General Assembl' Distr
Total Page:16
File Type:pdf, Size:1020Kb
UNITED NATIONS General Assembl' Distr. @) GENERAL v36/s79 26 October 198I ORTGINAI,: ET{GLISH/FREI€H llhirty-sixth session Agenda iten 64 REPORf OF THE SPKTAIJ COUMTTTEE TO T}N'ESTIGATE ISRAELI PRACTICES AFFrcTING TIIE HT'}IAN RIGHTS OF THE POPUI,ATION OF TIIE OCCT'PIED TERRITORIES lbte by the Secretary-General llhe Secretary-Genera1 has the honour to transrnit to the menbers of the @neral Assembly the attached retrnrt, which was subnitted to him, in accordance with paragraphs 9 and 10 of Assernbly resolution 35/L22 C of 11 lbcember 1980' by the Special Comittee to Investigate fsraeli Practices Affecting the lluman Rights of the Fopulation of the occupied serritories. 8r-27551 0098b 0114b v36/57e English Page 2 CONTEI\ITS Paqe LETTER 4 I. 1-7 5 ORGANIZATION WORK II. OF aaaaa oaaaaaaaaaaa 8-13 7 I rr. MAIIDATE ..... ..... ............r....... r...... 14-18 8 rv. SUMMARY OF TNFORMATION AND EI/IDEI\ICE BEFORE TTIE SPECIAL COMMTTTEE ..... 19 - 389 10 A. Xntroduction . ............ L9-27 10 B. Classification of infornation ......... o r... t. 28-50 L2 I. Folicies and implementation ................... 30-38 L2 (a) @nfirmation of the existence of a deliberate policy of annexation and settlement . ... ... .. .... ...... o. 30 L2 (b) Official measures adopted to put this policy into effect ..,...... 3l L2 (c) fnformation on the implementation of these measures o.... ..... 32-37 I3 (i) Oonstruction of new fsraeli settlements and expansion of existing ones .;... o..... 33 13 (ii1 E<propriation of property to carry out construction ' and expansion of settlements .......... 34 ts (iii) Budgetary allocations to carry out construction and expansion of settlements . ..... ........ 35 l5 (iv) Other measures adopted in implementation of the policy of annexation and settLement ... 36-37 1s (d) Settlersr activities ........ .,....... 38 I6 2. Situation of civilians 39-48 16 v36/579 English Page 3 CONTENTS (continued) Paragraphs Page (a) Treatment of clvilians . o....... o. 39 - 46 I6 (i) General information ...... .....o. 40 16 (ii) lBrrclitlon and sealing of habitations and commercial pfefniSee ..o.......o."' "o""o' 41 T7 (iit) Curf€ws .... o...... ......... 42 L7 (iv) Dducation .......... ........ 43-45 L7 (v) Freedom of npvement .. 46 L7 (b) Treatment of detainees . o................. 47 18 (c) Incldents ....... o o...... ....... " " ' 48 18 3. Judlcial renedies.......,....... ....'." 49-50 18 (a) Remedies against measures affecting 49 l8 the person ................ .. " " " o .. " " (b) Remediee against measures affecting 18 PfOPefty .......o.....' ..''''' o' o''o'' o ..' 50 C. Dramples of information received by thg Omrittee .....o................"'o .."o 51 - 389 L9 1. Folicles and inplenentation ........ 5l - L84 19 2. Situation of civil'ians . o....... o. ..... 185 - 339 42 3. Judiclal remedies ...... o... ........ " " ' 340 - 389 96 v. cot]iEl|usloNs .. o.. o... o... o....... o.............. r..... 390 - 401 107 vr. AD@TION OF THE REPORI ..... 4O2 11s ANNEXES I. Map showing Israeli settlements established, planned or under construction in the territories occupied in June 1967 II. Mapr West Bank and @za areas of expropriation v36/s7e English Page 4 LETTER OF TRANS!,TITTAL 4 September 1981 Sir, the speciaL Committee to fnvestigate Israeli Practices Affecting the Hurnan Rights of the Fopulation of the occupied territories has the honour to transmit to you herewlth its thirteenth report, prepared in accordance with General Assembly resolutions concerning the Special @mmittee and in particular, resolution 2443 (XXIII) of 19 Etecenber 1968, by which the Special Commit,tee was established, and resolution 35/L22 C of 11 tbcember 1980, the latest resolution by which the General Assembly renewed its mandate. ilhis report covers the period from 25 July 1980, the date of the adoption by the Special Connnittee of its preceding report, to 3t August 198I. ouring this period, the SPecial Committee continued to follow closely the situation in the occupied territories. fn spite of the efforts of the Special @mmittee, the Government of Israel has not changed its position with regard to the Special Committee. The situation of human rights in the occupied territories has not changed from previous years. lltre lnformation given in this report shows that the @vernment of rsrael, the occupying Power, continues to follow a policy of annexation of these territories. Settlements cont,inue to be established and others continue to be expandedT the nunber of Jewish settlers in these territories continues to increase. On the other hand, the civilian population is subjected to a constant repression which takes various forms. the Special Committee has found particularly disturbing the statenent of policy of the nerd @vernnent of Israel according to which the Government would raise the claim to the "sovereignty of Israel over the occupied territories' in the near future. The SPecial Conrmit,tee in its conclusions has thus emdrasized once again the need of the intervention of the international community to put an end to this policy of annexation and consequently to the measures taken in implementation of this policy. Please accePt, Sir, on behalf of my colleagues and on my own behalf, the assurances of our highest consideration. (Signed) Ousmane cOttNDM Chairman of the Special Comrnittee to fnvestigate Israeli Practices Affecting the Human Rights of , the Fopulation of the Occupied Territories His D(cellency Mr. Kurt !{aldheim Secretary-@nera1 of the United Nations New York A/36/s7s English Page 5 I. INTRODTTTION I. The Special Committee to Investigate fsraeli Practices Affecting the Human Rights of the bpulation of the Occupied Territories was established by the ceneral Assembly in resolution 2443 (xxIII) of 19 December 1968. By that resolution, the General Assembly decided to establish the Special @mmittee, composed of three Member States; reguested the President of the Assembly to appoint the members of t'he Special Oommittee? reguested the @vernment of Israe1 to receive the Speciat Committee, to co-operate with it and to facilitate its workg reguested the Speciat Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and reguested the Secretary-General to provide the Special Conmittee with aIl the necessary facilities for the performance of its task. 2. The following Member States vrere appointed on 12 September 1969 to serve on the Special Committee: Somalia, Sri Ianka and Yugoslavia. The @vernment of Sri Lanka appointed Mr. H. S. Amerasinghe, Permanent Representative to the United Nations, as its rePresentative on the Special Committee. The @vernment of Yugoslavia appointed Mr. Borut Bohte, Professor of the Faculty of Law of Ljubljana University and Member of the Rderal A.ssembly of Yugoslavia, as its representative on the Special Committee. The Government of Somalia appointed Ur. A. A. Flarah, and subsequently Mr. H. Hur-Elmi, Permanent Representative to the lJnited lihtions, as its representative on the special cornmittee. on 26 Aprit L974, the president of the General Assemb1y, at its twenty-eighth session, inforned the Secretary-@neral that Somalia had decided to withdraw from the Special Committee and that, in conformity with paragraph 2 of @neral Assembly resolution 2443 (xxlII), he had appointed Senegal a member of the Special Committee. On 30 epril L974, the Permanent Representative of Senegal to the united Nations informed the secretary-General that his Government had appointed Mr. Keba Mbaye, Chief Justice of Senegal (Premier Prdsident de la Cour supreme du sdndgal) r as its representative on the Special Committee. On 2I September 1976, the Fermanent Representative of Sri Ianka to the ttnited Nations informed the Secretary-General that Mr. H. s. Amerasinghe had resigned from the Special Committee upon his election as President of the General Assembly at its thirty-first session. On l8 Fbbruary L977, the Government of Sri Ianka informed the Secrecary-ceneral that Mr. v. L. B. Mendis, Sri Ianka lligh Oommissioner to the united Kingdom of Great Britain and Northern freland, would serve on the Special Committee at the meetings at ceneva from 22 FEbruary to I March 1977. 3. on 26 april L977t the Government of Sri Lanka informed the Secretary-General that it had appointed Mr. I. B. Fbnseka, Deputy Pernanent Representative of Sri Lanka to the united Nations, as its representative on the special Cornmittee. on 8 JuIy L977, the Government of Senegal informed the Special Comnittee that Mr. Keba Mbaye had resigned from the Special Committee and nominated in his stead Mr. ousmane Goundiam, Procureur gdndral prBs la eour suprGne, as its representative on the Special Committee. On 20 JuIy 1978, the Government of Sri Ianka inforrned the Secretary-Genera1 that it had appointed Mr. B. J. Fbrnando, Permanent Representative of Sri Lanka to the United Nations, as its representative on the Special Committee. By a note verbale dated ll September 1979, the Government of A/36 /579 English Page 6 Sri Lanka designated Mr. D. R. Perera to attend the meetings of the Special Conmittee from 10 to 21 September 1979. 4. By a note verbale dated 23 April 1980, the Government of Sri Ianka designated Mr. Nadarajah Balasubramaniam, Ambassador and Charg6 drAffaires a.i. of the Permanent Mission of Sri Lanka to the United Nations, to represent Sri Lanka at the meetings of the Special Oommittee from 19 to 30 May 1980. Mr. Balasubramaniam was named representative of Sri Lanka on the Special Committee by a note verbale dated 14 July 1980. At the meetings held from 2l to 25 July 1980, Sri Ianka was represented by Mr. K. K. Breckenridge, who had been designated by a note verbale dated 18 July 1980. 5. Ry a letter dated 15 January 1981, the Government of Yugoslavia notified the Secretariat that it had designated Mr. geCir t\teholjii, Chairman of the City Commission for Ftcreign Affairs in Sarajevo (Bosnia and Herzegovina), as representative of Yugoslavia on the Special @mnittee. By a note verbale dated 10 April 198I, the Government of Sri Lanka notified the Secretary-General that it had designated Mr.