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General Assembly Distr.: General 5 October 2000 United Nations A/55/453 General Assembly Distr.: General 5 October 2000 Original: English Fifty-fifth session Agenda item 85 Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories Note by the Secretary-General* 1. The Secretary-General has the honour to transmit to the General Assembly the thirty-second report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories, submitted pursuant to General Assembly resolution 54/76 of 6 December 1999. 2. This report should be considered together with the Special Committee’s periodic reports (A/55/373 and Add.1). * The footnote requested by the General Assembly in its resolution 54/248 was not included in the submission. 00-67563 (E) 261000 ````````` A/55/453 Contents Paragraphs Page I. Introduction .......................................................... 1–3 3 II. Mandate ............................................................. 4–12 3 A. General background ............................................... 4–9 3 B. General Assembly resolution 54/76 of 6 December 1999 ................. 10 4 C. Reports of the Special Committee .................................... 11–12 4 III. Organization of work .................................................. 13–31 4 A. Meetings ........................................................ 13–18 4 B. Nature of evidence ................................................ 19–25 5 C. Other aspects ..................................................... 26–31 5 IV. Observations and recommendations....................................... 32–144 6 A. Situation of human rights of the Palestinian people in the occupied territories: Gaza, the West Bank and East Jerusalem ..................... 36–107 6 B. Situation of human rights in the occupied Syrian Arab Golan ............. 108–123 17 C. Official communications received by the Special Committee.............. 124–126 18 1. Jordan ...................................................... 125 19 2. Syrian Arab Republic .......................................... 126 24 D. Conclusions ...................................................... 127–144 44 Annex Documents and other material before the Special Committee ............................ 47 2 A/55/453 I. Introduction (a) For the purposes of the present report, the territories considered occupied territories are those 1. The Special Committee to Investigate Israeli remaining under Israeli occupation, namely, the Practices Affecting the Human Rights of the occupied Syrian Arab Golan, the West Bank, including Palestinian People and Other Arabs of the Occupied East Jerusalem, and the Gaza Strip; Territories was established by the General Assembly by (b) The persons covered by resolution 2443 its resolution 2443 (XXIII) of 19 December 1968. (XXIII) and therefore the subject of the investigation of 2. The Special Committee is composed of three the Special Committee were the civilian population Member States: Malaysia (represented by the residing in the areas occupied as a result of the Permanent Representative of Malaysia to the United hostilities of June 1967 and those persons normally Nations, Hasmy Agam), Senegal (represented by the resident in the areas that were under occupation but Permanent Representative of Senegal to the United who had left those areas because of the hostilities; Nations Office at Geneva, Absa Claude Diallo) and Sri (c) The “human rights” of the population of the Lanka (represented by the Permanent Representative of occupied territories consists of two elements, namely, Sri Lanka to the United Nations, John de Saram, those rights which the Security Council referred to as serving as Chairperson). “essential and inalienable human rights” in its 3. The Special Committee reports to the Secretary- resolution 237 (1967) of 14 June 1967 and, secondly, General. The reports of the Special Committee are those rights which found their basis in the protection considered in the Special Political and Decolonization afforded by international law in particular Committee (Fourth Committee) of the General circumstances such as military occupation and, in the Assembly. case of prisoners of war, capture. In accordance with General Assembly resolution 3005 (XXVII) of 15 December 1972, the Special Committee was required II. Mandate to investigate allegations concerning the exploitation and the looting of the resources of the occupied A. General background territories, the pillaging of the archaeological and cultural heritage of the occupied territories and 4. The General Assembly, in its resolution 2443 interference in the freedom of worship in the Holy (XXIII) of 19 December 1968, entitled “Respect for Places of the occupied territories; and implementation of human rights in occupied (d) The “policies” and “practices” affecting territories”, decided to establish a Special Committee, human rights that come within the scope of composed of three Member States, to Investigate investigation by the Special Committee refer, in the Israeli Practices Affecting the Human Rights of the case of “policies”, to any course of action consciously Population of the Occupied Territories. adopted and pursued by the Government of Israel as 5. The General Assembly, in its resolution 44/48 A part of its declared or undeclared intent; while of 8 December 1989, decided to change the name of “practices” refer to those actions which, irrespective of the Special Committee to Special Committee to whether or not they were in implementation of a policy, Investigate Israeli Practices Affecting the Human reflect a pattern of behaviour on the part of the Israeli Rights of the Palestinian People and Other Arabs of the authorities towards the civilian population in the Occupied Territories. occupied areas; 6. The mandate of the Special Committee, as set out (e) The geographical names and the in resolution 2443 (XXIII) and subsequent resolutions, terminology employed in the present report reflect the was to investigate Israeli practices affecting the human usage in the original source and do not imply the rights of the population of the occupied territories. expression of any opinion whatsoever on the part of the Special Committee or the Secretariat of the United 7. The Special Committee has proceeded on the Nations. basis that: 8. The Special Committee has, with respect to human rights, relied on the following: 3 A/55/453 (a) The Charter of the United Nations; ensure that the welfare and human rights of the peoples of the occupied territories are (b) The Universal Declaration of Human safeguarded, and to report to the Secretary- Rights, of 10 December 1948;1 General as soon as possible and whenever the (c) The International Covenant on Civil and need arises thereafter; Political Rights, of 16 December 1966;2 “6. Also requests the Special Committee (d) The International Covenant on Economic, to submit regularly to the Secretary-General Social and Cultural Rights, of 16 December 1966;2 periodic reports on the current situation in the occupied Palestinian territory, including (e) The Geneva Convention relative to the Jerusalem; Protection of Civilian Persons in Time of War, of 12 August 1949;3 “7. Further requests the Special Committee to continue to investigate the (f) The Geneva Convention relative to the treatment of prisoners in the Occupied Palestinian Treatment of Prisoners of War, of 12 August 1949;4 Territory, including Jerusalem, and other Arab (g) The Hague Convention for the Protection of territories occupied by Israel since 1967”. Cultural Property in the Event of Armed Conflict, of 14 May 1954;5 C. Reports of the Special Committee (h) The Hague Conventions of 1899 and 1907 6 respecting the Laws and Customs of War on Land. 11. Pursuant to General Assembly resolution 54/76, 9. The Special Committee has also relied on those in 2000 the Special Committee submitted a first resolutions relevant to the situation of civilians in the periodic report, relating to the period from 21 August occupied territories adopted by United Nations 1999 to 28 February 2000 (A/55/373), and a second organs — the General Assembly, the Security Council, periodic report, relating to the period from 1 March to the Economic and Social Council and the Commission 31 July 2000 (A/55/373/Add.1). on Human Rights — as well as the relevant resolutions 12. The present final report for 2000 is also submitted of the United Nations Educational, Scientific and pursuant to General Assembly resolution 54/76. Cultural Organization (UNESCO), the World Health Organization (WHO) and the International Labour Organization (ILO). III. Organization of work A. Meetings B. General Assembly resolution 54/76 of 6 December 1999 13. The Special Committee met in Geneva on 17 March 2000 to discuss its methods of work and 10. The General Assembly, in its resolution 54/76 of programme for 2000. During the meeting, it held 6 December 1999: consultations with representatives of ILO, the Syrian “5. Requests the Special Committee, Arab Republic and the representative of the Palestinian pending complete termination of the Israeli Authority to review and finalize arrangements for its occupation, to continue to investigate Israeli meetings to be held in Cairo, Amman and Damascus. policies and practices
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