Senegal, Moustapha Niasse. *** I. The Confer~noe, having thoroughly c(Alsidered the question of palestine in all its aspecI:s, expresses the grave concern of all natio.ls and peoples regarding the internati(mal tension that hds persisted for several decades in the Miadle F~st, the principal cause of which is the denial by Israel, and those supporting its expansionist policies, of the inalienable legitimate rights of the Palestinj~n p80ple. Che Conference reaflirms r.nd stresses that a just solution of the question of Palestine, the core ot the problem, is the crucial element in a comprel)ensive, just and lasting poll tical settlement in the Middle East. 2. T~e Conference recognizes that, a8 one of the most acute and C0mplex problems of our time, the question of Palestine - inherited by the United Nations at ~he tilNt of its establishment - requires a con;prehensive, just and lasting political flettlem'nt. This settlement must be based on the implementation of the relevant United Nations resolution& concerning the qU~8tion of palestfne and the attainment of the legitimate, inalienable righ!s of the ral~stin~an people, including the right to sel f-determina :ion and the right to the cslabl i "lhment ot its own independent State in Palestine and should al80 be based on the provision by the Securitr Council of glliuantees for peace "nd necurity among all Statt:s in the region, including the independent PaleJltlnian State, within secure and inbiiI'natlonally recognized boundar ies. The Conference is conv inced that the attainment by the Palestinian pe~ple of t~dir inalienable T~ght8, as defined by General Assemllly re"o~ution 3236 (XXIX) of 22 November 1974, wU 1 contribute substanti<111y to the achievement of peace "nCl stability in the ~nddle East. 3. 'rl,e Conference considers the role of the United Nf.'tions in the achievement of a comprehensive, just and lasting peace in the Middle East to be '!s8Q!lntbl .,lId paramount. It emphasize" the need for raspect for, a~d application of, the provisions of the Ct'lIr':er c,f the United Nations, the resolutions of the Ul'~ted Nations relev~nt to the question of Palestine nnd the observance of the prlnciples of international law. 4. The Conference considers that the variolA propos~ls, consistent with the principles oL' intt~rnational law, which have bae,. pr"lented on t:his question, such as the Arab peace plan adopted unanimously I't the Tw.,lfth Arab Summit Conh, rence (see A/37/696-S/15510, annex), tlf'ld at Fn. Morocco, in SeptembrH 1982, should serve ao guidelines ~or concerted international effort to resolve the qU~8ti~. of Palestine. These guidelines include the followincu -28- (a) The attainment by the Palestinian people of its legitimate inalienable rights, including the right to return, the right to self-determination and the right to establish its own independent State in Palestine, (b) The right 9f the Palestine Liberation Organization, the representative of the Palestinian people, to participate on an equal footing with other parties in all efforts, deliberations and conferences on the Midale EastJ (c) The need to put an end to Israelis occupation of the Arab territories, in accordance with the principle of the inadmissibility of the acquisition of territory by force, and, consequently, the need to secure Israeli withdrawal frCllll the territories occupied since 1967, including Jerusalem, Cd) The need to oppose and reject such Israeli policies and practices in the occupied territories, including Jerusalem, and any de facto situation created by Israel as are contrary to international law and ~elevant United Nations resolutions, particularly the estabt'ishment of settlements, as t!'lese policies and practices constitute major obstacles to the achievement of peace in the Middle East, Ce) The need to reaffirm as null and void all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, inclUding the expropriation of land and property situated thereon, and in particular the so-called ·Basic Law· on Jerusalem and the proclamation of Jerusalem as the capital of Israel J Cf) The right of all States in the region to existence within secure and internationally recognized boundaries, with justice and security for all the people, the sine qua non of which is the recognition and attainment of the legitimate, inalienable rights of the Palestinian people as stated in 8ubparagraph (a) above. 5. In order to give effect to these guidelines, the Conference considers it essential that an international peace conference on the Middle East be convened on the basis of the principles of the Charter of the United Nations and the relevant resolutions of the United Nations, with the aim of achieving a comprehensive, just and lasting solution to the Arab-Israeli conflict, an essential element of which would be the establishment of an independent Palestinian State in Palestine. This peace conference should be convened under the auspices of the United Nations, with the participation of all parties to the Arab-Israeli conflict, including the Palestine Liberation Organization, as well as the United States of America, the union of Soviet Socialist R.ePublics, and other concerned States, on an equal footing. In this context the security Council has a primary responsibility to create appropriate institutional arrangements on the basis of relevant United Nations resolutions in o~der to guarantee and to carry out the accords of the international peace conference. 6. Th~.International Conference on the Question of Palestine emphasizes the importance of the time factor in achieving a just solution to the preblem of Palestine. The Conference is convinced that partial solutions are inadequate and delay~ in seeking a comprehensive solution do not eliminate tensions in the region. ......"' ~ _~'".~ _ ,.__·_ __."""-.,;;~6J1 during the third programming cycle (1982-1986) aimed 1St helping to meel ~e economic and social ne&ds of the Palestlnian people, !I (b) The proposed proguJlIIlle budget of the United Nations Conference on Trade and De~llopment for the biennium 1984/85 req&rding the establiShment -31- within the United Nations Conter ...nce 0.1 Trade and Development of a special economic unit, 91 as requested by that Conference at its sixth session at Belgrade, !!/ (e) Establishing a special legal aid fur:<1 to assist PaV'stinillns In securing their rights under conditions of occupation, y in accordance with the Geneva C~lvention relative to the Protection of Civilian Persons in Time ot War, (16) Ensure that the United Nations Relief and Works Agency for Palestine Refugees in the Near East can meet the essential neede of the Palestinians without interruption or any diminution 1.n tile ettectivelless ot its services, (17) Review the eitua~ion ot Palestinian women in the occupip.d Palestinian and other Arab terlitories and, in view of their special hardships, uIge the Preparatory Committee ot the World Conterence to Review and Appraise the Achievements of the Un~ted Nations Decade for Women, to be h~ld Qt Nairobi in 1985, to include this item on the agenda at the Conference, {1~) Review, if they have not yet done so, in 00~formity with their national legislation, their e:onomic, CUltural, technical and other relations with Israel, an~ the agreements governing them ~ith the aim ot ensuring that these regulations and agr.ements will not be inlerpreted or construed as implying in any way recognition of any modific~tion 01 the le~al status of Jerusalem and of the palestinian and other Arab territories occupied by Israel since 1967, or an acceptance of Israel's illegal presence in those territories, (19) Recognize that the pr~esR of enabling tt~ pale&tinian people to exercise its inalienable rights in Palestine is a significant contribution to the ~estoration of the rule of law in international r~lations, (20) Assure the observance of the stipulations provided in C~neral Assembly resolution 181 (11) guaranteeing to all persons equal and non-discriminatory rights in civil, political, economic and religious matters and the enjoyment of human rights and fundamental freedoms, including freedom of religion, spe~ch, publication, education, assembly and aRsoci.~tion, (2l) Express concern that the laws applicable in the occupied Arab territories have been totally eclipsed by a plethora of military orders that have been designed to establish a new -legal r'gime- in violation of The Hague Regulations of 1907, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, (22) Act in accordance with their obligations under existing international law, in particular with regard to the Geneva Conventions ot 1949 which require States Parties to ('espect and to ensure respect for those Conventions in all circumstances, and in particular ensure the respect by ISi:afltl for the Geneva Conventions of 1949 ill the occupied Palestinian and othe~ Arab territoriesJ (23) Express concern that the ~alestinian8 and 0ther Arabs in the occupied territories are deprived of juridical and ot~~[ kinds of protection, that they are victims of repressive l~gislation, involving mass arrests, acts of torture, destruction of houses, and the expulsion of people from their homes, acts which constitute flagrant violation& of human r'ights, -32- (24) Recognize the necessity that Palestinian and Lebanese ~~4.oners detained by Israel be accorded the status of prisoners of war in accordance with the C~neva Convention relative to the Treatment of Prisoners of War of 1949, £! if combatants, or in accordance with the ~neV8 Convention relative to the Protection of Civilian Persons in Time of War of 1949, 21 if civilians, (25) Strive for the adoption of international measures so that Israel will implement in the We8t Bank and Gaza the provi~ions of The Hague Re~ulations of 1907 and the Gen~vo Convention relative to the protection of Civilian }>e1:sons, in the liCfht "i Socurity Council rt!solution 465 (lS80) f (26) Recognize, if they have not yet done 80, the palestine Liberation Organization as the representative of the Palestinian people and establish with it appropriate relations, (27) Enoourage, in conformity wl':h theIr, Itional legislations, the formation of national committees in support of the Palestinian people, (28) Enoourage tha observance of 29 November as the International Day of Solidarity with th.!i Palestinian People, in a mo,lt effectiv