Middle East 261

Chapter IX Middle East

The conflict in the Middle East, including the co-operation with the Committee and the problem of Palestine-viewed as a principal Secretariat’s Division for Palestinian Rights, and element-occupied much United Nations atten- asked the Department of Public Information to tion throughout 1986. The quest for a peaceful set- continue its information programme on the tlement was pursued in the General Assembly, the question. Security Council and other bodies, which consid- The Assembly also dealt with the status of ered various aspects of the situation, such as the Jerusalem, again determining that ’s 1980 Palestine question, incidents and disputes between decision to impose its laws and administration on individual Arab States and Israel, the situation in the city was null and void. The Security Council and in the territories occupied by Israel, in January 1986 considered two incidents that took and Palestine refugees. The United Nations con- place at the Haram al-Sharif (Al-Aqsa Mosque tinued its two major peace-keeping operations in and Dome of the Rock) in Jerusalem. A draft the region, the United Nations Disengagement resolution by which the Council would have Observer Force (UNDOF) in the Golan Heights strongly deplored the provocative acts was not and the United Nations Interim Force in Leba- adopted owing to the negative vote of a perma- non (UNIFIL). The latter had pursued its duties nent member of the Council. under constant and growing danger, the Secretary- In July, the Secretary-General convened a General said in his annual report on the work of meeting of United Nations programmes, organiza- the Organization (see p. 3). Paying tribute to the tions, agencies, funds and organs, also attended peace-keeping forces, he added that they served by the Palestine Liberation Organization (PLO), the vital purpose to reduce and mitigate violence Arab host countries and intergovernmental and and to create, or preserve, conditions in which non-governmental organizations (NGOs), to assess peace might be sought; their sacrifices posed an progress towards a co-ordinated programme of obligation on all to work constructively for stability assistance for Palestinians. Both the Economic and and peace in the region. Social Council and the Assembly asked for in- Despite efforts from many sides to advance the creased assistance; the Assembly also welcomed search for a just and lasting settlement, the the Secretary-General’s decision to send a mission Secretary-General reported, there was an alarm- to prepare the programme and, like the Council, ing absence of a generally acceptable and active urged that assistance to the occupied Palestinian negotiating process and a way must be found to territories be disbursed only for the benefit of initiate that as soon as possible with the participa- Palestinians and in a manner that would not serve tion of all concerned. The call for an International to prolong the Israeli occupation. Peace Conference on the Middle East was again The Security Council considered the situation endorsed by the Assembly, which stressed the need in Lebanon on various occasions and, in January, to convene it without delay. voted on a draft to have the Council strongly de- The Palestine question continued to be a con- mand that Israel desist from its measures against cern of the Assembly and its Committee on the the civilian population and reaffirm the urgent Exercise of the Inalienable Rights of the Palestin- need for Israel’s withdrawal. Because of the ian People (Committee on Palestinian rights). negative vote of a permanent member, the text was There was a wide measure of agreement, the not adopted. Secretary-General stated, that peace in the Mid- In June, the Council expressed grave concern dle East could best be achieved through a com- at the intensified fighting in , especially at prehensive settlement to cover all aspects, in- Palestinian refugee camps, and appealed for it to cluding the Palestine question. end. In December, Council members voiced Following consideration of the annual report of serious concern at the escalating violence par- the Committee on Palestinian rights, the Assembly ticularly affecting the population of the camps. requested the Committee to continue reviewing They appealed for restraint in order to end those the situation, as well as the implementation of the acts and alleviate the suffering. Programme of Action for the Achievement of Pal- Following violent incidents in the UNIFIL zone estinian Rights adopted by the 1983 International in mid-August, and another in early September Conference on the Question of Palestine, invited when three UNIFIL soldiers were killed, the Coun- 262 Political and security questions cil issued a statement expressing indignation and The 1981 bombing by Israeli aircraft of a nuclear calling for reinforced security measures. The research centre near Baghdad was again the sub- Council also expressed appreciation for the im- ject of an Assembly resolution. Considering that mediate dispatch of a mission to look at measures Israel had not committed itself not to attack or to enable the Force to carry out its mandate; the threaten nuclear facilities in Irarq or elsewhere, the second part of the mission’s task was to consult Assembly called on Israel urgently to place all its with the parties on how progress could be made nuclear facilities under International Atomic Energy towards implementing the Council’s 1978 resolu- Agency safeguards. It reaffirmed that Iraq was en- tion calling for strict respect for Lebanon’s ter- titled to compensation for damages and requested ritorial integrity, sovereignty and political inde- the Conference on Disarmament to continue negotia- pendence, and for Israel’s withdrawal, and tions on an agreement prohibiting military attacks establishing UNIFIL for the purpose of confirming on nuclear facilities. that withdrawal, restoring peace and security, and The interception in early February by Israeli assisting the Lebanese Government in ensuring the fighter planes of a Libyan civilian aircraft with a return of its effective authority. Syrian delegation on board was considered by the Following another attack against UNIFIL person- Security Council. The Council voted on a draft nel in mid-September 1986 and an increase of resolution by which it would have condemned Israel violence in UNIFIL'S area of deployment, the for the act and would have warned that, if such acts Council strongly condemned the attacks, urged all were repeated, it would consider adequate measures. parties to co-operate and asked the Secretary- The text was not adopted owing to the negative vote General to arrange for the Force’s deployment to of a permanent member. the southern border of Lebanon. In October, the The situation in the territories occupied by Israel Council expressed regret that the consultations on as a result of previous armed Middle East conflicts implementing its 1978 resolution had failed to yield was again considered by the Assembly and its Special results and called on the Secretary-General to in- Committee to Investigate Israeli Practices Affect- tensify his efforts towards that end; the Council ing the Human Rights of the Population of the Oc- again urged the parties concerned to support cupied Territories (Committee on Israeli practices). UNIFIL fully and called for an end to any military Israel’s policy in the territories resulted in an escala- presence in not accepted by the tion of violence, the Committee concluded, following Lebanese authorities. which Israel adopted its so-called iron-fist policy The Council also called on all countries to marked by new security arrangements, which again assume their financial responsibilities towards led to an aggravation of tension between the Israel UNIFIL, since the shortfall of $242.6 million con- Defence Forces and the population. tinued to pose a very serious problem for the finan- The Assembly dealt with specific aspects of the cial management of the Force. Calling again for Committee’s report. It demanded that Israel de- voluntary contributions, the Assembly ap- sist from certain policies and practices, that it comply propriated about $112 million for UNIFIL opera- with the 1949 Geneva Convention relative to the tions from 19 April 1986 to 18 January 1987 and Protection of Civilian Persons in Time of War (fourth authorized commitments of $145 million for the Geneva Convention), that it desist from changing following 12 months. the territories’ legal status or composition, that it For the first time since UNIFIL'S inception in rescind its action against Palestinian detainees and 1978, the Security Council unanimously extended release them immediately, that it rescind the ex- the Force’s mandate. In 1986, the mandate was ex- pulsion of Palestinian leaders and that it ensure the tended twice, for three and then six months. The freedom of educational institutions. mandate of UNDOF was also renewed twice dur- The Security Council met in December to con- ing the year. The Assembly appropriated $35.7 sider the worsening situation in the territories. It million for UNDOF'S operation from 1 June 1986 deplored the Israeli army’s firing on students, called to 31 May 1987 and authorized commitments of on Israel to abide by the fourth Geneva Conven- up to $17.4 million for the following six months. tion and release any persons detained as a result UNDOF continued to supervise the cease-fire be- of events at Bir Zeit University, and called on all tween Israel and the Syrian Arab Republic in the parties to exercise maximum restraint and avoid Golan Heights area and to ensure that there were violence. no military forces in the area of separation. The Relief operations in Lebanon again dominated Assembly, as well as the Commission on Human the work of the United Nations Relief and Works Rights, dealt with the situation in the Golan Agency for Palestine Refugees in the Near East Heights since Israel’s 1981 decision to impose its (UNRWA) in 1986. In addition, UNRWA continued laws, jurisdiction and administration there. The assisting those refugees in Jordan, the Syrian Arab Assembly again declared that decision illegal and Republic, the West Bank and the Gaza Strip, pro- null and void. viding education, health and relief services. Middle East 263

by the Seventy-fifth Inter-Parliamentary Con- Middle East situation ference (Mexico City, 7-12 April(4) the Political Declaration of the Eighth Conference of Heads of Attaining a just and lasting peaceful settlement State or Government of Non-Aligned Countries of the Arab-Israel conflict continued to be elusive, (Harare, Zimbabwe, 1-6 September);(5) and the the Secretary-General observed in October final communiqué of the Co-ordination Meeting 1986,(l) and no agreement had been reached on of the Ministers for Foreign Affairs of the convening an International Peace Conference on Organization of the Islamic Conference (New the Middle East as recommended by the General York, 2 October).(6) Assembly. There had been bilateral contacts be- Among the points made by these bodies on the tween leaders of the various interested parties, but Middle East situation in general were the follow- there was an alarming absence of a generally ac- ing. The Sixteenth Islamic Conference of Foreign cepted and active negotiating process, he said. Ministers reaffirmed that the Palestine question The highly volatile situation continued and a and the Middle East problem must be treated and general sense of insecurity persisted which, com- solved as an indivisible whole, and any solution bined with heavy military expenditures, hindered involving only some of the parties to the conflict economic and social progress. Tension continued or limited to only some of its causes was not ac- and violent incidents frequently occurred in the ceptable. The Co-ordinating Bureau of the non- territories occupied by Israel and beyond. The aligned countries reaffirmed its solidarity with the United Nations endeavoured to provide a meas- Arab countries which were victims of Israeli ag- ure of relief to the local populations, especially Pal- gression and condemned any treaty that violated estinian refugees, and through peace-keeping or infringed on the rights of the Arab nation and operations exerted its best efforts, sometimes in dif- the Palestinians; it called for effective measures, ficult circumstances, to help maintain quiet in sen- including sanctions, by the Security Council to sitive areas such as the Golan Heights and south- oblige Israel to end its occupation of Arab and Pal- ern Lebanon. However, those were essentially estinian territories. The inter-Parliamentary Con- temporary arrangements. For as long as a peaceful ference considered that a just and lasting Middle settlement was not reached, the situation would East peace should be pursued through implemen- remain unstable. There was a grave danger that tation of United Nations resolutions and called on if the deadlock was allowed to persist, major parliaments and Governments to support the early hostilities would break out again as had happened convening of an International Peace Conference several times in the past. on the Middle East; it affirmed the inalienable In December, the General Assembly, by resolu- rights of the Palestinian people and demanded tion 41/162 A, dealt with the wider aspects of the Israel’s withdrawal from all occupied Arab ter- Middle East situation. Reaffirming its conviction ritories. The heads of State or Government of non- that the question of Palestine was the core of the aligned countries expressed concern over the conflict in the region, it declared again that peace deterioration of the situation in the Middle East in the Middle East was indivisible and must be as a result of continued Israeli occupation of based on a comprehensive, just and lasting solu- Palestine, and reaffirmed their support to the Arab tion under United Nations auspices and on the States and PLO; they requested effective steps by basis of United Nations resolutions. the United Nations, including sanctions, to force Under the agenda item on the Palestine ques- Israel to withdraw from the occupied territories. tion (see p. 269), the Assembly reaffirmed its en- The Co-ordination Meeting of Foreign Ministers dorsement of the call for an international peace emphasized the importance of holding a Middle conference (resolution 41/43 D). East peace conference and stressed that efforts Communications. In connection with the Mid- must be made for the conference to be held in dle East situation, a number of communications 1987. were addressed during the year to the General A number of letters were received from Israel. Assembly and Security Council Presidents and to On 25 February,(7) it reported what it called the Secretary-General. A variety of aspects were defamatory attacks against it and the Jewish peo- covered in the following documents adopted by in- ple during the 1985 General Assembly session tergovernmental bodies, usually forwarded by the when, it alleged, anti-Semitic and anti-Israel slan- host countries: the final communiqué and resolu- der had reached new levels. On 4 June 1986,(8) tions adopted by the Sixteenth Islamic Conference Israel complained about Iran referring in the of Foreign Ministers (Fez, Morocco, 6-10 January Security Council on 23 May to the “Zionist base” 1986);(2) the Political Declaration adopted by the as a cancer to be eradicated, thus descending to Ministerial Meeting of the Co-ordinating Bureau genocidal incitement. of the Movement of Non-Aligned Countries (New On 15 April,(9) Israel submitted what it said Delhi, India, 16-19 April(3) a resolution adopted was a calendar of Middle East violence, listing 264 Political and security questions bombings, kidnappings, assassinations, explosions, tial for setting up any lasting peace, were also coups, hijackings and other incidents from divided. It was urgently necessary to find a December 1985 to March 1986, which in Israel’s negotiating procedure acceptable to all. Mean- view continued to characterize the region’s poli- while, it was of great importance that the parties tics. On 11 July,(10) it updated that list from 1 avoid any actions that could increase tension. De- April to 30 June, reiterating that the hostility to- spite the absence of a consensus on the convening wards Israel was merely a specific product of of an international peace conference in accordance generic intolerance. with the Assembly’s guidelines, the idea of a con- Israel charged, on 18 April,(11) that the previous ference appeared to be gaining wider support, day security guards at London’s Heathrow airport The Security Council could be used to further had discovered a bomb carried by a woman about the search for a settlement, the Secretary-General to board an El Al flight to Tel Aviv; had the de- suggested. It had a universally recognized respon- vice exploded, approximately 340 passengers sibility for the Middle East problem and had, would have been killed. Israel called on the inter- under the United Nations Charter, the authority national community to condemn that outrage and to take decisive measures, while its procedures en- act immediately to prevent its recurrence. That call abled all the parties concerned to participate in was repeated on 30 May(12) when Israel any consideration. The Council’s effectiveness, highlighted further terrorist incidents including however, depended largely on the agreement and two bombs on planes: one on a Trans World co-operation of the major Powers. Airlines plane en route from Rome to Athens, kill- Few international issues were as complex and ing four persons (2 April), and another in Sri potentially dangerous, or involved so directly the Lanka, when a bomb exploded on an Air Lanka United Nations relevance and credibility, as the plane, killing 16 people (3 May). On 17 Arab-Israel conflict, whose persistence under- September,(13) Israel charged that Arab terrorists scored the need and urgency for a comprehensive had entered a synagogue at Istanbul, Turkey, and settlement, the Secretary-General concluded. fired at worshippers, slaughtering 21, thereby lay- Annexed to a July report, with a later adden- ing bare the anti-Semitic nature of Arab terrorism. dum, by the Secretary-Genera.l(15) were the replies On 13 October,(14) Oman transmitted a letter from nine countries, received by 19 September from the Arab Group refuting Israel’s remarks as 1986, on their implementation of three 1985 misleading and concealing the criminal acts of Assembly resolutions on various aspects of the Zionist terror; Israel was seeking to lay respon- Middle East situation: in two of them,(16) the sibility for its terrorist actions, several of which Assembly had called on States to adopt a number were cited, on the Arab people. of measures concerning military, economic, Reports of the Secretary-General. It was vitally diplomatic and cultural relations with Israel; by important that the international community not the third,(17) it had called again on States which lose sight of the inherent dangers, the Secretary- had transferred their diplomatic missions to General stressed in his October report on the Mid- Jerusalem to abide by United Nations resolutions. dle East situation;(1) it should intensify its search for a negotiated settlement. Given the complexity GENERAL ASSEMBLY ACTION of the conflict and its many interrelated aspects, On 4 December 1986, the General Assembly a just and lasting peace could best be achieved adopted, by recorded vote, resolution 41/162 A through a comprehensive settlement covering all on the situation in the Middle East. aspects and involving all concerned, including PLO, he believed. There was wide agreement The General Assembly, within the world community that a settlement Having discussed the item entitled “The situation in the Middle East”, should be based on three considerations: Reaffirming its resolutions 36/226 A and B of 17 withdrawal of Israeli forces from Arab territories December 1981, ES-9/1 of 5 February 1982, 37/123 F occupied since 1967; acknowledgement of and re- of 20 December 1982, 38/58 A to E of 13 December spect for the sovereignty, territorial integrity and 1983, 38/180 A to D of 19 December 1983, 39/146 A to political independence of all States in the region C of 14 December 1984 and 40/168 A to C of 16 and their right to peace within secure and December 1985, recognized boundaries; and a satisfactory solution Recalling Security Council resolutions 425(1978) of 19 of the Palestinian problem based on the recogni- March 1978, 497(1981) of 17 December 1981, 508(1982) tion of the Palestinian people’s legitimate rights, of 5 June 1982, 509(1982) of 6 June 1982, 511(1982) of including self-determination, and a solution of the 18 June 1982, 512(1982) of 19 June 1982, 513(1982) of 4 July 1982, 515(1982) of 29 July 1982, 516(1982) of 1 question of Jerusalem. August 1982, 517(1982) of 4 August 1982, 518(1982) of The positions of the parties directly concerned 12 August 1982, 519(1982) of 17 August 1982, 520(1982) were still far apart, the Secretary-General noted, of 17 September 1982, 521(1982) of 19 September 1982 and the major Powers, whose support was essen- and 555(1984) of 12 October 1984, Middle East 265

Taking note of the reports of the Secretary-General of tinian people of its inalienable national rights and the 14 March 1986, 16 July 1986 and 29 October 1986, immediate, unconditional and total withdrawal of Israel Reaffirming the need for continued collective support from all the Palestinian and other occupied Arab ter- for the decisions adopted by the Twelfth Arab Summit ritories; Conference, held at Fez, Morocco, on 25 November 1981 2. Reaffirming that a just and comprehensive set- and from 6 to 9 September 1982 reiterating its previous tlement of the situation in the Middle East cannot be resolutions regarding the Palestinian question and its sup- achieved without the participation on an equal footing port for the Palestine Liberation Organization as the sole, of all the parties to the conflict, including the Palestine legitimate representative of the Palestinian people, and Liberation Organization, the representative of the Pal- considering that the convening of the International Peace estinian people; Conference on the Middle East, under the auspices of 3. Declares once more that peace in the Middle East the United Nations, in accordance with General Assembly is indivisible and must be based on a comprehensive, resolution 38/58 C and other relevant resolutions related just and lasting solution of the Middle East problem, to the question of Palestine, would contribute to the pro- under the auspices of the United Nations and on the motion of peace in the region, basis of its relevant resolutions, which ensures the com- Welcoming all efforts contributing towards the realiza- plete and unconditional withdrawal of Israel from the tion of the inalienable rights of the Palestinian people Palestinian and other Arab territories occupied since through the achievement of a comprehensive, just and 1967, including Jerusalem, and which enables the Pal- lasting peace in the Middle East, in accordance with estinian people, under the leadership of the Palestine the United Nations resolutions relating to the question Liberation Organization, to exercise its inalienable of Palestine and to the situation in the Middle East, rights, including the right to return and the right to self- Welcoming the world-wide support extended to the just determination, national independence and the establish- cause of the Palestinian people and the other Arab coun- ment of its independent sovereign State in Palestine, in tries in their struggle against Israeli aggression and oc- accordance with the resolutions of the United Nations cupation in order to achieve a comprehensive, just and relating to the question of Palestine, in particular lasting peace in the Middle East and the full exercise General Assembly resolutions ES-7/2 of 29 July 1980, by the Palestinian people of its inalienable national 36/120 A to F of 10 December 1981, 37/86 A to D of rights, as affirmed by previous resolutions of the General 10 December 1982, 37/86 E of 20 December 1982, Assembly relating to the question of Palestine and to 38/58 A to E of 13 December 1983, 39/49 A to D of 11 the situation in the Middle East, December 1984 and 40/96 A to D of 12 December 1985; Gravely concerned that the Palestinian and other Arab 4. Considers the Arab Peace Plan adopted territories occupied since 1967. including Jerusalem, still unanimously at the Twelfth Arab Summit Conference. remain under Israeli occupation, that the relevant held at Fez, ‘Morocco, on 25 November 1981 and from resolutions of the United Nations have not been im- 6 to 9 September 1982, and reiterated by the Extraor- plemented and that the Palestinian people is still denied dinary Summit Conference of the Arab States held at the restoration of its land and the exercise of its in- Casablanca, Morocco, from 7 to 9 August 1985, as well alienable national rights in conformity with international as relevant efforts and action to implement the Fez plan, law. as reaffirmed by resolutions of the United Nations. as an important contribution towards the realization of reaffirming the applicability of the Geneva Conven- the inalienable rights of the Palestinian people through tion relative to the Protection of Civilian Persons in the achievement of a comprehensive, just and lasting Time of War, of 12 August 1949, to all the Palestinian peace in the Middle East; and other occupied Arab territories, including 5. Condemns Israel’s continued occupation of the Pal- Jerusalem, estinian and other Arab territories, including Jerusalem, Reaffirming also all relevant United Nations resolutions in violation of the Charter of the United Nations. the which stipulate that the acquisition of territory by force principles of international law and the relevant resolu- is inadmissible under the Charter of the United Nations tions of the United Nations, and demands the im- and the principles of international law and that Israel mediate, unconditional and total withdrawal of Israel must withdraw unconditionally from all the Palestinian from all the territories occupied since 1967; and other Arab territories it has occupied since 1967, 6. Rejects all agreements and arrangements which including Jerusalem, violate the inalienable rights of the Palestinian people Reaffirming further the imperative necessity of and contradict the principles of a just and comprehen- establishing a comprehensive, just and lasting peace in sive solution to the Middle East problem to ensure the the region, based on full respect for the Charter and the establishment of a just peace in the area; principles of international law, 7. Deplores Israel’s failure to comply with Security Gravely concerned also at the continuing Israeli policies Council resolutions 476(1980) of 30 June 1980 and involving the escalation and expansion of the conflict 478(1980) of 20 August 1980 and General Assembly in the region, which further violate the principles of in- resolutions 35/207 of 16 December 1980 and 36/226 A ternational law and endanger international peace and and B of 17 December 1981; determines that Israel’s deci- security, sion to annex Jerusalem and to declare it as its “capital”- Stressing once again the great importance of the time as well as the measures to alter its physical character, factor in the endeavours to achieve an early comprehen- demographic composition, institutional structure and sive, just and lasting peace in the Middle East, status are null and void and demands that they be 1. Reaffirms its conviction that the question of Palestine rescinded immediately; and calls upon all Member is the core of the conflict in the Middle East and that States, the specialized agencies and all other interna- no comprehensive, just and lasting peace in the region tional organizations to abide by the present resolution will be achieved without the full exercise by the Pales- and all other relevant resolutions and decisions; 266 Political and security quesrions

8. Condemns Israel’s aggression, policies and prac- Sponsors: Afghanistan, Bahrain. Cuba, Djibouti, India, Indonesia. Iraq, Kuwait, Malaysia, Mauritania, Mongolia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, tices against the Palestinian people in the occupied Pal- Somalia, Sudan, Tunisia, United Arab Emirates, Viet Nam, Yemen. Yugoslavia, estinian territories and outside these territories, including Zimbabwe. expropriation, establishment of settlements, annexation Meeting numbers. GA 41st session: plenary 87-89, 97. and other terrorist, aggressive and repressive measures, Recorded vote in Assembly as follows: which are in violation of the Charter and the principles ln favour: Afghanistan, Albania, Algeria, Angola, Argentina, Bahrain, of international law and the relevant international con- Bangladesh, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cape Verde, Central African ventions; Republic, Chad, China, Comoros, Congo, Cuba, Cyprus, Czechoslovakia, 9. Strongly condemns the imposition by Israel of its Democratic Kampuchea, Democratic Yemen Djibouti, Ecuador, Egypt, Ethiopia, laws, jurisdiction and administration on the occupied Gabon, Gambia, German Democratic Republic, Ghana, Greece, Guinea, Guinea- Bissau, Guyana, Hungary, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Syrian Golan Heights, its annexationist policies and Lao People’s Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, practices, the establishment of settlements, the confisca- Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, tion of lands, the diversion of water resources and the Mongolia, Morocco, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pak- imposition of Israeli citizenship on Syrian nationals, and istan New Guinea, Peru, Philippines, Poland, Qatar Romania, Rwanda, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon declares that all these measures are null and void and Islands, Somalia, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, constitute a violation of the rules and principles of in- Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, ternational law relative to belligerent occupation, in par- United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet ticular the Geneva Convention relative to the Protec- Nam, Yemen, Yugoslavia, Zambia, Zimbabwe. Against: Australia, Belgium, Canada, Costa Rica, Denmark, El Salvador, France, tion of Civilian Persons in Time of War, of 12 August Germany, Federal Republic of, Iceland, Ireland, Israel, Italy, Luxembourg, 1949; Netherlands, New Zealand, Norway, Portugal, United Kingdom, United States, 10. Considers that the agreements on strategic co- Abstaining; Antigua and Barbuda, Austria, Bahamas Barbados Belize, Burma, Cameroon, Chile, Colombia, Côte d’lvoire, Dominican Republic, Equatorial operation between the United States of America and Guinea, Finland, Grenada, Guatemala, Haiti, Honduras, Jamaica Japan Libe- Israel, signed on 30 November 1981, and the continued ria, Malawi, Panama, Paraguay, Saint Christopher and Nevis, Saint Lucia, Saint supply of modern arms and matériel to Israel, augmen- Vincent and the Grenadines, Samoa, Spain, Swaziland, Sweden, Uruguay. Zaire. ted by substantial economic aid, including the recently concluded Agreement on the Establishment of a Free Before voting on the text as a whole, the Trade Area between the two Governments, have en- Assembly adopted paragraph 10 by a recorded couraged Israel to pursue its aggressive and expansionist vote of 66 to 38, with 41 abstentions. policies and practices in the Palestinian and other Arab The United States, explaining its vote, said the territories occupied since 1967, including Jerusalem, and text was polemic and condemnatory; it found have had adverse effects on efforts for the establishment paragraph 10 particularly unacceptable and had of a comprehensive, just and lasting peace in the Mid- difficulties with paragraphs 13 and 14. The United dle East and pose a threat to the security of the region; Kingdom had reservations about the text and its 11. Calls once more upon all States to put an end to the flow to Israel of any military, economic, financial and lack of balance, saying that it did not reflect basic technological aid, as well as of human resources, aimed principles essential for a solution to the Arab- at encouraging it to pursue its aggressive policies against Israeli conflict. the Arab countries and the Palestinian people; Spain felt that paragraphs 8, 10, 12, 13 and 14 12. Strongly condemns the continuing and increasing and the eighth preambular paragraph did not con- collaboration between Israel and the racist régime of tribute to creating a climate for a solution. Zaire South Africa, especially in the economic, military and disagreed with paragraphs 8 to 11. Sweden had nuclear fields, which constitutes a hostile act against the especially strong reservations on paragraphs 10 African and Arab States and enables Israel to enhance its nuclear capabilities, thus subjecting the States of the and 11. Ecuador also did not agree with the word- region to nuclear blackmail; ing of some paragraphs. 13. Reaffirms its call for the convening of the Inter- Albania had reservations, particularly on national Peace Conference on the Middle East, under paragraphs 13 and 14 and the second and fifth the auspices of the United Nations and on the basis of preambular paragraphs. Reservations on some its relevant resolutions, as specified in paragraph 5 of provisions were also voiced by the Philippines. the Geneva Declaration on Palestine and endorsed by Peru reiterated those it had expressed about the the General Assembly in its resolution 38/58 C of 13 corresponding provisions of the 1985 resolu- December 1983; tion.(18) Greece was unable to go along with cer- 14. Endorses the call for setting up a preparatory com- tain paragraphs, especially paragraph 10. Mexico mittee, within the framework of the Security Council, with the participation of the permanent members of the said the judgements contained therein undermined Council, to take the necessary action to convene the the Assembly’s jurisdiction; it also disagreed with Conference; paragraph 6, as the partial agreements were an 15. Requests the Secretary-General to report to the important step towards a final Middle East set- Security Council periodically on the development of the tlement. situation and to submit to the General Assembly at its Austria could not support wording which, it felt, forty-second session a comprehensive report covering the would not only aggravate the situation but impede developments in the Middle East in all their aspects. the search for peace, or any formulation which General Assembly resolution 41/162 A could be interpreted as impinging on United Na- 4 December 1986 Meeting 97 104-19-32 (recorded vote) tions universality; isolating Israel would not bring 24-nation draft (A/41/L.43 & Add.1); agenda item 37. a solution closer. Sharing that point, Brazil felt Middle East 267

Israel should not be provided, under the pretext exist and new efforts should be made in that re- of its isolation, with justification for further acts spect. The members invited the Secretary-General in disregard of international law. to continue his efforts and consultations. In ac- Belize believed that it was important to cordance with those views and the 1985 Assembly recognize the Palestinians’ right to a homeland as resolution, the Secretary-General intended to pur- well as to accept Israel’s right to a peaceful and sue his efforts, keeping the Council and Assembly secure coexistence. informed. The Syrian Arab Republic stressed that it had Action by the Commission on Human Rights. not participated in the 1985 Arab Summit Con- In March 1986,(24) the Commission on Human ference, reiterating its 1985 position.(18) On an in- Rights affirmed its support for a conference and ternational peace conference and the 1981/1982 Arab appealed for further constructive efforts by all Summit Conference,(19) Iran stated that it did not States towards its convening without delay. It agree to Palestinians negotiating with the Zionists regretted the negative reaction of the United States occupying Palestine, nor did it support versions of and Israel towards such a conference, calling on the 1978 Camp David accords, such as the Fez plan; them to reconsider. it also had reservations about all terms implying Recommendations of the Committee on Pal- any recognition of what it termed the Zionist base estinian rights. In its annual report to the of terror occupying Palestine, as did the Libyan Arab Assembly,(25) the Committee on Palestinian rights Jamahiriya which recalled its reservations on any (see p. 270) again stressed that the conference was reference that could be construed as recognition an essential element in progress towards solving of the fait accompli imposed by force. the Palestine question. Noting that there was over- Related resolutions: GA 41/35 C, 41/101. whelming support for it, the Committee intended to continue to make the subject the focal point of its work programme and to help increase Proposed peace conference awareness of the conference’s importance through In 1986, the General Assembly again stressed contacts with Governments and NGOs. The Com- the urgent need for constructive efforts by all mittee recommended that the Assembly call again Governments for the convening of an International on Israel and the United States to reconsider their Peace Conference on the Middle East, as called positions and renew the Secretary-General’s man- for by the 1983 International Conference on the date to continue his contacts. Question of Palestine.(20) The Secretary-General At the fourteenth and fifteenth United Nations continued his consultations on the convening of seminars on the question of Palestine, organized a conference with the Security Council and pur- by the Committee, the need for a conference was sued contacts with the parties to the Middle East also reaffirmed, and support for it was expressed conflict, reporting that difficulties remained.(1) at regional NGO symposia. Support for the conference was expressed by a number of States following adoption in December GENERAL ASSEMBLY ACTION of a Security Council resolution on the situation Under the agenda item on the question of in the occupied territories (see p. 324), and by the Palestine, the General Assembly on 2 December Meeting of Ministers and Heads of Delegation of 1986 adopted resolution 41/43 D by recorded vote. the Non-Aligned Countries to the Forty-first Ses- sion of the General Assembly (New York, 2 Oc- The General Assembly, tober), which reaffirmed that the conference would Recalling its resolutions 38/58 C of 13 December 1983, greatly contribute to a peaceful settlement of the 39/49 D of 11 December 1984 and 40/96 D of 12 December 1985, in which it, inter alia, endorsed the call Arab-Israeli conflict and would help restore 21 for convening the International Peace Conference on stability in the region.( ) the Middle East, Report of the Secretary-General. In March Recalling also the relevant resolutions of the Security 1986, (22) the Secretary-General reported on his Council, continued efforts, in consultation with the Security Reaffirming its resolutions 39/49 D and 40/96 D, in Council, with a view to convening a conference, which-it, inter alia, requested the Secretary-General, in as the Assembly had requested in 1985.(23) He consultation with the Security Council. to continue his said that in January he had asked the Council efforts with a view to convening the Conference, President again to consult the members on the Having considered the report of the Secretary-General matter; in February, the President had replied that of 14 March 1986. in which he, inter alia, stated that “the obstacles which have so far prevented the convening of they remained concerned about the Middle East the International Peace Conference on the Middle East situation and almost all were in favour of the prin- as called for by the General Assembly still exist”, and ciple of such a conference. The majority felt that his report of 29 October 1986, it should be held as early as possible, while others Expressing its regret that, owing to the negative attitude considered that conditions for its success did not of some Member States, the difficulties regarding the 268 Political and security questions convening of the Conference “have remained essentially Romania, Rwanda, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, the same”, and expressing its hope that those Member Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, States will reconsider their attitude, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Having heard the constructive statements made by Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe, numerous representatives, including that of the Palestine Against: Antigua and Barbuda, Israel, United States Liberation Organization, Abstaining: Australia, Belgium, Canada, Costa Rica, Denmark, El Salvador, Emphasizing the need to bring about a just and com- France, Germany, Federal Republic of, Grenada, Iceland, Ireland, Italy, Luxem- prehensive settlement to the Arab-Israeli conflict which bourg, Netherlands, New Zealand, Norway, Portugal, Saint Lucia, United Kingdom. has persisted for nearly four decades, Recognizing that the persistence of the Arab-Israeli con- The United States said the terms of reference flict in the Middle East constitutes a threat to security set forth for the conference in reality sought to and stability in the region and to world peace, and therefore directly involves the responsibility of the determine its outcome; the conference envisaged United Nations, in the text would not allow for a constructive ex- Stressing its conviction that the convening of the Con- amination of the Middle East question nor would ference will constitute a major contribution by the it provide a supportive international context for United Nations towards the realization of a just solu- direct negotiations between the parties. tion to the question of Palestine conducive to the achieve- Speaking on behalf of the 12 member States of ment of a comprehensive, just and lasting solution to the European Community (EC), the United the Arab-Israeli conflict, Kingdom said the principle and nature of such a Appreciating the concern about the exacerbating situa- conference needed first to be agreed on by the par- tion in the Middle East as voiced in a great many ties concerned; for negotiations to have any chance statements during the general debate at the current ses- sion and at previous sessions, of success, it was essential to avoid prejudging the 1. Takes note with appreciation of the reports of the form in which they might be held. Canada Secretary-General; believed that recent events, notably summit 2. Determines that the question of Palestine is the core meetings of the former Israeli Prime Minister with of the Arab-Israeli conflict in the Middle East; the President of Egypt, the King of Morocco and 3. Reaffirms once again its endorsement of the call for other world leaders, gave modest hope that an in- convening the International Peace Conference on the ternational conference might, if properly prepared, Middle East in conformity with the provisions of the be a mechanism by which concrete progress in the resolution 38/58 C; peace process could be realized; however, if there 4. Stresses the urgent need for additional concrete and was to be an international framework, it must be constructive efforts by all Governments in order to con- accepted by all concerned, including Israel. In ad- vene the Conference without further delay; 5. Endorses the call for setting up a preparatory com- dition, Canada voiced reservations about certain mittee, within the framework of the Security Council, provisions of the 1983 resolution referred to in with the participation of the permanent members of the paragraph 3,(26) and had practical concerns about Council, to take the necessary action to convene the the impartiality and effectiveness of a preparatory Conference; committee to be negotiated within the framework 6. Requests the Secretary-General, in consultation of the Security Council while two of its permanent with the Security Council, to continue his efforts with members had no diplomatic relations with one of a view to convening the Conference and to report the States directly involved. Although, like all the thereon to the General Assembly not later than 15 May above speakers, Norway noted improvements in 1987; the text’s wording as compared with the corre- 7. Decides to consider at its forty-second session the sponding 1985 resolution,(23) it said there were report of the Secretary-General on the implementation of the present resolution. elements which still caused it difficulties. Finland referred to its reservations made when General Assembly resolution 41/43 D joining the consensus on the final documents of 2 December 1986 Meeting 93 123-3-19 (recorded vote) the 1983 Conference on Palestine;(20) reservations 13-nation draft (A/41/L.41 & Add.1); agenda item 35. about those documents were also voiced by Peru. Sponsors: Afghanistan, Bangladesh, Cuba, German Democratic Republic. India, Indonesia, Madagascar, Malaysia, Pakistan. Senegal, Ukrainian SSR, Viet Nam, Yugoslavia. Meeting numbers. GA 41st session: plenary 80, 81, 83, 85, 86, 93. United Nations Truce Recorded vote in Assembly as follows: Supervision Organization In favour: Afghanistan, Algeria, Angola, Argentina, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei In his October report(1) on the Middle East Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussian SSR, Cam- situation, the Secretary-General provided an over- eroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Côte d’lvoire, Cuba, Cyprus, Czechoslvakia, Democratic Yemen, Djibouti, view of the three peace-keeping operations in the Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, Gabon, German region: the two peace-keeping forces—UNDOF and Democratic Republic, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, UNIFIL Guyana, Haiti, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, (see pp. 313 and 291)—and one observer Kerry, Kuwait, Lao People’s Democratic Republic, Lebanon, Lesotho, Liberia, mission, the United Nations Truce Supervision Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives Mali, Malta, Mauritania, Organization (UNTSO) . A part from assisting Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Peru, Philippines, bland, Qatar, UNDOF and UNIFIL in their tasks, UNTSO main- Middle East 269 tained two observation groups of its own, the (26)YUN 1983, p. 278, GA res. 38/58 C, 13 Dec. 1983. Observer Group in Beirut (see p. 283) and the (27)A/41/689. (28)A/41/766. (29)A/41/727. (30)A/41/L.8. Observer Group in Egypt, where about 50 observers had remained since 1979 with the agree- ment of the Government. In addition to liaison of- fices in Cairo and Ismailia, the Observer Group Palestine question in Egypt maintained six observation posts in the Sinai. The question of Palestine continued in 1986 to be a concern of the General Assembly and its Committee on Palestinian rights. In its annual re- Credentials of Israel port to the Assembly,(1) the Committee stressed In a 7 October 1986 letter to the President of that the question, the core of the Arab-Israeli con- the General Assembly,(27) 20 States, members of flict, had reached a critical phase and it urged a the Arab Group at the United Nations, and PLO renewed, concentrated and collective effort to find objected to the credentials of the delegation of a just solution under United Nations auspices, Israel to the Assembly’s 1986 regular session on based on United Nations resolutions, and to end the grounds that Israel had failed to comply with the Palestinians’ plight. The Committee contended Security Council and Assembly resolutions on that action by the Security Council was required Palestine, the Middle East and other related issues; to take into account its 1976 recommendation(2) that it continued its annexation of Palestinian and and those adopted by the 1983 International Con- other Arab territories and violated human rights ference on the Question of Palestine(3) recom- in the occupied territories; that it continued its ag- mendations which the Committee said were gression against the Arab States and expanded the founded on fundamental and internationally area of its aggression to Lebanon, Iraq and Tuni- recognized principles. sia; and that it continued to co-operate with the The Assembly, in December 1986, adopted four racist regime in South Africa. resolutions on the subject. It requested the Com- On 27 October,(28) Israel responded that the mittee to keep the situation under review as well Arab Group, whose letter contained unfounded, as the implementation of the Programme of Ac- extraneous allegations, had abused the credentials tion for the Achievement of Palestinian Rights procedure and sought to undermine the broad adopted by the 1983 Conferencec(3) (resolution consensus on the principle of United Nations 41/43 A). The Assembly invited co-operation with universality. Israel was pleased that in 1986, as in the Committee and the United Nations each of the previous four years, additional States Secretariat’s Division for Palestinian Rights had joined in rejecting that irresponsible action. (41/43 B). It asked the United Nations Depart- Before adopting resolution 41/7 A, approving ment of Public Information (DPI) to continue its the first report of the Credentials Committee,(29) special information programme on Palestine the Assembly, by a recorded vote of 77 to 40, with (41/43 C) and reaffirmed its endorsement of the 16 abstentions, decided not to act on an amend- call for an International Peace Conference on the ment to that report by Algeria, Bahrain, Middle East (41/43 D) (see p. 267). Democratic Yemen, Djibouti, Iraq, Jordan, The plight of the Palestinians, most of whom Kuwait, Lebanon, the Libyan Arab Jamahiriya, were living under occupation or in exile, remained Mauritania, Morocco, Oman, Qatar, Saudi a matter of international concern, the Secretary- Arabia, Somalia, the Sudan, the Syrian Arab General stated in his October report on the Mid- Republic, Tunisia, the United Arab Emirates and dle East.(4) The situation would remain unstable Yemen(30) to reject Israel’s credentials. The mo- so long as a peaceful settlement-including a tion to take no action was tabled by Iceland on satisfactory solution to the Palestinian problem behalf also of Denmark, Finland, Norway and based on the recognition of the people’s legitimate Sweden (see p. 380). rights-was not reached. In that context, he added, the question of Jerusalem also remained REFERENCES of primary importance. The status of Jerusalem (1)A/41/768-S/18427. (2)A/41/326-S/18049. (3)A/41/341-S/18065 was again the subject of an Assembly resolution & Corr.1. (4)A/41/435. (5)A/41/697-S/18392. (6)A/41/740- (41/162 C), by which the Assembly determined S/18418. (7)A/41/183. (8)A/41/398-S/18131. (9)A/41/290-S/18002. that Israel’s 1980 decision to impose its laws and (10)A/41/458-S/18220. (11)A/41/302-S/18020. (12)A/41/386- S/18118. (13)A/41/626-S/18352. (14)A/41/704-S/18398. administration on the city was null and void. (15)A/41/453 & Add.1. (16)YUN 1985, pp. 264 & 341, GA Various United Nations bodies continued to res. 40/168 A & B, 16 Dec. 1985. (17)Ibid., p. 280, provide assistance to Palestinians. The Economic res. 40/168 C, 16 Dec. 1985. (18)Ibid., p. 267. (19)YUN 1982, p. 387. (20)YUN 1983, p. 274. (21)A/41/703-S/18395. and Social Council (resolution 1986/49) and the (22)A141/215-S/17916. (23)YUN 1985, p. 268, GA res. 40/96 D, Assembly (41/181) urged the international com- 12 Dec. 1985. (24)E/1986/22 (res. 1986/22). (25)A/41/35. munity to disburse aid only for the benefit of the 270 Political and security questions

Palestinians and in a manner that would not pro- and separate treaties and its support for the con- long the Israeli occupation. vening of a Middle East peace conference (see Communications. Throughout the year, Israel, p. 267) and called for support to PLO. in letters to the Secretary-General, accused PLO Activities of the Committee on Palestinian of attacks against its citizens and against Jews rights. The Committee on Palestinian rights con- around the world (see also p. 273). On 9 January tinued in 1986 to follow developments in the 1986,(5) Israel listed 27 attacks between March Israeli-occupied territories and actions by Israel 1968 and November 1985 allegedly carried out by which the Committee regarded as violations of in- PLO, in which children were the victims, and said ternational law or of United Nations resolutions. that in the most recent attacks, at the Rome and The Committee brought such actions-including Vienna airports in December 1985,(6) children Israeli settlements in the occupied territories, had been intentionally chosen. On 5 January,(7) Israeli exploitation of Arab-owned lands and other Israel’s Minister for Transportation had called on matters affecting Palestinian rights (for details, see the International Civil Aviation Organization to below, under “Territories occupied by Israel”)— adopt more stringent measures to prevent such to the attention of the General Assembly and the bloodshed and to convene an international con- Security Council. ference on the safety of civilian air traffic. Activities were undertaken by the Committee On 2 January,(8) the Libyan Arab Jamahiriya and, under its guidance, the Secretariat’s Division reiterated that it condemned such terrorism and for Palestinian Rights to expand co-operation with that it had not been involved in the Rome and NGOs, in order to heighten awareness of the facts Vienna airport outrages as had been stated by relating to the Palestine question and to create con- Israel and the United States (see p. 247). On 31 ditions favourable for full implementation of the January,(9) the Jamahiriya stated that the United Committee’s recommendations. In accordance States President’s having received the head of a with its mandate, the Committee had decided to band of Angolan rebels opposed to Angola’s hold in 1986 regional symposia for NGOs in Latin legitimate régime contrasted strangely with his re- America, North America and Europe, and an in- fusal to recognize PLO or to receive any of its ternational NGO meeting; in view of the United representatives. Nations financial crisis, however, the Committee On 8 May,(10) Israel charged PLO with at- deferred to 1987 the Latin American symposium tempted attacks between 31 March and 4 May on and combined the European and international a kibbutz and two civilian settlements in north- meetings. ern Israel, and with infiltration through the east- The North American NGO symposium, with 44 ern sector of its so-called security zone in Leba- participants and six observers from NGOs in the non (see p. 283). United States and Canada, was held in New York Action by the Commission on Human Rights. (11-13 June 1986). The European symposium, with By a resolution adopted on 10 March by a roll- 33 participants and 13 observers, was held at call vote of 28 to 8, with 7 abstentions,(11) the Vienna (30 June and 1 July), immediately followed Commission on Human Rights condemned Israel by the international meeting (2-4 July), which was for non-compliance with United Nations resolu- attended by 66 participants and 16 observers from tions, for its continued occupation of Palestinian NGOs as well as observers from Governments and and other Arab territories, including Jerusalem, intergovernmental organizations. In addition, the and for its practices against Palestinians living Committee held a regional seminar for Europe there. The Commission expressed concern that, (Istanbul, Turkey, 7-11 April) (the thirteenth until there was a just and equitable solution to the United Nations Seminar on the Question of problem, the Palestinians would be exposed to Palestine). The fourteenth and fifteenth seminars grave dangers. It reaffirmed their rights to self- were held in New York (9 and 10 June) and determination and to return to their homes and Nairobi, Kenya (18-22 August). property, and affirmed their right to regain those The Committee was also represented at inter- rights by all means in accordance with Charter national conferences and meetings. principles and United Nations resolutions. The Commission reaffirmed its rejection of any GENERAL ASSEMBLY ACTION “autonomy” plan, which would constitute Following consideration of the report of the disregard for the Palestinians’ right to self- Committee on Palestinian rights, the General determination without external interference. It Assembly, in December, adopted four resolutions further reaffirmed that the Palestinians’ future on the Palestine question, dealing with the Com- could only be decided with their full participation, mittee and its recommendations, the Division for through PLO as their legitimate and sole represen- Palestinian Rights, public information and the tative, in all efforts and international conferences. convening of an International Peace Conference It reaffirmed its rejection of all partial agreements on the Middle East (see p. 267). Middle East 271

Resolution 41/43 A was adopted on 2 General Assembly resolution 41/43 A 121-2-21 (recorded vote) December by recorded vote. 2 December 1986 Meeting 93 14-nation draft (A/41/L.38 & Add.1); agenda item 35. The General Assembly, Sponsors: Afghanistan, Bangladesh, Cuba, German Democratic Republic, India, Indonesia. Madagascar, Malaysia, Pakistan, Senegal, Sierra Leone, Ukrainian SSR, Recalling its resolutions 181(II) of 29 November 1947, Viet Nam, Yugoslavia. 194(III) of 11 December 1948, 3236(XXIX) of 22 Meeting numbers. GA 41st session: plenary 80, 81, 83, 85, 86, 93. November 1974, 3375(XXX) and 3376(XXX) of 10 Recorded vote in Assembly es follows: November 1975, 31/20 of 24 November 1976, 32/40 of In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- 2 December 1977, 33/28 of 7 December 1978, 34/65 A tina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, and B of 29 November 1979 and 34/65 C and D of 12 Byelorussian SSR, Cameroon, Cape Verde, Central African Republic, Chad, Chile, December 1979, ES-7/2 of 29 July 1980, 35/169 of 15 China, Colombia, Congo, Côte d’lvoire, Cuba, Cyprus, Czechoslovakia, December 1980, 36/120 of 10 December 1981, ES-7/4 Democratic Yemen, Djibouti, Dominican Republic, Ecuador, Egypt, Ethiopia, Gabon, German Democratic Republic, Ghana, Greece, Grenada, Guatemala, of 28 April 1982, ES-7/5 of 26 June 1982, ES-7/9 of 24 Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, India, Indonesia, Iran, Iraq, September 1982, 37/86 A of 10 December 1982, 38/58 A Jamaica. Jordan, Kuwait, Lao People’s Democratic Republic, Lebanon, Leso- of 13 December 1983, 39/49 A of 11 December 1984 and tho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, 40/96 A of 12 December 1985, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Nicaragua. Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Peru, Philippines, Having considered the report of the Committee on the Poland, Qatar, Romania, Rwanda, Saint Lucia, Samoa, Sao Tome and Principe, Exercise of the Inalienable Rights of the Palestinian Saudi Arabia, Senegal, Seychelles Sierra Leone, Singapore, Solomon Islands. People, Somalia, Spain. Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand. Togo. Trinidad and Tobago, Tunisia. Turkey, Uganda, Ukrainian SSR, 1. Expresses its appreciation to the Committee on the USSR, United Arab Emirates, United Republic of Tanzania, Uruguay. Venezuela, Exercise of the Inalienable Rights of the Palestinian Peo- Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. ple for its efforts in performing the tasks assigned to it Against; Israel, United States. Abstaining: Australia, Austria, Belgium, Canada, Costa Rica. Denmark, El by the General Assembly; Salvador. Finland. France. Germany, Federal Republic of. Iceland. Ireland. Italy, 2. Endorses the recommendations of the Committee Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Sweden, contained in paragraphs 112 to 120 of its report and United Kingdom. draws the attention of the Security Council to the fact that action on the Committee’s recommendations, as Also on 2 December, the Assembly adopted repeatedly endorsed by the General Assembly at its resolution 41/43 B by recorded vote. thirty-first session and subsequently, is still awaited; The General Assembly, 3. Requests the Committee to continue to keep under Having considered the report of the Committee on the review the situation relating to the question of Palestine Exercise of the Inalienable Rights of the Palestinian People, as well as the implementation of the Programme of Ac- Taking note, in particular, of relevant information con- tion for the Achievement of Palestinian Rights and to tained in paragraphs 73 to 101 of that report, report and make suggestions to the General Assembly Recalling its resolutions 32/40 B of 2 December 1977, or the Security Council, as appropriate; 33/28 C of 7 December 1978, 34/65 D of 12 December 4. Authorizes the Committee to continue to exert all 1979, 35/169 D of 15 December 1980, 36/120 B of 10 efforts to promote the implementation of its recommen- December 1981, 37/86 B of 10 December 1982, 38/58 B dations, including representation at conferences and of 13 December 1983, 39/49 B of 11 December 1984, meetings and the sending of delegations where such ac- and 40/96 B of 12 December 1985, tivities would be considered by it to be appropriate, and 1. Takes note with appreciation of the action taken by to report thereon to the General Assembly at its forty- the Secretary-General in compliance with General second session and thereafter; Assembly resolution 40/96 B; 5. Requests the Committee to continue to extend its 2. Requests the Secretary-General to provide the Divi- co-operation to non-governmental organizations in their sion for Palestinian Rights of the Secretariat with the contribution towards heightening international necessary resources and to ensure that it continues to awareness of the facts relating to the question of Palestine discharge the tasks detailed in paragraphs 2 and 3 of and in creating a more favourable atmosphere for the General Assembly resolution 40/96 B in consultation full implementation of the Committee’s recommenda- with the Committee on the Exercise of the Inalienable tions, and to take the necessary steps to expand its con- Rights of the Palestinian People and under its guidance; tacts with those organizations; 3. Also requests the Secretary-General to ensure the 6. Requests the United Nations Conciliation Com- continued co-operation of the Department of Public In- mission for Palestine, established under General formation and other units of the Secretariat in enabling Assembly resolution 194(III), as well as other United the Division for Palestinian Rights to perform its tasks Nations bodies associated with the question of Palestine, and in covering adequately the various aspects of the to co-operate fully with the Committee and to make question of Palestine; available to it, at its request, the relevant information 4. Invites all Governments and organizations to lend and documentation which they have at their disposal; their co-operation to the Committee on the Exercise of 7. Decides to circulate the report of the Committee the Inalienable Rights of the Palestinian People and the to all the competent bodies of the United Nations and Division for Palestinian Rights in the performance of urges them to take the necessary action, as appropriate, their tasks; in accordance with the Committee’s programme of im- 5. Takes note with appreciation of the action taken by plementation; Member States to observe annually on 29 November 8. Requests the Secretary-General to continue to pro- the International Day of Solidarity with the Palestinian vide the Committee with all the necessary facilities for People and the issuance by them of special postage the performance of its tasks. stamps for the occasion. 272 Political and security questions

General Assembly resolution 41/43 B The information programme included publica- 2 December 1986 Meeting 93 125-3-18 (recorded vote) tions, audio-visual coverage, a fact-finding mission 14-nation draft (A/14/L.39 & Add.1); agenda item 35. for journalists and national and regional jour- Sponsors: Afghanistan, Bangladesh, Cuba, German Democratic Republic, India. Indonesia, Madagascar, Malaysia. Pakistan, Senegal, Sierra Leone, Ukrainian SSR, nalists’ encounters. United Nations information Viet Nam, Yugoslavia. centres around the world continued to carry out Meeting numbers. GA 41st session: plenary 80, 81, 83, 85, 86, 93. information activities in connection with the Recorded vote in Assembly as follows: Palestine question and made available United Na- In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tions publications on the subject. They also organ- tina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, ized a world-wide observance of the International Byelorussian SSR, Cameroon, Cape Verde, Central African Republic, Chad, Chile, Day of Solidarity with the Palestinian People on China, Colombia, Congo, Costa Rica, Côte d’lvoire, Cuba, Cyprus, Czechoslo- vakia, Democratic Yemen, Djibouti, Dominican Republic, Ecuador. Egypt, El 29 November 1986 (see also p. 320). Salvador, Ethiopia, Gabon, German Democratic Republic. Ghana, Greece, A team of seven prominent journalists and media Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, India, In- donesia, Iran, Iraq. Jamaica, Jordan. Kenya, Kuwait, Lao People’s Democratic representatives from various parts of the world visited Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Egypt, Jordan and the Syrian Arab Republic from Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico. Mongolia, 27 April to 15 May; visits to Israel and the West Morocco, Mozambique Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan. Papua New Guinea, Peru, Philippines, bland, Qatar, Romania, Rwanda, Saint Lucia, Bank were not possible since no response had been Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, received from Israel to an official request for such Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland. Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, visits. After the fact-finding mission had met with Turkey. Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic high-level officials and Palestinian leaders, the par- of Tanzania, Uruguay. Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia. Zaire Zambia, Zimbabwe. ticipants published numerous articles on return- Against: Canada, Israel, United States. ing to their home countries. Abstaining: Australia. Austria, Belgium, Denmark, Finland, France, Germany, DPI again organized two regional encounters, Federal Republic of, Iceland, Ireland, Italy, Japan, Luxembourg. Netherlands, New Zealand, Norway, Portugal, Sweden, United Kingdom. bringing 15 high-level journalists together with ex- perts on Palestine. The first was held at Vienna, A number of delegations explained in single for Europe, from 25 to 28 February, and the sec- statements their positions on resolutions 41/43 A- ond took place at Lusaka, Zambia, from 12 to 15 C. The United States said the texts endorsed the August. DPI also held a series of national en- work of two biased organs, the Committee on Pal- counters in which a team of expert panelists held estinian rights and the Division for Palestinian Rights; meetings, in the form of in-depth press con- the partisan view of the Palestinian issue which they ferences, with national journalists and foreign cor- propagated served only those who benefited from respondents in various countries. European na- continuation of the Middle East dispute and from tional encounters were held in Denmark, Greece imposing even greater suffering on the Palestinians. and Hungary between 24 February and 6 March, Speaking for the EC members, the United and another national encounter was held at Kingdom said they had made their positions Nairobi on 18 August. known previously; they also would prefer that due United Nations public information activities, account be taken of the financial difficulties fac- particularly coverage of the work of the Commit- ing the United Nations in determining the tasks tee on Israeli practices, were summarized in an of the bodies concerned. Canada said its votes were October report of the Secretary-General (see similar to those on previous corresponding resolu- p. 320). tions. In Finland’s view, the texts failed to repre- sent the balance necessary for a comprehensive, GENERAL ASSEMBLY ACTION just and lasting settlement. On 2 December, the General Assembly adopted Singapore appealed to Israel and PLO to resolution 41/43 C by recorded vote. recognize each other’s legitimate rights and to the international community to urge them to pursue The General Assembly, a course of compromise. Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, The Libyan Arab Jamahiriya had reservations Taking note, in particular, of the information contained about references which could be interpreted as im- in paragraphs 102 to 111 of that report, plying that it supported the de facto situation in Recalling its resolution 40/96 C of 12 December 1985, Palestine. Convinced that the world-wide dissemination of ac- curate and comprehensive information and the role of non-governmental organizations and institutions remain Public information activities of vital importance in heightening awareness of and sup- port for the inalienable rights of the Palestinian people The Committee on Palestinian rights, in its 1986 to self-determination and to the establishment of an in- report,(1) looked at the implementation of a 1985 dependent sovereign Palestinian State, Assembly resolution(12) requesting DPI, in co- 1. Takes note with appreciation of the action taken by the operation with the Committee, to continue its special Department of Public Information of the Secretariat in information programme on the Palestine question. compliance with General Assembly resolution 40/96 C, Middle East 273

2. Requests the Department of Public Information, (Al-Aqsa Mosque and Dome of the Rock) in in full co-operation and co-ordination with the Com- Jerusalem, one of the world’s three principal mittee on the Exercise of the Inalienable Rights of the Islamic Holy Places. Palestinian People, to continue its special information Communications. On 17 October,(14) Israel programme on the question of Palestine for the bien- nium 1986-1987 and, in particular: charged that on 15 October PLO terrorists had (a) To disseminate information on all the activities lobbed hand-grenades at Israeli families near the of the United Nations system relating to the question most sacred site of Judaism, the Western Wall, kill- of Palestine; ing one civilian and wounding 66 people—one in (b) To continue to update publications on the facts a series of PLO attacks on Jewish places of wor- and developments pertaining to the question of Palestine; ship; PLO offices around the world that directed (c) To publish brochures and booklets on the various and co-ordinated international terror should be aspects of the question of Palestine, including Israeli shut down, Israel said. On 21 October,(15) Israel violations of the human rights of the Arab inhabitants stated that it had apprehended the three in- of the occupied territories; dividuals responsible; they had been recruited by (d) To expand its audio-visual material on the ques- PLO’s tion of Palestine, including the production of a new film Fatah wing, trained in Jordan and in- in 1987 and special series of radio programmes and structed to carry out a mass killing in a crowded television broadcasts; holy site. (e) To organize fact-finding news missions to the area On 25 November,(16) Qatar, Chairman of the for journalists; Arab Group, transmitted a 24 November letter (f) To organize regional and national encounters for from PLO, stating that in Jerusalem Jewish settlers journalists. had attacked and beaten Palestinians and had fire- General Assembly resolution 41/43 C bombed houses and vehicles belonging to them; 2 December 1986 Meeting 93 124-3-19 (recorded vote) it asked that the United Nations act immediately 14-nation draft (A/41/L.40 & Add.1); agenda item 35. to end the rampage. Sponsors: Afghanistan, Bangladesh, Cuba, German Democratic Republic, India, Indonesia, Madagascar, Malaysia, Pakistan, Senegal, Sierra Leone, Ukrainian SSR, Viet Nam, YugosIavia. GENERAL ASSEMBLY ACTION Meeting numbers. GA 41st session: plenary 80, 81, 83, 85, 86, 93. Under the agenda item on the Middle East Recorded vote in Assembly as follows: situation, the General Assembly adopted on 4 In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, December 1986 resolution 41/162 C by recorded Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, vote. Burundi, Byelorussian SSR, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Côte d’lvoire, Cuba, Cyprus, Czechoslovakia, The General Assembly, Democratic Yemen, Djibouti, Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, Gabon, German Democratic Republic, Ghana, Greece, Grenada, Recalling its resolutions 36/120 E of 10 December 1981, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, India, Indonesia, 37/123 C of 16 December 1982, 38/180 C of 19 Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, December 1983, 39/146 C of 14 December 1984 and Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mo- 40/168 C of 16 December 1985, in which it determined zambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, that all legislative and administrative measures and ac- Peru, Philippines, bland, Qatar, Romania, Rwanda, Samoa, Sao Tome and Prin- tions taken by Israel, the occupying Power, which had cipe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon altered or purported to alter the character and status Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, of the Holy City of Jerusalem, in particular the so-called Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, “Basic Law” on Jerusalem and the proclamation of Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia; Jerusalem as the capital of Israel, were null and void Zimbabwe. Against Canada, Israel, United States. and must be rescinded forthwith, Abstaining: Australia, Belgium, Cameroon, Costa Rica, Denmark, El Salvador, Recalling Security Council resolution 478(1980) of 20 France, Germany, Federal Republic of, Iceland, Ireland, Italy, Japan, Luxembourg, August 1980, in which the Council, inter alia, decided Netherlands, New Zealand, Norway, Portugal, Saint Lucia, United Kingdom. not to recognize the “Basic Law” and called upon those States that had established diplomatic missions at Those States which explained their votes on Jerusalem to withdraw such missions from the Holy resolution 41/43 C did so when they explained City, their positions on resolutions 41/43 A and B (see Having considered the report of the Secretary-General p. 272). of 29 October 1986, 1. Determines that Israel’s decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem Jerusalem is illegal and therefore null and void and has In 1986, the status of Jerusalem was again the no validity whatsoever; subject of a General Assembly resolution 2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security (41/162 C), by which the Assembly determined Council resolution 478(1980) and their refusal to com- that Israel’s 1980 decision(13) to impose its laws ply with the provisions of that resolution; and administration on the city was null and void. 3. Calls once again upon those States to abide by the In January, the Security Council considered two provisions of the relevant United Nations resolutions, incidents that took place at the Haram al-Sharif in conformity with the Charter of the United Nations; 274 Political and security questions

4. Requests the Secretary-General to report to the place the day before by some 20 members of the General Assembly at its forty-second session on the im- Israeli Knesset who had entered intending to plementation of the present resolution. establish a Jewish place of prayer; after being General Assembly resolution 41/162 C driven out, the intruders called the Israeli police 4 December 1986 Meeting 97 141-3-11 (recorded vote) who attacked the Muslims present and the civil- 32-nation draft (A/41/L.45 & Add.1); agenda item 37. ian guards. Sponsors: Afghanistan, Algeria, Bahrain, Cuba, Democratic Yemen, Djibouti, Egypt, India, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libyan Arab Jamahiriya, On 10 January,(19) the United Arab Emirates Malaysia, Mauritania, Mongolia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, transmitted a letter from PLO which held Israel Somalia, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates: Viet Nam, Yemen, Yugoslavia, Zimbabwe. responsible for the consequences resulting from Meeting numbers. GA 41st session: plenary 87-99, 97. that and other acts of terrorism committed by Recorded vote in Assembly as follows: Knesset members or the Israeli police. Among In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, those acts, PLO cited the entry into the holy sanc- Bahamas, Bahrain, Bangladesh, Barbados Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, tuary by Cabinet member Ariel Sharon on 9 Burundi, Byelorussian SSR, Canada, Cape Verde, Central African Republic, Chad, January. Chile, China, Colombia, Comoros, Congo, Côte d’lvoire, Cuba, Cyprus, Czecho- slovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Israel, on 15 January,(20) called Jordan’s claims Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Finland, France, distortions, saying that the Knesset members had Gabon, Gambia, German Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland, India, paid two peaceful routine visits to the Holy Places Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao of the Temple Mount; during both, co-ordinated People’s Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Lux- embourg, Madagascar, Malaysia, Maldives Mali, Malta, Mauritania, Mauritius, in advance with Muslim religious authorities, ex- Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, tremists had incited a near-riot and threatened Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Samoa, religious confrontation; Israeli authorities had Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon acted with restraint and had prevented bloodshed Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian and the spread of violence. Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic On 20 January, (21) Jordan charged that the of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe, previous day individuals of the terrorist organiza- Against: Costa Rica, El Salvador, Israel. tion “Kach” had stormed the Haram al-Sharif, Abstaining: Antigua and Barbuda, Cameroon, Grenada, Guatemala, Honduras which had already been attacked on many occa- Liberia, Malawi, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, United States sions by fanatical Jews, encouraged and protected by the Israeli authorities. The attempt to profane The United States believed that the status of the Haram al-Sharif, repeated attempts to enter Jerusalem should be determined by negotiations and pray in the Al-Aqsa Mosque, statements by among the concerned parties and as part of an Israeli leaders to the effect that Israel comprised overall peace settlement. The United Kingdom all of Palestine, including the Haram, and the at- recalled the importance it attached to the 1980 tempt by the Knesset members and by Ariel Council resolution(17) mentioned in the text. Iran Sharon to enter the Haram confirmed Israel’s reiterated its reservations on all terms implying designs on Muslim sanctuaries. recognition of what it called the Zionist terror base In connection with the incidents, Morocco occupying Palestine. transmitted three communications. A 17 January message(22) from the Secretary-General of the Incidents at Haram al-Sharif Organization of the Islamic Conference called at- Under the agenda item on the situation in the tention to a resolution adopted by the Sixteenth occupied Arab territories, the Security Council Islamic Conference of Foreign Ministers (Fez, 6- held eight meetings in January 1986 to consider 10 January) condemning the incidents as heinous two incidents that took place at the Haram al- attacks and warning Israel of the consequences; Sharif in Jerusalem, one of the three principal it placed on the international community the Islamic Holy Places in the world. The Council responsibility for preventing such crimes. In its voted on a draft resolution by which it would have final communique, the tenth session of the Al- strongly deplored the provocative acts as violations Quds Committee (Marrakesh, 21 and 22 of the sanctity of Haram al-Sharif and affirmed January)(23) considered the alleged dangers facing that they were a serious obstruction to achieving the Al-Aqsa Mosque in view of the intrusion by a comprehensive Middle East peace. The draft was Knesset members. In a 24 January letter,(24) King not adopted owing to the negative vote of a per- Hassan II, Chairman of the Organization of the manent Council member. Islamic Conference and of the Al-Quds Commit- Communications. The Secretary-General tee, stated that the Islamic countries had brought received several communications concerning in- a complaint to the Security Council against Israel cidents in and around Holy Places in Jerusalem. because of desecrations of the Mosque; the world On 9 January 1986,(18) Jordan said a blatant expected from the Council decisions dictated by desecration of the Al-Aqsa Mosque had taken the gravity of the situation. Middle East 275

SECURITY COUNCIL CONSIDERATION immigrants in those territories, were a flagrant viola- The Security Council held eight meetings be- tion of the fourth Geneva Convention and seriously tween 21 and 30 January to consider the incidents obstructed the achievement of a Middle East peace; at the sanctuary, as requested on 16 January by reiterated that all legislative and administrative Morocco, as Chairman of the Organization of the measures by Israel which had altered or purported 25 Islamic Conference,( ) and the United Arab to alter Jerusalem’s character and status, in par- Emirates, as Chairman of the Group of Arab ticular the “Basic Law”, were null and void and States at the United Nations.(26) must be rescinded; called on Israel to observe Meeting numbers. SC 2643-2650. scrupulously the norms of international law gov- erning military occupation, in particular the fourth The Council invited Afghanistan, Algeria, Geneva Convention, and to prevent any hindrance Bangladesh, Brunei Darussalam, Cuba, Egypt, to the discharge of the established functions of the Guinea, India, Indonesia, Iran, Iraq, Israel, Jor- Supreme Muslim Council in Jerusalem, including dan, the Libyan Arab Jamahiriya, Malaysia, any co-operation that Council might desire from Mauritania, Morocco, Nicaragua, Pakistan, countries with predominantly Muslim populations Qatar, Saudi Arabia, the Sudan, the Syrian Arab and from Muslim communities in relation to its Republic, Tunisia, Turkey, Yemen and Yugoslavia, plans for maintaining Islamic Holy Places; urgently at their request, to participate in the discussion called on Israel to implement the resolution; and without the right to vote. The Council also invited requested the Secretary-General to report on its im- the Acting Permanent Observer of the League of plementation before 1 May 1986. The voting was Arab States to the United Nations, at the request as follows: of the Arab Group,(27) to participate under rule 39a of its provisional rules of procedure. Under In favour: Australia, Bulgaria, China, Congo, Den- the same rule, it invited the Secretary-General of mark, France, Ghana, Madagascar, Trinidad and the Organization of the Islamic Conference, Tobago, USSR, United Arab Emirates, United 28 Kingdom, Venezuela. following a request by Morocco.( ) Against: United States. Following a request by the United Arab Abstaining: Thailand. Emirates,(29) the Council decided on 21 January, by 10 votes to 1 (United States), with 4 absten- Owing to the negative vote of a permanent tions (Australia, Denmark, France, United member, the draft was not adopted. Kingdom), that an invitation to participate be ac- The United States said it had no choice but to corded to PLO. The President stated that the pro- vote against a text which it considered inap- posal was not made pursuant to rule 37b or rule propriate, which gave the impression that Israel 39 of the provisional rules, but, if approved, the was to blame for the provocation of a few in- invitation would confer on PLO the same rights as dividuals and which was designed to use the in- those conferred on Member States when invited cidents as a pretext for addressing larger issues of to participate pursuant to rule 37. the status of Jerusalem and Israel’s stewardship Before this action, the United States, which as occupying Power. asked for a vote on the request, remarked that for Thailand stated that its abstention reflected a 40 years it had supported a generous interpreta- wait-and-see attitude and a challenge to the Israeli tion of rule 39 and would not object had the mat- authorities to make good their commitment to ter been raised under that rule; it opposed, how- religious tolerance. It was essential that Israel de- ever, special ad hoc departures from orderly sist from anything that would lead to a recurrence procedure and opposed extending to PLO the same of such provocation. rights to participate as a Member State. The incidents seemed to be the work of a limited At its final meeting, on 30 January, the Council number of persons acting on their own initiative voted on a revised draft resolution, sponsored by and it was regrettable that Knesset members were the Congo, Ghana, Madagascar, Trinidad and among them, France said, stressing at the same

Tobago, and the United Arab Emirates,(30) by a Rule 39 of the Council’s provisional rules of procedure states: “The which it would have: strongly deplored the pro- Security Council may invite members of the Secretariat or other per- vocative acts which had violated the sanctity of sons, whom it considers competent for the purpose, to supply it with Haram al-Sharif; affirmed that such acts constituted information or to give other assistance in examining matters within its competence.” a serious obstruction to achieving a comprehen- b Rule 37 of the Council’s provisional rules of procedure states: “‘Any sive, just and lasting Middle East peace; determined Member of the United Nations which is not a member of the Security once more that all Israeli measures to change the Council may be invited, as the result of a decision of the Security Coun- physical character, demographic composition, in- cil, to participate, without vote, in the discussion of any question brought stitutional structure or status of the Palestinian and before the Security Council when the Security Council considers that the interests of that Member are specially affected, or when a Member other occupied Arab territories, as well as Israel% brings a matter the the attention of the Council in accordance with Ar- policy of settling parts of its population and new ticle 35(l) of the Charter.” 276 Political and security questions

time that it accepted no unilateral initiative to terior Committee responsible for legislation involv- change the status of Jerusalem; any agreement on ing all the Holy Places. During the visit, the group that status should guarantee the right of access by arrived at Solomon’s Stables, a site with no all to the Holy Places whose sacred nature must religious significance, at the south-east corner of be protected, be they Muslim, Jewish or Christian. the Temple Mount. A photographer accompany- In most circumstances, the incidents would be ing the group wished to photograph some Knesset regarded as minor, the United Kingdom believed, members; that served as a pretext for a pre- but the fact that they took place in Jerusalem arranged incitement by a small group of agitators. automatically put them in a class by themselves. A mob quickly heeded those incitements, sur- China said Israel could not shirk its respon- rounded the members, roughed them up and sibility for the recent profanation, which was nei- threatened them. A handful of Israeli police, act- ther accidental nor an isolated incident, but part ing with utmost restraint, intervened; no one was of a series of continuing acts of sabotage and hurt, no shrine was desecrated and no property provocation over nearly 20 years. was damaged. The only assault had in fact been What had happened had aroused deep religious on the Israeli representatives. concerns throughout the Islamic world and again Following the incident, Israel added, the focused attention on the political sensitivities sur- Speaker of the Knesset and the Mayor of rounding the status of Jerusalem, Australia Jerusalem met with the Mufti of Jerusalem and remarked. Israel had a responsibility to preserve set a date for another visit by the Knesset the unique cultural and religious character of the members, which took place on 14 January. Despite Holy City and to ensure that its Holy Places were that prior co-ordination, there were again attempts respected; it had largely fulfilled its obligations, to disrupt the visit; since then, due to Israel’s policy but the recent incidents could not be overlooked. and the actions of its law enforcement agencies, Australia was glad that the sponsors had removed quiet had prevailed on the Temple Mount. Since from the earlier draft tendentious references which the city’s reunification in 1967, the holy sites had implied Israel’s connivance. been rebuilt, rehabilitated, developed and enriched All efforts must be exerted to prevent further and enjoyed a steady stream of tourists; a law provocation and violence and to avoid further ten- enacted a few days after reunification guaranteed sion, Denmark said; it was necessary to protect protection of the Holy Places from violation, as and preserve Jerusalem’s unique character so that well as freedom of access by members of different peoples of all faiths had unrestricted access. religions to their sacred places. By not adopting the text, the United Arab Opening the debate, Morocco, as Chairman of Emirates said, the Council sent a clear message the Organization of the Islamic Conference, said to Israel that it would cover any Israeli military the recent events fell within the framework of the action. The incidents clearly violated the fourth escalation of illegality and violence which was part Geneva Convention which called for respect by the of Israel’s plan to Judaize the occupied territories occupying State for the performance by the peo- and deny millions of Muslims and Christians the ple of their religious beliefs. right to their Holy Places; the international com- The draft at least affirmed the just demands of munity must respond to those acts with increased Muslim Palestinians and of all Islam concerning firmness in order to stem that escalation and make strict respect for Holy Places, Madagascar stated. the occupation authorities respect mankind’s most Israel’s claim that the incidents were minor and sacred values. had occurred during a routine visit were invalid; Many speakers made similar statements, add- it must cease practices counter to international law ing that those actions were a part of Israel’s plan and to human rights. aimed at changing the status of Jerusalem. These The USSR believed that Israel’s actions in speakers included Afghanistan, Algeria, Guinea, Jerusalem warranted categorical condemnation Jordan, Malaysia, Nicaragua, Senegal, the Sudan, and that the Council should take all necessary the Syrian Arab Republic and the United Arab measures to prevent a repetition. Emirates. Ghana was convinced that Israel meant pur- Several States felt that the incidents should not posely to establish legal and administrative sover- be seen in isolation, but were part of the eignty over the Holy Places in the face of mount- framework of Israel’s occupation of Palestine and ing Arab disagreement and resentment; Israel had the occupied territories. They included Cuba, no legal entitlement to the area it claimed to be India, Indonesia, Jordan, the Libyan Arab inspecting, and these so-called routine visits har- Jamahiriya, Thailand and Yemen. Cuba said the boured in their very nature seeds of conflict. recent act showed how far the Israeli authorities Giving its account of the incident, Israel said were willing to go in order to obtain by might what the visit-not the first of its kind-was a normal was not theirs by right. India added that the in- function of Knesset members belonging to the In- justice which the Arabs and Palestinians had suf- Middle East 277 fered at the hands of the Israelis in the territories actions was the Israeli occupation of the territories over the years offered the only explanation for the belonging to Palestinians and other Arabs. widespread reaction the incident at the Mosque Developments in Jerusalem had taken a turn for had evoked in many countries. the worse, as had the situation in other parts of Jordan said the Israeli occupation denied occupied Palestinian and Arab land, Yugoslavia millions of Arab Christians and about a billion noted; the status of Jerusalem had become a sym- Arab and non-Arab Muslims access to their places bol of the struggle against alien power and will. of worship in Jerusalem; it was urgent to seek the Israel had gone beyond occupation to violating termination of Israeli occupation of all the Arab the occupied territories’ culture, values and reli- territories, including Jerusalem. gion, Mauritania said; Israel’s withdrawal from all Algeria regarded the incidents as a pretext for occupied territories and the exercise of Palestin- intensifying repression and for expropriating and ian rights would provide true guarantees of respect expelling citizens from East Jerusalem. for the Holy Places. Speaking in like manner, In- Accusing Israel of having changed the Holy City donesia called on the Council not to shirk its into a city of cheap, dirty, overcrowded housing, responsibilities; the recent acts of sacrilege must destroying its physical and stifling its spiritual be viewed as part of Israel’s actions in contraven- character, the Syrian Arab Republic called on the tion of international law. Council to impose mandatory sanctions on Brunei Darussalam called on the Council to Israel-a position shared by Mauritania and take effective and urgent measures to prevent Yemen-and deprive it of United Nations Israel from committing recurring acts of desecra- membership. tion. The Sudan believed that the incidents The incidents at the Mosque carried grave im- demolished Israel’s claim that the Islamic Holy plications for peace in the Middle East and had Places enjoyed protection; the Council should pre- the potential of sparking a wider confrontation af- vent a repetition and guarantee the preservation fecting the entire Muslim world, Pakistan warned; of the status and integrity of the Holy Places. any act of sacrilege against the Mosque constituted Malaysia urged the Council to ensure through a threat to peace. Other speakers, including decisive action that such events, which constituted Bangladesh, Ghana, India, Indonesia and Senegal, a clear pattern and flowed from Israel’s attitude were also concerned that such acts could threaten towards Palestinian self-determination and inde- international peace and security. pendence, did not recur. Guinea felt that Israel’s depriving millions of Qatar hoped the Council would deal with the believers of their right to their Holy Places could issue in a manner commensurate with its gravity. only do disservice to the search for a just and Nicaragua also hoped the Council would act firmly lasting Middle East peace. in the face of the new threat by Israel to interna- In the view of Senegal, speaking also as the tional peace and security. In Egypt’s opinion, the Chairman of the Committee on Palestinian rights, international community was again called upon the religious provocation had compounded the to reaffirm its position on the status of East political conflict, with unforeseeable and perhaps Jerusalem and Arab rights there, namely, to reaf- disastrous consequences for international peace firm: the inadmissibility of the occupation of land and security. Those actions were aimed at through military force; the sanctity of the Haram establishing permanent Israeli domination over all al-Sharif and an immediate end to any provocative of Jerusalem and the occupied territories and acts or acts that violated inherent, inalienable Arab creating a fait accompli by encouraging Arabs to and Islamic rights in the Haram area; the necessity emigrate. of Israel’s adherence to the 1949 Geneva Conven- Iraq regarded the incidents as a new link in the tions and to international law which governed and lengthening chain of Israeli aggression and expan- defined the responsibilities of the occupying Power, sion. The problem was not the problem of the as well as acceptance of the fact that Israel should Holy Places, PLO said after the vote; Israel was not hamper the work of the Supreme Muslim striking against the Palestinians and the Council Council responsible for Haram’s affairs; and the was obliged to take urgent concrete measures con- illegitimacy of all Israeli practices aimed at chang- ducive to a comprehensive, just and lasting peace ing the nature, status or demographic composi- and no Council member should be enabled to tion of the occupied territories, including Arab obstruct the road to peace. East Jerusalem. The Zionists attempted to set the region on fire Turkey strongly deplored the incidents; the prin- through their aggression against the Mosque, said ciples enunciated by the Council in its resolutions Saudi Arabia, calling for a clear and decisive stand on Jerusalem should be reconfirmed and Israel in- by the Council. vited to comply strictly with them. Afghanistan believed that the main factor The Libyan Arab Jamahiriya believed that as responsible for the acts of desecration and similar long as the international community supported 278 Political and security questions

Israel, there would be more violations of the sanc- terms of reference to be carefully considered in tity of the Holy Places. The Council had the consultation with the host Governments and PLO. responsibility to protect Jerusalem’s unique Concluding his 1986 report giving an overview character, Bangladesh felt, and acts of desecration of assistance to the Palestinians by various United and profanation must be categorically deplored. Nations bodies,(32) the Secretary-General The events at the Mosque were in flagrant viola- observed that while some identification of the tion of the fourth Geneva Convention, Tunisia needs of the Palestinians had been carried out, fur- said, and the international community was entitled ther information on those needs was required and to demand that Israel respect the Council’s resources needed to be mobilized to support pro- decisions. posed project activities. To facilitate the finaliza- In Iran’s view the desecration of Islamic sanc- tion of the programme of economic and social tuaries should be discussed in the right religious assistance to the Palestinians, the feasibility of context, not in a secular forum by a secular body. fielding a mission could be explored in consulta- The representative of the League of Arab States tion with the relevant United Nations entities and also believed that the criminal act in the Haram other parties concerned. al-Sharif was a step within a plot aimed at seizing UNDP action. The programme of assistance the Islamic sacred sites. He urged that Israel be to the Palestinians of the United Nations Devel- forced to abide by Council resolutions, particularly opment Programme ( UNDP) had become opera- those concerning Jerusalem. The Secretary- tional in 1980. Since then, nine projects costing General of the Organization of the Islamic Con- over $2.5 million had been completed, the ference stated that the Islamic world would not Secretary-General stated in his report on assistance tolerate the profanation and Judaization of Islamic to the Palestinian people.(32) By the end of 1986, Holy Places and would not accept repeated af- 14 projects at a total cost of about $7 million were fronts to its religious beliefs; Jerusalem had to be to be completed and a total of $9.5 million returned to Arab and Islamic sovereignty. authorized by the UNDP Governing Council was to be fully committed to specific projects. A new initial group of projects costing $17.3 million was Assistance to Palestinians contemplated for implementation during the 1987- As requested by the General Assembly in 1991 programming cycle. The Governing Coun- 1985,(31) the Secretary-General convened a cil, in February 1986, approved $8 million for that meeting of United Nations programmes, organiza- cycle from Special Programme Resources. tions, agencies, funds and organs (Geneva, 2 July Also in February, the UNDP Administrator 1986) to consider economic and social assistance visited the area and confirmed to his satisfaction to the Palestinian people. The meeting was also that all parties directly concerned, including par- attended by representatives of PLO and Arab host ticularly the Palestinians in the West Bank and countries, as well as intergovernmental organiza- Gaza, viewed UNDP's programme of assistance as tions and NGOs. The meeting recognized the increasingly important in efforts for development serious situation of the Palestinians and the and self-sufficiency. In a March report to the Gov- urgency of providing increased economic and erning Council,(33) the Administrator proposed social assistance to them, as well as the important that the programme be recognized as a continu- role the United Nations could play in that regard. ing activity to be supported primarily from Special Aid channelled through United Nations organiza- Programme Resources; supplementary special tions should be in accordance with their various contributions should continue to be sought but mandates. The meeting noted the concerns of PLO should not be viewed as essential. The Council, 34 about the development of the programme of in June,( ) authorized the Administrator to economic and social assistance and recognized at allocate an additional, amount of up to $4 million the same time that there were special cir- from Special Programme Resources for assistance cumstances which impeded progress. It considered to Palestinians, on the understanding that any that emphasis should be on developing a more funds allocated would be budgeted before the end systematic programme framework within which of 1986. new projects and activities could be developed in UNICEF activities. During 1986, the United the light of a better knowledge of the Palestinians’ Nations Children’s Fund ( UNICEF) continued to needs and requirements. It was expected that support activities of UNRWA in Jordan, Lebanon, United Nations activities would be further ex- the Syrian Arab Republic, the West Bank and the panded and diversified; it was also recognized that Gaza Strip, largely through the provision of vac- co-ordination and self-evaluation should be im- cines, supplies and equipment. Considerable pro- proved. The meeting urged that a mission to pro- gress was made in respect of the UNICEF pro- mote the development of the programme should gramme of co-operation in the occupied territories be launched as expeditiously as possible, with its of the West Bank and Gaza, which consisted of Middle East 279 three elements: primary health care, pre-school stimula- Noting that the programme of economic and social tion and promotion of child development centres. assistance to the Palestinian people requested in General Assembly resolution 38/145 of 19 December 1983 has Other activities. Among other United Nations not been prepared, bodies, the United Nations Industrial Develop- Noting the increasing need to provide economic and ment Organization ( UNIDO) was carrying out a social assistance to the Palestinian people, study on the establishment of an industrial devel- 1. Takes note of the report of the Secretary-General opment bank for the purpose of providing capital on assistance to the Palestinian people; and technical assistance to industrial enterprises. 2. Notes the meeting on assistance to the Palestin- The United Nations Educational, Scientific and ian people held at Geneva on 2 July 1986 in response Cultural Organization ( UNESCO), under its terms to General Assembly resolution 40/170; of co-operation with UNRWA, was granting 3. Expresses its thanks to the Secretary-General for con- vening the meeting on assistance to the Palestinian fellowships to UNRWA educational personnel. people; Under UNESCO'S 1986-1987 programme budget, 4. Regards such a meeting as a valuable opportunity provision was made for further training fellowships to assess progress in economic and social assistance to for the teaching staff of the universities in the oc- the Palestinian people and to explore ways and means cupied territories, and a special scholarship fund of enhancing such assistance; for students from the territories was under ex- 5. Urges the international community, the United amination by the Director-General. Nations system and intergovernmental and non- The Economic and Social Commission for governmental organizations to disburse their aid or any other form of assistance to the occupied Palestinian ter- Western Asia ( ESCWA) was undertaking several studies on the economic and social conditions of ritories only for the benefit of the Palestinian people and in a manner which will not serve to prolong the Israeli the Palestinians under occupation. It was planning occupation; the execution of three surveys related to the Pal- 6. Requests the Secretary-General: estinian people, on income and expenditure of (a) To prepare without further delay the programme households, a fertility survey and migration. Those of economic and social assistance to the Palestinian peo- surveys were to be conducted first in the Palestine ple requested in General Assembly resolution 38/145; refugee camps in the Syrian Arab Republic, with (b) To convene in 1987 a meeting of the relevant pro- a mission to that country starting its work in grammes, organizations, agencies, funds and organs of January 1986. the United Nations system to consider economic and social assistance to the Palestinian people; In February, ESCWA, in co-operation with the (c) To invite the Palestine Liberation Organization, Arab Labour Organization/Arab Employment In- the Arab host countries and relevant intergovernmen- stitutions ( ALO/AEI), initiated a study to identify tal and non-governmental organizations to participate the needs with regard to technical and vocational in the meeting; educational institutions in the West Bank and the 7. Requests the international community, the United Gaza Strip. During the second quarter of 1986, Nations system and intergovernmental and non- ESCWA undertook jointly with ALO/AEI a study on governmental organizations to sustain and increase their labour market developments there. Another study assistance to the Palestinian people in co-operation with on marketing of agricultural outputs in the oc- the Palestine Liberation Organization; 8. Also requests that United Nations assistance to the cupied territories was undertaken by an ESCWA Palestinians in the Arab host countries should be consultant in May 1986. E SCWA was also par- rendered in co-operation with the Palestine Liberation ticipating, jointly with the United Nations Con- Organization and with the consent of the Arab host ference on Trade and Development (UNCTAD), in Government concerned; the preparation of a study on the development of 9. Requests the Secretary-General to report to the financial structures and activities in the territories. General Assembly at its forty-second session, through the Economic and Social Council, on the progress made

ECONOMIC AND SOCIAL COUNCIL ACTION in the implementation of the present resolution. On 22 July, acting on the recommendation of Economic and Social Council resolution 1986/49 its Third (Programme and Co-ordination) Com- 22 July 1986 Meeting 38 51-1 (roll-call vote) mittee, the Economic and Social Council adopted Approved by Third Committee (E/1986/120) by vote (41-1), 14 July (meeting 12); 12-nation draft (E/1986/C.3/L.4), orally revised: agenda item 22. resolution 1986/49 by roll-call vote. Sponsors: Algeria, Bangladesh, Egypt, Indonesia. Iraq, Morocco, Pakistan, Saudi Arabia, Senegal, Sri Lanka, Syrian Arab Republic. Tunisia. Assistance to the Palestinian people The Economic and Social Council, Roll-call vote in Council as follows: Recalling General Assembly resolution 40/170 of 17 In favour: Argentina, Australia, Bangladesh, Belgium, Brazil, Byelorussian SSR, December 1985, Canada, China, Colombia, Costa Rica, Djibouti, Egypt, Finland, France, Gabon, German Democratic Republic, Germany, Federal Republic of. Guinea. Haiti. Ice- Recalling also Economic and Social Council resolution land. India. Indonesia, Iraq. Italy. Jamaica, Japan, Morocco, Mozambique, Ni- 1985/57 of 27 July 1985, geria. Pakistan, Panama, Papua New Guinea, Peru. Philippines, Poland. Romania, Recalling further the Programme of Action for the Rwanda, Senegal, Sierra Leone, Somalia, Spain, Sri Lanka, Sweden, Syrian Arab Republic. Turkey, USSR, United Kingdom, Venezuela, Yugoslavia, Zaire, Achievement of Palestinian Rights, adopted by the In- Zimbabwe. ternational Conference on the Question of Palestine, Against: United States. 280 Political and security questions

The United States regretted that the Council the United Nations system to consider economic and had unnecessarily politicized the debate on the social assistance to the Palestinian people; legitimate need to assist the Palestinians and (b) To invite the Palestine Liberation Organization, challenged others to match its own efforts and the Arab host countries and relevant intergovernmen- tal and non-governmental organizations to participate funds. in the meeting; Speaking on behalf of the EC member States, 8. Requests the international community, the United the United Kingdom said they would continue to Nations system and intergovernmental and non- provide humanitarian assistance to the Palestin- governmental organizations to sustain and increase their ians bilaterally and through EC, as well as through assistance to the Palestinian people in co-operation with United Nations bodies. the Palestine Liberation Organization; Israel, stating that attempts had been made to 9. Also requests that United Nations assistance to the represent it as systematically opposing assistance Palestinians in the Arab host countries should be to the Palestinians and as hindering the flow of rendered in co-operation with the Palestine Liberation Organization and with the consent of the Arab host world aid, welcomed any assistance that could be Government concerned; extended for constructive purposes through proper 10. Requests the Secretary-General to report to the and legitimate channels. General Assembly at its forty-second session, through the Economic and Social Council, on the progress made GENERAL ASSEMBLY ACTION in the implementation of the present resolution.

On 8 December 1986, acting on the recommen- General Assembly resolution 41/181 dation of the Second (Economic and Financial) 8 December 1986 Meeting 100 142-2-1 (recorded vote) Committee, the General Assembly adopted Approved by Second Committee (A/41/930/4dd.1) by vote (137-2), 4 November resolution 41/181 by recorded vote. (meeting 27): 10-nation draft (A/C.2/41/L.21); agenda item 12. Sponsors: Algeria. Bangladesh. Democratic Yemen, Madagascar, Mauritania, Saudi Assistance to the Palestinian people Arabia, Senegal, Syrian Arab Republic, Tunisia, Yemen. Meeting numbers. GA 41st session: 2nd Committee 19, 23-25, 27; plenary 100. The General Assembly, Recorded vote in Assembly as follows: Recalling its resolution 40/170 of 17 December 1985, In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- Recalling also Economic and Social Council resolution tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, 1986/49 of 22 July 1986, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Recalling further the Programme of Action for the Burma, Burundi, Byelorussian SSR, Cameroon. Canada, Cape Verde, Central African Republic. Chad. Chile, China, Colombia, Côte d’lvoire, Cuba. Czecho- Achievement of Palestinian Rights, adopted by the In- slovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti. ternational Conference on the Question of Palestine, Dominican Republic, Ecuador, Egypt. El Salvador, Equatorial Guinea, Ethiopia, Noting that the programme of economic and social Fiji, Finland, France, Gabon, German Democratic Republic, Germany, Federal Republic of. Ghana. Greece. Grenada. Guatemala. Guinea. Guinea-Bissau. assistance to the Palestinian people requested in General Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq. Ireland. Assembly resolution 38/145 of 19 December 1983 has Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic. not been prepared, Lebanon. Lesotho, Liberia. Libyan Arab Jamahiriya, Luxembourg. Madagascar, Noting the increasing need to provide economic and Malawi, MaIaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Morocco, Mozambique. Nepal. Netherlands, New Zealand, Nicaragua. Niger, Nigeria, Nor- social assistance to the Palestinian people, way, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, 1. Takes note of the report of the Secretary-General Qatar, Romania. Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, on assistance to the Palestinian people; Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore. Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden. Syrian 2. Welcomes the decision of the Secretary-General to Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia. Turkey, Uganda, send a mission to prepare the programme of economic Ukrainian SSR, USSR. United Arab Emirates United Kingdom, United Republic and social assistance to the Palestinian people requested of Tanzania, Uruguay, Vanuatu, Venezuela. Viet Nam, Yemen, Yugoslavia, Zambia. in General Assembly resolution 38/145; Against: Israel. United States. Abstaining: Costa Rica. 3. Notes the meeting on assistance to the Palestin- ian people held at Geneva on 2 July 1986 in response Israel said the main purpose of the text should to General Assembly resolution 40/170; be to encourage countries that claimed to want to 4. Expresses its thanks to the Secretary-General for con- help the Palestinians to provide additional vening the meeting on assistance to the Palestinian people; resources; plans already existed to spend more 5. Regards such a meeting as a valuable opportunity than had been contributed to date and it would to assess progress in economic and social assistance to have been natural for the text to include a specific the Palestinian people and to explore ways and means call on countries to contribute more. The text also of enhancing such assistance; wrongly implied that the situation of the Pales- 6. Urges the international community, the United tinians had deteriorated, and the reference in Nations system and intergovernmental and non- paragraph 6 to the Israeli occupation was governmental organizations to disburse their aid or any gratuitous and out of order. Instead of calling for other form of assistance to the occupied Palestinian ter- negotiations that might lead to positive changes, ritories only for the benefit of the Palestinian people and the text was trying to encourage confrontation and in a manner that will not serve to prolong the Israeli occupation; might create serious obstacles to progress on the 7. Requests the Secretary-General: Palestinian problem. (a) To convene in 1987 a meeting of the relevant pro- The United States and the United Kingdom, grammes, organizations, agencies, funds and bodies of the latter speaking for the European Economic Middle East 281

Community, expressed positions similar to those Assembly, by resolution 41/179 A, called again for made in the Economic and Social Council (see voluntary contributions, and appropriated $112 above). million for UNIFIL from 19 April 1986 to 18 Jordan, supporting the provision of all aid to January 1987 and authorized commitments not to ease the sufferings of the Palestinians, pointed out exceed $12 million per month for the year after that that, with regard to paragraph 9, all United Na- period. By resolution 41/179 B, the Assembly tions assistance to the Palestinians in Jordan must authorized suspension of the United Nations be carried out with prior cognizance of the Jorda- Financial Regulations so that UNIFIL could retain nian Government. a “surplus balance” of about $4.8 million. Assistance for the reconstruction and develop- REFERENCES ment of Lebanon was the subject of Assembly (1)A/41/35. (2)YUN 1976, p. 235. (3)YUN 1983, 274. resolution 41/196. (4)A/41/768-S/18427. (5)A/41/84-S/17728 & Corr.1. (6)YUN The Security Council, in February, considered 1985, p. 292. (7)A/41/81-S/17723. (8)A/41/73-S/17710. an incident in which Israeli fighter planes intercepted (9)A/41/127-S/17781. (10)A/41/333-S/18056. (11)E/1986/22 a Libyan civilian aircraft with a political delega- (res. 1986/22 (12)YUN 1985, p. 279, GA res. 40/96 C, 12 Dec. 1985. (13)YUN 1980, p, 399. (14)A/41/724-S/18413. tion of the Syrian Arab Republic on board. The (15)A/41/736-S/18417. (16)A/41/900-S/18483. (17)YUN 1980, Council voted on a draft, by which it would have p. 426, SC res. 478(1980), 20 Aug. 1980. (18)A/41/82-S/17727. condemned Israel for the action and warned that (19)A/41/85-S/17729. (20)A/41/91-S/17739. (21)A/41/94-S/17749. (22)A/41/109-S/17757. (23)A/41/113-S/17760. (24)A/41/117- it would consider taking adequate measures if such S/17765. (25)S/17740. (26)S/17741. (27)S/17750. (28)S/17758. acts were repeated. The text was not adopted owing (29)S/17748. (30)S/17769/Rev.l. (31)YUN 1985, p. 284, GA to the negative vote of a permanent member. res. 40/170, 17 Dec. 1985. (32)A/41/319-E/1986/72 & Corr.1 & On the Syrian Golan Heights, UNDOF contin- Add.1,2. (33)DP/1986/22. (34)E/1986/29 (dec. 86/30). ued to supervise the cease-fire between the Israeli and Syrian forces and ensure that there were no military forces in the area of separation. The Incidents and disputes Security Council extended UNDOF’ S mandate twice during the year, each time for six months, between Arab countries and Israel by resolutions 584(1986) and 590(1986). The General Assembly, by resolution 41/44 A, ap- The 1981 bombing by Israeli aircraft of a nu- propriated $35.7 million for the operation of clear research centre near Baghdad(1) was in 1986 UNDOF from 1 June 1986 to 31 May 1987 and again the subject of a resolution adopted by the authorized commitments not to exceed $2 million General Assembly (41/12). per month for the following six months. By resolu- The fighting in Lebanon continued and inten- tion 41/44 B, the Assembly suspended the United sified, leading to further deterioration of the situation, Nations Financial Regulations to enable UNDOF especially in the south. In January, the Security to retain a “surplus” of $1.5 million which would Council considered the situation there and voted otherwise have to be surrendered. on a draft resolution, by which it would have demanded that Israel desist from its measures against Iraq and Israel the civilian population and reaffirmed the urgent need for Israeli withdrawal. Owing to a permanent GENERAL ASSEMBLY ACTION member’s negative vote, the text was not adopted. On 29 October, the Assembly adopted resolu- During 1986, the Council twice extended the tion 41/12 by recorded vote. mandate of UNIFIL—in April for three months (resolution 583(1986)) and in July for six months Armed Israeli aggression against the Iraqi nuclear (586(1986)). For the first time, the vote on the ex- installations and its grave consequences for the established international system concerning tension of the mandate was unanimous. the peaceful uses of nuclear energy, Following a series of attacks against French the non-proliferation of nuclear weapons UNIFIL personnel, the Council in September, by and international peace and security resolution 587(1986), strongly condemned those at- The General Assembly, tacks and called for an end to any military pres- Having considered the item entitled “Armed Israeli ag- ence in southern Lebanon not accepted by the gression against the Iraqi nuclear installations and its Lebanese authorities. In an October statement, the grave consequences for the established international Council urged full support to the Force and system concerning the peaceful uses of nuclear energy, repeated the call for an end to any military pres- the non-proliferation of nuclear weapons and interna- tional peace and security”, ence in southern Lebanon. Recalling the relevant resolutions of the Security Coun- A shortfall of $242.6 million, mainly due to a cil and the General Assembly, withholding of contributions, posed a very serious Taking note of the relevant resolutions of the Interna- problem for UNIFIL operations. The General tional Atomic Energy Agency, 282 Political and security questions

Viewing with deep concern Israel’s refusal to comply with The Assembly had before it an amendment by Security Council resolution 487(1981) of 19 June 1981, Iran(2) that would have added a paragraph Concerned that armed attacks on nuclear facilities raise strongly condemning all military attacks on all nu- fears about the safety of present and future nuclear in- stallations, clear installations dedicated to peaceful purposes, Aware that all States developing nuclear energy for including the military attacks by Israel on the Iraqi peaceful purposes need assurances against armed attacks facilities. Jordan proposed replacing that on nuclear facilities, paragraph by one reiterating strong condemna- 1. Culls upon Israel urgently to place all its nuclear tion of the military attack by Israel on the Iraqi facilities under International Atomic Energy Agency facilities, as well as an future attack on peaceful safeguards in accordance with resolution 487(1981) nuclear installations.(3) Iran then proposed to adopted unanimously by the Security Council; have the Assembly reiterate its strong condemna- 2. Considers that Israel has not yet committed itself tion of the military attack by Israel on the Iraqi not to attack or threaten to attack nuclear facilities in facilities and condemn all military attacks, both Iraq or elsewhere, including facilities under Interna- of the past and of the future, on all peaceful nu- tional Atomic Energy Agency safeguards; 4 clear installations.( ) 3. Reaffirms that Iraq is entitled to compensation for the damage it has suffered as a result of the Israeli armed Introducing the draft on behalf of its sponsors, attack on 7 June 1981; Iraq said they were convinced that Israel intended 4. Requests the Conference on Disarmament to con- to repeat its aggression, having made that clear tinue negotiations with a view to reaching an immediate through constant threats. By slipping a refurbished conclusion of the agreement on the prohibition of model of previous resolutions into the Assembly, military attacks on nuclear facilities as a contribution said Israel, Iraq attempted to bypass a decision to promoting and ensuring the safe development of nu- by the International Atomic Energy Agency clear energy for peaceful purposes; (IAEA) to delete the subject from its agenda after 5. Decides to include in the provisional agenda of its Israel had given solid assurances of not making forty-second session the item entitled “Armed Israeli ag- gression against the Iraqi nuclear installations and its any attack on nuclear facilities devoted to peaceful grave consequences for the established international purposes, while Iraq refused to do likewise. system concerning the peaceful uses of nuclear energy, The United States said that, in neglecting the 5 the non-proliferation of nuclear weapons and interna- action by the 1985 IAEA General Conference( ) tional peace and security”. during which Israel had provided the assurances

General Assembly resolution 41/12 called for in paragraph 2, the text called into ques- 29 October 1986 Meeting 51 88-5-55 (recorded vote) tion the judgement of a substantial number of IAEA member States; the sole intent of the text, 26-nation draft (A/41/L.14 & Add.1); agenda item 24. Sponsors: Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Democratic Yemen, reinforced by paragraph 5, was to arouse hostility. Djibouti, Indonesia. Iraq, Jordan, Kuwait, Lebanon, Libyan Arab Jamahiriya, Speaking for the 12 EC member States, the Malaysia, Mauritania, Morocco, Nicaragua, Omen, Qatar, Saudi Arabia, Somalia, Sudan, Tunisia, United Arab Emirates, Yemen, Yugoslavia. United Kingdom also questioned whether there Recorded vote in Assembly es follows: was need to include the item in any future ln favour; Afghanistan, Albania, Algeria, Angola, Bahrain, Bangladesh, Bhutan, Assembly agenda after IAEA had concluded its Botswana, Brazil. Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorus- consideration of the subject. sian SSR, Central African Republic, Chad, China, Comoros Congo, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Egypt, Norway shared that opinion, adding that Gabon, Gambia, German Democratic Republic, Ghana, Guinea, Guyana, paragraph 2 was inconsistent with the IAEA resolu- Hungary, India, Indonesia. Iran, Iraq, Jordan, Kenya, Kuwait, Leo People’s Democratic Republic, Lebanon. Lesotho, Libyan Arab Jamahiriya, Madagascar, tion. That paragraph obviously contradicted Malaysia, Maldives, Mali, Malta, Mauritania, Mongolia, Morocco, Nepal, Nica- IAEA'S text, Sweden said. Argentina found it dif- ragua, Niger Nigeria, Oman, Pakistan, Papua New Guinea, Philippines, Poland, Qatar, Romania, Rwanda, Saudi Arabia, Senegal, Seychelles, Somalia, Sri Lanka, ficult to reconcile the third preambular paragraph Sudan, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, with paragraph 2. Israel had offered acceptable Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic guarantees to IAEA, Uruguay believed. Mexico of Tanzania, Viet Nam, Yemen; Yugoslavia, Zambia, Zimbabwe (6) Against: El Salvador, Honduras, Israel, Saint Christopher and Nevis, United abstained for the same reasons as in 1985. states. Australia considered Israel’s commitment was Abstaining: Antigua and Barbuda, Argentina, Australia, Austria, Bahamas. Bar- bados, Belgium, Bolivia, Cameroon, Canada, Chile, Colombia, Costa Rica, Côte made in good faith, and for the matter to reap- d’lvoire, Denmark, Dominican Republic, Ecuador, Equatorial Guinea, Fiji, Finland, pear would not serve to achieve productive results. France, Germany, Federal Republic of, Greece, Grenada, Guatemala, Haiti, Ice- IAEA S land, Ireland, Italy. Jamaica, Japan, Liberia, Luxembourg. Malawi, Mauritius, Canada also felt that ' action should have Mexico, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Portugal, closed the discussion. In view of the time that had Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sierra Leone, Solomon elapsed since the 1981 attack and the Assembly’s Islands, Spain, Sweziland, Sweden, United Kingdom, Uruguay. Venezuela, Zaire. repeated unequivocal condemnation of it, Peru Before the text as a whole was adopted, the believed that the text gave rise to procedural prob- Assembly adopted, by a recorded vote of 37 to 2, lems and was untimely. with 90 abstentions, a motion by Iraq that no Believing that the text’s main thrust deserved amendment be accepted, and paragraph 2 was an affirmative vote, Brazil intended to reassess its adopted by a recorded vote of 63 to 41, with 33 future position if it became clear that the item was abstentions. being used to increase tensions unduly; that IAEA Middle East 283 had accepted Israel’s assurances also deserved sion of Israeli troops into West Beirut. The mention. Secretary-General reported in October 1986(10) India, stating that the text clearly expressed the that, since the withdrawal of the Israeli forces from international community’s views, reaffirmed its the Beirut area in September 1983, the Group’s position on issues such as the 1968 Treaty on the activities had been reduced and its total strength Non-Proliferation of Nuclear Weapons(7) and full- brought down from 50 to 18. scope safeguards. The Security Council, in a June statement, ex- The Syrian Arab Republic would have preferred pressed grave concern at the continuing intensifica- that the text embody an unequivocal condemna- tion of the lighting in Beirut, especially in and around tion of Israel’s aggression against Iraq. the Palestinian refugee camps, and appealed for a Iran found the adopted text on the whole cessation of the fighting. In December, it expressed satisfactory, adding that it would vote for any serious concern at the escalation of violence, par- resolution in favour of the Iraqi people, in defence ticularly affecting the population of the camps. It of their property and against Zionist interventions; appealed for restraint in order to end those acts of it regretted, however, that its amendment had not violence and for measures to alleviate the suffering. been acceptable to Iraq. During and immediately after the heavy lighting in Beirut between May and July, UNRWA provided emergency assistance to some 48,000 Lebanon situation refugees, in addition to its regular operations The situation in Lebanon in 1986 deteriorated which already imposed enormous demands on the further, due to continued and intensified lighting. Agency in trying to meet the refugees’ needs. In January, the Security Council considered the Following a series of violent incidents in the situation in southern Lebanon which witnessed, UNIFIL zone between 11 and 22 August, during according to Lebanon, an escalation of Israeli ag- which two Lebanese and one member of the Irish gression. Israel, on the other hand, held the posi- contingent were killed and several French soldiers tion that southern Lebanon was used especially by were wounded, and another incident on 4 Syrian forces for terrorist attacks against it. The September when three French soldiers were killed Council voted on a draft resolution by which it by a remote-controlled bomb in the sector of the would have strongly demanded that Israel desist French contingent, the Security Council met on from its measures against the civilian population 5 September. On the morning of that day, Israeli and reaffirmed the urgent need for Israeli soldiers carried out a helicopter raid in the village withdrawal. Owing to a permanent Council of Zibqin in the sector of the Nepalese contingent. member’s negative vote, the text was not adopted. The Council issued a statement expressing deep During 1986, the Security Council unanimously sorrow and indignation at such deliberate violence; extended the mandate of UNIFIL—in April for the Council members considered it essential to three months and in July for six months. The adopt with all urgency reinforced security situation was generally quiet in UNIFIL’s area of measures and asked the Secretary-General to act operation, the Secretary-General stated in his re- to that effect. They also thanked the Secretary- port on UNIFIL covering the period 11 October General for immediately dispatching a mission led 1985 to 9 April 1986.(8) However, in the so-called by the Under-Secretary-General for Special security zone-a strip of land extending into part Political Affairs in order to examine, in consulta- of the UNIFIL area-there had been an increase tion with the Lebanese Government, measures to in attacks against the Israel Defence Forces (IDF) enable the Force to carry out its mandate. and their local allies, the South Lebanon Army Another attack against French personnel by a (SLA). There had also been several rocket attacks remote-controlled roadside bomb was carried out against targets in northern Israel. These incidents on 13 September. In an 18 September report,(11) led to counter-actions by IDF and SLA, including the Secretary-General stated that recent weeks had a major incursion into the UNIFIL area by IDF in witnessed a dangerously high level of violence in brigade strength from 17 to 22 February, the tak- UNIFIL’s area of deployment; Israel’s continuing ing and interrogation of prisoners and the in- occupation and the behaviour of its allies in SLA discriminate shelling of villages in the security had increasingly provoked armed resistance by zone. Those counter-actions resulted in further various groups, and UNIFIL personnel risked being resentment by the population leading to a further caught in such retaliatory fire, as had happened increase in violence. at the Nepalese position on 11 September. Because The situation in and around Beirut, with par- of all those incidents, various measures were taken ticular emphasis on developments involving Israeli to improve the security of the troops and certain forces and Palestinians, was monitored by the redeployments took place within the UNIFIL area. Observer Group in Beirut, with observers from The second part of the mission’s task was to pur- (9) UNTSO, set up in 1982 following the first incur- sue consultations with the parties on how progress 284 Political and security questions could be made towards implementing the 1978 to exceed $12,125,000 per month for the 12 months Security Council resolution(12) calling for strict re- after that period. In view of the difficult financial spect for Lebanon’s territorial integrity, sover- situation of the Force, the Assembly authorized eignty and political independence, and for Israeli suspension of the United Nations Financial withdrawal from all Lebanese territory, and Regulations to enable UNIFIL to retain a “surplus establishing UNIFIL for the purpose of confirming balance” of about $4.8 million. that withdrawal, restoring peace and security, and The Assembly invited the Secretary-General to assisting the Lebanese Government in ensuring the consider the urgent need to nominate a United return of its effective authority. The Lebanese Nations Co-ordinator of Assistance for the leaders and the Syrian Government expressed un- Reconstruction and Development of Lebanon, and equivocal support for continued UNIFIL presence requested that the United Nations system expand and urgent implementation of the 1978 resolution, its programme of assistance to Lebanon. while Israel reiterated that the only reason for its Communications. Referring to a December continuing military presence in Lebanon was to 1985 letter by the Syrian Arab Republic,(15) Israel ensure the security of northern Israel. Given those stressed in a communication of 2 January 1986(16) conditions and the financial situation of the Force, that Lebanon was dominated by the Syrian Arab which cost the international community about Republic, as recently reaffirmed by negotiations $140 million annually, the Secretary-General said at Damascas with various Lebanese factions and that UNIFIL faced a major crisis. If progress in im- militias; that domination was exploited to wage plementing the 1978 resolution was not achieved terrorist attacks against Israel. Together with the soon, the Council might be compelled to give Libyan Arab Jamahiriya, the Syrian Arab serious consideration to the Force’s withdrawal, de- Republic assisted terrorists who attacked innocent spite the consequences. Accordingly, the Secretary- people all over the world; the Abu Nidal gang, General recommended that the Council take which had taken the responsibility for the urgent action to unblock the current impasse. December 1985 attacks at the Rome and Vienna The Council met on 19, 22 and 23 September airports,(17) had bases in the Republic and, with and adopted a resolution by which it strongly its approval, in the Bekaa Valley in Lebanon. condemned the attacks against UNIFIL, urged all Various official sources confirmed that those who parties to co-operate with it, again called for an had committed the Rome airport murders had end in southern Lebanon to any military pres- entered Italy via the Syrian Arab Republic. Under ence not accepted by the Lebanese authorities, those circumstances, Israel said, it had no choice and requested the Secretary-General to arrange but to take all necessary measures to defend itself for a deployment of the Force to the southern and its population against terrorism. border of Lebanon. Reporting again on 13 Oc- On 11 January 1986,(18) the Syrian Arab tober,(13) the Secretary-General stated that there Republic reaffirmed that its forces were in Leba- had been a marked reduction in attacks against non legitimately, having been requested by the the Force since 18 September and no further lives Lebanese Government and by virtue of a decision had been lost. As requested by the Council, fur- of the League of Arab States. Israel characterized ther measures had been taken to enhance the the Syrian presence as occupation and domina- security of UNIFIL personnel. Following con- tion in order to justify its own occupation of parts sultations on the Secretary-General’s report, the of southern Lebanon, which it used as a base for Council issued on 31 October a statement ex- oppression, persecution and displacement of the pressing regret that the consultations aimed at inhabitants and as a staging point for its aggres- implementing the 1978 resolution had failed to sion against Lebanon. Israel’s allegations were at- yield results and called on him to intensify his ef- tempts to justify those acts aimed at thwarting the forts towards that end. Council members again Republic’s efforts to restore security and peace to urged full support for the Force and repeated Lebanese territory, efforts which had been con- their call regarding an end to the military pres- ducive to the parties to the conflict in Lebanon ence in southern Lebanon. reaching agreement on a national accord for a The Council also called on all countries to solution to the Lebanese crisis, signed at assume their financial responsibilities towards Damascus on 28 December 1985. The Syrian UNIFIL. The shortfall of $242.6 million continued Arab Republic would continue supporting Arab to pose a very serious problem for the financial resistance, based on its commitment to the Arab management of the Force, the Secretary-General people, particularly to those of Palestine and stated in an October report on UNIFIL financ- Lebanon. ing.(14) Calling again for voluntary contributions, On 23 January,(l9) Israel stressed that recent the General Assembly appropriated $112,238,500 events in Damascus, Beirut and other areas in for UNIFIL operations from 19 April 1986 to 18 Lebanon reconfirmed the points it had made on January 1987, and authorized commitments not 2 January, adding that the so-called spokesman for Middle East 285 the Abu Nidal gang had made a recent statement beyond the international border was not to alter issued from Damascus, in which he threatened fur- the border’s status but to provide security. Israel ther murder attacks in Europe. was not interested in Lebanon’s territory or its Lebanon, on 18 February,(20) called to the water; however, security problems occasionally Secretary-General’s attention recent Israeli actions necessitated implementation of certain measures in southern Lebanon, among them alteration of and a return to normalcy in the area would bring international boundaries by moving a barbed-wire an effective end to that problem. strip; building a new road to facilitate surveillance On 6 March,(24) Israel, again rejecting what it of infiltration into Israel; and erection of buildings called misrepresentations by Lebanon, stated that used for military purposes. There had also been IDF had merely carried out search operations for an increase in aggressive acts against areas adja- two Israeli soldiers abducted on 17 February in a cent to the “security zone”, the most serious being security zone established in southern Lebanon; the expulsion of people from the town of Kounin after six days of searching, the IDF units had on 30 December 1985. Israel’s actions were part returned, having uncovered large quantities of of continuing preparations to pump water from military supplies to be used for terrorist strikes the Litani River to Israel through underground against Israel. Israel’s sole concern was that Leb- pipelines. Should the Council fail to adopt a anon should not be used for that purpose. decisive resolution on such actions, they were likely On 5 March,(25) Israel charged that terrorist to continue and be repeated in other parts of killers freely operating in Lebanon had recently southern Lebanon. begun striking with particular cruelty against Leb- In another letter of the same date,(21) Lebanon anon’s Jewish community, kidnapping nine, four charged that Israel, using the pretext of the disap- of whom had been tortured and murdered. Leba- pearance of two of its soldiers, had carried out on non had not taken any measures to protect its 17 February large-scale military operations in citizens, as its leadership and the many terrorist southern Lebanon; more than 600 troops, sup- gangs were dominated by the Syrian Arab ported by large numbers of tanks, personnel- Republic which bore responsibility for the anti- carriers and helicopters and aircraft, had attacked Semitic outrages. Israel called on the international 15 Lebanese villages and reached the vicinity of community to join it in holding the Lebanese the town of Tyre. Reinforcements brought the Government accountable for protecting all its troops to over 1,000 and the number of vehicles citizens, regardless of religion or ethnic origin; im- to hundreds. Operations continued on 18 mediate action was required to prevent the re- February, with the forces setting up road blocks, maining hostages from being murdered and to raiding houses and interrogating the inhabitants stop further kidnappings of Jews. Israel reserved after assembling them in public squares. Israeli its right to seek out the perpetrators. forces still occupied Shaqra, Sultaniya, Qa’qa'iyat, On the morning of 27 March, Katyusha rockets Haris, Kafra and Haddathah. Helicopters and air- had been fired at the town of Qiryat Shemona, craft were terrorizing the populations of Tyre, Israel stated on 1 April,(26) one hitting an elemen- Marjayoun, Bint Jubayl and Nabatiyah. Lebanon tary school, wounding six, among them a teacher called for an end to Israel’s actions and reserved and four children. Broadcasting from Baghdad, its right to call for a Security Council meeting. PLO’s Fatah faction had claimed responsibility for On 21 February,(22) Lebanon complained of the attack, the latest in a series aimed at civilians further aggression by Israel and what it called its in northern Israel. The rockets had been fired from client forces which, Lebanon charged, had ex- near Shaqra, in an area over which UNIFIL had tended their operations from the so-called security assumed control in July 1985; as the attacks from zone to more than 15 kilometres inside the area that area demonstrated, preventing PLO and Hez- of deployment of the international forces in Leb- bollah terrorism required forces committed to and anon. From 19 to 21 February, Israel had bom- organized for the defence of the area against ter- barded and besieged dozens of Lebanese towns rorism. and villages to detain their inhabitants. Israeli The Secretary-General replied on 11 April(27) gunboats were also taking part and dozens of that UNIFIL’s Commander had informed him that, civilians had been killed. Lebanon called for a after a thorough search, no evidence had been rapid move by the Council to end those practices found to confirm that Katyushas were fired from immediately and bring about an Israeli withdrawal the vicinity of Shaqra; the Commander also in- up to internationally recognized boundaries. dicated that, after the reported explosion in Qiryat Rejecting Lebanon’s allegations as unfounded, Shemona, UNIFIL observed that IDF/SLA person- Israel said on 5 March(23) that in the absence of nel had searched inside the enclave south of Sha- an effective central authority in Lebanon, it had qra and that the IDF liaison officer made no ac- to ensure its citizens’ safety. The sole purpose of cusation to UNIFIL that the firing had taken place the fence which extended a few hundred metres from inside the UNIFIL area. 286 Political and security questions

On 26 September,(28) Lebanon charged Israel withdrawal from Lebanese territory, and called on with acts of aggression against areas in Mount Governments which continued to aid Israel to re- Lebanon, south Lebanon and the Bekaa Valley, frain from providing it with support which en- and with continuing its military buildup along the couraged it to persevere with its aggression and borders with Lebanon, thereby contributing to an expansion policy. The Commission asked the already explosive situation. On the same date,(29) Secretary-General to monitor implementation of Lebanon reported that that day an IDF/SLA unit its resolution and to report to the General had attacked the village of Yatar in the UNIFIL Assembly. area, blowing up houses and intimidating the In a 10 March resolution dealing with various population. aspects of the Palestine question (see p. 270), the On 29 September,(30) the United Arab Commission condemned Israel’s aggression and Emirates transmitted a 26 September letter from practices against the Palestinians in and outside PLO, charging Israel with raiding the Palestinian the occupied territories, particularly against those refugee camp at Mieh Mieh (see also p. 290). in Lebanon. Israel planned military action along its northern border, with troops to be deployed by land, sea and SECURITY COUNCIL ACTION air and with the Sidon area as the main target; On 6 January,(35) Lebanon asked for an urgent an armoured division and a mechanized infantry meeting of the Security Council to consider what battalion were already in the so-called security it said were Israel’s continuing acts of aggression zone. and abusive practices in southern Lebanon. The On 17 October,(31) Lebanon reported that on 16 Council held three meetings-two on 13 January October Israeli fighter aircraft had bombed Sidon and one on 17 January. and the neighbouring area four times; the Israeli Meeting numbers. SC 2640-2642. navy had participated and troops were landed in Lebanese territory, while helicopters fired ran- The Council invited Israel, Lebanon, the Lib- domly. This act resulted in heavy human and ma- yan Arab Jamahiriya, Morocco, Qatar, Saudi terial losses. Lebanon called on the Security Coun- Arabia and the Syrian Arab Republic, at their re- cil to assume its responsibilities and end the quest, to participate in the discussion without the aggression and Israel’s intervention in Lebanon’s right to vote. internal affairs. On 17 January, the Council voted on a draft A 16 November Israeli air raid was reported by resolution by Lebanon.(36) The vote was 11 to 1, Lebanon the following day;(32) six Israeli war- with 3 abstentions, as follows: planes bombed the eastern outskirts of Sidon, In favour: Bulgaria, China, Congo, France, Ghana, causing a number of wounded and leaving serious Madagascar, Thailand, Trinidad and Tobago, USSR, material damage. On 17 November, Lebanon United Arab Emirates, Venezuela. charged, three military helicopters carried out a Against: United States. second raid at the same area, firing seven missiles Abstaining: Australia, Denmark, United Kingdom. which destroyed a two-storey building. Lebanon requested speedy action by the Secretary-General Owing to the negative vote of a permanent to halt Israel’s aggression in order to preserve in- member, the draft was not adopted. ternational peace and security. By the text, twice revised, the Council, reaffirm- 33 On 11 December,( ) Lebanon charged Israel ing the urgent need to implement its 1978(12) and with another act of airborne aggression, the sec- 1982(37) resolutions demanding Israel’s military ond against northern Lebanon and the nineteenth withdrawal, would have strongly deplored Israel’s against Lebanese territory during one year; the air acts of violence and abusive measures against attacks alone had killed more than 35 people and southern Lebanon’s civilian population; reiterated injured 130, apart from causing extensive prop- its call for strict respect for Lebanon’s sovereignty, erty damage (see also p. 290). independence, unity and territorial integrity; Action by the Commission on Human Rights. demanded that Israel desist from measures against By a resolution adopted on 12 March(34) by a roll- civilians in southern Lebanon which impeded call vote of 25 to 1, with 17 abstentions, the Com- restoration of normal conditions in the area and mission on Human Rights strongly condemned threatened reconciliation efforts towards restoring Israel for its human rights violations, aggression peace and security in the whole country; and and arbitrary practices against civilians in south- decided to keep the situation under review, with ern Lebanon, including assassinations, detentions, the Secretary-General reporting to the Council. abductions, demolition of houses, desecration of The United States considered the text negative places of worship and other inhuman acts. It called and one-sided and believed that it would not on Israel immediately to end such practices and bring closer peace in Lebanon or relief to the suf- demanded its immediate, total and unconditional fering. The immediate motive for Lebanon’s Middle East 287 complaint-the situation in the village of Kounin In addition to the calls in the draft, China said, (see below)-appeared to be nearing resolution the Council should demand the dismantling of through the constructive efforts of UNIFIL, sup- “security zones” and the dissolution of SLA. AS ported by the parties interested in south Lebanon’s a victim of aggression and a small State, Lebanon security. The text failed to deal in a fair and could resort only to the Council, said the United balanced manner with southern Lebanon’s Arab Emirates; the text reflected the reality in security problems, including security of the southern Lebanon stemming from repeated Israeli Lebanon-Israel border, and ignored the fact that acts of aggression. there had been rocket attacks on Israeli territory It was not Lebanon’s internal tragedy that was launched from Lebanese soil, as well as violence its concern, Israel stressed, but that no one in Leb- in southern Lebanon. anon was able to control cross-border violence While the text had been improved considerably launched at Israel for over a decade. through the revisions, said Australia, it lacked cer- Opening the debate, Lebanon gave its account tain elements from earlier Council resolutions and of incidents between 29 December 1985 and 7 did not take full account of all recent acts on the January 1986 which, it said, illustrated a deliberate Lebanon-Israel border. escalation of Israeli aggression. On 30 December In Denmark’s opinion, the draft did not fully 1985, an SLAODF force had entered the village of guarantee effective implementation of the Coun- Kounin, destroying several houses and commer- cil’s peace-keeping undertakings; the Council must cial stores and burning a number of vehicles. ponder on what action might be taken to further Several hundred people fled their homes and some implementation of its resolutions on UNIFIL and 30 people were detained. If the Council did not to bring peace and normality to southern act, Lebanon warned, that inability would be used Lebanon. as a direct reason by Israel for continuing to ig- The United Kingdom believed that the Coun- nore the Council and its resolutions and for per- cil should not restrict itself to condemning those sisting in its policy and practices. at fault on both sides of the frontier, but should Like the rest of south Lebanon, Kounin had try to take a constructive view of the situation been turned into a battle zone by terrorists, Israel through the use of the Force already in existence; said; reports that IDF or SLA had expelled the it was up to the Council to support the Force. villagers were fabrication. On 30 December, an France said the text basically met its concerns, SLA patrol composed of villagers in that area had since it reaffirmed the basic Council resolutions been ambushed near Kounin; two of its members and reiterated the importance of respect for Leb- were killed. The attackers were traced to Kounin, anon’s sovereignty, independence, unity and ter- where it was found that the men of the village had ritorial integrity. fled, fearing they would be held responsible for the The USSR felt that the text did not put enough killings. Not one of them had been expelled, hurt pressure on Israel, particularly in that there was or killed, and they were free to return to the village no call for sanctions under Chapter VII of the any time they wished. Preventing the use of the United Nations Charter; it was the Council’s duty south as a base for attacks against it remained to ensure implementation of its decisions demand- Israel’s sole interest. A serious dialogue between ing Israel’s withdrawal, which was the only key to the parties was needed to enable the people on the solution of the Lebanese problem. both sides of the border to live in peace; until Leb- Bulgaria spoke similarly, adding that the solu- anon freed itself from Syrian shackles, Israel would tion of Lebanon’s problems was possible only on continue to do what was necessary to protect its the basis of respecting its unity, independence, sov- security and the lives of its citizens. ereignty and territorial integrity. Israel’s recent aggression against Lebanon, In Saudi Arabia’s opinion, the draft represented alleged the Syrian Arab Republic, coincided with the minimum called for by the situation and less the signing of the 28 December 1985 Damascus than the minimum in the light of the commitments agreement containing a draft national solution for that all had assumed and the positions they had the Lebanese crisis; Israel regarded that agreement reiterated. Lebanon was the victim of aggression as a great defeat because it undermined its policy that was not even denied by the aggressor; if the designed to continue fragmenting Lebanon by fan- Council failed to shoulder its responsibilities, it ning the flames of civil war. Israel was trying to must bear responsibility for the consequent create another West Bank in order to pursue its deterioration of the situation. expansionist policies and create small sectarian Lebanon, responding to the objection that the States, in addition to diverting the waters in south draft was not balanced, explained that to condemn Lebanon for the use of Israeli settlements; it tried or deplore all acts of violence would put the ag- to entrench and perpetuate its military presence gressor on an equal footing with the national re- in Lebanon and the myth of the security belt was sistance movement. only a means to increase tension, in particular in 288 Political and security questions

the southern part. The Council must adopt the of IDF, which were contrary to Council resolu- necessary measures for implementing its earlier tions, did not provide Israel with the security it resolutions calling for immediate cessation of all sought for its northern settlements, Denmark felt; military activities in Lebanon and withdrawal of the best option available continued to be the ef- Israeli forces to the internationally recognized fective implementation of the mandate of UNIFIL. boundaries. Also, the Council could impose sanc- A full solution to border violence between the tions. As long as United Nations forces could not two countries was going to require mutual respect fulfil their role of helping extend Lebanon’s sov- for the security of each country within its inter- ereignty up to the international border, its people nationally recognized borders, the United had no choice but to carry on the struggle against Kingdom said; both sides must act sternly against foreign occupation terrorists and desist from practices which adversely The Libyan Arab Jamahiriya said the “Zionist affected the population on either side. To achieve entity” wanted to strip Lebanon of its Arab that, Israel should withdraw totally and cease sup- character and force it to abandon all Arab com- porting the irregular forces, while at the same time mitments; it had established Lebanese militias UNIFIL would be able to fulfil its mandate through subservient to it to destabilize Lebanon and fo- effective deployment. ment sedition and was deliberately precipitating Morocco, too, called for Israel to withdraw. The clashes among members of the same people to im- reason for the deteriorating situation in southern pede the comprehensive national reconciliation Lebanon was Israel’s refusal to do so, its insistence achieved by the parties concerned. on its “security zone”, its refusal to allow UNIFIL’s Israel’s “iron-fist” policy announced in March deployment and the arming of illegitimate col- 1985 had turned into a systematic mass repression laborators. By escalating terror, Israel was trying of the population of southern Lebanon, the USSR to entrench instability in Lebanon so that later it thought. With regard to the UNIFIL forces, they might justify its occupation and have the last word were not only subjected to systematic armed pro- in any initiative aimed at rapprochement between the vocations, but had recently become the object of parties to the conflict. a vicious campaign with the purpose of disorganiz- The Council should truly discharge its respon- ing them and compelling them to leave Lebanon. sibilities for maintaining international peace and The acts attributable to Israel represented security and adopt the following measures, China obstacles to peace and contributed to the worsen- said: condemn the Israeli invasion and occupation ing of an already tense situation not only in south- of southern Lebanon and its bullying of civilians; ern Lebanon but in the entire Middle East, the insist on immediate implementation of the Coun- Congo felt; in order to reduce the tension, the cil’s resolutions; demand Israel’s immediate and Council must adopt a firm position, the only possi- unconditional withdrawal; demand the dismantl- ble position compatible with strict respect for Leb- ing of the “security zone”, which was in fact a State anon’s sovereignty, integrity and unity. within a State, and the dissolution of SLA; and ask Speaking in like manner, Madagascar believed Israel strictly to respect Lebanon’s sovereignty and that it was no accident that Israel had decided to territorial integrity. fan the flames of tension and support an element of agitation and disturbance intended to thwart re- Palestinian refugees in Lebanon establishment of the Lebanese State in its full sov- Communications (April-June). From April to ereignty and unity. June, several communications were sent to the Qatar hoped that the Council would respond Secretary-General, urging him to try to protect the unanimously to Lebanon’s modest requests which, Palestinian refugees living in camps in Lebanon. it felt, merely reaffirmed former Council resolu- PLO’s communications were transmitted either by tions and provisions of international law; in addi- the respective monthly Chairman of the Arab tion, Qatar believed, new elements should be in- Group or by other Arab States. cluded that would ensure the effectiveness of the On 7 Apri1,(38) PLO stated that, for the twelfth resolution to be adopted. consecutive day, armed militias had attacked the There was only one road to peace in Lebanon, Palestinian refugee camps of Sabra and Shatila Bulgaria believed, as outlined in the Council’s 1982 and Burj el-Barajneh in Beirut; during the resolutions.(37) previous nine months, hundreds of Palestinians The United States emphasized anew its com- had been killed or wounded in such attacks. Also mitment to Lebanon’s sovereignty, territorial in- on 7 Apri1,(39) PLO charged that, for the second tegrity and independence, although, it said, it time in 10 days, Israeli aircraft had attacked civil- might differ from other Members on how best to ian targets in Lebanon. On that day, they attacked bring about those goals. the Sidon area and bombed the camps of Ein el- Recent developments demonstrated that the so- Helweh, Mieh Mieh and the surrounding area. called security zone and the continued presence A large number of Palestinian and Lebanese Middle East 289 civilians were killed or wounded; among them exercise utmost restraint and to renew their efforts to were three little children in serious condition. end the present bloodshed.” Under the pretext of seeking out PLO fighters re- Further communications (June-December). turning to Lebanon, Israel had embarked again Further charges of attacks on the refugee camps on its plan for a final solution to the Palestinian were received by the Secretary-General or the problem through genocide. President of the Security Council. Most asked for Attacks on camps in Beirut by Amal militia and United Nations assistance to end the attacks and the sixth brigade of the Lebanese army were re- protect the camps’ occupants. ported in a 2 June PLO letter.(40) The attacks had On 11 June,(43) PLO thanked the Council Presi- intensified since 16 May, PLO charged, and on 23 dent for his statement. As a result of the efforts May the camps were surrounded and heavily bom- of the Special Envoy of the President of Algeria, barded with all kinds of weapons, including tanks. of Lebanese religious authorities and national On 30 May, the attacks became so severe that the leaders, and of the endeavours of Iran, PLO said, camps were totally isolated, with the Palestinians a cease-fire agreement had been reached, but unable to evacuate the wounded or to receive food Amal gangs and the Lebanese army continued in- or medical supplies. The camps were attacked again discriminate shelling of the camps in an attempt on 2 June. All institutions and schools in the camps to break into them, resulting in the death of many were shut down, and the International Commit- innocent people. PLO again requested that the tee of the Red Cross (ICRC) was unable to enter United Nations use the Observer Group in Leba- to evacuate the wounded and provide medical help. non and deploy UNIFIL to protect the Group. Palestinian casualties were 25 killed and more than On a 13 June,(44) the Chairman of the Com- 200 wounded. There were 1,000 displaced Pales- mittee on Palestinian rights again expressed the tinians from the Shatila camp; they had temporarily Committee’s grave concern at the persistence and sought refuge in the Mar Elias camp. intensification of the attacks against Palestinians On 5 June,(41) the Chairman of the Committee in the Sabra, Shatila and Burj el-Barajneh camps, on Palestinian rights expressed grave concern over despite the 6 June appeal. He reaffirmed that the the renewed attacks. The Committee was par- United Nations, particularly the Security Coun- ticularly distressed to learn that, although UNRWA cil, had the responsibility to guarantee the had provided some emergency relief to those who refugees’ safety and he requested the Secretary- had fled the camps, neither it nor ICRC had been General to take urgent action. permitted to enter them to evacuate the wounded On 30 June,(45) the Netherlands forwarded a and provide medical help. Continued failure to ar- declaration adopted by the Foreign Ministers of rive at a just solution to the Palestine question the 12 EC members at The Hague on 27 June, ex- could only lead to spiralling violence, with un- pressing deep concern about the situation and en- foreseeable consequences for international peace dorsing the appeals by the Council and the and security. Secretary-General to all concerned to exercise re- straint, end the bloodshed and facilitate the work SECURITY COUNCIL ACTION (June) of ICRC and UNRWA. Following consultations, the President of the On 16 July,(46) PLO stated that on 10 July Security Council issued on 6 June the following Israel’s air force had carried out several sorties statement on behalf of the Council members;(42) against the Ein el-Helweh camp in southern Leb- anon, resulting in several children and adults being “The members of the Security Council are gravely killed or injured. It charged that, for the previous concerned at the continuing intensification-of the two weeks, Sidon and Tyre had been besieged by fighting in Beirut, especially in and around the Pal- Israeli naval vessels and that an Israeli attack by estinian refugee camps, with its high toll of casualties and material destruction. sea and by land against refugee camps in the area “The members of the Security Council appeal to was imminent. On 14 July, Palestinians near all concerned to use their influence in bringing about Beirut had come under attack from the Israeli air the cessation of the fighting in order to enable the force and civilians were killed or injured. In both United Nations Relief and Works Agency for Palestine attacks, there had been massive property damage. Refugees in the Near East as well as other On 13 August,(47) PLO said that, for the second humanitarian organizations to mount emergency time in two days and the fourth time in a month, operations for the benefit of the populations con- Israel’s air force had attacked the refugee camps, cerned, including the Palestinian refugees towards whom the international community has a particular killing and wounding many civilians, including responsibility. children, and causing extensive material damage. “They reaffirm that the sovereignty, independence On 11 September,(48) PLO charged that on 10 and territorial integrity of Lebanon must be respected. September Israeli gunships escorted by F15 and “The members of the Security Council endorse the F16 aircraft and naval destroyers had attacked Pal- Secretary-General’s appeal to all parties concerned to estinian camps in southern Lebanon, firing bar- 290 Political and security questions

rages of rockets, particularly on Mieh Mieh, leav- SECURITY COUNCIL ACTION (December) ing three dead and several wounded, the casualties Following consultations, the President of the being mostly children and the elderly. Security Council issued on 2 December the follow- On 24 September,(49) PLO alleged that Israel ing statement on behalf of the Council had commenced massing huge military forces in members;(53) southern Lebanon, with two army battalions equipped with tanks and heavy artillery being “The members of the Security Council, mindful of the sovereignty, independence and territorial integrity newly deployed in addition to the so-called SLA; of Lebanon, express their serious concern at the cur- the Israeli plan was aimed against Palestinian rent escalation of violence there, affecting the civil- camps as well as Lebanese civilians. ian population in and around the Palestinian refugee In another letter, dated 26 September,(30) PLO camps. The members of the Council appeal to all con- charged that Israel had carried out on 25 cerned to exercise restraint in order to end these acts September an act of State terrorism, when six of violence. They also appeal to all concerned to take Israeli war-planes raided the Mieh Mieh refugee necessary measures to alleviate the suffering of the ci- camp, an attack that resulted in the death and in- vilian population. They urge all concerned to facilitate the efforts of various United Nations agencies, par- juries of a number of refugees and massive destruc- ticularly the United Nations Relief and Works Agency tion of residences. for Palestine Refugees in the Near East, as well as-non- On 16 October,(50) PLO said that on that day governmental organizations, to provide humanitarian Israeli jets had bombed the camps of Mieh Mieh, assistance.” Ein el-Helweh and Al-Fawwar, causing heavy casualties. Related resolution: GA 41/69 I. On 10 November,(51) the Chairman of the Committee on Palestinian rights expressed the UNRWA activities Committee’s grave concern at the persistence and The situation in Lebanon remained the most intensification of fighting in and around Palestin- serious operational problem facing UNRWA, the ian camps at Tyre, Beirut and Sidon. According Commissioner-General stated in his annual report to reports by UNRWA and the media, fighting had to the General Assembly.(54) Since July 1985, broken out on 30 September at El-Buss, Burj el- Palestine refugees had been affected by the con- Shemali and Rashadieh, near Tyre; the last two tinuing deterioration of the security situation, with had remained under siege for two weeks and many casualties. Hardly an area of Lebanon where Rashadieh had again been under attack since 20 refugees lived escaped the effects of lighting; those October. Refugees were unable to leave or enter who remained in the besieged camps faced death, and all, except El-Buss, remained inaccessible to injury and shortages of food, water and medical UNRWA staff. At Rashadieh, UNRWA had been supplies, and most suffered the loss of their homes unable to deliver food or medicines since the be- and property. Sporadic Israeli air raids also caused ginning of the fighting and thousands of women, death and destruction among refugees. children and old people were trapped in the cross- Agency operations in Lebanon were seriously fire. Fighting had also been reported at Burj el- affected and the safety of staff was a constant Barajneh in Beirut, as well as around the Ein el- source of concern. UNRWA was prevented from Helweh and Mieh Mieh camps near Sidon; Burj- bringing supplies into the camps or transporting el Barajneh had been surrounded and remained them along the roads and was advised that those inaccessible. Reiterating the Organization’s operations would be permitted only if it delivered responsibility to ensure the safety of those in the equal amounts of food and supplies for distribu- camps, the Chairman urged speedy action to end tion to the non-refugee population also affected by the suffering and hardships. the fighting. The difficulties faced in maintaining The non-aligned countries, at an urgent plenary services were at times almost insurmountable and meeting held on 8 December in New York,(52) threatened to bring operations to a halt. also expressed grave concern at the escalation of In spite of that, however, UNRWA in Lebanon fighting, called for an immediate cease-fire and ap- succeeded in keeping most of its installations open pealed to all concerned and to influential parties and normal services running, except when installa- to exercise utmost restraint and make all efforts tions were under fire, had been destroyed or when to end the violence; it also urged them to facilitate access to them was prevented by battle. Once an the provision of prompt medical care to the sick installation was damaged, UNRWA sought other and wounded (see also p. 324). accommodation or repaired the damage while, Lebanon charged Israel on 11 December(33) whenever possible, continuing to provide services with further airborne aggression, this time against through alternative facilities. the Nahr el-Bared camp in the northern suburbs In addition to regular operations, UNRWA pro- of the city of Tripoli, which it said left five people vided emergency assistance to some 48,000 dead and more than 12 wounded. refugees displaced during and immediately after Middle East 291 periods of heavy fighting; it also helped refugees possible with the arrival of additional international living in camps to repair their battle-damaged staff, were instituted. shelters. By the end of September 1986, the Sporadic fighting around the Beirut camps in- emergency operation that had begun as a result tensified after the siege of the camps in the south of the fighting in Beirut between May and July began and by mid-November both main camps in could be said to be over; UNRWA began to restore west Beirut were again the scenes of heavy fighting its normal health services and made good progress and were under siege. The situation was com- in repairing its damaged buildings and equipment. plicated by fighting involving Palestinians in the Schools opened on time, although attendance was Sidon area, which not only further interfered with low for the first few weeks at Burj el-Barajneh and regular services but also put the refugee popula- Shatila. tion increasingly in need of assistance. Those Soon, however, UNRWA was faced with the need developments made it necessary for UNRWA to ex- to mount another emergency relief operation, this tend its emergency relief operation to the grow- time in the Tyre area; tension between local mili- ing number of displaced refugees. tia forces and Palestinians around the Rashadieh camp led on 30 September to the outbreak of full- Peace-keeping operation scale fighting and the siege of the camp. Other camps in the area-Burj el-Shemali and El- UNIFIL activities Buss-also came under siege for a short time. As During 1986, the Security Council twice ex- in earlier operations, the immediate need was to tended the mandate of UNIFIL, in April and July, provide essential food and medicines to the for a three-month and a six-month period. For the besieged civilians and food and other assistance first time since its inception, the votes to extend to families that had fled to places of refuge the mandate were unanimous. In his report on the elsewhere (Sidon, Beirut, Tripoli and the Beqaa work of the Organization (see p. 3), the Secretary- Valley). Representations were made repeatedly to General said it was particularly important that, those in positions of authority in order to gain ac- at such a difficult time, the peace-keeping opera- cess to refugees remaining in the Tyre camps. The tions continued to receive the support of the Coun- siege of the Rashadieh camp, however, continued cil, particularly of all its permanent members. and UNRWA was denied access; only occasionally, Established by the Council in 1978,(12) follow- a few staff members on foot were admitted. The ing an Israeli invasion of Lebanon,(55) UNIFIL’S sieges of the two smaller camps, Burj el-Shemali terms of reference were to confirm the withdrawal and El-Buss, were soon lifted, but the camps re- of Israeli forces, to restore international peace and mained surrounded by armed militia which security and to assist the Lebanese Government discouraged any but the most essential movements in ensuring the return of its effective authority in out of the camps by the refugees. Women and the area. A second Israeli invasion, launched in children were able to bring in some supplies and June 1982,(56) radically altered the situation in most of UNRWA’s services (schools, health clinics which UNIFIL had to function. Following the in- and supplementary feeding centres) functioned vasion, the Council instructed the Force, as interim more or less normally. Nevertheless, the dangers tasks, to maintain its positions in its area of deploy- the refugees faced in procuring supplies and their ment and provide protection and humanitarian inability to move out of those two camps for assistance to the local population. employment convinced UNRWA that they were in The authorized strength of UNIFIL was 7,000, need of emergency relief; supplies were therefore but because of its reduced activities, it had some taken in from time to time, although not without 5,800 troops as of October 1986, provided by Fiji, difficulty. UNRWA also provided emergency Finland, France, Ghana, Ireland, Nepal, Norway assistance to the thousands of displaced refugees and Sweden. A group of observers from UNTSO who fled the Tyre camps. assisted the Force in the performance of its tasks. One of the main problems hampering the The Force was pursuing its duties under constant emergency relief operation in the south of Leba- and growing danger, the Secretary-General stated. non was that of transporting supplies from Beirut, On 1 April 1986,(57) Lebanon requested the as movement between east and west Beirut and Security Council to extend UNIFIL’S mandate, due within west Beirut was difficult and dangerous. to expire on 19 April, for a further six months. De- With the outbreak of fighting around the camps spite the current situation, Lebanon was convinced in the Tyre area, movement of staff and supplies that the Force continued to be an important fac- along the coastal road through Sidon to Tyre also tor for stability and the best available option for became subject to checks, attacks and hijacking, ensuring peace and security in the region. and soon became impossible. The result was that Report of the Secretary-General (April). The the operation in the south was limited to the sup- Secretary-General reported on UNIFIL’S activities plies already in place until special measures. made and on the situation in the UNIFIL area for the 292 Political and security questions period 11 October 1985 to 9 April 1986.(8) He it searched houses and shops at the request of their stated that Israel had continued to maintain in owners who feared that explosives might have been southern Lebanon a “security zone”, which was placed in them by IDF/SLA. The Force further pro- manned by the so-called SLA with the assistance vided food and water and other assistance to the of elements of IDF. Its boundaries had not been local population. defined but were in effect determined by the posi- Throughout the operation, UNIFIL maintained tions and the patrols of IDF and SLA. It embraced close contact with the Lebanese authorities in all the area adjacent to the international border Beirut and Lebanese local leaders in the south; it in which UNIFIL had previously been unable fully was also in touch with the Israeli military to exercise its functions (the “enclave”), parts of authorities and, on 18 February, the UNIFIL Com- the areas of deployment of the Nepalese, Irish, mander met the Israeli Chief of Staff and asked Ghanaian and Finnish battalions, the whole of the him to call off the operation. Israeli officials stated area of deployment of the Norwegian battalion and that their sole aim was to find the captured soldiers extensive areas to the north of the UNIFIL area of and that they had no intention of expanding IDF deployment. Within the UNIFIL area, IDF and SLA deployment in Lebanon or using the operation for currently maintained 15 positions and, where the other purposes. UNIFIL area overlapped the security zone, IDF/SLA On 20 February, the Secretary-General, after personnel imposed restrictions on the Force’s summoning Israel’s Permanent Representative to movement and deployment similar to those in the the United Nations, issued a statement saying that enclave. he understood Israel’s concern about the two During the review period, the Secretary-General soldiers but that such incidents were bound to stated, the UNIFIL area outside the security zone occur as long as Israel maintained a security zone remained relatively quiet, but within that zone the and a military presence in Lebanon. The situation continued to be very tense. Armed re- Secretary-General urged Israel to withdraw its sistance groups continued to launch frequent at- forces and exercise maximum restraint vis-à-vis the tacks against IDF and SLA, which carried out a civilian population. IDF called off its operation on number of search operations. Since the end of 22 February and withdrew its forces from the 1985, the situation had deteriorated further, with UNIFIL area of deployment, leaving one armoured more violent incidents and more casualties. One company near Kounin. major incident occurred on 17 February 1986, Following the operation, UNIFIL received reports when two vehicles transporting IDF/SLA person- of an increase in incidents in the border area. On nel were ambushed by unidentified armed 26 February, an IDF patrol was ambushed by elements near the village of Kounin in the border unidentified armed elements south of Jabal Basil area between the Irish battalion sector and the and an Israeli soldier was reportedly killed. On 1 enclave; two persons believed to be Lebanese were March, armed elements were intercepted by IDF killed and two Israeli soldiers were abducted. after crossing the border into Israel. On 6 March, Following the incident, an Israeli force of about two explosions near Bint Jubayl reportedly killed three mechanized battalions accompanied by SLA an SLA member and injured several others. In the members and supported by tanks and helicopter afternoon, some 160 artillery, tank and mortar rounds troop-carriers and gunships carried out cordon were fired from positions in the security zone at and search operations in the UNIFIL area from 17 14 villages in the UNIFIL area and at Tyre; one per- to 22 February. UNIFIL reported that six persons, son was killed and several others injured, and two including one IDF soldier, were killed in the opera- schools and 29 houses were damaged. The in- tions, 10 were wounded and about 140 others were discriminate shelling was strongly protested by taken prisoner by IDF/SLA; approximately 60 of UNIFIL to the Israeli authorities. On the night of them remained under detention. 8/9 March, a confrontation took place between IDF During the operation, UNIFIL monitored the and armed elements south of Zibqin, and an Israeli situation as closely as possible and tried to pre- soldier was reported killed and several others vent violence against the local population; it wounded. On 27 March, Katyusha rockets were observed some cases of what appeared to be unac- fired across the border at the town of Qiryat ceptable treatment of prisoners by IDF/SLA. The Shemona, reportedly injuring six people. Later that UNIFIL reports of those incidents were transmit- day and again on 7 April, Israeli aircraft bombed ted immediately to the Israeli authorities; in its areas inhabited by Palestinians near Sidon. On 8 reply, Israel stated that IDF had received clear in- April, a car bomb detonated in the Norwegian bat- structions on how to behave towards the local ci- talion sector reportedly killed the driver and two vilian population and follow-up investigations had local civilians and injured four SLA personnel and found no deviation from those instructions. two other civilians. UNIFIL also protested to the Israeli authorities all UNIFIL continued trying to control movement incidents of indiscriminate firing; in several cases, in its area and to prevent persons carrying arms Middle East 293 from entering; attempts by armed elements to do again in January and occurred frequently in so increased during periods of tension and were February; all such incidents were protested to the particularly frequent during the IDF operation in Israeli authorities. February. Confrontations also occurred when Over the years, IDF had built a number of for- UNIFIL denied passage to armed personnel tified positions on the Lebanese side of the bor- through its check-points; a serious incident hap- der and continued to improve them, building con- pened on 28 January when four men in a car were necting roads protected by fences and in some stopped at a check-point east of Jwayya, after try- areas also by minefields. UNIFIL reported that de- ing to force their way through. Within minutes, velopment to the Lebanese authorities and also some 40 armed men arrived and one placed his raised it with Israel. gun against the head of the soldier in charge of In extending assistance to the local population, the check-point; in defence of his comrade, another UNIFIL continued to co-operate with the Lebanese soldier fired one shot, wounding the gunman in authorities, as well as with UNRWA, UNICEF and the leg. Subsequently, more than 100 armed men ICRC. In some locations, UNIFIL escorted farmers threatened UNIFIL personnel in Jwayya, and in so that they could tend their fields without being another village some 40 armed men tried to take fired at from nearby security zone positions. A sig- a UNIFIL platoon leader hostage. The situation nificant number of Lebanese were treated at was defused after contacts with local Amal leaders. UNIFIL medical centres. Incidents at UNIFIL check-points also increased In January, Brian E. Urquhart, Under- after the February IDF operation and, on 23 Secretary-General for Special Political Affairs, March, an Irish soldier was wounded north of visited UNIFIL headquarters and held discussions Tibnin. with government officials in the region. After his Further serious incidents occurred in the Fijian retirement in February, his successor, Marrack I. and Ghanaian battalion sectors. On 28 March, a Goulding, visited the Middle East in March, tour- temporary Fijian check-point near the village of ing UNIFIL’S area of deployment and holding ex- As Siddiqin was attacked by elements using rocket- tensive talks with Lebanese and Israeli officials, propelled grenades and small-arms fire. A Fijian as well as with other interested parties. soldier was injured and died the following day. The Secretary-General stated that UNIFIL Earlier on 28 March, in an unrelated incident, casualties from gunfire during the mandate period armed elements had established a check-point near up to 7 April had been three dead and 15 the village of Kafr Dunin in the Ghanaian bat- wounded, compared with one dead and three talion sector and an attempt to have it removed wounded in the preceding mandate period. That resulted in an exchange of fire, during which one deterioration was accompanied by a severe finan- armed element was shot and a Ghanaian soldier cial crisis which, in his view, could itself threaten was injured. Early on 29 March, two civilian cars the Force’s future. with eight armed elements were denied passage One of the tasks laid upon UNIFIL by the Coun- through a Ghanaian check-point near Majdal cil in 1978(12) was the restoration of international Silm. An hour later, those in one of the cars came peace and security, the Secretary-General said. to another Ghanaian check-point and threatened That mandate would not be fulfilled unless the its personnel; shots were fired by both sides and security of both Lebanon and Israel was assured. one Ghanaian soldier was hit and died later. At Israel had a legitimate concern over the security about the same time, three other Ghanaian posi- of its northern border, across which it had been tions were fired upon and a Nepalese vehicle, and still was being subjected to attack. The which happened to be passing near one position, security zone, however, was neither a legitimate was caught in the fire and two Nepalese soldiers nor an effective means of meeting Israel’s con- were wounded. The same morning, a Ghanaian cerns. It was not legitimate because it contravened battalion supply vehicle with three soldiers was the Council’s 1978 resolution(12) and it was not ef- fired on at the village of Khirbat Silm, and one fective because the continuing occupation by IDF soldier was wounded. of Lebanese territory and the often brutal Following those incidents, the UNIFIL Com- behaviour of SLA built up resentment of Israel mander and his senior staff contacted the Amal among the local population and encouraged use leadership both at Beirut and in the south to defuse of the area as a base for attacking Israel. the situation, which to date remained calm. The Secretary-General believed that Israel’s in- UNIFIL also continued its efforts to contain SLA terests would be advanced if it completed the activities in its area; SLA movement within the withdrawal of its forces and allowed UNIFIL to de- UNIFIL area was largely confined to participation ploy to the international frontier, thus permitting in IDF-led operations, although SLA continued to the Lebanese Government to begin re-establishing man a number of fixed positions. Incidents of fir- its authority in the area, with UNIFIL assistance. ing close to UNIFIL positions by SLA increased The restoration of international peace and security 294 Political and security questions would also be facilitated by discussions, under Lebanese Government’s effective authority in the United Nations auspices, between Israel and Leb- area. As long as that possibility existed, he con- anon concerning problems that might arise on cluded that it would be wrong for the Council to their common border. If the parties were not withdraw the Force; such withdrawal would also prepared to discuss those problems based on the remove the humanitarian help UNIFIL gave to the 1949 Israel-Lebanon General Armistice Agree- area’s inhabitants by protecting them from the ment(58) or to resume the talks ad- worst consequences of the hostilities. Therefore, journed in January 1985,(56) the Secretary- he recommended that the Council extend General declared his readiness to assist in setting UNIFIL’S mandate for another six months. up acceptable arrangements. The Secretary-General stressed that it would not He had repeatedly made those arguments to be enough simply to renew the mandate. The Israel, but it had argued that currently the Leba- Council and all its members must make a deter- nese Government did not exercise effective political mined effort to fulfil a condition identified in 1978 and military authority in the area and that as being essential for the Force to be effective- UNIFIL, being a peace-keeping force, was not that UNIFIL must have at all times the Council’s mandated to assume the functions of a central full confidence and backing. In this regard, the government and take the forceful action necessary Secretary-General appealed to all Member States to control cross-border attacks. Israel stated that to give the Force full political backing and meet it was neither for nor against UNIFIL’s presence, their assessed share of its cost. but it would not agree to its deployment to the in- ternational frontier in the prevailing cir- SECURITY COUNCIL ACTION (April) cumstances. The Secretary-General nevertheless The Security Council met on 18 April 1986 to continued to hope that Israel would eventually see consider the Secretary-General’s report. At its re- the virtues of allowing UNIFIL to carry out its quest, Lebanon was invited to participate without mandate. the right to vote. Meanwhile, those Member States contributing The Council adopted resolution 583(1986) troops to UNIFIL had become increasingly worried unanimously about its being prevented from fully carrying out its mandate and about the security of their per- The Security Council, sonnel who ran the risk of becoming involved in Recalling its resolutions 425(1978), 426(1978), the increasing hostilities. The troop contributors 501(1982), 508(1982), 509(1982) and 520(1982), as well also had to bear the consequences of UNIFIL’S as all its resolutions on the situation in Lebanon, financial crisis. If the recent decision of the United Having studied the report of the Secretary-General on the United Nations Interim Force in Lebanon of 9 April States to withhold its contribution after the end 1986, and taking note of the observations expressed of the current mandate period was implemented, therein, there would be a further drastic cut in reim- Taking note of the letter of the Permanent Represen- bursements to troop contributors. tative of Lebanon addressed to the Secretary-General The Secretary-General stated that UNIFIL’ S of 1 April 1986, future had been called into question by the recent Responding to the request of the Government of developments, causing him to consider carefully Lebanon, whether-in view of the Force being prevented 1. Decides to extend the present mandate of the from fulfilling its mandate and the lack of adequate United Nations Interim Force in Lebanon for a further interim period of three months, that is, until 19 July financing—he should recommend that UNIFIL be 1986; withdrawn. However, he had concluded that such 2. Reiterates its strong support for the territorial in- a recommendation would be a mistake and that tegrity, sovereignty and independence of Lebanon within the maintenance of international peace and its internationally recognized boundaries; security required that its mandate be extended. 3. Re-emphasizes the terms of reference and general If UNIFIL were withdrawn, there would be an im- guidelines of the Force as stated in the report of the mediate escalation of fighting in southern Leba- Secretary-General of 19 March 1978, approved by non, including fighting for control of positions cur- resolution 426(1978), and calls upon all parties concerned rently occupied by UNIFIL, which would probably to co-operate fully with the Force for the full implemen- lead to an increase in attacks against Israel and tation of its mandate; to an escalation of Israeli military action against 4. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), Lebanon, resulting in a further major crisis. More 426(1978) and all other relevant resolutions; positively, the Secretary-General believed that 5. Requests the Secretary-General to continue con- UNIFIL’S mandate remained fulfillable and that sultations with the Government of Lebanon and other deployment of the Force to the international fron- parties directly concerned on the implementation of the tier was the best available way of restoring inter- present resolution and to report to the Council thereon national peace and security and of ensuring the by 19 June 1986. Middle East 295

Security Council resolution 583(1986) to do anything to withdraw it, as the alternative 18 April 1986 Meeting 2681 Adopted unanimously to its presence would be chaos and escalated violence. Draft prepared in consultations among Council members (S/18019). Lebanon, recalling the Secretary-General’s sup- port for a six-month extension, said it had no de- The USSR shared Lebanon’s opinion about the sire to make the mandate permanent or routinely need to retain UNIFIL’S presence which, it said, prolong it, but six months was essential for the acted as a decisive factor impeding implementa- Council to be able to consider the measures tion of Israel’s aggressive plans in respect of southern necessary to implement its 1978 resolutions.(59) Lebanon. The USSR also declared it would hence- The Council must act seriously and swiftly in the forth take part in the Force’s financing, but that extension period, since UNIFIL’s success would decision should not be regarded as having retroactive benefit the Council and peace-keeping efforts. effect as recognition of indebtedness for past years; UNIFIL’S failure would be a disaster for southern further, UNIFIL’S presence was temporary and Lebanon and the whole region. should in no way be used as a means of freezing Report of the Secretary-General (June). On the situation in the interests of the Israeli aggressor. 17 June 1986,(60) the Secretary-General reported In the opinion of the United States, UNIFIL had on the situation in the UNIFIL area from 10 April. made an important contribution to efforts to bring In some parts of that area and of the security zone stability to southern Lebanon and its disbandment maintained by Israel the number of violent in- would be imprudent; progress towards achieving cidents had declined, while in others the level of agreed-on security arrangements could be en- hostilities had stayed the same or increased. Dur- hanced by continuing its mission. ing the reporting period, there were 61 attacks by Although stressing its commitment to UNIFIL, armed resistance groups against IDF and SLA per- France could no longer accept a virtually sonnel and positions. Attacks were also reported automatic renewal of the mandate for six months, in parts of the security zone outside the UNIFIL believing that the Council should see to it that all area. IDF and SLA personnel fired frequently from the countries concerned shouldered their respon- positions in the security zone, directing fire in a sibilities; in order to induce them to do so, it had number of cases at civilians travelling along roads proposed a shorter mandate. or working in fields. Between 10 May and 9 June, The United Kingdom agreed that the extension five civilians were killed and four were wounded should not be automatic, although it had been during such incidents. ready to support Lebanon’s request for a six- A major trouble spot was the SLA position month extension. It did not accept, however, that north-east of Yatar; because of frequent firing from the presence of the Force should be only tem- that position, villagers travelling to and from Yatar porary, if that meant that it might be withdrawn could move only under UNIFIL escort, and farmers before its mandate had been achieved. were often harassed when working in the fields. Australia, also acknowledging that UNIFIL’s One woman was wounded on 21 April and another mandate should not be renewed automatically, on 24 May. On 25 May, SLA fired eight tank said the interests of regional peace would be bet- rounds from that position towards Yatar and ter served by UNIFIL’S deployment in accordance Kafra; one man was killed in the mosque at Yatar with its mandate; there was a need to end the dif- and six others were wounded. On 15 June, three ficulties complicating the Force’s task-if they were more civilians were wounded at Haris and Had- simply side-stepped, troop contributors could con- dathah. The SLA position near Yatar was attacked clude that international support was not fully by armed elements on 12 occasions during the re- forthcoming and the Force’s future would be in porting period, and on 14 and 15 June bombs ex- further jeopardy. ploded on the track leading to the position, kill- For Denmark, UNIFIL’s current situation was ing one SLA member and wounding three others. not acceptable; unless a solution was found UNIFIL continued its efforts to control move- quickly, the cycle of violence was likely to intensify. ment by armed persons in its area of deployment Bulgaria believed that Israel should immediately and to prevent such persons from entering it. The discontinue its occupation of southern Lebanon population in the area largely co-operated with the and comply with the Council’s resolutions, since Force; however, on 24 May, armed elements at- only then would it be possible for UNIFIL to im- tacked a UNIFIL night patrol travelling in an ar- plement its mandate unimpeded. At the same moured personnel-carrier between Abbasiyah and time, Bulgaria affirmed its position that UNIFIL’S Dayr Qanun An Nahr. UNIFIL also continued try- presence was only temporary and should not be ing to contain SLA activities in its area and, dur- used to perpetuate the occupation of southern Leb- ing the reporting period, attempts by SLA to enter anon by Israel. decreased-except in the Kafra-Yatar area-and Despite the numerous problems facing the Force, there were frequent incidents of firing close to Ghana thought it would be ill-advised at the time UNIFIL positions and vehicles by SLA. 296 Political and security questions

A UNIFIL helicopter was hit on 20 May by a General Armistice Agreement(58) was adequate to rifle round fired by an unidentified person north- ensure security between Israel and Lebanon. They east of Tyre, damaging a fuel tank which forced added that those forces in Lebanon which were it to make an emergency landing. combating Israel’s continuing military presence On 14 April, France informed the Secretary- there would achieve their objective once that pres- General that it had decided to withdraw its logistic ence was ended and that they strongly opposed a component and offer in its place a second infan- return to the situation that had existed in the area try battalion; following further consultations, before 1982. The Syrian authorities told the mis- France decided to withdraw only the supply, sion that they supported this latter view. transport and engineer companies (less the bomb Israel, for its part, reaffirmed that it was not its disposal element) from its logistic component, a intention to maintain a military presence in Leb- total of 334 men. The Secretary-General said he anon indefinitely, that it had no territorial designs was seeking to obtain replacements and to ensure there and that its only concern was the security that the hand-over was completed in accordance of northern Israel. In its view, UNIFIL under its with France’s wish that the withdrawal be com- current mandate did not have the capability to pre- pleted by the beginning of October. vent hostile acts against northern Israel and, given In addition to its other tasks, the French the lack of the Lebanese Government’s authority engineer company demolished 11 roadside bombs, in the southern part of the country, Israel had no 20 Katyusha rockets and a number of other ex- alternative but to make its own security ar- plosives discovered by UNIFIL patrols or local in- rangements by means of the security zone and its habitants. alliance with SLA. In those circumstances, Israel What remained clear, the Secretary-General was not prepared to allow UNIFIL to deploy to the stated, was that the continuing IDF presence was border; nevertheless, it was willing to consider not the answer to the problem of peace and alternative arrangements if those would be at least security in the area, but on the contrary escalated as effective as the security zone in protecting the level of violence. According to IDF figures northern Israel. Israel also said that IDF activity issued on 9 June, there had been over 1,100 attacks north of the international frontier would be against IDF and SLA during the past 12 months; reduced in response to any reduction in hostile ac- over 500 rocket attacks had been launched, 46 of tivities against Israel. which had reached Israel; and numerous attempts The positions of the parties were far apart, the had been made to infiltrate into Israel, three of Secretary-General concluded, with Lebanon de- which succeeded in reaching the international manding Israel’s immediate withdrawal and frontier. Those figures, he added, confirmed his stating that it would not permit a return to the judgement expressed in earlier reports that Israel’s situation before 1982 when Lebanese territory was continuing military presence in southern Lebanon used for attacks against Israel, and Israel demand- was self-defeating and that the right way to restore ing a cessation of attacks against its forces in Leb- peace and security was for IDF to withdraw and anon before it would withdraw them. There were for UNIFIL to be allowed to carry out its mandate also wide divergences of view between all con- as set out in resolution 425(1978).(12) cerned about what would happen to SLA after The Secretary-General said he had redoubled Israel’s withdrawal. The task of trying to bridge his efforts to achieve progress towards full im- that very wide gap between the parties was fur- plementation of that resolution and had twice sent ther complicated by Lebanon’s current tragic dif- Under-Secretary-General Goulding and the Direc- ficulties and by the declared intention of some tor in that Office to the area, from 25 April to 1 armed groups operating in Lebanon to use Leba- May and again from 25 May to 3 June; they had nese territory as a basis for pursuing hostilities discussions with government leaders in Israel and against Israel. Lebanon, and visited the Syrian Arab Republic The Secretary-General felt that prospects for during their second mission. Their instructions rapid progress towards implementation of resolu- were to convey to Israel the insistent wish of the tion 425(1978) were not good, but that it was essen- Security Council that resolution 425(1978) be im- tial for the international community to continue plemented without further delay, and to explore working towards that end. The three elements in with those Governments how in practice progress UNIFIL’S mandate-withdrawal of Israeli forces, could be made towards that end. restoration of international peace and security, and The Lebanese authorities said they continued return of the Lebanese Government’s effective to attach great importance to implementing the authority in the area-were so obviously in the in- resolution and maintaining UNIFIL. They insisted terests of both countries that all concerned should that Israel withdraw its remaining forces im- continue to work for a solution on that basis. mediately, that it abandon its security zone and UNIFIL would be an essential part of any such that SLA be disbanded. They stated that the 1949 solution; moreover, it continued to be critical for Middle East 297 stability in southern Lebanon, where it was seen July,(62) together with a request that the Force as a symbol of the legitimacy of the Lebanese Govern- again be extended for six months-that UNIFIL re- ment. If it were to be withdrawn, a vacuum would mained indispensable for stability in southern be created and the ensuing competition to fill that Lebanon; he continued to believe that the inter- vacuum would inevitably lead to uncontrolled national community must maintain the effort to violence, the Secretary-General warned, with great put into effect the solution decided on in resolu- detriment to the welfare of the civilian inhabitants. tion 425(1978). Therefore he recommended a fur- As a result of the consultations held during the ther six-month extension of the mandate, taking previous two months with Lebanon and Israel, the into account the administrative difficulties Secretary-General concluded that, subject to the resulting from a mandate period of less than six Council’s deciding to renew UNIFIL'S mandate, months. the United Nations should pursue negotiations with them in order to establish agreement on prac- SECURITY COUNCIL ACTION (July) tical measures for UNIFIL to fulfil its mandate. On 18 July 1986, the Security Council met to There would be a need for sustained United Na- consider the Secretary-General’s June and July tions effort and the full co-operation of the par- reports, inviting Israel and Lebanon, at their re- ties concerned, as well as for the full confidence quest, to participate in the discussion without the and backing of the Security Council and the troop- right to vote. contributing countries; those remained the essen- The Council adopted resolution 586(1986) tial conditions for UNIFIL to be able to fulfil its unanimously. mandate and achieve the objectives set in 1978. The Security Council, As before, UNIFIL continued to co-operate with Recalling its resolutions 425(1978), 426(1978), the Lebanese authorities and relief agencies and 501(1982), 508(1982), 509(1982) and 520(1982), as well to assist the local population. as all its resolutions on the situation in Lebanon, Report of the Secretary-General (July). On 10 Having studied the report of the Secretary-General on July, (61) the Secretary-General reported that the the United Nations Interim Force in Lebanon of 17 June situation in the UNIFIL area had remained essen- and 10 July 1986 and taking note of the observations tially unchanged. Tension persisted in the security expressed therein, zone as Lebanese resistance groups continued at- Taking note of the letter of the Permanent Represen- tative of Lebanon addressed to the Secretary-General tacks against IDF and SLA, UNIFIL recording 27 of 7 July 1986, such attacks since mid-June. There were also Responding to the request of the Government of reports of attacks in those parts of the zone where Lebanon, UNIFIL was not fully deployed. In its area, the 1. Decides to extend the present mandate of the Force continued its efforts to prevent incidents and United Nations Interim Force in Lebanon for a further reduce the level of violence and to protect and interim period of six months, that is, until 19 January assist civilian inhabitants. The SLA position east 1987; of Yatar remained a major trouble spot and was 2. Reiterates its strong support for the territorial in- attacked live times during the reporting period by tegrity, sovereignty and independence of Lebanon within its internationally recognized boundaries; armed elements. Firing from the position 3. Re-empharizes the terms of reference and general repeatedly forced the closure of the east-west road guidelines of the Force as stated in the report of the through Haris, an important line of communica- Secretary-General of 19 March 1978, approved by tion for UNIFIL. resolution 426(1978), and calls upon all parties concerned On 21 June, an unidentified person shot a to co-operate fully with the Force for the full implemen- Nepalese sentry at a UNIFIL post in Yatar, wound- tation of its mandate; ing him seriously in the chest. On 23 June, two 4. Reiterates that the Force should fully implement its mandate as defined in resolutions 425(1978), UNTSO military observers received light injuries when their vehicle set off a mine on the track 426(1978) and all other relevant resolutions; 5. Requests the Secretary-General to continue con- leading to the SLA position east of Yatar. During sultations with the Government of Lebanon and other the night of 9/10 July, in the vicinity of the UNIFIL parties directly concerned on the implementation of the headquarters at Naqoura, an exchange of fire took present resolution and to report to the Security Coun- place near the border crossing at Rosh Haniqra, cil thereon. involving an Israeli patrol boat, IDF personnel sta- Security Council resolution 586(1986) tioned on shore and a group of armed infiltrators 18 July 1986 Meeting 2699 Adopted unanimously reported to have come ashore in a rubber dinghy. Draft prepared in consultations among Council members (S/18226). It was reported that all four infiltrators were killed and that two IDF members were killed and nine France noted with satisfaction the Secretary- others wounded. General’s renewed efforts and urged him to pur- The Secretary-General voiced agreement with sue them, also noting that UNIFIL'S financing, Lebanon’s view-communicated to him on 7 while still a matter of concern, was now assured 298 Political and security questions on a broader basis. In the more positive context the Irish contingent were killed and several French created, it added, it was clear that the extension soldiers were wounded. After 22 August there was of the mandate could not be a mere matter of quiet, and UNIFIL tried, with the co-operation of routine. Sharing that view, the United Kingdom the Lebanese authorities and leaders of the Amal felt that the Council had responded positively to movement, to reduce tension and re-establish the Secretary-General’s call for a sustained United calm. Despite those efforts, three French soldiers Nations effort and looked to Israel to take full ac- were killed on 4 September by a remote-controlled count of the Council’s unanimous wish to secure bomb near the village of Joya in the sector of the a rapid end to the unsatisfactory situation. It urged French contingent. In a 4 September press com- States, particularly permanent Council members, munique, he had vigorously condemned that to meet their financial obligations to the Force. attack. In the view of the USSR, the Council’s The Secretary-General also informed the Coun- demands, clearly formulated in UNIFIL’S mandate, cil that, on the morning of 5 September, some 30 remained unfulfilled because of Israel’s refusal to Israeli soldiers had carried out a helicopter raid withdraw, and UNIFIL had been deprived of any in the village of Zibqin in the sector of the Nepalese opportunity to carry out its functions; its presence contingent; according to the Force Commander’s should promote the speedy implementation of the preliminary report, an Israeli soldier was killed essential goal-to ensure Israel’s unconditional during the operation and four Lebanese villagers withdrawal. were taken away by the Israelis. The best means to bring permanent stability to Those incidents, the Secretary-General contin- southern Lebanon would be agreement on long- ued, stressed the extremely difficult conditions in term security arrangements relating to the Israel- which UNIFIL soldiers must work. He had Lebanon border, the United States said; in the in- previously decided to send a mission of inquiry terim, there appeared to be no real alternative to to consider, together with the Lebanese Govern- UNIFIL. ment, measures to ensure that the Force was able Israel viewed UNIFIL as a positive force because to carry out effectively, in the required secure con- it introduced a measure of stability into a very ditions, the mandate entrusted to it by the Coun- unstable area with a power vacuum in terms of cil; because of the 4 September incident, he had a central authority; by the same token, it was not moved up the departure of that mission and within UNIFIL’S capacity to carry out the policing Under-Secretary-General Goulding had left New action that would normally be expected of the Leb- York on the same day. anese Government. Israel would welcome the op- The Secretary-General, stressing that he would portunity to discuss with Lebanon, and with any do everything possible to avoid a recurrence of element in Lebanon, the possibility of making such incidents, recalled that UNIFIL soldiers were security arrangements which would ensure the allowed to use force only in self-defence, and that safety of Israeli citizens in northern Israel, but the Force could carry out its mandate only if all until the Lebanese Government was able to the parties involved extended it the required co- discharge that responsibility, Israel would continue operation and if it had the Council’s unreserved to defend its citizens. support. Lebanon urged Israel to implement resolution Following consultations among the Council 425(1978), assuring it that the Lebanese Govern- members, the President made a statement on their ment would then be fully able to extend its behalf;(64) authority and sovereignty and ensure regional security; it considered the Council’s unanimous “The members of the Security Council express their decision a positive indication of its wish to shoulder deep sorrow at the grave and distressing attacks which killed several members of the Irish and French con- its responsibilities. tingents of the United Nations Interim Force in Leb- anon. These attacks come after various serious in- SECURITY COUNCIL ACTION (5 September) cidents in the recent past, in particular those of 11 and On 5 September 1986, the Security Council met 12 August 1986, in the course of which a number of at France’s request, made the previous day,(63) to members of the Force were injured. The members of the Council express their indignation at such resort consider the situation of UNIFIL. The Council in- to deliberate violence, which places in jeopardy the vited Lebanon, at its request, to take part in the safety of the members of the Force. discussion without the right to vote. “They convey their sympathy to the afflicted fami- Meeting number. SC 2705. lies and pay tribute to the qualities of composure, cour- age and self-sacrifice manifested collectively by all the The Secretary-General said he had informed the members of the Force, in service of the ideals of peace Council through its President of violent incidents of the Organization. in the UNIFIL zone between 11 and 22 August, “Given the worsening of the situation in the zone during which two Lebanese and one member of in which the Force operates, the members of the Coun- Middle East 299

cil consider it essential to adopt with all urgency measures Secretary-General reported on the findings of the aimed at the effective reinforcement of the security of mission, headed by Under-Secretary-General the members of the Force and request the Secretary- Goulding, which had visited the area from 5 to General to undertake all necessary steps to that effect. 15 September and held extensive discussions with “The members of the Council express their ap- the UNIFIL Commander, his staff and the various preciation to the Secretary-General for his immediate dispatch of a mission led by the Under-Secretary- parties concerned. General which is to carry out, in consultation with The Secretary-General also gave further details the Lebanese Government, an in-depth examination of recent incidents. On 11 August, two men, one of the measures to be taken to enable the Force to carry a local Amal movement leader, were shot and killed out its mandate, as laid down in Council resolution by a French contingent sentry who had been threat- 425(1978), effectively in the necessary conditions of ened. That same night and the next day, Amal and security. other armed elements attacked French battalion posi- “They invite the Secretary-General to submit to the tions and the UNIFIL transit base at Tyre. Sporadic Council, as soon as possible, a report which he will attacks continued in the French sector, as well as prepare following the mission. “The members of the Council unanimously express in those of Fiji, Finland, Ireland and Nepal, until their confidence in the Secretary-General and the 22 August. On 21 August, an Irish lieutenant was Commander of the Force in the current difficult cir- killed by a remote-controlled bomb. cumstances.” Further incidents had also occurred. On 11 September, unidentified armed elements killed two Although it would have preferred a more SLA personnel and wounded three others near the balanced text, Ghana supported the statement’s village of Kafra. Four SLA positions maintained general objective, but believed that the major by Israel then fired on the villages of Yatar, Kafra, causes of the cycle of violence were the so-called Haris and Haddathah, hitting a UNIFIL position security zone and the presence of Israeli forces and and injuring five Nepalese soldiers. On 13 Israeli-sponsored armed groups; all the incidents September, a roadside remote-controlled bomb originated principally from the population’s resent- killed a French soldier and wounded three others ment of Israel’s presence. patrolling near the village of Bafliyah. France said the current situation, in which The mission reported that many of the dangers soldiers of an international force serving peace to which UNIFIL was currently exposed resulted were cut down in a cowardly manner, had become from a discrepancy between its terms of reference intolerable. UNIFIL was still not in a position to and the situation on the ground. The terms of carry out its mission in the essential conditions of reference included the requirement that it use its security and effectiveness. As the most recent at- best efforts to prevent recurrence of lighting and tacks had made the situation even more precarious ensure that its area of operation was not utilized and dangerous, France was pressing for the urgent for hostile activities; that requirement was based adoption of measures to strengthen the security on the assumption that Israel would withdraw its of all UNIFIL members and it expected that the forces and UNIFIL would operate with the full co- Under-Secretary-General would without delay operation of all the parties. Israel’s refusal to take all the necessary practical measures and that withdraw had invalidated that assumption ever the Secretary-General would submit appropriate since UNIFIL came into being. recommendations. It was also important, however, A new and very disturbing development in re- to undertake a general review dealing with all the cent weeks, the Secretary-General continued, was substantive problems in the way of the accomplish- the series of premeditated attacks against the ment of the Force’s mission. French contingent. No one had claimed respon- The USSR stated that the tragic events again sibility for those crimes and the mission was unable emphasized the dangerous and abnormal condi- to establish whether they represented a continu- tions in which UNIFIL had to operate, owing to the ing reaction to the 11 August incident or whether fact that for a long time it had been deprived of they were the work of an armed group opposed the possibility of carrying out unhampered the either to French participation in UNIFIL or to duties entrusted to it by the Council. It was UNIFIL as a whole and to resolution 425(1978). necessary once again to state that it was the Coun- The conflict between IDF/SLA and armed groups cil’s duty to work for implementation as soon as attacking the security zone, which overlapped a possible of resolution 425(1978). sizeable part of UNIFIL’S area, had intensified. Such Lebanon stated that it condemned all such in- attacks almost always resulted in retaliatory action cidents and stressed its complete support for by IDF and SLA, which often included in- UNIFIL’s presence and its desire to ensure the discriminate shelling of villages near where the attack Force’s safety. had occurred. UNIFIL personnel risked being Special report of the Secretary-General (18 caught in that retaliatory fire, as had happened to September). On 18 September 1986,(11) the the Nepalese position on 11 September. 300 Political and security questions

After the mid-August clashes, the Secretary- gard to Israel’s position, there was no indication General reported, the UNIFIL Commander had of an early change, the Secretary-General added. taken measures to improve the security of his Given UNIFIL’S inability to fulfil its original troops, especially those of the French contingent. mandate, he said, it had been suggested that After the 21 August murder of the Irish officer, changes be made in that mandate and/or in the the Commander was instructed by Headquarters means provided to the Force to carry it out. The to alert all units of the possibility that the attack mission had discussed the question with the Force might portend a general campaign against UNIFIL Commander. UNIFIL could not use force except and to take the necessary precautions. Further in self-defence and was therefore not in a position measures were implemented following the mis- to enforce the Council’s will. Like all peace- sion’s discussions with the Commander and his keeping operations, its effectiveness depended on staff. On his recommendation and that of the mis- the co-operation of the conflicting parties, as well sion, the Secretary-General then authorized cer- as of the troop contributors. If that co-operation tain redeployments within the UNIFIL area to im- was not forthcoming, the Council could in theory prove the security of the French contingent. It had revise the Force’s mandate or its terms of reference to be recognized, however, the Secretary-General in a manner that would win the co-operation of stated, that UNIFIL was widely dispersed in some all; in practice, however, the possibilities were very 214 positions and that the measures taken could limited. Concerning UNIFIL’S mandate, the 1978 provide only partial protection. The mission urged resolution had been repeatedly reaffirmed by the all concerned within the area both to make every Council and its provisions remained of fundamen- effort to identify and apprehend those responsi- tal importance to the Government of Lebanon. ble for the recent attacks and to intervene with With regard to UNIFIL's terms of reference, as set those who might have influence on those respon- out in a 1978 report of the Secretary-General(65) sible in order to get the attacks stopped. All the and approved by the Council,(66) he had consid- leaders to whom the mission had spoken con- ered various possibilities. One would be to require demned the attacks and undertook to make every UNIFIL to control the movement of heavy weapons effort to ensure that there was no repetition. only, i.e., artillery and armour, which might re- The second part of the mission’s task was to pur- duce the risks of confrontation with armed sue consultations with the parties on how progress elements but would greatly reduce the ability of could be made towards implementing resolution UNIFIL to exercise some control over the level of 425(1978). In Lebanon, all the leaders to whom hostilities in its area. The same objection, the the mission spoke expressed unequivocal support Secretary-General said, would apply to converting for continued UNIFIL presence and urgent im- the Force into an observer group. A third plementation of the resolution. They insisted on possibility would be to revise the Force’s area of the need for Israel to withdraw its forces and operation in order to eliminate the overlap with dismantle the security zone if the deterioration of the security zone, which would involve a major the situation in southern Lebanon was to be ar- contraction of UNIFIL’S area, including complete rested. They also urged that the Council assume withdrawal from the Norwegian battalion sector, its responsibilities in that regard. The mission sug- and would run counter to the thrust of resolution gested that, if the leaders succeeded in their cur- 425(1978), thus making it unacceptable to many, rent efforts at national reconciliation, the Leba- including the Lebanese authorities; nor would it nese Government might wish to deploy a small seem likely to reduce the risk of UNIFIL casualties, unit of the Lebanese army to the north-western of which all but one during recent weeks had oc- part of the UNIFIL area as a first step towards the curred outside the security zone. The Secretary- return of its effective authority in the area; that General concluded that changes in UNIFIL’s man- suggestion was noted, although concern was ex- date or terms of reference would be unlikely to re- pressed at the risk that Lebanese units deployed solve its current difficulties. in the south might be attacked by IDF or its allies, Concerning the means available to the Force, as had happened in 1978. he believed that useful changes could be made, The Syrian Government also expressed un- assuming the Council decided to maintain it and equivocal support for the 1978 resolution and for that it had the necessary resources. The Force UNIFIL, blaming the current state of affairs on Commander had advised that many UNIFIL Israel’s refusal to withdraw. Syrian leaders urged check-points and positions, having been that the Council assume its responsibilities and established some years earlier in different cir- repeated their support for the position of those in cumstances, were currently of limited operational Lebanon who had expressed their determination value and in some cases difficult to defend; he had that, if Israel withdrew and dismantled the security recommended that UNIFIL’S deployment be con- zone, there should be no return to the situation solidated by having fewer, stronger and better- that had existed in the area before 1982. With re- located positions. He further recommended Middle East 301 strengthening the defences of UNIFIL’s positions believed, an immediate intensification of hostilities and that the two battalions which currently did between IDF/SLA and the various armed groups not have armoured personnel-carriers be supplied which wished to drive Israeli forces out of Leba- with them for their better protection. non and, in some cases, to attack Israel itself. The With regard to armament, the Commander mission was left in no doubt by Israel that in that took the view that, given the need for co-operation event its reaction would be severe and expansion of the local population, UNIFIL should not be pro- of the security zone would not be excluded; there vided with heavier weapons; the armament would thus be a grave risk of the conflict spreading available to it should be revised to ensure greater and the main sufferers would be the population accuracy of fire and to keep casualties to the of southern Lebanon who would again be forced minimum in any confrontations that might occur. to flee. UNIFIL’ S tactical concept should be to avoid For those reasons, the Secretary-General could violence by being able to deploy superior force not recommend the Force’s withdrawal. However, quickly if threatened; increased holdings of ar- if progress was not achieved soon, the Council moured vehicles would provide the desired might be compelled to consider such a withdrawal, mobility, flexibility and protection. despite the consequences. The solution was com- Those recommendations, the Secretary-General plete withdrawal of Israeli forces from Lebanese believed, responded well to the situation of the territory and the deployment of UNIFIL to the in- Force, but as a preliminary estimate of their cost ternational frontier. The only hope of progress lay was some $30 million, it would be essential that in a determined effort by the Council and he extra finances be provided so that they could be recommended that its members act urgently to implemented without further detriment to the unblock the current impasse. already reduced reimbursement which troop con- tributors received. SECURITY COUNCIL ACTION (23 September) Summing up, the Secretary-General said that The Security Council met again on 19, 22 and UNIFIL faced a major crisis. Recent violent in- 23 September 1986 to consider the Secretary- cidents had brought to a head difficulties which General’s special report, in the light of which an from the beginning had been inherent in its situa- urgent meeting had been requested by France.(67) tion due to the failure of various of the parties at The Council invited Israel, Lebanon and the various times to give it full co-operation. In par- Syrian Arab Republic, at their request, to par- ticular, Israel’s refusal to withdraw completely ticipate without the right to vote. The Council also from territory occupied during its 1982 invasion invited the Permanent Observer of the League of had led to steadily growing military activity Arab States, at the request of the United Arab against IDF and SLA. In spite of the international Emirates,(68) to participate under rule 39 of its community’s desire, expressed unanimously in provisional rules of procedure.c Council resolution 586(1986) (see p. 297), that In a 23 September telegram,(69) the Lebanese UNIFIL be permitted to implement its mandate, Prime Minister stated that his Government had that it had not so far proved possible to persuade Israel day decided to draw the Council’s attention to the to withdraw; in those circumstances, it had been need to reaffirm its resolution 425(1978) in particular, impossible for UNIFIL to prevent its area of and to the need to implement its provisions in order deployment from being used for hostile activities to ensure Lebanon’s national sovereignty and the and some parts had become the scene of almost security of its citizens, who continued to be sub- continuous hostilities, with consequent dangers to jected to the most offensive practices at the hands the Force’s personnel. of both the Israeli occupation army and the so-called That, the Secretary-General continued, was an “Lahad” client forces carrying out Israel’s orders; intolerable situation for a United Nations peace- the difficulties being faced by the international forces keeping force which cost the international com- in southern Lebanon were a result of the contin- munity some $140 million annually. Especially ued presence of the occupiers. since the security zone was set up early in 1985,(6) On 23 September, the Council adopted resolu- the Secretary-General had repeatedly expressed tion 587(1986). the gravest concern that the situation of UNIFIL would become untenable unless early progress was The Security Council, made towards implementation of resolution Recalling its resolutions 425(1978) and 426(1978), as 425(1978). well as its resolutions 511(1982), 519(1982) and 523(1982) and all the resolutions relating to the United Nations But, uncomfortable and dangerous though its Interim Force in Lebanon, position might be, the Force continued to make Recalling the mandate entrusted to the Force by resolu- an important contribution to such peace and tion 425(1978) and the guidelines of the Force set forth stability as existed in southern Lebanon; if it were withdrawn, there would be, the Secretary-General c See footnote a on p. 275. 302 Political and security questions in the report of the Secretary-General dated 19 March Stressing its support for UNIFIL, the United 1978 and approved in resolution 426(1978), States said it was clear that it was not Israel that Further recalling its resolutions 508(1982), 509(1982) and killed and wounded UNIFIL soldiers. The text did 520(1982), as well as all its other resolutions relating to not support the objective of Lebanon’s sovereignty, the situation in Lebanon, unity and independence, and, by focusing ex- Solemnly reaffirming that it firmly supports the unity, ter- ritorial integrity, sovereignty and independence of Lebanon clusively on redeployment of the Force, it ignored within its internationally recognized boundaries, the critical factor that had prevented the fulfilment Deeply grieved over the tragic loss of human life and in- of UNIFIL’s mandate: absence of agreement dignant at the harassment and attacks to which the soldiers among the parties on security arrangements to of the Force are being subjected, protect their respective interests. If the problem Recalling in this connection the statement made on 5 of restoring the Lebanese Government’s authority, September 1986 by the President of the Council on its in which UNIFIL was to assist, could not be solved behalf, in a short time-frame, attention must be directed Expressing its concern at the new obstacles to the freedom to ameliorating the dangers to UNIFIL that flowed of movement of the Force and at the threats to its security. from the lack of effective authority in southern ‘Noting, with regret that the Force, whose mandate has been renewed for the twenty-first time, has so far been Lebanon. Attacks against UNIFIL would not cease prevented from fulfilling the task entrusted to it, by changing its area of deployment. They occur- Recalling its resolutions 444(1979), 450(1979), 459(1979), red because of absence of Lebanese Government 474(1980), 483(1980) and 488(1981), in which it expressed authority. its determination, in the event of continuing obstruction Stating that mere Israeli withdrawal and ending of the mandate of the Force, to examine practical ways its control of a part of Lebanon was not the full and means to secure full and unconditional implemen- answer, since other measures might be needed, the tation of resolution 425(1978), United Kingdom believed that there was no Emphasizing its conviction that this deterioration of the possibility of any solution without that withdrawal situation constitutes a challenge to its authority and its resolutions, and UNIFIL’s deployment to the international bor- 1. Condemns in the strongest terms the attacks commit- der. Sharing the latter view, Denmark said it was ted against the United Nations Interim Force in Lebanon; essential that all efforts be exerted to ensure 2. Expresses indignation at the support which such substantial progress towards implementation of criminal actions may receive; resolution 425(1978). Similarly, Australia hoped 3. Pays homage to the courage, spirit of discipline and that, despite obvious difficulties, the text would go composure of the soldiers of the Force; some way towards enabling the Force to fulfil its 4. Takes note of the report of the Secretary-General mandate. Ghana could not accept Israel’s contin- prepared after the recent mission by his representative ued illegal presence. China, too, urged Israel’s in the region, particularly the paragraphs relating to the security of the Force and the withdrawal of Israeli military withdrawal and UNIFIL’S deployment to the bor- forces from southern Lebanon; der, adding that the costs incurred in implement- 5. Takes note of the preliminary security measures ing the current resolution should be covered by the decided on by the Secretary-General and requests him regular UNIFIL budget. to take any further measures needed to enhance the security Bulgaria would have preferred a more explicit of the men of the Force in their peace mission; mention of the withdrawal of Israeli forces to in- 6. Urges all the parties concerned to co-operate ternationally recognized borders; it was also not unreservedly with the Force in the fulfilment of its mandate; satisfied with other aspects of the text and reserved 7. Again calls for an end in southern Lebanon to any its views on the financial implications until they military presence which is not accepted by the Lebanese authorities; were known. 8. Requests the Secretary-General to make the The representative of the League of Arab States necessary arrangements for a deployment of the Force said the cause of much of the tragedy in southern to the southern border of Lebanon, and solemnly calls Lebanon was the fact that there was no hope of on all the parties concerned to co-operate in the achieve- implementing resolution 425(1978); the current ment of that objective; text was a serious attempt to rectify that im- 9. Requests the Secretary-General to report to it balance. within twenty-one days on the application of this Lebanon, which was disappointed at the lack resolution. of unanimity on the text even though it stressed Security Council resolution 587(1986) resolution 425(1978) which had been submitted by 23 September 1986 Meeting 2708 14-0-1 the United States, noted that the Council’s vote Draft by France (S/18356). coincided with intensified Israeli aerial aggression Meeting numbers. SC 2706-2708. against Lebanese mountain villages and shelling Vote in Council as follows: In favour: Australia, Bulgaria, China, Congo, Denmark. France, Ghana. of southern villages by SLA. Madagascar Thailand. Trinidad and Tobago, USSR. United Arab Emirates, United Opening the debate, the Secretary-General ex- Kingdom, Venezuela. Against: None. pressed deep concern at the intolerable situation Abstaining: United States confronting UNIFIL, the seriousness of which, he Middle East 303 said, had again been underlined some three hours as a buffer against Israel, the attacks against the earlier by a further rocket attack by unidentified Force would increase if UNIFIL were deployed to armed elements against a position of the French the international border and the security zone were battalion, with preliminary reports of live French abandoned. Israel expected of the Council unam- soldiers wounded. Stressing that time was of the biguous condemnation of and its Syrian essence, he urged that effective measures be taken and Iranian patrons. Blaming Israel instead and to enable UNIFIL to fulfil its mandate, ensure the asking it to dismantle its only viable defence security of its personnel and resolve its financial against those killers would be cowering before ter- difficulties. rorism and ensuring its expansion, Israel added. In France’s view, a new phase had begun with In the view of the USSR, the withdrawal of the further deteriorating situation; the recent at- Israeli troops to the international border would tacks, accompanied by demands and threats, were create favourable conditions so that UNIFIL could particularly alarming because they expressed the finally discharge its tasks; the alternative would be determination of some to call into question merely a further escalation of tension, fraught with UNIFIL’s very existence. The United Nations serious consequences for international peace and could not remain indifferent in the face of that security in the region. tragic turn of events, when UNIFIL was pinned to Full and complete Israeli withdrawal from all the ground and condemned to retrenchment; the Lebanese territory and deployment of UNIFIL up time had come for the Council to shoulder its to the international border were the solution, the responsibilities. The security measures taken or Syrian Arab Republic said, calling on the Coun- suggested were inadequate, as almost all were in cil to force Israel fully to implement resolution effect passive defence measures. UNIFIL was 425(1978) and withdraw its forces. prevented by criminal means from pursuing its ac- Israel’s occupation of southern Lebanon con- tivities; it could not act without unanimous Leb- tributed to complicating Lebanon’s internal affairs anese support, and the Council must call on all and, in particular, to subjecting UNIFIL to clashes parties to offer their co-operation. That support and confrontation with some local forces, the could be mobilized only around the sovereignty United Arab Emirates charged. Such clashes were and integrity of the country, which meant that no only natural, as local militias were trying to re- foreign armed element not accepted by the Leba- spond to Israeli acts of aggression against civilians; nese authorities could continue to exist in south- in trying to prevent such incidents, as was within ern Lebanon. If UNIFIL should again enjoy the full its mandate, UNIFIL was suffering casualties. support of the Lebanese population, it must be able to be deployed as quickly as possible, as was Report of the Secretary-General (October). As envisaged in 1978, along the international border; requested by the Council (see above), the that would effectively restore the conditions Secretary-General reported again on 13 Oc- necessary to enable the United Nations to bring tober.(13) There had been a marked reduction in about respect for its entire mission of peace and attacks against the Force since 18 September, he humanitarian objectives. France felt that the stated, and no further lives had been lost. There United Nations should reconsider its mission in had been three attacks, all directed against French southern Lebanon if so essential an objective as positions or French UNIFIL personnel, occurring the return of civil peace to the region was not during the first 10 days of the reporting period. speedily achieved. During that period, UNIFIL reported three Israel characterized the report as unbalanced, serious incidents affecting the local population in distorting the true situation, and suffering from its area. Information available indicated that a a major omission in that it did not fully represent number of similar serious incidents took place be- Israel’s position or assessment of the southern Leb- tween armed elements and IDF/SLA personnel in anon situation. It was Hezbollah, the Shiite ter- the security zone outside the UNIFIL area. UNIFIL rorist offspring of the Khomeini revolution, which was indirectly affected by lighting which began on had been imported into Lebanon as a co- 30 September between Amal and Palestinians in production of Iran and the Syrian Arab Republic, the Rashadieh refugee camp south of Tyre; while that had targeted UNIFIL, in line with Iran’s policy the camp was outside the UNIFIL area, intermit- of driving out from Lebanon all alien forces as a tent firing interrupted traffic on the coastal prelude to establishing an Islamic Republic. If the road-an important supply route for UNIFIL. French contingent could be weakened and driven As requested by the Council, further measures out, the whole Force would collapse which would were taken to enhance the security of UNIFIL per- help Hezbollah in establishing complete predom- sonnel, among them adding reinforced shelters inance in southern Lebanon. The central point and improving the defences of all positions. To was clear: UNIFIL’S precise deployment was irrele- consolidate the Force’s deployment, as suggested vant to that objective. Since Hezbollah saw UNIFIL in a previous report, the UNIFIL Commander 304 Political and security questions

identified 49 positions (of a total of 169 permanent Council’s 23 September request to that effect, positions) that were vulnerable and/or of limited discussions were resumed with Israel in a further operational value; those located in the French bat- attempt to achieve its withdrawal and its abandon- talion sector were already closed and the others ment of the so-called security zone. Israel reaf- were to be closed as soon as possible. firmed its previous position: it had no territorial Precautions against attacks were taken, as well ambitions; it was only protecting northern Israel; as measures to secure the areas surrounding and until Lebanon had an effective Government UNIFIL positions; procedures at road-blocks were with which it could agree on permanent security being revised to improve security and liaison at arrangements, Israel would continue working with the local level was being intensified to ensure un- any Lebanese party genuinely interested in pre- derstanding of UNIFIL's role and to avoid in- venting “terror” in southern Lebanon and north- cidents. Patrolling procedures were revised and ad- ern Israel. Although recognizing UNIFIL'S useful ditional measures taken to secure roads and guard role and that it had tried to stabilize the area, against roadside bombs. Maximum use was made peace-keeping forces were most effective in Israel’s of armoured vehicles. view when they served as buffers between two Redeployment of the French infantry battalion States sharing a commitment to pacify their com- was completed on 26 September and a little more mon border; but that was not the case with Leba- than half was currently stationed in Naqoura, non and peace-keepers could not be asked to com- while the remainder was deployed in the Jwayya bat what Israel called terrorists. Israel would area. Nepalese troops took over positions in the continue co-operating with UNIFIL but would western part of the former French sector, and maintain its own security arrangements. Cur- Ghanaian and Finnish troops in the central and rently, Israel could not agree to complete eastern parts, respectively. withdrawal of its forces, but it remained ready to The Secretary-General concluded that, if bet- consider seriously concrete proposals by the ter protection was to be achieved and if the Force United Nations which took account of Israel’s con- was to carry out fully the consolidation and ra- cerns. It could not be held responsible for the cur- tionalization of its deployment, additional funds rent state of affairs which, Israel said, lay with would be required; the Commander had been in- Hezbollah and Governments supporting it. structed, in consultation with the Secretary- Representatives of the Secretary-General also General’s Military Adviser, to study the matter, discussed deploying UNIFIL to the border with bearing in mind that the preliminary estimate of Lebanese authorities, who reaffirmed their in- $30 million should be reduced substantially. sistence on immediate Israeli withdrawal from all The Force Commander had recommended ac- Lebanese territory; if that were achieved, they quiring 29 armoured cars which, he believed, would would ensure that there would be no return to the help to protect UNIFIL personnel on mobile duties. situation before 1982. In addition, he suggested that three new positions In a related effort towards implementing the be opened, 14 further positions reinforced and one Force’s mandate, the Secretary-General had also battalion headquarters relocated. Endorsing those pursued the idea that a Lebanese army unit might recommendations, the Secretary-General said their be deployed to the north-western part of UNIFIL'S estimated cost of $10.5 million was a non-recurrent area, as a first step towards the return of Leba- expenditure; if the Council had no objection, he non’s effective authority in southern Lebanon. would seek the General Assembly’s approval for the Lebanese authorities had accepted in principle that necessary budgetary appropriations. elements of its army should be deployed to south- In addition to improving the physical security ern Lebanon to co-operate with UNIFIL in imple- of UNIFIL personnel, the Secretary-General also menting its mandate, and details were being pursued diplomatic efforts to get the attacks discussed between the Force Commander and the stopped. It had still proved impossible to establish Lebanese Military Council. with certainty the identity or political affiliation The Secretary-General said he had instructed of those responsible, although it had been widely the UNIFIL Commander to continue examining alleged that they were the work of armed elements any possibilities for further varying the size and of Hezbollah. In recent weeks, he had discussed deployment of the contingents, if that would en- UNIFIL with senior representatives of the Lebanese hance the Force’s security without impairing effi- Government and a wide range of other Govern- ciency. UNIFIL'S position would, however, remain ments, including Iran and the Syrian Arab precarious as long as it was prevented from car- Republic, both of which had stated their readiness rying out its original mandate. Efforts of the to use their good offices to improve the security previous three weeks to achieve progress towards of UNIFIL personnel. implementing resolution 425(1978), including Efforts also continued to enable the Force to be deployment of UNIFIL to the international border, deployed to the international border. Following the had been inconclusive. The situation remained ex- Middle East 305 ceptionally complicated and determination was re- consultations among Council members, the President 70 quired to achieve the Council’s objectives. made the following statement on their behalf:( ) The Secretary-General again acknowledged Meeting number. SC 2719. Israel’s legitimate concern about its northern border, “The members of the Security Council have noted across which it was still subjected to attack. with appreciation the report submitted by the UNIFIL’S task to restore international peace and Secretary-General in conformity with Security Coun- security would not, however, be fulfilled unless the cil resolution 587(1986) requesting him to take any security of both Lebanon and Israel along the in- further measures needed to enhance the security of ternational border was assured. Israel’s withdrawal the men of the United Nations Interim Force in Leb- was not only in accordance with the Council’s anon, and to make the necessary arrangements for a deployment of the Force to the southern border of repeated call, but also offered the best prospect of Lebanon. restoring security to the benefit of both. “They express their gravest concern that the basic The Secretary-General had repeatedly expressed objectives of Council resolution 425(1978) have not yet to Israel the view that its continued military pres- been achieved. ence, combined with the behaviour of SLA, would “The members of the Council take note of the con- inevitably provoke a reaction from the inhabitants sultations initiated by the Secretary-General with the of southern Lebanon, and the resulting violence parties concerned and others with a view to the im- would be exploited by those armed groups who, plementation of the mandate of the Force. While they unlike the Lebanese Government and the vast ma- regret that the consultations aimed at implementing jority of the inhabitants, wanted southern Leba- resolution 425(1978) have thus far failed to yield practical results, the members of the Council request the non to be used for attacks against Israel itself. That Secretary-General actively to pursue his contacts. process had already begun and could, if not rec- “They note the new security measures decided upon tified, lead to a level of violence that could grow since the adoption of the resolution. They request the beyond UNIFIL’s ability to control and of which Secretary-General to suggest any other steps he may UNIFIL itself could even become a victim. deem necessary for increased security in connection Deploying to the border might not end all violence with the movements of the Force indispensable for the instantly, the Secretary-General stated, but once fulfilment of its mandate. They approve the proposals deployed UNIFIL would be in a position to fulfil its submitted by the Secretary-General in his report and mandate, which would require an end to all cross- his intention to seek the approval of the General Assembly for necessary budgetary appropriation. In border hostility. Although UNIFIL might incur the that connection, they call on all countries to assume hostility of those wanting to carry out such acts, their financial responsibilities towards the Force and it would be supported by almost all inhabitants and on the Secretary-General to continue his efforts to ex- the Lebanese Government, whose authority would pedite the reimbursement of the advances of funds made gradually be restored in the area. The dangerous by the contributing countries. ambiguity in UNIFIL’S current situation would be “They note with interest the instructions given by removed. More than ever, the Secretary-General the Secretary-General to the Commander of the Force was convinced that that was the only way to stop to keep under continuous review all the possibilities the steady deterioration in southern Lebanon. of varying the size and deployment of contingents if The Council continued to face the same dilemma, that would strengthen their security without jeopar- dizing the effectiveness of the Force. They request the he continued. On the one hand, withdrawal of Secretary-General to study these possibilities in con- UNIFIL would be disastrous for international peace sultation with the contributing countries and to put and security and for the inhabitants of southern appropriate measures into effect. Lebanon; on the other, Israel’s continuing military “In that regard, they have noted with satisfaction presence prevented the Force from carrying out its the intention expressed by the Lebanese authorities to original mandate and created tensions that resulted deploy a regular unit of their army in the zone of the in its personnel being exposed to serious dangers. Force to work in close liaison with it in accordance with It remained the Secretary-General’s view that every the provisions of resolution 425(1978). effort should continue to be made to persuade Israel “Once again, the members of the Security Council to withdraw its forces completely; he and his staff urge all the parties concerned to give full support to remained ready to discuss with Israel and Leba- the Force in the fulfilment of its mandate and also call for an end to any military presence in southern Leb- non how to achieve that. Although that would be anon which is not accepted by the Lebanese authorities. difficult and complicated, he stressed that it was They call on the Secretary-General to intensify his efforts important that substantial progress should be made to secure the full and effective implementation of resolu- before the current UNIFIL mandate expired on 19 tion 425(1978).” January 1987. UNIFIL financing SECURITY COUNCIL ACTION (October) Report of the Secretary-General. In an October On 31 October 1986, the Security Council met 1986 report on UNIFIL financing,(14) the Secretary- to consider the Secretary-General’s report. After General stated that, as at 30 September, he had 306 Political and security questions

received $935.8 million for the operation of mitments to be entered into for each mandate UNIFIL, out of $1,250.3 million apportioned period that might be approved after 18 January among Member States for the periods from the 1987. inception of the Force in March 1978 to 18 Taking into account recent experience, ACABQ December 1986. The balance due—$314.5 had no objection to allowing the Secretary-General million-included $223 million that Member to commit funds for UNIFIL up to the limit ap- States had said they did not intend to pay and proved by the Assembly without the Committee’s $19.6 million due from China, transferred to a prior concurrence. It believed, however, that such special account in accordance with a 1981 General commitment authority should continue to be ex- Assembly resolution. (71) Only $71.9 million of the pressed as a monthly amount rather than a lump unpaid amount was considered collectable, leav- sum for an entire 12-month period. On that basis, ing a shortfall of $242.6 million. ACABQ recommended that the Assembly approve This continued to be a serious problem, he said. commitment authority up to $12,125,000 gross Current obligations could not be met, particularly ($11,922,000) per month for the 12-month period those due to the troop-contributing countries, beginning 19 January 1987. which had never been paid on a current and full The Advisory Committee noted the Secretary- basis in accordance with agreed rates; payments General’s intended procedures should future were falling even farther behind. Voluntary con- Council decisions entail costs exceeding limits tributions to a Suspense Account set up in authorized by the Assembly. 1979(72) to alleviate the financial burden on troop contributors amounted to only $34,356. If not GENERAL ASSEMBLY ACTION remedied, the Secretary-General warned, the In December 1986, acting on the recommenda- operation’s functioning might be jeopardized. He tion of the Fifth (Administrative and Budgetary) appealed to all Member States to pay their Committee, the General Assembly adopted two assessments without delay and to consider con- resolutions on the financing of UNIFIL. It adopted tributing voluntarily to the Suspense Account. resolution 41/179 A by recorded vote on 5 For UNIFIL operations from 19 April to 18 December. December 1986, commitments amounted to $95,660,000 gross ($94,100,000 net) as authorized The General Assembly, 73 Having considered the report of the Secretary-General in 1985;( ) costs from 19 December 1986 to 18 on the financing of the United Nations Interim Force January 1987 were estimated at $16,579,000 gross in Lebanon and the related report of the Advisory Com- ($16,384,000 net), based on an average Force mittee on Administrative and Budgetary Questions, strength of 5,860. Those costs included $4.6 Bearing in mind Security Council resolutions 425(1978) million for security measures for the areas sur- and 426(1978) of 19 March 1978, 427(1978) of 3 May rounding UNIFIL positions. 1978, 434(1978) of 18 September 1978, 444(1979) of 19 For the 12-month period beginning on 19 January 1979, 450(1979) of 14 June 1979, 459(1979) of January 1987, the Secretary-General estimated 19 December 1979, 474(1980) of 17 Tune 1980, 483(1980) of 17 December 1980, 488(1981) of 19 June `1981', costs at $145,500,000 gross ($143,064,000 net), 498(1981) of 18 December 1981, 501(1982) of 25 February based on an average Force strength of 6,000. In 1982, 511(1982) of 18 June 1982, 519(1982) of 17 August the event that future Council decisions on 1982, 523(1982) of 18 October 1982, 529(1983) of 18 UNIFIL’S status would entail additional costs over January 1983, 536(1983) of 18 July 1983, 538(1983) of the limit authorized by the Assembly, he stated, 18 October 1983, 549(1984) of 19 April 1984, 555(1984) the Assembly’s commitment authorization would of 12 October 1984, 561(1985) of 17 April 1985, 575(1985) be sought at that time if it was then in regular ses- of 17 October 1985, 583(1986) of 18 April 1986 and sion; otherwise, by initial recourse to the 1985 586(1986) of 18 July 1986, Assembly resolution on unforeseen and extraor- Recalling its resolutions S-8/2 of 21 April 1978, 33/14 dinary expenses for 1986-1987,(74) with the prior of 3 November 1978, 34/9 B of 17 December 1979, 35/44 of 1 December 1980. 35/115 A of 10 December 1980. concurrence of the Advisory Committee on Ad- 36/138 A of 16 December 1981, 36/138 C of 19 March ministrative and Budgetary Questions (ACABQ). 1982, 37/127 A of 17 December 1982, 38/38 A of 5 In the latter case, should the amounts required ex- December 1983, 39/71 A of 13 December 1984 and ceed the financial limit stipulated under that 40/246 A of 18 December 1985, resolution, it would be necessary to convene a Reaffirming its previous decisions regarding the fact special Assembly session to consider the matter. that, in order to meet the expenditures caused by such ACABQ recommendations. In November operations, a different procedure from the one applied 75 to meet expenditures of the regular budget of the United 1986,( ) ACABQ recommended approval of the Nations is required, Secretary-General’s estimate. In a departure from Taking into account the fact that the economically more past practice, the Advisory Committee noted, developed countries are in a position to make relatively there was no mention in his report that its prior larger contributions and that the economically less de- concurrence would be obtained for actual com- veloped countries have a relatively limited capacity to Middle East 307 contribute towards peace-keeping operations involving Security Council decide to continue the Force beyond heavy expenditures, the period of six months authorized under its resolu- Bearing in mind the special responsibilities of the States tion 586(1986), the said amount to be apportioned permanent members of the Security Council in the fi- among Member States in accordance with the scheme nancing of peace-keeping operations decided upon in set out in the present resolution; accordance with the Charter of the United Nations, V I 1. Renews its invitation to Member States to make Decides to appropriate to the Special Account referred voluntary contributions to the United Nations Interim to in section I, paragraph 1, of General Assembly resolu- Force in Lebanon both in cash and in the form of ser- tion S-8/2 an amount of $35,872,000 gross ($35,287,000 vices and supplies acceptable to the Secretary-General; net), being the amount authorized with the prior con- 2. Invites Member States to make voluntary con- currence of the Advisory Committee on Administrative tributions in cash to the Suspense Account established and Budgetary Questions and apportioned under the in accordance with its resolution 34/9 D of 17 December provisions of section IV of Assembly resolution 40/246 A 1979; for the operation of the United Nations Interim Force VI in Lebanon from 19 April to 18 July 1986, inclusive; Requests the Secretary-General to take all necessary II action to ensure that the United Nations Interim Force Decides to appropriate to the Special Account an in Lebanon shall be administered with a maximum of amount of $59,787,500 gross ($58,812,500 net), being efficiency and economy. the amount authorized with the prior concurrence of General Assembly resolution 41/179 A the Advisory Committee on Administrative and 5 December 1986 Meeting 99 125-2-9 (recorded vote) Budgetary Questions and apportioned under the pro- visions of section IV of Assembly resolution 40/246 A Approved by Fifth Committee (A/41/913) by recorded vote (94-2-8), 25 November (meeting 35); 22-nation draft (A/C.5/41/L.7, part A); agenda item 120 (b). for the operation of the United Nations Interim Force Sponsors: Australia, Austria, Canada, Denmark, Fiji, Finland, France, Germany, in Lebanon from 19 July to 18 December 1986, inclusive; Federal Republic of, Ghana, Iceland, Ireland, Italy, Lebanon, Nepal, Netherlands New Zealand, Norway, Panama, Papua New Guinea, Samoa, Sweden, Thailand. III Recorded vote in Assembly as follows: 1. Decides to appropriate to the Special Account an In favour Afghanistan, Antigua and Barbuda, Argentina, Australia, Austria, amount of $16,579,000 for the operation of the United Bahrain, Bangladesh, Barbados, Belgium, Bhutan, Bolivia, Botswana, Brazil, Nations Interim Force in Lebanon for the period from Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussian SSR, 19 December 1986 to 18 January 1987, inclusive; Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’Ivoire, Cyprus, Czechoslova- 2. Decides further, as an ad hoc arrangement, without kia, Democratic Kampuchea, Denmark, Djibouti, Dominican Republic, Ecuador, prejudice to the positions of principle that may be taken Egypt, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, German by Member States in any consideration by the General Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Assembly of arrangements for the financing of peace- Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Leba- keeping operations, to apportion the amount of non, Lesotho, Liberia, Luxembourg, Malawi, Malaysia, Malta, Mauritania, $16,579,000 among Member States in accordance with Mauritius, Mexico, Mongolia, Morocco, Nepal, Netherlands, Niger, Nigeria, Nor- the scheme set out in Assembly resolution 33/14 and the way, Oman, Pakistan, Panama, Paraguay Peru, Philippines, Portugal, Romania, Rwanda, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the provisions of section V, paragraph 1, of resolution Grenadines Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, 34/9 B, section VI, paragraph 1, of resolution 35/115 A, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, section VI, paragraph 1, of resolution 36/138 A, section Thailand, Togo, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, IX, paragraph 1, of resolution 37/127 A and section VII, Venezuela, Yugoslavia, Zaire, Zambia, Zimbabwe. paragraphs 1 and 2, of resolution 39/71 A, in the pro- Against Albania, Syrian Arab Republic. portions determined by the scale of assessments for the Abstaining: Angola, Cuba, Iraq, Lao People’s Democratic Republic, Libyan Arab years 1986, 1987 and 1988; Jamahiriya, Maldives, Wand, Viet Nam, Yemen. 3. Decides that there shall be set off against the ap- portionment among Member States, as provided for in As UNIFIL’s budget was being considered only paragraph 2 above, their respective share in the because Israel was occupying southern Lebanon, estimated income of $3,000 other than staff assessment the Syrian Arab Republic said, Israel should assume income approved for the period from 19 December 1986 full responsibility for the costs. Iraq believed that to 18 January 1987, inclusive; the aggressor should bear the cost of its own ex- 4. Decides that, in accordance with the provisions of pansionism. Expressing a similar view, Cuba could its resolution 973(X) of 15 December 1955, there shall not support an enterprise of dubious military value, be set off against the apportionment among Member adding that the fact that Israel did not acknowledge States, as provided for in paragraph 2 above, their the authority of UNIFIL made its activities useless. respective share in the Tax Equalization Fund of the estimated staff assessment income of $192,000 approved While it supported the text, the USSR stressed for the period from 19 December 1986 to 18 January that the provisions would have no retroactive ef- 1987, inclusive; fect and would result in no obligation in respect of previous years; the text had major financial im- IV Authorizes the Secretary-General to enter into com- plications and the Secretariat’s attention should mitments for the operation of the United Nations In- be drawn to the request to administer UNIFIL with terim Force in Lebanon at a rate not to exceed maximum efficiency and economy. $12,125,000 gross ($11,922,000 net) per month for the Despite its view that those responsible for the 12-month period beginning 19 January 1987, should the aggression should bear the cost, the German 308 Political and security questions

Democratic Republic said it had decided to con- be surrendered pursuant to those provisions, this amount tribute to the financing of UNIFIL in the hope of to be entered in the account referred to in the operative a return to normality, which would necessarily in- part of General Assembly resolution 34/9 E and held volve the withdrawal of Israeli troops. in suspense until a further decision is taken by the Assembly. Israel regretted that some delegations had cho- sen to introduce political considerations into a General Assembly resolution 41/179 B financial debate. 5 December 1986 Meeting 99 116-2-19 (recorded vote) Introducing the text in the Fifth Committee on Approved by Fifth Committee (A/41/913) by recorded vote (88-2-16), November (meeting 35); 22-nation draft (A/C.5/41/L.7, part B); agenda item 120 (b). behalf of the sponsors, Ireland said they consid- Sponsors: Australia, Austria, Canada, Denmark, Fiji, Finland, France, Germany, ered withholding mandatory contributions for Federal Republic of. Ghana. Iceland. Ireland, Italy, Lebanon. Nepal, Netherlands. peace-keeping operations a breach of obligations New Zealand, Norway, Panama, Papua New Guinea. Samoa, Sweden, Thailand. Recorded vote in Assembly as follows: under the United Nations Charter. In favour: Antigua and Barbuda, Argentina, Australia, Austria. Bahrain, Bangladesh, Barbados, Belgium, Bhutan, Bolivia, Botswana, Brazil, Brunei Also on 5 December, the Assembly adopted Darussalam. Burkina Faso, Burma, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa resolution 41/179 B by recorded vote. Rica, Côte d’lvoire, Cyprus, Democratic Kampuchea, Denmark, Djibouti. Dominican Republic, Ecuador Egypt, Equatorial Guinea, Ethiopia, Fiji. Finland, The General Assembly, France, Gabon, Germany. Federal Republic of, Ghana, Greece, Grenada, Having regard to the financial position of the Special Guatemala, Guinea-Bissau. Guyana. Haiti, Honduras, Iceland. India, Indonesia, Ireland. Israel. Italy. Jamaica, Japan, Kenya, Kuwait. Lebanon, Lesotho, Liberia, Account for the United Nations Interim Force in Leb- Luxembourg, Malawi, Malaysia, Malta, Mauritania, Mauritius Mexico, Morocco, anon, as set forth in the report of the Secretary-General, Nepal. Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, and referring to paragraph 18 of the report of the Ad- Panama. Paraguay. Peru. Philippines. Portugal, Rwanda. Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and visory Committee on Administrative and Budgetary Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, Spain. Sri Questions, Lanka, Sudan. Suriname. Swaziland. Sweden. Thailand, Togo. Tunisia, Turkey. Mindful of the fact that it is essential to provide the Uganda, United Arab Emirates, United Kingdom, United Republic of Tanzania. United Nations Interim Force in Lebanon with the United States, Uruguay, Venezuela. Yugoslavia, Zaire, Zambia, Zimbabwe. Against: Albania, Syrian Arab Republic. necessary financial resources to enable it to fulfil its Abstaining: Afghanistan, Angola. Bulgaria, Byelorussian SSR, Cuba, Czech- responsibilities under the relevant resolutions of the oslovakia, German Democratic Republic, Hungary, Iraq, Lao People’s Democratic Security Council, Republic, Libyan Arab Jamahiriya. Maldives. Mongolia, Poland, Romania, Concerned that the Secretary-General is continuing to Ukrainian SSR, USSR, Viet Nam, Yemen. face growing difficulties in meeting the obligations of The USSR felt, however laudable the intent, it the United Nations Interim Force in Lebanon on a cur- rent basis, particularly those due to the Governments was never financially wise to suspend the of troop-contributing States, regulations. Recognising that, in consequence of the shortfall of Ireland explained that suspending them in re- financial contributions, troop-contributing States are not spect of the surplus balance of $4,763,620 in the being reimbursed to the full extent of the established UNIFIL Special Account would prevent that rates, thus bearing considerably larger portions of the amount-calculated on the basis of assessed con- costs for their troops serving in the United Nations tributions irrespective of collectability, an amount peace-keeping forces than those indicated by the which had in fact been used fully to meet the ex- Secretary-General in his report on the review of the rates penses of the Force-from reducing the of reimbursement to the Governments of troop- assessments of Member States, including those contributing States, submitted to the General Assembly at its fortieth session, withholding contributions; the fourth preambular Recalling its resolutions 34/9 E of 17 December 1979, paragraph had been added to highlight the con- 35/115 B of 10 December 1980, 36/138 B of 16 December sequences of the shortfall. 1981, 37/127 B of 17 December 1982, 38/38 B of 5 Concern over the Force’s financing was also December 1983, 39/71 B of 13 December 1984 and voiced in the Security Council during 1986 (see 40/246 B of 18 December 1985, pp. 297 and 302). Recognizing that, in consequence of the withholding of contributions by certain Member States, the surplus Change of Commander balances in the Special Account for the United Nations Interim Force in Lebanon have, in effect, been drawn Lieutenant-General William Callaghan, of Ire- upon to the full extent to supplement the income land, who had been the Commander of UNIFIL received from contributions for meeting expenses of the since February 1981,(76) relinquished his com- Force, mand in May 1986. On 17 Apri1,(77) the Concerned that the application of the provisions of Secretary-General informed the Security Council regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial President that, subject to the usual consultations, Regulations of the United Nations would aggravate the he intended to appoint Major-General Gustav already difficult financial situation of the United Na- Hägglund, of Finland, who was serving as Com- tions Interim Force in Lebanon, mander of UNDOF, as UNIFIL Commander. On 24 Decides that the provisions of regulations 5.2 (b), 5.2 78 (d), 4.3 and 4.4 of the Financial Regulations of the Apri1,( ) the President replied that the Council’s United Nations shall be suspended in respect of the members had, that day, considered the matter and amount of $4,763,620, which otherwise would have to agreed to the proposal. Middle East 309

Major-General Hägglund assumed command also called on ICAO to respond appropriately and on 1 June. consider adequate measures to safeguard interna- tional civil aviation. A TASS statement, transmit- Israel and the Libyan Arab Jamahiriya ted by the USSR on 7 February,(89) said the in- The interception on 4 February 1986 by Israeli terception had been carried out under the hypocritical tighter planes of a Libyan civilian aircraft with a pretext of the “struggle against terrorism”. political delegation of the Syrian Arab Republic on board was considered by the Security Council. SECURITY COUNCIL ACTION On 6 February, the Council voted on a draft resolu- Following the request by the Syrian Arab Republic tion by which it would have condemned Israel for (see above), the Security Council considered the intercepting and diverting the aircraft in interna- incident at three meetings from 4 to 6 February. tional airspace, and subsequently detaining it, and Meeting numbers. SC 2651, 2653, 2655. warned Israel that, if such acts were repeated, it would consider taking adequate measures. The text The Council invited Algeria, the German was not adopted owing to the negative vote of a per- Democratic Republic, India, Iran, Iraq, Israel, Jor- manent Council member. dan, the Libyan Arab Jamahiriya, Morocco, the The subject was also taken up by the Interna- Syrian Arab Republic and Yugoslavia, at their re- tional Civil Aviation Organization (ICAO) in February, quest, to participate in the discussion without the right to vote. The Council also invited the Dep- Communications. On 4 February,(79) the Syrian uty Permanent Observer of the League of Arab Arab Republic charged that, at 1101 hours Green- States, at the request of the United Arab wich mean time (GMT) on that day, in international Emirates,(90) to participate under rule 39d of its pro- airspace over the Mediterranean, two Israeli fighter visional rules of procedure. aircraft, in a terrorist act, had intercepted a Lib- Also at the request of the United Arab yan civilian aircraft carrying a Syrian delegation Emirates,(91) the Council decided on 6 February, returning from an official visit to the Jamahiriya. On the same date,(80) the Libyan Arab by 10 votes to 1 (United States), with 4 abstentions Jamahiriya, characterizing the incident as air piracy (Australia, Denmark, France, United Kingdom), that an invitation to participate be accorded to PLO. and State terrorism, said that United States naval The President stated that the proposal was not made units stationed off the Libyan coast, which had par- pursuant to rule 37e or rule 39 of the provisional ticipated in provocative exercises against the rules of procedure, but, if approved, the invitation Jamahiriya (see p. 247), had provided full infor- would confer on PLO the same rights as those con- mation on the Libyan aircraft to the Zionist enemy. ferred on Member States when invited to participate Also on 4 February,(81) the Syrian Arab Republic pursuant to rule 37. requested an immediate Security Council meeting Before that vote, the United States, which had to consider the incident. The Jamahiriya, on 5 February,(82) associated itself with that call. requested it, reiterated its opposition to what it called special ad hoc departures from orderly procedure A number of other communications were received and to extending to PLO the same rights to par- condemning the interception as a violation of in- ticipate as if it represented a Member State; the ternational law and calling for deterrent measures. United States did not agree with recent practice Tunisia, on 5 February,(83) said it was a violation which appeared selectively to try to enhance through of international law and a grave attack on the freedom a departure from the rules the prestige of those who of civil aviation. Also on 5 February,(84) King wished to speak in the Council. Hassan II of Morocco asked the United Nations to act so that legality might be strictly observed. Also on 6 February, the Council voted on a revised draft resolution by the Congo, Ghana, Madagascar, If Israel’s action remained without appropriate Arab and international reaction, Iraq warned on 4 Trinidad and Tobago, and the United Arab Emirates.(92) The vote was 10 to 1, with 4 absten- February,(85) the criminal act against the Libyan tions, as follows: airliner and its passengers would not be the last. Yugoslavia, on 4 February,(86) said that Israel’s an- In favour: Bulgaria, China, Congo, Ghana, nounced intention to continue such actions bore Madagascar, Thailand, Trinidad and Tobago, USSR, out the continuity of the policy of aggression and United Arab Emirates, Venezuela. of State terrorism to which it kept resorting, de- Against: United States. spite the most severe opposition of the international Abstaining: Australia, Denmark, France, United Kingdom. community. Czechoslovakia, on 6 February,(87) termed Israel’s act an aggressive provocation and Owing to the negative vote of a permanent a dangerous precedent seriously threatening the member, the draft was not adopted. freedom and safety of international air transport. d A similar position was taken by the non-aligned See footnote a on p. 275. countries which, in a communique of 6 February,(88) e See footnote b on p. 275. 310 Political and security questions

By the draft, the Council would have: con- Vienna airports;(17) equally abhorrent were ac- demned Israel for its forcible interception and tions against innocents at sea. The Council should diversion of the Libyan civilian aircraft in inter- affirm that all States, including Israel, and all in- national airspace and its subsequent detention of dividuals should desist from such acts. the aircraft; considered that Israel’s act constituted Although sharing the sponsors’ concerns, a serious violation of the principles of international France was unable to support formulations not law, in particular international conventions on civil reflecting the precise facts. Israel’s action con- aviation; called on ICAO to take due account of the travened international law and could only exacer- Council’s resolution when considering measures bate existing Middle East tensions, but was taken to safeguard international civil aviation against in the particular context of serious terrorist acts such acts; and called on Israel to desist from all recently perpetrated in several European countries acts endangering the safety of international civil and, in those circumstances, could not be assessed aviation, warning that, if such acts were repeated, in the usual manner. the Council would consider taking adequate The USSR supported demands of the Syrian measures to enforce its resolution. Arab Republic that the Council condemn Israel, Although opposing Israel’s action, the United make it bear the entire responsibility and take States said the text was unacceptable as it did not measures to rule out any recurrence; the act was take into sufficient account the need to address premeditated, an open breach of the conventions practically and appropriately the overriding issue on civil aviation and threatened the principle of of terrorism. As a general principle, the United unimpeded use of international airspace for States opposed the interception of civilian aircraft, overflights by civil aircraft. but believed that there might arise exceptional cir- Israel’s acts of hegemonism under the pretext cumstances in which an interception might be of retaliation against terrorism must be resolutely justified; it strongly supported the principle that stopped and strongly condemned, China said; the a State whose territory or citizens were subjected international community and the Council in par- to continuing terrorist attacks might respond with ticular should adopt forceful measures to prevent force to defend itself against further attacks. A any such recurrence of interception or hijacking. State should intercept a civilian aircraft only on In Bulgaria’s view, the text contained a precise the basis of the clearest evidence that terrorists description of what took place and it felt that no were aboard, however, and the United States did argument by Israel invoking its right of self- not believe that Israel had demonstrated that its defence could alter the nature of its act, which action met that rigorous standard. Nevertheless, trampled on international law. because it believed that the ability to take such ac- The Congo, stating that Israel’s arguments were tion in carefully defined and limited circumstances more embarrassing than convincing, did not agree was an aspect of the inherent right of self-defence with a theory that would make official terrorism recognized in the United Nations Charter, the a rule of conduct for States in their relations; the United States could not accept a text which im- Council was faced with either strengthening the plied that interception of an aircraft was wrongful Charter and international conventions or allow- per se, without regard to the possibility that the ac- ing them to be violated with impunity. tion might be justified. The Council would put an end to such acts if Denmark regretted that a consensus had not it lived up to its responsibilities through been reached and pointed out that the text did not unanimous agreement, the United Arab Emirates adequately reflect its position. Israel’s act was in believed; the alternative to that was more clear contravention of international law and con- dangerous than what many could conceive. stituted a serious infringement of the freedom of Israel’s acts of aggression jeopardizing civil air- civil aviation, jeopardizing the lives and safety of craft and innocent lives would not stop unless the passengers and crew; Denmark called on Israel to Council fully assumed its responsibilities, the Lib- desist from such actions. yan Arab Jamahiriya remarked. The Council was There was much in the text which Australia said called on to take firm steps to deter any further it could support, but some references, such as that terrorist deeds; it could achieve that only if it in the preamble to piracy, did not accord with its resorted to the means provided for in the position. Charter-principally, depriving Israel of United In the United Kingdom’s view, the interception Nations membership and imposing deterrent was without justification, set a dangerous prece- economic sanctions against it to make it heed the dent, apparently in contravention of international will of the international community and comply law, and was an act endangering innocent lives-a with the Council’s resolutions. point acknowledged in one of the text’s preambular The situation could not be addressed by the paragraphs. That applied just as much to the kinds Council save through a firm resolution condemn- of incidents that had taken place at the Rome and ing Israel’s acts, the Syrian Arab Republic said; Middle East 311 it must proclaim that Israel bore sole responsibility and crew and to ensure their safety. It also asked for that act of international air piracy and then the Council to hold Israel fully responsible and it must oblige Israel to cease all acts of piracy and condemn it, and to demand that Israel end such terrorism everywhere. If the Council did not act acts and heed international agreements. strongly, including imposing sanctions, Israel Israel responded that its pilots had intercepted would continue its terrorism against the Arabs; the the aircraft and brought it down to an Israeli air- aggression against the airliner was just the begin- field where the passengers were examined but ning of a new terrorism that could destroy the there were no terrorists aboard. The passengers freedom and safety of international aviation. and crew were no longer in Israel. Its suspicion Jordan hoped that the Council would condemn that there were terrorists on board had grown out the violation by Israel of the most elementary rules of a Tripoli meeting of 20 terrorist organizations and principles promulgated by the United Nations that had just ended, and at which there had been and the international community for the safety clear declarations about continuing terrorist at- and lives of civilian passengers, and would tacks against Israel. A nation attacked by terrorists dissuade Israel from repeating such terrorist deeds. was permitted to use force to prevent or pre-empt The States pushing for the text, Israel remarked, future attacks. were those sponsoring terrorism, especially the Iraq pointed out that the Council had Syrian Arab Republic and the Libyan Arab unanimously condemned Israel for similar air Jamahiriya; to adopt the text would signal to them piracy in 1973(94) when it had intercepted a Leb- that they could go on with their campaign of anese aircraft travelling to Baghdad. bombing, murder, hijacking, assassination and Israel was the first to use its air force to hijack hostage-taking. Having had clear indications that a civilian airliner when, in 1954, its fighter planes a terrorist commute from Tripoli to the Syrian hijacked a Syrian airliner, forcing it to land at Lod Arab Republic was in process, Israel said, it had Airport, the United Arab Emirates added, and decided to act. States using their planes to ferry when the Lebanese aircraft was hijacked in 1973, terrorists could not expect them to be allowed to the Israeli Chief of Staff said more such operations fly uninterdicted all the time. Rather than con- might be expected. The Council had warned Israel demning victims of terrorism who did take action that if such acts were repeated, it would consider against terrorists, the Council must adopt a enforcement measures, the USSR recalled. De- responsible approach to combating both interna- spite that warning, China said, the recent incident tional terrorism and States that supported ter- showed that Israel was bent on deliberate viola- rorists. tions in disregard of the Council’s resolutions and Israel had no right to speak of terrorism or of authority. Israel’s acts showed that it did not feel innocent lives, as its own record was replete with bound by the Council’s 1973 resolution,(94) terrorist acts, the Libyan Arab Jamahiriya Algeria said. In Bulgaria’s view, the recent remarked, going back to 1973, when it downed a interception-the latest in a long series of attacks Libyan airliner, causing the death of 106 against sovereign Arab countries-was an act of civilians;(93) the interception was but one of war, an insolent challenge to the Arab and inter- Israel’s terrorist actions planned by its politicians. national communities, and a threat to interna- Israel might well consider Libyan support of the tional peace and security. Jordan also cited and Palestinian revolution to be terrorism and each condemned various acts of Israel endangering civil Palestinian camp to be a terrorist base, but the aviation, as did Morocco, which added that the Jamahiriya did not hide its support of the Palesti- most recent hijacking was further proof of Israel’s nians from anyone. determination to extend the scope of aggression At the opening of the discussion, the Syrian to all Arab States. Arab Republic explained that at 0854 hours Israel pointed to what it called the Libyan Arab (GMT) on 4 February a private Libyan civilian G- Jamahiriya’s record towards terrorism and support 2 type aircraft had left Tripoli International Air- of all known terrorist groups, charging in par- port, with an official Syrian delegation, headed by ticular that the December 1985 attacks at the the Assistant Secretary-General of the Arab Baath Rome and Vienna airports had been carried out Socialist Party, on board. While flying in interna- with Libyan and possibly also Syrian support; the tional airspace over the Mediterranean Sea, the Jamahiriya used private jets to ferry terrorists and pilot informed the Cyprus airport control centre, then claimed inviolability of its right to fly the in- at 1101 hours, that two Israeli fighter aircraft were ternational airways. intercepting him and demanding that he accom- Ghana stressed that the Council should not even pany them; at 1103 hours, the aircraft’s contact remotely sanction Israel’s act, which potentially with Cyprus airport was broken off. The Syrian threatened international peace and security; how- Arab Republic requested that measures be taken ever justified Israel’s grievance might be, it was to discover the fate of the aircraft and its passengers obliged under the Charter to abjure force and turn 312 Political anti security questions to the Council for assistance in seeking redress. Republic concluded in 1974.(96) A group of The Council should support the many conventions observers from UNTSO assisted UNDOF. protecting civil aviation and should not undermine UNDOF'S main functions continued to be super- them. vising the observance of the cease-fire in the Golan Israel openly confessed to having carried out an Heights area and ensuring that there were no act of air piracy in defiance of international law military forces in the area of separation. The and agreements, the League of Arab States noted. Security Council extended UNDOF' S mandate The Council must impose adequate twice during the year, each time for six months. punishments to deter Israel from carrying out fur- Communications. On 12 March 1986,(97) ther criminal acts likely to endanger international Israel charged the Syrian Arab Republic with ex- peace and security, Morocco said. Similarly, panding its armed services to unprecedented Algeria felt the Council must reject Israel’s at- levels, saying that its vast arsenal already included tempts to spread chaos and insecurity in interna- ground-to-ground and surface-to-air missiles tional airspace, act to thwart the guilty party, which could easily reach Israel’s major cities, and restore international law and revive confidence in that SAM-5 missiles had been moved close to the Council. Israel’s border as well as across the Syrian border Israel’s act contradicted all norms of peaceful with Lebanon. In addition, the Syrian arsenal cur- coexistence of peoples and endangered the inter- rently included over 4,000 tanks, 2,500 pieces of national civil aviation system, the German artillery and over 600 combat aircraft, while its Democratic Republic said, underlining the urgent standing army had increased from five divisions necessity of increased collective efforts to bring in 1982 to nine in 1986. Further, the Syrian Arab about a comprehensive, just and lasting peace. Republic continued supporting and promoting in- The act was further proof of Israel’s policy of ex- ternational terrorism, with terrorists head- pansion and domination which employed State quartered at Damascus recently increasing their terrorism, Yugoslavia stated; urgent and decisive activities. In the light of these developments, im- measures by the international community were mediate action by the international community needed in order to eliminate terrorism as a was necessary. phenomenon threatening peace and security and Responding on 18 March,(98) the Syrian Arab international relations. India regarded Israel’s act Republic said that, to achieve a strategic balance as yet another instance in a lengthy catalogue of and in accordance with its right of self-defence, aggressive policies designed to intimidate its Arab it had endeavoured to build up its own military neighbours. Either the Council joined the globe’s strength. In reiterating its condemnation of inter- entire population against State hijacking and State national terrorism, particularly Zionist terrorism, air piracy, or many more incidents would in- the Syrian Arab Republic declared that it would evitably take place, Iran warned. continue to be keenly concerned about the distinc- Other action. In February 1986, the Council tion between terrorism and national resistance. It of ICAO (see PART II, Chapter X) considered a re- was determined to continue its support of the Arab quest from the Syrian Arab Republic related to resistance based on its commitment towards the the interception of the Libyan aircraft and adopted Arab people in general and the people of Palestine a resolution by which it condemned Israel’s action. and Lebanon in particular. The Council also considered a request from Israel On 18 July,(99) Israel reiterated that the Syrian related to alleged Libyan threats against the safety Arab Republic supported PLO terrorists, par- of civil aviation. ticularly factions based at Damascus and in Syrian-dominated areas of Lebanon. Among acts committed by those factions, Israel cited an at- Israel and the Syrian Arab Republic tempt on 10 July by Palestinians to infiltrate its In 1986, the General Assembly and the Com- northern coast in a rubber dinghy, which was in- mission on Human Rights again dealt with the tercepted by an Israeli naval vessel and forced to situation in the Syrian Golan Heights in the light land off Israel’s border coast with Lebanon; all of Israel’s 1981 decision(95) to impose its laws, four Palestinians were killed in the ensuing bat- jurisdiction and administration on the Israeli- tle. Earlier, on 26 June, at an El Al check-in occupied territories (see p. 317). counter at Barajas Airport at Madrid, Spain, 14 The United Nations Disengagement Observer people were injured, two seriously, when a suit- Force ( UNDOF), with some 1,300 troops as of 1 case exploded; it could have exploded in mid-flight November 1986, provided by Austria, Canada, killing all 100 passengers aboard. Spanish in- Finland and Poland, was deployed between the vestigators had uncovered important links between Israeli and Syrian forces on the Golan Heights in the person involved and the Syrian Arab Republic, accordance with the Agreement on Disengage- Israel said, calling on the international community ment of Forces between Israel and the Syrian Arab to condemn and prevent such acts. Middle East 313

Israel had attempted to use an isolated incident vent incidents. The security fence in the southern to divert attention from terrorism committed by part of the area of separation also continued to be its occupation forces against the Arab people of effective in reducing the number of incidents. New Palestine and the inhabitants of the occupied ter- patrol paths were under construction in the area ritories in the Golan Heights and in southern Leb- of separation. anon, the Syrian Arab Republic alleged on 4 Despite the quiet, the Secretary-General stated, August.(100) The Syrian Government had strongly the Middle East situation as a whole continued condemned the Madrid attack on 9 July and had to be potentially dangerous. He hoped that deter- always made a distinction between national libera- mined efforts would be made to tackle the prob- tion movements, which it supported, and ter- lem in all its aspects, with a view to arriving at rorism. a just and durable peace settlement, as called for by the Security Council in 1973.(103) Peace-keeping operation He considered UNDOF's continued presence essential and recommended-the Syrian Arab UNDOF activities Republic having given its assent and Israel hav- Reports of the Secretary-General. Prior to the ing expressed agreement-in each report that the expiration of the six-month extensions of the man- Council extend the mandate for a further six date of UNDOF, on 31 May and 30 November months. 1986, the Secretary-General submitted reports on the activities of the Force for the periods from 14 SECURITY COUNClL ACTION November 1985 to 14 May 1986(101) and from 15 On 29 May 1986, without debate, the Security May to 12 November 1986.(102) Council unanimously adopted resolution In both reports, the Secretary-General stated 584(1986), extending UNDOF'S mandate until 30 that UNDOF had continued to perform its func- November. tions effectively, with the co-operation of the par- ties. The cease-fire had been maintained and the The Security Council, situation in the Israel-Syria sector had remained Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force, quiet without serious incidents. Decides: Supervision of the area of separation was car- (a) To call upon the parties concerned to implement ried out through static positions and observation immediately Security Council resolution 338(1973); posts manned 24 hours a day, patrols operating (b) To renew the mandate of the United Nations at irregular intervals on predetermined routes, and Disengagement Observer Force for another period of temporary outposts and patrols. Under a pro- six months, that is, until 30 November 1986; gramme undertaken by the Syrian authorities, (c) To request the Secretary-General to submit, at civilians continued returning to the area of separa- the end of this period, a report on the developments in the situation and the measures taken to implement tion; UNDOF adjusted its operations accordingly resolution 338(1973). so as to carry out effectively its supervisory tasks under the Agreement on Disengagement. Security Council resolution 584(1986) 29 May 1986 Meeting 2687 Adopted unanimously In accordance with that Agreement, UNDOF also continued fortnightly inspections of armament Draft prepared in consultations among Council members (S/18109). and forces in the area of limitation, assisted by On 26 November, again without debate, the Coun- liaison officers from the parties. It continued to cil unanimously adopted resolution 590(1986), ex- receive the co-operation of both parties, although tending UNDOF's mandate until 31 May 1987. restricted in movement and inspection in certain areas by both sides. There had, however, been a The Security Council, decrease in such restrictions in recent weeks, the Having considered the report of the Secretary-General Secretary-General reported in November, and on the United Nations Disengagement Observer Force, Decides: UNDOF continued to seek the lifting of the remain- ing restrictions so as to guarantee its freedom of (a) To call upon the parties concerned to implement immediately Security Council resolution 338(1973); access to all locations on both sides. (b) To renew the mandate of the United Nations Mines continued to pose a threat to UNDOF Disengagement Observer Force for another period of members and to the growing population in the six months, that is, until 31 May 1987; area of separation. UNDOF was continuing its ef- (c) To request the Secretary-General to submit, at forts, in consultation with the parties, to make the the end of this period, a report on the developments in area of operation safe. The safety of Syrian the situation and the measures taken to implement shepherds who grazed their flocks close to the resolution 338(1973). separation line continued to be of concern; inten- Security Council resolution 590(1986) sified patrolling of new mine-cleared paths and the 26 November 1986 Meeting 2722 Adopted unanimously establishment of standing patrols helped to pre- Draft prepared in consultations among Council members (S/18481). 314 Political and security questions

Following adoption of each resolution, the Presi- Secretary-General’s estimates for the cost of dent made the following statement on behalf of the UNDOF in 1986/87. Requirements for UNDOF for Council:(104) the 12 months from 1 December 1986 to 30 November 1987 should not exceed $34,800,000 “As is known, the report of the Secretary-General on the United Nations Disengagement Observer Force gross ($34,200,000 net), it stated. It recommended states, in paragraph 25 [of the May report; 24 of the further that the Secretary-General be permitted November report): ‘Despite the present quiet in the the usual flexibility to transfer credits between Israel-Syria sector, the situation in the Middle East items of expenditure, should that be necessary in as a whole continues to be potentially dangerous and the interest of good management and efficiency. is likely to remain so, unless and until a comprehen- On a related matter, ACABQ said it had been in- sive settlement covering all aspects of the Middle East formed that the 1984-1985 interim accounts in- problem can be reached.’ That statement of the dicated for the Special Account for UNEF and Secretary-General reflects the view of the Security UNDOF a “surplus” balance of $1,496,703 for Council.” 1985, representing excess of income over expen- ditures due to interest and miscellaneous credits Composition accrued. However, “income” included assessed As of 1 November 1986, the number of troops contributions irrespective of collectability. Because comprising UNDOF was: Austria 540, Canada 226, of the withholding of contributions by certain Finland 405, Poland 155 and United Nations States, the “surplus” had in effect been drawn on military observers detailed from UNTSO 7, mak- to its full extent. ing a total of 1,333. UNTSO observers assigned to the Israel-Syria Mixed Armistice Commission also GENERAL ASSEMBLY ACTION assisted as required. In December 1986, acting on the recommenda- tion of the Fifth Committee, the General Assembly UNDOF financing adopted two resolutions—41/44 A and B-on the Report of the Secretary-General. In October financing of UNDOF. 1986,(l05) the Secretary-General reported that, as On 3 December, the Assembly adopted resolu- at 30 September, he had received $699.6 million tion 41/44 A by recorded vote. in contributions for UNDOF together with the The General Assembly, United Nations Emergency Force (UNEF) for the Having considered the report of the Secretary-General period from inception to 30 November 1986. The on the financing of the United Nations Disengagement unpaid balance totalled $74.5 million, of which Observer Force, as well as the related report of the Ad- $31.3 million represented amounts apportioned visory Committee on Administrative and Budgetary among Member States which had stated that they Questions, did not intend to pay, and $36 million represented Bearing in mind Security Council resolutions 350(1974) amounts transferred to a Special Account in ac- of 31 May 1974, 363(1974) of 29 November 1974, cordance with a 1981 General Assembly 369(1975) of 28 May 1975, 381(1975) of 30 November resolution.(71) 1975, 390(1976) of 28 May 1976, 398(1976) of 30 November 1976, 408(1977) of 26 May 1977, 420(1977) There was a shortfall of approximately $7.7 of 30 November 1977, 429(1978) of 31 May 1978, million in the UNDOF Special Account in respect 441(1978) of 30 November 1978, 449(1979) of 30 May of the periods from 25 October 1979 to 30 1979, 456(1979) of 30 November 1979, 470(1980) of 30 November 1986; the shortfall arising from the May 1980, 481(1980) of 26 November 1980, 485(1981) previous periods of UNDOF up to 24 October 1979 of 22 May 1981, 493(1981) of 23 November 1981, together with UNEF until its liquidation in 1980 506(1982) of 26 May 1982, 524(1982) of 29 November was estimated at $59.6 million. In the cir- 1982, 531(1983) of 26 May 1983, 543(1983) of 29 cumstances, troop contributors had not been paid November 1983, 551(1984) of 30 May 1984, 557(1984) of 28 November 1984, 563(1985) of 21 May 1985, on time and had not been reimbursed fully in ac- 576(1985) of 21 November 1985, 584(1986) of 29 May cordance with agreed rates; they had continued, 1986 and 590(1986) of 26 November 1986, the Secretary-General said, to convey to him their Recalling its resolutions 3101(XXVIII) of 11 December serious concern over the situation which placed a 1973, 3211 B (XXIX) of 29 November 1974, heavy burden on them. 3374 C (XXX) of 2 December 1975, 31/5 D of 22 For UNDOF operations from 1 June to 30 December 1976, 32/4 C of 2 December 1977, 33/13 D November 1986, commitments amounted to of 8 December 1978, 34/7 C of 3 December 1979, 35/44 $18,282,000 gross ($17,934,498 net), as authorized of 1 December 1980, 35/45 A of 1 December 1980, 36/66 A in 1985.(l06) For operations from 1 December of 30 November 1981, 37/38 A of 30 November 1982, 38/35 A of 1 December 1983, 39/28 A of 30 November 1986 on, the Secretary-General estimated monthly 1984 and 40/59 A of 2 December 1985, costs of $2,900,000 gross ($2,850,000 net). Reaffirming its previous decisions regarding the fact that, ACABQ recommendations. In November in order to meet the expenditures caused by such opera- 75 1986,( ) ACABQ recommended approval of the tions, a different procedure is required from that Middle East 315 applied to meet expenditures of the regular budget of to 30 November 1987, inclusive, should the Security the United Nations, Council decide to continue the Force beyond the period Taking into account the fact that the economically more of six months authorized under its resolution 590(1986), developed countries are in a position to make relatively the said amount to be apportioned among Member larger contributions and that the economically less de- States in accordance with the scheme set out in the pres- veloped countries have a relatively limited capacity to ent resolution; contribute towards peace-keeping operations involving IV heavy expenditures, 1. Stresses the need for voluntary contributions to the Bearing in mind the special responsibilities of the States United Nations Disengagement Observer Force, both permanent members of the Security Council in the fi- in cash and in the form of services and supplies accept- nancing of such operations, as indicated in General able to the Secretary-General; Assembly resolution 1874(S-IV) of 27 June 1963 and 2. Requests the Secretary-General to take all necessary other resolutions of the Assembly, action to ensure that the United Nations Disengagement I Observer Force is conducted with a maximum of effi- Decides to appropriate to the Special Account referred ciency and economy. to in section II, paragraph 1, of General Assembly General Assembly resolution 41/44 A resolution 3211 B (XXIX) the amount of $18,282,000 3 December 1986 Meeting 94 110-3-21 (recorded vote) gross ($17,934,498 net) authorized and apportioned by Approved by Fifth Committee (A/41/919) by recorded vote (82-1-17), 28 November section III of Assembly resolution 40/59 A for the opera- (meeting 38); 10-nation draft (A/C.5/41/L.11, part A); agenda item 120 (a). tion of the United Nations Disengagement Observer Sponsors: Australia, Austria, Canada, Denmark, Fiji, Finland, Ireland. New Zealand, Force for the period from 1 June to 30 November 1986, Norway, Sweden. inclusive; Recorded vote in Assembly as follows: In favour: Antigua and Barbuda, Argentina. Australia, Austria, Bahamas, II Bangladesh, Barbados, Belgium, Bhutan. Bolivia, Botswana, Brazil, Brunei 1. Decides to appropriate to the Special Account an Darussalam, Burkina Faso, Burma, Burundi, Cameroon. Canada, Cape Verde, amount of $17,400,000 for the operation of the United Central African Republic, Chad, Chile, China, Colombia, Costa Rica, Côte d’lvoire, Cyprus, Democrat/c Kampuchea, Denmark, Dominican Republic, Ecuador, Egypt, Nations Disengagement Observer Force for the period Equatorial Guinea, Ethiopia, Fiji. Finland, France, Gabon, Germany, Federal from 1 December 1986 to 31 May 1987, inclusive; Republic of. Ghana. Greece, Grenada. Guinea-Bissau. Guyana. Iceland, India. 2. Decides further, as an ad hoc arrangement, without Indonesia, Ireland, Israel, Italy Jamaica, Japan, Jordan, Kenya, Kuwait, Leba- non, Liberia, Luxembourg, Madagascar, Malawi. Malaysia, Malta, Mauritania, prejudice to the positions of principle that may be taken Mauritius Mexico, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Niger, by Member States in any consideration by the General Norway, Oman, Pakistan, Panama, Peru. Philippines, Poland. Portugal, Qatar, Assembly of arrangements for the financing of peace- Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa. Sao Tome keeping operations, to apportion the amount of $17,400,000 and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden. Thailand, Togo, Trinidad and Tobago, among Member States in accordance with the scheme Tunisia, Turkey, Uganda, United Arab Emirates, United Kingdom, United Republic set out in Assembly resolution 3101(XXVIII) and the of Tanzania, United States, Uruguay. Venezuela. Yugoslavia, Zaire, Zambia. provisions of section II, paragraphs 2 (b) and 2 (c), and Against Albania. Comoros,a Syrian Arab Republic. section V, paragraph 1, of resolution 3374 C (XXX), Abstaining: Algeria, Angola, Benin, Bulgaria, Byelorussian SSR. Cuba, Czech- oslovakia, Democratic Yemen, German Democratic Republic, Hungary, Iraq. Lao section V, paragraph 1, of resolution 31/5 D, section V, People’s Democratic Republic, Libyan Arab Jamahiriya. Maldives Mali, Mongolia. paragraph 1, of resolution 32/4 C, section V, paragraph Seychelles, Ukrainian SSR, USSR, Wet Nam, Yemen. 1, of resolution 33/13 D, section V, paragraph 1, of resolu- aLater advised the Secretariat it had intended to abstain. tion 34/7 C, section V, paragraph 1, of resolution 35/45 A, section V, paragraph 1, of resolution 36/66 A, section The Syrian Arab Republic insisted that the ex- V, paragraph 1, of resolution 37/38 A and section V, penses of Middle East peace-keeping forces should paragraphs 1 and 2, of resolution 39/28 A, in the pro- be borne by Israel, the aggressor. A similar view portions determined by the scale of assessments for the was expressed by Iraq, while, for the same reason, years 1986, 1987 and 1988; Iran did not participate in the vote. 3. Decides that there shall be set off against the ap- The USSR said there was no justification for portionment among Member States, as provided for in the level of the UNDOF budget and the appropria- paragraph 2 above, their respective share in the tions for certain items seemed inflated. estimated income of $10,000 other than staff assessment income approved for the period from 1 December 1986 to 31 May 1987, inclusive; Also on 3 December, the Assembly adopted 4. Decides that, in accordance with the provisions of resolution 41/44 B by recorded vote. its resolution 973(X) of 15 December 1955, there shall The General Assembly, be set off against the apportionment among Member Having regard to the financial position of the Special States, as provided for in paragraph 2 above, their Account for the United Nations Emergency Force and respective share in the Tax Equalization Fund of the the United Nations Disengagement Observer Force, as estimated staff assessment income of $290,000 approved set forth in the report of the Secretary-General, and re- for the period from 1 December 1986 to 31 May 1987, ferring to paragraph 6 of the report of the Advisory inclusive; Committee on Administrative and Budgetary Questions, III Mindful of the fact that it is essential to provide the Authorizes the Secretary-General to enter into com- United Nations Disengagement Observer Force with the mitments for the United Nations Disengagement necessary financial resources to enable it to fulfil its Observer Force at a rate not to exceed $2,900,000 gross responsibilities under the relevant resolutions of the ($2,850,000 net) per month for the period from 1 June Security Council, 316 Political anti security questions

Concerned that the Secretary-General is continuing to Commander of UNDOF, since the latter had relin- face growing difficulties in meeting the obligations of quished his post on 31 May to assume command the Forces on a current basis, particularly those due to of UNIFIL (see p. 308). the Governments of troop-contributing States, The Council President replied on 5 June(108) Recalling its resolutions 33/13 E of 14 December 1978, 34/7 D of 17 December 1979, 35/45 B of 1 December that the Council had that day considered the mat- 1980, 36/66 B of 30 November 1981, 37/38 B of 30 ter in informal consultations and agreed with the November 1982, 38/35 B of 1 December 1983, 39/28 B proposal. of 30 November 1984 and 40/59 B of 2 December 1985, Major-General Welin assumed command on 1 Recognizing that, in consequence of the withholding July. of contributions by certain Member States, the surplus balances in the Special Account for the United Nations Emergency Force and the United Nations Disengage- Israel and Tunisia ment Observer Force have, in effect, been drawn upon to the full extent to supplement the income received from On 13 January 1986,(l09) Tunisia commented contributions for meeting expenses of the Forces, on Israel’s November 1985 letter,(110) which had Concerned that the application of the provisions of rejected the Security Council resolution condemn- regulations 5.2 (b), 5.2 (d), 4.3 and 4.4 of the Financial ing the October 1985 Israeli air raid on a Tunis Regulations of the United Nations would aggravate the suburb.(111) Israel’s accusation that Tunisia had already difficult financial situation of the Forces, failed to live up to its commitment to keep the Decides that the provisions of regulations 5.2 (b), 5.2 peace and was a base for terrorist operations (d), 4.3 and 4.4 of the Financial Regulations of the distorted the facts, Tunisia said. The threat hang- United Nations shall be suspended in respect of the ing over its own security and over that of other amount of $1,496,703, which otherwise would have to countries accused by Israel of harbouring PLO be surrendered pursuant to those provisions, this amount to be entered into the account referred to in the operative structures and missions could not be ignored. part of General Assembly resolution 33/13 E and held Israel’s reply had ignored its obligation; by refus- in suspense until a further decision is taken by the ing to comply with and by excluding itself from Assembly. the obligations involved in the Council’s decisions, Israel was excluding itself from the Organization. General Assembly resolution 41/44 B The Council should not tolerate the situation and 3 December 1986 Meeting 94 115-1-22 (recorded vote) must impose its decision on Israel or else apply Approved by Fifth Committee (A/41/919) by recorded vote (84-1-18), 28 November (meeting 38); 10-nation draft (A/C.5/41/L.11, part 8); agenda item 120 (a). sanctions. Tunisia reserved the right to take any Sponsors: Australia. Austria, Canada. Denmark. Fiji, Finland, Ireland, New Zealand, necessary action required by the situation. Norway, Sweden. Action by the Commission on Human Rights. Recorded vote in Assembly as follows: In a March 1986 resolution on Palestine (see ln favour: Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bar- bados, Belgium, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina p. 270), the Commission on Human Rights con- Faso, Burma, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, demned Israel’s 1985 armed aggression against Tu- Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d’lvoire, Cyprus, Democratic Kampuchea, Denmark, Dominican Republic, Ecuador, Egypt, nisia and the PLO offices there. Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, Germany, Federal Republic of, Ghana, Greece, Grenada, Guatemala, Guinea-Bissau, Guyana, Ice- land, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, REFERENCES Kuwait, Lebanon, Lesotho, Liberia, Luxembourg, Madagascar, Malawi, Malaysia, (1)YUN 1981, p. 275. (2)A/41/L.16. (3)A/41/L.17. (4)A/41/L.18. Malta, Mauritania, Mauritius, Mexico, Morocco, Nepal, Netherlands, New (5)YUN 1985, p. 293. (6)Ibid., p. 295. (7)YUN 1968, p. 17, GA Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Papua New Guinea, res. 2373(XXII). annex, 12 June 1968. (8)S/17965. (9)YUN Peru, Philippines, Portugal, Qatar, Romania, Saint Lucia, Saint Vincent and the 1982, p, 475, SC res. 516(1982), 1 Aug. 1982. (10)A/41/768- Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab S/18427. (11)S/18348. (l2)YUN 1978, p. 312, SC res. 425(1978), Republic,a Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United 19 Mar. 1978. (13)S/18396 & Corr.1. (14)A/41/783 & Corr.1. Arab Emirates, United Kingdom, United Republic of Tanzania, United States, (15)YUN 1985, p. 305. (16)A/41/74-S/17711. (17)YUN 1985, Uruguay, Venezuela, Yugoslavia, Zaire, Zambia. p. 292. (18)A/41/86-S/17731. (19)A/41/115-S/17761. (20)A/41/169- Against; Albania. S/17839. (21)A/41/170-S/17840. (22)A/41/174-S/17860. Abstaining: Algeria, Angola, Benin. Bulgaria. Byelorussian SSR. Cuba, Czech- (23)A/41/203-S/17901. (24)A/41/204-S/17902. (25)A/41/188- oslovakia, Democratic Yemen, German Democratic Republic, Hungary. Iraq, Lao S/17898. (26)A/41/259-S/17963. (27)A/41/286-S/17998. People’s Democratic Republic, Libyan Arab Jamahiriya, Maldives, Mali, Mongolia, (28)A/41/646-S/18363. (29)A/41/647-S/18364. (30)S/18368. Poland, Seychelles, Ukrainian SSR, USSR, Viet Nam. Yemen. a (31)A/41/725-S/18414. (32)A/41/847-S/18461. (33)A/41/966- Later advised the Secretariat it had intended to vote against. S/18520. (34)E/1986/22 (res. 1986/43). (35)S/17717. (36)S/17730/Rev.2. (37)YUN 1982, p. 450, SC res. 508(1982) UNDOF The financing of should be borne en- & 509(1982), 5 & 6 June 1982. (38)S/17976. (39)A/41/269- tirely by the Zionist entity, Iraq said. S/17977. (40)A/41/394-S/18128. (41)A/41/399-S/18133 & Corr.1. (42)S/18138. (43)S/18153. (44)A/41/413-S/18159. (45)A/41/441- S/18197. (46)A/41/475. (47)S/18287. (48)A/41/603-S/18338. Change of Commander (49)S/18370. (50)A/41/721-S/18411. (51)A/41/811-S/18452. On 2 June 1986,(107) the Secretary-General in- (52)A/42/79-S/18569. (53)S/18492. (54)A/41/13. (55)YUN 1978, formed the Security Council that, subject to the p. 296. (56)YUN 1982, p. 428. (57)S/17968. (58)YUN 1948-49, p. 185. (59)YUN 1978, p. 312, SC res. 425(1978) & 426(1978), usual consultations, he intended to appoint Major- 19 Mar, 1978. (60)S/18164. (61)S/18164/Add.1 & Corr.1. General Gustaf Welin, of Sweden, to replace (62)S/18202. (63)S/18318. (64)S/18320. (65)YUN 1978, p. 301. Major-General Gustav Hägglund, of Finland, as (66)Ibid, p, 312, SC res. 426(1978), 19 Mar. 1978. (67)S/18353. Middle East 317

(68)S/18358. (69)A/41/642-S/18362. (70)S/18439. (71)YUN 1981, In October 1986, the Secretary-General noted p. 1299, GA res. 36/116 A, 10 Dec. 1981. (72)YUN 1979, that there was a wide measure of agreement within p. 352, GA res. 34/9 D, 17 Dec. 1979. (73)YUN 1985, p. 321, the international community that a negotiated set- GA res. 40/246 A, 18 Dec. 1985. (74)Ibid, p. 1212, GA res. 40/254, 18 Dec. 1985. (75)A/41/820. (76)YUN 1981, p. 285. tlement of the Middle East conflict included (77)S/18032. (78)S/18033. (79)A/41/132-S/17785. (80)A/41/135- withdrawal of Israeli forces from Arab territories S/17792. (81)S/17787. (82)S/17798. (83)S/17801. (84)A/41/138- occupied since June 1967. Until such a settlement S/17797. (85)S/17795. (86)A/41/139-S/17799. (87)S/17805. was reached, it was of great importance that the (88)A/41/155-S/17810. (89)S/17807. (90)S/17791. (91)S/17802. (92)S/17796/Rev.1. (93)YUN 1973, p. 249. (94)Ibid., p. 253, SC parties should avoid any actions that could increase res. 337(1973), 15 Aug. 1973. (95)YUN 1981, p. 308. (96)YUN tension. 1974, p, 198. (97)A/41/212-S/17913. (98)A/41/220-S/17923. The Security Council met in December to con- (99)A/41/476-S/18229. (100)A/41/500-S/18260. (101)S/18061. (102)S/18453. (103)YUN 1973, p. 213, SC res. 338(1973), 22 sider the worsening situation in the occupied ter- Oct. 1973. (104)S/18111, S/18487. (105)A/41/705. (l06)YUN 1985, ritories and adopted resolution 592(1986), by p. 317, GA res. 40/59 A 2 Dec. 1985. (107)S/18135. which it strongly deplored the firing by the Israeli (108)S/18136. (109)S/17735. (110)YUN 1985, p. 290. (111)Ibid., army on students and called on Israel to abide by p. 287, SC res. 573(1985), 4 Oct. 1985. the fourth Geneva Convention and to release any persons detained as a result of events at Bir Zeit University in the occupied West Bank. The Coun- cil further called on all parties to exercise max- Territories occupied by Israel imum restraint and avoid violent acts. Earlier, in January, the Council also considered During 1986, the situation in the territories oc- the situation in the territories, when it met follow- cupied by Israel as a result of previous armed con- ing two incidents at the A1-Aqsa Mosque in flicts in the Middle East was again considered by Jerusalem (see p. 274). the General Assembly and its Special Committee Communications (March-November). The to Investigate Israeli Practices Affecting the Chairman of the Committee on Palestinian rights, Human Rights of the Population of the Occupied on 24 March 1986,(l) informed the Secretary- Territories (Committee on Israeli practices). The General of the Committee’s concern over Israel’s Committee reviewed information gathered from having again refused travel permits to Palestinians a variety of sources, including oral testimony and living in the territories to attend a United written communications, about developments in Nations-sponsored meeting, in this case permits the territories, and assessed the human rights for representatives of the Family Welfare Society situation with a view to deciding whether any ac- in the West Bank and the Palestine Red Crescent tion was required. The territories comprised the Society in the Gaza Strip to attend the preparatory West Bank of the Jordan River (including East meeting for the International Meeting on the Jerusalem), the Golan Heights and the Gaza Strip. Question of Palestine for Non-Governmental The General Assembly, in December, adopted Organizations (Geneva, 6 and 7 March). In the seven resolutions dealing with specific aspects of Committee’s opinion, those measures were not the Committee’s report: it demanded that Israel based on security considerations but rather aimed desist from certain policies and practices in the ter- at barring international exposure of conditions in ritories (41/63 D); that it comply with the 1949 the territories and at preventing a meaningful Geneva Convention relative to the Protection of dialogue among the various forces devoted to a Civilian Persons in Time of War (fourth Geneva peaceful solution, including the Palestinians Convention) (41/63 B); that it desist from any ac- themselves; such discriminatory measures violated tion which would change the legal status and com- the right to freedom of movement and could only position of the Palestinian and other Arab ter- make the search for a peaceful solution ever more ritories occupied since 1967 (41/63 C), including difficult. On behalf of the Committee, the Chair- the Golan Heights (41/63 F); that it rescind its ac- man appealed to the Secretary-General to do all tion against Palestinian detainees and release them in his power to ensure that in future Israel would immediately (41/63 A); that it rescind the expul- not prevent Palestinians from participating in sion of Palestinian leaders, some of whom had meetings organized by the Committee. been in public office (41/63 E); and that it ensure On 23 June,(2) Jordan transmitted information the freedom of educational institutions (41/63 G). alleging attacks and violations by Israeli occupy- The Commission on Human Rights, in ing authorities and settlers against the area of Tel February, also condemned Israeli policies and A1-Ramida and its mosque in the occupied town practices in the territories and declared once more of A1-Khalil (Hebron), which, Jordan said, were that Israel’s 1981 decision to impose its laws, part of a series of operations directed against Holy jurisdiction and administration on the Syrian Places in the Arab territories, in violation of in- Golan Heights was null and void and without legal ternational law governing foreign occupation and validity. in disregard of human rights, freedom of religion 318 Political and security questions

and the principle of the inviolability of places of Israeli soldiers. On the same date, PLO reported worship. knife attacks by Israelis on three Palestinians in the By a letter of 24 June,(3) Jordan transmitted in- Gaza Strip, which were said to have taken place formation on what it said were Israeli coloniza- on 19 and 20 October. On 5 November, PLO alleged tion activities in the occupied Arab territories (see that Israel had decided to move a potentially haz- p. 329) during May, pointing out that such a ardous butane-gas storage plant in West Jerusalem policy ran counter to international efforts aimed to a Palestinian neighbourhood north of the city, at bringing about a just and comprehensive Mid- because of pressure from Jewish residents; the pro- dle East solution. posed plant could well be a potential target for Zionist On 17 September,(4) Iraq transmitted a PLO settler terrorists, PLO said. On the same date, PLO letter of the previous day, charging Israel with charged that, on 25 October, 30 Israeli settlers had planning to confiscate 4,000 dunums of Palestin- stormed the yard of a Palestinian high school in ian land to add to the Israeli settlement of Ariel, Jerusalem’s Old City, claiming that Palestinian which, PLO said, was built on 30,000 dunums con- students had thrown stones at them. Also on 5 fiscated from Palestinian villages. Most of the November, PLO charged Israel with harassing a Pal- 4,000 dunums were currently used as olive groves estinian from the Ramallah area who refused to and wheat fields and their confiscation would have his land and home illegally confiscated. Similar mean the end of the livelihood of the villages of harassment of a 70-year-old resident of the village Salfit and Iskaka. With 3,000 dunums being con- of Sharafat whose home was demolished by Israeli fiscated from three other villages, land confiscated authorities was reported in a letter dated 6 November. in the Nablus area during the summer of 1986 Action by the Commission on Human Rights. would amount to 7,000 dunums. PLO urged the By a 20 February resolution, adopted by a roll- Secretary-General and the Security Council to end call vote of 29 to 7, with 6 abstentions,(7) the Israel’s latest offensive against Palestinians. Commission on Human Rights reaffirmed that oc- By a 9 October letter, forwarded by Oman on cupation itself constituted a fundamental violation 10 October,(5) PLO alleged that Israeli authorities of the rights of the population of the occupied ter- were covering up the death of a 30-year-old Pales- ritories and denounced Israel’s continued refusal tinian, who had been found dead near the Israeli to allow the Committee on Israeli practices access. settlement of Ramat Rahel on 15 August; Israel It reiterated that Committee’s deep concern that had refused to release the coroner’s report and Israel’s policy was based on the so-called “Home- claimed that he had blown himself up while land” doctrine which envisaged a monoreligious preparing an explosive device. This was the fifth (Jewish) State that included territories occupied time in the past one and a half years, PLO con- by Israel since June 1967, and the Committee’s tinued, that Israel had attributed mysterious Pal- affirmation that that policy not only denied the estinian deaths to such a cause and in each case population their right to self-determination but there had not been any clear evidence. PLO called was also a source of continuing and systematic on the Secretary-General to try to end summary human rights violations. executions of Palestinians. The Commission reaffirmed that Israel’s con- On 12 November,(6) Qatar transmitted seven let- tinuous breaches of the fourth Geneva Convention ters from PLO, charging Israel with increasingly and of the Additional Protocols to the 1949 Geneva repressive measures against the Palestinians in the Conventions were war crimes and an affront to territories. On 3 November, PLO called on the humanity. It rejected and reiterated its condem- Secretary-General to intervene to stop the depor- nation of Israel’s decision to annex Jerusalem and tation of the editor-in-chief of the Arab daily Al- to change the physical character, demographic Shaab. On 4 November, PLO charged that, during composition, institutional structure or status of the the previous evening, 50 armed Israeli soldiers had territories, including Jerusalem, and considered broken into the home of the Vice-President of Bir all those measures and their consequences null and Zeit University and attacked student residences, void. It condemned Israel’s attempts to subject the arresting scores of Palestinian students whose West Bank and the Gaza Strip to Israeli laws, as whereabouts were unknown; at the same time, well as all terrorist actions against the Palestinian soldiers had attacked student residences of Bethlehem inhabitants of the territories by Jewish gangs and University, arresting 30 students and taking them other racist Zionists. It condemned Israeli policies to Al-Fara’a prison. In addition, the home of the and practices, administrative and legislative President of the Student Council was broken into; measures to promote and expand the establish- those attacks, PLO said, came in the wake of an ment of settler colonies in the territories, and a Israeli military order that Bethlehem University number of other specific practices. be closed for a week after students had held a The Commission called on Israel to return im- memorial service commemorating the 1956 massacre mediately the displaced Arab inhabitants to their of 47 Palestinian villagers from Kafr Kassem by property in Palestine and other occupied ter- Middle East 319 ritories, and the municipal chiefs to their To examine information on the situation since municipalities so that they could resume the func- its previous report of August 1985,(10) the Com- tions for which they had been elected. It called on mittee held three series of meetings: from 2 to 6 Israel to release all Arabs detained as a result of December 1985 in New York, to examine com- their struggle for self-determination and, pending munications concerning individual cases of alleged release, to accord them protection as prisoners of human rights violations and hear testimonies of war, demanding that it cease all acts of ill- witnesses who had just returned from the ter- treatment of Arab detainees. ritories where they had looked into cases of expul- The Commission urged Israel to refrain from sion orders against a number of civilians; and from policies in the territories that violated human 21 April to 1 May 1986 at Geneva and Amman, rights and reiterated its call to States and inter- Jordan, to examine information on further national bodies not to recognize the changes car- developments and hear testimonies of persons liv- ried out by Israel in the territories: including ing in the West Bank and the Gaza Strip. Follow- Jerusalem, and to avoid any action aiding Israel ing an exchange of correspondence between the in its annexation and colonization. The Commis- Committee Chairman and the Secretary-General sion requested the Assembly, through the (letters of 27 April and 8 May), a procedure was Economic and Social Council, to recommend to agreed to permit consultations among the Com- the Security Council the adoption of measures mittee members in order to enable them to con- against Israel under Chapter VII of the Charter sider, complete and approve the report without the for its persistent human rights violations. The formal two-week session originally scheduled for Secretary-General was requested to give the Com- August; accordingly, they met at Geneva from 8 mission’s resolution the widest possible publicity. to 10 September when they adopted the report. By another resolution of the same date, the The Committee agreed to address itself to Commission reaffirmed the applicability of the Egypt, Israel, Jordan, the Syrian Arab Republic fourth Geneva Convention to the occupied ter- and PLO, to seek their co-operation. While Israel ritories (see p. 326). Also on 20 February, the continued to withhold its co-operation and the Commission adopted a resolution on human rights Committee was precluded from visiting the oc- in occupied Syrian territory (see p. 335). cupied territories, the Committee followed the In a 10 March resolution dealing with various situation there on a day-to-day basis through aspects of the Palestine question (see p. 270), the reports appearing in the Israeli and Palestinian Commission condemned Israel’s continued oc- press; in addition, it examined several communica- cupation of the Palestinian and other Arab ter- tions and reports from Governments, organiza- ritories, including Jerusalem, in violation of the tions and individuals in the territories. United Nations Charter, international law and At Amman, the Committee was received by Jor- United Nations resolutions, and demanded Israel’s dan’s Minister of Occupied Territories Affairs and immediate withdrawal, adding that Israeli occupa- was presented with reports prepared by the tion of the territories constituted the major obstacle Ministry. It also received from PLO a series of hindering the Palestinians’ right to self- reports and statistics. determination. The Commission condemned On 17 June, the Syrian Arab Republic ex- Israel’s aggression and practices against Palesti- pressed regret that the Committee’s meetings were nians in and outside the territories. being shortened and that the Committee had not By another resolution, adopted on 11 March by visited the Republic as scheduled, which prevented a roll-call vote of 28 to 6, with 5 abstentions,(8) it from hearing first-hand witnesses from the the Commission similarly condemned Israel and Golan Heights where Israeli occupation its policies which, in the Commission’s view, con- authorities had intensified their repressive prac- stituted grave violations of the Charter, the tices. On 7 August, the Syrian Arab Republic Universal Declaration of Human Rights and transmitted a report on Israeli practices against United Nations resolutions; it also condemned the Syrian population of the Heights, prepared by Israel for its persistence in colonizing the ter- its Foreign Ministry. ritories. Israel’s policy resulted in escalating violence, Report of the Committee on Israeli practices. upon which Israel adopted its so-called iron-fist In its annual report to the General Assembly,(9) policy marked by new security arrangements in adopted on 10 September 1986, the Committee on the territories, which again led to an aggravation Israeli practices presented information on Israeli of tension between IDF and the population, policy in the occupied territories and on aspects leading in some instances to complaints and strikes of the situation there, including information on an- by the latter. Among Israel’s repressive measures nexation and settlements, treatment of civilians were various forms of harassment which provoked and detainees, and measures affecting fundamen- serious injuries or death to civilians, an extension tal freedoms. of the practice of reprisal and collective punish- 320 Political and security questions ment, and the demolition or sealing off of houses consequences that would flow from the establish- of suspects. Other measures included a further up- ment by Israel of additional settlements in the ter- surge of house and town arrests, seriously hinder- ritories which, more than any other single factor, ing freedom of movement, as well as increases in contributed to doubts in the minds of many about expulsions and deportations. The deportation pro- its readiness to negotiate a peace settlement that cedure implemented by the authorities left no op- would require its withdrawal. At the same time, portunity for the deportees to examine allegations the Secretary-General added, peace efforts would presented against them. Freedom of expression be enhanced if there was a lessening of violent in- was curtailed by censorship, closure of newspapers cidents, which all too frequently involved innocent and restriction of movement of Palestinian jour- lives and of which there had been some par- nalists. Freedom of education was restricted ticularly terrible examples during the period under through arbitrary dismissal or deportation of review. school and university teachers, repression cam- In another October report,(12) submitted in re- paigns and arrests of teachers and students, as well sponse to a 1985 General Assembly resolution,(13) as closing of schools and universities. the Secretary-General stated that he had contin- The period covered by the report had been ued to provide the Committee on Israeli practices marked by increases in arrests and administrative with facilities it required and that an additional detention orders (see p. 328). The report also con- staff member and temporary assistance staff had tained information on Israel’s policy purporting been made available to it. To ensure the widest cir- to return municipalities in the territories to their culation of the Committee’s 1985 report, 10 press local leaders (see p. 331). releases had been issued while it was being con- The overall picture drawn from the information sidered by the Assembly. The Committee’s work examined by the Committee revealed a further had been given radio news coverage in a variety deterioration of the situation as regards the enjoy- of languages, which had had to be reduced, how- ment of human rights and fundamental freedoms. ever, owing to the suspension of short-wave broad- Provisions of the fourth Geneva Convention, the casts resulting from the United Nations financial main international instrument applying to the oc- emergency; references to its work were also con- cupied territories, continued to be disregarded. As tained in the tenth edition of Everyone’s United Na- annexation continued without respite, repressive tions, published in June 1986, and in the Yearbook measures and harassment imposed an increasingly of the United Nations. In connection with the Inter- heavy burden on the population, whereas arbitrary national Day of Solidarity with the Palestinian expulsion of Palestinians was swelling the hundreds People on 29 November, issues covered in the of thousands still outside the territories who were Committee’s report were widely disseminated denied the right to return. through a DPI pamphlet, a Committee represen- The Committee again stressed the international tative participated in a commemorative meeting community’s responsibility to reverse that situa- organized by the Information Service at Geneva, tion and appealed to the parties concerned to pre- the Service provided coverage of the Committee’s vent further deterioration and to ensure an effec- work, and United Nations information centres tive protection of the basic rights of the civilians highlighted the Palestine question in their newslet- in the territories. ters, often specifying the Committee’s activities. Reports of the Secretary-General. In an Oc- tober 1986 report on various aspects of the Mid- GENERAL ASSEMBLY ACTION dle East situation,(“) the Secretary-General stated On 3 December, on the recommendation of the that there was continued tension in the Israeli- Special Political Committee, the General occupied territories, with frequent violent in- Assembly adopted, by recorded vote, resolution cidents in varying form and degree. As long as a 41/63 D on the report of the Committee on Israeli settlement was not reached, the situation would practices. remain unstable and, if the deadlock in the peace process was allowed to persist, there was a grave The General Assembly, danger that major hostilities would break out Guided by the purposes and principles of the Charter again. of the United Nations and by the principles and provi- There was a wide measure of agreement within sions of the Universal Declaration of Human Rights, Bearing in mind the provisions of the Geneva Conven- the international community that a comprehen- tion relative to the Protection of Civilian Persons in sive Middle East settlement should include Israeli Time of War, of 12 August 1949, as well as of other rele- withdrawal from the territories, the Secretary- vant conventions and regulations, General noted; in the mean time, it was of great Recalling all its resolutions on the subject, in particular, importance that the parties should avoid any ac- resolutions 32/91 B and C of 13 December 1977, tions that could increase tension. The Secretary- 33/113 C of 18 December 1978, 34/90 A of 12 December General expressed particular concern about the 1979, 35/122 C of 11 December 1980, 36/147 C of 16 Middle East 321

December 1981, 37/88 C of 10 December 1982, 38/79 D (h) Pillaging of archaeological and cultural property; of 15 December 1983, 39/95 D of 14 December 1984 and (i) Destruction and demolition of Arab houses; 40/161 D of 16 December 1985, (j) Collective punishment, mass arrests, ad- Recalling also the relevant resolutions adopted by the ministrative detention and ill-treatment of the Arab Security Council, by the Commission on Human population; Rights, in particular its resolutions 1983/1 of 15 February (k) Ill-treatment and torture of persons under 1983, 1984/1 of 20 February 1984, 1985/1 A and B and detention; 1985/2 of 19 February 1985, 1986/1 A and B and 1986/2 (l) Interference with religious freedoms and prac- of 20 February 1986, and by other United Nations tices as well as family rights and customs; organs concerned and by the specialized agencies, (m) Interference with the system of education and Having considered the report of the Special Committee with the social and economic and health development to Investigate Israeli Practices Affecting the Human of the population in the Palestinian and other occupied Rights of the Population of the Occupied Territories, Arab territories; which contains, inter alia, self-incriminating public (n) Interference with the freedom of movement of statements made by officials of Israel, the occupying individuals within the Palestinian and other occupied Power, Arab territories; 1. Commends the Special Committee to Investigate (o) Illegal exploitation of the natural wealth, Israeli Practices Affecting the Human Rights of the resources and population of the occupied territories; Population of the Occupied Territories for its efforts in 9. Strongly condemns, in particular, the following Israeli performing the tasks assigned to it by the General policies and practices: Assembly and for its thoroughness and impartiality; (a) Implementation of an “iron-fist policy” against 2. Deplores the continued refusal by Israel to allow the inhabitants of the occupied territories since 4 August the Special Committee access to the occupied territories; 1985; 3. Demands that Israel allow the Special Committee (b) Ill-treatment and torture of children and minors access to the occupied territories; under detention and/or imprisonment; 4. Reaffirms the fact that occupation itself constitutes (c) Closure of headquarters and/or offices of trade a grave violation of the human rights of the civilian unions and harassment of trade union leaders; population of the occupied Arab territories; (d) Interference with the freedom of the press in- 5. Condemns the continued and persistent violation cluding censorship, closure and suspension of by Israel of the Geneva Convention relative to the Pro- newspapers and magazines; tection of Civilian Persons in Time of War, of 12 August 10. Condemns also the Israeli repression against and 1949, and other applicable international instruments, closing of the educational institutions in the occupied and condemns in particular those violations which the Syrian Golan Heights, particularly the prohibition of Convention designates as “grave breaches” thereof; Syrian textbooks, Syrian educational system, the 6. Declares once more that Israel’s grave breaches of deprivation of Syrian students from pursuing their that Convention are war crimes and an affront to higher education in Syrian universities, the denial of the humanity; right to return to Syrian students receiving their higher 7. Reaffirms, in accordance with the Convention, that education in the Syrian Arab Republic, the forcing of the Israeli military occupation of the Palestinian and Hebrew on Syrian students, the imposition of courses other Arab territories is of a temporary nature, thus giv- that promote hatred, prejudice and religious intolerance ing no right whatsoever to the occupying Power over the and the dismissal of teachers, all in clear violation of territorial integrity of the occupied territories; the Geneva Convention; 8. Strongly condemns the following Israeli policies and 11. Strongly condemns the arming of Israeli settlers in practices: the occupied territories to commit acts of violence (a) Annexation of parts of the occupied territories, against Arab civilians and the perpetration of acts of including Jerusalem; violence by these armed settlers against individuals, (b) Imposition of Israeli laws, jurisdiction and ad- causing injury and death and wide-scale damage to Arab ministration on the Syrian Golan Heights, which has property; resulted in the effective annexation of that territory; 12. Reaffirms that all measures taken by Israel to (c) Illegal imposition and levy of heavy and change the physical character, demographic composi- disproportionate taxes and dues; tion, institutional structure or legal status of the occupied (d) Establishment of new Israeli settlements and ex- territories, or any part thereof, including Jerusalem, are pansion of the existing settlements on private and public null and void, and that Israel’s policy of settling parts Arab lands, and transfer of an alien population thereto; of its population and new immigrants in the occupied (e) Eviction, deportation, expulsion, displacement territories constitutes a flagrant violation of the Geneva and transfer of Arab inhabitants of the occupied ter- Convention and of the relevant resolutions of the United ritories and denial of their right to return; Nations; (f) Confiscation and expropriation of private and 13. Demands that Israel desist forthwith from the public Arab property in the occupied territories and all policies and practices referred to in paragraphs 8, 9, 10 other transactions for the acquisition of land involving and 11 above; the Israeli authorities, institutions or nationals on the 14. Calls upon Israel, the occupying Power, to take one hand and the inhabitants or institutions of the oc- immediate steps for the return of all displaced Arab and cupied territories on the other; Palestinian inhabitants to their homes or former places (g) Excavation and transformation of the landscape of residence in the territories occupied by Israel since and the historical, cultural and religious sites, especially 1967, in implementation of Security Council resolution at Jerusalem; 237(1967) of 14 June 1967; 322 Political and security questions

15. Urges international organizations, including the General Assembly resolution 41/63 D specialized agencies, in particular the International 3 December 1986 Meeting 95 114-2-36 (recorded vote) Labour Organisation, to continue to examine the con- Approved by Special Political Committee (A/41/750) by recorded vote (93-2-25). ditions of Arab workers in the Palestinian and other oc- 20 November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, India. In- cupied Arab territories, including Jerusalem; donesia. Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, Senegal (A/SPC/41/L.23); agenda item 71. 16. Reiterates its call upon all States, in particular those Financial implications. 5th Committee, A/41/920; S-G, A/C.5/41/55, A/SPC/41/L.27. States parties to the Geneva Convention, in accordance Meeting numbers. GA 41st session: 5th Committee 38; SPC 27-32; plenary 95. with article 1 of that Convention, and upon international Recorded vote in Assembly as follows organizations, including the specialized agencies, not to In favour Afghanistan, Albania, Algeria, Angola, Argentina, Bahamas, Bahrain, recognize any changes carried out by Israel in the oc- Bangladesh, Benin. Bhutan, Bolivia, Botswana. Brazil. Brunei Darussalam. cupied territories and to avoid actions, including those Bulgaria, Burkina Faso, Burma, Burundi, Byelorussian SSR. Cape Verde, Cen- tral African Republic, Chad, China, Colombia, Congo, Cuba, Cyprus, Czecho- in the field of aid, which might be used by Israel in its slovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Ecuador, Egypt, pursuit of the policies of annexation and colonization Ethiopia, Gabon, German Democratic Republic, Ghana. Greece, Guatemala, or any of the other policies and practices referred to in Guinea, Guinea-Bissau. Guyana, Haiti, Honduras,. Hungary, India, Indonesia. Iran, the present resolution; Iraq, Jamaica, Jordan, Kenya, Kuwait. Lao People’s Democratic Republic, Leba- non. Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia. Maldives, Mali, 17. Requests the Special Committee, pending early Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, termination of Israeli occupation, to continue to in- Nicaragua, Niger. Nigeria, Oman, Pakistan, Panama. Papua New Guinea, vestigate Israeli policies and practices in the Arab ter- Paraguay, Peru. Philippines Poland, Qatar, Romania, Rwanda, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands ritories occupied by Israel since 1967, to consult, as ap- Somalia, Spain. Sri Lanka. Sudan, Suriname, Syrian Arab Republic, Thailand, propriate, with the International Committee of the Red Togo, Trinidad and Tobago, Tunisia. Turkey. Uganda, Ukrainian SSR, USSR, Cross in order to ensure the safeguarding of the welfare United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu. Venezuela. and human rights of the population of the occupied ter- Viet Nam, Yemen, Yugoslavia. Zambia, Zimbabwe. ritories and to report to the Secretary-General as soon Against; Israel. United States. Abstaining: Antigua and Barbuda, Australia, Austria. Barbados Belgium, Cam- as possible and whenever the need arises thereafter; eroon. Canada. Costa Rica, Côte d’lvoire, Denmark, Dominican Republic, El 18. Requests the Special Committee to continue to in- Salvador, Equatorial Guinea, Fiji, Finland, France, Germany, Federal Republic vestigate the treatment of civilians in detention in the of, Grenada, Iceland. Ireland, Italy, Japan. Liberia, Luxembourg, Malawi, Netherlands New Zealand. Norway. Portugal, Saint Christopher and Nevis Saint Arab territories occupied by Israel since 1967; Lucia. Saint Vincent and the Grenadines, Swaziland, Sweden, United Kingdom, 19. Condemns Israel’s refusal to permit persons from Zaire. the occupied territories to appear as witnesses before the Special Committee and to participate in conferences and Paragraph 6 was adopted by a separate recorded meetings held outside the occupied territories; vote both in plenary (86 to 22, with 40 abstentions) 20. Requests the Secretary-General: and in Committee (73 to 18, with 25 abstentions). (a) To provide all necessary facilities to the Special The Committee also approved paragraph 22 by Committee, including those required for its visits to the a recorded vote of 117 to 2. occupied territories, so that it may investigate the Israeli policies and practices referred to in the present Israel regarded the text as the summum attainable resolution; in cynicism and hypocrisy, pointing out that the (b) To continue to make available additional staff as Arabs in the territories were becoming one of the may be necessary to assist the Special Committee in the most advanced ethnic groups in the Middle East, performance of its tasks; with high living standards attained with Israeli (c) To ensure the widest circulation of the reports of help; while life in the territories was far from ideal, the Special Committee and of information regarding its problems arising from the conflict should not be activities and findings, by all means available, through exaggerated. Even in the most tense security situa- the Department of Public Information of the Secretariat and, where necessary, to reprint those reports of the tions, Israel constantly monitored itself and Special Committee that are no longer available; remedied whatever infringements it found. Speak- (d) To report to the General Assembly at its forty- ing on all seven texts adopted under the agenda second session on the tasks entrusted to him in the pres- item, Israel rejected them as yet another political ent paragraph; exercise in propaganda and warmongering, car- 21. Requests the Security Council to ensure Israel’s ried out in disregard of the facts, justice and com- respect for and compliance with all the provisions of the mon sense. Israel could not receive any commit- Geneva Convention relative to the Protection of Civil- tee whose mandate was based on resolutions which ian Persons in Time of War, of 12 August 1949, in the ultimately called for the elimination of Israel. Palestinian and other Arab territories occupied since 1967, including Jerusalem, and to initiate measures to The United States, believing that the text was halt Israeli policies and practices in those territories; one-sided and polemical and could inflame an 22. Calls upon Israel, the occupying Power, to allow already embittered situation, particularly regret- the reopening of the Roman Catholic Medical Facility ted charges such as the ill-treatment of children Hospice at Jerusalem in order to continue to provide and minors under detention and objected to the needed health and medical services to the Arab popula- expense the Special Committee imposed on the tion in the city; United Nations budget. 23. Decides to include in the provisional agenda of its forty-second session the item entitled “Report of the Sweden, although supporting most of the Special Committee to Investigate Israeli Practices Af- substantive provisions, in particular the condem- fecting the Human Rights of the Population of the Oc- nation of the various Israeli policies and practices cupied Territories”. in paragraphs 8 and 9, was not convinced that all Middle East 323 their formulations were fully justified by proven facts; Bureau of the Movement of Non-Aligned Countries, con- as the text also went beyond the Assembly’s com- tained in document S/18501, petence, it was unable to support it. Austria, de- Recalling the Geneva Convention relative to the Pro- spite supporting paragraph 22, abstained on the tection of Civilian Persons in Time of War, of 12 August text as a whole because of certain formulations. 1949, Seriously concerned about the situation in the Palestin- Peru had reservations about paragraph 9 (b). Speak- ian and other Arab territories occupied by Israel since ing on all seven texts adopted under the agenda item, 1967, including Jerusalem, Argentina expressed reservations to certain formula- Bearing in mind the specific status of Jerusalem, tions that, it felt, were in no relation to the substance 1. Reaffirms that the Geneva Convention relative to of those texts and might lead to misinterpretations. the Protection of Civilian Persons in Time of War is ap- Communication (4 December). The United Arab plicable to the Palestinian and other Arab territories oc- Emirates forwarded a 4 December letter to the Presi- cuped by Israel since 1967, including Jerusalem; dent of the Security Council,(14) in which PLO 2. Strongly deplores the opening of fire by the Israeli charged that Israel had fired on students from Bir army resulting in the death and the wounding of defenceless students; Zeit University, killing three and wounding one 3. Calls upon Israel to abide immediately and critically; 15 others had been transferred to hospitals scrupulously by the Geneva Convention relative to the where several were kidnapped by Israeli troops and Protection of Civilian Persons in Time of War; taken to unknown destinations. Ramallah and Bir 4. Further calls upon Israel to release any person or per- Zeit had been declared military zones, out of bounds sons detained as a result of the recent events at Bir Zeit to the press, and 500 Israeli troops were roaming University in violation of the above-mentioned Geneva the streets; at Bir Zeit University, 200 students re- Convention; mained under siege by Israeli troops. In view of 5. Also calls on all concerned parties to exercise max- those measures, PLO sought immediate action. imum restraint, to avoid violent acts and to contribute towards the establishment of peace; 6. Requests the Secretary-General to report to the Coun- SECURITY COUNCIL ACTION cil on the implementation of the present resolution not The Security Council held one meeting on 5 later than 20 December 1986.

December and three more on 8 December to con- Security Council resolution 592(1986) sider the situation in the occupied territories, as 6 December 1986 Meeting 2727 14-0-1 requested on 4 December by Zimbabwe on behalf 5-nation draft (S/18506/Rev.1). 15 of the Movement of Non-Aligned Countries.( ) The Sponsors: Congo, Ghana, Madagascar. Trinidad and Tobago, United Arab Emirates Council invited Egypt, Israel, Jordan, Kuwait, Meeting numbers. SC 2724-2727. Morocco, the Syrian Arab Republic and Zimbabwe, Vote in Council as follows: ln favour: Australia, Bulgaria, China, Conga, Denmark, France. Ghana, Madagascar. at their request, to participate in the discussion without Thailand, Trinidad and Tobago, USSR, United Arab Emirates, United Kingdom, the right to vote. Also invited to participate, under Venezuela. rule 39f of the Council’s provisional rules of pro- Against: None. Abstaining: United States. cedure, were the Chairman of the Committee on Palestinian rights and the Permanent Observer of Speaking on behalf of the non-aligned countries, the League of Arab States, the latter at the request Zimbabwe said that at a time when maximum re- of the United Arab Emirates.(16) straint and care were demanded-to avoid un- Also at the request of the United Arab necessary spread of violence and death-the Israeli Emirates,(17) the Council decided, by 10 votes to 1 response had been to provoke more violence and (United States), with 4 abstentions (Australia, Den- inflict more death on Palestinians. The students had mark, France, United Kingdom), that an invita- been demonstrating against occupation and op- tion to participate be accorded to a representative pressive Israeli practice, Jordan stated; Israel was of PLO. The invitation, though not made pursuant attempting to disrupt and undermine academic life to rule 37g or rule 39 of the rules of procedure, con- at Bir Zeit University because it considered education ferred on PLO the same rights as those conferred to be one element preserving the national identity on Member States when invited pursuant to rule 37. of the Arabs under occupation. Continued Israeli Before the vote, the United States reiterated its occupation and its accompanying policies were the opposition to the granting of hearings to persons reasons for the increased violence and tension. speaking on behalf of non-governmental entities, According to PLO, the Israeli army had erected except on the basis of rule 39 (see p. 275). some check-points outside the Bir Zeit University On 8 December, the Council adopted resolution campus and a faculty member had been stopped 592(1986). for almost 90 minutes; he had insisted on his right to enter the campus. Some of his students had come The Security Council, to inquire about the situation. An argument had Having considered the letter dated 4 December 1986 from the Permanent Representative of Zimbabwe to the United fSee footnote a on p. 275. Nations, in his capacity as the Chairman of the Co-ordinating gSee footnote b on p. 275. 324 Political and security questions ensued which resulted in the death of two people cil must reaffirm Israel’s responsibility to ensure and the wounding of a third who was still in very the protection of the inhabitants and their in- critical condition. The faculty member had been terests. Speaking for the Arab Group, Kuwait ex- arrested and was being held at an unknown destina- pected the Council to discharge its duties in ac- tion; his safety and return should also be one of cordance with the Charter; the time had come for the Council’s responsibilities. Israeli troops had bro- the international community to put an end to ken into the hospitals and arrested students wounded Israel’s expansionist policies. in the incident. Israel planned both to evacuate and The tragic developments of 4 December and the to eliminate the Arab population of Palestine. acts of violence drew attention to the urgent need On 4 December, several hundred students rioted to bring about a comprehensive, lasting and just outside the old campus of Bir Zeit University, Middle East settlement, said France, expressing Israel said. Simultaneously, other students blocked a view shared by many speakers during the debate. off all traffic on several roads, including the cen- Among them, Bulgaria said the very dangerous tral artery leading from the Judaean mountains turn of events required the Organization to take to the coastal plain. There were other orchestrated urgent and effective measures to bring about a disruptions in the Ramallah area, timed to begin Middle East peace. Several countries, among them at the same moment. A small IDF contingent, Bulgaria and the USSR, believed that an inter- which rushed to the scene, was greatly out- national conference was the best or only means to numbered by hundreds of rioters who attacked it arrive at a comprehensive settlement. The Coun- with rocks, metal rods and flying objects. IDF tried cil could help calm the situation by reaching agree- without success to disperse the mob with tear-gas, ment on the convening of an international peace shots in the air and rubber bullets. The soldiers, conference, Jordan stated; until that was achieved, in danger of being killed, directed fire at the the Council must deal with Israel’s practices. rioters; regrettably, several of them were injured, The only ones to benefit from a worsening of two fatally. The rioters attempted to prevent am- the current tense atmosphere on the West Bank bulances and medical aid rushed in by the would be extremists on both sides, the United authorities from reaching the wounded, who were Kingdom believed; it was incumbent on Israel to evacuated subsequently to the Ramallah hospital. ensure that its administration was indeed as Academic freedom, Israel stressed, was not a benign as it claimed. licence to riot and did not include the disruption As long as Israel did not withdraw from the ter- of public order, the threats that were issued or the ritories, similar events would occur, the Syrian violence. Over the years, PLO had mounted an all- Arab Republic warned. The recent events con- out effort to subvert the academic purpose of the tributed to an escalation of violence which was part universities and to turn them into centres of in- of Israel’s plan to Judaize the territories, Morocco citement, extremism and terror. Israel had acted said; more than ever, it was necessary for the in- at Bir Zeit to pacify a situation deliberately pro- ternational community to halt that escalation. voked by PLO. The 4 December incident was part Similarly, the Permanent Observer of the League of a larger effort by PLO—which had been rapidly of Arab States believed that the various incidents losing ground everywhere-to restore its position; were a pattern flowing from a policy designed to the well-orchestrated incitement had been in- establish the ultimate Israel, which incorporated tended to re-establish Fatah’s dominance over its the occupied territories. rival factions within PLO. Communications (8-16 December). Meeting Israel’s action must be condemned in the urgently to consider developments in the territories strongest possible terms and its arrogance curbed and the situation at the Palestinian refugee camps by measures under Chapter VII of the United Na- in Lebanon (see p. 290), the non-aligned countries tions Charter, Zimbabwe said. issued a communique on 8 December(18) in which China believed that the Council should take they condemned Israel for its murder of defenceless urgent measures to check Israel’s atrocities and de- students and its brutality against the population mand that Israel immediately implement the of Ramallah, Bir Zeit and other areas, and reiterated fourth Geneva Convention. In the opinion of the their call for United Nations action, including sanc- USSR, Israel’s actions called for firm condemna- tions against Israel, so as to end its occupation of tion and for adoption of measures necessary to pre- Palestinian and other Arab territories. vent their recurrence. The Secretary-General of the Organization of Ghana called for a resolution which would con- the Islamic Conference, in a statement made on demn the shooting, request the release of all de- 7 December at Jiddah, Saudi Arabia, and tainees, and call for respect by Israel of the fourth transmitted by Morocco the following day,(19) Geneva Convention, for its withdrawal from the strongly protested the shooting and wounding of territories and for respect of the international Palestinian students at Bir Zeit University and ex- character of Jerusalem. In Egypt’s view, the Coun- pressed support for the call of the non-aligned and Middle East 325 other countries for urgent Security Council action the assailants had been arrested. Investigations into to end the repression. other casualties caused by the disturbances were The Chairman of the Committee on Palestin- continuing. In the week starting 15 December, calm ian rights, in a 16 December letter,(20) reported fur- had been restored as a result of co-operation be- ther incidents in the territories from 8 to 14 tween the Israeli authorities and the local population. December, including shooting at Palestinian students, The Secretary-General had received letters from arrests of demonstrators, closing of the old campus other concerned parties. of Bir Zeit University, curfews and even the stor- On 17 December, Jordan conveyed its opinion ming of hospitals to arrest wounded Palestinians; of the resolution, saying that it approved the pream- since 5 December, Israeli forces were said to have bular part and paragraphs 1 to 4 and 6. Concern- arrested 580 Palestinians. In the light of those grave ing paragraph 5, it felt that by calling on all par- developments, the Chairman appealed to the ties to exercise restraint, no distinction was made Secretary-General to do all in his power to ensure between victim and aggressor or between legitimate that Israel implemented the Council’s 8 December resistance and repressive acts of violence by the oc- resolution. cupation authorities; neither was there distinction Report of the Secretary-General. As requested between occupation authorities, who were responsible by the Council, the Secretary-General reported on for protecting the civilian population under the fourth 20 December on the implementation of its resolu- Geneva Convention, and the population subjected tion,(21) which had been cabled to Israel im- to attacks by Israeli religious fanatics, armed residents mediately after adoption. of Israeli settlements and Israeli military forces. On 18 December, Israel orally informed him that Before and after the 5 December Council meeting, it regarded the resolution as negative and one-sided, Israeli residents of West Jerusalem had attacked in- and that it considered it absurd that PLO, which dividuals and the property of Arab residents in oc- had provoked the disturbances, should have caused cupied Arab Jerusalem without any serious or the matter to be brought before the Council. With decisive steps being taken by Israel to halt those reference to paragraph 3, Israel stated that its con- attacks which, as a result, became increasingly wide- tinuing policy was to implement all the humanitarian spread and serious, putting additional pressure on principles embodied in the 1949 Geneva Conven- the Arab population. The events at Jerusalem, tions on a de facto basis, but it did not consider those Nablus, Bir Zeit, Gaza, Khan Yunis, the refugee Conventions legally applicable to the territories in camps and other parts of the territories demonstrated question. With regard to paragraph 4, Israel stated unequivocally the use of live ammunition by the that all those who had been arrested would be occupation authorities against defenceless Arab brought to trial under due process of law; figures citizens and the arbitrary behaviour of the authorities for the numbers arrested or still in detention were in their intention to terrorize and subjugate the not available. population. Israel further informed the Secretary-General that The disavowal by the authorities of any respon- in the week beginning 8 December further distur- sibility for protecting the population and their prop- bances had taken place in “Judaea, Samaria and erty should not obscure the fact that occupation itself the Gaza disctrict” resulting from “PLO elements” and the population’s refusal to accept it were the trying to disrupt normal civil life. IDF had exer- heart of the problem. In view of that, Jordan was cised restraint, but had been obliged to intervene, of the opinion that the Council should convene an especially to keep communications open. In some international peace conference on the Middle East, cases, rubber bullets had been used and only in the with a view to achieving a just and durable settle- most severe cases when IDF lives had been at risk ment through implementation of the Council’s had live bullets been fired. All suspected law-breakers resolutions and realization of the Palestinians’ had been arrested; some had since been freed, others legitimate rights. had been tried and still others were under investiga- In two letters of 11 December, PLO charged Israel tion. The main trouble centres had been the univer- with a number of violations of the resolution and sities where “PLO elements” had been particularly of the Convention, saying that Israel had intensified active; those of Bir Zeit and An Najah had been its repression, killing four Palestinians, wounding closed for one week. “Masked terrorists” had tried scores of others and arresting a great number. PLO to disrupt normal life by forcing shop-owners to close called on the Secretary-General and the Council their shops and IDF had intervened to open them to pressure Israel to ensure its respect for the Con- at the owners’ request; when “terror elements” had vention and to end its repressive measures. tried to enter Gaza schools, IDF had stopped them at the parents’ request. An Israeli civilian had been stabbed in Jerusalem on 11 December, the mayor Fourth Geneva Convention of Qabatiyeh on 14 December and an Israeli sol- The General Assembly and the Commission on dier in Ramallah on 18 December; in the last case, Human Rights reaffirmed again in 1986 that the 326 Political and security questions

Geneva Convention relative to the Protection of grave breaches of the Convention and the 1977 Ad- Civilian Persons in Time of War, of 12 August 1949 ditional Protocols(24) were war crimes and an af- (fourth Geneva Convention), applied to the Israeli- front to humanity. It reiterated its call to States, occupied territories. The Convention, which re- particularly those party to the Convention, not to mained the main international instrument in recognize any changes carried out by Israel in the humanitarian law that applied to the occupied ter- territories, including Jerusalem. ritories, continued to be disregarded, the Commit- In a third resolution,(25) the Commission tee on Israeli practices concluded in its annual re- deplored Israeli practices in the occupied Golan port.(9) Israel’s policy of annexation and Heights (see p. 335), stating that they also violated establishment of settlements was a flagrant viola- the Convention. tion of its obligations under the Convention. The Report of the Secretary-General. In October Committee’s report also contained information 1986,(26) the Secretary-General informed the from former prisoners who alleged that the treat- Assembly that no reply had been received from ment of detainees continued to contradict the Con- Israel in response to his February request that vention. Israel inform him of steps taken or envisaged to During the year, communications were sent to implement the 1985 resolution in which the the Secretary-General or the President of the Assembly strongly demanded that Israel Security Council charging Israel with infringing acknowledge and comply with the fourth Geneva various aspects of the Convention. Convention in the occupied territories.(27) Communications. In a 5 February letter(22) charging Israel with deporting three Palestinians GENERAL ASSEMBLY ACTION from the territories to Israel (see p. 330), the On 3 December 1986, acting on the recommen- Chairman of the Committee on Palestinian rights dation of the Special Political Committee, the said the three Palestinians could not expect to get General Assembly adopted by recorded vote a fair trial, as the Israeli High Court had decided resolution 41/63 B on the report of the Commit- to disallow defence arguments based on the ap- tee on Israeli practices. plicability of the fourth Geneva Convention to the occupied territories. The General Assembly, Recalling Security Council resolution 465(1980) of 1 Charges of Israeli practices violating the Con- March 1980, in which. inter alia, the Council affirmed vention were, among others, made by PLO in a 3 that the Geneva Convention relative to the Protection November letter,(6) according to which the editor- of Civilian Persons in Time of War. of 12 August 1949. in-chief of the Arabic daily Al-Shaab had been ar- is applicable to the Arab territories occupied by Israel rested and was to be deported. A number of in- since 1967, including Jerusalem, cidents which had occurred in the territories dur- Recalling also its resolutions 3092 A (XXVIII) of 7 ing December-including the shooting at December 1973, 3240 B (XXIX) of 29 November 1974. Palestinian demonstrators, the closing of the old 3525 B (XXX) of 15 December 1975, 31/106 B of 16 campus of Bir Zeit University and schools, and December 1976. 32/91 A of 13 December 1977. 33/113 A of 18 December 1978, 34/90 B of 12 December 1979, arrests of hospitalized Palestinians-were cited by 35/122 A of 11 December 1980, 36/147 A of 16 December the Chairman of the Committee on Palestinian 1981, 37/88 A of 10 December 1982, 38/79 B of 15 rights on 16 December(20) as violations of the December 1983, 39/95 B of 14 December 1984 and Convention. 40/161 B of 16 December 1985, Action by the Commission on Human Rights. Taking note of the report of the Secretary-General of By a resolution adopted on 20 February 1986 by 7 October 1986, a roll-call vote of 32 to 1, with 9 abstentions,(23) Considering that the promotion of respect for the obliga- the Commission on Human Rights reaffirmed that tions arising from the Charter of the United Nations and other instruments and rules of international law is among the fundamental human rights as established by the basic purposes and principles of the United Nations, international law and set forth in international in- Bearing in mind the provisions of the Geneva Con- struments remained applicable in cases of armed vention, conflict, and that the fourth Geneva Convention Noting that Israel and the Arab States whose territories applied to all the occupied territories, including have been occupied by Israel since June 1967 are par- Jerusalem. It condemned Israel’s failure to ties to the Convention, acknowledge that applicability and expressed con- Taking into account that States parties to the Conven- cern at the consequences, and called on Israel to tion undertake, in accordance with article 1 thereof, not abide by the United Nations Charter and the Con- only to respect but also to ensure respect for the Con- vention in all circumstances, vention. Other provisions of the resolution dealt 1. Reaffirms that the Geneva Convention relative to with Palestinian detainees and prisoners (see the Protection of Civilian Persons in Time of War, of p. 327). 12 August 1949, is applicable to the Palestinian and other In another resolution of the same date, (7) the Arab territories occupied by Israel since 1967, including Commission reaffirmed that Israel’s continuous Jerusalem; Middle East 327

2. Condemns once again the failure of Israel, the oc- vention, as well as other relevant aspects of cupying Power, to acknowledge the applicability of the humanitarian laws and norms, on a de facto basis. Convention to the territories it has occupied since 1967, including Jerusalem; 3. Strongly demands that Israel acknowledge and com- ply with the provisions of the Convention in the Pales- Palestinian detainees tinian and other Arab territories it has occupied since The General Assembly in 1986 again demanded 1967, including Jerusalem; that Israel release immediately all Palestinians de- 4. Urgently calls upon all States parties to the Con- tained or imprisoned as a result of their struggle vention to exert all efforts in order to ensure respect for for self-determination. A similar request was made and compliance with its provisions in the Palestinian and by the Commission on Human Rights. other Arab territories occupied by Israel since 1967, in- Communication. Oman, as Chairman of the cluding Jerusalem; Arab Group, transmitted a 6 October letter from 5. Requests the Secretary-General to report to the (28) General Assembly at its forty-second session on the im- PLO, charging Israel with subjecting Palestin- plementation of the present resolution. ian political prisoners to inhuman practices and unhealthy conditions. At the beginning of the General Assembly resolution 41/63 B month, PLO said, Palestinian political prisoners in 3 December 1986 Meeting 95 145-1-6 (recorded vote) Kfar Yona prison (Beit Lydd) had gone on a Approved by Special Political Committee (A/41/750) by recorded vote (113-1-5), 20 hunger-strike in protest against those practices and November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, Egypt, India, Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, conditions, which included daily beatings, physical Senegal (A/SPC/41/L.21); agenda item 71. and verbal abuse, and the spraying of cells with Meeting numbers. GA 41st session: SPC 27-32; plenary 95. tear-gas. The intentional neglect of prison condi- Recorded vote in Assembly as follows: tions had caused the spread of various contagious In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, skin diseases which posed a serious health hazard, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina but Israel refused to respond to requests for im- Faso, Burma, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Cen- tral African Republic, Chad, Chile, China, Colombia, Congo, Cuba, Cyprus, Czech- proved conditions and medical treatment. Other oslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, requests from detainees included a decrease in cell Dominican Republic, Ecuador, Egypt, Ethiopia, Fiji, Finland, France, Gabon, Ger- occupancy, the removal of sheet iron from doors man Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, and windows to allow better air circulation, the Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, removal of metal nets in visiting areas and access Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, to newspapers and books. To protest those condi- Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, tions, the prisoners had gone on a hunger-strike, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, which in Hebron had started on 26 September, Rwanda, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the in Ramallah on 20 September and in Nablus on Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, 11 September. Singapore, Solomon Islands, Somalia, Spam, Sri Lanka, Sudan, Surmame, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Action by the Commission on Human Rights. Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United In its 20 February resolution(23) by which it reaf- Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire,a Zambia, Zimbabwe. firmed the applicability of the fourth Geneva Con- Against: Israel. vention to the occupied territories, the Commis- Abstaining: Costa Rica, Cote d'lvoire, El Salvador, Equatorial Guinea, Liberia, sion on Human Rights strongly condemned Israel United States. a Later advised the Secretariat it had intended to abstain. for its ill-treatment and torture of Palestinian de- tainees and prisoners and urged it to grant prisoner- Before voting on the text as a whole, both the of-war status to all captured Palestinian fighters. Assembly and the Committee adopted paragraph It requested Israel to release all Arabs detained as 1 by separate recorded votes, of 148 to 1, with 1 a result of their struggle for self-determination and abstention, and 117 to 1, respectively. to accord them the protection envisaged in the in- The United States said it firmly supported ap- ternational instruments concerning the treatment plication of the Convention to the occupied ter- of prisoners of war, and demanded that it cease tor- ritories and had therefore requested the vote on ture and ill-treatment of Arab detainees and paragraph 1; it abstained, however, on the text as prisoners. The Commission strongly condemned a whole because it retarded a solution of the very Israel for deporting liberated Palestinian prisoners problems it claimed to address. Moreover, it in contravention of the agreement for the exchange regarded the phrase "Palestinian and other Arab of prisoners, and called on it to refrain from doing territories occupied by Israel since 1967, including so and to enable those who had been deported to Jerusalem" as being merely demographically and return to their homeland and property. It urged geographically descriptive but not indicative of Israel to co-operate with ICRC and allow it to visit sovereignty. Palestinian detainees in Israeli prisons. Although it refused to recognize non-existent In a resolution of 11 March(8) the Commission sovereignties, Israel said, it would continue to again condemned Israel for its detention of Palesti- apply all the humanitarian provisions of the Con- nians in the territories. 328 Political and security questions

Report of the Committee on Israeli practices. been found guilty of the following: organization In its annual report to the General Assembly(9) of and participation in subversive activities; the Committee on Israeli practices considered in- organization of hostile propaganda and incitement formation concerning arrests, trials and sentences. to violence; conspiracy with the intent to commit It noted that, during the period covered by its re- a felony (hijacking of a bus); and attempts to so- port, there had been a marked increase in arrests licit and engage others in criminal acts. Abu Eain's and administrative detention orders. Many Pal- guilt had been established in due process of law, estinian civilians, including minors, had been the Israel continued, and he was sentenced to 33 subject of sentences passed by military courts on months in jail with an additional 21-month con- security charges; in contrast, members of the ditional sentence. Therefore, Israel rejected the Jewish underground and other Israelis charged 1985 Assembly resolution and continued to believe with murder or mistreatment of Arab civilians had that the item should be dropped from the been treated with relative leniency. The report also Assembly's agenda. contained information given to it by former prisoners who alleged that the treatment of de- GENERAL ASSEMBLY ACTION tainees continued to contradict the Geneva Con- On 3 December 1986, acting on the recommen- vention. Particularly preoccupying was the prob- dation of the Special Political Committee, the lem of detained minors submitted to humiliating General Assembly adopted by recorded vote practices in detention camps; other problems in- resolution 41/63 A on the report of the Commit- cluded overcrowding of cells, physical and tee on Israeli practices. psychological mistreatment and lack of adequate health services. Such bad conditions, the Commit- The General Assembly, tee stated, constantly gave rise to hunger-strikes. Recalling its resolutions 38/79 A of 15 December 1983, 39/95 A of 14 December 1984 and 40/161 A of 16 Report of the Secretary-General. In July December 1985, 1986(29) the Secretary-General reported on im- Taking note of the report of the Special Committee to plementation of the 1985 resolution by which the Investigate Israeli Practices Affecting the Human Rights General Assembly had demanded the release of of the Population of the Occupied Territories, Ziyad Abu Eain and other Palestinians.(30) In Taking note also of the report of the Secretary-General reply to his February 1986 request that Israel in- of 21 July 1986, 1. Calls upon Israel to release all Arabs arbitrarily de- form him of steps taken or envisaged to implement tained or imprisoned as a result of their struggle for self- the resolution, Israel stated on 2 July that its posi- (31) determination and for the liberation of their territories; tion had been set out during the debate on it. 2. Notes the initial release of Palestinian prisoners Paragraph 1, in which the Assembly called for a on 20 May 1985; release of all Arabs detained or imprisoned as a 3. Deplores the Israeli subsequent arbitrary detention result of their struggle for self-determination and or imprisonment of hundreds of Palestinians; liberation of their territories, was illogical and con- 4. Demands that the Government of Israel, the oc- tradicted the rule of law; it would have Israel re- cupying Power, rescind its action against the detainees lease murderers such as Samir Kuntar, a Pales- and imprisoned Palestinians and release them im- tinian terrorist who in 1979 had burst into an mediately; 5. Requests the Secretary-General to report to the apartment at Nahariya and murdered a five-year- General Assembly as soon as possible but not later than old girl by smashing her head with a rock. Reject- the beginning of its forty-second session on the im- ing that paragraph, Israel said all people im- plementation of the present resolution. prisoned by it underwent a fair trial and had been General Assembly resolution 41/63 A proved to be criminals through a court of law. 3 December 1986 Meeting 95 108-2-34 (recorded vote) Equating them with those seeking political redress Approved by Special Political Committee (A/41/750) by recorded vote (83-2-29), not only emphasized the extent to which the 20 November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, Egypt, India, Assembly had fallen victim to the contorted Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, Senegal (A/SPC/41/L.20); agenda item 71. language of extremists, but also undermined the Meeting numbers. GA 41st session: SPC 27-32; plenary 95. rule of law and justice. Recorded vote in Assembly as follows: With regard to Ziyad Abu Eain, Israel said he In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bo- was a convicted murderer who had planted a tswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, bomb in the town square of Tiberias which killed Byelorussian SSR, Cape Verde, Central African Republic, Chad, China, Congo, two children and wounded many others. On 20 Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Ger- May 1985, Abu Eain had been released from jail man Democratic Republic, Ghana, Guatemala, Guinea, Guinea-Bissau, Guyana, as a result of a prisoner exchange; instead of pur- Honduras, Hungary, India, Indonesia, Iran, Iraq, Jordan, Kenya, Kuwait, Lao Peo- ple's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahinya, suing a peaceful way of life, however, he almost Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, immediately engaged in preparing new criminal Mongolia, Morocco, Mozambique, Nicaragua, Niger, Oman, Pakistan, Panama, acts and was arrested and indicted. On 24 July Papua New Guinea, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, (32) Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Solomon Islands, 1986 Israel reported that on 21 July he had Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Togo, Middle East 329

Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Rights strongly condemned Israel's measures to Yemen, Yugoslavia, Zambia, Zimbabwe. promote and expand the establishment of settler Against: Israel, United States. colonies there. In a resolution of 11 March(8) it Abstaining: Australia, Austria, Belgium, Cameroon, Canada, Costa Rica, Cote d'lvoire, Denmark, Equatorial Guinea, Fiji, Finland, France, Germany, Federal condemned Israel for persisting in its colonization Republic of, Greece, Grenada, Iceland, Ireland, Italy, Jamaica, Japan, Liberia, of the territories. Luxembourg, Malawi, Nepal, Netherlands, New Zealand, Norway, Portugal, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Spain, Sweden, United Report of the Committee on Israeli practices. Kingdom. In its October 1986 report to the General Assembly(9) the Committee on Israeli practices Israel remarked that the text would give ter- concluded that Israel's policy continued to be rorists even more rights than were provided for in based on the principle that the territories occupied the 1949 Geneva Convention relative to the Treat- in 1967 were part of the State of Israel; this was ment of Prisoners of War by simply calling for their at the source of Israel's annexation and settlements automatic release, regardless of charges against policy which constituted a flagrant violation of them. Year after year the sponsors had been Israel's international obligations. Israel had pur- endeavouring to bring the international com- sued its annexation policy, continuing with the munity to condone implicitly blind terrorism by same determination as in previous years to upgrading the status of terrorists from common establish and extend its settlements in the ter- criminals to that of regular combatants and by ritories. The implementation of the so-called granting them more rights than uniformed Major Jerusalem Project, aiming at annexation military personnel; such measures were intended and Judaization of an area representing 8 per cent to support terrorism. of the occupied West Bank, the allocation by the Although opposing the practice of ad- Knesset of substantial sums for the expansion of ministrative detention, the United States voted settlements, the inauguration of new ones, and the against the text, saying it gave the unacceptable illegal expropriation and seizure of Arab land appearance of condoning acts of terrorism. which had given rise in the West Bank to a vast Sweden was unable to support the text because network of fraudulent land deals all illustrated the of what it considered the sweeping formulation in importance Israel attached to that policy, the Com- paragraph 1, which it felt left the field open for mittee added. The Committee's report also con- potentially dubious interpretations. Austria also tained information on settlers' activities affecting had reservations regarding that paragraph's the civilian population. wording. Reports of the Secretary-General. In October Related resolution: GA 41/69 I. 1986(36) the Secretary-General reported that no reply had been received from Israel with regard to his February request that it inform him of steps Israeli settlements taken or envisaged to implement the General Israel's practice of establishing or expanding set- Assembly's 1985 demand that it desist from tak- tlements in the occupied territories was again the ing any action which would result in changing the (37) subject of a 1986 resolution, in which the General status or composition of the territories (11) Assembly repeated its demand that Israel desist Also in October the Secretary-General ex- from measures designed to change the status and pressed particular concern about the consequences composition of the territories. that would flow from the establishment by Israel Communications. In several letters during of additional settlements which, he believed, con- 1986, Jordan informed the Secretary-General of tributed to doubts in the minds of many about Israeli settlement activity in the occupied ter- Israel's readiness to negotiate a peace settlement ritories. On 11 February(33) it detailed such ac- that would require its withdrawal from the ter- tivity during the final four months of 1985, stress- ritories. ing the danger of the continuation of such a policy for peace and security and for regional peace pro- GENERAL ASSEMBLY ACTION spects. On 24 June(3) the Secretary-General's at- On 3 December 1986, acting on the recommen- tention was drawn to Israeli practices during May, dation of the Special Political Committee, the which included the expulsion of Arab inhabitants General Assembly adopted by recorded vote and confiscation of their lands; that policy, Jor- resolution 41/63 C on the report of the Commit- dan added, ran counter to international peace ef- tee on Israeli practices. forts. Similar activities during July, August and September were reported in letters of 17 The General Assembly, (34) (35) Recalling Security Council resolution 465(1980) of 1 September and 15 October March 1980, Action by the Commission on Human Rights. Recalling also its resolutions 32/5 of 28 October 1977, In a 20 February resolution on human rights in 33/113 B of 18 December 1978, 34/90 C of 12 December the territories(7) the Commission on Human 1979, 35/122 B of 11 December 1980, 36/147 B of 16 330 Political and security questions

December 1981, 37/88 B of 10 December 1982, 38/79 C Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Por- tugal, Qatar, Romania, Rwanda, Saint Vincent and the Grenadines, Samoa, Sao of 15 December 1983, 39/95 C of 14 December 1984 and Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon 40/161 C of 16 December 1985, Islands, Somalia, Spam, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Expressing grave anxiety and concern at the present serious Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic situation in the Palestinian and other occupied Arab ter- of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, ritories, including Jerusalem, as a result of the contin- Zambia, Zimbabwe. ued Israeli occupation and the measures and actions Against: Israel. taken by Israel, the occupying Power, designed to change Abstaining: Costa Rica, Cote d'lvoire, Equatorial Guinea, Saint Lucia, United the legal status, geographical nature and demographic States. composition of those territories, Israel did not consider the establishment of Taking note of the report of the Secretary-General of 7 October 1986, Jewish villages to be an impediment to peace, but Confirming that the Geneva Convention relative to the on the contrary as conducive to mutually beneficial Protection of Civilian Persons in Time of War, of 12 coexistence between Arabs and Jews. Although the August 1949, is applicable to all Arab territories occupied United States did not favour increased Israeli set- since June 1967, including Jerusalem, tlements in the territories, it said it abstained 1. Determines that all such measures and actions taken because the text diverted efforts into unproduc- by Israel in the Palestinian and other Arab territories tive legal debate and away from the real task of occupied since 1967, including Jerusalem, are in viola- promoting peace through negotiations. tion of the relevant provisions of the Geneva Conven- tion relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and constitute a serious Expulsion of Palestinians obstacle to the efforts to achieve a comprehensive, just and lasting peace in the Middle East and therefore have In 1986, the General Assembly and the Com- no legal validity; mission on Human Rights again called on Israel 2. Strongly deplores the persistence of Israel in carry- to allow Palestinian officials to return, in particular ing out such measures, in particular the establishment the Mayor of Halhul and the Sharia Judge of of settlements in the Palestinian and other occupied Arab Hebron, so that they could resume their functions. territories, including Jerusalem; Israel had deported the Judge and the Mayors of 3. Demands that Israel comply strictly with its inter- Halhul and Hebron, the latter having since died, national obligations in accordance with the principles in 1980(38) on the ground that they had of international law and the provisions of the Geneva Convention; systematically engaged in inciting the local Arab 4. Demands once more that Israel, the occupying Power, population to acts of violence and subversion, desist forthwith from taking any action which would re- abusing their public offices. sult in changing the legal status, geographical nature Communications. On 6 February 1986,(39) the or demographic composition of the Palestinian and other United Arab Emirates transmitted a letter of 4 Arab territories occupied since 1967, including February from PLO, bringing to the Security Jerusalem; Council President's attention the expulsion by 5. Urgently calls upon all States parties to the Geneva Israel of three Palestinian detainees, thereby con- Convention to respect and to exert all efforts in order travening the fourth Geneva Convention which did to ensure respect for and compliance with its provisions in all Arab territories occupied by Israel since 1967, in- not allow deportations from occupied territory. cluding Jerusalem; The Chairman of the Committee on Palestin- (22) 6. Requests the Secretary-General to report to the ian rights, in a 5 February letter conveyed fur- General Assembly at its forty-second session on the im- ther information concerning the deportation plementation of the present resolution. orders against the three Palestinians—AH Abu General Assembly resolution 41/63 C Hilal, member of the Executive Committee of the 3 December 1986 Meeting 95 145-1-5 (recorded vote) General Confederation of Palestinian Trade Approved by Special Political Committee (A/41/750) by recorded vote (115-1-3), 20 Unions; Azmi Al-Shuaibi, elected member of the November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, Egypt, India, El-Bireh Municipal Council (dissolved by the Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, Senegal (A/SPC/41/L.22); agenda item 71. Israeli occupation authorities in 1982); and Hassan Meeting numbers. GA 41st session: SPC 27-32; plenary 95. Abdul Jawad Farrarjeh, journalist and head of the Recorded vote in Assembly as follows: Dheisheh refugee camp youth centre (closed by In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- Israel in 1983). The three had withdrawn their tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina High Court appeals against their deportation Faso, Burma, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Cen- orders, the letter stated, as they felt that they could tral African Republic, Chad, Chile, China, Colombia, Congo, Cuba, Cyprus, Czech- not expect a fair trial in Israel; under Israeli law, oslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, defence lawyers were not allowed to view evidence Gabon, German Democratic Republic, Germany, Federal Republic of, Ghana, against their clients which judges believed would Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jor- harm Israeli intelligence networks in the ter- dan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Li- ritories. Moreover, the High Court had decided beria, Libyan Arab Jamahinya, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mo- to disallow defence arguments that were based on zambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Oman, the applicability of the fourth Geneva Convention Middle East 331 to the territories. According to The Jerusalem Post elected councils had in most cases been dissolved of 26 January, the military government had served and replaced by members of the Israeli civilian ad- deportation orders on four other West Bank ministration. Israel's appeal for the appointment Palestinians; if implemented, the number of of new Arab mayors, received with suspicion by Palestinians expelled from the territories since the the civilian population as to the real motives summer of 1985 would amount to 29. Reiterating behind it, and followed by the killing on 2 March its deep concern at those measures, the Commit- of the appointed Mayor of Nablus, had not tee said they only heightened tension and resulted in any significant move. presented a serious obstacle to international ac- tion for a just and lasting Middle East solution. GENERAL ASSEMBLY ACTION Report of the Secretary-General. In July On 3 December 1986, acting on the recommen- 1986(40) the Secretary-General reported on im- dation of the Special Political Committee, the plementation of a 1985 General Assembly resolu- General Assembly adopted by recorded vote tion(41) demanding that Israel rescind the expul- resolution 41/63 E on the report of the Commit- sion of the Mayor of Halhul, the Sharia Judge of tee on Israeli practices. Hebron and other Palestinian leaders. In February 1986, he said, he had requested Israel to inform The General Assembly, him of any steps it had taken or envisaged to im- Recalling Security Council resolutions 468(1980) of 8 May 1980, 469(1980) of 20 May 1980 and 484(1980) of plement that resolution and, on 2 July, Israel had (42) 19 December 1980, reiterated its previous position It charged that Recalling also its resolutions 36/147 D of 16 December Muhammed Milhem, one of the expelled Mayors, 1981, 37/88 D of 10 December 1982, 38/79 E of 15 currently residing in Jordan, continued to supply December 1983, 39/95 E of 14 December 1984 and arms and explosives to PLO terrorists; in March 40/161 E of 16 December 1985, 1985, he had taken part in planning attacks in the Taking note of the report of the Secretary-General of Jenin area of Samaria and, in April of that year, 16 July 1986, a special PLO terrorist unit had been sent from Deeply concerned at the expulsion by the Israeli military Yemen to the Wahdat refugee camp at Amman occupation authorities of the Mayor of Halhul, the Mayor of Hebron who has since died, the Sharia Judge and placed at Milhem's disposal. A few days later, of Hebron and, in 1985 and 1986, other Palestinians, after a meeting of the PLO military council in Tu- Alarmed by the expulsion of many Palestinian leaders nisia, Milhem and two notorious PLO terrorists, from the occupied Palestinian territories by the Israeli Abu Tayeb and Abu Muatassem, had met at military occupation authorities in 1985 and 1986, Amman to plan an attack in Tel Aviv. The 1985 Recalling the Geneva Convention relative to the Pro- resolution, Israel added, displayed a biased and tection of Civilian Persons in Time of War, of 12 August distorted picture of the events surrounding the 1949, in particular article 1 and the first paragraph of expulsions; in the light of the described article 49, which read as follows: developments, it proved to be even more "Article 1 preposterous in its assertions and, as it was based "The High Contracting Parties undertake to re- on erroneous assumptions, it should be dropped spect and to ensure respect for the present Conven- from the Assembly's agenda. tion in all circumstances." Report of the Committee on Israeli practices. "Article 49 During its April/May visit to Amman, the Com- "Individual or mass forcible transfers, as well as mittee on Israeli practices was presented with a deportations of protected persons from occupied ter- memorandum prepared by the Jordanian Ministry ritory to the territory of the occupying Power or to that of any other country, occupied or not, are pro- of Occupied Territories Affairs, concerning the ex- hibited, regardless of their motive . . .", pulsion and deportation of civilians from the ter- Reaffirming the applicability of the Geneva Conven- ritories. The arbitrary nature of the expulsion tion to the Palestinian and other Arab territories oc- measures was emphasized, as well as the off-hand cupied by Israel since 1967, including Jerusalem, and brutal manner in which the expulsion pro- 1. Strongly condemns Israel, the occupying Power, for cedure was applied to the persons concerned. The its persistent refusal to comply with the relevant resolu- memorandum noted that 2,061 persons had been tions of the Security Council and the General Assembly; expelled by the Israeli authorities between 1967 2. Demands that the Government of Israel, the oc- and February 1986, 34 of them between 1985 and cupying Power, rescind the illegal measures taken by the February 1986. Israeli military occupation authorities in expelling the The Committee's 1986 report(9) also contained Mayor of Halhul, the Sharia Judge of Hebron and, in 1985 and 1986, other Palestinian leaders and that it information on Israel's policy purporting to return facilitate the immediate return of the expelled Palesti- municipalities of the territories to their local nians so that they can, inter alia, resume the functions leaders; such a policy, the Committee felt, had to for which they were elected and appointed; be viewed in the general context of the historical 3. Calls upon Israel, the occupying Power, to cease evolution of those municipalities, whose duly forthwith the expulsion of Palestinians and to abide 332 Political and security questions scrupulously by the provisions of the Geneva Conven- systematic Israeli repression against Palestinian tion relative to the Protection of Civilian Persons in Time educational and cultural institutions in the occupied of War, of 12 August 1949; territories, which included the closing of univer- 4. Requests the Secretary-General to report to the General sities and restrictions on academic activities. The Assembly as soon as possible but not later than the be- ginning of its forty-second session on the implementa- Assembly demanded that Israel rescind such ac- tion of the present resolution. tions. The shooting of Palestinian students at Bir Zeit University in the West Bank on 4 December, General Assembly resolution 41/63 E when three students were killed, led to the convening 3 December 1986 Meeting 95 131-1-21 (recorded vote) of the Security Council (see p. 323). Approved by Special Political Committee (A/41/750) by recorded vote (105-1-15), 20 November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, Egypt, India, Action by the Commission on Human Rights. Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, In a 20 February resolution on human rights viola- Senegal (A/S PC/41 /L.24); agenda item 71. (7) Meeting numbers. GA 41st session: SPC 27-32; plenary 95. tions in the territories the Commission on Recorded vote in Assembly as follows: Human Rights condemned what it called systematic In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Australia, Austria, Israeli repression of Palestinian cultural and educa- Bahamas, Bahrain, Bangladesh, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei tional institutions, closing them or restricting and Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussian SSR, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, impeding their academic activities by subjecting Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, the selection of courses, textbooks and educational Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, programmes, the admission of students and the ap- Fiji, Finland, France, Gabon, German Democratic Republic, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, India, Indonesia, Iran, Iraq, pointment of faculty members to the control of the Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic military occupation authorities and by expelling Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, numerous faculty members of several universities Nepal, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, for refusing to sign statements containing political Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, positions, in defiance of their right to academic Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Surmame, Sweden, freedom. Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Report of the Committee on Israeli practices. Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, (9) Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire,a Zambia, Zimbabwe. In its annual report the Committee on Israeli Against: Israel. practices noted that freedom of education had been Abstaining: Antigua and Barbuda, Barbados, Belgium, Cameroon, Canada, Costa Rica, Côte d'lvoire, Denmark, Germany, Federal Republic of, Grenada, Iceland, restricted in many ways. The information it had Liberia, Luxembourg, Malawi, Netherlands, Saint Christopher and Nevis, Saint received denoted various violations of that freedom, Lucia, Saint Vincent and the Grenadines, Swaziland, United Kingdom, United States. a Later advised the Secretariat it had intended to abstain. such as the arbitrary dismissal or deportation of school and university teachers, repression campaigns Recorded votes were taken on paragraph 1 in the and arrests of teachers and students, and the clos- Assembly and the Committee, resulting in its adoption ing down of schools and universities. Further by 115 votes to 2, with 34 abstentions, and 94 votes documentation stressed the deterioration of the to 2, with 22 abstentions, respectively. educational system in the territories due to various Israel stated that only a few individuals were affected factors, such as modification of textbooks and pro- by expulsions which were due to security imperatives, grammes, inadequacy of school material and and legal processes were duly respected; the authority buildings, overcrowding of classes and lack of for expulsion orders derived from article 112 of the teachers. 1945 Defence (Emergency) Regulations in force under Report of the Secretary-General. In July the British and Jordanian administrations. The Israeli 1986(43) the Secretary-General submitted informa- High Court had ruled that expulsion orders issued tion concerning implementation of the Assembly's to protect public order had nothing to do with depor- demand made in a 1985 resolution(44) that Israel tations for forced labour and extermination which rescind all actions against educational institutions had occurred during the Second World War and in the territories, ensure their freedom and refrain which had motivated the inclusion of article 49 in from hindering their operations. By a 2 July 1986 the Convention, Israel added. reply to the Secretary-General's February request Although it believed that the deportations were for such information, Israel said it rejected the ac- contrary to the Convention and that the deportees cusations in the resolution as baseless and contradic- should be allowed to return, the United States abstained ting the truth; since 1967, the school system in the on the text, saying it presented an unbalanced picture territories had experienced unprecedented growth. by not mentioning factors that contributed to such While the population in those areas had increased deportations. by about 28 per cent, the total number of pupils receiving schooling, in governmental, UNRWA and private educational networks, had increased by 105 Israeli measures against per cent, and the number of classes run solely by educational institutions the Government had increased by over 100 per cent. Both the General Assembly and the Commis- That remarkable growth was due mainly to the de- sion on Human Rights condemned what they called velopment in the governmental education network Middle East 333 during the years of Israeli administration. Illiteracy The General Assembly, showed a remarkable decline; since 1985, the il- Bearing in mind the Geneva Convention relative to the literacy rate had dropped to 26.6 per cent from Protection of Civilian Persons in Time of War, of 12 47.5 per cent in 1970 in Judaea and Samaria, and August 1949, to 26.5 per cent from 51.1 per cent in 1970 in Gaza. Deeply concerned at the continued harassment by Israel, the occupying Power, against educational institutions in While there had been no university facilities in the occupied Palestinian territories, Judaea and Samaria in June 1967, there were close Recalling its resolutions 38/79 G of 15 December 1983, to 10,000 students currently enrolled in the five 39/95 G of 14 December 1984 and 40/161 G of 16 major universities established in those areas since December 1985, then (Al Najah University at Nablus, Bir Zeit Taking note of the report of the Secretary-General of University, Bethlehem University, College of 18 July 1986, Islamic Studies at Hebron and College of Science Taking note of the relevant decisions adopted by the at Abu Deis). An additional 5,000 students were Executive Board of the United Nations Educational, enrolled in colleges, teacher training schools and Scientific and Cultural Organization concerning the educational and cultural situation in the occupied ter- agricultural, technical and paramedical institu- ritories, tions which were staffed by several thousand local 1. Reaffirms the applicability of the Geneva Conven- Arab teachers, inspectors and administrative per- tion relative to the Protection of Civilian Persons in sonnel. In the Gaza district, 4,000 students at- Time of War, of 12 August 1949, to the Palestinian and tended Al-Azhar Islamic College. other Arab territories occupied by Israel since 1967, in- Academic activity on the university campuses cluding Jerusalem; was conducted without interference by the Israeli 2. Condemns Israeli policies and practices against Pal- administration. In Judaea and Samaria, the cur- estinian students and faculties in schools, universities and other educational institutions in the occupied Pal- ricula were those of the Jordanian educational estinian territories, especially the policy of opening fire system, and, in the Gaza district, those of the on defenceless students, causing many casualties; Egyptian system; matters concerning curricula 3. Condemns the systematic Israeli campaign of were directly handled by the Jordanian and Egyp- repression against and closing of universities and other tian authorities, without interference by Israel. educational and vocational institutions in the occupied Academic freedom, however, did not include Palestinian territories, restricting and impeding the disruption of public order by incitement, threats academic activities of Palestinian universities by subject- or violence, Israel added. Recognizing that fact, ing the selection of courses, textbooks and educational over the past year whenever such activity surfaced programmes, the admission of students and the appoint- ment of faculty members to the control and supervision at several campuses, university administrators of the military occupation authorities, in clear contraven- themselves had forced the closure of their own tion of the Geneva Convention; schools for limited periods; those decisions had 4. Demands that Israel, the occupying Power, com- been taken solely by university personnel and had ply with the provisions of that Convention, rescind all no connection to Israel's administrative actions and measures against all educational institutions, authorities. Nevertheless, when security and public ensure the freedom of those institutions and refrain order were endangered, the authorities were per- forthwith from hindering the effective operation of the mitted by international law to restore and main- universities and other educational institutions; tain public order and safety; in the event such ac- 5. Requests the Secretary-General to report to the General Assembly as soon as possible but not later than tion was taken, it was done without any relation the beginning of its forty-second session on the im- to academic consideration. plementation of the present resolution. Those facts and figures, Israel stressed, amply demonstrated its long-standing commitment and General Assembly resolution 41/63 G dedication to improving the educational stan- 3 December 1986 Meeting 95 119-2-32 (recorded vote) Approved by Special Political Committee (A/41/750) by recorded vote (94-2-24), dards of the territories' inhabitants; when com- 20 November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, Egypt, India, pared to the dismal educational situation in sur- Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, rounding countries, the distortions and Senegal (A/SPC/41/L26); agenda item 71. Meeting numbers. GA 41st session: SPC 27-32; plenary 95. misrepresentations contained in the 1985 resolu- Recorded vote in Assembly as follows: tion became even more apparent. In the light of In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Austria, Bahamas, those facts, the item should be dropped from the Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussian SSR, Cape Verde, Assembly's agenda. Central African Republic, Chad, China, Colombia, Comoros, Congo, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Djibouti, Ecuador, Egypt, Ethiopia, Fiji, France, Gabon, German Democratic Republic, GENERAL ASSEMBLY ACTION Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, India, Indonesia, On 3 December 1986, acting on the recommen- Iran, Iraq, Italy, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahinya, Madagascar, Malaysia, dation of the Special Political Committee, the Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mo- General Assembly adopted by recorded vote zambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Samoa, Sao Tome resolution 41/63 G on the report of the Commit- and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, tee on Israeli practices. Somalia, Spam, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab 334 Political and security questions

Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, to Israeli policies affecting them, was being carried Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire,a Zambia, Zimbabwe. out in association with ESCWA. It was expected to Against: Israel, United States. be completed by the end of 1986 and to be reported Abstaining: Antigua and Barbuda, Australia, Belgium, Cameroon, Canada, Chile, Costa Rica, Cote d'lvoire, Denmark, Dominican Republic, El Salvador, in 1987 to the Trade and Development Board. As Equatorial Guinea, Finland, Germany, Federal Republic of, Grenada, Guatemala, the study would cover much of the subject-matter Honduras, Iceland, Ireland, Japan, Liberia, Luxembourg, Malawi, Netherlands, New Zealand, Norway, Panama, Portugal, Saint Christopher and Nevis, Saint of the report requested of the Secretary-General, Lucia, Saint Vincent and the Grenadines, United Kingdom. he suggested that the Council and the Assembly a Later advised the Secretariat it had intended to abstain. might wish to defer consideration of that request Before voting on the text as a whole, the Assembly until the UNCTAD/ESCWA study was available and and the Committee adopted paragraph 2 by recorded had been considered by the Board. vote, of 102 to 2, with 45 abstentions, and 82 to On 18 July 1986, the Council decided (decision 2, with 33 abstentions, respectively. 1986/155) that the report on the financial and Abstaining on that paragraph, Sweden said its trade practices of the Israeli occupation authorities categorical and sweeping formulations were not in the occupied Palestinian and other Arab ter- totally borne out by the facts; however, it supported ritories should be submitted for consideration to the text as a whole, although with some hesitation. the Assembly, through the Council, in 1987. Israel said the text was divorced from reality; The Assembly, by decision 41/453 of 8 all the educational institutions mentioned had December 1986, took note of the Secretary- been established during the Israeli administration. General's note. In some cases, the authorities had had to act to maintain law and order; in many others, the ini- tiative had come from the local academic Economic development projects authorities and had been intended only to avoid In May 1986, the Secretary-General reported internal disturbances and violent clashes between on economic development projects in the occupied various political factions. The United States felt territories(49) In 1985, both the Economic and that the text indiscriminately condemned alleged Social Council and the Assembly(50) had called Israeli actions without regard to facts or policies. for the urgent lifting of Israeli restrictions imposed on the territories' economy and had requested him to continue his efforts to facilitate the establish- Living conditions of Palestinians ment of projects, which included a seaport and a As requested by the General Assembly in citrus plant in the Gaza Strip and a cement plant 1985,(45) the Secretary-General reported in June in the West Bank. (46) 1986 on the preparations for a seminar on In March 1986, the Secretary-General said, he priority development projects for improving the had requested Israel's view and relevant informa- living conditions of the Palestinians in the occupied tion on the projects. By a 7 May letter, annexed territories, including a comprehensive general to the Secretary-General's report, Israel replied housing programme. Pursuant to the Assembly's that the 1985 Assembly resolution was biased and request, he had invited a selected group of experts politically motivated; its sponsors falsely accused to prepare and present to the seminar specific pro- Israel of imposing arbitrary economic restrictions, ject proposals. Invitations to participate in the while completely disregarding the improved seminar had been sent to relevant intergovernmen- economic and social conditions in the territories. tal and non-governmental organizations, ap- Israel had undertaken numerous actions to foster propriate United Nations bodies and agencies, and economic growth there; since 1967, approximately PLO. The seminar was tentatively scheduled to be 1,600 new industrial plants and workshops had held at Vienna from 9 to 13 March 1987. been established in Judaea and Samaria by local The Assembly took note of the report by deci- entrepreneurs with the financial assistance of the sion 41/453 of 8 December 1986. Israeli Government, and many additional plants had been established without governmental finan- Israeli financial and trade practices cial aid. During the same period, Israel added, 870 In June 1986,(47) the Secretary-General submit- new factories had been established in Gaza with ted a note to the Economic and Social Council and official Israeli financial assistance. Furthermore, the General Assembly concerning a report on Israeli it said, its economic policies had facilitated the financial and trade practices in the occupied ter- opening of new markets for industrial exports ritories, requested of him by those bodies in 1985. W manufactured in the territories; the ports of He stated that, as part of its 1986-1987 work pro- Ashdod and Haifa remained fully open and the gramme, UNCTAD was preparing a study of the products of the territories continued to have free financial sector in the West Bank and the Gaza. Strip. access to external markets. That had led to an ac- The study, which dealt with the financial and fiscal celerated development of their industrial base, systems in the territories, with particular reference manifested by the growth of industrial exports Middle East 335 from $20 million in 1968 to approximately $270 nent Security Council member which had million in 1982. Since then, the industrial devel- prevented the Council from adopting appropriate opment rate had continued to grow and expand measures against Israel. to unprecedented levels. The Commission emphasized that Israel must By decision 1986/167 of 22 July 1986, the allow all evacuees from the Golan Heights to re- Economic and Social Council took note of the turn and recover their property and residences and Secretary-General's report. The General Assembly that total and unconditional Israeli withdrawal was took note of it by decision 41/453 of 8 December. a prerequisite for a just and comprehensive Mid- dle East peace. Report of the Committee on Israeli practices. Golan Heights Information about the situation in the Golan Again in 1986, developments in the Golan Heights supplied by the Syrian Arab Republic was Heights—part of the Syrian Arab Republic oc- contained in the report of the Committee on Israeli (9) cupied by Israel since 1967—brought action by the practices according to that information, prac- General Assembly and the Commission on tices by the occupying authorities included restric- Human Rights. tions imposed on villagers with regard to Communications. By letters of 3 March 1986 cultivating their land or taking their herd to pas- to the Security Council President(51) and the ture, confiscation of agricultural land, interference Secretary-General(52) the Syrian Arab Republic in educational curricula, collective punishment charged Israel with stepping up during the and arbitrary detention. preceding week its repressive operations in the Report of the Secretary-General. In July 1986(54) the Secretary-General reported on action Golan Heights, with the aim of destroying their (55) Syrian Arab identity and expelling the Syrian in- taken pursuant to a 1985 Assembly resolution habitants from their land and property, replacing calling on Israel to desist from repressive measures them with foreign settlers and settlements. Most against the population of the Golan Heights. In recently, the Israeli authorities had arrested 45 a 2 July 1986 reply to his February request to Israel Syrian citizens of the Golan Heights, which for information on what steps it had taken or en- visaged to implement the resolution, Israel re- underscored Israel's aggressive and racist nature (56) and its determination to defy the international ferred to its position as set out in 1981. Replies community. Drawing attention to the dangerous from other Member States regarding measures situation resulting from Israel's violation of inter- they might have taken to implement the 1985 national law, United Nations resolutions and its resolution had been received from Botswana, Charter and the consequent threat to regional and Bulgaria, Czechoslovakia, Iraq and the Sudan, international peace and security, the Syrian Arab and were annexed to the Secretary-General's re- Republic reserved its right to request a Security port. Replies from the Byelorussian SSR and the Ukrainian SSR were issued in September Council meeting so that necessary steps could be (57) taken. 1986. Action by the Commission on Human Rights. By a resolution of 20 February(25) adopted by a GENERAL ASSEMBLY ACTION roll-call vote of 31 to 1, with 10 abstentions, the On 3 December 1986, acting on the recommen- Commission on Human Rights strongly con- dation of the Special Political Committee, the demned Israel for its persistent defiance of United General Assembly adopted by recorded vote Nations resolutions relating to the occupied Syrian resolution 41/63 F on the report of the Commit- territory and deprecated Israel's failure to end its tee on Israeli practices. occupation and cease its repressive measures and The General Assembly, human rights violations. It deplored the inhuman Deeply concerned that the Arab territories occupied since treatment, terror and practices Israel continued 1967 have been under continued Israeli military oc- to apply against the inhabitants of the Golan cupation, Heights by reason of their refusal of Israeli na- Recalling Security Council resolution 497(1981) of 17 tionality and in order to force them to carry Israeli December 1981, identity cards. Recalling also its resolutions 36/226 B of 17 December The Commission declared once more that 1981, ES-9/1 of 5 February 1982, 37/88 E of 10 Israel's 1981 decision to impose its laws, jurisdic- December 1982, 38/79 F of 15 December 1983, 39/95 F tion and administration on the Heights(53) of 14 December 1984 and 40/161 F of 16 December 1985, Having considered the report of the Secretary-General resulting in effective annexation, was null and of 16 July 1986, void, and called on Israel to rescind that decision. Recalling its previous resolutions, in particular resolu- It again requested Member States not to recognize tions 3414(XXX) of 5 December 1975, 31/61 of 9 any such measures, and strongly deplored the December 1976, 32/20 of 25 November 1977, 33/28 and negative vote and pro-Israeli position of a perma- 33/29 of 7 December 1978, 34/70 of 6 December 1979 336 Political and security questions

and 35/122 E of 11 December 1980, in which it, inter alia, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, called upon Israel to put an end to its occupation of the Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Arab territories and to withdraw from all those ter- Romania, Rwanda, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra ritories, Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Surmame, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Reaffirming once more the illegality of Israel's decision Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United of 14 December 1981 to impose its laws, jurisdiction and Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, administration on the Syrian Golan Heights, which has Yemen, Yugoslavia, Zaire,a Zambia, Zimbabwe. Against: Israel. resulted in the effective annexation of that territory, Abstaining: Cameroon, Costa Rica, Cote d'lvoire, El Salvador, Grenada, Libe- Reaffirming that the acquisition of territory by force ria, Malawi, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the is inadmissible under the Charter of the United Nations Grenadines, United States. a and that all territories thus occupied by Israel must be Later advised the Secretariat it had intended to abstain. returned, Recalling the Geneva Convention relative to the Pro- Under Syrian administration, Israel pointed tection of Civilian Persons in Time of War, of 12 August out, the Golan region had been a peripheral one; 1949, Israeli laws had since endowed the area with nor- 1. Strongly condemns Israel, the occupying Power, for mal legal guarantees and due processes, thus its refusal to comply with the relevant resolutions of the favouring its development. The United States General Assembly and the Security Council, particularly could not support any text that went beyond the Council resolution 497(1981), in which the Council, inter unanimous 1981 Security Council resolution(58) alia, decided that the Israeli decision to impose its laws, which had declared the Israeli decision to impose jurisdiction and administration on the occupied Syrian its laws, jurisdiction and administration on the Golan Heights was null and void and without interna- tional legal effect and demanded that Israel, the occu- Golan Heights null and void and without inter- pying Power, should rescind forthwith its decision; national legal effect, and which remained the 2. Condemns the persistence of Israel in changing the authoritative United Nations action; nevertheless, physical character, demographic composition, institu- the Golan Heights was occupied territory, the tional structure and legal status of the occupied Syrian fourth Geneva Convention applied there and Israel Golan Heights; must meet its obligations thereunder. 3. Determines that all legislative and administrative Sweden stressed that its support of the text did measures and actions taken or to be taken by Israel, the not alter its opposition to the 1982 Assembly occupying Power, that purport to alter the character and resolution adopted during the emergency special legal status of the Syrian Golan Heights are null and session on the Golan Heights(59) void and constitute a flagrant violation of international law and of the Geneva Convention relative to the Pro- tection of Civilian Persons in Time of War, of 12 August On 4 December, under the agenda item on the 1949, and have no legal effect; Middle East situation, the General Assembly 4. Strongly condemns Israel for its attempts and adopted resolution 41/162 B by recorded vote. measures to impose forcibly Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied The General Assembly, Syrian Golan Heights and calls upon it to desist from Having discussed the item entitled "The situation in the its repressive measures against the population of the Middle East", Syrian Arab Golan Heights; Taking note of the report of the Secretary-General of 5. Calls once again upon Member States not to 29 October 1986, recognize any of the legislative or administrative Recalling Security Council resolution 497(1981) of 17 measures and actions referred to above; December 1981, Reaffirming its resolutions 36/226 B of 17 December 6. Requests the Secretary-General to submit to the General Assembly at its forty-second session a report 1981. ES-9/1 of 5 February 1982, 37/123 A of 16 December on the implementation of the present resolution. 1982. 38/180 A of 19 December 1983, 39/146 B of 14 December 1984 and 40/168 B of 16 December 1985, General Assembly resolution 41/63 F Recalling its resolution 3314(XXIX) of 14 December 3 December 1986 Meeting 95 142-1-11 (recorded vote) 1974, in which it defined an act of aggression, inter alia, Approved by Special Political Committee (A/41/750) by recorded vote (114-1-6), 20 as "the invasion or attack by the armed forces of a State November (meeting 32); draft by Afghanistan, Bangladesh, Cuba, Egypt, India, of the territory of another State, or any military occupa- Indonesia, Madagascar, Malaysia, Nicaragua, Pakistan, Qatar for the Arab Group, tion, however temporary, resulting from such invasion Senegal (A/SPC/41/L.25); agenda item 71. Meeting numbers. GA 41st session: SPC 27-32; plenary 95. or attack, or any annexation by the use of force of the territory of another State or part thererof' and provided Recorded vote in Assembly as follows: that "no consideration of whatever nature, whether In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, political, economic, military or otherwise, may serve as Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina a justification for aggression", Faso, Burma, Burundi, Byelorussian SSR, Canada, Cape Verde, Central African Reaffirming the fundamental principles of the inad- Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cuba, Cyprus, Czech- oslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, missibility of the acquisition of territory by force, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Fiji, Finland, Reaffirming once more the applicability of the Geneva France, Gabon, German Democratic Republic, Germany, Federal Republic of, Convention relative to the Protection of Civilian Per- Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, sons in Time of War, of 12 August 1949, to the Pales- Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jor- dan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Lib- tinian and other occupied Arab territories, including yan Arab Jamahiriya, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Jerusalem, Middle East 337

Noting that Israel's record, policies and actions the Palestinian and other Arab territories occupied since establish conclusively that it is not a peace-loving 1967, including Jerusalem, which is an essential prere- Member State and that it has not carried out its obliga- quisite for the establishment of a comprehensive and just tions under the Charter of the United Nations, peace in the Middle East; Noting further that Israel has refused, in violation of 12. Determines once more that Israel's record, policies Article 25 of the Charter, to accept and carry out the and actions confirm that it is not a peace-loving Member numerous relevant decisions of the Security Council, State, that it has persistently violated the principles con- in particular resolution 497(1981), thus failing to carry tained in the Charter and that it has carried out nei- out its obligations under the Charter, ther its obligations under the Charter nor its commit- 1. Strongly condemns Israel for its failure to comply ment under General Assembly resolution 273(III) of 11 with Security Council resolution 497(1981) and General May 1949; Assembly resolutions 36/226 B, ES-9/1, 37/123 A, 13. Calls once more upon all Member States to apply 38/180 A, 39/146 B and 40/168 B; the following measures: 2. Declares once more that Israel's continued occupa- (a) To refrain from supplying Israel with any tion of the Golan Heights and its decision of 14 weapons and related equipment and to suspend any December 1981 to impose its laws, jurisdiction and ad- military assistance that Israel receives from them; ministration on the occupied Syrian Golan Heights con- (b) To refrain from acquiring any weapons or stitute an act of aggression under the provisions of Ar- military equipment from Israel; ticle 39 of the Charter of the United Nations and (c) To suspend economic, financial and technological General Assembly resolution 3314(XXIX); assistance to and co-operation with Israel; 3. Declares once more that Israel's decision to impose (d) To sever diplomatic, trade and cultural relations its laws, jurisdiction and administration on the occupied with Israel; Syrian Golan Heights is illegal and therefore null and 14. Reiterates its call to all Member States to cease void and has no validity whatsoever; forthwith, individually and collectively, all dealings with 4. Declares all Israeli policies and practices of, or Israel in order totally to isolate it in all fields; aimed at, annexation of the Palestinian and other oc- 15. Urges non-member States to act in accordance cupied Arab territories, including Jerusalem, to be il- with the provisions of the present resolution; legal and in violation of international law and of the rele- 16. Calls upon the specialized agencies and other in- vant United Nations resolutions; ternational organizations to conform their relations with 5. Determines once more that all actions taken by Israel Israel to the terms of the present resolution; to give effect to its decision relating to the occupied Syrian Golan Heights are illegal and invalid and shall 17. Requests the Secretary-General to report to the not be recognized; General Assembly at its forty-second session on the im- 6. Reaffirms its determination that all relevant provi- plementation of the present resolution. sions of the Regulations annexed to the Hague Con- General Assembly resolution 41/162 B vention IV of 1907, and the Geneva Convention relative 4 December 1986 Meeting 97 90-29-34 (recorded vote) to the Protection of Civilian Persons in Time of War, 30-nation draft (A/41/L.44); agenda item 37. of 12 August 1949, continue to apply to the Syrian ter- Sponsors: Afghanistan, Algeria, Bahrain, Cuba, Democratic Yemen, Djibouti, India, ritory occupied by Israel since 1967, and calls upon the Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libyan Arab Jamahiriya, Malaysia, parties thereto to respect and ensure respect for their Mauritania, Mongolia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates, Viet Nam, Yemen, obligations under these instruments in all circumstances; Yugoslavia, Zimbabwe. 7. Determines once more that the continued occupation Meeting numbers. GA 41st session: plenary 87-89, 97. of the Syrian Golan Heights since 1967 and their an- Recorded vote in Assembly as follows: nexation by Israel on 14 December 1981, following In favour: Afghanistan, Albania, Algeria, Angola, Bahrain, Bangladesh, Benin, Israel's decision to impose its laws, jurisdiction and ad- Bhutan, Botswana, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorus- ministration on that territory, constitute a continuing sian SSR, Cape Verde, Central African Republic, Chad, China, Comoros, Congo, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, threat to international peace and security; Djibouti, Ethiopia, Gabon, Gambia, German Democratic Republic, Ghana, Greece, 8. Strongly deplores the negative vote by a permanent Guinea, Guinea-Bissau, Guyana, Hungary, India, Indonesia, Iran, Iraq, Jordan, member of the Security Council which prevented the Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Council from adopting against Israel, under Chapter Mexico, Mongolia, Morocco, Mozambique, Nicaragua, Niger, Nigeria, Oman, VII of the Charter, the "appropriate measures" referred Pakistan, Peru,a Poland, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, to in resolution 497(1981) unanimously adopted by the Senegal, Sierra Leone, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Council; Syrian Arab Republic, Togo, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Vanuatu, Viet Nam, Yemen, 9. Further deplores any political, economic, financial, Yugoslavia, Zambia, Zimbabwe. military and technological support to Israel that en- Against: Antigua and Barbuda, Australia, Belgium, Canada, Costa Rica, Den- courages Israel to commit acts of aggression and to con- mark, El Salvador, Finland, France, Germany, Federal Republic of, Grenada, Haiti, Honduras, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New solidate and perpetuate its occupation and annexation Zealand, Norway, Portugal, Saint Christopher and Nevis, Saint Lucia, Saint Vin- of occupied Arab territories; cent and the Grenadines, Sweden, United Kingdom, United States. 10. Firmly emphasizes once more its demand that Israel, Abstaining: Argentina, Austria, Bahamas, Barbados, Belize, Bolivia, Brazil, the occupying Power, rescind forthwith its illegal deci- Burma, Cameroon, Colombia, Cote d'lvoire, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Guatemala, Jamaica, Lesotho, Liberia, Malawi, Nepal, Panama, sion of 14 December 1981 to impose its laws, jurisdic- Papua New Guinea, Paraguay, Philippines, Samoa, Singapore, Spam, Swaziland, tion and administration on the Syrian Golan Heights, Thailand, Trinidad and Tobago, Uruguay, Venezuela, Zaire. which resulted in the effective annexation of that ter- a Later advised the Secretariat it had intended to abstain. ritory; 11. Reaffirms once more the overriding necessity of the The United States felt that the text did not ad- total and unconditional withdrawal by Israel from all vance the cause of peace; its language was un- 338 Political and security questions balanced and harmful and, by declaring that Israel and 13 (d). Mexico would have abstained on was not a peace-loving Member State, it violated paragraphs 12 to 14 on the grounds that they the spirit of Security Council resolutions related to matters within the Council's jurisdic- 242(1967)(60) and 338(1973).(61) The United tion. In Turkey's opinion, paragraphs 13 and 14 Kingdom, speaking for the EC members, ex- were difficult to reconcile with efforts to initiate pressed concern about the text's lack of balance a negotiating process; with regard to paragraph and said it did not reflect the basic principles they 8, it felt that no United Nations organ should pass considered essential for a solution to the Arab- a value judgement on votes cast by Member States. Israeli conflict; they also could not accept language Peru recalled its statement in explanation of vote criticizing a permanent Council member for hav- on the related 1985 resolution(62) ing exercised its rights in accordance with the Iran reiterated its reservations on all terms and United Nations Charter. Sweden, despite support- provisions which implied any recognition of the ing the text's central theme, had strong objections Zionist base of terror occupying Palestine. in particular to paragraphs 12 to 16, which, it felt, could not be reconciled with the division of respon- REFERENCES sibilities between the Assembly and the Council. (1)A/41/229-S/17935. (2)A/41/426-S/18177. (3)A/41/427-S/18178. The Philippines said the sovereign right of States (4)A/41/620-S/18349. (5)A/41/700. (6)A/41/821-S/18454. (7)E/1986/22 (res. 1986/1 A). (8)lbid. (res. 1986/33). to conduct their own international affairs in ac- (10) (11) (9)A/41/680. YUN 1985, p. 329. A/41/768-S/18427. cordance with the Charter should be upheld. (12)A/41/677. (13)YUN 1985, p. 332, GA res. 40/161 D, 16 Egypt found it difficult to agree with some Dec. 1985. (14)S/18502. (15)S/18501. (16)S/18505. (17)S/18504. elements in the text which, it believed, did not en- (18)A/42/79-S/18569. (19)S/18509. (20)A/41/970-S/18525. (21)S/18532. (22)A/41/140-S/17800. (23)E/1986/22 (res. 1986/1 B). courage the continuance of the peace process. (25) (24)YUN 1977, p. 706. E/1986/22 (res. 1986/2). Belize would have welcomed a text calling for the (26)A/41/681. (27)YUN 1985, p. 335, GA res. 40/161 B, 16 necessary action without the accompanying con- Dec. 1985. (28)A/41/691. (29)A/41/469. (30)YUN 1985, p. 337, demnation; paragraphs 13 and 14 sought the com- GA res. 40/161 A, 16 Dec. 1985. Wlbid., p. 337. (32)A/41/469/Add.l. (33)A/41/161-S/17823. (34)A/41/635-S/18361. plete isolation of Israel, a situation which could (36) (37) (35)A/41/716-S/18405. A/41/682. YUN 1985, p. 339, GA only hurt the cause of peace. Austria did not res. 40/161 G, 16 Dec. 1985. (38)YUN 1980, p. 411. believe that measures aimed at breaking relations (39)S/17803. (40)A/41/454. (41)YUN 1985, p. 343, GA with Israel and leading to its isolation would bring res. 40/161 E, 16 Dec. 1985. (42)Y U N 1981, p. 313; YUN 1982, p. 538; YUN 1985, p. 344. (43)A/41/456. (44)YUN 1985, a Middle East solution closer; it could not sup- (45) p. 351, GA res. 40/161 G, 16 Dec. 1985. Ibid., p. 344, GA port any formulation which could be interpreted res. 40/201, 17 Dec. 1985. (46)A/41/415-E/1986/104. as impinging on the principle of universality of (47)A/41/410-E/1986/97. (48)YUN 1985, p. 346, ESC United Nations membership. dec. 1985/177, 25 July 1985; ibid. p. 347, GA dec. 40/432, 17 Dec. 1985. (49)A/41/342-E/1986/88. (50)YUN 1985, p. 348, Brazil considered that efforts to achieve a Mid- ESC res. 1985/58, 25 July 1985; ibid., p. 349, GA res. 40/169, dle East solution should not imply diplomatic 17 Dec. 1985. (51)S/17889. (52)A/41/184. (53)YUN 1981, p. 308. (54)A/41/455. (55)YUN 1985, p. 340, GA res. 40/161 F, 16 isolation of one of the parties to the conflict, al- (56) (57) (58) though that party had been acting in a manner Dec. 1985. YUN 1981, p. 312. A/41/455/Add.l. YUN 1981, p. 312, SC res. 497(1981), 17 Dec. 1981. (59)YUN 1982, incompatible with international law and the Char- p. 515, GA res. ES-9/1, 5 Feb. 1982. (60)YUN 1967, p. 257, ter; Israel should not be provided, under the pre- SC res. 242(1967), 22 Nov. 1967. (61)YUN 1973, p. 213, SC text of its isolation from the international com- res. 338(1973), 22 Oct. 1973. (62)YUN 1985, p. 342. munity, with justification for further acts in disregard of international law and accepted prin- ciples of peaceful coexistence. Ecuador believed that the text contained criteria which violated the Palestine refugees universality principle and sought to impose deci- sions contravening the sovereignty of States. In 1986, the United Nations Relief and Works Bolivia was unable to support the text because of Agency for Palestine Refugees in the Near East the approach reflected in certain paragraphs. (UNRWA) continued to assist more than 2.1 million Argentina regretted that the text contained—in refugees in Jordan, Lebanon (see p. 288), the particular in paragraphs 9, 12, 13 and 14, and in Syrian Arab Republic and the Israeli-occupied ter- the eighth preambular paragraph—certain pro- ritories of the West Bank and the Gaza Strip. positions incompatible with its own position on UNRWA activities and various aspects of the substantive issues of foreign policy. In Zaire's view, Palestine refugee problem were addressed by the the language of paragraphs 13 and 14 was not General Assembly, which in December adopted likely to lead to any rapprochement among the par- 11 resolutions on: assistance to Palestine refugees ties to the conflict. (41/69 A) and to displaced persons (41/69- C); the Greece said that, if separate votes had been Working Group on the financing of UNRWA taken, it would have voted against paragraph 14 (41/69 B); scholarships for higher education and and would have abstained on paragraphs 8, 13 (e) vocational training (41/69 D); Palestine refugees Middle East 339 in the Gaza Strip (41/69 E) and in the West Bank supplies to refugees in the camps and in their (41/69 J); ration distribution to Palestine refugees places of refuge were the most exposed, but even (41/69 F); refugees displaced since 1967 (41/69 G); those working in the main offices were frequently revenues from refugee properties (41/69 H); in danger. For those reasons, it was necessary not refugee protection (41/69 I); and a proposed only to maintain the sub-office at Larnaca, University of Jerusalem for Palestine refugees Cyprus, but also to make other temporary ar- (41/69 K). rangements for pffice accommodation from time to time. From 1 July 1985 to 30 June 1986, five UNRWA employees were killed in Lebanon, bring- UN Agency for Palestine refugees ing the total since the 1982 Israeli invasion to 22 UNRWA continued to provide education, health staff members killed, 17 wounded and 8 missing, and relief services to Palestinian refugees living in among them Alec Collett, a British journalist working under contract with UNRWA, kidnapped and outside camps. Among them, 1,812,127 were (2) eligible for all Agency services, while the re- in 1985, whose fate remained unknown. mainder were eligible for limited services only. In There was no improvement with regard to ac- addition, the Agency distributed food rations pro- cess to UNRWA staff in detention; the Agency con- vided by Jordan to some 193,000 persons displaced tinued to have access to them in the West Bank as the result of the 1967 hostilities and the occupa- but not in the other areas of its operations. From tion of the West Bank and the Gaza Strip. Less July 1985 to June 1986, there was a marked in- than one third of the refugees were registered as crease in the number of staff arrested and detained living in camps; persons displaced as a result of without charge or trial and UNRWA remained hostilities in 1967 and a small number of other unable to obtain adequate and timely information unregistered persons also resided in camps. The on the reasons; in the absence of such informa- Agency maintained its own schools, training in- tion, it was unable to ascertain whether the staff stitutions, clinics and health centres, and procured members' official functions were involved or to en- and distributed food rations to needy refugees. Its sure that their rights were observed. operations were administered from its headquar- Conditions in the Gaza Strip also deteriorated, ters at Vienna and Amman and from five field of- the UNRWA Commissioner-General stated, urging fices in Jordan, Lebanon, the Syrian Arab the international community to give serious con- Republic, the West Bank and the Gaza Strip, with sideration to what could be done to ease condi- liaison offices in New York and Cairo. tions, which included serious shortages of adequate During its years of operation, the focus of housing, growing unemployment and the increas- UNRWA's activities had gradually changed from ing salinity of water supplies. relief assistance to education, including vocational Co-operation with other United Nations bodies, training, public health care and basic welfare serv- particularly UNDP, UNESCO, WHO, UNICEF and ice. In 1986, education accounted for the largest ILO, as well as with UNTSO and UNIFIL, greatly part of UNRWA's expenditure ($116.3 million under facilitated UNRWA's tasks. Co-operation with the General Fund, and $5.7 million under project NGOs was furthered through consultations held at funds); the corresponding figures for health serv- Amman in February 1986, under the joint spon- ices were $28.3 million and $8.9 million, and for sorship of UNRWA and the International Council relief services, $22.4 million and $1.1 million. Di- of Voluntary Agencies. The meeting, the third of rect relief assistance was provided in 1986/87 to its kind, took place for the first time in UNRWA's only some 5 per cent of the refugee population. area of operations, giving the 70 participants an The situation of the refugees in the occupied ter- opportunity to visit some of the Agency's installa- ritories remained a matter of concern, the UNRWA tions and have a first-hand look at its operations. Commissioner-General stated in his report cover- Discussions focused on health, education, train- ing the Agency's activities from 1 July 1986 to 30 ing and employment, income-generating projects June 1987;(1) in all the territories there was still and ways UNRWA and individual NGOs could ex- heavy pressure on UNRWA services, with more pand co-operation to improve services available to refugees using its health services and an increas- refugees. During informal consultations with ing number claiming assistance as special hard- donor and other Governments in May 1986, a ship cases, a demand UNRWA was unable to meet. number of participants urged UNRWA to explore The most serious operational problem facing broader co-operation with NGOs, both those able UNRWA remained the situation in Lebanon, which to contribute funds for certain programmes and imposed enormous demands on it in trying to meet those interested in a more active role in the region. the needs of the refugees (see p. 290). UNRWA activities and its financial situation in The safety of UNRWA staff in the areas of Leb- 1986 were described in the Commissioner- anon where UNRWA operated was a constant General's reports covering the periods 1 July 1985 source of concern; staff trying to bring services and to 30 June 1986(3) and 1 July 1986 to 30 June 340 Political and security questions

1987.(1) The Advisory Commission of UNRWA met a means of achieving progress in the implementation at Vienna on 28 August 1986 to consider the draft of paragraph 11 of General Assembly resolution 194(III), 1985/86 report. and requests the Commission to exert continued efforts Introducing the 1985/86 report in the General towards the implementation of that paragraph and to report to the Assembly as appropriate, but no later than Assembly's Special Political Committee, the 1 September 1987; Commissioner-General said that UNRWA should 5. Directs attention to the continuing seriousness of the do much more to assist the refugees but its financial position of the Agency, as outlined in the re- resources were limited. That the refugee problem port of the Commissioner-General; remained unsolved might be sufficient reason to 6. Notes with profound concern that, despite the com- extend the Agency's mandate—due to expire on mendable and successful efforts of the Commissioner- 30 June 1987—further. Other compelling con- General to collect additional contributions, this increased siderations included the stabilizing role UNRWA level of income to the Agency is still insufficient to cover fulfilled in one of the world's most turbulent essential budget requirements in the present year and regions and the humanitarian aspect exemplified that, at currently foreseen levels of giving, deficits will recur each year; by the 350,000 children in UNRWA schools, the 7. Calls upon all Governments, as a matter of 4,500 young men and women in training institutes, urgency, to make the most generous efforts possible to the thousands of mothers and children attending meet the anticipated needs of the Agency, particularly health clinics every day and the more than 100,000 in the light of the budgetary deficit projected in the re- refugees unable to provide for themselves; all relied port of the Commissioner-General, and therefore urges on UNRWA. non-contributing Governments to contribute regularly UNRWA's vital work, the Secretary-General said and contributing Governments to consider increasing in his report on the work of the Organization (see their regular contributions; p. 3), had to be carried out under extremely dif- 8. Decides to extend until 30 June 1990, without prej- udice to the provisions of paragraph 11 of General ficult circumstances and continued to merit and Assembly resolution 194(III), the mandate of the United need the financial support of all States. Nations Relief and Works Agency for Palestine Refugees in the Near East. GENERAL ASSEMBLY ACTION General Assembly resolution 41/69 A On 3 December 1986, acting on the recommen- 3 December 1986 Meeting 95 150-0-1 (recorded vote) dation of the Special Political Committee, the Approved by Special Political Committee (A/41/754) by recorded vote (119-0-1), 4 General Assembly adopted resolution 41/69 A by November (meeting 19); draft by United States (A/SPC/41 /L.7), orally revised; recorded vote. agenda item 75. Meeting numbers. GA 41st session: SPC 13-19; plenary 95. Assistance to Palestine refugees Recorded vote in Assembly as follows: The General Assembly, In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Recalling its resolution 40/165 A of 16 December 1985 Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, and all its previous resolutions on the question, including Burma, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central resolution 194(III) of 11 December 1948, African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'lvoire, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Taking note of the report of the Commissioner-General Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, of the United Nations Relief and Works Agency for El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, German Palestine Refugees in the Near East, covering the period Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Grenada, from 1 July 1985 to 30 June 1986, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's 1. Notes with deep regret that repatriation or compen- Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahinya, Lux- sation of the refugees as provided for in paragraph 11 embourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, of General Assembly resolution 194(III) has not been Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua effected, that no substantial progress has been made in New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, the programme endorsed by the Assembly in paragraph Rwanda, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the 2 of its resolution 513(VI) of 26 January 1952 for the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Somalia, Spam, Sri Lanka, Sudan, Suriname, reintegration of refugees either by repatriation or reset- Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, tlement and that, therefore, the situation of the refugees Tunisia, Turkey, Uganda, Ukrainian SSR, United Arab Emirates, United Kingdom, continues to be a matter of serious concern; United Republic of Tanzania, United States, Uruguay, Vanuatu, Venezuela, Viet 2. Expresses its thanks to the Commissioner-General Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. Against: None. and to all the staff of the United Nations Relief and Abstaining: Israel. Works Agency for Palestine Refugees in the Near East, recognizing that the Agency is doing all it can within Israel said that, far from being opposed to the the limits of available resources, and also expresses its extension of international assistance to Palestin- thanks to the specialized agencies and private organiza- tions for their valuable work in assisting the refugees; ian Arabs—whether registered with UNRWA or 3. Reiterates its request that the headquarters of the not—it welcomed any increase in financial, Agency should be relocated to its former site within its technical, cultural and economic assistance, with area of operations as soon as practicable; the sole requirement that it be channelled through 4. Notes with regret that the United Nations Concilia- the proper and legitimate organs and be used for tion Commission for Palestine has been unable to find constructive purposes. Israel rejected, however, Middle East 341 slanderous propaganda on the false pretence of 1986, was largely unfunded and several construc- assessing the living conditions of the Palestinian tion projects had to be postponed. Arabs and granting them protection and Total income received by UNRWA for all funds, assistance; it also opposed the political connota- in cash and in kind, in 1986 was $189.9 million, tions and implications given to the item at the which included a $6.5 million allocation from the prompting of countries actively engaged in a United Nations. Expenditure by all funds was military and diplomatic war against it. It could not $186.5 million, $0.9 million less than in 1985, leav- condone the different criteria applied to various ing an excess of income over expenditure of $3.4 refugee situations, the rewriting of history and ar- million which helped to offset the shortfall in tificial perpetuation of refugee status and camps previous years. This was mainly due to increased for exclusively political aims. Those most contributions from donors, mostly Governments, vociferous on that matter were the countries which had responded generously and in a timely directly responsible for the plight of the Palesti- fashion to UNRWA's appeals; of primary impor- nians and which for years had been impeding tance also were the austerity measures introduced world efforts to promote constructive and lasting by UNRWA in 1985 which for the most part had solutions; among the staunchest supporters of texts been maintained or even extended. The informal adopted under the agenda item were countries meeting of donors with UNRWA and the Working which gave little to the Palestinians or which Group on financing (see below), held for the first refused to increase their contributions. Behind the time on 22 and 23 May 1986 at Vienna, proved careful diplomatic wording was the intention to an effective means of involving donor and host induce the world community to condone blind ter- Governments more closely with UNRWA and of in- rorism and relentless warfare, block the way to creasing their participation in and understanding peace and stability and actively help extremists of its activities. seeking to destroy two United Nations According to the Commissioner-General, pro- Members—Israel and Jordan—without any con- spects for sufficient income to cover the 1987 cern for the fate of the Palestinians who were still budget were quite good, a trend which was ap- being kept in refugee camps. The Palestinians parent at the pledging conference held in New should be protected and assisted in rejecting ter- York in November 1986 when, for the first time, ror and bloodshed and should be persuaded to seek the amount of cash pledged for the coming year a constructive, peaceful and lasting settlement that came close to equalling the Agency's planned cash would allow them to work hand in hand with their expenditure for the regular programme. natural neighbours for the development and UNRWA's financial position was very sensitive to welfare of the region and all the peoples involved. changes in exchange rates, due to the fact that its The Libyan Arab Jamahiriya pointed out that budget was prepared in United States dollars, while it voted for the text for purely humanitarian many contributions were paid in Western European reasons, but had always considered the United and other currencies; expenditures, however, were States responsible for prolonging the situation made mainly in currencies of the Near East and, because it aided the occupiers who had usurped to a much lesser extent, in Austrian schillings and Palestinian lands. other Western currencies. Increases in prices and salary levels in the Agency's areas of operation also UNRWA financing had their impact on expenditures. As salary levels As at 1 January 1986,(4) total regular contribu- for government employees rose, UNRWA reviewed tions pledged to UNRWA were $175.8 million, while the pay of its area staff to keep it in line. estimated expenditures in the 1986 budget (less the A breakdown of contributions in cash and kind to the UNRWA General Fund in 1986 was set out construction part) amounted to $183.6 million. (5) The gap between expected income and expen- in the audited financial statements for the year. diture was closed during the year partly by a number of Governments responding favourably to Working Group on UNRWA financing the Agency's appeals and partly through exchange- Report of the Working Group. In 1986, the rate movements that reduced costs in United Working Group on the Financing of UNRWA held States dollar terms in some parts of the area of three meetings, on 17 September and 3 and 13 Oc- operation. UNRWA managed for the first time in tober, to consider recent developments in the several years to balance its income with expen- Agency's financial situation. (6) The Group noted diture and, at the end of 1986, had a small excess the Commissioner-General's special efforts to of income over expenditure, which enabled it to secure the level of contributions required and that begin to restore its working capital that had been the Vienna May meeting (see above) had led to severely reduced by the 1984 and 1985 financial greater understanding. crisis. The Agency's budget for capital construc- In order to provide a more rational longer-term tion, however, which amounted to $7.6 million in approach to the planning and execution of the 342 Political and security questions

UNRWA programme, the Agency introduced a three- November 1979, 35/13 D of 3 November 1980, 36/146 E year medium-term plan covering 1987-1989, which of 16 December 1981, 37/120 A of 16 December 1982, would be revised annually and would be the basis 38/83 B of 15 December 1983, 39/99 B of 14 December for preparing each year's annual budget; it would 1984 and 40/165 B of 16 December 1985, also provide for better programme monitoring and Recalling also its decision 36/462 of 16 March 1982, whereby it took note of the special report of the Work- evaluation. ing Group on the Financing of the United Nations Re- For 1987, it was expected that expenditure would lief and Works Agency for Palestine Refugees in the Near increase by not more than 5 per cent, an increase East and adopted the recommendations contained therein, due almost entirely to a projected increase in school Having considered the report of the Working Group on population. Even without a precise figure, the Group the Financing of the United Nations Relief and Works said, it was clear that, if UNRWA was not to slip back Agency for Palestine Refugees in the Near East, into deep financial difficulties, the funds provided Taking into account the report of the Commissioner- for 1987 would have to be increased. General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period In concluding remarks, the Working Group noted from 1 July 1985 to 30 June 1986, that the financial situation in 1986 was less critical Gravely concerned at the critical financial situation of the than in 1985 and the Commissioner-General ex- Agency, which has already reduced the essential minimum pected to be able to maintain services to refugees services being provided to the Palestine refugees and which without interruption; it congratulated him on his threatens even greater reductions in the future, successful efforts and expressed appreciation to Emphasizing the urgent need for extraordinary efforts donors, especially those that increased their 1986 in order to maintain, at least at their present minimum contributions. level, the activities of the Agency, The fact that little much-needed construction was 1. Commends the Working Group on the Financing of the United Nations Relief and Works Agency for undertaken in 1986 was, however, a matter of con- Palestine Refugees in the Near East for its efforts to assist cern; many of UNRWA's facilities were in need of in ensuring the Agency's financial security; replacement and in recent years work had had to 2. Takes note with approval of the report of the Work- be postponed for lack of funds. The Group ing Group; recognized that priority must be given to maintaining 3. Requests the Working Group to continue its efforts, services and that funds could only be allocated to in co-operation with the Secretary-General and the construction when services were assured; it endorsed Commissioner-General, for the financing of the Agency the Commissioner-General's efforts to seek fund- for a further period of one year; ing for construction from non-governmental sources, 4. Requests the Secretary-General to provide the necessary services and assistance to the Working Group as well as his efforts to persuade Governments to for the conduct of its work. make special contributions for construction. The Group welcomed the introduction of a three- General Assembly resolution 41/69 B year medium-term plan as being of great assistance 3 December 1986 Meeting 95 Adopted without vote to donor countries, by giving them advance gui- Approved by Special Political Committee (A/41/754) without vote, 4 November (meeting 19); 17-nation draft (A/S PC/41/L.8); agenda item 75. dance on future financial needs, and as providing Sponsors: Austria, Bangladesh, Canada, Denmark, Germany, Federal Republic of, opportunities to improve programme development India, Indonesia, Liberia, Malaysia, Netherlands, New Zealand, Nigeria, Pakistan, Philippines, Spam, Sweden, Yugoslavia. and evaluation. Financial implications. S-G, A/S PC/41/L.18. Noting that expenditure in 1987 was expected Meeting numbers. GA 41st session: SPC 13-19; plenary 95. to be some 5 per cent higher than in 1986, the Group urged all Governments to recognize that UNRWA Accounts for 1985 would need additional financial support. Following the audit of the UNRWA financial statements for the year ended 31 December 1985, the Board of Auditors made its recommendations(7) GENERAL ASSEMBLY ACTION ACABQ, in September 1986,(8) commented on the On 3 December 1986, on the recommendation Board's report. of the Special Political Committee, the General The General Assembly, in resolution 41/176, Assembly adopted resolution 41/69 B without vote. accepted the audited financial statements and re- Working Group on the Financing of the United quested remedial action as required by the Board's Nations Relief and Works Agency and the Advisory Committee's comments and obser- for Palestine Refugees in the Near East vations. The General Assembly, Recalling its resolutions 2656(XXV) of 7 December 1970, Claims for compensation 2728(XXV) of 15 December 1970, 2791(XXVI) of 6 December 1971, 2964(XXVII) of 13 December 1972, According to the Commissioner-General, UNRWA 3090(XXVIII) of 7 December 1973, 3330(XXIX) of 17 had received no response to a 1984 claim against December 1974, 3419 D (XXX) of 8 December 1975, Israel for $4,381,867 as compensation for loss and 31/15 C of 23 November 1976, 32/90 D of 13 December damage caused to Agency property and facilities 1977, 33/112 D of 18 December 1978, 34/52 D of 23 as a result of the invasion of Lebanon in 1982. The Middle East 343

General Assembly had called for such compensa- to provide land and other facilities. The plan's first tion in 1983,(9) 1984(10) and 1985.(11) A separate phase was implemented in the summer of 1986 claim had been made for $194,901 for loss and when heads of families in groups of 25 visited plots damage caused by Israeli military action in Leb- assigned to them in the housing project and reg- anon before June 1982. There had also been no istered their belongings with the Israeli authorities. response from Israel to UNRWA's claim, lodged in The second phase—the construction of their 1969, for damage arising out of the 1967 hostilities. homes by the heads of family—was temporarily No progress had been made over claims against delayed. UNRWA had made provision within its the Syrian Arab Republic, relating mainly to the regular programmes for education and health care levy of certain taxes from which UNRWA believed for the refugees upon their return; in the mean it was exempt under existing agreements. time, it continued to provide them with services, Likewise, there had been no progress with regard including elementary and preparatory education to the establishment of a joint committee of the for some 1,200 refugee children and basic health Jordanian Government and UNRWA to discuss the care focusing mainly on mother and child health Agency's claims against the former, which included services. Rations, blankets and clothing were those arising out of the 1967 hostilities and the distributed to the majority of those refugees, most disturbances of 1970 and 1971, despite an under- of whom were unemployed and lived in hardship. standing reached in 1984 that Jordan would nom- inate representatives to the joint committee. The GENERAL ASSEMBLY ACTION Syrian Government, however, responded in June On 3 December 1986, acting on the recommen- 1986 to UNRWA's requests for a more favourable dation of the Special Political Committee, the General exchange rate, advising that henceforth the tour- Assembly adopted resolution 41/69 C without vote. ist rate of exchange would apply to United Na- tions transactions; in doing so, it helped reduce Assistance to persons displaced as a result of the projected shortfall in UNRWA's 1986 income the June 1967 and subsequent hostilities and made it easier for donors to fund much- The General Assembly, needed construction of new school and other Recalling its resolution 40/165 C of 16 December 1985 facilities in the Syrian Arab Republic. and all its previous resolutions on the question, Taking note of the report of the Commissioner-General Related resolution: GA 41/69 I. of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1985 to 30 June 1986, Other aspects Concerned about the continued human suffering resulting from the hostilities in the Middle East, Displaced persons 1. Reaffirms its resolution 40/165 C and all its Humanitarian assistance previous resolutions on the question; 2. Endorses, bearing in mind the objectives of those In addition to relief services, which included the resolutions, the efforts of the Commissioner-General of provision of basic food commodities, blankets, the United Nations Relief and Works Agency for clothing, shelter repair and cash grants, UNRWA Palestine Refugees in the Near East to continue to pro- continued to provide in 1986 a small measure of vide humanitarian assistance as far as practicable, on humanitarian assistance to persons displaced as an emergency basis and as a temporary measure, to a result of the June 1967 and subsequent hostilities other persons in the area who are at present displaced in the Middle East but who were not registered and in serious need of continued assistance as a result with UNRWA as refugees. In Jordan, UNRWA con- of the June 1967 and subsequent hostilities; tinued to distribute rations on the Government's 3. Strongly appeals to all Governments and to organizations and individuals to contribute generously behalf to some 193,000 persons. Also in Jordan, for the above purposes to the United Nations Relief and UNRWA administered jointly with OXFAM (United Works Agency for Palestine Refugees in the Near East Kingdom) two day-care centres for mentally and to the other intergovernmental and non- disabled children at Suf and Jerash camps; a third governmental organizations concerned. centre, scheduled to open in 1987, had been con- General Assembly resolution 41/69 C structed. 3 December 1986 Meeting 95 Adopted without vote In 1986 after prolonged negotiations, Egypt and Approved by Special Political Committee (A/41/754) without vote, 4 November Israel agreed on a solution to the problem of 4,600 (meeting 19); 22-nation draft (A/S PC/41/L9); agenda item 75. refugees left on the Egyptian side of the interna- Sponsors: Austria, Bangladesh, Belgium, Canada, Cyprus, Denmark, Finland, Ger- many, Federal Republic of, Greece, India, Indonesia, Ireland, Italy, Japan, tional boundary at Rafah when Israel withdrew Malaysia, Mali, Netherlands, Norway, Pakistan, Philippines, Sri Lanka, Sweden. from the Sinai in April 1982. The solution pro- Meeting numbers. GA 41st session: SPC 13-19; plenary 95. vided for a phased return of the refugees to the Gaza Strip for settlement in the Tel al-Sultan hous- Repatriation of refugees ing project near Rafah. Financial help would be Report of the Secretary-General. In accord- given to the refugees by Egypt, while Israel offered ance with a 1985 General Assembly resolution(12) 344 Political and security questions

the Secretary-General submitted in September December 1982, 38/83 G of 15 December 1983, 39/99 G 1986 a report(13) on population and refugees of 14 December 1984 and 40/165 G of 16 December displaced since 1967. In response to his February 1985, 1986 request to Israel for information on its steps Having considered the report of the Commissioner- to facilitate the return of displaced inhabitants, General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the Israel on 16 July had referred to its position as set period from 1 July 1985 to 30 June 1986, and the re- out in successive annual replies, the most recent (14) port of the Secretary-General, in September 1985. Contrary to claims in the 1. Reaffirms the inalienable right of all displaced in- 1985 resolution, Israel said, it had made every ef- habitants to return to their homes or former places of fort to review individual cases of resettlement residence in the territories occupied by Israel since 1967, based on the merits of each case; as a result, the and declares once more that any attempt to restrict, or total number of persons that had returned since to attach conditions to, the free exercise of the right to 1967 was approximately 72,000. return by any displaced person is inconsistent with that The Secretary-General also obtained informa- inalienable right and inadmissible; 2. Considers any and all agreements embodying any tion from the Commissioner-General on the re- restriction on, or condition for, the return of the turn of refugees registered with UNRWA. Since displaced inhabitants as null and void; UNRWA was not involved in arrangements for re- 3. Strongly deplores the continued refusal of the Israeli turn, the data were based on requests by return- authorities to take steps for the return of the displaced ing registered refugees for transfer of their entitle- inhabitants; ment for services to the areas to which they had 4. Calls once more upon Israel: returned; UNRWA would not necessarily be aware (a) To take immediate steps for the return of all of the return of any registered refugees who did displaced inhabitants; not request the provision of services. So far as was (b) To desist from all measures that obstruct the re- known to UNRWA, 150 refugees registered with the turn of the displaced inhabitants, including measures affecting the physical and demographic structure of the Agency returned to the West Bank between 1 July occupied territories; 1985 and 30 June 1986, and 23 to the Gaza Strip; 5. Requests the Secretary-General, after consulting some of those might not themselves have been with the Commissioner-General of the United Nations displaced in 1967, UNRWA noted, but might be Relief and Works Agency for Palestine Refugees in the members of the family of a displaced registered Near East, to report to the General Assembly, before refugee whom they had accompanied on return the opening of its forty-second session, on Israel's com- or joined afterwards. The number of displaced reg- pliance with paragraph 4 above. istered refugees known by UNRWA to have General Assembly resolution 41/69 G returned to the occupied territories since June 1967 3 December 1986 Meeting 95 126-2-25 (recorded vote) was about 10,900. The Agency was unable to Approved by Special Political Committee (A/41/754) by recorded vote (97-2-23), estimate the total number of displaced inhabitants 4 November (meeting 19); 9-nation draft (A/SPC/41/L13); agenda item 75. Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, India, Indonesia, Malaysia, Pak- who had returned, as it kept records only of reg- istan, Yugoslavia. istered refugees and even those records, par- Meeting numbers. GA 41st session: SPC 13-19; plenary 95. ticularly with respect to the location of refugees, Recorded vote in Assembly as follows: might be incomplete. In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bo- tswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, GENERAL ASSEMBLY ACTION Byelorussian SSR, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Côte d'lvoire,a Cuba, Cyprus, Czechoslovakia, On 3 December 1986, on the recommendation Democratic Kampuchea, Democratic Yemen, Djibouti, Dominican Republic, Ec- of the Special Political Committee, the General uador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Gabon, German Democratic Republic, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Assembly adopted resolution 41/69 G by Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Japan, recorded vote. Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Population and refugees displaced since 1967 Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philip- The General Assembly, pines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Vincent and the Recalling Security Council resolution 237(1967) of 14 Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, June 1967, Singapore, Solomon Islands, Somalia, Spam, Sri Lanka, Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Recalling also its resolutions 2252(ES-V) of 4 July 1967, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, 2452 A (XXIII) of 19 December 1968, 2535 B (XXIV) Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe. of 10 December 1969, 2672 D (XXV) of 8 December Against: Israel, United States. 1970, 2792 E (XXVI) of 6 December 1971, 2963 C and Abstaining: Australia, Austria, Belgium, Cameroon, Canada, Costa Rica, Den- mark, Finland, France, Germany, Federal Republic of, Grenada, Iceland, Ireland, D (XXVII) of 13 December 1972, 3089 C (XXVIII) Italy, Liberia, Luxembourg, Malawi, Netherlands, New Zealand, Norway, Saint of 7 December 1973, 3331 D (XXIX) of 17 December Lucia, Swaziland, Sweden, United Kingdom, Zaire. 1974, 3419 C (XXX) of 8 December 1975, 31/15 D of a Later advised the Secretariat it had intended to abstain. 23 November 1976, 32/90 E of 13 December 1977, 33/112 F of 18 December 1978, 34/52 E of 23 November The United States considered the text highly 1979, ES-7/2 of 29 July 1980, 35/13 E of 3 November controversial and biased. In Sweden's view, it 1980, 36/146 B of 16 December 1981, 37/120 G of 16 seemed to rule out negotiations on the modalities Middle East 345 that would enable Palestinians displaced as a re- General Assembly at its forty-second session on the im- sult of the 1967 war to return to their homes. plementation of the present resolution. General Assembly resolution 41/69 F Food aid 3 December 1986 Meeting 95 130-20-4 (recorded vote) The General Assembly, in December 1986, Approved by Special Political Committee (A/41/754) by recorded vote (98-20-4), 4 November (meeting 19); 8-nation draft (A/SPC/41/L12); agenda item 75. again called for resumption of the general ration Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Indonesia, Malaysia, Pakistan, distribution to Palestine refugees which had been Yugoslavia. suspended in September 1982,(15) except in Leb- Meeting numbers. GA 41st session: SPC 13-19; plenary 95. anon where it had ceased in March 1984. (16) In Recorded vote in Assembly as follows: (17) In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- September 1986, the Secretary-General re- tina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bo- ported that response to the Assembly's 1985 tswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, (18) Byelorussian SSR, Cape Verde, Central African Republic, Chad, Chile, China, call for generous contributions had not been Colombia, Comoros, Congo, C6te d'lvoire, Cuba, Cyprus, Czechoslovakia, forthcoming; the annual cost of reinstating the Democratic Kampuchea, Democratic Yemen, Djibouti, Dominican Republic, Ec- uador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Gabon, German basic ration for 1,606,000 eligible refugees would Democratic Republic, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea- be $66.7 million, including $6.1 million in cash. Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica, Since the required additional resources had not Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahinya, Madagascar, Malawi, Malaysia, Maldives, Mali, been at UNRWA's disposal in 1986, it had had to Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, use the available income to maintain its education, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Saint Christopher health and welfare programmes at the 1985 level and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and it had not been possible to consider resuming and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, the ration distribution. Somalia, Sri Lanka, Sudan, Surmame, Swaziland, Syrian Arab Republic, Thai- land, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. GENERAL ASSEMBLY ACTION Against: Australia, Belgium, Canada, Denmark, Finland, France, Germany, On 3 December 1986, acting on the recommen- Federal Republic of, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Sweden, United Kingdom, United dation of the Special Political Committee, the States. General Assembly adopted resolution 41/69 F by Abstaining: Austria, Cameroon, Costa Rica, Spam. recorded vote. The United States, stressing support for the Resumption of the ration distribution Commissioner-General's efforts to make best to Palestine refugees possible use of UNRWA's scarce resources, felt that The General Assembly, the text was aimed at restricting his discretionary Recalling its resolutions 36/146 F of 16 December 1981, powers. Without sufficient financial resources, 37/120 F of 16 December 1982, 38/83 F of 15 December Sweden stated, the resumption of the ration 1983, 39/99 F of 14 December 1984 and 40/165 F of 16 December 1985 and all its previous resolutions on the distribution as requested would endanger the question, including resolution 302(IV) of 8 December vitally important educational and health care ac- 1949, tivities which must be given highest priority. Having considered the report of the Commissioner- General of the United Nations Relief and Works Agency Education and training services for Palestine Refugees in the Near East, covering the period from 1 July 1985 to 30 June 1986 and the report Schools and teacher training centres of the Secretary-General, The aim of the UNRWA education programme Deeply concerned at the interruption by the Agency, was to provide, within the framework of the cur- owing to financial difficulties, of the general ration ricula prescribed by the host countries, general distribution to Palestine refugees in all fields, education, teacher and higher education, and 1. Regrets that its resolutions 37/120 F, 38/83 F, vocational and technical training for Palestine 39/99 F and 40/165 F have not been implemented; 2. Calls once again upon all Governments, as a mat- refugees in accordance with their educational ter of urgency, to make the most generous efforts possi- needs, identity and cultural heritage. In 1986, ble and to offer the necessary resources to meet the needs UNRWA spent $116.3 million on its education pro- of the United Nations Relief and Works Agency for gramme under the General Fund and $5.7 million Palestine Refugees in the Near East, particularly in the under project funds. light of the interruption by the Agency of the general Under an agreement between UNRWA and ration distribution to Palestine refugees in all fields, and UNESCO, the latter continued to provide technical therefore urges non-contributing Governments to con- and professional advice to the Commissioner- tribute regularly and contributing Governments to con- sider increasing their regular contributions; General on aspects of the UNRWA education pro- 3. Requests the Commissioner-General to resume on gramme, which included schooling for some a continuing basis the interrupted general ration 350,000 Palestine refugee children through nine distribution to Palestine refugees in all fields; grades of elementary and preparatory education 4. Requests the Secretary-General, in consultation in 635 schools. In Jordan and the Syrian Arab with the Commissioner-General, to report to the Republic, schools operated normally throughout 346 Political and security questions the year. In Lebanon, the disturbed situation GENERAL ASSEMBLY ACTION seriously affected school operations; schools in certain On 3 December 1986, on the recommendation areas, however, notably in the Bekaa Valley and of the Special Political Committee, the General Assem- Tripoli, operated normally with only minor, short- bly adopted resolution 41/69 K by recorded vote. lived interruptions of services. In the Beirut area, all schools were inoperative from November 1986 on. University of Jerusalem "Al-Quds" Pre-service and in-service teacher training was for Palestine refugees offered; pre-service training was given to some The General Assembly, Recalling its resolutions 36/146 G of 16 December 1981, 1,000 trainees at three training centres, one in Jor- 37/120 C of 16 December 1982, 38/83 K of 15 December dan and two at Ramallah in the West Bank, and 1983, 39/99 K of 14 December 1984 and 40/165 D and a variety of in-service training courses were con- K of 16 December 1985, ducted through education development centres Having considered the report of the Secretary-General, located in the five fields of operation. Having also considered the report of the Commissioner- Some 4,000 young men and women received General of the United Nations Relief and Works Agency vocational and technical education in eight train- for Palestine Refugees in the Near East, covering the period ing centres located throughout UNRWA's areas of from 1 July 1985 to 30 June 1986, operation; the trend was to increase the number 1. Emphasizes the need for strengthening the educa- tional system in the Arab territories occupied since 5 June of trainees in that area and to reduce teacher train- 1967, including Jerusalem, and specifically the need for ing to reflect market trends in employment the establishment of the proposed university; possibilities. 2. Requests the Secretary-General to continue to take Thanks to an increase in financial contributions all necessary measures for establishing the University of to the Agency's construction programme, UNRWA Jerusalem "Al-Quds", in accordance with General was able to build or renovate several educational Assembly resolution 35/13 B of 3 November 1980, giv- facilities. ing due consideration to the recommendations consis- tent with the provisions of that resolution; 3. Calls once more upon Israel, the occupying Power, Proposed University of Jerusalem "A/ Quds" to co-operate in the implementation of the present resolu- Report of the Secretary-General. As requested tion and to remove the hindrances that it has put in the by the General Assembly in 1985,(19) the way of establishing the University of Jerusalem "Al-Quds"; Secretary-General reported in July 1986(20) on ef- 4. Requests the Secretary-General to report to the forts to establish a university for Palestine refugees General Assembly at its forty-second session on the progress at Jerusalem, first considered by the Assembly in made in the implementation of the present resolution. (21) 1980. Since then, he had submitted four an- General Assembly resolution 41/69 K nual reports on measures he had taken, including 3 December 1986 Meeting 95 152-2 (recorded vote) the preparation of a functional feasibility study Approved by Special Political Committee (A/41/754) by recorded vote (120-2), 4 concerning the proposed university which he con- November (meeting 19); 10-nation draft (A/SPC/41/L17); agenda item 75. Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Jordan, India, Indonesia, Malaysia, sidered necessary; to that end, after adoption of Pakistan, Yugoslavia. the 1985 resolution, he had contacted the Rector Meeting numbers. GA 41st session: SPC 13-19; plenary 95. of the United Nations University who had Recorded vote in Assembly as follows: designated Federico Mayor, of the Universidad In favour. Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Autonoma in Madrid, a qualified expert to assist Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, in the study's preparation. Burma, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'lvoire, In order to carry out his task, the expert would Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Den- be expected to visit the area and meet with the mark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, German Democratic Republic, Germany, competent Israeli officials, the Secretary-General Federal Republic of, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, informed Israel on 12 March 1986. Replying on Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, 10 June, Israel referred to its previous Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, (22) Lebanon, Lesotho, Liberia, Libyan Arab Jamahinya, Luxembourg, Madagascar, statements adding that the sponsors of the an- Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, nual resolution were exploiting higher education Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philip- to politicize extraneous issues. The higher pines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Christopher and Nevis, academic institutions in Judaea and Samaria were Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Somalia, Spam, successfully meeting all the requirements of the Sri Lanka, Sudan, Surmame, Swaziland, Sweden, Syrian Arab Republic, Thai- area's inhabitants, Israel pointed out, adding that land, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, it had enabled the establishment of five universities Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. there, as well as other colleges and teacher train- Against: Israel, United States. ing schools. Until clarifications to questions it had raised were provided, Israel was unable to take the In the view of the United States, the text was matter further. In view of Israel's position, the purely political and did not satisfy the educational Secretary-General said, it had not been possible requirements of the refugees. to complete the feasibility study. Related resolution: GA 41/69 D. Middle East 347

Scholarships Medical Aid for Palestinians; and a one-year Report of the Secretary-General. In a scholarship in public health nursing by the British September 1986 report(23) submitted in accord- Save the Children Fund. ance with a 1985 General Assembly resolu- (24) tion the Secretary-General provided infor- GENERAL ASSEMBLY ACTION mation on responses to the Assembly's annual (25) On 3 December 1986, acting on the recommen- appeals beginning in 1977 for special alloca- dation of the Special Political Committee, the tions for grants and scholarships to Palestine General Assembly adopted resolution 41/69 D by refugees, for which UNRWA acted as recipient recorded vote. and trustee. In 1986, the Federal Republic of Germany of- Offers by Member States of grants and scholarships fered three fellowships to Palestine refugee for higher education, including graduates of UNRWA vocational training centres. vocational training, for Palestine refugees Japan offered 15 training scholarships for voca- The General Assembly, Recalling its resolution 212(III) of 19 November 1948 tional training instructors; as at 29 August, eight on assistance to Palestine refugees, candidates had been proposed for the scholarships Recalling also its resolutions 35/13 B of 3 November which were tenable in Japan under the guidance 1980, 36/146 H of 16 December 1981, 37/120 D of 16 of the Japan International Co-operation Agency. December 1982, 38/83 D of 15 December 1983, 39/99 D In addition, Japan proposed in 1986 sending up of 14 December 1984 and 40/165 D of 16 December to three specialists to the Wadi Seer Training Cen- 1985, tre in Jordan to give on-the-job training to UNRWA Cognizant of the fact that the Palestine refugees have, instructors in automobile mechanics and diesel for the last three decades, lost their lands and means engine courses. of livelihood, Among United Nations agencies and organiza- Having considered the report of the Secretary-General, tions, the Universal Postal Union resumed Having also considered the report of the Commissioner- General of the United Nations Relief and Works Agency assistance by granting scholarships for further for Palestine Refugees in the Near East, covering the training in the postal field to two Palestinian period from 1 July 1985 to 30 June 1986, students; the first scholarship was to be applied to 1. Urges all States to respond to the appeal contained the study cycle from October 1986 to September in General Assembly resolution 32/90 F of 13 December 1990. The International Labour Organisation 1977 in a manner commensurate with the needs of (ILO) indicated that scholarships for training in Palestine refugees for higher education, including voca- hygiene and safety would be granted in 1986; an tional training; ILO expert continued to assist a UNDP project to 2. Strongly appeals to all States, specialized agencies help Palestinian women's institutions promote and non-governmental organizations to augment the vocational training. UNIDO provided a six-week special allocations for grants and scholarships to Palestine refugees in addition to their contributions to course in industrial co-operation to 12 Palestinians the regular budget of the United Nations Relief and from the territories, which was held at ILO's In- Works Agency for Palestine Refugees in the Near East; ternational Centre for Advanced Technical and 3. Expresses its appreciation to all Governments, spe- Vocational Training at Turin, Italy. cialized agencies and non-governmental organizations As part of a long-standing agreement with that responded favourably to General Assembly resolu- UNRWA, UNESCO awarded five scholarships to tion 40/165 D; UNRWA education staff, in addition to a number 4. Invites the relevant specialized agencies and other of fellowships to students from the occupied ter- organizations of the United Nations system to continue, ritories and to teaching staff of educational institu- within their respective spheres of competence, to extend assistance for higher education to Palestine refugee tions in those territories. The World Health students; Organization awarded five regional and interna- 5. Appeals to all States, specialized agencies and the tional fellowships in post-graduate training, aimed United Nations University to contribute generously to at developing the technical and managerial skills the Palestinian universities in the territories occupied of UNRWA health staff and at meeting future by Israel since 1967, including, in due course, the pro- replacement needs under various health posed University of Jerusalem "Al-Quds" for Palestine disciplines. A scholarship was also granted by the refugees; World Intellectual Property Organization. 6. Also appeals to all States, specialized agencies and Fellowships granted by NGOs to Palestine other international bodies to contribute towards the establishment of vocational training centres for Palestine refugees included two 10-month fellowships for refugees; study of community nursing by the Australian 7. Requests the United Nations Relief and Works People for Health, Education and Development; Agency for Palestine Refugees in the Near East to act a one-year fellowship for post-graduate study in as the recipient and trustee for the special allocations water and waste engineering by the British Coun- for grants and scholarships and to award them to cil; a 27-month fellowship in midwifery, by qualified Palestine refugee candidates; 348 Political and security questions

8. Requests the Secretary-General to report to the GENERAL ASSEMBLY ACTION General Assembly at its forty-second session on the im- On 3 December 1986, acting on the recommen- plementation of the present resolution. dation of the Special Political Committee, the General Assembly resolution 41/69 D General Assembly adopted resolution 41/69 H by 3 December 1986 Meeting 95 153-0-1 (recorded vote) recorded vote. Approved by Special Political Committee (A/41/754) by recorded vote (121-0-1), 4 Revenues derived from Palestine refugee properties November (meeting 19); 9-nation draft (A/SPC/41/L.10); agenda item 75. Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Indonesia, Jordan, Malaysia, The General Assembly, Pakistan, Yugoslavia. Recalling its resolutions 35/13 A to F of 3 November Meeting numbers. GA 41st session: SPC 13-19; plenary 95. 1980, 36/146 C of 16 December 1981, 37/120 H of 16 Recorded vote in Assembly as follows: December 1982, 38/83 H of 15 December 1983, 39/99 H In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- of 14 December 1984, 40/165 H of 16 December 1985 tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, and all its previous resolutions on the question, including Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina resolution 194(III) of 11 December 1948, Faso, Burma, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Cen- tral African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Taking note of the report of the Secretary-General, Rica, Côte d'lvoire, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Taking note also of the report of the United Nations Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Conciliation Commission for Palestine, covering the El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, German Democratic Republic, Germany, Federal Republic of, Ghana, Greece, Grenada, period from 1 September 1985 to 31 August 1986, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, Recalling that the Universal Declaration of Human India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Rights and the principles of international law uphold Lao People's Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, the principle that no one shall be arbitrarily deprived Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, of his or her private property, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Considering that the Palestine Arab refugees are en- Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, titled to their property and to the income derived from Romania, Rwanda, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra their property, in conformity with the principles of jus- Leone, Singapore, Solomon Islands, Somalia, Spam, Sri Lanka, Sudan, Sunname, tice and equity, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Recalling, in particular, its resolution 394(V) of 14 Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Vanuatu, December 1950, in which it directed the United Nations Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. Conciliation Commission for Palestine, in consultation Against: None. with the parties concerned, to prescribe measures for Abstaining: Israel. the protection of the rights, property and interests of the Palestine Arab refugees, The United States believed that the text pro- Taking note of the completion of the programme of vided for some of the needs of the refugees in a identification and evaluation of Arab property, as an- tangible manner, but it disapproved of the nounced by the United Nations Conciliation Commis- reference in paragraph 5 to the proposed univer- sion for Palestine in its twenty-second progress report, sity at Jerusalem for Palestine refugees. and of the fact that the Land Office had a schedule of Arab owners and file of documents defining the loca- tion, area and other particulars of Arab property, Property rights 1. Requests the Secretary-General to take all ap- Report of the Secretary-General. In September propriate steps, in consultation with the United Nations 1986,(26) the Secretary-General submitted a report Conciliation Commission for Palestine, for the protec- on revenues derived from Palestine refugee prop- tion and administration of Arab property, assets and erties, as requested in a 1985 General Assembly property rights in Israel, and to establish a fund for the (27) receipt of income derived therefrom, on behalf of the resolution which in February 1986 he had rightful owners; brought to Israel's attention asking for informa- 2. Calls once more upon Israel to render all facilities tion regarding its implementation. Replying on 16 and assistance to the Secretary-General in the im- July, Israel stated that its position had been set out plementation of the present resolution; (28) previously, most recently in 1985. With regard 3. Calls upon the Governments of all the other to the Assembly's request for information from Member States concerned to provide the Secretary- other States on Arab property, assets and prop- General with any pertinent information in their posses- erty rights in Israel, no replies had been received. sion concerning Arab property, assets and property rights in Israel, which would assist the Secretary-General Report of the Conciliation Commission. In its in the implementation of the present resolution; report covering the period from 1 September 1985 (29) 4. Deplores Israel's refusal to co-operate with the to 31 August 1986 the United Nations Con- Secretary-General in the implementation of the resolu- ciliation Commission for Palestine stated that the tions on the question; circumstances which had limited its possibilities 5. Requests the Secretary-General to report to the of action regarding compensation for Palestine General Assembly at its forty-second session on the im- refugee properties remained unchanged. The plementation of the present resolution. Commission hoped, however, that the situation in General Assembly resolution 41/69 H the region would improve, thus enabling it to carry 3 December 1986 Meeting 95 124-2-28 (recorded vote) forward its work in accordance with its (30) Approved by Special Political Committee (A/41/754) by recorded vote (97-2-24), mandate 4 November (meeting 19); 8-nation draft (A/SPC/41/L.14); agenda Item 75. Middle East 349

Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, India, Indonesia, Malaysia, Pakistan. around Beirut, and heavy fighting in Tripoli Meeting numbers. GA 41st session: SPC 13-19; plenary 95. resulted in the death and injury of hundreds more. Recorded vote in Assembly as follows: Intensified fighting in the camps around Beirut In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- had prompted Democratic Yemen to transmit an tina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bo- urgent plea of 2 June from PLO to the Secretary- tswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, (34) Byelorussian SSR, Cape Verde, Central African Republic, Chile, China, Colom- General to end the fighting and the United bia, Comoros, Congo, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Arab Emirates had transmitted an 11 June letter Democratic Yemen, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Gabon, German Democratic Republic, Ghana, from PLO, which charged that Amal gangs and Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, the sixth brigade of the Lebanese army continued Hungary, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao Peo- ple's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahinya, shelling the camps in an attempt to break into (35) Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, them. Mongolia, Morocco, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pak- istan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, The UNRWA Commissioner-General continued Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and his efforts in consultation with the Secretary- Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, General to contribute to the safety and security Somalia, Spam, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, of the refugees in all the occupied territories. USSR, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Following the withdrawal of the Israeli forces from Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe. Against: Israel, United States. the Sidon and Tyre areas in Lebanon, the Abstaining: Australia, Austria, Belgium, Cameroon, Canada, Chad, Costa Rica, Secretary-General stated that there was nothing Cote d'lvoire, Denmark, Fiji, Finland, France, Germany, Federal Republic of, Ice- further to report regarding the Palestine refugees land, Ireland, Italy, Japan, Liberia, Luxembourg, Malawi, Netherlands, New Zealand, Norway, Papua New Guinea, Saint Christopher and Nevis, Sweden, in Lebanon in the context of refugee protection. United Kingdom, Zaire. GENERAL ASSEMBLY ACTION The United States felt that the questions of repatriation and compensation could be settled On 3 December 1986, on the recommendation more satisfactorily within the framework of of the Special Political Committee, the General Assembly adopted resolution 41/69 I by recorded negotiations. The right of Palestine refugees to re- cover property or be compensated should be dealt vote. with in the context of a comprehensive Middle Protection of Palestine refugees East solution, said Sweden. The General Assembly, Recalling Security Council resolutions 508(1982) of 5 June 1982, 509(1982) of 6 June 1982, 511(1982) of 18 June Refugee protection 1982, 512(1982) of 19 June 1982, 513(1982) of 4 July 1982, Protection of Palestine refugees, especially those 515(1982) of 29 July 1982, 517(1982) of 4 August 1982, in Lebanon, was again in 1986 the subject of a 518(1982) of 12 August 1982, 519(1982) of 17 August General Assembly resolution. The Secretary- 1982, 520(1982) of 17 September 1982 and 523(1982) of General reported on steps taken to ensure their 18 October 1982, protection, as did the UNRWA Commissioner- Recalling its resolutions ES-7/5 of 26 June 1982, ES- (3) 7/6 and ES-7/8 of 19 August 1982, ES-7/9 of 24 General in his annual report September 1982, 37/120 J of 16 December 1982, 38/83 I Report of the Secretary-General. In September of 15 December 1983, 39/99 I of 14 December 1984 and 1986(31) the Secretary-General reported on the 40/165 I of 16 December 1985, implementation of a 1985 resolution(32) in which Having considered the report of the Secretary-General, the General Assembly held Israel responsible for Having also considered the report of the Commissioner- the security of the Palestine refugees in the oc- General of the United Nations Relief and Works Agency cupied territories and called on it for compensa- for Palestine Refugees in the Near East, covering the tion for the damage resulting from its invasion of period from 1 July 1985 to 30 June 1986, Referring to the humanitarian principles of the Geneva Lebanon. Responding on 16 July 1986 to the Convention relative to the Protection of Civilian Per- Secretary-General's February request for informa- sons in Time of War, of 12 August 1949, and to the tion on steps taken or envisaged in compliance obligations arising from the Regulations annexed to the with the resolution, Israel stated that its position Hague Convention IV of 1907, had been fully set out in 1985;(33) it rejected the Deeply concerned at the marked deterioration in the resolution, which brushed aside realities and was security situation experienced by the Palestine refugees particularly abhorrent as it omitted mention of the as stated by the Commissioner-General in his report, death and destruction in certain Arab countries. Deeply distressed at the continuous suffering of the Since April 1985, Syrian and Lebanese forces had Palestinians resulting from the Israeli invasion of Leb- killed over 2,500 Palestinians and wounded over anon and its consequences, Reaffirming its support for the sovereignty, unity and 6,300 in refugee camps in Lebanon; likewise, Pal- territorial integrity of Lebanon, within its internationally estinian camps in the Syrian Arab Republic and recognized boundaries, Jordan were the scenes of death, destruction and 1. Urges the Secretary-General, in consultation with misery. In May 1985, Shiite forces in Lebanon had the Commissioner-General of the United Nations Re- slaughtered hundreds of Palestinians in the camps lief and Works Agency for Palestine Refugees in the Near 350 Political and security questions

East, to undertake effective measures to guarantee the Explaining its vote on all texts under the agenda safety and security and the legal and human rights of item, Israel rejected what it called the slanderous the Palestine refugees in all the territories under Israeli propaganda onslaught against it on the false occupation in 1967 and thereafter; pretence of granting the Palestinian Arabs protec- 2. Holds Israel responsible for the security of the Palestine refugees in the Palestinian and other Arab ter- tion and assistance; it could not condone the dif- ritories occupied since 1967, including Jerusalem, and ferent criteria applied to various refugee situations. calls upon it to fulfil its obligations as the occupying Speaking for the 12 EC member States, the Power in this regard, in accordance with the pertinent United Kingdom, reaffirming their concern for the provisions of the Geneva Convention relative to the Pro- safety and rights of all Palestine refugees, regret- tection of Civilian Persons in Time of War, of 12 August ted that the text, which traditionally had addressed 1949; the problems of Palestine refugees in Lebanon, did 3. Calls once again upon Israel, the occupying Power, not reflect fully their current difficult cir- to release forthwith all detained Palestine refugees, in- cumstances. The text also lacked cohesion, and, cluding the employees of the United Nations Relief and with regard to paragraph 1, the EC members con- Works Agency for Palestine Refugees in the Near East; 4. Urges the Commissioner-General, in consultation sidered it important to avoid bringing into ques- with the Government of Lebanon, to provide housing tion Israel's responsibility as an occupying Power to the Palestine refugees whose houses were demolished for protecting the civilian population; it was for or razed by the Israeli forces; Israel to respect its obligations, whatever the cir- 5. Calls once again upon Israel to compensate the cumstances. Agency for the damage to its property and facilities In Sweden's opinion, the preamble was an im- resulting from the Israeli invasion of Lebanon, without provement over that of 1985 ; (32) however, it con- prejudice to Israel's responsibility for all damages tinued to regard as inappropriate that the resulting from that invasion; Secretary-General should guarantee the safety of 6. Requests the Secretary-General, in consultation the refugees in situations where he had no means with the Commissioner-General, to report to the General Assembly, before the opening of its forty-second of so doing. Furthermore, paragraph 3 was too session, on the implementation of the present resolution. general, while the sixth preambular paragraph, which had been taken from the Commissioner- General Assembly resolution 41/69 I General's report(3) referred specifically to the 3 December 1986 Meeting 95 121-2-29 (recorded vote) situation in Lebanon. Approved by Special Political Committee (A/41/754) by recorded vote (95-2-24), Finland supported all measures which might 4 November (meeting 19); 8-nation draft (A/SPC/41/L15); agenda item 75. Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, Indonesia, Malaysia, Pakistan, improve the refugees' protection and, although it Yugoslavia. appreciated the new preambular wording, par- Meeting numbers. GA 41st session: SPC 13-19; plenary 95. ticularly in the sixth paragraph, it regretted the Recorded vote in Assembly as follows: lack of balance in the text, which, it felt, ignored In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, the serious security problems of Palestine refugees Botswana, Brazil, Brunei Oarussalam, Bulgaria, Burkina Faso, Burma, Burundi, in Lebanon. It also had reservations on paragraphs Byelorussian SSR, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cote d'lvoire, Cuba, Cyprus, Czechoslovakia, 1 and 3 on the grounds that it was not the Democratic Kampuchea, Djibouti, Dominican Republic, Ecuador, Egypt, Secretary-General's task to guarantee security and Equatorial Guinea, Ethiopia, Fiji, Finland, Gabon, German Democratic Republic, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, India, because paragraph 3 was inaccurate and too Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic general. Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahinya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Austria also considered that there were positive Morocco, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua changes over the 1985 wording; it could, however, New Guinea, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, be improved, particularly in paragraph 3 where Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, it would be better to speak of Palestine refugees Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, detained for political reasons. Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tan- zania, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe. Against: Israel, United States. Palestine refugees in the Gaza Strip Abstaining: Australia, Belgium, Cameroon, Canada, Costa Rica, Denmark, El Salvador, France, Germany, Federal Republic of, Greece, Guatemala, Iceland, The situation in the Gaza Strip was less Ireland, Italy, Japan, Luxembourg, Malawi, Netherlands, New Zealand, Norway, dramatic than that in Lebanon, the UNRWA Panama, Portugal, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Spam, United Kingdom, Uruguay, Zaire. Commissioner-General stated when introducing his 1985/86 annual report(3) in the General For the United States, the text contained an Assembly's Special Political Committee, but unacceptable and unilateral condemnation of developments were building towards a serious Israel, disregarding the truth; making the crisis. The area was one of the most densely Secretary-General responsible for the safety, populated in the world and pressure on human security and rights of the Palestine refugees in the and physical resources was mounting. Local territories would pose legal and practical problems employment opportunities were diminishing and because it would be conducive to jurisdictional fresh water supplies were being consumed at clashes. nearly twice the replenishment rate. Residents Middle East 351. were evincing a growing sense of desperation and while two other rooms in that shelter were locked despair and there had been increasing demands on punitive grounds because of an alleged security on UNRWA for additional services, which limited offence by the shelter's owner. Also in June, nine resources had made impossible to meet. The time rooms in Gaza town, occupied by four refugee had come for the Assembly to look carefully at the families comprising 27 persons, were demolished, emerging situation and to attend to the need for on the grounds that the construction contravened co-ordinated action to ease the situation there. building regulations. Report of the Secretary-General. In September UNRWA was following up with the Israeli (36) authorities the rehousing of refugees who re- 1986 the Secretary-General reported on (40) Palestine refugees in the Gaza Strip, in accordance mained affected by the 1971 demolitions Of 87 with a 1985 resolution(37) in which the General families previously categorized as living in hard- Assembly again demanded that Israel desist from ship conditions, 19 were in hardship, 18 were in- removing and resettling them and from adequately and 37 were adequately housed, and demolishing their shelters. In reply to the 13 had previously purchased houses in Israeli- Secretary-General's February 1986 request for in- sponsored projects. The position of the 19 fami- formation regarding implementation of the resolu- lies living in hardship had been checked several tion, Israel stated on 16 July that its position had times during the reporting period; despite repeated been set out in successive annual replies, the latest assurances by Israel that they would be rehoused, in August 1985. (38) In addition, Israel had ad- little progress had been made. The authorities had dressed several points raised in the resolution in assured UNRWA, however, that a solution had been its 1985 statement before the Special Political developed and would be implemented as soon as Committee(39) The annual adoption of that possible. resolution reflected the refusal to acknowledge the During the reporting period, the improved living conditions in the Gaza district, Commissioner-General had received the following Israel added. No mention was made of the 120 per information relating to demolition of refugee cent increase since 1967 of pupils attending school shelters by Israel on the grounds that they had there, of the 25 per cent drop in illiteracy, or of been built without proper authority on State land the extensive development of medical care or the outside camp boundaries. Previously, it was stated improvement of environmental services, including that the Israeli authorities had told several fami- water supply, sewage and refuse disposal. More- lies living on the northern perimeter of Jabalia over, the demand that Israel desist from remov- camp to remove some of their shelter extensions ing and resettling refugees and from destroying and that those families had taken the matter to the shelters was based on groundless accusation. Since High Court of Israel(38) which had ruled against 1967, Israel had initiated community development them; no demolitions had taken place so far, al- projects, enabling some 80,000 people to leave though the shelters had been isolated by bulldoz- refugee camps and relocate to new residential ing sand around their premises and the authorities areas; the occupants of old shelters had been had had discussions with some members of the moved to new, better-quality homes and vacant, group. The 35 families whose shelters on the pe- dilapidated shelters had been demolished because rimeter of Beach camp had been demolished in of the threat they posed to the camps' sanitary con- 1983(41) had still not been rehoused—28 were liv- ditions. As a result, the level of housing in the area ing in self-built temporary shelters on or near the had improved significantly and the projects were same site and 7 had left the site. Recently, Israel becoming increasingly popular among the refugees had stated that it might be willing to consider because they improved their living conditions. allocating land to these families in a housing pro- The Secretary-General reported that, from ject, although not in Sheikh Radwan, the nearest September 1985 until the end of June 1986, Israel project. Some refugee families at Rafah camp had, had demolished 13 shelter rooms constructed by at the instance of the Israeli authorities, arranged the families, affecting seven refugee families com- to construct new houses on sites which would form prising 66 persons. In September 1985, two rooms part of the Tel el-Sultan housing project. Unfor- in the Rafah camp and one in a housing project tunately, some families lacked the ability to under- nearby had been demolished on the grounds that take such work; they remained in their original they had been occupied by persons alleged to have shelters but had sand bulldozed around, stabbed an Israeli in Gaza town; UNRWA had pro- sometimes as high as the shelter itself, on the tested to the authorities that the demolitions had grounds that the development of the area for future also rendered homeless other members of the fam- housing must continue. The Agency had urged the ilies against whom no allegations had been made, authorities to take a more humanitarian approach and constituted punitive action. Similarly, UNRWA towards those remaining. protested the June 1986 demolition of a room in In the year under review, according to available a Gaza town shelter, occupied by a family of nine, information, 381 refugee families, comprising 352 Political and security questions

2,366 persons, moved to 236 plots of land in away from the homes and property from which they were Israeli-sponsored housing projects; in addition, displaced constitute a violation of their inalienable right three families, comprising 20 persons, moved to of return, three completed housing units of nine rooms in Alarmed by the reports received from the all at the Sheikh Radwan project. As a pre- Commissioner-General that the Israeli occupying authorities, in contravention of Israel's obligation under condition, demolition of 627 shelter rooms had international law, persist in their policy of demolishing been required, of which 310 had been built by shelters occupied by refugee families, UNRWA, 7 with UNRWA assistance and 310 with- Emphasizing the statement contained in paragraph 16 out. Not only did that cause practical complica- of the report of the Commissioner-General, which reads tions in cases of extended families sharing the same as follows: shelters, where one family wished to move but an- "I believe I have a duty to draw the attention of other, usually the older, wanted to remain, it also Member States to the deteriorating conditions in the prevented UNRWA from using vacated shelters to Gaza Strip and urge that the international community help relieve the situation of other families living give serious consideration to what can be done to ease in poor, overcrowded conditions. conditions there. This problem warrants immediate attention", Israel had to date allocated approximately 3,714 1. Reiterates strongly its demand that Israel desist from plots of land in the Gaza Strip for housing pro- the removal and resettlement of Palestine refugees in the jects. A total of 2,303 plots had been built on by Gaza Strip and from the destruction of their shelters; 3,187 refugee families comprising 19,682 persons, 2. Requests the Commissioner-General to extend all 261 plots were under construction, 1,036 were va- the services of the United Nations Relief and Works cant and 114 had been built on by non-refugees. Agency for Palestine Refugees in the Near East to In addition, 2,915 families, consisting of 17,972 Palestine refugees in the Gaza Strip; persons, had moved into 2,649 completed hous- 3. Requests the Secretary-General, after consulting ing units, consisting of 5,837 rooms. with the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Refugee families continued to purchase plots at Near East, to report to the General Assembly, before subsidized rates for constructing houses in projects the opening of its forty-second session, on Israel's com- developed by the Israeli authorities in the Beit pliance with paragraph 1 above. Lahiya, Nazleh and Tel el-Sultan areas. A new de- velopment was the construction of multi-storey General Assembly resolution 41/69 E apartment blocks in Sheikh Radwan, sponsored 3 December 1986 Meeting 95 146-2-5 (recorded vote) Approved by Special Political Committee (A/41/754) by recorded vote (117-2-3), 4 by the Israeli authorities; the apartments were of- November (meeting 19); 9-nation draft (A/SPC/41/L.11); agenda item 75. fered for sale upon completion. Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, India, Indonesia, Malaysia, Pak- istan, Yugoslavia. Meeting numbers. GA 41st session: SPC 13-19; plenary 95. GENERAL ASSEMBLY ACTION Recorded vote in Assembly as follows: On 3 December 1986, acting on the recommen- In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, dation of the Special Political Committee, the Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina General Assembly adopted resolution 41/69 E by Faso, Burma, Burundi, Byelorussian SSR, Canada, Cape Verde, Central African recorded vote. Republic, Chad, Chile, China, Colombia, Comoros, Congo, C6te d'lvoire, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Palestine refugees in the Gaza Strip Ethiopia, Fiji, Finland, France, Gabon, German Democratic Republic, Germany, The General Assembly, Federal Republic of, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Recalling Security Council resolution 237(1967) of 14 Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, June 1967, Lebanon, Lesotho, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Malaysia, Recalling also its resolutions 2792 C (XXVI) of 6 Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mo- zambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Nor- December 1971, 2963 C (XXVII) of 13 December 1972, way, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, 3089 C (XXVIII) of 7 December 1973, 3331 D (XXIX) Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the of 17 December 1974, 3419 C (XXX) of 8 December Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, 1975, 31/15 E of 23 November 1976, 32/90 C of 13 Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, December 1977, 33/112 E of 18 December 1978, 34/52 F Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United of 23 November 1979, 35/13 F of 3 November 1980, Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, 36/146 A of 16 December 1981, 37/120 E of 16 December Yemen, Yugoslavia, Zambia, Zimbabwe. 1982, 38/83 E of 15 December 1983, 39/99 E of 14 Against: Israel, United States. December 1984 and 40/165 E of 16 December 1985, Abstaining: Cameroon, Costa Rica, Liberia, Malawi, Zaire. Having considered the report of the Commissioner- According to the United States, the text was General of the United Nations Relief and Works Agency controversial, was biased and condemned Israel for Palestine Refugees in the Near East, covering the period from 1 July 1985 to 30 June 1986, and the re- severely. port of the Secretary-General, Although firmly supporting efforts to improve Recalling the provisions of paragraph 11 of its resolu- the conditions of refugees in the Gaza Strip, the tion 194(III) of 11 December 1948 and considering that United Kingdom said it was the 12 EC members' measures to resettle Palestine refugees in the Gaza Strip understanding of the request in paragraph 2 that Middle East 353 the Commissioner-General's efforts depended on displaced constitute a violation of their inalienable right the resources available. Similarly, Austria found that of return, wording unsatisfactory; the request to extend all 1. Calls once again upon Israel to abandon those plans UNRWA services to the refugees was meant to take and to refrain from any action that leads to the removal and resettlement of Palestine refugees in the West Bank into account available means. Finland considered and from the destruction of their camps; that all services should be extended, it being understood 2. Requests the Secretary-General, in co-operation that resource limits would not be exceeded. with the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Palestine refugees in the West Bank Near East, to keep the matter under close supervision Report of the Secretary-General. Of the and to report to the General Assembly, before the open- 365,315 refugees in the West Bank registered with ing of its forty-second session, on any developments re- garding this matter. UNRWA, 272,870 lived outside camps, the Secretary-General noted in a September 1986 re- General Assembly resolution 41/69 J port. (42) He also reported that, in reply to his 3 December 1986 Meeting 95 145-2-6 (recorded vote) February request to Israel to inform him of any Approved by Special Political Committee (A/41/754) by recorded vote (115-2-5), 4 steps taken to implement the General Assembly's November (meeting 19); 9-nation draft (A/SPC/41/L16); agenda item 75. (43) Sponsors: Afghanistan, Bangladesh, Cuba, Egypt, India, Indonesia, Malaysia, Pak- 1985 resolution, in which it again called on istan, Yugoslavia. Israel to refrain from removing and resettling Meeting numbers. GA 41st session: SPC 13-19; plenary 95. refugees in the West Bank, Israel had stated on Recorded vote in Assembly as follows: 16 July that its position had been set out In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argen- (44) (45) tina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, previously, in 1984 and 1985. Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussian SSR, Cameroon, Canada, Cape Verde, Cen- The Secretary-General added that, while there tral African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cuba, had been occasional press reports concerning the Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, possible voluntary movement of Palestine refugees Djibouti, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, German Democratic Republic, Germany, Federal in the West Bank into new housing outside of .Republic of, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, camps, no such development had taken place. The Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, UNRWA Commissioner-General's position contin- Lebanon, Lesotho, Libyan Arab Jamahinya, Luxembourg, Madagascar, Malaysia, ued to be that, while he would hardly object if Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mo- zambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Nor- refugees voluntarily sought better housing outside way, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, a camp, he would strongly do so if any pressure Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent and the or coercion were used to make them move. The Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, mere fact of relocation outside the camps did not Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, affect eligibility for UNRWA services. Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe. GENERAL ASSEMBLY ACTION Against: Israel, United States. Abstaining: Costa Rica, Cote d'lvoire, El Salvador, Liberia, Malawi, Zaire. On 3 December 1986, acting on the recommen- dation of the Special Political Committee, the The United States was unable to support General Assembly adopted resolution 41/69 J by paragraph 1 because it would preclude pro- recorded vote. grammes aimed at improving the refugees' living conditions pending the achievement of a com- Palestine refugees in the West Bank The General Assembly, prehensive political settlement; it would therefore Recalling Security Council resolution 237(1967) of 14 also preclude programmes for constructing new June 1967, housing for those outside the camps, undertaken Recalling also its resolutions 38/83 J of 15 December on a voluntary basis by the refugees themselves in 1983, 39/99 J of 14 December 1984 and 40/165 J of 16 co-ordination with UNRWA. December 1985, Speaking for the EC members, the United Having considered the report of the Secretary-General, Kingdom said the reference in the fifth preambular Having also considered the report of the Commissioner- paragraph to Israel's demolition of the camps was General of the United Nations Relief and Works Agency contrary to the facts. Sweden interpreted the word- for Palestine Refugees in the Near East, covering the ing of paragraph 1 as a statement of Israel's period from 1 July 1985 to 30 June 1986, responsibility for refraining from displacing and Alarmed by Israel's demolition of Palestine refugee camps in the West Bank, relocating the refugees against their will, and it Alarmed also by Israel's plans to remove and resettle added that the use of the definite article in the sixth the Palestine refugees of the West Bank and to destroy preambular paragraph was misleading. their camps, Recalling the provisions of paragraph 11 of its resolu- REFERENCES tion 194(III) of 11 December 1948 and considering that (1)A/42/13. (2)YUN 1985, p. 353. (3)A/41/13. (4)A/42/13/Add.1. measures to resettle Palestine refugees in the West Bank (5)A/42/5/Add.3. (6)A/41/702. (7)A/41/5/Add.3 & Corr.l. away from the homes and property from which they were (8)A/41/632. 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Dec. 1983. (10)YUN 1984, p. 344, GA res. 39/99 I, 14 p. 340, GA res. 32/90 F, 13 Dec. 1977 (26)A/41/543. (27)YUN Dec. 1984. (11)YUN 1985, p. 364, GA res. 40/165 I, 16 1985, p. 363, GA res. 40/165 H, 16 Dec. 1985. (28) Ibid., Dec. 1985. Wlbid., p. 358, GA res. 40/165 G, 16 Dec. 1985. p. 364. (29)A/41/555. (30)YUN 1948-49, p. 174, GA (13)A/41/566. (14)YUN 1985, p. 358. (15)YUN 1982, p. 560. res. 194(III), 11 Dec. 1948. (31)A/41/567. (32)YUN 1985, (16)YUN 1984, p. 335. (17)A/41/565. (18)YUN 1985, p. 360, p. 364, GA res. 40/165 I, 16 Dec. 1985. (33)Ibid., p. 365. GA res. 40/165 F, 16 Dec. 1985. (19)Ibid., p. 361, GA (34)A/41/394-S/18128. (35)S/18153. (36)A/41/564. (37)YUN 1985, res. 40/165 K, 16 Dec. 1985. (20)A/41/457. (21)YUN 1980, p. 367, GA res. 40/165 E, 16 Dec. 1985. (38)Ibid., p. 366. p. 443, GA res. 35/13 B, 3 Nov. 1980. (22)YUN 1983, p. 351; (39)Ibid., p. 367. (40)YUN 1971, p. 198. ( 41)YUN 1983, p. 358. YUN 1984, p. 340; YUN 1985, p. 361. (23)A/41/563. (24)YUN (42)A/41/568. (43)YUN 1985, p. 368, GA res. 40/165 J, 16 1985, p. 362, GA res. 40/165 D, 16 Dec. 1985. (25)YUN 1977, Dec. 1985. ( 44)YUN 1984, p. 350. ( 45)YUN 1985, p. 368.