United Nations

A/C.4/64/L.13
Distr.: General 13 November 2009 Original: English

General Assembly

Sixty-fourth session

Special Political and Decolonization Committee (Fourth Committee)
Agenda item 31 United Nations Relief and Works Agency for Palestine Refugees in the Near East Algeria, Bahrain, Bangladesh, Brunei Darussalam, Comoros, Cuba, Democratic People's Republic of Korea, Djibouti, Egypt, Guinea, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Mauritania, Morocco, Nicaragua, Oman, Qatar, Saudi Arabia, Senegal, Somalia, South Africa, Sudan, Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of), Yemen and Palestine: draft resolution

Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East
The General Assembly, Recalling its resolutions 194 (III) of 11 December 1948, 212 (III) of 19 November 1948, 302 (IV) of 8 December 1949 and all subsequent related resolutions, including its resolution 63/93 of 5 December 2008, Recalling also the relevant Security Council resolutions, Having considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 January to 31 December 2008, 1 Taking note of the letter dated 10 June 2009 from the Chairman of the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East addressed to the Commissioner-General, 2 Deeply concerned about the critical financial situation of the Agency, as well as about its rising expenditures resulting from the deterioration of the socioeconomic and humanitarian conditions in the region and their significant negative impact on the provision of necessary Agency services to the Palestine refugees, including its emergency-related and development programmes,
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2

Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 13 (A/64/13 and Add.1). Ibid., pp. vi and vii.

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Recalling Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations, 3 Recalling also the Convention on the Safety of United Nations and Associated Personnel, 4 Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 5 to the Palestinian territory occupied since 1967, including East Jerusalem, Aware of the continuing needs of the Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely, Jordan, Lebanon and the Syrian Arab Republic, Gravely concerned about the extremely difficult living conditions being faced by the Palestine refugees in the Occupied Palestinian Territory, including East Jerusalem, particularly in the refugee camps in the Gaza Strip, as a result of the continuing prolonged Israeli closures and severe economic and movement restrictions that in effect amount to a blockade and the military operations in the Gaza Strip between December 2008 and January 2009, which caused extensive loss of life and injury, particularly among Palestinian civilians, including children and women; widespread damage and destruction to Palestinian homes, properties, vital infrastructure and public institutions, including hospitals, schools and United Nations facilities; and internal displacement of civilians, Commending the extraordinary efforts by the Agency to provide emergency relief, medical, food, shelter and other humanitarian assistance to needy and displaced families in the Gaza Strip, Recalling in this regard resolution ES-10/18 of 16 January 2009 and Security Council resolution 1860 (2009) of 8 January 2009, Expressing regret over the continued suspension of the Agency's efforts to repair and rebuild thousands of damaged or destroyed refugee shelters due to the continued prohibition of the import of essential construction materials into the Gaza Strip by Israel, Stressing the urgent need for reconstruction to begin in the Gaza Strip, including through the completion of numerous suspended projects managed by the Agency, according to the proposal of the Secretary-General, and the commencement of United Nations-led civilian reconstruction activities, Welcoming in this regard the International Conference in Support of the Palestinian Economy for the Reconstruction of Gaza, held in Sharm el-Sheikh, Egypt, in March 2009, and urging the disbursement of pledges to accelerate the reconstruction process, Taking note of the Agency's continuing efforts to assist those refugees affected and displaced by the crisis in the Nahr el-Bared refugee camp in northern Lebanon, and welcoming the efforts of the Government of Lebanon and the international community to support the rebuilding by the Agency of the Nahr el-Bared camp,
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3 4 5

Resolution 22 A (I). United Nations, Treaty Series, vol. 2051, No. 35457. Ibid., vol. 75, No. 973.

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Aware of the valuable work done by the Agency in providing protection to the Palestinian people, in particular Palestine refugees, Gravely concerned about the endangerment of the safety of the Agency's staff and about the damage and destruction caused to the facilities of the Agency, in particular as a result of the military operations in the Gaza Strip during the reporting period, Deploring the extensive damage and destruction of Agency facilities in the Gaza Strip caused during the military operations between December 2008 and January 2009, including to schools where civilians were sheltered and the Agency's main compound and warehouse, as reported in the summary by the SecretaryGeneral on the report of the Board of Inquiry 6 and in the report of the United Nations Fact-finding Mission on the Gaza Conflict, 7 Deploring also in this regard the breaches of the inviolability of United Nations premises, the failure to accord the property and assets of the Organization immunity from any form of interference and the failure to protect United Nations personnel, premises and property, Deploring further the killing and injury of Agency staff members by the Israeli occupying forces in the Occupied Palestinian Territory since September 2000, Deploring the killing and wounding of refugee children in the Agency schools by the Israeli occupying forces, Expressing deep concern about the gravely negative impact of the continuing prolonged closures and severe restrictions on the movement of persons and goods, which in effect amount to a blockade in the Gaza Strip, and the construction of the wall, contrary to international law, in the Occupied Palestinian Territory, including in and around East Jerusalem, on the socio-economic situation of the Palestine refugees, Deeply concerned about the continuing imposition of restrictions on the freedom of movement and access of the Agency's staff, vehicles and goods, and the injury, harassment and intimidation of the Agency's staff, which undermine and obstruct the work of the Agency, including its ability to provide essential basic and emergency services, Aware of the agreement between the Agency and the Government of Israel, Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization, 8 1. Reaffirms that the effective functioning of the United Nations Relief and Works Agency for Palestine Refugees in the Near East remains essential in all fields of operation; Expresses its appreciation to the Commissioner-General of the United 2. Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all of the staff of the Agency, for their tireless efforts and valuable work,
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6 7 8

See A/63/855-S/2009/250. To be published under the symbol A/HRC/12/48. Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13 (A/49/13), annex I.

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particularly in the light of the difficult conditions and dangerous circumstances faced during the past year, and, on the occasion of her impending retirement, expresses its appreciation to Commissioner-General Karen AbuZayd for her nine years of dedicated service to the Palestine refugees; Expresses special commendation to the Agency on the occasion of the 3. sixtieth anniversary of its establishment; 4. Expresses its appreciation to the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and requests it to continue its efforts and to keep the General Assembly informed of its activities; Takes note with appreciation of the two reports of the Working Group on 5. the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East 9 and the efforts of the Working Group to assist in ensuring the financial security of the Agency, and requests the Secretary-General to provide the necessary services and assistance to the Working Group for the conduct of its work; Commends the Agency's six-year Medium Term Strategy, commencing in 6. January 2010, and the continuing efforts of the Commissioner-General to increase the budgetary transparency and efficiency of the Agency, as reflected in the Agency's programme budget for the biennium 2010-2011 10 and its comprehensive, three-year organizational development plan; 7. Requests the Secretary-General to support the institutional strengthening of the Agency through the provision of sufficient financial resources from the regular budget of the United Nations; Endorses the conclusions of the report of the extraordinary meeting of 8. the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, 11 in particular its request that the Secretary-General provide a report on the strengthening of the management capacity of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to the relevant bodies of the General Assembly at the earliest possible date; Also endorses the efforts of the Commissioner-General to continue to 9. provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are internally displaced and in serious need of continued assistance as a result of recent crises in the Occupied Palestinian Territory and Lebanon; 10. Welcomes the pledges made at the International Donor Conference for the Recovery and Reconstruction of the Nahr el-Bared Palestine Refugee Camp and Conflict-affected Areas of Northern Lebanon, held in Vienna on 23 June 2008, and urges all parties to expedite the reconstruction of the camp to alleviate the ongoing suffering of the displaced persons;

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A/64/115 and A/64/519. Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 13A (A/64/13/Add.1). A/64/115.

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11. Acknowledges the important support provided by the host Governments to the Agency in the discharge of its duties; 12. Encourages the Agency, in close cooperation with other relevant United Nations entities, to continue making progress in addressing the needs and rights of children and women in its operations in accordance with the Convention on the Rights of the Child 12 and the Convention on the Elimination of All Forms of Discrimination against Women, 13 respectively; 13. Expresses concern about the relocation of the international staff of the Agency from its headquarters in Gaza City and the disruption of operations at the headquarters due to the deterioration and instability of the situation on the ground; 14. Calls upon Israel, the occupying Power, to comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;5 15. Also calls upon Israel to abide by Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations3 in order to ensure the safety of the personnel of the Agency, the protection of its institutions and the safeguarding of the security of its facilities in the Occupied Palestinian Territory, including East Jerusalem; 16. Urges the Government of Israel to speedily compensate the Agency for damage and destruction to its property and facilities resulting from actions by the Israeli side, including as a result of the military operations in the Gaza Strip between December 2008 and January 2009, and to expeditiously reimburse the Agency for all transit charges incurred and other financial losses sustained as a result of delays and restrictions on movement and access imposed by Israel; 17. Calls upon Israel particularly to cease obstructing the movement and access of the staff, vehicles and supplies of the Agency and to cease the levying of extra fees and charges, which affect the Agency's operations detrimentally; 18. Also calls upon Israel to cease its obstruction of the import of necessary construction materials and supplies for the reconstruction and repair of damaged or destroyed Agency facilities and for the implementation of suspended civilian infrastructure projects in refugee camps in the Gaza Strip; 19. Requests the Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the Occupied Palestinian Territory; 20. Notes with appreciation the progress made by the Agency in the modernization of its archives through the Palestine Refugee Records Project, and encourages the Commissioner-General to finalize the project as rapidly as possible and to report on the progress made to the General Assembly at its sixty-fifth session; 21. Notes the success of the Agency's microfinance and microenterprise programmes, and calls upon the Agency, in close cooperation with the relevant agencies, to continue to contribute to the development of the economic and social stability of the Palestine refugees in all fields of operation;
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United Nations, Treaty Series, vol. 1577, No. 27531. Ibid., vol. 1249, No. 20378.

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22. Reiterates its appeals to all States, specialized agencies and non-governmental organizations to continue and to augment the special allocations for grants and scholarships for higher education to Palestine refugees in addition to their contributions to the regular budget of the Agency and to contribute to the establishment of vocational training centres for Palestine refugees, and requests the Agency to act as the recipient and trustee for the special allocations for grants and scholarships; 23. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the ongoing financial constraints, especially with respect to the Agency's regular budget deficit, noting that financial shortfalls have been exacerbated by the current humanitarian situation on the ground that has resulted in rising expenditures, in particular with regard to emergency services, and to support the Agency's valuable and necessary work in assisting the Palestine refugees in all fields of operation.

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