THE PERMANENTMISSIONOF

SOUTHAFRICA
TO THE TINITEDNATIONS

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STATEMENT BY AMtsASSADOR DUMISANIS.KUMALO PERMAI{ENTREPRE SENTATIVE OF THE REPUBLICOF SOUTHAFRICA AT THE RESUMED TENTH EMERGENCYSPECIALSESSIOI{

UI{ITEDNATIONSGENERALASSEMBLY NEW YORK 15DECEMBER 2006

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MadamePresident, itself and supportthe statementdeliveredby the My delegationwishes to associate of representative Cubaon behalfof the Non-AlignedMovement. MadamePresident, Over two years ago, after a request from this Assembly for an advisory opinion, the InternationalCourt of Justice(ICJ), declaredthat the constructionof the wall being built by Israel, is contraryto internationallaw and that Israel is under an obligation to cease constructionof the wall and to make reparationfor all damagecausedby the construction that "reparationmust,as far as 152 of the wall. Paragraph of the Courtsdecisionstipulated the of possible, wipe out all the consequences the illegal act and re-establish situationwhich would, in all probability,have existed if that act had not been committed". The Court "Israel also has an obligation to compensate, in further declared,in paragraph153, that persons having law, all naturalor legal rules of intemational with the applicable accordance as sufferedany form of materialdamage a resultof the wall's construction." Assembly,in its resolutionES-I0/15 of Conveningafterthe decisionof the ICJ, the General the Court's advisory opinion. The General Assembly 2 August 2004 acknowledged in as Israelcomply with its legal obligations mentioned the advisoryopinion and demanded set up a registerof damagesbrought about by the to mandatedthe Secretary-General of construction the wall. that the United Nationshasa wereguidedin theseactionsby our recognition Member States until it is resolvedin its entirety towardsthe questionof Palestine permanent responsibility law of on the basisof the Charterand relevantresolutions the United Nations,international and intemationalhumanitarianlaw. MadamePresident, to has In pursuantto the mandateof this Assembly,the Secretary-General presented us a Register Damage. We welcomethe SG's report and urge the Assemblyto of report on the The of its beforeus endorsing recommendations. Register Damage adoptthe draft resolution will serve as clear evidenceof the loss suffered by innocent civilians causedby the of construction the wall. in documentation, the form, of The Register of Damage should be the comprehensive to that hasbeenand continues be of verificationand assessment, all the damage registration, registerof the nature a comprehensive of causedby the construction the wall. Through required. caused reparations and proposed, damage will we be ableto ascertain for My delegationbelievesthat for the Registerto be objectiveit wouid be necessary the objectivity.impartialityand due regard on Board be selected the basisof independence, diversityof the member'snationalities.Furthermore shouldbe paid to the geographical we support the contentionthat the Board should be selectedby the General Assembly nominated the Secretary-General. by basedon the candidates

MadamePresident" Since the decisionof the InternationalCourt of Justice,Israel has pressedaheadwith the in law. We are construction the wall and settlements, clearcontravention international of of particularly concernedat the action of the Israeli governmentto predetermine final status issuessuch as that of the future of Jerusalem. In his report to the GeneralAssembly on 19 October 2006, the Special Rapporteuron the situation of human rights in the Palestinian territoriesoccupied since 1997, ProfessorJohn Dugard, noted that Israel The Wall is constructed continues policy of the "de-Palestinization Jerusalem". its of population Palestinian of in sucha way as to placeabouta quarterof EastJerusalem's 230,000 in the West Bank. ProfessorDugard reportsthat this action of the Israeli assumes predominantly a Jewish Governmentis designedto ensurethat Jerusalem which will underminePalestinian claims to Jerusalem the capital of an as character, independent Palestinian State. MadamePresident, wall communityand the United Nations on the separation The inactionby the international over the past year has had the effect of allowing Israel to solidify its and settlements occupation of East Jerusalem and the rest of the West Bank, further altering the demographic facts on the ground. The constructionof settlements,the wall and its regime has gravely impacted on the economic and social conditions of the associated Palestinian people, resulting in the violation of their most basic human rights and the crisis. Already the wall has resultedin the confiscationand exacerbating humanitarian to destruction homes,the restrictionson freedomof movementand impededaccess of such to basicnecessities as access water. Authority with adequate The intemationalcommunity's failure to provide the Palestinian law and order in the occupied assistance enableit to exert its authority and to establish to who feed off the angerof a people the territorieshas only strengthened hand of extremists living under military occupation. MadamePresident, with the ICJ's Advisory Opinion and the South Africa reiterates call for strict compliance mandate establish to a of for the immediate and full implementation the Secretary-General's by of registryof damages caused construction the wall. The United Nations cannotallow the currentsituation- where one party enjoysmore basic rights and freedomsthan the other - to continue.There should be equality and protection before the law and the parties should also respectresolutionsof the United Nations and in under international agreements. particular,both sideshave a honour their commitments acts civilians dut.vto bring an end to all senseless of terrorismand violencedirectedagainst and peace. and to work towardsreconciliation I thank you. MadamePresident.