UNITED N A T I O N S AND SOCIAL COUNC COMMISSION ON HUMAN RIGHTS F o r t y - f i r s t session SUMMARY RECORD OF THE MEETING Held a t the P a l a i s des Nations, Geneva, on Thursday, 7 February I985, a t 10 a.m. ECONOMIC Distr. GENERAL E/CN.4/1985/SR.6 15 February 1985 O r i g i n a l : ENGLISH Chairman; Mr. CHOWDHURY CONTENTS (Bangladesh) Question o f the v i o l a t i o n of human r i g h t s i n the occupied Arab t e r r i t o r i e s , i n c l u d i n g P a l e s t i n e (continued) The r i g h t of peoples to s e l f - d e t e r m i n a t i o n and i t s a p p l i c a t i o n to peoples under c o l o n i a l or a l i e n domination or foreign occupation (continued) This record i s subject to c o r r e c t i o n . Corrections should be submitted i n one o f the working languages. They should be set f o r t h i n a memorandum and a l s o incorporated i n a copy of the record. They should be sent w i t h i n one week of the date of t h i s document to the O f f i c i a l Records E d i t i n g Section, room E.61O8, P a l a i s des Nations, Geneva.! Any c o r r e c t i o n s to the records of the meetings of t h i s session w i l l be consolidated i n a s i n g l e corrigendum, to be issued s h o r t l y a f t e r the end o f the session. GE.85-15253 E/X;NU/I985/SR.6 page S The m e e t l r ¡ | ^ ; was c a l l e d to-order; a t 10.3^..a»ro» QUESTION OF THE. VIOLATION OF HUMAN RIGHTS IN THE OCCUPIED ARAB TERRITORIES, INCLUDING. PALESTINE (agenda item 4) Cconbimjed) (E/CN .4/1985/5, 6, 34 and 35;S/CN .4/1985/NG0/1; A /39/591) THE RIGHT OF PEOPLES TO SELF-DETERMIMATION AND ITS APPLICATION TO PEOPLES UNDER COLONIAL OR ALIEN WMÎNATION OB FOREIGN OCCUPATION (agenda item 9) (continued) (E/CN .4/1985/12, 1 3 , 31, 59 and 40) 1. M r K A R I M (Bangladesh) said that I s r a e l ' s arrogant and aggressive conduct i n the occupied Arab t e r r i t o r i e s i n c l u d i n g P a l e s t i n e c o n s t i t u t e d a gross v i o l a t i o n of human .fights which the Cofflaifsaion should s t r o n g l y condemn. The P a l e s t i n i a n people had not only been dispossessed of i t s homeland, but had a l s o been subjected to c r u e l persecutiojx. The report, of the S p e c i a l Coramibtee t o I n v e s t i g a t e I s r a e l i P r a c t i c e s A f f e c t i n g the Human Rights of the Population of the Occupied T e r r i t o r i e s (A /39/591) had concluded that tbe s i t u a t i o n i n the occupied t e r r i t o r i e s continued to d e t e r i o r a t e and b h a t t h e ' I s r a e l i m i l i t a r y occupation a u t h o r i t i e s were using measures which adversely a f f e c t e d v i r t u a l l y a l l aspects of l i f e and a l l fundaraental freedoms. More and acre people were being arretted.and t o r t u r e d , and..increasingly severe p e n a l t i e s were being imposed f o r r e l a t i v e l y minor offences committed·by P a l e s t i n i a n s . The report also c l e a r l y exposed the dualism i n the a p p l i c a t i o n of the law, x-ihich dtscriroinated against the P a l e s t i n i a n s . To make the s i t u a t i o n worse and t o deprive the Paleafcinians of t h e i r r i g h t t o land and property and with the ultiriiate objecti.vôi.-pf-annexing ftra.b lands,; the Jewish settlement" programme was being i n t e n s i f i e d . The note prepared by the Permanent Observer f o r - t h e îPLO and transmitted by the Permanent Representative of Jordan (E/CN. 4/1985/35) gave a distressing., account, of. fflurdeJ- and. torture,, as w e l l as of t e r r o r i s m coimittétiagainst the P a i e s t i n i a n people: those a c t s were obviously ·premeditated and'V i o l a t e d a l l canons of i n t e r n a t i o n a l law and a l l norms o f c i v i l i z e d conduct. 2. Bangladesh's p o s i t i o n on the question of P a l e s t i n e and the occupied t e r r i t o r i e s was based on i t s enduring commitment t o the cause of oppressed peoples a l l over the worlds and was rooted i n the i d e a l s o f tolerance and the c o n v i c t i o n that men and women of a l l races and r e l i g i o n s could l i v e together i n peace^ j u s t i c e and e q u a l i t y . I t was geared t o uphold the r i g h t o f e%'ery people f r e e l y t o determine i t s own s o c i a l , economic and p o l i t i c a l system. 3. Consequently, t h e Government and people of Bangladesh were deeply committed t o the cause of the P a l e s t i n i a n people and were convinced that a j u s t and l a s t i n g peace i n the Hiddie East could not be reached without tbe t o t a l and unconditional withdrawal of I s r a e l from a l l the occupied Arab t e r r i t o r i e s , i n c l u d i n g Jerusalem. The participati.on._ Q.f..-the ..PLC on an equal-basis with'al-l-other p a r t i e s i n peacenegotiations was i n a i s p e n s a b l e . While the Commission'-immediate concern was to p r e v a i l upon the I s r a e l i a u t h o r i t i e s t o cease v i o l a t i n g human r i g h t s f o r t h w i t h , the P a l e s t i n i a n problem would be'solved only when the Pal'sstinian people were able t o exerci'se t h e i r i n a l i e n a b l e r i g h t t o e s t a b l i s h a sovereign and independent. State ih..îti own--'homeland,' -with Jérusalem as...lis- '¿apitai. 4' SSLîflSS..'State.:? Qi America) s a i d he wished t o r e s t a t e h i s Government'a copsraitroent; to the cause, of human r i g h t s and t o the United NationsCharter. The people of the United States deplored a l l a c t s of c r u e l t y or oppression, wherever they might -occur, and they expected t h e i r Government to t r y to take action t o improve i n t e r n a t i o n a l h u î î j a n r i g h t s c o n d i t i o n s . At the end of the Second World War, they had looked t o t h e i r Government t o f i n d i-iays of guaranteeing world peace and had e n t h u s i a s t i c ^ i l y supported the c r e a t i o n of the United Nations. E/CN .4/1985 /SR .6 page 3 When concern was expressed of the United Nations, i t 'succeed, to help to solve necessary to speak of' the i n the United States of America about the shortcomings was because there was a d e s i r e to see the Organization problems rather than to exacerbate them. I t was therefore Organization's present-day f a i l i n g s líith u t t e r candour. 5. There was no doubt that the A r a b - I s r a e l i dispute had r e s u l t e d i n s u f f e r i n g and f a t a l i t i e s on both s i d e s , and most assuredly, every death from violence i n the i n t e r n a t i o n a l area and every human r i g h t s v i o l a t i o n should be cause f o r concern. Nevertheless, by every reasonable y a r d s t i c k , i n terms of the numbers of persons affected and i n terms of the nature of the hardships s u f f e r e d , there appeared to be a d i s p r o p o r t i o n i n the a l l o c a t i o n of time and a t t e n t i o n w i t h i n the United Nations system to the A r a b - I s r a e l i d i s p u t e . Could i t be t h a t an attempt was being made to sweep other problems under the rug? By waxing eloquent on one set of problems, might not some members be seeking to draw a t t e n t i o n away from other problems that should concern the Commission, and might not the most serious human r i g h t s v i o l a t o r s be those who spoke out most loudly about the human r i g h t s v i o l a t i o n s a t t r i b u t e d to others? 6. The A r a b - I s r a e l i c o n f l i c t had l a s t e d almost 37 years: what those who paid the p r i c e of that c o n f l i c t i n blood and s u f f e r i n g needed was not more r h e t o r i c i n the Commission or i n some forum created e s p e c i a l l y f o r that purpose, but r a t i o n a l , r e s u l t - o r i e n t e d peace discussions among those most d i r e c t l y concerned. I t would be r e c a l l e d that more than two years ago, the President of the United States had submitted a concrete proposal f o r peace; he had r e i t e r a t e d h i s commitment to that proposal i n h i s address to the General Assembly i n September 1984. The United States was prepared to a s s i s t the p a r t i e s d i r e c t l y concerned i n any e f f o r t to promote peace. 7. His delegation believed that there was a r e a l p o s s i b i l i t y of achieving a just and l a s t i n g peace, i n view of recent and s i g n i f i c a n t signs of p o t e n t i a l progress. I f the major hurdles that stood i n the way were to be overcome,vit would be by thoughtful exchanges of views leading to n e g o t i a t i o n and u l t i m a t e l y to'reasonable compromises, not by the use of inflammatory r h e t o r i c , f l a g r a n t d i s t o r t i o n s of h i s t o r i c a l f a c t s and outside i n t e r v e n t i o n . 8. He agreed with the representative of Colombia that the Commission must seek to break the chain of i n v e c t i v e that stretched .from year to year. The Commission was a h i g h l y appropriate forum from which an appeal could be made to put an end to d t v i s i v e n e s s and hatred. 9. His delegation had not exercised i t s r i g h t to r e p l y i n each instance to the usual derogatory references to the United States of America. The many f a l s e accusations l e v e l l e d against the United States would not deter i t from continuing to t r y to contribute to the cause of peace i n the Kiddle East. I t looked to people of good w i l l everywhere to support i t s e f f o r t s . 10. Mr. SAKER (Syrian Arab Republic) said the r i g h t of peoples t o s e l f - d e t e r m i n a t i o n was one of the most important tenets of contemporary i n t e r n a t i o n a l law and had been enshrined i n a number' of United Nations r e s o l u t i o n s and i n the Charter of the United Nations i t s e l f . A l l countries which respected the Charter of the United Nations must support the P a l e s t i n i a n people it\ i t s a s p i r a t i o n to exercise i t s s o c i a l , economic, c u l t u r a l and p o l i t i c a l r i g h t s i n i t s own l a n d . Only two countries p e r s i s t e d i n o b s t r u c t i n g the f u l f i l m e n t of that dream. E/C1Í.4/1985/SR.6 page 4 11. The s i t u a t i o n i n the occupied t e r r i t o r i e s was s t e a d i l y d e t e r i o r a t i n g . The I s r a e l i a u t h o r i t i e s were b l i t h e l y unconcerned about the p r i n c i p l e s of i n t e r n a t i o n a l law and knew that they could act with impunity. They destroyed houses, profaned places of worship and attempted i n eveiy way to sow f e a r among the P a l e s t i n i a n s . They had expressed t h e i r v i r u l e n t hatred of that people through t h e i r i n v a s i o n of Lebanonir the massacres at Sabra and C h a t i l a , the siege of B e i r u t and nmerous f l a g r a n t v i o l a t i o n s of human r i g h t s i n the occupied t e r r i t o r i e s . He urged the I s r a e l i a u t h o r i t i e s to remember the s u f f e r i n g s they had imdergone under nazism and to heed the i n t e r n a t i o n a l community's condemnation of any a c t i o n which resembled Nazi oppression. 12. I s r a e l ' s continued defiance of the i n t e r n a t i o n a l community could not be eccoaplished. without the u n c o n d i t i o n a l support of i t s staunch a l l y , the United States. Other c o u n t r i e s , however, supported the P a l e s t i n i a n s i n t h e i r struggle f o r peace, independence and t h e i r a s p i r a t i o n to l i v e i n harmony with other peoples of the region i n a sovereign State of t h e i r own. His delegation saluted t h e i r v a l i a n t struggle against I s r a e l i aggression and hoped t h a t , as so often i n the past, an oppressed people would u l t i m a t e l y triumph. 13c His d e l e g a t i o n unequivocally condemned the United States veto of the S e c u r i t y Coimcil r e s o l u t i o n which would have forced I s r a e l to comply with previous r e s o l u t i o n s d e c l a r i n g i t s annexation of the Syrian Golan Heights to b^ n u l l and v o i d and without i n t e r n a t i o n a l l e g a l e f f e c t s 14, The Syrian Arab Republic condemned imperialism and racism i n a l l p a r t s of the world. I t therefore deplored the P r e t o r i a regime's v i o l a t i o n s of human r i g h t s , , p i l l a g i n g of Namibia's n a t u r a l resources and Use of that country as a springboard for m i l i t a r y a c t i o n against others. 15' Mrs. .G.U Yi.iie (China) noted that, f o r t y years a f t e r the founding of the United Nations, the question of P a l e s t i n e remained unsolved^ M i l l i o n s of P a l e s t i n i a n s were l i v i n g i n other c o u n t r i e s , unable to r e t u r n to t h e i r homeland, -iiliile more than a m i l l i o n P a l e s t i n i a n s and other Arabs l i v e d i n h u m i l i a t i o n i n the occupied t e r r i t o r i e s . The fundamental r i g h t s of the Arab and P a l e s t i n i a n peoples i n the occupied t e r r i t o r i e s , i n c l u d i n g P a l e s t i n e , were s t i l l a r b i t r a r i l y v i o l a t e d and the people of Lebanon was s t i l l unable to resume a peaceful l i f e because of the p o l i c y of expansion and aggression pursued by the I s r a e l i a u t h o r i t i e s , i n defiance of the Charter of the United Nations, and the b a s i c norms of .international law. 16. The report by the Secretary-General (A/39/5I) demonstrated c l e a r l y that the I s r a e l i a u t h o r i t i e s had taken a s e r i e s of d e l i b e r a t e measures and a c t i o n s h o s t i l e to the Arab and P a l e s t i n i a n peoples. The I s r a e l i a u t h o r i t i e s had t o t a l l y disregarded;the p r o v i s i o n s of the Geneva Convention r e l a t i v e to the P r o t e c t i o n of C i v i l i a n s i n Time of Var and had a r b i t r a r i l y detained, a r r e s t e d and e x p e l l e d Palest.inians. They had wantonly closed schools, banned text-books and d i s t o r t e d h i s t o r y . They had f o r c i b l y closed down h o s p i t a l s and shops, l e v i e d heavy taxes on the P a l e s t i n i a n s , demolished P a l e s t i n i a n homes and i l l e g a l l y , o c c u p i e d and confiscated P a l e s t i n i a n l a n d . In order to perpetuate t h e i r i l l e g a l occupation of the Arab t e r r i t o r i e s , they had refused to implement the r e l e v a n t United Nations re.soiutions and were attempting to change the l e g a l s t a t u s , geographic ,nature and demographic composition of P a l e s t i n e and the other Arab t e r r i t o r i e s occupied since E/CN. 4/1985 /SR. 6 page 5 1967. They had annexed Jerusalem and had imposed I s r a e l i l e g i s l a t i o n and a d m i n i s t r a t i o n on the Syrian Golan Heights i n a s i m i l a r attempt at annexation. They were a l s o stepping up the establishment and expansion of Jewish settlements i n the occupied t e r r i t o r i e s , going so f a r as to draw up plans f o r settlements i n the next centxiry. Those acts by I s r a e l could not be separated from the support i t received from one super-Power.. 1 7 . The people of P a l e s t i n e had waged an arduous struggle, which had won i t ever wider sympathy a^id support from the i n t e r n a t i o n a l community. Her delegation f i r m l y believed that under the leadership of the PLO, the noble a s p i r a t i o n s of the P a l e s t i n i a n people would s u r e l y be r e a l i z e d . 18. The Coimnission should once again condemn the I s r a e l i a u t h o r i t i e s f o r t h e i r p o l i c y of aggression and expansion as w e l l as t h e i r v i o l a t i o n of the fundamental rights.and freedoms of the r e s i d e n t s of the occupied t e r r i t o r i e s . I t should repeat i t s demand f o r I s r a e l t o withdraw immediately and u n c o n d i t i o n a l l y from the occupied Arab t e r r i t o r i e s occupied since I967, i n c l u d i n g Arab Jerusalem. The Commission should r e i t e r a t e i t s f i r m support f o r the i n a l i e n a b l e r i g h t of the P a l e s t i n i a n , people to r e t u r n to. i t s homeland and t o achieve n a t i o n a l self-determination. Her delegation hoped that the current session'of the Commission would make i t s due c o n t r i b u t i o n to the h a l t i n g of I s r a e l i aggression and t o the maintenance of peace i n the lyliddle East. 19. Mr. . (German Democratic Republic) noted that whereas the p r e s e r v a t i o n · of peace and the implementation of human r i g h t s were inseparable, v i o l a t i o n s of the peace and v i o l a t i o n s of human r i g h t s were equally interconnected. Mass v i o l a t i o n s of human r i g h t s by H i t l e r i t e facism had been part of i t s preparations f o r and conduct of war, j u s t as the defeat of that fascism had made p o s s i b l e the establishment of the current i n t e r n a t i o n a l l e g a l order, the cornerstones of which included a n t i - c o l o n i a l i s m and a n t i - r a c i s m , the r i g h t to self-determination, and i n d i v i d u a l human r i g h t s . The J o i n t D e c l a r a t i o n issued i n New D e l h i on .28 January 1985 was of the utmost s i g n i f i c a n c e f o r the preservation of peace and the implementation of human r i g h t s . 20. The connection between peace and human r i g h t s was a l s o borne out by the issue of human r i g h t s v i o l a t i o n s i n the occupied Arab t e r r i t o r i e s , i n c l u d i n g P a l e s t i n e . The Commission's d e c i s i o n t o give high p r i o r i t y to the item had been more than j u s t i f i e d , i n view of the s u b s t a n t i a l f a c t u a l information submitted to the t h i r t y t n i n t h .session of the General A s s ^ b l y , p a r t i c u l a r l y i n the report of the Special Committee t o Investigate ísraeli P r a c t i c e s A f f e c t i n g the Rights of the Population of the Occupied Teri?itories (A /59/591). The Special Committee had noted.a f u r t h e r d e t e r i o r a t i o n i n the l e v e l of respect f o r the human r i g h t s of die c i v i l i a n population and r i g h t l y feared that the s i t u a t i o n could have harmful e f f e c t s on peace and s e c u r i t y i n the r e g i o n . 21. His delegation s t r o n g l y condemned the I s r a e l i p r a c t i c e s described i n the conclusions of the report of the Special Committee, p a r t i c u l a r l y the settlement policy,by means of which I s r a e l was attempting to push ahead with the s o - c a l l e d de-Arablzation and c o l o n i z a t i o n of the occupied t e r r i t o r i e s . H i s delegation wasa l s o caiègorically opposed to the e s c a l a t i o n of attacks by I s r a e l i c i t i z e n s against P a l e s t i n i a n s l i v i n g i n the occupied Arab t e r r i t o r i e s . ' I t was c l e a r that I s r a e l was t r y i n g t o i n t i m i d a t e the P a l e s t i n i a n population by c r e a t i n g an atmosphere of fear and t e r r o r . H i s delegation r e c a l l e d with horror the massacres of Sabra and C h a t i l a as w e l l as the acts of t e r r o r committed against the P a l e s t i n i a n refugee camp at E i n E l Hilweh. /.4/1985/SR. page 22The Commission should endeavour, with the means at i t s d i s p o s a l , to force I s r a e l to withdraw immediately and u n c o n d i t i o n a l l y from a l l Arab t e r r i t o r i e s occupied i n 1967 so that the Arab people of Palestine might be enabled to enjoy i t s i n a l i e n a b l e n a t i o n a l r i g h t s . The p r i n c i p l e s f o r a Middle East s o l u t i o n proposed by the USSR on 29 July 1984, which h i s delegation f u l l y supported, c o n s t i t u t e d one way towards that' g o a l . His delegation a l s o considered as extremely important the f i n a l communiqué of the meeting of M i n i s t e r s and Heads of delegation of non-aligned States at the t h i r t y - n i n t h session of the General Assembly, i n which they expressed opposition t o the continued v i o l a t i o n of the r i g h t s of the indigenous Arab i n h a b i t a n t s , t h e i r forced d i s p e r s i o n and other p o l i c i e s aimed at changing the basic character and l e g a l status of those t e r r i t o r i e s . The M i n i s t e r s and Heads of delegation had affirmed that those p r a c t i c e s and p o l i c i e s were contrary to i n t e r n a t i o n a l law and relevant United Hâtions r e s o l u t i o n s . 25, There has been a growing r e c o g n i t i o n among States Members of the United Nations that the reason why i t had not yet been possible to force I s r a e l to abandon i t s p o l i c y and to implement the l e g i t i m a t e r i g h t s of the P a l e s t i n i a n people was due p r i m a r i l y to the conduct of i t s s t r a t e g i c a l l y . The p o l i c y of the " s t r a t e g i c a l l i a n c e " , characterized i n General Assembly r e s o l u t i o n 59/146 A as encouragement for the aggressor, c l e a r l y implied a permanent threat to peace and the existence of Arab peoples. 24. .His Government's p o s i t i o n on the question of the Middle East and P a l e s t i n e had recently been reaffirmed by. Mr, Honecker,, Chairman of the Council of State of the · German Democratic Republic, on the occasion of the I n t e r n a t i o n a l Day of S o l i d a r i t y with the P a l e s t i n i a n People when he had stated that h i s country advocated a comprehensive. Just and l a s t i n g settlement of the Middle East c o n f l i c t , which required..that the i n a l i e n a b l e r i g h t s of the P a l e s t i n i a n people, i n c l u d i n g i t s r i g h t to the .establishment of an independent State, be assured. I s r a e l must without: delay withdraw from a l l t e r r i t o r i e s M t had occupied since 1967» i n c l u d i n g East Jerusalem.'. I t was only thus that peace, s e c u r i t y and the independent development of a l l States and peoples i n the region could be ensured; He had f u r t h e r stressed support f o r the e a r l y convening of an i n t e r n a t i o n a l conference on the : Middle. Eastj with the p a r t i c i p a t i o n of a l l p a r t i e s concerned, i n c l u d i n g the P L O . 25. Mr, RAVENNA (Argentina) s a i d h i s delegation v/as convinced that the only v i a b l e s o l u t i o n to the c o n f l i c t i n the Middle East must be based on r e c o g n i t i o n of the i n a l i e n a b l e r i g h t of the Palestinian'people to s e l f - d e t e r m i n a t i o n . The p r i n c i p l e of self-determination lias complemented by another fundamental p i l l a r of i n t e r n a t i o n a l law, namely the p r i n c i p l e of t e r r i t o r i a l i n t e g r i t y , I s r a e l ' s i l l e g a l occupation of the Arab t e r r i t o r i e s since 1,97 c o n s i s t e n t l y v i o l a t e d both p r i n c i p l e s . The s i t u a t i o n had been aggravated by the v i o l a t i o n of the c i v i l , p o l i t i c a l , economic, s o c i a l and c u l t u r a l r i g h t s of the Palestine population by the I s r a e l i occupation forces, 26. H i s Government shared the concern expressed by the Special Committee to Investigate I s r a e l i P r a c t i c e s A f f e c t i n g the Human Rights of the' Population of the Occupied T e r r i t o r i e s , i n p a r t i c u l a r v;ith regard t o mass detentions, c o l l e c t i v e punishments, administrative detention and the treatment meted out to p r i s o n e r s . The nonf-application by I s r a e l of the Geneva Convention r e l a t i v e to the Protection of C i v i l i a n Persons i n Time of VJar vjarranted s p e c i a l a t t e n t i o n by the Commission. E/CN.4/1985/SR. page 7 27. In conclusion, he reaffirmed that h i s Government desired a peaceful, Just and l a s t i n g s o l u t i o n t o the question of the Middle East, and considered that such a s o l u t i o n could be achieved only by negotiations among a l l the p a r t i e s concerned, i n c l u d i n g the PLO. The s o l u t i o n should recognize the i n a l i e n a b l e r i g h t o f the P a l e s t i n i a n people to s e l f - d e t e r m i n a t i o n and to e s t a b l i s h a sovereign State, provide for the unconditional withdrawal of I s r a e l from a l l Arab t e r r i t o r i e s occupied since 1967, proclaim the r i g h t of a l l States i n the region to l i v e i n peace w i t h i n secure and i n t e r n a t i o n a l l y recognized f r o n t i e r s , and e s t a b l i s h a s p e c i a l regime f o r the c i t y of Jerusalem, i n accordance with the terms of General Assembly r e s o l u t i o n 303 ( I V ) . 28. Mr. DHILLON (India) s a i d that the events i n the I s r a e l i occupied t e r r i t o r i e s , i n c l u d i n g P a l e s t i n e , c o n s t i t u t e d one of the most serious v i o l a t i o n s of human r i g h t s i n modern times. Not only were the P a l e s t i n i a n s denied c i v i l r i g h t s and human d i g n i t y i n t h e i r homeland but those who had taken refuge abroad had been hounded and massacred. That was a s i t u a t i o n not only of d e n i a l o f p o l i t i c a l , c i v i l and economic r i g h t s but even o f the r i g h t to l i v e . The i n t e r n a t i o n a l community must r e i t e r a t e i t s resolve t o seek every means of r e s o l v i n g the i s s u e . 29. The p e r i o d i c reports submitted by the S p e c i a l Committee to Investigate I s r a e l i P r a c t i c e s A f f e c t i n g the Human Rights of the Population of the Occupied T e r r i t o r i e s had repeatedly stressed that I s r a e l i p o l i c y was d i r e c t l y responsible f o r the continuing and systematic v i o l a t i o n s of.human r i g h t s . I t was a matter of regret that I s r a e l , by denying the members o f the Committee access t o the occupied t e r r i t o r i e s , d i d not allow that mechanism t o f u n c t i o n e f f e c t i v e l y . I s r a e l had v i o l a t e d with impunity the 1949 Geneva Conventions, i n p a r t i c u l a r by i t s annexation of part of the occupied t e r r i t o r i e s , i n c l u d i n g Jerusalem, the establishment of new I s r a e l i settlements and expansion of e x i s t i n g settlements, the expulsion and displacement of Arab i n h a b i t a n t s from those t e r r i t o r i e s , the systematic d e s t r u c t i o n of h i s t o r i c a l , c u l t u r a l and r e l i g i o u s places, the closure of schools and u n i v e r s i t i e s , a r b i t r a r y a r r e s t s , i l l - t r e a t m e n t and t o r t u r e of detained persons, and so on. 3 0 . Although the I n t e r n a t i o n a l Conference on the Question of P a l e s t i n e , held i n August-September 1983, had c a l l e d f o r a h a l t to such p r a c t i c e s as the resettlement of Jews, d e s t r u c t i o n of Arab property, a l t e r a t i o n of a r c h e o l o g i c a l and c u l t u r a l e d i f i c e s , i n t e r f e r e n c e with the education system and i l l e g a l e x p l o i t a t i o n of the m a t e r i a l resources and population o f the occupied t e r r i t o r i e s , i n 1984 a large number of new Jewish settlements had been e s t a b l i s h e d i n the Vfest Bank. P a l e s t i n i a n leaders of l o c a l a d m i n i s t r a t i v e bodies had not been allowed t o f u n c t i o n and some of them had been imprisoned f o r p o l i t i c a l reasons. Over 3 , 0 0 0 Arab prisoners were reported to be held i n I s r a e l on s e c u r i t y charges. I s r a e l d i d not provide adequate m a t e r i a l support t o development p r o j e c t s i n the occupied t e r r i t o r i e s and placed r e s t r i c t i o n s on the t r a n s f e r of money from Arabs abroad t o the Vfest Bank. There were r e s t r i c t i o n s even on the import of Arabic books f o r students. Those f a c t s i n d i c a t e d that I s r a e l was attempting to a l t e r the ethnic and demographic composition of the occupied t e r r i t o r i e s , to stamp out the i d e n t i t y of the o r i g i n a l inhabitants of the area and t o destroy the very basis of t h e i r p h y s i c a l existence. 31. The only way to secure the human r i g h t s of the people of the occupied t e r r i t o r i e s would be f o r I s r a e l to agree to a negotiated settlement providing f o r a Just, comprehensive and durable s o l u t i o n acceptable t o a l l concerned. Such a s o l u t i o n must ensure the i n a l i e n a b l e r i g h t s o f the P a l e s t i n i a n people, i n c l u d i n g i t s r i g h t t o an independent nation State. He r e c a l l e d that Shrimati I n d i r a Gandhi, the l a t e Prime M i n i s t e r o f I n d i a , had stated that I s r a e l i attempts t o wipe out the P a l e s t i n i a n movement could not succeed i n the long run and a popular movement based on the l e g i t i m a t e a s p i r a t i o n s o f the people could not be put down by the force o f arms. E/CN.4/1985/SR. page 8 52. The general p r i n c i p l e s on the basis of which the P a l e s t i n i a n question could be resolved included the various r e s o l u t i o n s of the United Nations General Assembly and the S e c u r i t y Council, the recommendations of the Committee on the Exercise of the Inalienable Rights of the P a l e s t i n i a n People, the Arab Peace Plan elaborated a t the twelfth-Arab Summit Conference and the proposals made by both Eastern and Western groups of c o u n t r i e s . The Non-Aligned Summit Conference, held i n New Delhi i n March 1 9 8 5 , · i d e n t i f i e d the core of the problem as being the Z i o n i s t occupation of Palestine.and the usurpation and d e n i a l o f the i n a l i e n a b l e rights, o f the P a l e s t i n i a n -people. I t expressed f i r m opposition t o and condemnation of the p o l i c i e s and p r a c t i c e s pursued by I s r a e l i n the occupied Arab and Palestinian, t e r r i t o r i e s , According to the D e c l a r a t i o n , a j u s t and durable peace i n the area could not be established without I s r a e l ' s t o t a l and u n c o n d i t i o n a l withdrawal from a l l , A r a b t e r i r i t o r i e s occupied by i t since 196?) i n c l u d i n g Jerusalem, and without-the-^exercise of the i n a l i e n a b l e r i g h t s o f the P a l e s t i n i a n people. The Non-Aligned Summit"' Conference had a l s o reaffirraed that the PLO was the sole l e g i t i m a t e r e p r e s e n t a t i v e of the P a l e s t i n i a n people and must be represented on an independent and equal basis i n any e f f o r t to deal viith the P a l e s t i n i a n question. The Conference had,expressed i t s f u l l s o l i d a r i t y with the P a l e s t i n i a n people and.the PLO and had demanded that the United Nations S e c u r i t y Council should invoke the power vested i n i t with a view to ira.posing on I s r a e l the relevant sanctions prescribed i n the Charter o f the United Nations u n t i l that country withdrew from a l l occupied Arab t e r r i t o r i e s and complied f u l l y with i t s relevant d e c i s i o n s . 33I t was unfortunate that,, extraneous economic, p o l i t i c a l and s t r a t e g i c considerations stood i n the way o f a s o l u t i o n t o the problem which t h e ' e n t i r e world considered to be of prime ..importance, I n d i a , together with other non-aligned c o u n t r i e s , would continue to provide moral and m a t e r i a l support t o the P a l e s t i n i a n people under the leadership of the PLO i n t h e i r quest to achieve t h e i r i n a l i e n a b l e rights,, , 34. The,people of the occupied t e r r i t o r i e s looked to the Coramission to r e a f f i r m t h e i r r i g h t to an independent and sovereign State, to denounce the i l l e g a l I s r a e l i p r a c t i c e of s e t t l i n g I s r a e l i c i t i z e n s i n the occupied t e r r i t o r i e s and to put pressure on I s r a e l and I s r a e l ' s . supporters ..to move towards a l a s t i n g s o l u t i o n of the problem-. Such a s o l u t i o n was e s s e n t i a l i f the Arab refugees were to r e t u r n to t h e i r homeland and enjoy t h e i r basic r i g h t s and i f f a m i l i e s were.to be r e u n i t e d . Two immediate measures would be to stop the establishment of further I s r a e l i settlements i n the occupied t e r r i t o r i e s , pending a d e c i s i o n on e x i s t i n g settlements as part of the long-term s o l u t i o n , and to convene the I n t e r n a t i o n a l Peace Conference on the Middle East c a l l e d f o r i n General Assembly r e s o l u t i o n 39/49 of 11 December 1984, 35. The.occupation of the land of other States and the suppression o f legitimater i g h t s would not guarantee I s r a e l ' s s e c u r i t y . The conscience of mankind that condemned the inhuman persecution of -che Jews i n the f i r s t h a l f o f the twentieth century appealed to the people of I s r a e l today t o cease t h e i r inhumrn conduct toviards the i n h a b i t a n t s of the occupied t e r r i t o r i e s . The a c t i o n s of the Government o f I s r a e l were an a f f r o n t to the Charter of the United Nations, the Universal Declaration of Human Rights and the p r i n c i p l e s of i n t e r n a t i o n a l lav;. The a u t h o r i t y of the Comraission raust be brought t o bear i n ord,er t o avoid yet more pain and bloodshed f o r the Inhabitants of the occupied territories, 36. , DICHEV (Bulgaria) said t h a t , despite the number of Comraission r e s o l u t i o n s according high p r i o r i t y t o the issue under c o n s i d e r a t i o n , c e r t a i n delegations viewed i t purely as a matter o f r o u t i n e and one d e l e g a t i o n , i n p a r t i c u l a r , made r o u t i n e E/CN.4/1985/SR.-6 page 9 attempts to play down the magnitude of the problem. I t blamed the continuing . v i o l a t i o n s of human r i g h t s i n the occupied Arab t e r r i t o r i e s i n c l u d i n g P a l e s t i n e , on the alleged f a i l u r e of the United Nations to t a c k l e the v i t a l problems of mankind, whereas, i n f a c t , the r e a l reason was the f a i l u r e of a few delegations to co-operate with the m a j o r i t y . Such a p o l i c y d i d hot lend i t s e l f to a constructive vote i n the ^ Commission or elsewhere i n the United Nations system. The issue under consideration which had been on the Commission's agenda since i t s twenty-fourth s e s s i o n , continued, to be accorded high p r i o r i t y i n the Commission, -the General Assembly, the Security Council and many United Nations committees. Numerous r e s o l u t i o n s condemning the p o l i c i e s and p r a c t i c e s of I s r a e l and demanding unconditional withdrawal from the occupieà t e r r i t o r i e s had been adopted by an overwhelming majority. The continuing concern of the majority of member States proved t h e i r v i g i l a n c e and determination t o support a jxiët cause and not to be misled by deceptive speeches. 37- The i l l e g a l occupation of Arab t e r r i t o r i e s by I s r a e l had brought nothing but. death, misery and d e s t r u c t i o n to the population of those lands. The aggressive a n d expansionist course of the I s r a e l i Government had l i k e w i s e l e d to the i n v a s i o n o f Lebanon and'the occupation of a considérable part of i t s t e r r i t o r y . Sabra and C h a t i l a had been a l o g i c a l by-product'of that course. Despite I s r a e l ' s déclarations of: commitment to the cause of peace and human r i g h t s i n various i n t e r n a t i o n a l forums, i t had fdiiowed à p o l i c y of viblencé'and d e s t r u c t i o n i n the Middle East. human l i v e s had been'lost i n an absurd attempt to convince'the world that e s c a l a t i n g war could serve as a means f o r the promotion of peace and hUman r i g h t s . HoWever, the p r a c t i c a l ' follow-up of that strategy had been yet more t e n s i o n , more i n s t a b i l i t y , more v i c t i m s and more s u f f e r i n g . 38. The Government of I s r a e l was t a k i n g f u r t h e r a c t i o n i n the occupied Arab t e r r i t o r i e s to change t h e i r l e g a l s t a t u s , geographical nature and d e m o g r a p h i c c o m p o s i t i o n . " T h e population was subjected to evacuation',' deportation, c o l l e c t i v e punièhmént',; a r b i t r a r y a r r e s t , i l l - t r e a t m e n t and t o r t u r e . Other v i o l a t i o n s of human r i g h t s included' c o n f i s c a t i o n and expropiriation of property, d e s t r u c t i o n of houses and i l l e g a l e x p l o i t a t i o n of natur&l resources. The Committee on the E x e r c i s e of the Inalienable' Rights of the' P a l e s t i n i a n P e o p l e had described i n report Wo. /3935 the f u r t h e r l e g i s l a t i v e measures .introduced "by the occupying a u t h o r i t i e s to impose I s r a e l i ' ' c i v i l ' and C r i m i n a l l e g i s l a t i o n i n the occupied t e r r i t o r i e s . The Committee considered t h a t such measures were i n f l a g r a n t v i o l a t i o n of the p r i n c i p l e s of i n t e r n a t i o n a l law and of numerous Security Council r e s o l u t i o n s . ' 39. The expansionist and aggressive I s r a e l i course i n the Middle East, the concomitant d e t e r i o r a t i o n , i n the human r i g h t s s i t u a t i o n and the contemptuous a t t i t u d e of the Government Of I s r a e l towards the i n t e r n a t i o n a l community would not have been p o s s i b l e without the e x t e r n a l p o l i t i c a l , diplomatic, economic and m i l i t a r y assistance I s r a e l received. In order to c o n t r i b u t e to a Just and l a s t i n g s o l u t i o n to the problems d f human r i g h t s i n the occupied t e r r i t o r i e s , the Commission should c a l l once again f o r the f u l l r e s t o r a t i o n of the i n a l i e n a b l e r i g h t s of the P a l e s t i n i a n people to s e l f determination, independence and the establishment of t h e i r own sovereign State.-.ás w e l l as for I s r a e l ' s t o t a l and unconditional withdrawal from the occupied Arab t e r r i t o r i e s , i n c l u d i n g Jerusalem. I t would be u s e f u l to convene an i n t e r n a t i o n a l conference with the p a r t i c i p a t i o n of a l l p a r t i e s concerned, i n c l u d i n g the PLO as the sole and l e g i t i m a t e representative of the P a l e s t i n i a n peó'ple. 40. His d'elagation had sponsored a number of Commission r e s o l u t i o n s on the v i o l a t i o n s of human r i g h t s i n the occupied Arab t e r r i t o r i e s , i n c l u d i n g P a l e s t i n e . I t therefore attached great importance to t h e i r f u l l and s t r i c t implementation and reaffirmed i t s readiness to continue i t s co-operation with the Commission to that end. E/CN.4/1985/SR.6 page 10 41. Mr. DHANAPALA ( S r i Lanka) said that the root cause of the t r a g i c s i t u a t i o n i n the Middle East was foreign i n t e r v e n t i o n and occupation i n contravention of the Charter of the United Nations. The d e n i a l of the i n a l i e n a b l e r i g h t of the P a l e s t i n i a n people to self-determination contravened a l l norms of i n t e r n a t i o n a l behaviour. The p r i n c i p l e s enshrined i n the Charter of the United Nations were the ultimate defence of smaller countries and the guarantee that superior force would not be the a r b i t e r of i n t e r n a t i o n a l r e l a t i o n s . The use of force against the p o l i t i c a l independence, t e r r i t o r i a l i n t e g r i t y and unity of another State could not be j u s t i f i e d under any circumstances. 42. On 29 November 1984, the International Day of S o l i d a r i t y with the P a l e s t i n i a n People, the President of S r i Lanka, J.R. Jayewardene, had r e i t e r a t e d S r i Lanka's support f o r the P a l e s t i n i a n cause and the i n a l i e n a b l e r i g h t s of the P a l e s t i n i a n people and had stressed that the return of the P a l e s t i n i a n s to t h e i r homeland was a p r e r e q u i s i t e f o r the establishment of a j u s t and l a s t i n g peace i n tha Middle East. 43. S r i Lanka considered that the PLO should p a r t i c i p a t e i n s o l v i n g the problem on an equal f o o t i n g with other p a r t i e s . The PLO had a resident mission i n Colombo, S r i Lanka, viith the f u l l diplomatic status of an embassy. 44. S r i Lanka had taken an a c t i v e part i n many i n t e r n a t i o n a l meetings held under the auspices of the United Nations and the Movement of Non-Alighed Countries and was one of three Member States^appointed to serve on the Special Committee to Investigate I s r a e l i Practices A f f e c t i n g the Human Rights of the Population of the Occupied T e r r i t o r i e s , established by General Assembly r e s o l u t i o n 2443 (XXIII) of 19 December 1968. The Special Committee's report to the t h i r t y - n i n t h session of the General Assembly described the continuinñ d e t e r i o r a t i o n of the human r i g h t s s i t u a t i o n i n the occupied t e r r i t o r i e s . The people of P a l e s t i n e , l i k e those of Namibia, were s t i l l denied the r i g h t to determine t h e i r i n t e r n a l and external p o l i t i c a l status and the r i g h t to economic, s o c i a l and c u l t u r a l development. The freedom of movement of trade u n i o n i s t s , lawyers, teachers and j o u r n a l i s t s was r e s t r i c t e d . The m i l i t a r y a u t h o r i t i e s c o n t r o l l e d academic s t a f f tenure on the West Bank and ordered mass t r a n s f e r s of teachers and students from one region of the.occupied t e r r i t o r i e s ' t o another. The r i g h t to education and to freedom of expression were a l s o hot observed. I s r a e l ' s treatment of the c i v i l i a n population of the occupied t e r r i t o r i e s and the harsh conditions p r e v a i l i n g i n the Fara'a i n t e r r o g a t i o n centre contravynod I s r a e l ' s o b l i g a t i o n s under the Fourth Geneva Convention. 45. The occupation forces v i o l a t e d the r i g h t to self-determination and other human r i g h t s of the indigenous population and v/ere attempting to consolidate t h e i r p o s i t i o n i n the face of r e s i s t a n c e . Strident d e n i a l s could not be c r e d i b l e while the occupation forces prevented the Special Committee from v i s i t i n g the occupied t e r r i t o r i e s . The only s o l u t i o n v;as the withdrawal of the I s r a e l i occupying f o r c e s . 46. Mr. BIGGAR (Ireland) said t h a t the d e n i a l of the P a l e s t i n i a n people's basic r i g h t to self-determination had led^ to the d e n i a l of many other human r i g h t s . His delegation had been disturbed a t the serious a l l e g a t i o n s of maltreatment, r e s t r i c t i o n s on freedom of movement, the removal of democratically-elected representatives, banishment, curfew, censorship and the closure of academic i n s t i t u t i o n s . Tne p o l i c y of creating and expanding settlements i n the occupied t e r r i t o r i e s gave p a r t i c u l a r cause for concern. I t s aim was the a l t e r a t i o n of the E/CN.4/1985/SR.6 page 11 physical and demographic character of the t e r r i t o r i e s , and i t had been accuratelydascribed as creeping annexation. I s r a e l must abandon i t s i l l e g a l attempts to change the status of the occupied t e r r i t o r i e s . His delegation c a l l e d upon the Government of I s r a e l to d e s i s t from i t s stated objective of e s t a b l i s h i n g a further s i x settlements i n 1985* 47The issue under discussion was a facet of the wider and more complex problemrooted i n the c o n f l i c t between opposing r i g h t s of the P a l e s t i n i a n s and those of I s r a e l . While both sets of r i g h t s could not be f u l l y and simultaneously accommodated, h i s delegation believed that an equitable and p r a c t i c a l e q u i l i b r i u m could be achieved i f two c e n t r a l p r i n c i p l e s were acknowledged and implemented: the r i g h t of a l l peoples i n the area, i n c l u d i n g P a l e s t i n i a n s , to j u s t i c e and self-determination and the r i g h t of a l l States i n the area, i n c l u d i n g I s r a e l , to e x i s t i n peace and s e c u r i t y within recognized and guaranteed borders. Unfortunately, while the l e g i t i m a t e r i g h t s of I s r a e l had, i n p r a c t i c e , been secured, those of the P a l e s t i n i a n s had been a c t i v e l y denied. A s o l u t i o n could only be achieved through a negotiated settlement between the p a r t i e s d i r e c t l y concerned, i n c l u d i n g the PLO. Outside p a r t i e s , through t h e i r influence over the p a r t i e s involved, could contribute to the achievement of an o v e r - a l l settlement and thus to securing and implementing the r i g h t s of the P a l e s t i n i a n people. In accordance with Security Council r e s o l u t i o n s 242 and 338, I s r a e l must end i t s occupation of the Arab t e r r i t o r i e s . Meanwhile, i t must implement the relevant Geneva Conventions i n t h e i r e n t i r e t y . His delegation c a l l e d upon a l l p a r t i e s concerned to do t h e i r utmost to bring about a réconciliation of the r i g h t s of the P a l e s t i n i a n s and those of I s r a e l through negotiation and compromise. U n t i l that happened, the only prospect was that of continued oppression and f u r t h e r v i o l a t i o n s of fundamental human r i g h t s and freedoms. 48. 1^. DABBAGH (Observer f o r Kuwait) said that the s i t u a t i o n of the oppressed P a l e s t i n i a n people, f o r which no j u s t s o l u t i o n had yet been achieved, remained a blot on the world's conscience and a major cause of tension i n the Middle Eaist, where the s i t u a t i o n was i n danger of f u r t h e r d e t e r i o r a t i o n . The oppression a g a i n s t the P a l e s t i n i a n people had f o r many years gone unchecked; P a l e s t i n i a n s had been expelled from t h e i r a n c e s t r a l lands f o r the benefit of foreign s e t t l e r s , and had been made second-class c i t i z e n s i n t h e i r own t e r r i t o r y ever since the State of I s r a e l had been e s t a b l i s h e d . I s r a e l , by the p o l i c y of expansion i t had pursued since 1967, continued to thwart the wishes of the United Nations and was f o r c i b l y denying the P a l e s t i n i a n and other Arab peoples t h e i r r i g h t s , i n c l u d i n g the r i g h t to self-détermination, defying world public opinion and f l o u t i n g a l l tenets of i n t e r n a t i o n a l law and human r i g h t s . 49·· Tne wealth of evidence c o n t i n u a l l y reaching the Commission from unimpeachable sources showed that I s r a e l faced not mere a l l e g a t i o n s and slanders but serious charges of r e a l crimes. The d i s t u r b i n g catalogue of events reported during 1984 painted a p i c t u r e a l l too s i m i l a r to that of previous years and l i k e l y to remain unchanged unless f i r m a c t i o n was taken. Tne report of the Special Committee to Investigate I s r a e l i Practices A f f e c t i n g the Human Rights of the Population of the Occupied T e r r i t o r i e s (A /39/591), and the accompanying note verbale, provided a d e t a i l e d and c a r e f u l study prepared by a representative, unbiased body; the d e t a i l s showed c l e a r l y how I s r a e l was continuing the expansionist p o l i c y which i t had begun i n 1967 and intended to pursue w e l l i n t o the next century, and what s u f f e r i n g that p o l i c y had created for the P a l e s t i n i a n people, whose basic human r i g h t s , i n c l u d i n g freedom of.movement and expression, were being constantly v i o l a t e d . F i f t e e n e a r l i e r reports had r e f l e c t e d the same bleak p i c t u r e . I t seamed i n c r e d i b l e that S: people which had borne the s u f f e r i n g s i n f l i c t e d by nazism could i n f l i c t s i m i l a r s u f f e r i n g on others. /.4/1985/SR.6 page 12 50. The note prepared by the PLQ and-transmitted by the Permanent Mission of Jordan (E/CN. 4/1985/55) described