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UNrrEb MATIONS General Assembly Distr. GENERAL A/39/591 29 October 1984 ENGLISH ORIGINAL: AR,ABIC/WGLISH/ FRENCH Thirty-ninth session Agenda item 71 RJWoR!l' OF !TRE SPECIAL COMMITTEE TO INVESTIGATE ISRJUZJ PRACTICES AFFECTING THE HUMAN RIaTS OF THE POPULATION OF THE OCCUPIED TERRITORIES Note by the Secretary-General The Secretary-General has the honour 'to transmit to the members of-the General Assembly the attached report, which was submitted to him, in accordance with Paragraph 14 of Assembly resolution 38/79 D of 15 December 1983, by the Special Committee to Investiqate Israeli Practices Affectinq the Human Riqhts of the Population of the Occupied Territories. 84-25755 1047-48r (E) / . A/39/591 English Page 2 Report of the Special Committee to Investigate Israeli Practices Affecting the Human Riqhts of the Population of the Occupied Territories CONTENTS ; Paragraphs Paqe* LETTER OF TRANSMITTAL ~...........~~...........~...,~....................... 5 I. INTRODUCTION ............................................. 1-S 7 II. OFGANIZATION OF WORti ..................................... 9 - 22 9 III. MANDATE. ..*........*....*..*.*.................* 23 - 27 13 IV. INFORMATION AND EVIDENCE BEFORE THE SPECIAL COMMITTEE . 28 - 324 15 A. Oral evidence received by the Special Committee . ...* 32 - 46 16 1. Fundamental freedoms .a..,.......*................ 32 - 35 16 (a) Riqht to freedom of education . 32 16 (b) Right to freedom of expression . ..**..*... 33 - 34 17 (c) Riqht to work and to freedom of association . 35 18 2. Treatment of civilians . ..*.****.....* 36 - 38 19 3. Annexat ion and settlement ..*.................*... 39 - 40 20 4. Treatment of detainees . ..*.,..................... 41 - 46 21 B. Information on the policy followed by the Government of Israel in the occupied Territories . ..- 47 - 59 22 1. Information on general policy . 47 - 52 22 2. Information on policy reqarding the civilian population . 53 - 59 23 C. Information on the situation in the occupied territories ..*.*....*......*.........*......,........ 60 - 243 25 1, Information on treatment of civilians in qeneral . 60 - 130 25 (a1 Incidents . ..*............... 84 - 85 29 / . A/39/591 English Page 3 COpTENTS (continued) Paragraphs Page (b) Collective punishment, including demolition of houses . ..**............*..**......... 86 - 116 45 (cl Reprisals ,.......,.......................... 117 - 127 49 (d) Expulsion and deportation . 128 - 130 51 2, Activities of Israeli settlers affecting the civilian population of the occupied territories . 131 - 176 52 (a) The Karp report . ..., l . l . l . 149 - 154 55 (b) Jewish underground groups . 155 - 176 58 3. Information on measures affecting certain rights 177 - 243 66 (a) Right to freedom of movement ..,............. 177 - 204 66 (b) Right to freedom of education . 205 - 223 69 (c) Riqht to freedom of expression . 224 - 243 73 D. Information on measures of annexation and settlement . 244 - 283 76 1. Establishment of settlements .,........*.........I 244 - 271 76 2. Expropriation of property . ...+.... 272 - 283 82 E. Information on treatment of detainees . 284 - 307 84 F. Information on judicial remedies sought by the civilian population . 308 - 324 88 V. CONCLUSIONS . ..*............................ 325 - 339 91 VI. ADOPTION OF THE REPORT . ..*............... 340 96 ANNEXES I, ARTICLES OF THE GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR, OF 12 AUGUST 1949, RFFFRRED TO IN PARAGRAPH 338 . ..~..~..~.~...................~...~..........‘.... 98 II. STATEMENT SUBMITTED BY THE MINISTRY OF FOREIGN AFFAIRS OF THE SYRIAN ARAB REPUBLIC TO !K-iE SPECIAL aM&lITTEE ON 3 JUNE 1984 . ...= 102 / . A/39/591 English Page 4 CONTENTS (continued) III. ?HE REWRT OF THE KARP OXMISSION ,.....,...*......................... IV. STATEMENT SUBMITTED BY THE MINISTER FOR OCCUPIED TERRITORIES AFFAIRS OF JORDAN TO THE SPEXJIAL OMMITTEE ON 28 MAY 1984 - LIST OF EDUCATIONAL INSTITUI'IONS CLOSED DOWN BETWEEN FEBRUARY 1983 AND FEBRUARY 1984 . ..*............*........................* v. MAP SHOWING ISRAELI SETTLEMENI'S ESTABLISHED, PLANNED OR UNDER CONSTRUCTION IN THE TERRITQRIES OCCUPIED SINCE 1967 . l . * .,... VI. STUDY ON THE SETTLEMENTS IN THE OCCUPIED TERRITORIES, WEST BANK, AND IHE GAZA STRIP8 DR. WALID MUSTAPHA AND MR. ABDUL JAWAD SALEH - LIST OF SETTLEMEIVIS ESTABLISHED FROM 1967 TO 1983 AND PROJECTED SETTLEMEmS IN THE WEST BANK AND THE GAZA STRIP . ...* A/39/591 English Page 5 LETTER OF TRANSMITTAL 14 September 1984 Sir, The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories has the honour to transmit to YOU herewith its sixteenth report, prepared in accordance with General Assembly resolutions concerning the Special Committee and, in particular, resolution 2443 (XXIII) of 19 December 1968, by which the Special Committee was established, and resolution 38/79 D of 15 December 1983, the latest resolution by which the General Assembly renewed its mandate. This report covers the period from 19 August 1983, the date of the adoption of the Preceding report, to 31 August 1984. The report is based on information received by the Special Committee through oral testimonies of persons having first-hand experience of the human rights situation in the occupied territories. For this purpose the Special Committee orqanized hearings once aqain in the immediate area; hearings were held in Amman and Damascus and hearings scheduled to take place in Egypt, which had to be postponed, are to take place at a mutually convenient time. The Special Committee continued to monitor statements by members of the Government of Israel reflecting the policy of that Government in the occupied territories and reports on measures taken to implement that policy. The Special Committee noted the letters addressed to you and to the President of the Security Council durinq the period of this report relating to the mandate of the SPec ial Committee, circulated as documents of the General Assembly and the Security Council. The Special Committee received information from organizations on various aspects of the situation in the occupied territories. The Government of Israel has not changed its position with regard to the Special Committee in spite of the efforts made in that direction. On the other hand, the Special Committee benefited from the co-operation of the Governments of EgYPt, Jordan and the Syrian Arab Republic in the carrying out of its mandate. In preparing its report the Special Committee has attempted to put before You the complete picture of the reality in the occupied territories as it affects the human rights of the civilian population. The information contained in this report reflects the continuation of the policy of annexation and settlement which the Government of Israel has followed with increasing vigour in the territories occupied in June 1967, Settlements that were established in earlier years have been enlarged and consolidated , new settlements have been established and Plans for further settlements have been announced extending into the next century. The nl;lmber of Israeli settlers continues to increase and the consequences cf the imPlantatlon His Excellency Mr. Jhvier P&rez de Cuillar Secretary-General of the United Nations New York / . A/39/591 English Page 6 of these settlers have manifested themselves in the violence that has characterized the period covered by this report. The discovery of a number of highly organized groups of Israeli settlers aimed at the consolidation of the Israeli presence in the occupied territories through the sowing of terror among the civilian population characterises the period covered by this report. The day-to-day life of the civilians is thus rendered more and more difficult; in addition, the military occupation authorities continue to apply a variety of measures which affect virtually all aspects of life, such as freedom of expression, freedom of movement and academic freedom. The Special Committee continues to be deeply concerned about the further deterioration in the level of respect for the human rights of the civilian population. The situation in the Golan Heiqhts has also deteriorated further as the occupation authorities adopt measures aimed at the perpetuation of Israeli sovereiqnty over those territories. The Special Committee is deeply concerned at the harmful effects that such policies and measures will have on the human riglhta situation of the civilian population of the area and, consequently, on peace and security in the region. The plight of the civilian population is further manifested in the way in which the thousands of detainees , imprisoned for political or security offences8 are held. Their number continues to increase, and the Special Committee continues to receive reports of hardship in greater numbers. In the circumstances, the Special Committee is concerned that the international community has thus far been unable to adopt effective measures t.0 improve the human rights situation of the civilian population. The Special Committee cannot but reiterate its hope that this report may serve as the base upn which the international community can assess the plight of the civilian populati~ and the urgent need to improve their condition. Without meaningful and effective action in this respect the international community is allowing itself to get nearer to a situation in the region which it will find eventually very difficult to resolve. The Special Committee in carrying out its mandate noted several