Sixty-first session Agenda item 40 Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources Report of the Second Committee Rapporteur: Ms. Vanessa Gomes (Portugal) I. Introduction 1. At its 2nd plenary meeting, on 13 September 2006, the General Assembly, on the recommendation of the General Committee, decided to include in the agenda of its sixty-first session the item entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources” and to allocate it to the Second Committee. 2. The Second Committee considered the item at its 17th, 22nd and 28th meetings, on 20 and 26 October and 10 November 2006. An account of the Committee’s discussion of the item is contained in the relevant summary records (A/C.2/61/SR.17, 22 and 28). Attention is also drawn to the general debate held by the Committee at its 2nd to 6th meetings, from 2 to 4 October (see A/C.2/61/SR.2-6). 3. For its consideration of the item, the Committee had before it the following documents: (a) Relevant chapters of the report of the Economic and Social Council for 2006; (b) Note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan (A/61/67-E/2006/13). 4. At the 17th meeting, on 20 October, the Executive Secretary of the Economic and Social Commission for Western Asia made an introductory statement (see A/C.2/61/SR.17). 5. At the same meeting, pursuant to section C, paragraph 3 (d), of General Assembly resolution 58/316, the Committee held a dialogue with the substantive representative, during which comments were made and questions were posed by the representatives of the Sudan, Kuwait and Egypt, as well as by the observer for Palestine, to which the Executive Secretary of the Economic and Social Commission for Western Asia responded (see A/C.2/61/SR.17). II. Consideration of draft resolution A/C.2/61/L.13 and Rev.1 6. At the 22nd meeting, on 26 October, the representative of Egypt, on behalf of Algeria, Bahrain, the Comoros, Cuba, Djibouti, Egypt, Guinea, Iraq, Kuwait, Lebanon, Morocco, Namibia, Oman, Qatar, Saudi Arabia, Senegal, Somalia, the Sudan, Tunisia, the United Arab Emirates, Yemen and Palestine, introduced a draft resolution entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources” (A/C.2/61/L.13). Subsequently, Jordan and Mauritania joined in sponsoring the draft resolution, which read: “The General Assembly, “Recalling its resolution 60/183 of 22 December 2005, and taking note of Economic and Social Council resolution 2006/43 of 27 July 2006, “Recalling also its resolutions 59/251 of 22 December 2004 and 58/292 of 6 May 2004, “Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources, “Guided by the principles of the Charter of the United Nations, affirming the inadmissibility of the acquisition of territory by force, and recalling relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981, “Recalling its resolution 2625 (XXV) of 24 October 1970, “Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, “Recalling, in this regard, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan, “Recalling also the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, and recalling further its resolution ES-10/15 of 20 July 2004, “Expressing its grave concern at the exploitation by Israel, the occupying Power, of the natural resources of the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, “Expressing its grave concern also at the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory, including the uprooting of a vast number of fruit-bearing trees and the razing of agricultural fields, “Expressing its concern at the widespread destruction caused by Israel, the occupying Power, to vital infrastructure, including water pipelines and sewage networks, in the Occupied Palestinian Territory, which, inter alia, pollutes the environment and negatively affects the natural resources of the Palestinian people, “Aware of the detrimental impact of the Israeli settlements on Palestinian and other Arab natural resources, especially as a result of the confiscation of land and the forced diversion of water resources, and of the dire economic and social consequences in this regard, “Aware also of the detrimental impact on Palestinian natural resources being caused by the unlawful construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as it is depriving the Palestinian people of their natural resources and gravely affecting their economic and social conditions, “Reaffirming the need for the immediate resumption of negotiations within the Middle East peace process, on the basis of Security Council resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of 12 March 2002, the principle of land for peace and the Quartet performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict, as endorsed by the Security Council in its resolution 1515 (2003) of 19 November 2003, and for the achievement of a final settlement on all tracks, “Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of settlements therein as a step towards the implementation of the road map, “Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction, “Taking note with appreciation of the note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan, “1. Reaffirms the inalienable rights of the Palestinian people and the population of the occupied Syrian Golan over their natural resources, including land and water; “2. Calls upon Israel, the occupying Power, not to exploit, damage, cause loss or depletion of, or endanger the natural resources in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan; “3. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, damage, loss or depletion, or endangerment of their natural resources resulting from illegal measures taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and expresses the hope that this issue will be dealt with in the framework of the final status negotiations between the Palestinian and Israeli sides; “4. Stresses that the wall being constructed by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, is contrary to international law and is seriously depriving the Palestinian people of their natural resources, and calls in this regard for full compliance with the legal obligations mentioned in the 9 July 2004 advisory opinion of the International Court of Justice and in resolution ES-10/15; “5. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map; “6. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem; “7. Also calls upon Israel, the occupying Power, to cease the dumping of all kinds of waste materials in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely the water and land resources, and pose an environmental hazard and health threat to the civilian populations; “8. Also calls upon Israel to cease its destruction of vital infrastructure, including water pipelines and sewage networks, which, inter alia, negatively impacts the natural resources of the Palestinian people; “9. Requests the Secretary-General to report to it at its sixty-second session on the implementation of the present resolution, and decides to include in the provisional agenda of its sixty-second session the item entitled ‘Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources’”. 7. At its 28th meeting, on 10 November, the Committee had before it a revised draft resolution entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources” (A/C.2/61/L.13/Rev.1), submitted by the sponsors of draft resolution A/C.2/61/L.13 and Brunei Darussalam, Indonesia, Malaysia, Pakistan, South Africa and Venezuela (Bolivarian Republic of). Subsequently, Jordan joined in sponsoring the revised draft resolution. 8. At the same meeting, the Committee was informed that the revised draft resolution had no programme budget implications. 9. Also at the same meeting, the Committee adopted revised draft resolution A/C.2/61/L.13/Rev.1 by a recorded vote of 141 to 6, with 6 abstentions (see para. 15). 10. Statements in explanation of vote were made by the representatives of Israel and El Salvador before the vote (see A/C.2/61/SR.28). 11. The voting was as follows: In favour: Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Cambodia, Cape Verde, Chile, China, Colombia, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guyana, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Uruguay, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zimbabwe. Against: Australia, Israel, Marshall Islands, Micronesia (Federated States of), Palau, United States of America. Abstaining: Cameroon, Canada, Côte d’Ivoire, Haiti, Nauru, Uganda. 12. After the adoption of the draft resolution, statements in explanation of vote were made by the representatives of Finland (on behalf of the States Members of the United Nations that are members of the European Union and Bosnia and Herzegovina, Bulgaria, Croatia, Montenegro, Romania, Serbia, the former Yugoslav Republic of Macedonia and Turkey, as well as Norway and Ukraine), the United States of America, Canada and Moldova (see A/C.2/61/SR.28). 13. A statement was made by the representative of Kuwait (see A/C.2/61/SR.28). 14. The observer for Palestine also made a statement (see A/C.2/61/SR.28). III. Recommendation of the Second Committee 15. The Second Committee recommends to the General Assembly the adoption of the following draft resolution: Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources The General Assembly, Recalling its resolution 60/183 of 22 December 2005, and taking note of Economic and Social Council resolution 2006/43 of 27 July 2006, Recalling also its resolutions 59/251 of 22 December 2004 and 58/292 of 6 May 2004, Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources, Guided by the principles of the Charter of the United Nations, affirming the inadmissibility of the acquisition of territory by force, and recalling relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981, Recalling its resolution 2625 (XXV) of 24 October 1970, Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, Recalling, in this regard, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan, Recalling also the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, and recalling further its resolution ES10/15 of 20 July 2004, Expressing its concern at the exploitation by Israel, the occupying Power, of the natural resources of the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, Expressing its grave concern at the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory, including the uprooting of a vast number of fruit-bearing trees, Expressing its concern at the widespread destruction caused by Israel, the occupying Power, to vital infrastructure, including water pipelines and sewage networks, in the Occupied Palestinian Territory, which, inter alia, pollutes the environment and negatively affects the natural resources of the Palestinian people, Aware of the detrimental impact of the Israeli settlements on Palestinian and other Arab natural resources, especially as a result of the confiscation of land and the forced diversion of water resources, and of the dire economic and social consequences in this regard, Aware also of the detrimental impact on Palestinian natural resources being caused by the unlawful construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and of its grave effect on the natural resources and economic and social conditions of the Palestinian people, Reaffirming the need for the immediate resumption of negotiations within the Middle East peace process, on the basis of Security Council resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of 12 March 2002, the principle of land for peace and the Quartet performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict, as endorsed by the Security Council in its resolution 1515 (2003) of 19 November 2003, and for the achievement of a final settlement on all tracks, Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of settlements therein as a step towards the implementation of the road map, Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction, Taking note with appreciation of the note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan, 1. Reaffirms the inalienable rights of the Palestinian people and the population of the occupied Syrian Golan over their natural resources, including land and water; 2. Calls upon Israel, the occupying Power, not to exploit, damage, cause loss or depletion of, or endanger the natural resources in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan; 3. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, damage, loss or depletion, or endangerment of their natural resources resulting from illegal measures taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and expresses the hope that this issue will be dealt with in the framework of the final status negotiations between the Palestinian and Israeli sides; 4. Stresses that the wall being constructed by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, is contrary to international law and is seriously depriving the Palestinian people of their natural resources, and calls in this regard for full compliance with the legal obligations mentioned in the advisory opinion of 9 July 2004 of the International Court of Justice_Ref151991638 \h \* MERGEFORMAT 3 and in resolution ES-10/15; 5. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map; 6. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem; 7. Also calls upon Israel, the occupying Power, to cease the dumping of all kinds of waste materials in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely the water and land resources, and pose an environmental hazard and health threat to the civilian populations; 8. Also calls upon Israel to cease its destruction of vital infrastructure, including water pipelines and sewage networks, which, inter alia, has a negative impact on the natural resources of the Palestinian people; 9. Requests the Secretary-General to report to it at its sixty-second session on the implementation of the present resolution, and decides to include in the provisional agenda of its sixty-second session the item entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources”. A/61/3 and Add.1; for the final text see Official Records of the General Assembly, Sixty-first Session, Supplement No. 3 (A/61/3/Rev.1). In accordance with General Assembly resolution 52/250. The representative of Brunei Darussalam subsequently indicated that her vote, which was not reflected, should have been in favour of the draft resolution. United Nations, Treaty Series, vol. 75, No. 973. See resolution 2200 A (XXI), annex. A/ES-10/273 and Corr.1. See S/2003/529, annex. A/61/67-E/2006/13. __________________ __________________  sss1 \* MERGEFORMAT A/61/418 sss1 \* MERGEFORMAT A/61/418 FooterJN \* MERGEFORMAT 06-54900 \* MERGEFORMAT 8 \* MERGEFORMAT 9 FooterJN \* MERGEFORMAT 06-54900 United Nations A/61/418 General Assembly Distr.: General 17 November 2006 Original: English jobn \* MERGEFORMAT 06-54900 (E) 271106 Barcode \* MERGEFORMAT *0654900*