452 Political and security questions

Chapter VI Political and security questions Middle East

The political and security situation in the Middle particularly in the densely populated towns of East in 2004 was characterized by a stalled peace Beit Lahiya and Beit Hanoun and the Jabaliya process and continuing high levels of violence. , home to over 100,000 refugees. Throughout the year, both Palestinians and Is- Over 80 Palestinians were killed and more than raelis suffered from violence and ever-mounting 300 were injured within a week. Other Palestin- death tolls. However, by the end of the year, there ian cities, towns and refugee camps (Bethlehem, were some signs of dialogue and cooperation be- , Khan Yunis, Zeitoun, refugee tween Israeli and Palestinian authorities. camp) also suffered incursions and blockades, as The Quartet, a coordinating mechanism for the crisis intensified, hindering the work of hu- international peace efforts, comprising the manitarian aid workers. Israel carried out extra- Russian Federation, the United States, the Euro- judicial killings throughout the year, killing, pean Union and the United Nations, continued among others, the spiritual leader of the Pales- its efforts to promote the road map initiative as tinian Islamist organization Hamas, Sheikh the best solution to the conflict. The road map, Ahmed Yassin, in March, and Abdel Aziz Al- which was endorsed by the Security Council in Rantisi, a political leader of Hamas, in April. 2003, aimed to achieve progress through parallel On 11 November, the President of the PA, and reciprocal steps by Israel and the Palestinian Yasser Arafat, died of natural causes in Paris. Authority (PA) in the political, security, eco- President Arafat had been confined throughout nomic, humanitarian and institution-building most of 2004 to his headquarters compound in areas, under an international monitoring system. Ramallah under de facto house arrest. Following Despite those efforts, little progress was made in Mr. Arafat’s death, security cooperation between the road map’s implementation. Israel and the PA resumed and Israel scaled back In February 2004, Israel’s Prime Minister, military activity in areas under the Authority’s Ariel Sharon, announced a unilateral initiative to control. Palestinian presidential elections were withdraw all Israeli civilian settlements, military scheduled to take place in January 2005. forces and installations from the and Concerned about the continued deterioration from an area in the northern part of the West of the situation in the region, the Security Coun- Bank. The Quartet welcomed the plan, which cil convened on a monthly basis during the year, was officially approved by the Israeli Knesset in and at times even more frequently, to discuss the October. Meanwhile, the situation on the ground situation in the Middle East, including the Pales- continued to deteriorate, especially in the Gaza tinian question. On 25 March, a draft resolution, Strip. Israeli mounted several military opera- by which the Council would have condemned the tions, while the PA, for its part, failed to halt at- killing of Sheikh Yassin, as well as all terrorist at- tacks against Israelis emanating from territories tacks against civilians, was not adopted due to the under its control. In May, the area in Gaza negative vote of a permanent Council member, was subjected to a major Israeli military opera- nor was a 5 October draft resolution which would tion, “Operation Rainbow”, aimed at preventing have demanded the immediate cessation of all weapons smuggling between Gaza and Egypt. Is- military operations in northern Gaza and the raeli military bulldozers demolished hundreds withdrawal of Israeli forces from that area. of houses in order to widen the border area The International Court of Justice (ICJ), on (known as the Philadelphi route) between Rafah 9 July, rendered an advisory opinion on the legal and Egypt. In response to the deteriorating situa- consequences arising from the construction of a tion, the Security Council, in May,called on Israel separation wall by Israel in the Occupied Pales- to respect its obligations under international hu- tinian Territory, as requested by the General As- manitarian law and not to undertake demolition sembly in December 2003. The Court, among of homes contrary to that law. A month-long siege other things, found that the route of the wall was in and around the Gaza town of Beit Hanoun in contrary to international law and that Israel was July left behind broken buildings and flattened under an obligation to terminate the construc- crops. On 28 September, a massive military oper- tion, to dismantle parts already built and to make ation was launched in the northern Gaza Strip, reparations for all damage caused to Palestinian

YUN04—4th proofs /OF July 6 2006 Middle East 453 property. On 30 June, Israel’s Supreme Court Agency, in June co-hosted its first major interna- ruled, among other things, that sections of the tional conference since its inception. wall required re-routing, and the Israeli Govern- During the year, the Special Committee to In- ment declared that it would abide by the Court’s vestigate Israeli Practices Affecting the Human ruling. Meanwhile, construction of the wall con- Rights of the Palestinian People and Other Arabs tinued throughout the year. of the Occupied Territories reported to the As- The General Assembly convened its resumed sembly on the situation in the , includ- tenth emergency special session in July to discuss ing East Jerusalem, the Gaza Strip and the Golan the item “Illegal Israeli actions in Occupied East Heights. The Committee on the Exercise of the Jerusalem and the rest of the Occupied Palestin- Inalienable Rights of the Palestinian People con- ian Territory”. It adopted a resolution which tinued to mobilize international support for the acknowledged the ICJ advisory opinion and de- Palestinians. manded that Israel comply with its legal obliga- tions as defined in the opinion. International attention focused on in Peace process early September when the Lebanese Parliament amended the constitution to extend President Emile Lahoud’s six-year term, which was about to expire, by another three years. The Syrian Arab Overall situation Republic, which maintained a large military The Secretary-General, in a November report presence in Lebanon, supported the move. The on the peaceful settlement of the question of Pal- amendment was adopted the day after the estine [A/59/574-S/2004/909] (see also p. 486), said Security Council adopted a resolution calling for that, despite the efforts of the international com- free and fair presidential elections in Lebanon munity through the Quartet and the stated com- and for the full withdrawal of foreign forces from mitment of the parties to the road map initiative the country and the disbanding and disarma- as expressed at the summit meeting in Aqaba, ment of all militias. redeployed some of its , on 4 June 2003 [YUN 2003, p. 465], the situa- troops, but by the end of the year had not with- tion in the Middle East was characterized by a drawn all of its troops from Lebanon. In October, stalled peace process and continuing high levels Prime Minister Rafik Hariri resigned from his of violence. Throughout 2004, both Palestinians post and was replaced by Omar Karami. and Israelis suffered from violence and ever- In southern Lebanon, Israeli forces and their mounting death tolls. The humanitarian situa- main Lebanese opponent, the paramilitary tion in the Occupied Palestinian Territory group Hizbullah, continued to face each other continued to deteriorate sharply,with even a min- across the Blue Line, the provisional border imum standard of living for many Palestinians drawn by the United Nations following the with- being sustained only by assistance from the do- drawal of Israeli troops from southern Lebanon nor community, particularly by the United in 2000. Israeli violations of Lebanese airspace Nations Relief and Works Agency for Palestine continued, while Hizbullah, on a number of occa- Refugees in the Near East (UNRWA) and other sions, directed anti-aircraft fire at Israeli villages UN programmes. The rising number of deaths across the Blue Line. The first municipal elec- and injuries was evidence of the lack of progress tions in southern Lebanon since the Israeli with- in advancing the peace process in 2004. As at 16 drawal of 2000 were held in May, with a high September, 825 Palestinians and 136 Israelis had voter turnout. lost their lives in the conflict in the preceding 12 The mandates of the United Nations Interim months. Since the eruption of the violence in Force in Lebanon and of the United Nations Dis- September 2000 [YUN 2000, p. 416], 3,633 Palestin- engagement Observer Force in the Golan ians and 966 Israelis had been killed. Heights were extended twice during the year, Neither side took adequate steps to protect ci- and the United Nations Truce Supervision Or- vilians, and both were in breach of their interna- ganization continued to assist both peacekeeping tional legal obligations. Israel, as the occupying operations in their tasks. Power, had clear obligations to protect Palestin- The United Nations Relief and Works Agency ian civilians and their property. Nevertheless, for Palestine Refugees in the Near East continued Palestinian civilians continued to be killed and to provide education and health and social serv- injured in Israeli military operations, including ices to over 4 million living incursions and pre-emptive strikes, as well as both in and outside camps in the West Bank and Israeli extrajudicial killings. The scale of de- the Gaza Strip, as well as in Jordan, Lebanon and struction of Palestinian property by the Israeli Syria. With the Government of Switzerland, the military raised serious concerns about collective

YUN04—4th proofs /OF July 6 2006 454 Political and security questions punishment. For its part, the PA had obligations tional humanitarian law, including its obligation under agreements reached with Israel, interna- not to destroy Palestinian homes in an illegal tional humanitarian law and the road map to pro- manner. tect Israeli civilians from attacks emanating from Israel continued construction of the security territories under its control. It failed to live up to barrier in parts of the West Bank. On 9 July, the those obligations, and Israeli civilians continued International Court of Justice (ICJ) rendered an to suffer terrorist attacks from Palestinian mili- advisory opinion on the legal consequences of the tant groups, including suicide bombings and wall (see p. 465), declaring that the construction Qassam rocket strikes. For each side to cite the ac- was contrary to international law. The Assembly, tions of the other excused neither from fulfilling in resolution ES-10/15 of 20 July (see p. 465), de- its own obligations. More broadly, the parties had manded that Israel comply with its legal obliga- not lived up to their road map obligations. The tions. Israeli Government made no progress on its In February, Prime Minister Ariel Sharon of core obligation to dismantle settlement outposts Israel announced an initiative to withdraw Israeli erected since March 2001 and to freeze settle- armed forces from Gaza and parts of the West ment activities, including natural growth. The PA Bank and to evacuate all settlements in the Gaza made no progress on its core obligations to take Strip, as well as four settlements in the northern immediate action to end violence and combat ter- West Bank. The Quartet welcomed that step and ror. The PA and the Israeli Government needed stated that for the withdrawal to be a real contri- to take the necessary first steps to restore mo- bution to the peace process, it should lead to an mentum towards peace, otherwise the stalemate end of the occupation of Gaza and be accompa- would continue and there would be no lasting nied by similar steps in the West Bank. ceasefire. Those first steps, as outlined by the Secretary-General, were clear: on the Israeli side, the dismantling of settlement outposts and the Occupied Palestinian Territory implementation of a full freeze of all settlement Communication (14 January). On 14 January activities, and on the Palestinian side, the imple- [A/58/682-S/2004/33], Israel informed the mentation of meaningful security reforms and Secretary-General and the Security Council Pres- bringing to an end the use of violence in all its ident that on that day a female suicide bomber forms. perpetrated an attack in the Gaza Strip, killing Israel’s settlement expansion and lack of action four Israeli citizens and wounding 12 others. on removing the outposts erected since 2001 se- Hamas and Al-Aqsa Martyrs Brigade jointly verely undermined Palestinian trust in Israel’s claimed responsibility for the bombing. intentions and contributed to strengthening ex- Security Council consideration (January). tremist opinion among Palestinians. Despite re- The Security Council met on 16 January [meeting peated promises by the Israeli Government, set- 4895] to discuss the situation in the Middle East, tlement construction continued at a considerable including the Palestinian question. pace, in particular in large settlement blocs. In The Under-Secretary-General (USG) for Politi- and around East Jerusalem, settlement activity, cal Affairs, Kieran Prendergast, said that there both governmental and privately sponsored, pro- had been little progress towards peace since the ceeded at a rate that observers described as un- last Council briefing in December 2003 [YUN 2003, matched since 1992. In addition, Israel persisted p. 483], and the peace process remained stale- in confining the elected PA President, Yasser mated. That process would resume only when Arafat, to his headquarters in the West Bank. both parties recognized that their mutual con- The security measures taken by the PA re- cerns could be addressed solely through parallel mained limited and unclear. Reform of the Pal- steps, and not in a sequential manner littered estinian security services was needed to restore with preconditions. That approach, adopted by law and order as well as the PA’s diminished credi- the road map, would require both the Palestin- bility,specifically the consolidation of all security ians and the Israelis to acknowledge and address services into three main bodies, with a profes- each other’s core concerns. sional leadership, under the authority of an Israel’s most basic concern remained the effective interior minister. security of the State and the Israeli people. In re- Throughout 2004, the situation in the Middle sponse, as a necessary first step, the PA should East, including the Palestinian question, re- take action to halt all acts of violence against mained the subject of extensive consultations and Israelis. The Palestinians’ most basic concerns debates in the Security Council. On 19 May, the were territory and viability—meaning the end of Council adopted resolution 1544(2004), calling occupation and the establishment of an indepen- on Israel to respect its obligations under interna- dent, sovereign and viable State in the West Bank

YUN04—4th proofs /OF July 6 2006 Middle East 455 and Gaza Strip. In response, and also as a neces- nal and external closures of the Occupied sary first step, Israel should halt settlement ex- Palestinian Territory remained the central im- pansion, the construction of the separation wall pediment to economic stabilization and recovery. and all action that worked against the contiguity Slight economic improvement was reported in of the State. Despite initial contacts between the places, due in part to IDF troops moving out of new Palestinian Government and the Israeli Gov- some Palestinian cities, but closure remained the ernment, both parties continued to ignore each defining reality for those areas, with roadblocks other’s core concerns, thereby falling short of and, in some places, construction of the barrier carrying out their preliminary commitments almost completely halting movement. The clo- under the Quartet’s road map. sure system continued to impede the interna- The PA had taken no tangible measures to es- tional community’s efforts to deliver humanita- tablish control over the various groups that used rian aid. violence and terror. It also failed to reform its Communications (30 January, 11 February). security apparatus or to consolidate it under the On 30 January [A/58/697-S/2004/80], Israel in- authority of an empowered interior minister, as formed the Secretary-General and the Council called for in the road map. At the same time, Pal- President that on 29 January a PA policeman per- estinian militant factions failed to agree on a petrated a suicide attack in central Jerusalem, comprehensive cessation of violence, although killing 10 people and wounding over 50. they continued their dialogue thanks to the On 11 February [A/ES-10/256-S/2004/107], the efforts of the Egyptian Government. In addition, Permanent Observer of Palestine said that on there was a deterioration in the PA’s capability to that day Israeli forces, backed by tanks, raided a maintain domestic law and order. If that trend densely populated neighbourhood in Gaza City, continued, there could be more unrest on Pales- killing at least 12 Palestinians and wounding 50 tinian streets, with negative repercussions for the others. PA’s governing control. The Israeli Government repeatedly com- Israeli withdrawal plan mitted itself to implementation of the road map; In early February, Prime Minister Sharon an- however, its statements were not matched by nounced that Israel would unilaterally undertake action. Israel did not fulfil its core commitment military disengagement leading to eventual total to remove all settlements erected since March withdrawal of settlements from the Gaza Strip 2001 and to implement a complete settlement and from an area in the northern Samaria in the freeze. In fact, settlement outposts had increased West Bank. Israel planned to maintain a military and the Government was proceeding with the presence along the border between the Gaza construction of the West Bank barrier. Together Strip and Egypt (Philadelphi route) and to con- with other settlement infrastructure and a tight tinue construction of the barrier for security pur- closure policy, that construction was fragmenting poses. The evacuation process was scheduled to the West Bank into non-contiguous patches of be completed by the end of 2005. Upon comple- territory and was eroding Palestinians’ trust in tion, there would no longer be any permanent the peace process. presence of Israeli security forces or Israeli civil- In the face of the discouraging situation, the in- ians in Gaza and the Samaria area, according to ternational community had to maintain its in- the announcement. volvement in the peace process, in the view of the Security Council consideration (18 February). USG. The Security Council, the General Assembly The Security Council, on 18 February [meeting and the Quartet had made efforts to revive the 4912], discussed the situation in the Middle East, peace process;nevertheless, itwas all tooapparent including the Palestinian question. that a more vigorous involvement of the key play- The Special Coordinator for the Middle East ers in the international community was needed. Peace Process and Personal Representative of the During the preceding month, both sides con- Secretary-General, Terje Roed-Larsen, noted tinued to experience violence: 58 Palestinians that key Israeli and Palestinian officials had met and 11 Israelis were killed, and 440 Palestinians recently. He welcomed Mr. Sharon’s bold step— and 65 Israelis were wounded. Israel Defense the announcement about the planned Israeli Forces (IDF) resumed extrajudicial killings and withdrawal from the Gaza Strip, where Israelis launched at least 15 incursions into Palestinian controlled about 40 per cent of the land. Palestin- villages and refugee camps, which often involved ian Prime Minister Ahmed Qurei had also wel- the use of disproportionate and deadly force in comed the initiative, saying he would accept it as civilian areas. a first step of a broader withdrawal. Similarly, the The situation on the ground caused great Secretary-General said that the withdrawal from harm to the Palestinian economy. Israel’s inter- Gaza had to be seen as a first step, and it had to be

YUN04—4th proofs /OF July 6 2006 456 Political and security questions made in the context of the road map and as part 10/260-S/2004/187, A/ES-10/261-S/2004/216], informed of a cooperative engagement between Israel, the the Secretary-General and the Council President PA and the international community. The an- that Israel continued to kill and wound Palestin- nouncement set the stage for three possible sce- ian civilians. On 7 March, IDF raided two refu- narios in the coming months. One was the re- gees camps in the Gaza Strip, killing 14 Palestin- sumption of a vigorous peace process, with re- ians and injuring more than 80 other civilians. engagement between Israel and many of its Arab On 10 March, an Israeli raid in the city of Jenin partners. The second was unilateral Israeli disen- resulted in the death of seven Palestinians. IDF gagement from parts of the Occupied Palestinian fired two missiles into the Rafah refugee camp on Territory, starting in Gaza, but not as part of a 17March, killing four Palestinians and wounding process or re-engagement. The third centred on several others. the inability of the parties to enact that with- Security Council consideration (18 March). drawal, thereby maintaining the status quo, with The Security Council, on 18 March [meeting 4927], all its attendant violence and misery. The Per- discussed the situation in the Middle East, in- sonal Representative urged the two leaders to cluding the Palestinian question. work to fulfil their obligations under the road The Assistant Secretary-General for Political map and urged the Quartet to re-engage with the Affairs, Danilo Türk, said that despite the rise in parties. violence since the 18 February briefing (see Meanwhile, the situation on the ground re- p. 455), the possibility of peace remained open. mained in a stalemate characterized by continued Prime Minister Sharon’s announcement of a violence and lack of constructive progress on the plan for disengaging from the Gaza Strip had at- road map, with Israeli occupation firmly en- tracted substantial attention. To garner the sup- trenched and little concrete Palestinian move- port of the international community and ment on reform. The withdrawal announcement strengthen its chances for success, the withdrawal occurred in the context of an upsurge in violence should have four main features: it should be part that led to more bloodshed, loss of life and mis- of the Quartet’s road map; it should occur in ery. Since the last briefing on 16 January (see partnership with the PA; the withdrawal should above), 11Israelis and 65 Palestinians were killed, be complete; and it should be considered by all as and at least 305 Palestinians and 58 Israelis were a first step towards the end of Israeli occupation, injured. The humanitarian situation remained as set forth in relevant Council resolutions. Quar- dire in the West Bank and Gaza Strip. Continued tet envoys met on 10 March in Washington, D.C., closures and Israeli military operations hindered to discuss the possible Gaza Strip withdrawal and Palestinian economic and social activity and other relevant issues. They agreed to work to- caused the Palestinian people to endure daily hu- wards a Quartet principals’ meeting in the next miliations. The economic situation was marked few months, and considered ways to revitalize the by high unemployment and widespread poverty. road map process. Those efforts were taking However, the West Bank economy stabilized in place while violence continued unabated. Since 2003, attributed in part to some easing of the the last briefing to the Council, 101 people lost closure measures, and, according to interna- their lives to the conflict—80 Palestinians and 21 tional financial institutions, its economy grew by Israelis. The toll from Israeli military operations 4.5 per cent in 2003, with a concurrent gain in in the Gaza Strip grew, and Israel carried out ex- employment. trajudicial killings during the reporting period. Communications (24 February–17 March). In Israel had a duty to protect its citizens from ter- a series of letters to the Secretary-General and rorist attacks, and it had a concomitant responsi- the Council President between 24 February and bility under international law to protect the lives 17 March [A/58/721-S/2004/142, A/58/726-S/2004/172, of the civilians in the territory it occupied. Thus, A/58/735-S/2004/211, A/58/736-S/2004/212], Israel de- in the aftermath of an operation carried out on tailed Palestinian terrorist attacks against Israeli 7 March in a densely populated part of the Gaza civilians. On 22 February, a Palestinian terrorist Strip that resulted in the deaths of 14 Palestin- killed eight people and wounded 73 others on a ians—including several children—the Secretary- commuter bus in Jerusalem. On 14 March, two General called on the Israeli Government to Palestinians carried out a bombing attack at the abide by its obligations under international hu- port of Ashdod, killing 10 Israelis and wounding manitarian law to avoid civilian casualties and to 18. Israel also said that a number of terrorist at- desist from the use of disproportionate force in tempts were averted by IDF. densely populated areas. The reporting period The Permanent Observer of Palestine, in let- also witnessed terrorist attacks against Israeli ci- ters during that period [A/ES-10/257-S/2004/167, vilians. The United Nations was of the view that A/ES-10/258-S/2004/173, A/ES-10/259-S/2004/178, A/ES- no cause could justify such acts, and it called on

YUN04—4th proofs /OF July 6 2006 Middle East 457 the PA to take up its security responsibilities un- cil had not met even once to condemn an attack. der the road map. It was imperative that those The Council, instead, was meeting to come to the who planned, carried out and facilitated terrorist defence of one of its prime perpetrators. Al- acts be brought to justice. though the Council never met to discuss the at- West Bank barrier construction continued at a tacks for which Sheikh Yassin was responsible, rapid pace around Jerusalem and Ramallah. the list was gruesome and shocking. Under However, the Israeli High Court of Justice ex- Sheikh Yassin’s direct leadership, Hamas had tended a freeze until 17March on construction of perpetrated over 425 attacks that killed 377 Israe- a section north-west of Jerusalem to examine pe- lis and wounded 2,076 in less than three and a titions brought by eight Palestinian villages. The half years. He stood at the head of a command Court ordered the Government to respond to and control structure dedicated to the destruc- claims that the barrier harmed Palestinian villag- tion of Israel. Sheikh Yassin personally instigated ers. The Government agreed to modify certain and authorized homicide attacks, encouraged in- plans and to negotiate with villagers on others. dividuals to become suicide bombers, ordered missile attacks against Israeli communities, coor- Assassination of Sheikh Yassin dinated activities with other terrorist organiza- On 22 March [A/ES-10/262-S/2004/231], the Per- tions and collected funds for terrorist activity, manent Observer of Palestine said that Israeli campaigning throughout the Arab world to raise forces carried out on that day an extrajudicial ex- millions of dollars to improve Hamas terrorist ca- ecution by killing Sheikh Ahmed Yassin in Gaza pabilities. Through his words he spawned an ide- City. On the same day [S/2004/242], the European ology of hatred, incitement and murder, glori- Union (EU) condemned the extrajudicial killing fied as martyrdom. By any reasonable standard of Sheikh Yassin by IDF in a missile attack. of international law, Israel had a legitimate right, Security Council consideration (23 and 25 in fact a duty, to defend itself against illegal com- March). At the request of the Libyan Arab batants and their commanders. The Palestinian Jamahiriya, on behalf of the Arab Group leadership had proved beyond any doubt that it [S/2004/233], the Security Council, on 23 [meeting had no intention of fighting terrorism, as it was 4929] and 25 March [meeting 4934], considered the legally and morally obliged to do. Sheikh Yassin situation in the Middle East, including the Pales- lived and operated for years in the safe haven of tinian question. the PA, in violation of the most basic international At the 23 March meeting, the Permanent Ob- norms. The operation against Sheikh Yassin con- server of Palestine described the murder of the stituted a stride forward in Israel’s march against spiritual leader of the Hamas movement, Sheikh fundamentalist terrorism, as Sheikh Yassin was Yassin, in an attack which Israeli Prime Minister one of the greatest obstacles to the cessation of Sharon indicated he personally supervised and hostilities and the renewal of negotiations. The said that he would continue that policy. The Per- road map explicitly required the elimination of manent Observer said that the Palestinians val- Hamas and all other terrorist organizations and ued the readiness of the vast majority of the called for an end to funding and support for their Council members to take a clear position vis-à-vis efforts. what had happened. As far as Prime Minister On 25 March, the Council had before it a draft Sharon’s plan for withdrawal from Gaza was con- resolution sponsored by Algeria and the Libyan cerned, the Permanent Observer said that a uni- Arab Jamahiriya [S/2004/240], by which the Coun- lateral step could not be part of the road map, for cil would have condemned the killing of Sheikh disengagement could not be part of a negotiated Yassin, as well as all terrorist attacks against any withdrawal. He also expressed concern about civilians. Israel’s construction of a separation wall, even The United States said that it would vote after the matter was submitted to ICJ for an advi- against the draft resolution because it was silent sory opinion. The wall represented an illegiti- about the terrorist atrocities committed by mate annexation, as a fait accompli, of large areas Hamas, did not reflect the realities of the Middle of Palestinian land, and it rendered impossible East conflict, and would not further the goals of any implementation of the two-State solution. peace and security. The United States was deeply The wall was the central issue for the Israeli Gov- troubled by the killing of Sheikh Yassin, which ernment; halting its construction and destroying had led to escalated tensions in Gaza and the re- it was a major issue for the international com- gion and could set back efforts to resume pro- munity. gress towards peace. However, events needed to Israel said that in the three and a half years of be considered in their context, and the Council Palestinian terrorist attacks that had murdered did nothing to contribute to a settlement when it hundreds of innocent Israeli civilians, the Coun- condemned one party’s actions and turned a

YUN04—4th proofs /OF July 6 2006 458 Political and security questions blind eye to other developments. The draft reso- estinian civilian population in the occupied lution condemned the killing of the leader of territories. With regard to Israel’s decision to Hamas, a terrorist organization dedicated to the unilaterally withdraw from Gaza, the proposal destruction of Israel, but failed to condemn the fell far short of any real withdrawal, as control of suicide bombing carried out by Hamas in the international borders, airspace and water re- Israeli port of Ashdod that had killed 10 Israelis, mained in the hands of the occupier. Israel con- despite the request of Member States that such tinued to use the pretext of fighting terrorists to references be included. The Council should fo- justify all its actions against the Palestinian peo- cus on ways to advance the goal of the two States— ple. The Permanent Observer said that terrorism Israel and Palestine—living side by side in peace and violence constituted one of the dynamics of and security. The draft resolution did not ad- the conflict. It was a dynamic that had taken on vance that goal. more prominence in recent years, but it did not The draft resolution was not adopted owing to constitute the conflict itself. The conflict was the negative vote of a permanent member of the about the belligerent military occupation of an- Council (11-1-3). other people and their land by a foreign Power Speaking after the vote, the Russian Federa- for nearly four decades. The Council had to take tion expressed regret that the Council was unable bold actions to ensure compliance with its own to respond to the development of events in the resolutions and adherence to international law Palestinian territories resulting from the killing and to bring an end to the cycle of violence that of Sheikh Yassin. Russia voted in favour of the had prevented the realization of genuine peace. draft because it condemned all terrorist attacks Israel said that the Council was convened again against civilians. not to condemn the murder of innocent civilians by organizations such as Hamas, but to denounce Other developments the demise of a key architect of those massacres. Communications (7 and 19 April). On 7 April Just hours before the targeted counter-terrorist [A/ES-10/263-S/2004/279], the Permanent Observer operation against Mr. Rantisi, the organization of Palestine said that following the killing of he headed claimed responsibility, together with Sheikh Yassin, Israeli government and military the Al Aqsa Martyrs Brigade, for yet another sui- officials made repeated statements hinting that cide attack against Israelis. Mr. Rantisi sought to similar action would be taken against Yasser destroy any peace initiative and called for the de- Arafat, the PA President. At the same time, IDF struction of Israel. He developed alliances with continued to kill and wound Palestinian civilians. terrorist groups operating around the world, sup- In fact, at least 23 Palestinians had been killed ported by regimes in Syria and Iran, and was since 22 March. committed to fostering terrorism in Iraq and On 19April [A/ES-10/264-S/2004/304], the Perma- throughout the Western world. A paediatrician nent Observer said that, two days earlier, Israeli by training, that doctor led the campaign to forces carried out another extrajudicial execu- mobilize women and children for use in homi- tion by killing Abdel Aziz Al-Rantisi, a political cide bombings. Had it been possible to arrest Mr. leader of Hamas. Rantisi, while minimizing harm to civilian life, Security Council consideration (19 April). At Israel would have done so, but in the absence of the request of Egypt, on behalf of the Arab cooperation from the PA, Israel was left with no Group [S/2004/303], the Security Council, on 19 choice but to target those who planned and exe- April [meeting 4945], considered the situation in the cuted the murder of innocent Israeli civilians. Middle East, including the Palestinian question. The targeting of Mr. Rantisi was not merely a The Permanent Observer of Palestine said necessary defensive act to prevent ongoing and that, on 17 April, less than four weeks after the planned attacks against innocent civilians, but it death of Sheikh Yassin, IDF committed another was part of the global struggle against terrorism. extrajudicial execution by killing Mr. Al-Rantisi. As the struggle against terrorism continued, That crime was carried out following repeated Prime Minister Sharon launched a bold and un- threats by Prime Minister Sharon and other precedented initiative to bring new hope and op- Israeli officials to target Palestinian leaders, in portunity to the peace process. The disengage- flagrant violation of international law. Unable to ment plan, when approved, would lead to the uphold its duties for the maintenance of interna- evacuation of settlements and military installa- tional peace and security when it came to the Oc- tions in the Gaza Strip and parts of the West cupied Palestinian Territory, the Council had al- Bank. Although not required by the road map, it lowed Israel to continue acting beyond the was an opportunity to restart that process, to parameters of international law, and failed to which Israel remained committed. In the ab- take measures to ensure the protection of the Pal- sence of a peace partner, Israel was compelled to

YUN04—4th proofs /OF July 6 2006 Middle East 459 propose that unprecedented initiative itself, but estinian and Israeli obligations under the road it hoped to implement it in a coordinated fashion map. Occupation would end only when Palestin- that would ensure stability and security for ians gained control over their affairs in Gaza, and Israelis and Palestinians, provide a humanitarian thus robust and reliable security and adminis- infrastructure and rekindle the peace process. trative arrangements were needed for post- The United States urged all parties to exercise withdrawal Gaza. The withdrawal from Gaza maximum restraint and stressed that it was com- confronted Israel with a security dilemma: if it mitted to ensuring that Mr. Sharon’s plan was withdrew completely but in a context of hostility consistent with the road map and the realization and mistrust, Gaza could become a launching of two States, Israel and Palestine, living side by pad for more attacks against its own territory. If, side in peace and security. An Israeli withdrawal on the other hand, Israel retained control over from Gaza would provide a rare opportunity for territory in, or international access to, Gaza, the real progress. It was particularly noteworthy that occupation would continue, and so, most proba- that step was being proposed by Mr. Sharon, who bly, would violent acts against Israel. That, in was an architect of the Israeli settlements policy turn, would defeat the very purpose of the with- of the 1970s. The proposal was an important and drawal plan. One way to resolve that dilemma was positive development. through temporary and internationally super- Egypt deplored the extrajudicial assassina- vised security arrangements. An international tions of Palestinians by the Israeli army. It said presence, with the consent of the parties, would that any withdrawal from the Palestinian terri- enable Israel to withdraw completely from Gaza tories had to be coordinated with the Palestinians and free itself from the occupation. It would also and followed up by other measures in order to enable the Palestinians to live normally,free from implement the concept of two neighbouring Israeli controls, while rebuilding their shattered States living side by side in peace and security security capabilities and fighting terrorism and and within guaranteed borders. violence in cooperation with regional and inter- Communication (22 April). On 22 April [A/ES- national players. 10/265-S/2004/319], the Permanent Observer of Pal- Meanwhile, the PA had to reorganize its ailing estine said that, beginning on 20 April, IDF security system under the authority of an em- launched a raid on the town of Beit Lahiya in the powered interior minister and had to curb vio- northern Gaza Strip. The raid lasted three days lence and terror, for there was no excuse for the and resulted in the death of 13 Palestinians. PA to avoid fulfilling that obligation any longer. Security Council consideration (23 April). Fighting terrorism was not a payoff that de- The Security Council, on 23 April [meeting 4951], pended on the reciprocity of Israeli measures. heard a briefing by the Special Coordinator for While preparing for the withdrawal, Israel the Middle East Peace Process and Personal Rep- should remove all settlement outposts erected resentative of the Secretary-General, who used since March 2001 and completely freeze settle- his monthly briefing to focus on what he saw as a ment activities in the West Bank. In short, the crucial and potentially seminal juncture for withdrawal from Gaza had to be part of the im- peace efforts in the region. plementation of the road map, not a substitute, Mr. Roed-Larsen said that the Gaza with- for it represented the consensus of the interna- drawal, if carried out in the right way, could tional community on how to resolve the Arab- usher in a new era of peacemaking in the Middle Israeli conflict in a realistic, gradual and compre- East, but if implemented in the wrong way,would hensive way, encompassing the Syrian and Leba- lead to more violence. Any Israeli withdrawal nese tracks. It tackled both immediate concerns from the West Bank and Gaza that restored Pales- and final status issues. Regarding security and tinian rights was a welcome development. The territory,the road map laid out concrete, recipro- withdrawal plans would deliver almost the whole cal and parallel steps that both parties should remaining 40 per cent of the Gaza Strip to the take to reverse the situation. Palestinians, in addition to the 60 per cent that Both parties failed to meet their obligations. was handed over to the PA 10 years earlier. They Israel did not dismantle the settlement outposts, would also include withdrawals in the north of implement a settlement freeze or abstain from the West Bank. However, for the Gaza withdrawal taking measures undermining trust. In fact, by to mark the beginning of an era of peace and the time the road map implementation collapsed security, it needed to contain two main elements. in 2003, settlement outposts had actually in- First, the withdrawal should be full and complete creased. Large tracts of Palestinian land were and should be recognized as such by the interna- confiscated for the construction of the barrier, di- tional community, and second, it should be ac- rectly impacting tens of thousands of people. companied by the implementation of other Pal- Also during the attempted implementation of

YUN04—4th proofs /OF July 6 2006 460 Political and security questions the road map, many Palestinians were killed and Quartet meeting (4 May) extrajudicial assassinations continued. Despite Representatives of the Quartet—the UN the efforts of Prime Minister Mahmoud Abbas, Secretary-General, the Russian Foreign Minister, the PA failed to curb violence or reorganize its the Irish Foreign Minister, the United States Sec- security services under the Interior Minister. retary of State, the High Representative for Euro- Terrorist attacks continued, claiming more inno- pean Common Foreign and Security Policy and cent Israeli lives and raising Israeli scepticism the European Commissioner for External Af- about Palestinian commitment. Unable to exer- fairs—met in New York on 4 May to review devel- cise his powers, Mr. Abbas resigned, bringing the opments since their last meeting [YUN 2003, p. 473]. road map process to a halt. Since then, and de- The Quartet, in a joint statement [S/2004/421], spite the goodwill of the new Prime Minister, called on the two sides to implement the road Ahmed Qurei, the PA’s credibility was diminish- map. It condemned the continuing terror attacks ing. In fact, the PA had reached a state of near on Israel, and called on the PA to take immediate paralysis. action against those who planned and executed Palestinians needed to be reassured that a final them. The Quartet members recognized Israel’s status agreement would respect their basic rights legitimate right to self-defence in the face of ter- regarding the refugees, the settlements, the sta- rorist attacks, within the parameters of interna- tus of Jerusalem and the borders. Israelis needed tional humanitarian law. They called on Israel to to be reassured that the final peace agreement ease the humanitarian and economic plight of would really be final, ending violence and lead- the Palestinian people, including increasing ing to Israel’s acceptance by all its neighbours, freedom of movement for people and goods both and that it would be a negotiated, fair and realis- within and from the West Bank and Gaza, remov- tic deal. By articulating such a political horizon to ing checkpoints, and taking other steps to respect the parties, the road map aimed to embolden the dignity of the Palestinian people and im- them to perform the most difficult immediate prove their quality of life. As stipulated in the tasks, notably on security and territory. However, road map, Israel should take no actions under- it was unrealistic to expect that the parties, mired mining trust, including deportations, attacks on in a violent relationship devoid of trust, would civilians, and confiscation and/or demolition of take, on their own, all the decisions necessary to Palestinian homes and property. The Quartet return to the path of peace. Therefore, it was in- noted the Israeli Government’s pledge that the cumbent on the international community, with barrier under construction would be a security the Council at the fore, to lead the parties towards rather than a political barrier, and would be tem- a viable solution. By adopting resolution 1397 porary rather than permanent. It expressed con- (2002) [YUN 2002, p. 418], the Council enshrined the cern that the proposed route of the barrier re- end goal of the peace process: two States, Israel stricted the movement of people and goods, and and Palestine, living side by side in peace and undermined Palestinians’ trust in the road map security. The Council also adopted the way to process as it appeared to prejudge the final achieve that goal, the road map, in resolution borders of a future Palestinian State. 1515(2003) [YUN 2003, p. 483]. The Quartet welcomed the announced inten- Communications (30 April and 3 May). On 30 tion of Israeli Prime Minister Sharon to withdraw April [A/58/783-S/2004/354], Malaysia, as Chair- from all Gaza settlements and parts of the West man of the tenth session of the Islamic Summit Bank, as potentially a rare opportunity in the Conference, transmitted the Declaration on Pal- search for peace in the Middle East. That initia- estine, adopted at a special meeting on the tive, which had to bring about a full Israeli with- Middle East (Putrajaya, Malaysia, 22 April). The drawal, could be a step towards achieving the two- Declaration, among other things, rejected the State vision. According to the Quartet, any unilat- unilateral Israeli plan as it breached resolutions eral initiatives by Israel should be undertaken in on international legitimacy and contradicted the a manner consistent with the road map and the provisions of the road map. It called on Israel to two-State vision, and no party should take unilat- stop and reverse the construction of the wall in eral actions that sought to predetermine issues the occupied territories and urged the Security that could be resolved only through negotiation Council to consider the deployment of a UN and agreement between the two parties. peacekeeping force or a mechanism to monitor The Quartet and the international community the implementation of the road map. were prepared to intensify their engagement On 3 May [A/58/780-S/2004/350], Israel said that with the Palestinians to restore momentum on on the previous day two Palestinian terrorists the road map, enhance Palestinian humanitarian killed a pregnant Israeli mother and her four and economic conditions, build transparent and young daughters in the Gaza Strip. accountable Palestinian institutions, ensure

YUN04—4th proofs /OF July 6 2006 Middle East 461 security and stability in Gaza and the West Bank, Israeli military operations in Gaza prevent all acts of terrorism, and ensure the dis- Communications (12-19 May). In communica- mantlement of armed terrorist groups. In fur- tions dated between 12 and 19 May [A/ES-10/266- therance of those goals, the Quartet would take S/2004/382, A/ES-10/267-S/2004/394, A/ES-10/268- the following steps, with mechanisms to monitor S/2004/402, A/ES-10/269-S/2004/409], the Permanent performance by all sides: it would act on an ur- Observer of Palestine said that Israel continued gent basis, in conjunction with the World Bank, to launch military attacks against the Palestinian the Office of the United Nations Special Coordi- population in the occupied territories. During a nator for the Middle East Peace Process and the raid on 11 and 12 May in Gaza City, IDF killed 15 Ad Hoc Liaison Committee, on the basis of a Palestinians, including 7 children. Widespread World Bank/Office of the Special Coordinator destruction was caused by repeated raids in the rapid-assessment study, to ensure that Palestin- Rafah refugee camp, which killed at least 21 Pal- ian humanitarian needs were met, Palestinian in- estinians. On 19 May, IDF opened fire on a large frastructure was restored and developed, and crowd of demonstrators in the Rafah area, killing economic activity was reinvigorated. The Quar- at least 10 people and wounding more than 60 tet was prepared to engage with a responsible and others. accountable Palestinian leadership, committed Press statement of Secretary-General (19 to reform and security performance. Through May). The Secretary-General, on 19 May, con- an empowered Prime Minister and Cabinet, the demned the killing and injuring of Palestinian Task Force on Palestinian Reform, and in con- demonstrators in southern Gaza on that day. He nection with the major donors working through called on Israel to halt the military operations im- the Ad Hoc Liaison Committee and the Local mediately. The Secretary-General was distressed Aid Coordination Committee, the Quartet would by the killing of peaceful demonstrators, many of engage the Palestinians to reinvigorate the re- them women and children. He again warned form agenda of the road map, paying particular Israel that it had to abide by its obligations as an attention to areas from which Israel planned to occupying Power, which included protecting the civilian population and eschewing the dispropor- withdraw. The Quartet would seek to ensure that tionate or indiscriminate use of force. arrangements were put in place to ensure security for Palestinians and Israelis as well as SECURITY COUNCIL ACTION (19 May) freedom of movement and greater mobility and On 19 May [meeting 4972], the Security Council access for Palestinians. It underscored the need adopted resolution 1544(2004) by vote (14-0-1). for agreed, transparent arrangements with all The draft [S/2004/400] was submitted by Algeria sides on access, mobility and safety for interna- and Yemen. tional organizations and bilateral donors and their personnel. As Israel withdrew, custody of The Security Council, Reaffirming its resolutions 242(1967) of 22 Novem- Israeli-built infrastructure and land evacuated by ber 1967, 338(1973) of 22 October 1973, 446(1979) of Israel should be transferred through an appro- 22 March 1979, 1322(2000) of 7 October 2000, 1397 priate mechanism to a reorganized PA in coordi- (2002) of 12 March 2002, 1402(2002) of 30 March 2002, nation with representatives of Palestinian civil so- 1403(2002) of 4 April 2002, 1405(2002) of 19 April ciety,the Quartet and other representatives of the 2002, 1435(2002) of 24 September 2002 and 1515(2003) international community to determine equitable of 19 November 2003, Reiterating the obligation of Israel, the occupying and transparent arrangements for the ultimate Power, to abide scrupulously by its legal obligations disposition of those areas as quickly as possible. and responsibilities under the Geneva Convention rel- In coordination with, and under the auspices of, ative to the Protection of Civilian Persons in Time of an oversight committee led by the United States, War, of 12 August 1949, and in coordination with the empowered PA Calling upon Israel to address its security needs with- Prime Minister and Cabinet, Palestinian security in the boundaries of international law, Expressing grave concern at the continued deteriora- services should be restructured and retrained, tion of the situation on the ground in the territory oc- consistent with the road map, to provide law and cupied by Israel since 1967, order and security to the Palestinians, to end ter- Condemning the killing of Palestinian civilians that ror attacks against Israel and Israelis and to dis- took place in the Rafah area, mantle terrorist capabilities and infrastructure. Gravely concerned by the recent demolition of homes The Quartet reminded all parties of the obliga- committed by Israel, the occupying Power, in the Rafah refugee camp, tion to make rapid progress towards resumption Recalling the obligations of the Palestinian Author- of the political dialogue, and added that a coordi- ity and the Government of Israel under the road map, nating and oversight mechanism under its Condemning all acts of violence, terror and destruc- auspices would be established. tion,

YUN04—4th proofs /OF July 6 2006 462 Political and security questions

Reaffirming its support for the road map, endorsed in of Rafah to allow for the enlargement of its so- its resolution 1515(2003), called security zone. 1. Calls upon Israel to respect its obligations under Israel said that the Council had convened again international humanitarian law, and insists, in particu- at the behest of the Palestinian Observer, under a lar, on its obligation not to undertake the demolition of homes contrary to that law; barrage of misinformation. According to Israel, during a procession of several thousand demon- 2. Expresses grave concern regarding the humanita- rian situation of Palestinians made homeless in the strators, which was organized by the PA and in- Rafah area, and calls for the provision of emergency cluded many gunmen, seven Palestinians were assistance to them; killed, of whom four or five were armed terror- 3. Calls for the cessation of violence and for respect ists. While Israel regretted any loss of civilian life, of and adherence to legal obligations, including those those numbers put the incident into proportion. under international humanitarian law; The city of Rafah served as the PA’s main pipeline 4. Calls upon both parties to implement immedi- for transporting weapons and ammunition in ately their obligations under the road map; Gaza. Since September 2000, subterranean tun- 5. Decides to remain seized of the matter. nels constructed underneath the “Philadelphi VOTE ON RESOLUTION 1544(2004): route” had been used by Iran and Hizbullah, as Infavour:Algeria, Angola,Benin,Brazil,Chile, China,France, Germany, well as by Palestinian terrorist organizations like Pakistan, Philippines, Romania, Russian Federation, Spain, United King- Hamas, for turning the Gaza Strip into a base for dom. Against: None. missile and rocket attacks against Israeli targets. Abstaining: United States. The tunnels were typically dug from inside homes to evade discovery by Israeli security per- Speaking after the vote, the United States said sonnel. The purpose of the IDF action in Gaza was that while it believed that Israel had the right to to terminate the transfer of all illegal weapons by act to defend itself, its operations in Gaza did not underground tunnels to Gaza. Since April 2004, serve the purposes of peace and security, but had IDF had exposed eight such tunnels in the Rafah actually worsened the humanitarian situation area, in addition to 101 tunnels found since the and resulted in confrontations between Israeli beginning of the intifada in September 2000. IDF forces and Palestinians. Noting that the Israeli demolished only those structures involved in ter- Government had expressed regret for what it ror and violence against Israeli civilians, and called a tragic event, the United States said those under international law those structures were events served as a reminder of the wisdom of considered legitimate military targets. Israel disengaging from Gaza and having its Communication (20 May). On 20 May security presence replaced by reformed Palestin- [A/58/810-S/2004/413], the Permanent Observer of ian security forces. While concerned about Is- Palestine said that in the immediate wake of the rael’s operations in Gaza, the United States could adoption of resolution 1544(2004) (above), sev- not vote in favour of the resolution because it did eral Israeli officials publicly declared the inten- not sufficiently address the context of the events tion to continue the military campaign; mean- in Gaza. It was clear that Palestinian terrorists while, IDF continued killing Palestinian civilians were smuggling weapons into Gaza through tun- (more than 100 in the preceding three weeks) and nels in Rafah and that the PA failed to address that destroying Palestinian homes in the Rafah area. threat or to end terrorist acts. Because those In the light of that situation, it was imperative issues were not addressed, the United States ab- that concerted efforts be taken by the United stained. Nations to ensure compliance by Israel with that The Permanent Observer of Palestine said that resolution. the slaughter of innocent Palestinians in the Security Council consideration (21 May). The Rafah camp was the most recent illustration of Security Council, on 21 May [meeting 4974], dis- the barbaric action of the occupying Power and cussed the situation in the Middle East, including an act of State terrorism. During the preceding the Palestinian question. few days, that practice had escalated in the Rafah The USG for Political Affairs, Mr. Prendergast, area, causing vast destruction. IDF, by using ar- said that the situation since the last briefing of moured bulldozers, tanks and helicopter 23 April (see p. 459) had been characterized by gunships, raided the area, destroying more than growing violence, destruction and despair. Since 100 homes. More than 1,100 Palestinians were then, 128 Palestinians and 19 Israelis had been made homeless and hundreds of others fled the killed, and hundreds more injured. IDF demol- area. Since September 2000, more than 1,300 ished hundreds of Palestinian homes and contin- homes in Rafah alone had been demolished or ued its policy of extrajudicial killings, in breach made unliveable. Israel’s aim was the effective of its obligations under international law. Eco- levelling of the Rafah camp and areas in the city nomic conditions continued to worsen, bringing

YUN04—4th proofs /OF July 6 2006 Middle East 463 yet more suffering. At the political level, dead- spair and extremism. Since his May briefing, 39 lock prevailed. The Quartet, on 4 May, reiterated Palestinians and two Israelis were killed and 309 its commitment to assisting Israelis and Palestin- Palestinians and 32 Israelis were wounded. Once ians out of the morass through implementation the Israeli incursion into Rafah ended on 24 May, of the road map. However, action by the interna- a full picture emerged of the impact that Israel’s tional community or the Quartet was no substi- Operation Rainbow had had on the ground. Ac- tute for steps taken by the parties. In early May, a cording to UNRWA, 167 buildings, housing 379 majority of the Likud party voted against Prime families or 2,066 people, were destroyed or dam- Minister Sharon’s initiative to withdraw unilater- aged beyond repair by Israeli forces in what was ally from the Gaza Strip; nevertheless, Mr. one of the most destructive operations in the Sharon reiterated his intention to pursue the Gaza Strip since September 2000. Since that date, plan. Support for a withdrawal was expressed by a total of 3,437 Palestinians and 942 Israelis had the tens of thousands of Israelis who demon- been killed, and 1,476 structures were destroyed strated in Tel Aviv and by opinion polls that in Rafah town and refugee camp, affecting showed strong popular support for a Gaza pull- almost 15,000people. In the course of Operation out. Unfortunately, that debate cast a shadow Rainbow, 53 Palestinians were killed. The opera- over more fundamental issues, namely, the na- tion uncovered three tunnels used to smuggle ture, scope and terms of a Gaza withdrawal, and weapons. On 2 and 3 June, Israeli forces, with its relationship to implementation of the road tanks and bulldozers, again entered Rafah town map. Consequently, a stalemate had developed and camp, demolishing 11 more buildings, 4 of while awaiting political decisions for transform- them partially. Closures continued throughout ing the initiative into a specific plan leading to the West Bank. IDF conducted a number of the end of the occupation. Israeli settlement ex- search-and-arrest operations following security pansion continued unabated in Gaza and the warnings, and extrajudicial killings continued. West Bank, prompting Palestinians to wonder if Curfews were imposed repeatedly in most West all the talk about evacuation was a cover-up for Bank Palestinian towns and villages. Bethlehem more expansion. In addition, the construction of was declared a closed military zone for almost a the barrier continued to erode Palestinian terri- week. Construction of the Israeli barrier contin- tory and Palestinian hope. According to esti- ued at a rapid pace in and around Jerusalem, and mates, the latest Israeli construction plans would more Palestinian land was confiscated for the put more than 12 per cent of the West Bank—plus construction. An increasing number of Palestin- occupied East Jerusalem—on the Israeli side of ians and international peace activists demon- the barrier. Although Mr. Sharon stated that the strated against the barrier. Attacks against and barrier was temporary, the Palestinians saw it as harassment of UN staff and property by IDF the greatest single threat to the viability of a forces also increased. Palestinian violence contin- future State. ued as well, with mortars fired on Israeli settle- Communications (9-21 June). In communica- ments in Gaza and a suicide bomb attack. tions dated between 9 and 21 June [A/58/839- The proposed Israeli withdrawal from the S/2004/470, A/ES-10/270-S/2004/485, A/ES-10/271- Gaza Strip and parts of the West Bank could help S/2004/506], the Permanent Observer of Palestine to break the political stalemate. On 7 June, the said that Israel continued to carry out illegal Israeli Government adopted a plan related to that policies and practices against the Palestinian peo- initiative. Under that plan, disengagement would ple and their leadership in the Occupied Pales- proceed in four stages and would involve the evac- tinian Territory. In violation of resolution 1544 uation of all settlements and military installa- (2004), Israel continued to kill Palestinian civil- tions in the Gaza Strip as well as the dismantling ians and to destroy homes and property in the of four settlements in the northern West Bank, by Rafah area. Israel also issued land confiscation the end of 2005. First, the isolated Gaza settle- orders in preparation for further expansion of ments of Morag, Netzarim and Kfar Darom the separation wall inside Palestinian territory. would be evacuated, followed by the West Bank Security Council consideration (23 June). settlements of Kadim, Ganim, Sanur and The Security Council, on 23 June [meeting 4995], Homesh. Then the remaining Gush Katif settle- met to discuss the situation in the Middle East, in- ments would be evacuated, and finally, the north- cluding the Palestinian question. ern Gaza settlements of Nissanit, Elei Sinai and The USG for Political Affairs said that the situa- Dugit would be dismantled. Another vote by the tion remained tense; the conflict continued to Israeli cabinet would be necessary before imple- claim lives, economic conditions worsened, hope mentation could begin. Palestinian Prime Minis- for a better future was low, and suffering contin- ter Qurei stated that the PA welcomed the disen- ued—all of which contributed to a climate of de- gagement plan so long as it was implemented as a

YUN04—4th proofs /OF July 6 2006 464 Political and security questions part of the road map. However, if the withdrawal Palestinians and seven Israelis, and wounding from Gaza and parts of the West Bank was to more than 580 Palestinians and 71 Israelis. The mark a new beginning in the peace process, both PA, despite promises by its leadership, made no sides, Israeli and Palestinian, would have to play a progress on its core obligation to end violence, part. Although the initiative was unilateral, its combat terror and reform and reorganize itself. successful application required cooperation be- Israel made no progress either on its core obliga- tween all parties. The PA had a major role to play tion to dismantle settlement outposts erected in the success of the withdrawal, and that role was since March 2001 and to move towards a com- contingent on the Palestinian leadership also ful- plete freeze of settlement activities. The slow filling its obligations under the road map. The PA progress on the implementation of Palestinian had to establish security control in the vacated reform could not be explained except by the lack areas. It also had to revitalize, reorganize and re- of political will. The PA decided to begin holding form itself. Among the most urgent tasks were local elections as early as the autumn of 2004. the strengthening of Palestinian institutions and The commitment to holding elections was a step promotion of the rule of law. That included the towards creating more democratic local institu- genuine empowerment of Prime Minister Qurei tions; however, the PA had not responded to calls and his cabinet, and the unification of the Pales- by the international community to reform its tinian security forces into three components electoral institutional framework to meet mini- under the authority of an empowered interior mal international standards. In the areas of fi- minister. nance and public administration, reform had Communications (25 June–15 July). On 25 proceeded well. June [A/58/849-S/2004/520], Turkey transmitted to Regarding security reform, President Arafat the United Nations the text of the declaration had lent only nominal support to an Egyptian adopted by the Islamic Conference of Foreign plan to reform the Palestinian security services, Ministers at its thirty-first session (Istanbul, Tur- consistent with the road map, with support of the key, 14-16 June). The declaration, among other international community. Those efforts were things, urged the Quartet to work to stop the necessary to end the emerging chaos in Palestin- Israeli aggression in all its forms and secure pro- ian areas, to restore law and order and, most im- tection for the Palestinian people. In a resolution portantly, to re-establish the PA as a credible part- adopted at the meeting [A/58/856-S/2004/582 & ner for the international community. The Corr.1], transmitted on 15 July, the Foreign Minis- Quartet as well as the Arab peace partners had ters rejected the Israeli unilateral plan and con- been active in trying to bring about the necessary demned Israel for the assassination of Sheikh reforms. The Palestinian Prime Minister needed Yassin. It called for the cessation of all political to be empowered to enable him and the cabinet to contacts with the Israeli Government as long make the necessary changes, but that had not as the blockade against the Palestinian people happened. Mr. Arafat remained confined to his continued. headquarters in Ramallah in difficult conditions, On 28 June [A/58/850-S/2004/521], Israel said under de facto house arrest. However, that was that on that day Palestinian terrorists fired four not an excuse for passivity and inaction. There rockets on the southern town of Sderot, killing was currently no sign of constructive movement. two Israeli civilians and injuring at least 11others. Despite a well-intentioned Prime Minister, the On 7 July [A/ES-10/272-S/2004/544], the Perma- paralysis of the PA was evident and the deteriora- nent Observer of Palestine said that Israel contin- tion of law and order in Palestinian areas was ued to invade Palestinian towns and used exces- worsening. Clashes and showdowns between sive and indiscriminate force against the branches of Palestinian security forces were com- Palestinian civilian population. Over the pre- mon in the Gaza Strip, where the PA’s legal au- vious month, IDF killed at least 55 Palestinians. thority was receding fast in the face of the mount- Israeli forces also continued to attack the Rafah ing power of arms, money and intimidation. area. Lawlessness and gang rule were becoming com- Security Council consideration (13 July). The mon in Nablus, while the perceived PA abdication Security Council, on 13 July [meeting 5002], dis- of responsibility had led many Rafah residents to cussed the situation in the Middle East and heard take matters into their own hands, with some of a briefing by the Special Coordinator for the them establishing a private checkpoint, prevent- Middle East Peace Process and Personal Repre- ing PA officials from crossing to Egypt or from en- sentative of the Secretary-General, Mr. Roed- tering Rafah. Jericho was becoming the only Pal- Larsen, who described the latest round of the estinian city with a functioning police. That conflict. Since the last monthly briefing of 23 collapse of authority could not be attributed only June, violence continued, claiming the lives of 61 to the Israeli incursions and operations inside

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Palestinian towns; the PA was in deep distress and ance with international law under the Fourth in real danger of collapse. Geneva Convention. The Court affirmed that the Israel’s lack of compliance on the issue of set- Assembly and the Security Council should tlements was equally frustrating. Territory lay at consider further action. the heart of the conflict. The drafters of the road The Assembly reconvened the emergency spe- map were careful to require from Israel an imme- cial session to consider the issue. diate dismantling of all outposts erected since March 2001, in order to send a clear and positive GENERAL ASSEMBLY ACTION message to the Palestinians that a paradigm shift On 20 July [meeting 27], the General Assembly was taking place. A full and comprehensive adopted resolution ES-10/15 [draft: A/ES-10/L.18/ freeze on settlement activities was to have been Rev.1] by recorded vote (150-6-10) [agenda item 5]. achieved as the security situation improved, but that had not been the case. Advisory opinion of the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Emergency special session including in and around East Jerusalem In accordance with General Assembly decision The General Assembly, ES-10/22 [YUN 2003, p. 481] and at the request of Guided by the principles enshrined in the Charter of the United Nations, Jordan [A/ES-10/274] in its capacity as Chairman of the Arab Group and on behalf of the League of Considering that the promotion of respect for the ob- ligations arising from the Charter and other instru- Arab States (LAS), as well as at the request of Ma- ments and rules of international law is among the basic laysia, on behalf of the Chairman of the Coordi- purposes and principles of the United Nations, nating Bureau of the Non-Aligned Movement Recalling its resolution 2625(XXV) of 24 October [A/ES-10/275], the tenth emergency special session 1970, on the Declaration on Principles of International of the Assembly resumed on 16 July to discuss “Il- Law concerning Friendly Relations and Cooperation legal Israeli actions in Occupied East Jerusalem among States in accordance with the Charter of the and the rest of the Occupied Palestinian Terri- United Nations, tory”. In particular, the Assembly discussed the Reaffirming the illegality of any territorial acquisi- 9 July ICJ advisory opinion on the legal conse- tion resulting from the threat or use of force, quences of the construction of a wall in the Occu- Recalling the Regulations annexed to the Hague Convention Respecting the Laws and Customs of War pied Palestinian Territory, including in and on Land of 1907, around East Jerusalem (see below). The session Recalling also the Geneva Convention relative to the was first convened in April 1997 [YUN 1997, p. 394] Protection of Civilian Persons in Time of War of 12 and resumed in July and November of that year, August 1949, and relevant provisions of customary law, as well as in March 1998 [YUN 1998, p. 425], Febru- including those codified in Additional Protocol I to the ary 1999 [YUN 1999,p. 402], October 2000 [YUN 2000, Geneva Conventions, p. 421], December 2001 [YUN 2001, p. 414],May2002 Recalling further the International Covenant on Civil [YUN 2002, p. 428] and in August of that year [ibid., and Political Rights, the International Covenant on p. 435], September 2003 [YUN 2003, p. 472] and re- Economic, Social and Cultural Rights and the Conven- tion on the Rights of the Child, sumed in October [ibid., p. 476] and December of Reaffirming the permanent responsibility of the that year [ibid., p. 479]. United Nations towards the question of Palestine until it is resolved in all aspects in a satisfactory manner on ICJ advisory opinion the basis of international legitimacy, On 9 July, at the request of the General Assem- Recalling relevant Security Council resolutions, in- cluding resolutions 242(1967) of 22 November 1967, [YUN 2003, p. 480] ICJ bly in resolution ES-10/14 , 338(1973) of 22 October 1973, 446(1979) of 22 March rendered its advisory opinion (see p. 1272) on the 1979, 452(1979) of 20 July 1979, 465(1980) of 1 March legal consequences arising from the construction 1980, 476(1980) of 30 June 1980, 478(1980) of 20 Au- by Israel of the separation wall in the Occupied gust 1980, 904(1994) of 18 March 1994, 1073(1996) of Palestinian Territory [A/ES-10/273 & Corr.1]. The 28 September 1996, 1397(2002) of 12 March 2002, 1515 Court found that the route of the wall in the occu- (2003) of 19 November 2003 and 1544(2004) of 19 May pied territory,including in and around East Jeru- 2004, salem, was contrary to international law and that Recalling also the resolutions of its tenth emergency Israel was under an obligation to terminate the special session on illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestin- building of the wall, to dismantle parts already ian Territory, built and to make reparations for all damage Reaffirming the most recent resolution of the fifty- caused to Palestinian property. It also found that eighth session of the General Assembly on the status of States were under an obligation not to recognize the Occupied Palestinian Territory, including East the illegal situation and to ensure Israel’s compli- Jerusalem, resolution 58/292 of 6 May 2004,

YUN04—4th proofs /OF July 6 2006 466 Political and security questions

Reaffirming also the right of the Palestinian people to “D. All States are under an obligation not to recog- self-determination, including their right to their inde- nize the illegal situation resulting from the con- pendent , struction of the wall and not to render aid or as- Reaffirming further the commitment to the two-State sistance in maintaining the situation created by solution of Israel and Palestine, living side by side in such construction; all States Parties to the peace and security within recognized borders, based Fourth Geneva Convention relative to the Pro- on the pre-1967 borders, tection of Civilian Persons in Time of War of 12 Condemning all acts of violence, terrorism and de- August 1949 have in addition the obligation, struction, while respecting the United Nations Charter Calling upon both parties to fulfil their obligations and international law, to ensure compliance by under relevant provisions of the road map, the Pales- Israel with international humanitarian law as tinian Authority to undertake visible efforts on the embodied in that Convention; ground to arrest, disrupt and restrain individuals and “E. The United Nations, and especially the General groups conducting and planning violent attacks, and Assembly and the Security Council, should con- the Government of Israel to take no actions undermin- sider what further action is required to bring to ing trust, including deportations and attacks on civil- an end the illegal situation resulting from the ians and extrajudicial killings, construction of the wall and the associated re- Reaffirming that all States have the right and the duty gime, taking due account of the present Advi- to take actions in conformity with international law sory Opinion.”, and international humanitarian law to counter deadly Noting that the Court concluded that “the Israeli acts of violence against their civilian population in settlements in the Occupied Palestinian Territory (in- order to protect the lives of their citizens, cluding East Jerusalem) have been established in breach Recalling its resolution ES-10/13 of 21 October 2003, of international law”, in which it demanded that Israel stop and reverse the Noting also the statement made by the Court that construction of the wall in the Occupied Palestinian “Israel and Palestine are under an obligation scrupu- Territory, including in and around East Jerusalem, lously to observe the rules of international humanita- Recalling also its resolution ES-10/14 of 8 December rian law, one of the paramount purposes of which is to 2003, in which it requested the International Court of protect civilian life”, and that “in the Court’s view, this Justice to urgently render an advisory opinion on the tragic situation can be brought to an end only through following question: implementation in good faith of all relevant Security “What are the legal consequences arising from Council resolutions, in particular resolutions 242 the construction of the wall being built by Israel, (1967) and 338(1973)”, the occupying Power, in the Occupied Palestin- Considering that respect for the Court and its func- ian Territory, including in and around East Je- tions is essential to the rule of law and reason in inter- rusalem, as described in the report of the national affairs, Secretary-General, considering the rules and 1. Acknowledges the advisory opinion of the Inter- principles of international law, including the national Court of Justice of 9 July 2004 on the Legal Fourth Geneva Convention, of 1949, and rele- Consequences of the Construction of a Wall in the Occupied vant Security Council and General Assembly Palestinian Territory , including in and around East resolutions?”, Jerusalem; Having received with respect the advisory opinion of 2. Demands that Israel, the occupying Power, com- the Court on the Legal Consequences of the Construction of ply with its legal obligations as mentioned in the advi- a Wall in the Occupied Palestinian Territory , rendered on sory opinion; 9 July 2004, 3. Calls upon all States Members of the United Noting in particular that the Court replied to the Nations to comply with their legal obligations as men- question put forth by the General Assembly in resolu- tioned in the advisory opinion; tion ES-10/14 as follows: 4. Requests the Secretary-General to establish a reg- “A. The construction of the wall being built by ister of damage caused to all natural or legal persons Israel, the occupying Power, in the Occupied concerned in connection with paragraphs 152 and 153 Palestinian Territory, including in and around of the advisory opinion; East Jerusalem, and its associated regime, are 5. Decides to reconvene to assess the implementa- contrary to international law; tion of the present resolution, with the aim of ending “B. Israel is under an obligation to terminate its the illegal situation resulting from the construction of breaches of international law; it is under an obli- the wall and its associated regime in the Occupied Pal- gation to cease forthwith the works of construc- estinian Territory, including East Jerusalem; tion of the wall being built in the Occupied Pal- 6. Calls upon both the Government of Israel and the estinian Territory,including in and around East Palestinian Authority to immediately implement their Jerusalem, to dismantle forthwith the structure obligations under the road map, in cooperation with therein situated, and to repeal or render ineffec- the Quartet, as endorsed by Security Council resolu- tive forthwith all legislative and regulatory acts tion 1515(2003), to achieve the vision of two States liv- relating thereto, in accordance with paragraph ing side by side in peace and security, and emphasizes 151 of this Opinion; that both Israel and the Palestinian Authority are “C. Israel is under an obligation to make reparation under an obligation scrupulously to observe the rules for all damage caused by the construction of the of international humanitarian law; wall in the Occupied Palestinian Territory, in- 7. Calls upon all States parties to the Fourth Geneva cluding in and around East Jerusalem; Convention to ensure respect by Israel for the Conven-

YUN04—4th proofs /OF July 6 2006 Middle East 467 tion, and invites Switzerland, in its capacity as the de- and the advisory opinion as well as its intention to positary of the Geneva Conventions, to conduct con- continue constructing the wall. sultations and to report to the General Assembly on the matter, including with regard to the possibility of Israel said that, together with a large number resuming the Conference of High Contracting Parties of Member States, it did not support the request to the Fourth Geneva Convention; for the advisory opinion, which it found inappro- 8. Decides to adjourn the tenth emergency special priate, a misuse of the advisory opinion proce- session temporarily and to authorize the President of dure and damaging to the road map. Israel was the General Assembly at its most recent session to re- dismayed that the opinion did not seriously ad- sume its meeting upon request from Member States. dress the terrorism facing Israeli civilians or the RECORDED VOTE ON RESOLUTION ES-10/15: Palestinian leadership’s refusal to bring that ter- In favour: Afghanistan, Albania, Algeria, Andorra, Antigua and rorism to an end. Those crimes were the very rea- Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, son that the fence was being erected, and Israel Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, found that omission legally inexplicable and Burkina Faso, Burundi, Cambodia, Cape Verde, Chile, China, Colombia, morally inexcusable. Israel recognized that the Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Dominican Re- security fence raised complex legal and humani- public, Ecuador, Egypt, Eritrea, Estonia, Fiji, Finland, France, Gabon, tarian issues. Accordingly, the fence and its route Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guy- ana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, It- were subject to a process of constant review and aly, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, change, including the right of those affected, Pal- Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Mal- estinian or Israeli, to petition Israel’s Supreme dives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Court. On 30 June, in response to such a petition, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama, Para- that Court recognized Israel’s authority to erect a guay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Ro- fence as a defensive measure against terrorist at- mania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia and tacks, though it stressed that the fence had to be Montenegro, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, balanced against the rights of those affected. The Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Israeli Court laid out a detailed proportionality Syrian Arab Republic, Thailand, The former Yugoslav Republic of Mace- donia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, test by which such a balance could be reached, Turkmenistan, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, and it found that sections of the fence required United Republic of Tanzania, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. re-routing. The Court’s ruling was petitioned by Against: Australia, Israel, Marshall Islands, Micronesia, Palau, United Palestinians and Israelis who wanted practical so- States. lutions on the ground; the Court sought to find a Abstaining: Cameroon, Canada, El Salvador, Nauru, Papua New Guinea, Solomon Islands, Tonga, Uganda, Uruguay, Vanuatu. balance between competing rights; it had before it specific evidence on all aspects of routing, the The Permanent Observer of Palestine, speak- security rationale and associated humanitarian ing before the vote [meeting 24], said that the ICJ ad- effects; and its ruling was binding upon Israel. visory opinion was a pivotal development that ICJ, on the other hand, was asked only about the brought international law back to the forefront of rights of one side; it was supplied only with par- the dialogue on the question of Palestine and the tial and often misleading information; it was Israeli-Palestinian conflict. While the outcome asked a question as part of a political and manip- might be considered a victory for the Palestinian ulative campaign; and its opinion was advisory people, it was also a victory for all the peoples of only. Following the judgement of the Israeli the region and for the region’s future. The Court, the Government announced that it would Court’s position on the issue, on the basis of in- not only re-route those parts of the fence that ternational law, was conclusive, and there could were the subject of the petition, but would re- be no further question as to the illegal status of examine the entire routing so as to ensure that it the wall or the settlements that Israel was build- complied with international law. That re- ing in the Occupied Palestinian Territory. ICJ’s examination had already led to a decision to re- conclusions on the wall were definitive and non- route large portions of the fence. ICJ’s opinion negotiable. The aim of the draft resolution be- did not rule out the authority to erect a security fore the Assembly was twofold: acceptance of the fence; indeed, it recognized that military exigen- advisory opinion and a call for compliance by cies and security imperatives could justify such Israel and by Member States with international action, but it failed to properly examine those exi- legal obligations as set out in the advisory opin- gencies. ion. The PA expected States to undertake actions The United States [meeting 25] said that the draft consistent with their legal obligations as deter- resolution and ICJ’s opinion that the text en- mined by ICJ, including action against settlement dorsed pointed away from a political solution to activities and sanctions against companies in- the Israeli-Palestinian crisis that would embody volved in the wall construction. Israel had already the vision of two States living side by side in peace declared its rejection of the Court’s authority and security. Moreover, the draft resolution was

YUN04—4th proofs /OF July 6 2006 468 Political and security questions one-sided, and it adopted a confusing interpreta- Hanoun, begun on 29 June in the wake of a tion of Article 51 of the UN Charter on the right Qassam attack on Sderot and continued in many to self-defence. areas of Beit Hanoun and beyond, towards the The Assembly continued its discussion on the Jabalya refugee camp. During the reporting pe- agenda item on 19 and 20 July [meetings 26 & 27]. riod, more than 60 rockets were launched from Speaking after the vote, the Netherlands, on be- Beit Hanoun at Israeli communities near the half of the EU and other Member States, said the Gaza Strip, causing injury and property damage. ICJ advisory opinion largely coincided with the Israel continued to carry out extrajudicial kill- EU’s position on the legality of the barrier built ings, as well as search and arrest campaigns by Israel on the Palestinian side of the Green throughout the West Bank and the Gaza Strip. Line (the de facto border between Israel and Pal- Progress on the implementation of Palestinian estine). The EU expressed its opposition to the reform continued to be slow and mostly cosmetic. route of the barrier. On 17 July, Prime Minister Qurei submitted his resignation, citing the state of unprecedented Further developments chaos. President Arafat announced a series of Communication (6 August). On 6 August security measures to prevent further deteriora- [A/ES-10/276-S/2004/630], the Permanent Observer tion, including the appointment of the chief of of Palestine said that Israel continued to kill and military intelligence as head of national security injure Palestinian civilians and to destroy prop- forces and the appointment of a new police chief erty in the occupied territories. For more than a in Gaza. However, those measures led to further month, Israeli forces had laid siege to the area of unrest as thousands took to the streets in Gaza Beit Hanoun in Gaza, repeatedly carrying out City in protest. The next day, demonstrations in- attacks in the area and causing destruction volved clashes among various factions of Fatah. to private and public property. Israel also contin- After that attack, manifestations of unrest, popu- ued to construct the wall and to build illegal lar discontent and chaos increased. Finally,politi- settlements. cal mediation, notably by a group of Palestinian Security Council consideration (11 August). Legislative Council members, led to an agree- The Security Council, at a meeting on 11 August ment by which President Arafat agreed to grant [meeting 5019], heard a statement by the USG for Prime Minister Qurei full authority over the Political Affairs, Mr. Prendergast, who said that security agencies, and to abide by the Basic Law there had been no tangible progress towards re- as far as the powers of the Prime Minister were suming the peace process since the 13 July brief- concerned. On 27 July, Mr. Qurei retracted his ing (see p. 464), and violence continued to claim resignation. However, despite those develop- innocent lives. Neither side took adequate steps ments, ultimate authority and control over all PA to protect civilians, and both were in breach of security agencies remained with the National their international legal obligations. Palestinian Security Council, headed by President Arafat. civilians continued to fall victim in Israeli mili- Israel also failed to implement its core commit- tary operations. The scale of destruction of Pal- ments under the road map. Settlement expansion estinian property by the Israeli military raised and lack of action on removing the outposts concerns about collective punishment. For its erected since 2001 severely undermined Palestin- part, the PA had obligations under agreements ian trust in Israel’s intentions and contributed to reached with Israel, under international human- strengthening hardliners among Palestinians. itarian law and in accordance with its commit- Despite repeated promises by the Israeli Govern- ments under the road map to protect Israeli civil- ment, settlement activities continued. Support ians from attacks emanating from territories in for Prime Minister Sharon’s initiative to with- its control. It failed to live up to those obligations, draw the Israeli armed forces from Gaza and and Israeli civilians continued to suffer attacks parts of the West Bank and to evacuate all settle- from Palestinians, most recently in the form of ments in the Gaza Strip and four settlements in Qassam rockets. Over the past month, 54 the northern West Bank was gaining momentum Palestinians had been killed and 400 Palestinians within Israel. Despite vocal opposition from seg- and 23 Israelis injured. ments of the settler community,polls showed that A new pattern had emerged: Palestinian mili- 60 per cent of Israelis supported the disengage- tants launched Qassam rockets into Israel, fol- ment initiative. lowed by Israeli helicopter missile strikes into the Communications (12 August–14 September). Gaza Strip and ever-deeper incursions into areas In communications dated 12 and 31 August adjacent to Israel. The northern Gaza Strip was [A/58/870-S/2004/647, A/58/881-S/2004/702], Israel de- the focus of a large-scale Israeli operation—oper- tailed Palestinian attacks against Israelis. On 11 ation Forward Shield—around the city of Beit August, Palestinian terrorists detonated a bomb

YUN04—4th proofs /OF July 6 2006 Middle East 469 at a checkpoint in Jerusalem, wounding six and injuring 30 others, leading to further Israeli soldiers and 12 Palestinians and killing retaliatory action. two Palestinian bystanders. On 31 August, two The Israeli policy of confiscating and/or level- Palestinian suicide bombers killed 16 Israelis and ling Palestinian land in the context of military wounded over 100 more in the city of Be’er operations and for the construction of the wall Sheva. also continued. Israel was revising long sections In communications dated between 19 August of the barrier route in accordance with a ruling and 14 September [A/ES-10/277-S/2004/668, A/ES- of the Israeli Supreme Court, which also in- 10/278-S/2004/673, A/58/877-S/2004/678, A/ES-10/279- structed the Government to respond to the advi- S/2004/719, A/ES-10/281-S/2004/729], the Permanent sory opinion rendered by ICJ on 9 July. Mean- Observer of Palestine said that Israel continued while, however, Israel continued to construct the to carry out illegal policies and practices against barrier east of Jerusalem, and there were reports the Palestinian people. On 15 August, more than that construction would be speeded up south of 2,000 Palestinian prisoners and detainees being Jerusalem. The UN Secretariat was working on held in Israeli jails started a series of hunger terms of reference for establishing a registry of strikes to protest the violation of their rights and damages, as requested by the General Assembly. their living conditions. On 7 September, IDF car- On 31 August, Prime Minister Sharon under- ried out a missile attack in the neighbourhood of lined his commitment to implement the with- Shijaia in Gaza City, killing 15 Palestinians and drawal of all armed forces from Gaza and parts of wounding at least 40 others. Between 7 and 14 the West Bank and to evacuate all settlements in September, IDF killed at least 16 Palestinians and the Gaza Strip, as well as four settlements in the wounded dozens of others in the occupied northern West Bank, and outlined a timetable for territories. the legislative process arising from the plan, Security Council consideration (17 Septem- which had already begun. On 14 September, the ber). The Security Council, on 17 September Israeli security cabinet approved the legislative [meeting 5039], heard a briefing by the USG for Pol- package for the implementation of the disen- itical Affairs. He said that it had been a bad gagement plan, including principles for the evac- month in the Middle East, with a marked in- uation of settlements and compensation for crease in casualties on both sides and a resump- settlement residents. The Government also ap- tion of suicide bombings. Nor was there good proved advance compensation for those settlers news to report in terms of implementation of the relocating voluntarily. road map. Prime Minister Sharon had said that For its part, the PA failed to make progress on Israel was not following the road map and that it its obligation to end the violence and combat might stay in the West Bank long after any with- terror and to institute meaningful reform mea- drawal from Gaza. Meanwhile, new decisions sures, despite President Arafat’s statements on were announced on settlement activity and commitment to reform. On the positive side, the Palestinian reform remained stalled. voter registration process began on 4 September In terms of specific events, the previous month under the auspices of the Central Elections was marked by the first major suicide bombing Commission. since March and a number of Israeli military op- erations, incursions and acts of destruction. On Quartet meeting (22 September) 31 August, 16 Israelis were killed and more than The Quartet, meeting informally in New York 100 injured in a double suicide bombing on two on 22 September, issued a statement [SG/2091] in buses in the Israeli city of Be’er Sheva. Responsi- which it reaffirmed its 4 May communiqué (see bility for that terror attack was claimed by Hamas, p. 460). It noted that the situation remained diffi- which stated that it was an act of revenge for Is- cult and no significant progress was made on the rael’s assassinations of its spiritual leader and his road map. The Quartet said that genuine action successor in the spring. In all, 80 Palestinians and was needed so that an empowered Palestinian 17Israelis were killed in five weeks; 630 Palestin- Prime Minister and cabinet could fulfil the PA’s ians and 133 Israelis were injured. Violence in obligations under the road map, including an and around Gaza continued. On several occa- end to violence and terrorism and the dismantle- sions, Palestinian militants launched Qassam ment of terrorist capabilities and infrastructure. rockets and mortar shells against Israeli settle- It also noted the need for the PA to prepare for as- ments in Gaza and against the Israeli town of sumption of control over Gaza, in particular by Sderot, causing damage and injury. On 6 Septem- reforming its security forces and re-establishing ber, Israeli helicopter gunships, tanks and war- the rule of law. Welcoming steps towards Pales- planes attacked a Hamas training site in Gaza tinian municipal elections, it urged Israel and the City, killing 14 Palestinians—mostly militants— PA to cooperate towards that goal. It also urged

YUN04—4th proofs /OF July 6 2006 470 Political and security questions

Israel to dismantle settlement outposts erected aggression against the Palestinian people and re- since March 2001 and to impose a settlement quested the Secretary-General to report on the freeze. In addition, Israel should ease the hu- crimes and practices of Israel in the occupied manitarian and economic plight of the Palestin- territories. ian people. Takingnote of the 9 July ICJ advisory Security Council consideration (4-5 October). opinion on the Israeli separation barrier, the At the request of Tunisia on behalf of the Arab Quartet urged positive action by Israel with re- Group and LAS [S/2004/779], the Security Council, spect to the barrier’s route. It encouraged Prime on 4 and 5 October [meetings 5049 & 5051], consid- Minister Sharon’s intention to withdraw from all ered the situation in the Middle East, including Gaza settlements and parts of the West Bank and the Palestinian question. for the two parties to coordinate implementation Speaking on 4 October, the Permanent Ob- of the withdrawal. server of Palestine said that since 29 September, IDF had killed 83 Palestinians, including 20 chil- Escalation of violence dren, injured hundreds and caused widespread Communications (23 September–4 October). destruction, including the demolition of homes On 23 September [A/59/380-S/2004/757], Israel said and the destruction of farmland, economic in- that on the previous day a Palestinian suicide stallations and infrastructure such as roads, water bomber killed two Israeli security officers and and electricity networks. The bulk of those losses wounded 30 civilians in northern Jerusalem. On occurred when IDF swept through the northern 23 September, Palestinian gunmen killed three part of the Gaza Strip, including the Jabaliya ref- military personnel in Gaza. ugee camp, rushing more than 2,000 soldiers, In communications dated between 27 Septem- 100 tanks and 100 armoured vehicles and bull- ber and 4 October [A/ES-10/282-S/2004/761, A/ES- dozers to the area, in addition to helicopter 10/283-S/2004/776, A/ES-10/285-S/2004/790, A/ES-10/284- gunships. Hundreds of Palestinians were with- S/2004/782], the Permanent Observer of Palestine out shelter as a result. Tens of thousands were said that, on 26 September, Israel killed Izzedine without water or electricity and were suffering Al-Sheikh Khalil, a leader of Hamas, when a car from severe shortages of food and medicine. bomb was detonated in Damascus, Syrian Arab Israel claimed that it swept through the northern Republic. On 29 and 30 September, IDF killed at part of the Gaza Strip and committed those acts least 33 Palestinians and wounded more than in response to the launching of rockets from that 100 others in Gaza. On 1 October, 8 more Pales- area on an Israeli town that resulted in the killing tinian civilians were killed and 17 others of two Israeli children. There was absolutely no wounded by Israeli forces in continued military justification, under any circumstances, for the Is- attacks at the Jabaliya refugee camp. raelis to carry out widespread killing and de- On 1 October [A/59/425-S/2004/808], Turkey struction. Perhaps what was taking place in Gaza transmitted to the Secretary-General the final was related in some way to the so-called unilateral communiqué of the annual coordination meet- disengagement plan, which was aimed at disman- ing of Foreign Ministers of the States members of tling the settlements and military installations in the Organization of the Islamic Conference (New the Gaza Strip, as well as four settlement outposts York, 28 September). The meeting took note of in the northern West Bank, while laying siege to Israel’s defiant response to the ICJ advisory opin- the Gaza Strip and maintaining control over its ion and called for further measures to be taken by land, airspace and water. The plan also aimed at the United Nations, in accordance with para- continuing the construction of the separation graph 5 of resolution ES-10/15 (see p. 465). It wall and the building of settlements in the West also called on UN Member States to prevent any Bank. In brief, it aimed at a long-term movement products of the Israeli settlements from entering to surround the Gaza Strip while maintaining the their markets, to decline entry to Israeli settlers colonization of the West Bank. and to impose sanctions against companies and Israel said that on 29 September two Israeli entities involved in the construction of the wall in children were murdered by Qassam rockets fired the Occupied Palestinian Territory. at the Israeli town of Sderot. The Palestinian ter- On 4 October [S/2004/795], the Permanent Ob- ror organization Hamas claimed responsibility server of LAS transmitted to the Security Council for that attack, which was only the latest of such President the text of a resolution on the deterio- incidents. Palestinian terror organizations had ration of the situation in the Palestinian terri- been producing Qassam rockets in workshops tories, adopted by the extraordinary session of dispersed throughout the Gaza Strip. The ease the LAS Council (Cairo, Egypt, 3 October). The with which those rockets were hidden, trans- resolution, among other things, called on the ported and launched made them a weapon of Quartet to take a decisive stand to stop the Israeli choice. Those rocket attacks from Gaza did not

YUN04—4th proofs /OF July 6 2006 Middle East 471 target only Israeli civilians; Palestinian lives were around the Gaza Strip sharply escalated during also put at risk by terrorists’ use of human the reporting period and the Occupied Palestin- shields. Virtually all terrorist fire directed from ian Territory drifted towards chaos. On 29 Sep- Gaza against Israeli targets emanated from tember, Qassam rockets fired from Gaza at the crowds or residential buildings, and explosive Israeli town of Sderot killed two children. The charges and mines were planted within the next day, Israel launched a major military opera- civilian infrastructure. Israel was compelled to tion in northern Gaza. A large contingent of act in accordance with its right and duty of self- Israeli troops entered Beit Lahiya, Beit Hanoun defence in an effort to halt the firing of rockets and the Jabaliya refugee camp. By 15 October, and the murder of its citizens. While the latest when Israeli troops started redeploying, 135 Pal- operation was broader than its predecessors, it estinians had been killed in Gaza, 114 of them in was relatively limited, with the aim of refraining the northern part of the Strip. UN agencies’ op- from deeply penetrating densely populated erations were severely affected by Israeli restric- areas. tions on movement. During the reporting period, On 5 October, a vote was taken on a draft reso- UNRWA was forced to suspend many of its normal lution [S/2004/783] submitted by Algeria, Pakistan operations, including the resumption of emer- and Tunisia, by which the Security Council gency food aid in the Gaza Strip. With few excep- would have demanded the immediate cessation tions, since 21 September, Israeli forces had de- of all military operations in northern Gaza and nied UN personnel unimpeded access into Gaza, the withdrawal of the Israeli occupying forces hindering the delivery of humanitarian aid. from that area. The vote was 11to 1, with 3 absten- Israel continued its policies of demolishing tions. The draft resolution was not adopted ow- houses and of confiscating and/or levelling Pal- ing to the negative vote of a permanent member estinian land for the construction of the barrier, of the Council (United States). Speaking after the which continued, especially around Jerusalem. vote, the United Kingdom said that the draft res- On 11 October, Prime Minister Sharon stated olution wrongly gave the impression that fault lay that Israel adhered to its support of the road only with the Israeli side. The responsibility for map, which he said was the only plan to enable taking steps to end the violence lay with both progress towards a viable political agreement. sides; for that reason, the United Kingdom ab- His withdrawal initiative was scheduled to enter stained. France said it voted in favour of the draft the legislative process in the Knesset (parliament) resolution for it called for an immediate cessation on 25 October. of Israeli military operations in the north of Gaza Communications (25 October and 2 Novem- and included a condemnation of acts of terror ber). On 25 October [A/ES-10/290-S/2004/856], the and the need for the speedy implementation of Permanent Observer of Palestine said that from the road map. Those two factors were essential 18 to 25 October, IDF killed 31 Palestinians and and ensured that the text was balanced. wounded dozens of other people. On 25 October, Communications (7-18 October).In communi- IDF launched a large-scale military attack on the cations dated between 7 and 18 October [A/ES- Khan Younis refugee camp in Gaza. 10/286-S/2004/801, A/59/427-S/2004/806, A/ES-10/287- On 2 November [A/59/548-S/2004/880], Israel S/2004/811, A/ES-10/288-S/2004/816, A/ES-10/289- said that the day before a Palestinian suicide S/2004/824], the Permanent Observer of Palestine bomber killed three Israeli civilians and wounded said that in a one-week period IDF killed 26 Pales- 30 others in Tel Aviv. tinian children in northern Gaza. At least 21 Pal- estinian civilians were killed by IDF between 7 and Further developments in the peace process 11 October. On 14 October, Israeli forces killed Security Council consideration (15 November five more Palestinians in two air missile strikes and 16 December). The Security Council, on 15 against refugee camps in Gaza. In the three-week November [meeting 5077], heard a briefing by the period since 29 September, IDF killed at least 150 Special Coordinator for the Middle East Peace Palestinians and injured at least 500 others. Process, Mr. Roed-Larsen. He said that on 11No- Security Council consideration (22 October). vember, President Arafat died in a hospital in On 22 October [meeting 5060], the Council heard a Paris. A funeral ceremony was held for him in briefing by the USG for Political Affairs, Mr. Cairo on 12 November, before he was buried in Prendergast, who said a major Israeli military Ramallah. The Palestinian leadership had taken operation in the Gaza Strip resulted in the deaths steps towards a smooth transition of power and, of large numbers of Palestinians. Since the last by and large, prevented unrest in the areas under monthly briefing (see p. 469), 206 Palestinians PA control. and 13 Israelis were killed and 1,033 Palestinians The Middle East had reached a critical junc- and 62 Israelis were injured. Violence in and ture even before the death of President Arafat. In

YUN04—4th proofs /OF July 6 2006 472 Political and security questions late October, the Israeli Knesset approved Prime and for the transfer of the evacuated areas to the Minister Sharon’s initiative to withdraw from the Palestinians. In addition, Mr. Sharon publicly Gaza Strip and parts of the West Bank. That his- acknowledged that incitement in the Palestinian toric decision paved the way for the evacuation of media had dropped noticeably, in accordance Israeli settlements in the Occupied Palestinian with Palestinian obligations under the road map. Territory for the first time since the occupation The overall level of violence had dropped during began in 1967. The recent violence followed a pat- the period under review, but casualty figures tern that had emerged since September 2000 and were still too high; 52 Palestinians and seven Is- especially in 2004, with Palestinian extremists raelis were killed, and 172 Palestinians and 29 Is- and militants organizing and carrying out sui- raelis were injured. While there was a reduction cide bombings and other acts of terror against in the number of incidents, Palestinian militants Israeli civilians, as they did once again on 1 No- continued to fire mortar shells and Qassam rock- vember, killing three people in Tel Aviv and ets against Israeli settlements and targets inside wounding many more. Palestinian militants also Israel. Israel continued to demolish houses and fired Qassam rockets and mortar shells against restricted movement for the Palestinians, al- cities inside Israel and against Israeli targets in though in an eased form. Israel’s construction of the Occupied Palestinian Territory. Israel main- the barrier in the West Bank also continued, with tained the illegal practice of targeted assassina- worrisome consequences for Palestinians, de- tions, including in densely populated areas spite Israel’s revision of the barrier’s route, closer where there was a high risk of so-called collateral to the Green Line. damage. Israel’s military operations and incur- Meanwhile, the Quartet principals, at a meet- sions in the occupied territories raised the spec- ing on 23 November in Sharm el-Sheikh, Egypt, tre of disproportionate use of force and collective discussed the transition in the PA and agreed that punishment through the destruction of civilian the immediate priorities were to provide techni- property and infrastructure. cal support for the elections and to help ensure Briefing the Council on 16 December [meeting the fiscal stability of the Palestinian governing 5102 ] ,theUSG for Political Affairs, Mr. Prendergast, body. said that there had been a marked number of pos- In a later briefing to the Council [meeting 5111], itive developments since the 15 November brief- Mr. Prendergast said that the first round of elec- ing, which afforded a window of opportunity to tions to Palestinian municipal councils was held revitalize the peace process. Significant strides in 26 communities on 23 December, with some were made towards ensuring that the Palestinian 150,000 eligible voters choosing from among presidential elections scheduled for 9 January more than 800 candidates. Those elections—the 2005wouldbeconductedinafreeandfairman- first at the municipal level since 1967—witnessed ner, in accordance with international standards, a voter turnout of up to 81 per cent. Women won and monitored by more than 400 international 51out of the total of 297 seats. The next round of electoral observers, with UN technical assistance local elections was due to take place in 11commu- provided to the Central Elections Commission. nities in Gaza on 27 January 2005. Registration for Palestinian voters reopened on Communications (29-30 December). In a 29 24 November and continued until 1 December. December letter [A/ES-10/291-S/2004/1028], the Per- Campaigning would officially begin on 26 De- manent Observer of Palestine said that, as 2004 cember and last through 7 January 2005. came to a close, the situation in the Occupied Pal- Security reform and the establishment of full estinian Territory continued to be critical. IDF control by the PA over the Palestinian areas con- killed nearly 1,000 Palestinians during the year tinued to be a major challenge facing the Pales- and injured thousands more, while causing mas- tinian leadership. The Israeli Government con- sive destruction of homes, properties, land and tributed to enabling a positive transition period infrastructure, particularly in and around the following the death of President Arafat. Security refugee camps of the Gaza Strip. Even after the cooperation between the parties resumed. Israel death of President Arafat, Israel continued to scaled back military activity in areas under PA wage its military campaign, inflicting almost control, and Prime Minister Sharon announced daily casualties on the Palestinian civilian popu- his willingness to cease all military incursions lation. Since 25 October, at least 113 Palestinians into Palestinian areas if calm prevailed. In recog- were killed as a result of the ongoing violence and nition of a long-standing Quartet condition, Mr. attacks. In addition, Israel continued to construct Sharon said that Israel would want to coordinate the wall and to expand its settlements. Despite security arrangements with the PA for the the assurances given by Israel that it would not planned withdrawal of Israeli troops and settlers hinder the election process, it continued to re- from the Gaza Strip and parts of the West Bank strict movement, preventing candidates from

YUN04—4th proofs /OF July 6 2006 Middle East 473 campaigning and creating obstacles for voter reg- Recalling also its resolution 36/120 E of 10 Decem- istration. On 30 December [A/ES-10/292-S/2004/ ber 1981 and all subsequent resolutions, including res- 1029], the Permanent Observer made similar olution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative claims. measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the Jerusalem character and status of the Holy City of Jerusalem, in East Jerusalem, where most of the city’s Arab particular the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, inhabitants lived, remained one of the most sen- were null and void and must be rescinded forthwith, sitive issues in the Middle East peace process and Recalling further Security Council resolutions rele- a focal point of concern for the United Nations in vant to Jerusalem, including resolution 478(1980)of 20 2004. August 1980, in which the Council, inter alia, decided Committee on Palestinian Rights. In its an- not to recognize the “Basic Law” and called upon those nual report [A/59/35], the Committee on the Exer- States which had established diplomatic missions in Je- cise of the Inalienable Rights of the Palestinian rusalem to withdraw such missions from the Holy City, Recalling the advisory opinion rendered on 9 July People (Committee on Palestinian Rights) said 2004 by the International Court of Justice on the Legal that in and around East Jerusalem settlement ac- Consequences of the Construction of a Wall in the Occupied tivity proceeded at a rate unmatched since 1992. Palestinian Territory , and recalling resolution ES-10/15 Settlement activity connecting East Jerusalem of 20 July 2004, and the “Ma’ale Adumim” settlement could re- Expressing its grave concern at any action taken by any sult in splitting the West Bank into two separate body, governmental or non-governmental, in violation Palestinian cantons, having serious implications of the above-mentioned resolutions, for the territorial contiguity of the West Bank. In Reaffirming that the international community, through the United Nations, has a legitimate interest addition, the construction by Israel of the wall in in the question of the City of Jerusalem and the protec- the Occupied Palestinian Territory, including in tion of the unique spiritual, religious and cultural di- and around East Jerusalem, continued to cause mensions of the city, as foreseen in relevant United great hardship to the Palestinians. Nations resolutions on this matter, Having considered the report of the Secretary- Transfer of diplomatic missions General, 1. Reiterates its determination that any actions taken Report of Secretary-General. On 12 October by Israel to impose its laws, jurisdiction and adminis- [A/59/431], the Secretary-General reported that tration on the Holy City of Jerusalem are illegal and five Member States, including Israel, had replied therefore null and void and have no validity whatso- to his request for information on steps taken or ever; envisaged to implement General Assembly reso- 2. Deplores the transfer by some States of their dip- lution 58/22 [YUN 2003, p. 484], which addressed lomatic missions to Jerusalem in violation of Security the transfer by some States of their diplomatic Council resolution 478(1980), and calls once more upon those States to abide by the provisions of the rele- missions to Jerusalem in violation of Security vant United Nations resolutions, in conformity with Council resolution 478(1980) [YUN 1980, p. 426]. the Charter of the United Nations; Israel viewed those resolutions as unbalanced 3. Stresses that a comprehensive, just and lasting so- and said that they threatened to prejudice the lution to the question of the City of Jerusalem should outcome of the Middle East peace process. The take into account the legitimate concerns of both the Syrian Arab Republic said Council resolution Palestinian and Israeli sides and should include inter- 478(1980) affirmed that Israel’s decision to im- nationally guaranteed provisions to ensure the free- pose its laws, jurisdiction and administration on dom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the Jerusalem was illegal and consequently null and holy places by the people of all religions and nationali- void and lacking in validity. The respondents ties; made no mention of specific steps taken to 4. Requests the Secretary-General to report to the implement resolution 58/22. General Assembly at its sixtieth session on the imple- mentation of the present resolution. GENERAL ASSEMBLY ACTION RECORDED VOTE ON RESOLUTION 59/32: [meeting 64] In favour: Afghanistan, Algeria, Andorra, Argentina, Armenia, Austra- On 1 December , the General As- lia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, sembly adopted resolution 59/32 [draft: A/59/L.39] Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herze- by recorded vote (155-7-15) [agenda item 36]. govina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Côte d’Ivoire, Croatia, Cuba, Cyprus, Jerusalem Czech Republic, Democratic People’s Republic of Korea, Denmark, Dji- The General Assembly, bouti, Dominica, Dominican Republic, Ecuador, Egypt, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Recalling its resolution 181(II) of 29 November 1947, Greece, Guinea, Guinea-Bissau, Guyana, Hungary, Iceland, India, Indo- in particular its provisions regarding the City of Jeru- nesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Ku- salem, wait,Kyrgyzstan,LaoPeople’sDemocraticRepublic,Latvia, Lebanon,Le-

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sotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, ECONOMIC AND SOCIAL COUNCIL ACTION Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, On 23 July [meeting 50], the Economic and Social Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Council adopted resolution 2004/54 [draft: E/2004/ Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, L.25, orally amended] by recorded vote (51-1-1) [agenda Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San item 11]. Marino, Saudi Arabia, Senegal, Serbia and Montenegro, Seychelles, Si- erra Leone, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Economic and social repercussions of the Israeli Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Republic of occupation on the living conditions of the Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Palestinian people in the Occupied Palestinian Uganda,Ukraine, UnitedArabEmirates,UnitedKingdom,UnitedRepub- Territory, including Jerusalem, and the Arab lic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, population in the occupied Syrian Golan Zimbabwe. Against: Costa Rica, Grenada, Israel, Marshall Islands, Micronesia, The Economic and Social Council, Palau, United States. Recalling General Assembly resolution 58/229 of 23 Abstaining: Albania, Cameroon, El Salvador, Fiji, Guatemala, Haiti, December 2003, Honduras, Kenya, Nauru, Nicaragua, Papua New Guinea, Samoa, Solo- mon Islands, Tonga, Vanuatu. Also recalling its resolution 2003/59 of 24 July 2003, Guided by the principles of the Charter of the United Nations affirming the inadmissibility of the ac- Economic and social situation quisition of territory by force, and recalling relevant A June report on the economic and social re- Security Council resolutions, including resolutions percussions of the Israeli occupation on the living 242(1967) of 22 November 1967, 338(1973) of 22 Octo- conditions of Palestinians in the occupied terri- ber 1973, 446(1979) of 22 March 1979, 452(1979) of 20 tory, including Jerusalem, and of the Arab popu- July 1979, 465(1980) of 1 March 1980, 476(1980) of 30 June 1980,478(1980)of 20 August 1980,497(1981) of 17 lation in the occupied Syrian Golan [A/59/89- December 1981, 904(1994) of 18 March 1994, 1073 E/2004/21] was prepared by the Economic and So- (1996) of 28 September 1996, 1397(2002) of 12 March cial Commission for Western Asia (ESCWA), in ac- 2002, 1515(2003) of 19 November 2003 and 1544(2004) cordance with Economic and Social Council res- of 19 May 2004, olution 2003/59 [YUN 2003, p. 486] and General Recalling the resolutions of the tenth emergency Assembly resolution 58/229 [ibid., p. 487];itcov- special session of the General Assembly, including res- ered developments since the last ESCWA report olutions ES-10/13 of 21 October 2003, ES-10/14 of [ibid., p. 485]. 8 December 2003 and ES-10/15 of 20 July 2004, Reaffirming the applicability of the Geneva Con- The report noted that the occupation of Pales- vention relative to the Protection of Civilian Persons in tinian territory by Israel continued to deepen the Time of War, of 12 August 1949, to the Occupied Pal- economic and social hardship for Palestinians. estinian Territory, including East Jerusalem, and The Israeli army continued to resort to extrajudi- other Arab territories occupied by Israel since 1967, cial killings, arbitrary detention, household de- Stressing the importance of the revival of the Middle molition, severe mobility restrictions and closure East peace process on the basis of Security Council res- policies. Economic indicators showed negative olutions 242(1967), 338(1973), 425(1978) of 19 March trends: unemployment reaching 70 per cent in 1978, 1397(2002), 1515(2003) and 1544 (2004) and the principle of land for peace, as well as compliance with some areas; greater dependence on food aid; and the agreements reached between the Government of untold losses from physical destruction of Pales- Israel and the Palestine Liberation Organization, the tinian homes, public buildings, agricultural representative of the Palestinian people, assets, infrastructure and private property. Is- Reaffirming the principle of the permanent sover- rael’s confiscation of Palestinian land and water eignty of peoples under foreign occupation over their resources for settlements and the erection of the natural resources, West Bank wall accelerated, affecting one third of Convinced that the Israeli occupation has gravely West Bank inhabitants, mostly refugees, women impeded the efforts to achieve sustainable develop- and children. Malnutrition and other health ment and a sound economic environment in the Occu- pied Palestinian Territory, including East Jerusalem, problems afflicted a growing number of Palestin- and the occupied Syrian Golan, ians at a time of curtailed access to needed serv- Gravely concerned about the deterioration of the eco- ices. Israeli restrictions regularly impeded hu- nomic and living conditions of the Palestinian people manitarian services to the Occupied Palestinian in the Occupied Palestinian Territory, including East Territory, while Israeli settlements and the con- Jerusalem, and of the Arab population of the occupied struction of a barrier in the occupied territories Syrian Golan and the exploitation by Israel, the occu- continued to fuel the Israeli-Palestinian conflict. pying Power, of their natural resources, At the same time, expansion of Israeli settlements Gravely concerned also by the grave impact on the eco- in the occupied Syrian Golan Heights continued nomic and social conditions of the Palestinian people caused by the construction of the wall by Israel inside unabated. Access to natural resources and social the Occupied Palestinian Territory and the resulting services, in particular schooling, higher educa- violation of their economic and social rights, including tion and medical facilities, remained inadequate the rights to work, to health, to education and to an for the Arab population in the Golan Heights. adequate standard of living,

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Gravely concerned at the extensive destruction by alleviate the hardship of the Palestinian people and Israel, the occupying Power, of agricultural land and improve their living conditions; orchards in the Occupied Palestinian Territory, in- 9. Requests the Secretary-General to submit to the cluding East Jerusalem, during the recent period, in- General Assembly at its fifty-ninth session, through the cluding, and in particular, as a result of the construc- Economic and Social Council, a report on the imple- tion of the wall, mentation of the present resolution and to continue to Acknowledging the advisory opinion rendered on include in the report of the United Nations Special 9 July 2004 by the International Court of Justice on the Coordinator an update on the living conditions of the Legal Consequences of the Construction of a Wall in the Palestinian people, in collaboration with relevant Occupied Palestinian Territory , United Nations agencies; Expressing grave concern about the continuation of 10. Decides to include the item entitled “Economic the recent tragic and violent events since September and social repercussions of the Israeli occupation on 2000 that have led to many deaths and injuries, the living conditions of the Palestinian people in the Aware of the important work being done by the Occupied Palestinian Territory, including East Jerusa- United Nations and the specialized agencies in lem, and the Arab population in the occupied Syrian support of the economic and social development of the Golan” in the agenda of its substantive session of 2005. Palestinian people, as well as the assistance being pro- RECORDED VOTE ON RESOLUTION 2004/54: vided in the humanitarian field, In favour: Armenia, Azerbaijan, Bangladesh, Belgium, Belize, Benin, Conscious of the urgent need for the reconstruction Bhutan, Burundi, Canada, Chile, China, Colombia, Congo, Cuba, Ecua- dor, Finland, France, Germany, Ghana, Greece, Guatemala, Hungary, In- and development of the economic and social infra- dia, Indonesia, Ireland, Italy, Jamaica, Japan, Kenya, Libyan Arab structure of the Occupied Palestinian Territory, in- Jamahiriya, Malaysia, Mauritius, Mozambique, Namibia, Nicaragua, Ni- cluding East Jerusalem, as well as the urgent need to geria, Panama, Poland, Qatar, Republic of Korea, Russian Federation, address the dire humanitarian crisis facing the Pales- Saudi Arabia, Senegal, Sweden, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Zimbabwe. tinian people, Against: United States. Calling upon both parties to fulfil their obligations Abstaining: Australia. under the road map in cooperation with the Quartet, 1. Stresses the need to preserve the national unity On the same date (decision 2004/298), the and the territorial integrity of the Occupied Palestin- Council took note of the note by the Secretary- ian Territory, including East Jerusalem, and to guar- General transmitting the report prepared by antee the freedom of movement of persons and goods ESCWA (see p. 474). in the Territory, including the removal of restrictions on going into and from East Jerusalem, and the free- dom of movement to and from the outside world; GENERAL ASSEMBLY ACTION 2. Also stresses the vital importance of the construc- On 22 December [meeting 75], the General As- tion and operation of the seaport in Gaza and safe pas- sembly, on the recommendation of the Second sage for the economic and social development of the (Economic and Financial) Committee [A/59/489], Palestinian people; adopted resolution 59/251 by recorded vote 3. Demands the complete cessation of all acts of vio- (156-5-11) [agenda item 91]. lence, including all acts of terror, provocation, incite- ment and destruction; Permanent sovereignty of the Palestinian people 4. Calls upon Israel, the occupying Power, to end its in the Occupied Palestinian Territory, including occupation of Palestinian cities, towns and other pop- East Jerusalem, and of the Arab population in the ulated centres, to end the imposition of all forms of occupied Syrian Golan over their natural resources closure and curfew and to cease its destruction of The General Assembly, homes and properties, economic institutions and agri- Recalling its resolution 58/229 of 23 December cultural fields; 2003, and taking note of Economic and Social Council 5. Reaffirms the inalienable right of the Palestinian resolution 2004/54 of 23 July 2004, people and the Arab population of the occupied Recalling also its resolution 58/292 of 6 May 2004, Syrian Golan to all their natural and economic re- Reaffirming the principle of the permanent sover- sources, and calls upon Israel, the occupying Power, eignty of peoples under foreign occupation over their not to exploit, endanger or cause loss or depletion of natural resources, these resources; Guided by the principles of the Charter of the 6. Also reaffirms that Israeli settlements in the Occu- United Nations, affirming the inadmissibility of the pied Palestinian Territory, including East Jerusalem, acquisition of territory by force, and recalling relevant and the occupied Syrian Golan are illegal and an ob- Security Council resolutions, including resolutions stacle to economic and social development; 242(1967) of 22 November 1967, 465(1980) of 1 March 7. Stresses the importance of the work of the organi- 1980 and 497(1981) of 17 December 1981, zations and agencies of the United Nations and of the Recalling its resolution 2625(XXV) of 24 October United Nations Special Coordinator for the Middle 1970 , East Peace Process and Personal Representative of the Reaffirming the applicability of the Geneva Con- Secretary-General to the Palestine Liberation Organi- vention relative to the Protection of Civilian Persons in zation and the Palestinian Authority; Time of War, of 12 August 1949, to the Occupied Pal- 8. Urges Member States to encourage private for- estinian Territory, including East Jerusalem, and eign investment in the Occupied Palestinian Territory, other Arab territories occupied by Israel since 1967, including East Jerusalem, in infrastructure, job- Recalling the advisory opinion rendered on 9 July creation projects and social development in order to 2004 by the International Court of Justice on the Legal

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Consequences of the Construction of a Wall in the Occupied the Occupied Palestinian Territory, including East Je- Palestinian Territory, and recalling also its resolution rusalem, and of the Arab population in the occupied ES-10/15 of 20 July 2004, Syrian Golan over their natural resources”. Expressing its concern at the exploitation by Israel, the RECORDED VOTE ON RESOLUTION 59/251: occupying Power, of the natural resources of the Occu- In favour: Afghanistan, Algeria, Andorra, Angola, Antigua and pied Palestinian Territory, including East Jerusalem, Barbuda, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, and other Arab territories occupied by Israel since Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, 19 67, Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Co- Expressing its concern also at the extensive destruction lombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Re- by Israel, the occupying Power, of agricultural land public, Democratic People’s Republic of Korea, Denmark, Djibouti, Domi- nica, Ecuador, Egypt, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, and orchards in the Occupied Palestinian Territory France, Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guate- during the recent period, including the uprooting of a mala,Guyana, Hungary,Iceland,India,Indonesia,Iran,Iraq,Ireland, Italy, vast number of olive trees, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lao People’s Dem- Aware of the detrimental impact of the Israeli settle- ocratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malay- ments on Palestinian and other Arab natural re- sia, Maldives, Mali, Malta, Mauritius, Mexico, Monaco, Mongolia, Mo- sources, especially as a result of the confiscation of rocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zea- land and the forced diversion of water resources, and land, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, of the dire economic and social consequences in this Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint regard, Vincent and the Grenadines, San Marino, Sao Tome and Principe, Saudi Aware also of the detrimental impact on Palestinian Arabia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Sin- gapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Su- natural resources being caused by the unlawful con- dan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Thailand, struction of the wall by Israel, the occupying Power, in TheformerYugoslavRepublicofMacedonia,Timor-Leste,Togo,Trinidad the Occupied Palestinian Territory, including in and and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United aroundEastJerusalem,andof itsgraveeffectontheeco- Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. nomicandsocialconditionsofthePalestinianpeople, Against: Israel, Marshall Islands, Micronesia, Palau, United States. Reaffirming the need for the immediate resumption Abstaining: Albania, Australia, Cameroon, Central African Republic, of negotiations within the Middle East peace process, Côted’Ivoire,DominicanRepublic,Haiti,Nauru,Tonga,Tuvalu,Vanuatu. on the basis of Security Council resolutions 242(1967), 338(1973) of 22 October 1973, 425(1978) of 19 March Other aspects 1978 and 1397(2002) of 12 March 2002, the principle of land for peace and the Quartet performance-based Special Committee on Israeli Practices. In re- road map to a permanent two-State solution to the sponse to General Assembly resolution 58/96 Israeli-Palestinian conflict, as endorsed by the Security [YUN 2003, p. 490], the Special Committee to Inves- Council in its resolution 1515(2003) of 19 November tigate Israeli Practices Affecting the Human 2003, and for the achievement of a final settlement on Rights of the Palestinian People and Other Arabs all tracks, of the Occupied Territories, in September, re- Recalling the need to end all acts of violence, includ- ing acts of terror, provocation, incitement and destruc- ported for the thirty-sixth time to the General As- tion, sembly on events and the human rights situation Takingnote ofthenotebytheSecretary-Generaltrans- in the territories it considered occupied—the mitting the report preparedby the Economic and Social Golan Heights, the West Bank, including East Commission for Western Asia on the economic and so- Jerusalem, and the Gaza Strip [A/59/381]. The re- cial repercussions of the Israeli occupation on the living port reflected the substance of information gath- conditions of the Palestinian people in the Occupied ered during the Committee’s mission to Leba- Palestinian Territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan, non, Egypt and the Syrian Arab Republic from 25 1. Reaffirms the inalienable rights of the Palestinian May to 8 June. In those three countries, the Com- people and the population of the occupied Syrian mittee met with 84 witnesses representing associ- Golan over their natural resources, including land and ations of Palestinian refugees in Lebanon, Pales- water; tinian non-governmental organizations (NGOs) 2. Calls upon Israel, the occupying Power, not to ex- from the occupied territories and Israeli NGOs, as ploit, damage, cause loss or depletion of or endanger well as individuals from Syria. The report re- the natural resources in the Occupied Palestinian Ter- viewed the human rights situation in the occu- ritory, including East Jerusalem, and in the occupied Syrian Golan; pied territories and described developments in 3. Recognizes the right of the Palestinian people to relation to the human rights situation in the occu- claim restitution as a result of any exploitation, dam- pied Syrian Golan. age, loss or depletion, or endangerment of their natu- The Committee urged international and na- ral resources, and expresses the hope that this issue tional media to give the matter broader coverage will be dealt with in the framework of the final status in order to make the appalling human rights situ- negotiations between the Palestinian and Israeli sides; ation of Palestinians and other Arabs in the occu- 4. Requests the Secretary-General to report to it at its sixtieth session on the implementation of the pres- pied territories better known to the world. Na- ent resolution, and decides to include in the provi- tional public opinion, concerned civil society sional agenda of its sixtieth session the item entitled groups and diplomatic, academic and other cir- “Permanent sovereignty of the Palestinian people in cles should take the lead in assembling and dis-

YUN04—4th proofs /OF July 6 2006 Middle East 477 seminating information about the violations of Notice of seizure of land had been served in an international law and international humanita- arbitrary manner and there were no real means rian law perpetrated daily in the Occupied Pales- for landowners to contest the seizure. The wall tinian Territory that were generating destruction had infrequent gates for the purpose of crossing, of human life, infrastructure, cultivated land and thus those farmers granted permits to farm their economic wealth. The construction of the wall land had difficulty gaining access. The permit was causing major changes to the social fabric of system also interfered with education, health Palestinian communities. The Committee was care and family life. There was a real prospect also alarmed at the regional and international di- that life would become so intolerable for villagers mensions of the Palestinian issue and was con- living in the closed zone that they would abandon vinced that the international community had to their homes and migrate to the West Bank. The act, especially in view of the advisory opinion ren- main beneficiaries of the wall were settlers: 54 dered by ICJ and the ensuing adoption by the settlements and 142,000 settlers (63 per cent of General Assembly of resolution ES-10/15 (see the West Bank settlement population) would find p. 465). themselves on the Israeli side of the wall, with ac- Report of Secretary-General. On 9 September cess to land separated from its Palestinian own- [A/59/345], the Secretary-General informed the ers. The wall might have been justified as a General Assembly that Israel had not replied to security measure to prevent would-be suicide his August request for information on steps taken bombers from entering Israel had it followed the or envisaged to implement Assembly resolution course of the Green Line; however, as it was built 58/99 [YUN 2003, p. 489], demanding that Israel, largely on Palestinian territory, it could not be among other things, cease all practices and ac- justified on those grounds. The route of the wall tions that violated the human rights of the Pales- suggested that its main purpose was the annex- tinian people, and condemning all acts of terror, ation, by de facto means, of additional land for provocation, incitement and destruction, espe- Israel. In addition, the wall violated the prohibi- cially the excessive use of force by Israeli forces tion on the acquisition of territory by forcible against Palestinian civilians. means, and undermined the right to self- Commission on Human Rights.In a 27 Febru- determination of the Palestinian people by re- ary addendum [E/CN.4/2004/6/Add.1] to his Sep- ducing the size of a future Palestinian State. tember 2003 report on the human rights situa- In a 12 August interim report [A/59/256], the tion in the occupied territories [YUN 2003, p. 488], Special Rapporteur said that since February, IDF the Special Rapporteur of the Commission on had intensified its military incursions into the Human Rights, John Dugard (South Africa), Gaza Strip, resulting in deaths and a massive and stated that the situation was characterized by seri- wanton destruction of property. Despite Israel’s ous violations of human rights law, and that ter- announced intention to withdraw from Gaza, in rorism was a constant feature of the conflict in reality it planned to retain ultimate control by the occupied territories and neighbouring Israel. controlling its borders, territorial sea and air- Both Palestinians and Israelis were responsible space. for inflicting a reign of terror on civilians. The wall that Israel was constructing within Focusing on the separation wall being con- the Palestinian territory was held to be contrary structed by Israel, the Special Rapporteur said to international law by ICJ on 9 July 2004. Israel that insofar as it was built on Palestinian territory, announced that it would not comply with that ad- it could not be justified as a legitimate or propor- visory opinion, but indicated that it would abide tionate response to terrorism. The wall, which by the ruling of its own High Court in respect of penetrated deep into Palestinian territory, had sections of the wall still to be built. resulted in the creation of a zone between the Israel claimed that the purpose of the wall was Green Line and the wall inside the Occupied Pal- to secure Israel from terrorist attacks and estinian Territory. Israel designated that area as claimed that such attacks inside Israel had “closed” to all Palestinians. Palestinians who dropped by over 80 per cent as a result of the wall. lived, farmed, worked or went to school within The Special Rapporteur noted that there was no that closed zone required special permits from compelling evidence that suicide bombers could the Israeli authorities. Both the construction of not have been as effectively prevented from enter- the wall and the operation of the permit system ing Israel if the wall had been built along the for the closed zone had caused great hardships to Green Line or within the Israeli side of that Line. Palestinians and violated norms of human rights In his view, there were more convincing explana- law and international humanitarian law. In addi- tions for the construction of the wall, such as the tion, the construction of the wall had resulted in incorporation of settlers within Israel, the confis- large-scale destruction of Palestinian property. cation of Palestinian land and the inducement to

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Palestinians to leave their lands by making life in- ing also General Assembly resolution ES-10/15 of 20 tolerable for them. In deciding on the route of July 2004, the wall, Israel had seized rich agricultural land Noting in particular the Court’s reply, including that the construction of the wall by Israel, the occupying and water resources along the Green Line. In the Power, in the Occupied Palestinian Territory, includ- Jerusalem area, the wall was being built around ing in and around East Jerusalem, and its associated an expanded East Jerusalem to incorporate some regime are contrary to international law, 247,000 settlers in 12 settlements and some Recalling the International Covenant on Civil and 249,000 Palestinians within the wall. The seizure Political Rights, the International Covenant on Eco- of land in East Jerusalem would have serious im- nomic, Social and Cultural Rights and the Convention plications for Palestinians, for, among other on the Rights of the Child, and affirming that these hu- things, it would prohibit over 100,000 Palestin- man rights instruments must be respected in the Occu- pied Palestinian Territory, including East Jerusalem, ians in West Bank neighbourhoods who were Aware of the responsibility of the international com- dependent upon the facilities of East Jerusalem, munity to promote human rights and ensure respect including hospitals, universities, schools, em- for international law, and recalling in this regard its ployment and markets for agricultural goods, resolution 2625(XXV) of 24 October 1970, from entering East Jerusalem. Reaffirming the principle of the inadmissibility of Freedom of movement was severely curtailed the acquisition of territory by force, in the West Bank and Gaza. The inhabitants of Reaffirming also the applicability of the Geneva Con- vention relative to the Protection of Civilian Persons in Gaza were effectively imprisoned by a combina- Time of War, of 12 August 1949, to the Occupied Pal- tion of wall, fence and sea. Within Gaza freedom estinian Territory, including East Jerusalem, and of movement was severely restricted by road- other Arab territories occupied by Israel since 1967, blocks which effectively divided the small terri- Reaffirming further the obligation of the States par- tory. The inhabitants of the West Bank were sub- ties to the Fourth Geneva Convention under articles jected to a system of curfews and checkpoints that 146, 147 and 148 with regard to penal sanctions, grave denied freedom of movement. Palestinians liv- breaches and responsibilities of the High Contracting ing in the West Bank needed permits to travel Parties, Reaffirming that all States have the right and the from one city to another and permits were arbi- duty to take actions in conformity with international trarily withheld and seldom granted for private law and international humanitarian law to counter vehicles. deadly acts of violence against their civilian population in order to protect the lives of their citizens, GENERAL ASSEMBLY ACTION Stressing the need for full compliance with the On 10 December [meeting 71], the General As- Israeli-Palestinian agreements reached within the con- sembly, on the recommendation of the Fourth text of the Middle East peace process and the imple- mentation of the Quartet road map to a permanent (Special Political and Decolonization) Commit- two-State solution to the Israeli-Palestinian conflict, tee [A/59/471], adopted resolution 59/124 by re- Concerned about the continuing systematic violation corded vote (149-7-22) [agenda item 76]. of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the Israeli practices affecting the human rights of the excessive use of force, the use of collective punish- Palestinian people in the Occupied Palestinian ment, the reoccupation and closure of areas, the con- Territory, including East Jerusalem fiscation of land, the establishment and expansion of The General Assembly, settlements, the construction of the wall inside the Oc- Recalling its relevant resolutions, including resolu- cupied Palestinian Territory in departure from the Ar- tion 58/292 of 6 May 2004, as well as those adopted at mistice Line of 1949, the destruction of property and its tenth emergency special session, all other actions by it designed to change the legal sta- Recalling also the relevant resolutions of the Com- tus, geographical nature and demographic composi- mission on Human Rights, tion of the Occupied Palestinian Territory, including Bearing in mind the relevant resolutions of the East Jerusalem, Security Council, Gravely concerned about the military actions that have Having considered the report of the Special Commit- been carried out since 28 September 2000 and that tee to Investigate Israeli Practices Affecting the Human have led to thousands of deaths among Palestinian ci- Rights of the Palestinian People and Other Arabs of vilians, including hundreds of children, and tens of the Occupied Territories and the report of the thousands of injuries, Secretary-General, Expressing deep concern about the extensive destruc- Taking note of the report of the Human Rights In- tion caused by the Israeli occupying forces, including quiry Commission established by the Commission on of religious, cultural and historical sites, of vital infra- Human Rights and the recent reports of the Special structure and institutions of the Palestinian Authority, Rapporteur of the Commission on Human Rights on and of agricultural land throughout Palestinian cities, the situation of human rights in the Palestinian terri- towns, villages and refugee camps, tories occupied by Israel since 1967, Expressing deep concern also about the Israeli policy of Recalling the advisory opinion rendered on 9 July closure and the severe restrictions, including curfews, 2004 by the International Court of Justice, and recall- that continue to be imposed on the movement of per-

YUN04—4th proofs /OF July 6 2006 Middle East 479 sons and goods, including medical and humanitarian lating thereto, and make reparation for all damage personnel and goods, throughout the Occupied Pales- caused by the construction of the wall; tinian Territory, including East Jerusalem, and the 9. Stresses the need to preserve the territorial integ- consequent negative impact on the socio-economic sit- rity of all the Occupied Palestinian Territory and to uation of the Palestinian people, which remains that of guarantee the freedom of movement of persons and a dire humanitarian crisis, goods within the Palestinian territory, including the Expressing concern that thousands of Palestinians removal of restrictions on movement into and from continue to be held in Israeli prisons or detention cen- East Jerusalem, and the freedom of movement to and tres under harsh conditions that impair their well- from the outside world; being, and also expressing concern about the ill- 10. Requests the Secretary-General to report to the treatment and harassment of any Palestinian prisoners General Assembly at its sixtieth session on the imple- and all reports of torture, mentation of the present resolution. Convinced of the need for an international presence to monitor the situation, to contribute to ending the vi- RECORDED VOTE ON RESOLUTION 59/124: olence and protecting the Palestinian civilians and to In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Argen- tina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Bar- help the parties to implement agreements reached, bados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, and, in this regard, recalling the positive contribution Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, of the Temporary International Presence in Hebron, Cambodia, Cape Verde, Chile, China, Colombia, Comoros, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Den- Stressing the necessity for the full implementation of mark, Djibouti, Dominica, Ecuador, Egypt, Eritrea, Estonia, Ethiopia, Fiji, all relevant Security Council resolutions, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Hungary, India, Indonesia, Iran, Iraq, Ireland, It- 1. Reiterates that all measures and actions taken by aly, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao Peo- Israel, the occupying Power, in the Occupied Palestin- ple’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab ian Territory, including East Jerusalem, in violation of Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malay- the relevant provisions of the Geneva Convention rela- sia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mon- golia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, tive to the Protection of Civilian Persons in Time of New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, War, of 12 August 1949, and contrary to the relevant Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of resolutions of the Security Council, are illegal and Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Ara- have no validity; bia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singa- 2. Demands that Israel, the occupying Power, com- pore, Slovakia, Slovenia, Somalia, SouthAfrica, Spain, Sri Lanka, Sudan, ply fully with the provisions of the Fourth Geneva Con- Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan,Thailand, The former Yugoslav Republic of Macedonia, Timor- vention of 1949 and cease immediately all measures Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, and actions taken in violation and in breach of the Con- Ukraine, United Arab Emirates, United Kingdom, United Republic of Tan- vention, including the extrajudicial executions; zania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. 3. Condemns all acts of violence, including all acts of Against: Australia, Israel, Marshall Islands, Micronesia, Nauru, Palau, United States. terror, provocation, incitement and destruction, espe- Abstaining: Albania, Cameroon, Canada, Costa Rica, Côte d’Ivoire, Do- cially the excessive use of force by the Israeli occupying minican Republic, El Salvador, Equatorial Guinea, Grenada, Guatemala, forces against Palestinian civilians, resulting in exten- Haiti, Honduras, Iceland, Kenya, Nicaragua, Papua New Guinea, Solo- sive loss of life, vast numbers of injuries and massive mon Islands, Tonga, Tuvalu, Uganda, Uzbekistan, Vanuatu. destruction of homes, properties, agricultural lands and vital infrastructure; By resolution 59/179 of 20 December, the As- 4. Expresses grave concern at the use of suicide bomb- sembly reaffirmed the right of the Palestinian ing attacks against Israeli civilians, resulting in exten- people to self-determination, including the right sive loss of life and injury; to their State, and urged all States and UN spe- 5. Condemns the events that occurred in the Jenin cialized agencies and organizations to support refugee camp in April 2002, including the loss of life, the Palestinian people in their quest for self- injury, widespread destruction and displacement in- flicted on many of its civilian inhabitants; determination (see p. 486). 6. Condemns also the killing of Palestinian civilians and the widespread demolition of homes by Israel, the Work of Special Committee occupying Power, in the Rafah refugee camp in May In a September report [A/59/344], the 2004 and in the Jabaliya refugee camp in October 2004; Secretary-General stated that all necessary facili- 7. Demands that Israel, the occupying Power, cease all practices and actions which violate the human ties were provided to the Special Committee on rights of the Palestinian people, respect human rights Israeli Practices, as requested in General Assem- law and comply with its obligations; bly resolution 58/96 [YUN 2003, p. 490]. Arrange- 8. Demands also that Israel, the occupying Power, ments were made for it to meet in March and May comply with its legal obligations under international in Geneva, and a field mission was carried out to law, as mentioned in the advisory opinion rendered on Lebanon, Egypt and the Syrian Arab Republic 9 July 2004 by the International Court of Justice and from 25 May to 8 June. Due to the restrictions im- as demanded in resolution ES-10/15 and resolution posed on the production of Assembly reports, the ES-10/13 of 21 October 2003, and that it cease the con- struction of the wall in the Occupied Palestinian Terri- Special Committee did not submit periodic re- tory, including in and around East Jerusalem, disman- ports during the period under review. The UN tle forthwith the structure situated therein, repeal or Department of Public Information continued to render ineffective all legislative and regulatory acts re- provide press coverage of Special Committee

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meetings and to disseminate information on its other Arabs of the occupied territories, as reflected in activities. the report of the Special Committee covering the re- porting period; GENERAL ASSEMBLY ACTION 4. Expresses grave concern about the continuing crisis situation in the Occupied Palestinian Territory, in- On 10 December [meeting 71], the General As- cluding East Jerusalem, since 28 September 2000, as a sembly, on the recommendation of the Fourth result of unlawful Israeli practices and measures, and Committee [A/59/471], adopted resolution 59/121 especially condemns the excessive and indiscriminate by recorded vote (84-9-80) [agenda item 76]. use of force against the civilian population, including extrajudicial executions, which has resulted in more Work of the Special Committee to Investigate than 3,400 Palestinian deaths, including those of more Israeli Practices Affecting the Human Rights than 750 children, and tens of thousands of injuries; of the Palestinian People and Other Arabs 5. Requests the Special Committee, pending com- of the Occupied Territories plete termination of the Israeli occupation, to continue The General Assembly, to investigate Israeli policies and practices in the Occu- Guided by the purposes and principles set forth in pied Palestinian Territory, including East Jerusalem, the Charter of the United Nations, and other Arab territories occupied by Israel since Guided also by international humanitarian law, in 1967, especially Israeli violations of the Geneva Con- particular the Geneva Convention relative to the Pro- vention relative to the Protection of Civilian Persons in tection of Civilian Persons in Time of War, of 12 Au- Time of War, of 12 August 1949, and to consult, as ap- gust 1949, as well as international standards of human propriate, with the International Committee of the rights, in particular the Universal Declaration of Hu- Red Cross according to its regulations in order to en- man Rights and the International Covenants on Hu- sure that the welfare and human rights of the peoples man Rights, of the occupied territories are safeguarded and to re- Recalling its relevant resolutions, including resolu- port to the Secretary-General as soon as possible and tions 2443(XXIII) of 19 December 1968 and 58/96 of whenever the need arises thereafter; 9 December 2003, and the relevant resolutions of the 6. Also requests the Special Committee to submit Commission on Human Rights, regularly to the Secretary-General periodic reports on Recalling also the relevant resolutions of the Security the current situation in the Occupied Palestinian Ter- Council, ritory, including East Jerusalem; Taking into account the advisory opinion rendered on 7. Further requests the Special Committee to con- 9 July 2004 by the International Court of Justice on the tinue to investigate the treatment of prisoners and de- Legal Consequences of the Construction of a Wall in the Oc- tainees in the Occupied Palestinian Territory, includ- cupied Palestinian Territory , and recalling in this regard ing East Jerusalem, and other Arab territories General Assembly resolution ES-10/15of 20 July 2004, occupied by Israel since 1967; Convinced that occupation itself represents a gross 8. Requests the Secretary-General: and grave violation of human rights, (a) To provide the Special Committee with all nec- Gravely concerned about the continuation of the tragic essary facilities, including those required for its visits events that have taken place since 28 September 2000, to the occupied territories, so that it may investigate including the excessive use of force by the Israeli occu- Israeli policies and practices referred to in the present pying forces against Palestinian civilians, resulting in resolution; thousands of deaths and injuries, (b) To continue to make available such staff as may Having considered the report of the Special Commit- be necessary to assist the Special Committee in the per- tee to Investigate Israeli Practices Affecting the Human formance of its tasks; Rights of the Palestinian People and Other Arabs of (c) To circulate regularly to Member States the pe- the Occupied Territories and the relevant reports of riodic reports mentioned in paragraph 6 above; the Secretary-General, (d) To ensure the widest circulation of the reports Recalling the Declaration of Principles on Interim of the Special Committee and of information regard- Self-Government Arrangements of 13 September 1993 ing its activities and findings, by all means available, and the subsequent implementation agreements be- through the Department of Public Information of the tween the Palestinian and Israeli sides, Secretariat and, where necessary, to reprint those re- Expressing the hope that the Israeli occupation will be ports of the Special Committee that are no longer brought to an early end and that therefore the violation available; of the human rights of the Palestinian people will (e) To report to the General Assembly at its sixtieth cease, and recalling in this regard its resolution session on the tasks entrusted to him in the present res- 58/292 of 6 May 2004, olution; 1. Commends the Special Committee to Investigate 9. Decides to include in the provisional agenda of its Israeli Practices Affecting the Human Rights of the Pal- sixtieth session the item entitled “Report of the Special estinian People and Other Arabs of the Occupied Terri- Committee to Investigate Israeli Practices Affecting tories for its efforts in performing the tasks assigned to the Human Rights of the Palestinian People and Other it by the General Assembly and for its impartiality; Arabs of the Occupied Territories”. 2. Reiterates its demand that Israel, the occupying RECORDED VOTE ON RESOLUTION 59/121: Power, cooperate with the Special Committee in im- In favour: Afghanistan, Algeria, Armenia, Azerbaijan, Bahrain, Bangla- plementing its mandate; desh, Barbados, Belarus, Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cape Verde, Chile, China, Colom- 3. Deplores those policies and practices of Israel that bia, Comoros, Cuba, Democratic People’s Republic of Korea, Djibouti, violate the human rights of the Palestinian people and Dominica, Ecuador, Egypt, Gabon, Ghana, Guinea, Guinea-Bissau, Guy-

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ana, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kuwait, Lao People’s Bearing in mind the relevant resolutions of the DemocraticRepublic, Lebanon, Lesotho,Libyan ArabJamahiriya, Mada- gascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Morocco, Mo- Security Council, zambique, Myanmar, Namibia, Nepal, Nigeria, Oman, Pakistan, Para- Recalling the Regulations annexed to the Hague guay, Qatar, Saint Lucia, Sao Tome and Principe, Saudi Arabia, Senegal, Convention IV of 1907, the Geneva Convention relative Sierra Leone, Singapore, Somalia, South Africa, Sri Lanka, Sudan, Suri- name, Syrian Arab Republic, Tajikistan,Togo,Trinidad and Tobago,Tuni- to the Protection of Civilian Persons in Time of War, sia, Turkey, Turkmenistan,United Arab Emirates, United Republic of Tan- of 12 August 1949, and relevant provisions of custom- zania, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. ary law, including those codified in Additional Proto- Against: Australia, Canada, Grenada, Israel, Marshall Islands, Microne- col I to the four Geneva Conventions, sia, Nauru, Palau, United States. Abstaining: Albania, Andorra, Antigua and Barbuda, Argentina, Aus- Having considered the report of the Special Commit- tria, Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Burundi, tee to Investigate Israeli Practices Affecting the Human Cameroon, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Rights of the Palestinian People and Other Arabs of Denmark, Dominican Republic, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Greece, Guatemala, the Occupied Territories and the relevant reports of Haiti, Honduras, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, the Secretary-General, Kenya, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Mo- Considering that the promotion of respect for the ob- naco, Mongolia, Netherlands, New Zealand, Nicaragua, Norway, Pan- ligations arising from the Charter of the United ama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Vincent Nations and other instruments and rules of interna- and the Grenadines, Samoa, San Marino, Serbia and Montenegro, tional law is among the basic purposes and principles Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Switzerland, Thai- of the United Nations, land, The former Yugoslav Republic of Macedonia, Tonga, Tuvalu, Uganda, Ukraine, United Kingdom, Uruguay, Uzbekistan, Vanuatu. Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice, and also re- calling General Assembly resolution ES-10/15, Fourth Geneva Convention Noting in particular the Court’s reply, including that Report of Secretary-General. In September the Fourth Geneva Convention is applicable in the Oc- [A/59/339], the Secretary-General informed the cupied Palestinian Territory, including East Jerusa- General Assembly that Israel had not replied to lem, and that Israel is in breach of several of the provi- sions of the Convention, his August request for information on steps taken Noting the convening for the first time, on 15 July or envisaged to implement Assembly resolution 1999, of a Conference of High Contracting Parties to 58/97 [YUN 2003, p. 491] demanding that Israel ac- the Fourth Geneva Convention, as recommended by cept the de jure applicability of the Fourth the General Assembly in its resolution ES-10/6 of Geneva Convention in the Occupied Palestinian 9 February 1999, on measures to enforce the Conven- Territory, including East Jerusalem, and that it tion in the Occupied Palestinian Territory, including comply scrupulously with its provisions. The East Jerusalem, and to ensure respect thereof in ac- cordance with article 1 common to the four Geneva Secretary-General noted that he had drawn the Conventions, and aware of the statement adopted by attention of all States parties to the Convention to the Conference, paragraph 3 of resolution 58/97 calling on them Welcoming the reconvening of the Conference of to exert all efforts to ensure respect by Israel for High Contracting Parties to the Fourth Geneva Con- the Convention’s provisions, and to paragraph 6 vention on 5 December 2001 in Geneva and stressing of resolution 58/100 [ibid., p. 524] calling on States the importance of the Declaration adopted by the Con- not to recognize any legislative or administrative ference, and underlining the need for the parties to measures and actions taken by Israel in the occu- follow up the implementation of the Declaration, Welcoming and encouraging the initiatives by States pied Syrian Golan. parties to the Convention, both individually and collec- The High Contracting Parties to the Fourth tively, according to article 1 common to the four Geneva Convention had reaffirmed the applica- Geneva Conventions, aimed at ensuring respect for the bility of the Convention to the Occupied Palestin- Convention, ian Territory at meetings in 1999 [YUN 1999, p. 415] Stressing that Israel, the occupying Power, should and in 2001 [YUN 2001, p. 425]. comply strictly with its obligations under international law, including international humanitarian law, 1. Reaffirms that the Geneva Convention relative to GENERAL ASSEMBLY ACTION the Protection of Civilian Persons in Time of War, of On 10 December [meeting 71], the General As- 12 August 1949, is applicable to the Occupied Palestin- sembly, on the recommendation of the Fourth ian Territory, including East Jerusalem, and other Committee [A/59/471], adopted resolution 59/122 Arab territories occupied by Israel since 1967; by recorded vote (160-7-11) [agenda item 76]. 2. Demands that Israel accept the de jure applicabil- ity of the Convention in the Occupied Palestinian Ter- Applicability of the Geneva Convention relative ritory, including East Jerusalem, and other Arab terri- to the Protection of Civilian Persons in Time tories occupied by Israel since 1967, and that it comply of War, of 12 August 1949, to the Occupied scrupulously with the provisions of the Convention; Palestinian Territory, including East Jerusalem, 3. Calls upon all High Contracting Parties to the and the other occupied Arab territories Convention, in accordance with article 1 common to The General Assembly, the four Geneva Conventions and as mentioned in the Recalling its relevant resolutions, including its reso- advisory opinion of the International Court of Justice lution 58/292 of 6 May 2004, of 9 July 2004, to continue to exert all efforts to ensure Recalling also its resolution ES-10/15of 20 July 2004, respect for its provisions by Israel, the occupying

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Power, in the Occupied Palestinian Territory, includ- Recalling its relevant resolutions, including resolu- ing East Jerusalem, and other Arab territories occu- tion 58/292 of 6 May 2004, as well as those resolutions pied by Israel since 1967; adopted at its tenth emergency special session, 4. Reiterates the need for speedy implementation of Recalling also relevant Security Council resolutions, the relevant recommendations contained in the resolu- including resolutions 242(1967) of 22 November 1967, tions of its tenth emergency special session, including 446(1979) of 22 March 1979, 465(1980) of 1 March resolution ES-10/15, with regard to ensuring respect 1980, 476(1980) of 30 June 1980, 478(1980) of 20 Au- by Israel, the occupying Power, for the provisions of gust 1980, 497(1981) of 17 December 1981 and 904 the Convention; (1994) of 18 March 1994, 5. Requests the Secretary-General to report to the Reaffirming the applicability of the Geneva Conven- General Assembly at its sixtieth session on the imple- tion relative to the Protection of Civilian Persons in mentation of the present resolution. Time of War, of 12 August 1949, to the Occupied Pal- RECORDED VOTE ON RESOLUTION 59/122: estinian Territory, including East Jerusalem, and to In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Argen- the occupied Syrian Golan, tina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Bar- Considering that the transfer by the occupying Power bados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, of parts of its own civilian population into the territory Cambodia, Canada, Cape Verde, Chile, China, Colombia, Comoros, it occupies is a breach of the Fourth Geneva Conven- Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic tion and relevant provisions of customary law, includ- People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Fin- ing those codified in Additional Protocol I to the land, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Geneva Conventions, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, In- Recalling the advisory opinion rendered on 9 July donesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, 2004 by the International Court of Justice on the Legal Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxem- Consequences of the Construction of a Wall in the Occupied bourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Palestinian Territory , and recalling also General Assem- Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, bly resolution ES-10/15 of 20 July 2004, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Oman, Paki- stan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Re- Noting that the Court concluded that “the Israeli set- public of Korea, Republic of Moldova, Romania, Russian Federation, tlements in the Occupied Palestinian Territory (in- Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao cluding East Jerusalem) have been established in Tomeand Principe, Saudi Arabia, Senegal, Serbia and Montenegro, Sey- chelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, breach of international law”, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Taking note of the recent report of the Special Rap- Sweden,Switzerland,SyrianArabRepublic,Tajikistan,Thailand,Thefor- porteur of the Commission on Human Rights on the mer Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tonga, Trini- dad and Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab situation of human rights in the Palestinian territories Emirates, United Kingdom, United Republic of Tanzania, Uruguay, occupied by Israel since 1967, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. Recalling the Declaration of Principles on Interim Against: Grenada, Israel, Marshall Islands, Mauritania, Micronesia, Palau, United States. Self-Government Arrangements of 13 September 1993 Abstaining: Albania, Australia, Cameroon, Côte d’Ivoire, Dominican and the subsequent implementation agreements be- Republic, Haiti, Nauru, Papua New Guinea, Tuvalu, Uganda, Vanuatu. tween the Palestinian and Israeli sides, Recalling also the Quartet road map to a permanent Israeli settlements two-State solution to the Israeli-Palestinian conflict, and noting specifically its call for a freeze on all settle- Report of Secretary-General. On 9 September ment activity, [A/59/343], the Secretary-General informed the Aware that Israeli settlement activities have involved, General Assembly that Israel had not replied to inter alia, the transfer of nationals of the occupying his August request for information on steps taken Power into the occupied territories, the confiscation of or envisaged to implement the relevant provi- land, the exploitation of natural resources and other sions of resolution 58/98 [YUN 2003, p. 492],de- illegal actions against the Palestinian civilian popula- manding that Israel, among other things, cease tion, all construction of the wall and new settlements Bearing in mind the detrimental impact of Israeli set- in the Occupied Palestinian Territory, including tlement policies, decisions and activities on efforts to achieve peace in the Middle East, East Jerusalem. Expressing grave concern about the continuation by Israel, the occupying Power, of settlement activities, in GENERAL ASSEMBLY ACTION violation of international humanitarian law, relevant On 10 December [meeting 71], the General As- United Nations resolutions and the agreements sembly, on the recommendation of the Fourth reached between the parties, including the construc- Committee [A/59/471], adopted resolution 59/123 tion and expansion of the settlements in Jabal Abu- by recorded vote (155-8-15) [agenda item 76]. Ghneim and Ras Al-Amud in and around Occupied East Jerusalem, Israeli settlements in the Occupied Expressing grave concern also about the continuing un- Palestinian Territory, including East Jerusalem, lawful construction by Israel of the wall inside the Oc- and the occupied Syrian Golan cupied Palestinian Territory, including in and around The General Assembly, East Jerusalem, and expressing its concern in particu- Guided by the principles set forth in the Charter of lar about the route of the wall in departure from the the United Nations, and affirming the inadmissibility Armistice Line of 1949, which could prejudge future of the acquisition of territory by force, negotiations and make the two-State solution physi-

YUN04—4th proofs /OF July 6 2006 Middle East 483 cally impossible to implement and which is causing the ple’s Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malay- Palestinian people further humanitarian hardship, sia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mon- Deeply concerned that the wall’s route has been traced golia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, in such a way as to include the great majority of the New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Israeli settlements in the Occupied Palestinian Terri- Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and tory, including East Jerusalem, the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Ara- Reiterating its opposition to settlement activities in the bia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singa- Occupied Palestinian Territory, including East Jerusa- pore, Slovakia, Slovenia, Somalia, SouthAfrica, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, lem, and to any activities involving the confiscation of Tajikistan,Thailand, The former Yugoslav Republic of Macedonia, Timor- land, the disruption of the livelihood of protected per- Leste, Togo, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab sons and the de facto annexation of land, Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vene- zuela, Viet Nam, Yemen, Zambia, Zimbabwe. Recalling the need to end all acts of violence, includ- Against: Australia, Grenada, Israel, Marshall Islands, Micronesia, ing acts of terror, provocation, incitement and destruc- Nauru, Palau, United States. tion, Abstaining: Albania, Cameroon, Côte d’Ivoire, Dominican Republic, Gravely concerned about the dangerous situation re- Equatorial Guinea, Haiti, Kenya, Nicaragua, Papua New Guinea, Solo- sulting from actions taken by the illegal armed Israeli mon Islands, Tonga, Tuvalu, Uganda, Uzbekistan, Vanuatu. settlers in the occupied territory, Taking note of the relevant reports of the Secretary- Palestinian women General, The Secretary-General, in a report [E/CN.6/ 1. Reaffirms that Israeli settlements in the Palestin- 2004/4] to the Commission on the Status of ian territory, including East Jerusalem, and in the oc- cupied Syrian Golan are illegal and an obstacle to Women, as requested by the Economic and Social peace and economic and social development; Council in resolution 2003/42 [YUN 2003, p. 494], 2. Calls upon Israel to accept the de jure applicabil- reviewed the situation of Palestinian women and ity of the Geneva Convention relative to the Protection assistance provided by UN organizations from of Civilian Persons in Time of War, of 12 August 1949, September 2002 to September 2003. He said that to the Occupied Palestinian Territory, including East during that period, the occupation of Palestinian Jerusalem, and to the occupied Syrian Golan and to territory by Israel continued to have a detrimen- abide scrupulously by the provisions of the Conven- tion, in particular article 49; tal effect on all aspects of the living conditions of 3. Reiterates its demand for the complete cessation of the Palestinian people. Unemployment in- all Israeli settlement activities in the Occupied Pales- creased threefold and poverty rose among more tinian Territory, including East Jerusalem, and in the than two thirds of the population. Women and occupied Syrian Golan, and calls for the full imple- children bore a special and enduring burden mentation of the relevant Security Council resolu- resulting from the occupation. Under the new tions; Israeli rule, Palestinian women living in East Je- 4. Demands that Israel, the occupying Power, com- rusalem were regarded as mere residents and ply with its legal obligations, as mentioned in the advi- sory opinion rendered on 9 July 2004 by the Interna- were not allowed to give their nationality or resi- tional Court of Justice; dency to their husbands or children. Women’s re- 5. Stresses the need for full implementation of sponsibilities within households were expanded Security Council resolution 904(1994), in which, due to the death, imprisonment or unemploy- among other things, the Council called upon Israel, ment of male members. Many women were the occupying Power, to continue to take and imple- placed in the position of being a primary house- ment measures, including confiscation of arms, with hold provider, caregiver and the main strategist the aim of preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guaran- for coping financially, mentally and physically tee the safety and protection of the Palestinian civilians with the new situation. The closures of roads, in the occupied territory; local curfews and numerous checkpoints pre- 6. Reiterates its calls for the prevention of all acts of vented thousands of ordinary Palestinians from violence by Israeli settlers, especially against Palestin- going to work, cultivating their fields or sending ian civilians and property, particularly in the light of their children to school. About 140 checkpoints recent developments; operated in the West Bank, and 25 to 30 others in 7. Requests the Secretary-General to report to the the Gaza Strip. Hundreds of farmers lost their in- General Assembly at its sixtieth session on the imple- mentation of the present resolution. come since they were unable to cultivate their RECORDED VOTE ON RESOLUTION 59/123: fields, and women were severely affected by the In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Argen- decline in the agricultural sector, a vital source of tina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Bar- income for the household. bados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Although the situation in the Occupied Pales- Cambodia, Canada, Cape Verde, Chile, China, Colombia, Comoros, tinian Territory made it difficult for interna- Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, tional organizations to provide direct assistance Egypt,ElSalvador,Eritrea, Estonia,Ethiopia,Fiji, Finland, France, Gabon, to Palestinian women, the UN system continued Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras,Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, to respond to their needs. The United Nations Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao Peo- Development Programme (UNDP) provided as-

YUN04—4th proofs /OF July 6 2006 484 Political and security questions sistance to Palestinian women through project ian Territory and the refugee camps, and to activities targeting female-headed rural house- provide Palestinian women with food security, holds. UNDP also provided technical and finan- psychosocial/trauma counselling, health ser- cial support as well as training for community- vices, including reproductive health, education, based women’s organizations. The United and human rights and economic empowerment. Nations Conference on Trade and Development Further opportunities should be sought to high- collaborated with Palestinian ministries to light the specific ways in which the crisis support Palestinian farmers, including women, impacted on women as compared to men so that by assisting them in marketing their surplus olive targeted actions could be taken to mitigate nega- oil. The International Labour Organization tive gender- specific impacts. The collection of (ILO) provided assistance to Palestinian women, data disaggregated by sex and studies on the including through an interregional programme impact of the crisis on women in particular areas on capacity-building for gender equality, em- should be encouraged, and the linkage between ployment promotion and poverty eradication. the ongoing crisis and the increase in domestic The World Bank incorporated gender dimen- violence could be further explored. In the sions in its activities and participated in the Secretary-General’s view, efforts should be un- Gender TaskForce in the West Bank and Gaza. In dertaken to address gender perspectives in inter- response to emergency needs, the World Bank national assistance programmes, in addition to managed $25 million in bilateral donor funds for implementing projects specifically targeting job-creation projects. One of the main selection women. criteria for emergency grants was a project’s abil- ity to benefit women. The Bank supported a ECONOMIC AND SOCIAL COUNCIL ACTION counselling centre for women in difficult circum- On 23 July [meeting 51], the Economic and Social stances, aimed at providing support, therapy, ad- Council, on the recommendation of the Commis- vocacy and vocational training services to Pales- sion on the Status of Women [E/2004/27], adopted tinian women subjected to domestic violence. resolution 2004/56 by recorded vote (49-1-3) The Bank also completed a beneficiary assess- [agenda item 14 (a)]. ment report of the second Community Develop- Situation of and assistance to Palestinian women ment Project, which found that nearly 40 per cent The Economic and Social Council, of all schools rehabilitated under the project Having considered with appreciation the report of the were girls’ or co-educational schools. Among Secretary-General, other Bank projects were construction of a girls’ Recalling the Nairobi Forward-looking Strategies for orphanage, vocational training to women under the Advancement of Women, in particular paragraph development grants and an integrated educa- 260 concerning Palestinian women and children, the tional programme for women with children. Beijing Platform for Action adopted at the Fourth World Conference on Women and the outcome of the The Secretary-General observed that the hu- twenty-third special session of the General Assembly, manitarian and socio-economic crisis in the Oc- entitled “Women 2000: gender equality, development cupied Palestinian Territory had reached un- and peace for the twenty-first century”, precedented levels. The capacity of Palestinian Recalling also its resolution 2003/42 of 22 July 2003 and other relevant United Nations resolutions, women to cope with that new situation had been Recalling further the Declaration on the Elimination declining, and the number of women dependent of Violence against Women as it concerns the protec- on emergency assistance, particularly food assist- tion of civilian populations, ance, had risen. The status and living conditions Expressing the urgent need for the resumption of ne- of Palestinian women were linked to the achieve- gotiations within the Middle East peace process on its ment of a peaceful resolution of the conflict. agreedbasis and towards the speedy achievement of a fi- There were important differences in how women nalsettlementbetweenthePalestinianandIsraelisides, and men were affected by the socio-economic and Concerned about the grave deterioration of the situa- tion of Palestinian women in the Occupied Palestinian political situation, which were apparent in such Territory, including East Jerusalem, and about the se- areas as basic social services, including education vere consequences of continuous illegal Israeli settle- and health, economic opportunities and means ments activities as well as the harsh economic condi- of livelihood. Those differences needed to be tions and other severe consequences of the continuing taken into account in research, data collection, Israeli attacks and sieges on Palestinian cities, towns, policy and strategy development, and implemen- villages and refugee camps, which has resulted in the tation and monitoring of projects on the ground. dire humanitarian crisis being faced by Palestinian women and their families, It was also important that efforts be made to in- Concerned also that the route marked out for the wall crease women’s full participation in decision- under construction by Israel, the occupying Power, in making processes at all levels. It was essential for the Occupied Palestinian Territory, including in and UN entities to operate in the Occupied Palestin- around East Jerusalem, could prejudge future negoti-

YUN04—4th proofs /OF July 6 2006 Middle East 485 ations and make the two-State solution physically im- Palestinian children possible to implement and would cause further hu- On 20 December [meeting 74], the General As- manitarian hardship to the Palestinians, in particular sembly,on the recommendation of the Third (So- women and children, Expressing its condemnation of all acts of violence, in- cial, Humanitarian and Cultural) Committee cluding all acts of terror, provocation, incitement and [A/59/499],adoptedresolution59/173byrecorded destruction, especially the excessive use of force vote (117-5-62) [agenda item 101]. against Palestinian civilians, many of them women and The situation of and assistance to Palestinian children children, resulting in injury and loss of human life, 1. Calls upon the concerned parties, as well as the The General Assembly, international community, to exert all the efforts neces- Recalling the Convention on the Rights of the Child, sary to ensure the immediate resumption of the peace Bearing in mind the conclusion by the International process on its agreed basis, taking into account the Court of Justice, in its advisory opinion of 9 July 2004, common ground already gained, and calls for meas- that the Convention on the Rights of the Child is appli- ures for tangible improvement of the difficult situa- cable within the Occupied Palestinian Territory, tion on the ground and the living conditions faced by Recalling the World Declaration on the Survival, Pro- Palestinian women and their families; tection and Development of Children and the Plan of 2. Reaffirms that the Israeli occupation remains a Action for Implementing the World Declaration on the major obstacle for Palestinian women with regard to Survival, Protection and Development of Children in their advancement, self-reliance and integration in the the 1990s adopted by the World Summit for Children, development planning of their society; held in New York on 29 and 30 September 1990, 3. Demands that Israel, the occupying Power, com- Recalling also the Declaration and Plan of Action ply fully with the provisions and principles of the Uni- adopted by the General Assembly at its twenty-seventh versal Declaration of Human Rights, the Regulations special session, annexed to The Hague Convention IV, of 18 October Recalling further the relevant provisions of the Inter- 1907 and the Geneva Convention relative to the Protec- national Covenant on Economic, Social and Cultural tion of Civilian Persons in Time of War, of 12 August Rights, 1949, in order to protect the rights of Palestinian Noting with grave concern that the Palestinian chil- women and their families; dren under Israeli occupation remain deprived of 4. Calls upon Israel to facilitate the return of all ref- many basic rights under the Convention on the Rights ugees and displaced Palestinian women and children of the Child, to their homes and properties, in compliance with the Concerned about the continued grave deterioration relevant United Nations resolutions; of the situation of Palestinian children in the Occu- 5. Calls upon the international community to con- pied Palestinian Territory, including East Jerusalem, tinue to provide urgently needed assistance and serv- the severely detrimental impact of the continuing ices in an effort to alleviate the dire humanitarian cri- Israeli assaults and sieges on Palestinian cities, towns, sis being faced by Palestinian women and their families villages and refugee camps, and the continuing dire and to help in the reconstruction of relevant Palestin- humanitarian crisis on the safety and well-being of Pal- ian institutions; estinian children, 6. Requests the Commission on the Status of Concerned also about the severely detrimental impact Womentocontinuetomonitorandtakeactionwith being caused by the unlawful construction of the wall regard to the implementation of the Nairobi Forward- by Israel, the occupying Power, in the Occupied Pales- looking Strategies for the Advancement of Women, in tinian Territory, including in and around East Jerusa- particular paragraph 260 concerning Palestinian lem, and its associated regime, on the socio-economic women and children, the Beijing Platform for Action conditions of Palestinian children and their families and the outcome of the twenty-third special session of and on the enjoyment by Palestinian children of their the General Assembly, entitled “Women 2000: gender right to education, to an adequate standard of living, equality, development and peace for the twenty-first including adequate food, clothing and housing, to century”; health and to be free from hunger, in accordance with 7. Requests the Secretary-General to continue to re- the Convention on the Rights of the Child and the In- view the situation and to assist Palestinian women by ternational Covenant on Economic, Social and Cul- all available means, including those set out in his re- tural Rights, port, and to submit to the Commission on the Status of Emphasizing the importance of the safety and well- Women at its forty-ninth session a report, including in- being of all children in the whole Middle East region, formation provided by the Economic and Social Com- Expressing its condemnation of all acts of violence, re- mission for Western Asia, on the progress made in the sulting in extensive loss of human life and injuries, in- implementation of the present resolution. cluding among Palestinian children, RECORDED VOTE ON RESOLUTION 2004/56: Deeply concerned about the negative consequences, In favour: Armenia, Azerbaijan, Bangladesh, Belgium, Belize, Benin, including psychological consequences, of the Israeli Bhutan, Burundi, Chile, China, Colombia, Congo, Cuba, Ecuador, Fin- military actions for the present and future well-being land,France,Germany,Ghana,Greece, Guatemala,Hungary,India,Indo- nesia,Ireland,Italy,Jamaica, Japan,Kenya, LibyanArabJamahiriya, Ma- of Palestinian children, laysia, Mauritius, Mozambique, Namibia, Nigeria, Panama, Poland, 1. Stresses the urgent need for Palestinian children Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, to live a normal life free from foreign occupation, de- Sweden, Tunisia, Turkey, Ukraine, United Arab Emirates, United King- struction and fear in their own State; dom, United Republic of Tanzania, Zimbabwe. Against: United States. 2. Demands, in the meanwhile, that Israel, the occu- Abstaining: Australia, Canada, Nicaragua. pying Power, respect relevant provisions of the Con-

YUN04—4th proofs /OF July 6 2006 486 Political and security questions vention on the Rights of the Child and comply fully the Secretariat to continue its activities to pro- with the provisions of the Geneva Convention relative mote and raise awareness of Palestinian rights. to the Protection of Civilian Persons in Time of War, In observance of the International Day of Soli- of 12 August 1949, in order to ensure the well-being and protection of Palestinian children and their fami- darity with the Palestinian People, celebrated an- lies; nually on 29 November in accordance with As- 3. Calls upon the international community to pro- sembly resolution 32/40 B [YUN 1977, p. 304], the vide urgently needed assistance and services in an Committee held a solemn meeting. The Perma- effort to alleviate the dire humanitarian crisis being nent Observer Mission of Palestine, under the faced by Palestinian children and their families and to Committee’s auspices, presented an exhibit help in the reconstruction of relevant Palestinian insti- entitled “Steadfast in Palestine”. tutions. Report of Secretary-General. In a November RECORDED VOTE ON RESOLUTION 59/173: report on the peaceful settlement of the question In favour: Afghanistan, Algeria, Angola, Antigua and Barbuda, Argen- tina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, of Palestine [A/59/574-S/2004/909], submitted in re- Belarus, Belize, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, sponse to Assembly resolution 58/21 [YUN 2003, Burkina Faso, Burundi, Cambodia, Cape Verde, Chad, Chile, China, Comoros, Costa Rica, Côte d’Ivoire, Cuba, Democratic People’s Republic p. 497], the Secretary-General made observations of Korea, Democratic Republic of the Congo, Djibouti, Dominica, Domini- on the Middle East peace process (see also can Republic, Ecuador, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Hon- p. 453). On 12 April, the Secretary-General duras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, sought the positions of Egypt, Israel, Jordan, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Le- sotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Lebanon, the Syrian Arab Republic and the Per- Maldives, Mali, Mauritania, Mauritius, Mongolia, Morocco, Mozam- manent Observer of Palestine regarding steps bique, Myanmar, Namibia, Nauru, Nepal, Niger, Nigeria, Oman, Paki- stan, Panama, Paraguay, Philippines, Qatar, Russian Federation, Saint taken to implement the resolution. As at 17 Sep- Lucia, Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi tember, Israel, Syria and the Permanent Ob- Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Somalia, South server had responded. Africa, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Israel said that it viewed the resolution as un- Turkmenistan, Uganda, United Arab Emirates, United Republic of Tanza- nia, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. balanced and as an undue interference in matters Against: Israel, Marshall Islands, Micronesia, Palau, United States. which the parties had agreed to resolve within the Abstaining: Albania, Andorra, Australia, Austria, Belgium, Benin, context of direct bilateral negotiations. The vio- Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Colombia, Croatia, Cyprus, Czech Republic, Denmark, El Salvador, Estonia, Finland, lence in the region was a result of a Palestinian France, Georgia, Germany, Greece, Guatemala, Haiti, Hungary, Iceland, decision to abandon peace negotiations and pur- Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,Mexico, Monaco,Netherlands, NewZealand, Norway,PapuaNew sue their goals through violence and terrorism. Guinea, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, The one-sided approach of the resolution, which Romania, Samoa, San Marino, Serbia and Montenegro, Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Switzerland, The former Yu- sought to dictate the outcome of the negotiating goslav Republic of Macedonia, Tonga,Tuvalu,Ukraine, United Kingdom, process, effectively rewarded violence at a time Uruguay, Vanuatu. when the Palestinian side should discontinue such acts and boldly pursue peaceful dialogue. Syria affirmed that Israel’s determination to Issues related to Palestine continue its expansionist policy inside Palestin- ian territory, especially while it was building the separation wall, and its non-compliance with Assembly resolutions, were blatant examples of General aspects its illegitimate actions and a denial of the princi- The General Assembly again considered the ple of equal and inalienable rights and self- question of Palestine in 2004. Having discussed determination of peoples. the annual report of the Committee on the Exer- The Permanent Observer said that Israel’s cise of the Inalienable Rights of the Palestinian withdrawal from Palestinian territory was a fun- People (Committee on Palestinian Rights) [A/59/ damental requisite for solving the question of 35], the Assembly adopted five resolutions, reaf- Palestine and achieving a peaceful settlement of firming, among other things, the necessity of the Israeli-Palestinian conflict, based on the two- achieving a peaceful settlement of the Palestine State solution. Israel’s settler policy and its con- question—the core of the Arab-Israeli conflict— struction of the wall in the Occupied Palestinian and stressing the need for the realization of the Territory, including East Jerusalem, were the an- inalienable rights of the Palestinians, primarily tithesis of withdrawal and actually constituted the right to self-determination, for Israeli with- the main obstacle to the realization of the na- drawal from the Palestinian territory occupied tional rights of the Palestinian people and the since 1967 and for resolving the problem of the achievement of the two-State solution. Without Palestine refugees. The Assembly also affirmed the complete cessation and reversal of all settle- that the status of the Palestinian territory re- ment activities and of the construction of the mained one of military occupation. It called on wall, there could be no hope for the road map and

YUN04—4th proofs /OF July 6 2006 Middle East 487 for a peaceful settlement. The international com- engagement plan without accompanying meas- munity had to face that reality and take the ures to ease closure, unemployment and poverty necessary measures to reach that result. would continue to soar among Palestinians. The The Secretary-General, summarizing develop- Secretary-General called on the international ments during the year, observed that the rising community to provide the resources necessary number of deaths and violence in the Middle to support UN programmes in addressing the East were evidence of the lack of progress in ad- deteriorating economic and humanitarian situa- vancing the peace process. In general, both par- tion of the Palestinian people. ties had not lived up to their road map obliga- tions. On the economic front, the picture GENERAL ASSEMBLY ACTION remained grim. The Palestinian economy was in On 1 December [meeting 64], the General As- tatters and stood little chance of recovery unless sembly adopted resolution 59/31 [draft: A/59/L.37 immediate action was taken. Forty-seven per cent & Add.1] by recorded vote (161-7-10) [agenda item 37]. of the Palestinian population lived in poverty. Peaceful settlement of the question of Palestine Unemployment among Palestinians stood at 34.3 The General Assembly, per cent, or 28.6 per cent at the ILO-adjusted rate, Recalling its relevant resolutions, including those which excluded discouraged workers. UNRWA adopted at the tenth emergency special session, and the World Food Programme were providing Recalling also its resolution 58/292 of 6 May 2004, food to 39 per cent of the Palestinian population Recalling further the relevant Security Council reso- in the occupied territory. The economic crisis, ac- lutions, including resolutions 242(1967) of 22 Novem- cording to the World Bank, was contributing to ber 1967, 338(1973) of 22 October 1973, 1397(2002) of the impoverishment of an entire generation of 12 March 2002, 1515(2003) of 19 November 2003 and 1544(2004) of 19 May 2004, young Palestinians, as well as to the undermining Welcoming the affirmation by the Security Council of of the credibility of the PA, and, inevitably, it was the vision of a region where two States, Israel and Pal- increasing the popular appeal of militant fac- estine, live side by side within secure and recognized tions. The primary cause of that crisis was the clo- borders, sure regime imposed by Israel and, without a sig- Noting with concern that it has been fifty-seven years nificant change in that regime, the Palestinian since the adoption of resolution 181(II) of 29 Novem- economy would not be revived. According to the ber 1947 and thirty-seven years since the occupation of World Bank, Israel’s disengagement plan would Palestinian territory, including East Jerusalem, in 19 67, have limited impact on the Palestinian economy Having considered the report of the Secretary- if it were not accompanied by a radical easing of General submitted pursuant to the request made in its closure that encompassed three elements: the re- resolution 58/21 of 3 December 2003, moval of internal obstacles to movement in the Reaffirming the permanent responsibility of the West Bank; the opening of Palestinian external United Nations with regard to the question of Pales- borders to commodity trade; and a return to a tine until the question is resolved in all its aspects in ac- reasonable flow of Palestinian labour into Israel. cordance with international law, If those conditions were met, additional donor Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal money could be raised, but donors needed some Consequences of the Construction of a Wall in the Occupied assurance that their contributions would have an Palestinian Territory , and recalling also its resolution impact. Aid would be provided in the context of ES-10/15 of 20 July 2004, a successful comprehensive Israeli withdrawal Convinced that achieving a final and peaceful settle- from the Gaza Strip and the northern West Bank, ment of the question of Palestine, the core of the Arab- as a first step in the implementation of the road Israeli conflict, is imperative for the attainment of map. comprehensive and lasting peace and stability in the Middle East, The Secretary-General said that it was particu- Aware that the principle of equal rights and self- larly disquieting that Israel had announced its in- determination of peoples is among the purposes and tention to phase out completely Palestinian em- principles enshrined in the Charter of the United ployment inside Israel by 2008. The number of Nations, Palestinians employed in Israel had decreased Affirming the principle of the inadmissibility of the significantly since September 2000, and the Pal- acquisition of territory by war, estinian economy was dependent on the Israeli Recalling its resolution 2625(XXV) of 24 October economy, not only for employment but also for 1970 , Reaffirming the illegality of the Israeli settlements raw materials and trade. A revival of the Palestin- in the territory occupied since 1967 and of Israeli ac- ian economy in the short term depended on a re- tions aimed at changing the status of Jerusalem, turn to reasonable levels of Palestinian employ- Reaffirming also that the construction by Israel, the ment in Israel. Should Israel insist on ending occupying Power, of a wall in the Occupied Palestinian Palestinian employment and implement the dis- Territory, including in and around East Jerusalem,

YUN04—4th proofs /OF July 6 2006 488 Political and security questions

and its associated regime, are contrary to international Taking note of the findings by the International law, Court of Justice, in its advisory opinion, including on Affirming once again the right of all States in the re- the urgent necessity for the United Nations as a whole gion to live in peace within secure and internationally to redouble its efforts to bring the Israeli-Palestinian recognized borders, conflict, which continues to pose a threat to interna- Recalling the mutual recognition between the Gov- tional peace and security, to a speedy conclusion, ernment of the State of Israel and the Palestine Libera- thereby establishing a just and lasting peace in the re- tion Organization, the representative of the Palestin- gion, ian people, and the agreements concluded between the 1. Reaffirms the necessity of achieving a peaceful two sides, and the need for full compliance with those settlement of the question of Palestine, the core of the agreements, Arab-Israeli conflict, in all its aspects, and of intensify- Recalling also the endorsement by the Security ing all efforts towards that end; Council, in resolution 1515(2003), of the Quartet road 2. Reaffirms its full support for the Middle East peace map to a permanent two-State solution to the Israeli- process, which began in Madrid, and the existing Palestinian conflict, and stressing the urgent need for agreements between the Israeli and Palestinian sides, its implementation and compliance with its provisions, stresses the necessity for the establishment of a com- Noting the establishment of the Palestinian Author- prehensive, just and lasting peace in the Middle East, ity, and recognizing the urgent need to rebuild, reform and welcomes in this regard the ongoing efforts of the and strengthen its damaged institutions, Quartet; Welcoming the contribution to the peace process of 3. Welcomes the Arab Peace Initiative adopted by the the United Nations Special Coordinator for the Mid- Council of the League of Arab States at its fourteenth dle East Peace Process and Personal Representative of session, held in Beirut on 27 and 28 March 2002; the Secretary-General to the Palestine Liberation Or- 4. Calls upon both parties to fulfil their obligations ganization and the Palestinian Authority, including in in implementation of the road map by taking parallel the framework of the activities of the Quartet, and reciprocal steps in this regard, and stresses the im- portance and urgency of establishing a credible and Welcoming also the convening of international donor effective third-party monitoring mechanism including meetings, as well as the establishment of international all members of the Quartet; mechanisms to provide assistance to the Palestinian 5. Stresses the need for a speedy end to the reoccu- people, pation of Palestinian population centres and for the Expressing its grave concern over the tragic events in complete cessation of all acts of violence, including the Occupied Palestinian Territory, including East Je- military attacks, destruction and acts of terror; rusalem, since 28 September 2000 and the continuing 6. Calls upon the parties, with the support of the deterioration of the situation, including the rising Quartet and other interested parties, to exert all number of deaths and injuries, mostly among Palestin- efforts necessary to halt the deterioration of the situa- ian civilians, the deepening humanitarian crisis facing tion, to reverse all measures taken on the ground since the Palestinian people and the widespread destruction 28 September 2000 and to facilitate a speedy resump- of Palestinian property and infrastructure, both tion of the peace process and the conclusion of a final private and public, including institutions of the Pales- peaceful settlement; tinian Authority, 7. Demands that Israel, the occupying Power, com- Expressing its grave concern also over the repeated mil- ply with its legal obligations, as mentioned in the advi- itary actions in the Occupied Palestinian Territory and sory opinion, and calls upon all States Members of the the reoccupation of Palestinian population centres by United Nations to comply with their legal obligations the Israeli occupying forces, as mentioned in the advisory opinion; Emphasizing the importance of the safety and well- 8. Reaffirms its commitment, in accordance with in- being of all civilians in the whole Middle East region, ternational law, to the two-State solution of Israel and and condemning all acts of violence and terror against Palestine, living side by side in peace and security civilians on both sides, including the suicide bomb- within recognized borders, based on the pre-1967 bor- ings, the extrajudicial executions and the excessive use ders; of force, 9. Reiterates its demand for the complete cessation of Gravely concerned over the increased suffering and all Israeli settlement activities in the Occupied Pales- casualties on both the Palestinian and Israeli sides, the tinian Territory, including East Jerusalem, and in the loss of confidence on both sides and the dire situation occupied Syrian Golan, and calls for the implementa- facing the Middle East peace process, tion of the relevant Security Council resolutions; Aware of the urgent need for revitalized and active 10. Stresses the need for: international involvement to support both parties in (a) The withdrawal of Israel from the Palestinian overcoming the current dangerous impasse in the territory occupied since 1967; peace process, (b) The realization of the inalienable rights of the Affirming the urgent need for the parties to co- Palestinian people, primarily the right to self- operate with all international efforts, including the determination and the right to their independent efforts of the Quartet, to end the current tragic situa- State; tion and to resume and accelerate negotiations towards 11. Also stresses the need for resolving the problem of a final peace settlement, the Palestine refugees in conformity with its resolu- Welcoming the initiatives and efforts undertaken by tion 194(III) of 11 December 1948; civil society in pursuit of a peaceful settlement of the 12. Urges Member States to expedite the provision question of Palestine, of economic, humanitarian and technical assistance to

YUN04—4th proofs /OF July 6 2006 Middle East 489 the Palestinian people and the Palestinian Authority Reaffirming the principle of the inadmissibility of during this critical period to help to alleviate the suf- the acquisition of territory by force, fering of the Palestinian people, rebuild the Palestin- Noting that Palestine, in its capacity as observer and ian economy and infrastructure and support the re- pending its attainment of full membership in the structuring and reform of Palestinian institutions; United Nations, does not present credentials to the 13 . Requests the Secretary-General to continue his General Assembly, efforts with the parties concerned, and in consultation Affirming the need to enable the Palestinian people with the Security Council, towards the attainment of a to exercise sovereignty and to achieve independence in peaceful settlement of the question of Palestine and their State, Palestine, the promotion of peace in the region and to submit to 1. Affirms that the status of the Palestinian territory the General Assembly at its sixtieth session a report on occupied since 1967, including East Jerusalem, re- these efforts and on developments on this matter. mains one of military occupation, and affirms, in ac- RECORDED VOTE ON RESOLUTION 59/31: cordance with the rules and principles of international In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Argentina, law and relevant resolutions of the United Nations, in- Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barba- cluding Security Council resolutions, that the Palestin- dos, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herze- ian people have the right to self-determination and to govina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, sovereignty over their territory and that Israel, the oc- Burundi, Cambodia, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Congo, Costa Rica, Côte d’Ivoire, Croatia, Cuba, cupying Power, has only the duties and obligations of Cyprus, Czech Republic, Democratic People’s Republic of Korea, Den- an occupying Power under the Geneva Convention rel- mark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salva- ative to the Protection of Civilian Persons in Time of dor, Eritrea, Estonia, Fiji, Finland, France, Gabon, Gambia, Georgia, Ger- many, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, War, of 12 August 1949 and the Regulations annexed Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Ja- to the Hague Convention respecting the Laws and Cus- pan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Dem- toms of War on Land of 1907; ocratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab 2. Expresses its determination to contribute to the Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malay- sia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mon- achievement of the inalienable rights of the Palestin- golia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, ian people and the attainment of a just and compre- New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Pan- hensive negotiated peace settlement in the Middle East ama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, resulting in two viable, sovereign and independent Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, States, Israel and Palestine, based on the pre-1967 bor- Serbia and Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, ders and living side by side in peace and security. Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, RECORDED VOTE ON RESOLUTION 58/292: Sweden,Switzerland,SyrianArabRepublic,Tajikistan,Thailand,Thefor- mer Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and In favour: Algeria, Andorra, Antigua and Barbuda, Argentina, Armenia, Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Belgium, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Belize, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Against: Australia, Grenada, Israel, Marshall Islands, Micronesia, Central African Republic, Chile, China, Colombia, Comoros, Congo, Palau, United States. Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Abstaining: Cameroon, Haiti, Honduras, Nauru, Papua New Guinea, Korea, Denmark, Djibouti, Dominica, Ecuador, Egypt, Eritrea, Estonia, Samoa, Solomon Islands, Tonga, Uganda, Vanuatu. Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Ice- land, India, Indonesia, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Ka- By decision 59/552 of 23 December, the As- zakhstan, Kenya, Kuwait, Lao People’s Democratic Republic, Latvia, Leb- anon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, sembly decided that the agenda items entitled Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Mo- “The situation in the Middle East” and “Ques- naco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Par- tion of Palestine” would remain for consideration aguay, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic during its resumed fifty-ninth (2005) session. ofMoldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and theGrenadines, SanMarino,SaudiArabia,Senegal, Sierra Leone, Singa- pore, Slovakia, Slovenia, Somalia, SouthAfrica, Spain, Sri Lanka, Sudan, Status of the Occupied Palestinian Territory Sweden,Switzerland,SyrianArabRepublic,Tajikistan,Thailand,Thefor- mer Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and On 6 May [meeting 87], the General Assembly Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, adopted resolution 58/292 [draft: A/58/L.61/Rev.1] Yemen, Zambia. by recorded vote (140-6-11) [agenda item 38]. Against: Israel, Marshall Islands, Micronesia, Nauru, Palau, United States. Status of the Occupied Palestinian Territory, Abstaining: Australia, Costa Rica, Dominican Republic, Guatemala, Honduras, Nicaragua, Peru, Serbia and Montenegro, Solomon Islands, including East Jerusalem Tonga, Tuvalu. The General Assembly, Recalling its resolutions 3237(XXIX) of 22 Novem- Speaking after the vote, Israel said it objected ber 1974, 43/177 of 15 December 1988 and 52/250 of to the resolution because of what it ignored and 7 July 1998, what it misrepresented, and because the motive Recalling also Security Council resolutions 242(1967) of its primary sponsor in submitting the text was of 22 November 1967, 338(1973) of 22 October 1973, to undermine and prejudge the negotiating pro- 1397(2002) of 12 March 2002 and 1515(2003) of 19 No- vember 2003, cess, not to further it. The resolution ignored the Recalling further the relevant provisions of interna- Quartet statement made on 4 May (see p. 460) tional law, as well as relevant United Nations resolu- and violated the central tenet of the peace pro- tions, with regard to Israeli settlements and to Occu- cess, reiterated in the Quartet statement, which pied East Jerusalem, was to avoid prejudging the outcome of negotia-

YUN04—4th proofs /OF July 6 2006 490 Political and security questions tions. The resolution also misrepresented reality, the numbers of those killed and wounded and re- for it was a matter of fact and of law that the 1949 sulting in the devastation of Palestinian cities and Armistice Lines (the wording in the draft text was communities. The Committee was deeply trou- changed in operative paragraph 2 to read “pre- bled by the disproportionate and indiscriminate 1967 borders”, replacing “1949 Armistice Lines”) use of force by the Israeli army and the practice of had never represented borders, as the resolution collective punishment. The expansion of settle- could be taken to imply. ments and outposts and the construction of the The Permanent Observer of Palestine said that wall in the West Bank continued at a brisk pace, the resolution reaffirmed basic issues, including along with the demolition of houses, confiscation the status of the Palestinian territory occupied of Palestinian property and unprecedented re- since 1967, including East Jerusalem, as territory strictions of movement. The number of Palestin- under military occupation. It also reaffirmed ians killed, in the four years of the intifada (upris- that the Palestinian people had the right to self- ing), reached a total of over 3,700, with some determination and to exercise sovereignty over 35,700 injured. The Committee remained con- their territory. Moreover, the resolution af- cerned over Israeli military operations in densely firmed that Israel, the occupying Power, needed populated residential areas in the Occupied Pal- to comply with its duties and obligations under estinian Territory, especially the Gaza Strip. the Fourth Geneva Convention and the Fourth Since the start of the intifada, more than 65,998 Hague Convention. Those were all important Palestinian buildings, including homes, were de- matters that pertained to the core of the conflict stroyed or damaged. The Israeli army intensified and to the foundation of rights of the Palestinian extrajudicial killings, a policy the Committee had people. repeatedly condemned as inadmissible under in- ternational humanitarian law. At the same time, Committee on Palestinian Rights it strongly condemned all terrorist attacks against As mandated by General Assembly resolution civilians in Israel, which also could not be justi- 58/18 [YUN 2003, p. 500], the Committee on the Ex- fied. In addition, the Committee condemned Is- ercise of the Inalienable Rights of the Palestinian rael’s continued siege on PA President Arafat in People reviewed the situation relating to the Pal- Ramallah, preventing him for almost three years estine question, reported on it and made sugges- from properly carrying out his duties. A worsen- tions to the Assembly and the Security Council. ing fiscal crisis likewise affected the PA’s effective- The Committee followed the Palestine-related ness in delivering core services to the population. activities of intergovernmental bodies, such as Despite a financial gap of $890 million for 2004, the African Union, the Non-Aligned Movement it managed to provide for basic needs, including and the Organization of the Islamic Conference, education, health, water, electricity and sewer- and, through its Chairman, participated in meet- age, although the standards of those services had ings of those bodies. In June, the Committee’s declined. Efforts were made by the PA to intro- Bureau held consultations with EU representa- duce reforms in the finance and public adminis- tives to build a constructive relationship on issues tration areas. Security services members began of common concern. Throughout the year, the receiving their salaries through bank accounts, Committee held a number of international replacing payment in person. The PA announced events, including the United Nations Interna- in August that simultaneous presidential, parlia- tional Meeting on the Impact of the Construction mentary and municipal elections would be held of the Wall in the Occupied Palestinian Terri- by spring 2005, though the Palestinian Central tory, including in and around East Jerusalem Elections Committee expressed concern about (Geneva, 15-16 April); the United Nations Afri- the registration of voters, given the curfews and can Meeting in Support of the Inalienable Rights Israeli military incursions. of the Palestinian People (Cape Town, South Af- rica, 29-30 June); the United Nations Forum of The Committee noted with growing concern Civil Society in Support of Middle East Peace that Israel continued the expansion of settle- (Cape Town, 1 July); and the United Nations In- ments, in violation of its obligation under the ternational Conference of Civil Society in road map. Based on a June survey, settlement ex- Support of the Palestinian People (New York, 13- pansion was under way at 73 of 211 settlement lo- 14 September). cations, including 12 of the 21 settlements in the In its annual report to the Assembly [A/59/35] Gaza Strip. In and around East Jerusalem, settle- covering the period from 10 October 2003 to ment activity proceeded at a rate unmatched 6 October 2004, the Committee said that the un- since 1992. The total area of expansion was close remitting Israeli military incursions in areas to 500,000 square metres and included land de- under Palestinian control continued, increasing velopment for settlement, new infrastructure,

YUN04—4th proofs /OF July 6 2006 Middle East 491 construction within the settlements, internal November 1974, 3375(XXX) and 3376(XXX) of 10 No- road works and the placement of new caravans. vember 1975, 31/20 of 24 November 1976 and all The construction by Israel of the wall in the subsequent relevant resolutions, including those adopted by the General Assembly at its emergency spe- Occupied Palestinian Territory,including in and cial sessions and resolution 58/18 of 3 December 2003, around East Jerusalem, caused great hardship to Recalling also its resolution 58/292 of 6 May 2004, the Palestinians. Some 875,000 Palestinians in Having considered the report of the Committee on the West Bank, 38 per cent of the population, had the Exercise of the Inalienable Rights of the Palestin- been affected by the wall. Some 263,200 living in ian People, 81 localities had become isolated. The wall cre- Recalling the mutual recognition between the Gov- ated a fait accompli that could become perma- ernment of the State of Israel and the Palestine Libera- nent and lead to the de facto annexation of Pales- tion Organization, the representative of the Palestin- tinian land. The Committee welcomed the ian people, as well as the existing agreements between advisory opinion of ICJ, in which the Court deter- the two sides and the need for full compliance with mined, among other things, that Israel was under those agreements, an obligation to cease the construction and to dis- Recalling also the Quartet road map to a permanent mantle portions built on Palestinian land (see two-State solution to the Israeli-Palestinian conflict, p. 465). On 30 June, the Israeli High Court of Recalling further the advisory opinion rendered on Justice ordered changes in the trajectory of the 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Oc- wall along a 30-kilometre segment north of Jeru- cupied Palestinian Territory , and recalling also its resolu- salem, stating that the separation from their agri- tion ES-10/15 of 20 July 2004, cultural land injured local inhabitants in a severe Reaffirming that the United Nations has a perma- and acute way. In response to the ruling, the nent responsibility towards the question of Palestine Israeli Defence Ministry presented changes in until the question is resolved in all its aspects in a satis- the route of the wall south of Hebron, which factory manner in accordance with international legit- would be closer to the Armistice Line of 1949 imacy, (known as the Green Line). However, 15 square 1. Expresses its appreciation to the Committee on the kilometres of Palestinian land remained on the Exercise of the Inalienable Rights of the Palestinian Israeli side of the wall. The system of curfews and People for its efforts in performing the tasks assigned to it by the General Assembly, and takes note of its an- closures imposed by Israel, which severely re- nual report, including the conclusions and recommen- stricted the movement of Palestinian people, dations contained in chapter VII thereof; goods and services, remained the central impedi- 2. Requests the Committee to continue to exert all ment to economic stabilization and recovery. efforts to promote the realization of the inalienable The Committee maintained that the continu- rights of the Palestinian people, to support the Middle ing Israeli occupation remained at the core of the East peace process and to mobilize international Israeli-Palestinian conflict and that a negotiated support for and assistance to the Palestinian people, solution that would end the occupation and en- and authorizes the Committee to make such adjust- ments in its approved programme of work as it may able the Palestinian people to exercise its inalien- consider appropriate and necessary in the light of de- able rights was urgently needed. In its view, the velopments and to report thereon to the General As- road map remained the best way to achieve a sembly at its sixtieth session and thereafter; comprehensive, just and lasting solution through 3. Also requests the Committee to continue to keep the establishment of two States, Israel and Pales- under review the situation relating to the question of tine, based on the 1967 borders. Any unilateral Palestine and to report and make suggestions to the moves by either party would not contribute to a General Assembly, the Security Council or the durable settlement unless they were based on ne- Secretary-General, as appropriate; gotiations between the two sides and were part of 4. Further requests the Committee to continue to ex- the implementation of the road map. The exist- tend its cooperation and support to Palestinian and ence of the wall rendered the vision of a two-State other civil society organizations in order to mobilize in- ternational solidarity and support for the achievement solution almost impossible. by the Palestinian people of its inalienable rights and for a peaceful settlement of the question of Palestine, GENERAL ASSEMBLY ACTION and to involve additional civil society organizations in On 1 December [meeting 64], the General As- its work; sembly adopted resolution 59/28 [draft: A/59/L.34 5. Requests the United Nations Conciliation Com- & Add.1] by recorded vote (104-7-63) [agenda item 37]. mission for Palestine, established under General As- sembly resolution 194(III), and other United Nations Committee on the Exercise of the Inalienable bodies associated with the question of Palestine to con- Rights of the Palestinian People tinue to cooperate fully with the Committee and to The General Assembly, make available to it, at its request, the relevant infor- Recalling its resolutions 181(II) of 29 November mation and documentation which they have at their 1947, 194(III) of 11 December 1948, 3236(XXIX) of 22 disposal;

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6. Invites all Governments and organizations to ex- Question of Palestine and the graphic enhance- tend their cooperation to the Committee in the per- ment of the “Question of Palestine” website. It formance of its tasks; requested that the annual training programme 7. Requests the Secretary-General to circulate the re- for PA staff be continued. port of the Committee to all the competent bodies of the United Nations, and urges them to take the neces- sary action, as appropriate; GENERAL ASSEMBLY ACTION 8. Also requests the Secretary-General to continue to On 1 December [meeting 64], the General As- provide the Committee with all the necessary facilities sembly adopted resolution 59/29 [draft: A/59/L.35 for the performance of its tasks. & Add.1] by recorded vote (103-8-64) [agenda item 37]. RECORDED VOTE ON RESOLUTION 59/28: Division for Palestinian Rights of the Secretariat In favour: Afghanistan, Algeria, Argentina, Armenia, Azerbaijan, Baha- mas, Bahrain, Bangladesh, Belarus, Belize, Benin, Bhutan, Bolivia, Bo- The General Assembly, tswana,Brazil,BruneiDarussalam,BurkinaFaso,Cambodia,CapeVerde, Having considered the report of the Committee on Central African Republic, Chile, China, Colombia, Congo, Côte d’Ivoire, the Exercise of the Inalienable Rights of the Palestin- Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Domi- nica, Ecuador, Egypt, El Salvador, Eritrea, Ethiopia, Fiji, Gabon, Gambia, ian People, Ghana, Guinea, Guinea-Bissau, Guyana, India, Indonesia, Iran, Iraq, Ja- Taking note in particular of the relevant information maica, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People’s Demo- contained in chapter V.B of that report, cratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Recalling its resolution 32/40 B of 2 December 1977 Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Morocco, Mozambique, Myanmar, Namibia, Nepal, Niger, Nige- and all subsequent relevant resolutions, including res- ria, Oman, Pakistan, Panama, Paraguay, Philippines, Qatar, Saint Lucia, olution 58/19 of 3 December 2003, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Si- 1. Notes with appreciation the action taken by the erra Leone, Singapore, Somalia, South Africa, Sri Lanka, Sudan, Suri- name, Syrian Arab Republic, Tajikistan,Togo,Trinidad and Tobago,Tuni- Secretary-General in compliance with its resolution sia, Turkey, Turkmenistan, United Arab Emirates, United Republic of 58/19; Tanzania,Uzbekistan,Venezuela,VietNam,Yemen,Zambia,Zimbabwe. 2. Considers that the Division for Palestinian Rights Against: Australia, Canada, Israel, Marshall Islands, Micronesia, Palau, of the Secretariat continues to make a useful and con- United States. Abstaining: Albania, Andorra, Austria, Belgium, Bosnia and Herze- structive contribution; govina, Bulgaria, Burundi, Cameroon, Costa Rica, Croatia, Czech Repub- 3. Requests the Secretary-General to continue to lic, Denmark, Dominican Republic, Estonia, Finland, France, Georgia, provide the Division with the necessary resources and Germany, Greece, Guatemala, Haiti, Honduras, Hungary, Iceland, Ire- land, Italy, Japan, Kenya, Latvia, Liechtenstein, Lithuania, Luxembourg, to ensure that it continues to carry out its programme Monaco, Nauru, Netherlands, New Zealand, Nicaragua, Norway, Papua of work as detailed in the relevant earlier resolutions, New Guinea, Peru, Poland, Portugal, Republic of Korea, Republic of in consultation with the Committee on the Exercise of Moldova, Romania, Russian Federation, Samoa, San Marino, Serbia and the Inalienable Rights of the Palestinian People and Montenegro,Slovakia, Slovenia, SolomonIslands,Spain,Sweden,Swit- zerland, Thailand, The former Yugoslav Republic of Macedonia, Tonga, under its guidance, including, in particular, the organ- Uganda, Ukraine, United Kingdom, Uruguay, Vanuatu. ization of meetings in various regions with the partici- pation of all sectors of the international community, Division for Palestinian Rights the further development and expansion of the docu- ments collection of the United Nations Information Under the guidance of the Committee on Pal- System on the Question of Palestine, the preparation estinian Rights, the Division for Palestinian and widest possible dissemination of publications and Rights of the UN Secretariat continued to re- information materials on various aspects of the ques- search, monitor, prepare studies, and collect and tion of Palestine and the provision of the annual train- disseminate information on all issues related to ing programme for staff of the Palestinian Authority; 4. Also requests the Secretary-General to ensure the the Palestine question. The Division responded continued cooperation of the Department of Public In- to requests for information and issued the follow- formation and other units of the Secretariat in en- ing publications: a monthly bulletin covering abling the Division to perform its tasks and in covering action by the United Nations and intergovern- adequately the various aspects of the question of Pales- mental organizations on the issue of Palestine; a tine; monthly chronology of events relating to the 5. Invites all Governments and organizations to ex- question of Palestine, based on media reports tend their cooperation to the Division in the perform- and other sources; reports of meetings organized ance of its tasks; 6. Requests the Committee and the Division, as part under the auspices of the Committee; a special of the observance of the International Day of Solidar- bulletin on the observance of the International ity with the Palestinian People on 29 November, to Day of Solidarity with the Palestinian People (29 continue to organize an annual exhibit on Palestinian November); periodic reviews of developments re- rights or a cultural event in cooperation with the Per- lating to Middle East peace efforts; and an an- manent Observer Mission of Palestine to the United nual compilation of relevant General Assembly Nations, and encourages Member States to continue to and Security Council action. give the widest support and publicity to the observance of the Day of Solidarity. The Committee, in its annual report [A/59/35], RECORDED VOTE ON RESOLUTION 59/29: requested the Division to continue its programme In favour: Afghanistan, Algeria, Argentina, Azerbaijan, Bahamas, Bah- of publications and other informational activi- rain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia, Bo- tswana,Brazil,BruneiDarussalam,BurkinaFaso,Cambodia,CapeVerde, ties, including further expansion of the elec- Central African Republic, Chile, China, Colombia, Congo, Côte d’Ivoire, tronic United Nations Information System on the Cuba, Cyprus, Democratic People’s Republic of Korea, Djibouti, Ecuador,

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Egypt, El Salvador, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Taking note in particular of the information contained Guinea-Bissau, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Leb- in chapter VI of that report, anon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Recalling its resolution 58/20 of 3 December 2003, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Morocco, Mozam- Convinced that the worldwide dissemination of accu- bique, Myanmar, Namibia, Nepal, Niger, Nigeria, Oman, Pakistan, Pan- ama, Paraguay, Philippines, Qatar, Saint Lucia, Saint Vincent and the rate and comprehensive information and the role of Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singa- civil society organizations and institutions remain of pore, Somalia, South Africa, Sri Lanka, Sudan, Suriname, Syrian Arab vital importance in heightening awareness of and Republic, Tajikistan, Togo, Trinidad and Tobago, Tunisia, Turkey, support for the inalienable rights of the Palestinian Turkmenistan, United Arab Emirates, United Republic of Tanzania, Uru- guay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. people, Against: Australia, Grenada, Israel, Marshall Islands, Micronesia, Recalling the mutual recognition between the Gov- Nauru, Palau, United States. ernment of the State of Israel and the Palestine Libera- Abstaining: Albania, Andorra, Armenia, Austria, Belgium, Bosnia and tion Organization, the representative of the Palestin- Herzegovina, Bulgaria, Burundi, Cameroon, Canada, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Estonia, Fiji, Finland, ian people, as well as the existing agreements between France, Georgia, Germany, Greece, Guatemala, Haiti, Honduras, Hun- the two sides and the need for full compliance with gary, Iceland, Ireland, Italy, Japan, Kenya, Latvia, Liechtenstein, Lithua- those agreements, nia, Luxembourg, Monaco, Netherlands, New Zealand, Nicaragua, Nor- way, Papua New Guinea, Peru, Poland, Portugal, Republic of Korea, Recalling also the Quartet road map to a permanent RepublicofMoldova,Romania,RussianFederation, Samoa,SanMarino, two-State solution to the Israeli-Palestinian conflict, Serbia and Montenegro, Slovakia, Slovenia, Solomon Islands, Spain, Taking note of the advisory opinion rendered on Sweden, Switzerland, Thailand, The former Yugoslav Republic of Mace- 9 July 2004 by the International Court of Justice on the donia, Tonga, Uganda, Ukraine, United Kingdom, Vanuatu. Legal Consequences of the Construction of a Wall in the Oc- cupied Palestinian Territory , Special information programme 1. Notes with appreciation the action taken by the De- As requested in General Assembly resolution partment of Public Information of the Secretariat in compliance with resolution 58/20; 58/20 [YUN 2003, p. 502], the UN Department of 2. Considers that the special information pro- Public Information (DPI) in 2004 continued its gramme on the question of Palestine of the Depart- special information programme on the question ment is very useful in raising the awareness of the in- of Palestine, which included the maintenance of ternational community concerning the question of the web page on the question of Palestine under Palestine and the situation in the Middle East and that “Global Issues” and other pages of the UN the programme is contributing effectively to an atmos- website, the issuing of press releases and the phere conducive to dialogue and supportive of the organization of its annual training programme peace process; 3. Requests the Department, in full cooperation and for Palestinian broadcasters and journalists. The coordination with the Committee on the Exercise of Radio Section provided coverage of various as- the Inalienable Rights of the Palestinian People, to pects of the question of Palestine in its broadcasts continue, with the necessary flexibility as may be re- in all six UN official languages. The quarterly quired by developments affecting the question of Pal- UN Chronicle and UN Chronicle Online reported on estine, its special information programme for the bien- relevant issues and action taken by the Assembly nium 2004-2005, in particular: and the Security Council. DPI, in cooperation (a) To disseminate information on all the activities with the Foreign Ministry of China, organized an of the United Nations system relating to the question of Palestine, including reports on the work carried out international media seminar on peace in the by the relevant United Nations organizations; Middle East (Beijing, 16-17 June). (b) To continue to issue and update publications on As in previous years, the network of United the various aspects of the question of Palestine in all Nations information centres (UNICs) and other fields, including materials concerning the recent de- UN offices carried out activities in connection velopments in that regard, in particular the prospects with the International Day of Solidarity with the for peace; (c) To expand its collection of audio-visual material Palestinian People. Throughout the year, many on the question of Palestine and to continue the pro- UNICs dealt with the Palestine question and or- duction and preservation of such material and the up- ganized related outreach activities. dating of the exhibit in the Secretariat; (d) To organize and promote fact-finding news mis- GENERAL ASSEMBLY ACTION sions for journalists to the Occupied Palestinian Terri- tory, including East Jerusalem; On 1 December [meeting 64], the General As- (e) To organize international, regional and national sembly adopted resolution 59/30 [draft: A/59/L.36 seminars or encounters for journalists, aiming in par- & Add.1] by recorded vote (162-7-9) [agenda item 37]. ticular at sensitizing public opinion to the question of Palestine; Special information programme on the (f) To continue to provide assistance to the Palestin- question of Palestine of the Department of ian people in the field of media development, in par- Public Information of the Secretariat ticular to strengthen the training programme for Pal- The General Assembly, estinian broadcasters and journalists initiated in 1995. Having considered the report of the Committee on RECORDED VOTE ON RESOLUTION 59/30: the Exercise of the Inalienable Rights of the Palestin- In favour: Afghanistan, Albania, Algeria, Andorra, Argentina, Armenia, ian People, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus,

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Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Bo- tswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, national donor community in assisting the Pales- Cambodia, Canada, Cape Verde, Central African Republic, Chile, China, tinian reform agenda. Significant technical and Colombia, Congo,Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Denmark, Djibouti, programmatic donor support in all reform areas Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Es- continued to be forthcoming. The Task Force tonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, worked with Palestinians to update the Palestin- Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Ja- ian reform action plan, which, on a continuing pan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Dem- basis, highlighted Palestinian commitments, re- ocratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malay- viewed benchmarks, identified obstacles to re- sia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mon- form and proposed areas for donor assistance. golia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Pan- The Task Force conducted its activities through ama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of seven reform support groups in the areas of elec- Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, tions, financial accountability, judicial and rule Serbia and Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, of law reform, legislative reform, market eco- Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden,Switzerland,SyrianArabRepublic,Tajikistan,Thailand,Thefor- nomics, local government, and public adminis- mer Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and tration and civil service reform. At its meeting in Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Rome on 11 December 2003, the Task Force Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. noted that Palestinian political instability,contin- Against: Grenada, Israel, Marshall Islands, Micronesia, Nauru, Palau, ued Israeli restrictions on freedom of movement United States. Abstaining: Australia, Cameroon, Haiti, Papua New Guinea, Samoa, and the significant deterioration of security Solomon Islands, Tonga, Uganda, Vanuatu. contributed to paralysis and delay in the reform process. While expressing concern that that pro- cess had been largely stalled over the previous Assistance to Palestinians four months, it nonetheless welcomed the pro- gress made in several areas of Palestinian civil re- UN activities form, in particular the implementation of higher In response to General Assembly resolution standards of fiscal transparency and accountabil- 58/113 [YUN 2003, p. 504], the Secretary-General ity, and work towards developing public institu- submitted a June report [A/59/121-E/2004/88] de- tions and laws to promote a market economy. The scribing UN and other assistance to the Palestin- Palestinian efforts to establish a centrally coordi- ian people from May 2003 to April 2004. nated and proactive approach to reform through During the reporting period, new hope for a the PA Reform Coordination Support Unit, peaceful solution to the Palestinian-Israeli con- under the auspices of the Prime Minister, and the flict was brought about by the road map proposed establishment of the Palestinian National Re- by the Quartet [YUN 2003, p. 464], spelling out con- form Committee, composed of representatives crete steps towards the fulfilment of the vision of from the Government, the legislature, the busi- two States, Israel and Palestine, living side by side ness community and civil society, were positive in peace and security. However, neither side steps towards developing a more comprehensive honoured its commitments, for Israel did not reform agenda. In its progress report of Febru- stop settlement activities and continued its mili- ary 2004, the Task Force expressed disappoint- tary operations in Palestinian areas and the con- ment at the overall pace of reform. It noted that struction of the security wall, while the PA did significant measures had been adopted, such as not bring an end to violence and terrorism. the passing by the Palestinian Legislative Council Throughout the reporting period, UN agencies of the 2004 budget, the start of voter registration in the Occupied Palestinian Territory had to seek and the decision to pay all security personnel additional resources to meet increasing emer- through bank transfers. However, it observed gency needs while trying to maintain their devel- that a real political commitment by both parties opment activities, and the focus of those activities was still lacking and was hampering progress shifted even more to humanitarian aid as com- in many areas, especially in the judicial and legis- pared to the previous year. The UN system pro- lative fields. vided assistance in a number of areas, including The Secretary-General observed that a two- institutional capacity-building, human resources track strategy—balancing emergency needs and social development, human rights and against development goals that supported a via- women, infrastructure and natural resources ble PA—had been the basis of the UN approach management, and productive sectors. since 2001. Although less than preferable, it had The Quartet’s Task Force on Palestinian Re- become the modus operandi for relief efforts in form, established in 2002 [YUN 2002, p. 432], contin- the Occupied Palestinian Territory. As a result of ued to monitor and support the implementation their considerable efforts, the UN system and do- of Palestinian civil reforms and guide the inter- nors had achieved measured success in both

YUN04—4th proofs /OF July 6 2006 Middle East 495 emergency and development assistance. The suc- the secretariat was prepared to follow up on the cesses had been overshadowed by the escalation Board deliberations with proactive resource mo- of the crisis, which had led not only to loss of life, bilization efforts. but also to a reversal in the progress made in the socio-economic sectors. Humanitarian and fi- GENERAL ASSEMBLY ACTION nancial assistance alone would not serve as a solu- On 2 December [meeting 65], the General As- tion to the political crisis. A solution regarding sembly adopted resolution 59/56 [draft: A/59/L.24 the status of the Palestinian people, as well as the & Add.1, orally revised] without vote [agenda item 39 (c)]. economic situation and humanitarian crisis, were linked directly to respect for international Assistance to the Palestinian people law and the achievement of a peaceful resolution The General Assembly, Recalling its resolution 58/113 of 17December 2003, of the conflict. Israel had to ease restrictions and as well as previous resolutions on the question, work closely with those providing aid and devel- Recalling also the signing of the Declaration of Prin- opment projects, and the PA needed to take steps ciples on Interim Self-Government Arrangements in to lessen Israel’s security concerns. Washington, D.C., on 13 September 1993, by the Gov- The Economic and Social Council, on 23 July, ernment of the State of Israel and the Palestine Libera- took note of the Secretary-General’s report (deci- tion Organization, the representative of the Palestin- sion 2004/297). ian people, and the subsequent implementation agreements concluded by the two sides, Gravely concerned at the deterioration in the living UNCTAD assistance to Palestinians conditions of the Palestinian people throughout the At its fifty-first session (Geneva, 4-15 October) occupied territory, which constitutes a mounting hu- [A/59/15], the Trade and Development Board of manitarian crisis, the United Nations Conference on Tradeand De- Conscious of the urgent need for improvement in the velopment (UNCTAD) considered the report on economic and social infrastructure of the occupied ter- UNCTAD assistance to the Palestinian people [TD/ ritory, B/51/2]. The report underlined the urgency of Aware that development is difficult under occupa- tion and is best promoted in circumstances of peace bringing relief, rehabilitation and development and stability, efforts into a cohesive framework determined by Noting the great economic and social challenges fac- a Palestinian development vision and agenda. ing the Palestinian people and their leadership, The Palestinian economy continued to feature Conscious of the urgent necessity for international as- structural imbalances and distortions, owing to sistance to the Palestinian people, taking into account occupation, geographic isolation and fragmenta- the Palestinian priorities, tion, war and institutional attrition, and the un- Welcoming the results of the Conference to Support certainty of implementation of the proposed two- Middle East Peace, convened in Washington, D.C., on State solution and the international community’s 1 October 1993, the establishment of the Ad Hoc Liai- son Committee and the work being done by the World road map. UNCTAD supported Palestinian devel- Bank as its secretariat and the establishment of the opment efforts and the establishment of new Consultative Group, as well as all follow-up meetings partnerships with the private sector and interna- and international mechanisms established to provide tional development organizations. Increasingly, assistance to the Palestinian people, donors considered UNCTAD to be a transparent Welcoming also the work of the Joint Liaison Commit- development agency capable of delivering cost- tee, which provides a forum in which economic policy effective technical assistance to the Palestinian and practical matters related to donor assistance are people. However, funding constraints were be- discussed with the Palestinian Authority, coming increasingly critical, and that had im- Stressing the continued importance of the work of the Ad Hoc Liaison Committee in the coordination of paired the efficiency and impact of technical as- assistance to the Palestinian people, sistance. The secretariat’s ability to forge ahead Noting the upcoming meeting of the Ad Hoc Liai- with the design and initiation of planned techni- son Committee to review the state of the Palestinian cal assistance activities was undermined by recur- economy, rent limitations and the unpredictability and Stressing the need for the full engagement of the reduction of resources. Regular budgetary re- United Nations in the process of building Palestinian sources were sufficient to maintain the secreta- institutions and in providing broad assistance to the riat’s specialized knowledge and policy analysis Palestinian people, and welcoming in this regard the capacity in specific areas, and to provide occa- support provided to the Palestinian Authority by the Task Force on Palestinian Reform, established by the sional advisory services, but they were not ade- Quartet in 2002, quate for managing a multisectoral technical as- Noting, in this regard, the active participation of the sistance programme, or to enable Palestinian United Nations Special Coordinator for the Middle representatives to participate fully in UNCTAD ex- East Peace Process and Personal Representative of the pert meetings. In order to remedy that situation, Secretary-General to the Palestine Liberation Organi-

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zation and the Palestinian Authority in the activities of ton, D.C., on 28 September 1995, in particular with re- the Special Envoys of the Quartet, gard to the full and prompt clearance of Palestinian Welcoming the endorsement by the Security Council, indirect tax revenues, and welcomes the progress made in its resolution 1515(2003) of 19 November 2003, of in this regard; the performance-based road map to a permanent two- 13 . Suggests the convening in 2005 of a United State solution to the Israeli-Palestinian conflict, and Nations–sponsored seminar on assistance to the Pales- stressing the need for its implementation and compli- tinian people; ance with its provisions, 14 . Requests the Secretary-General to submit a re- Having considered the report of the Secretary-General, port to the General Assembly at its sixtieth session, Expressing grave concern at the continuation of the re- through the Economic and Social Council, on the im- cent tragic and violent events that have led to many plementation of the present resolution, containing: deaths and injuries, (a) An assessment of the assistance actually re- 1. Takesnote of the report of the Secretary-General; ceived by the Palestinian people; 2. Also takes note of the report of the Personal Hu- (b) An assessment of the needs still unmet and spe- manitarian Envoy of the Secretary-General on the human- cific proposals for responding effectively to them; itarian conditions and needs of the Palestinian people; 15. Decides to include in the provisional agenda of 3. Expresses its appreciation to the Secretary-General its sixtieth session the sub-item entitled “Assistance to for his rapid response and efforts regarding assistance the Palestinian people”. to the Palestinian people; 4. Also expresses its appreciation to the Member States, United Nations bodies and intergovernmental, re- UNRWA gional and non-governmental organizations that have provided and continue to provide assistance to the Pal- In 2004, the United Nations Relief and Works estinian people; Agency for Palestine Refugees in the Near East 5. Stresses the importance of the work of the United continued to provide vital education, health and Nations Special Coordinator for the Middle East Peace relief and social services to an ever-growing refu- Process and Personal Representative of the Secretary- gee population, despite a severe budget deficit General to the Palestine Liberation Organization and and a cash flow crisis. the Palestinian Authority and of the steps taken under the auspices of the Secretary-General to ensure the As at 30 June, almost 4 million refugees were achievement of a coordinated mechanism for United registered with UNRWA, an increase of 2.56 per Nations activities throughout the occupied territories; cent over the 2003 figure of 4.08 million. Ap- 6. Urges Member States, international financial in- proximately 68 per cent of the registered refugee stitutions of the United Nations system, intergovern- population was living outside the 59 officially mental and non-governmental organizations and re- recognized refugee camps. The largest refugee gional and interregional organizations to extend, as population was registered in Jordan (42 per cent rapidly and as generously as possible, economic and social assistance to the Palestinian people, in close co- of the Agency-wide total), followed by the Gaza operation with the Palestine Liberation Organization Strip (22.41 per cent), the West Bank (16.13 per and through official Palestinian institutions; cent), the Syrian Arab Republic (9.98 per cent) 7. Calls upon relevant organizations and agencies of and Lebanon (9.48 per cent). Of those registered, the United Nations system to intensify their assistance 43.54 per cent were 19 years of age or under. in response to the urgent needs of the Palestinian peo- In his annual report on the work of the Agency ple in accordance with Palestinian priorities set forth by the Palestinian Authority; from 1 July 2003 to 30 June 2004 [A/59/13], the 8. Urges Member States to open their markets to ex- UNRWA Commissioner-General said that the re- ports of Palestinian products on the most favourable porting period was characterized by the continu- terms, consistent with appropriate trading rules, and ation of conditions of strife in the Occupied Pal- to implement fully existing trade and cooperation estinian Territory. UNRWA recognized the right agreements; and duty of Israel to protect its citizens, but that 9. Calls upon the international donor community to did not affect Israel’s obligations under inter- expedite the delivery of pledged assistance to the Pal- national humanitarian law, which prohibited, estinian people to meet their urgent needs; 10. Stresses, in this context, the importance of en- among other things, disproportionate military suring the free passage of aid to the Palestinian people responses, the killing of innocent civilians and and the free movement of persons and goods; collective punishment. The large-scale military 11. Urges the international donor community, operations undertaken by Israel Defence Forces United Nations agencies and organizations and non- (IDF) caused heavy loss of life and widespread governmental organizations to extend as rapidly as damage to and destruction of Palestinian prop- possible emergency economic and humanitarian as- erty and infrastructure. The number of suicide sistance to the Palestinian people to counter the im- bombings inside Israel decreased significantly, pact of the current crisis; 12. Stresses the need to implement the Paris Proto- while rocket and mortar attacks from the Gaza col on Economic Relations of 29 April 1994, fifth an- Strip on targets within Israel and against settle- nex to the Israeli-Palestinian Interim Agreement on ments and IDF positions within the Gaza Strip the West Bank and the Gaza Strip, signed in Washing- continued. Military incursions into refugee

YUN04—4th proofs /OF July 6 2006 Middle East 497 camps were particularly extensive during the re- chological counselling to children and adults. porting period, which was characterized by a dra- The Agency provided temporary accommoda- matic increase in shelter and home demolition. tion and emergency assistance to refugees whose The severe economic depression that the Pal- shelters were destroyed. In the West Bank, the estinian economy had been experiencing since implementation of the reconstruc- September 2000 continued unabated. According tion project neared completion. Meanwhile, the to the World Bank, unemployment remained at destruction of shelter in Gaza increased signifi- over 25 per cent, and real wages declined by 2.6 cantly, necessitating the expansion of reconstruc- per cent. The resumption of tax revenue transfers tion and rehousing programmes there. from Israel to the PA provided a one-time boost to During the reporting period, two appeals for the Palestinian economy; nevertheless, Palestin- assistance from the international community to ian per capita income remained 35 per cent lower fund the Agency’s emergency programmes were than its pre-intifada level. As a result, over half launched for the second half of 2003 ($102.8 mil- the Palestinian population continued to live lion) and for 2004 ($193.6 million). The interna- below the poverty line. tional community’s response to those appeals During the reporting period, 34 UNRWA staff gradually decreased as the crisis entered its members were detained by Israeli authorities, fourth year and other world crises diverted do- and the Agency was refused access to detained nors’ attention. In 2003, contributions covered 47 staff members. Despite assurances to the con- per cent of the needs documented in UNRWA ap- trary, the Israeli Foreign Ministry had yet to peals, while the proportion for 2004 stood at 32 follow up on any of UNRWA’s requests for official per cent as at 30 June 2004. information and documents concerning the Advisory Commission. By a 30 September let- charges against those staff members, or the status ter to the Commissioner-General, which was in- of legal proceedings, convictions or appeals. cluded in his annual report [A/59/13], the The environment in which UNRWA carried out Chairperson of the Advisory Commission of its operations in the Occupied Palestinian Terri- UNRWA noted with concern the continuing dete- tory continued to affect negatively its ability to de- rioration in the political, economic and social sit- liver services. Among UNRWA buildings damaged uation in the Occupied Palestinian Territory, in- and equipment destroyed by the conflict were cluding the escalation of armed attacks during schools, training centres and health-care facili- the reporting period. The humanitarian crisis ties. Closures and checkpoint delays prevented was evidenced primarily by high levels of poverty, schools from operating normally as large num- deteriorating health conditions, the displace- bers of teachers and students could not reach ment of an increasing number of Palestinians fol- their schools or return to their homes. Office lowing the destruction of their homes, and the in- workers, doctors and nurses could not reach their creasing exhaustion of the capacity of the places of work, trucks carrying humanitarian Palestinian population to sustain itself in the face supplies could not reach their destinations, am- of the decline in economic and social conditions bulances were delayed or prevented from moving since September 2000. He noted that the Agency patients needing urgent treatment, and UNRWA had launched appeals totalling $209.4 million for school buildings were taken over by Israeli forces 2004, though the international community’s and used as bases and detention centres. There level of response stagnated, in that as at mid- were also a few instances where Palestinian mili- September only $89.5 million had been pledged tants entered UNRWA premises. In the West Bank, and $82.9 million actually received. The Com- IDF military operations, including curfews and mission underscored the need for a growing level closed military zones, adversely impacted of contributions to the Agency’s regular budget. UNRWA’s ability to carry out its humanitarian Report of Conciliation Commission. The functions in support of Palestine refugees. In United Nations Conciliation Commission for Gaza, the external closures imposed on the area Palestine, in its fifty-eighth report covering the and the internal closures that effectively bisected period from 1 September 2003 to 31 August 2004 or trisected the Strip for significant periods of [A/59/260], submitted in response to General As- time led to disruption in the delivery of UNRWA sembly resolution 58/91 [YUN 2003, p. 509], noted humanitarian supplies. its August 2003 report [ibid., p. 507] and observed The largest activity of UNRWA’s extensive that it had nothing new to report since its submis- emergency assistance programme for refugees sion. affected by the conflict was the provision of food aid to over 1.3 million refugees. Owing to insuffi- Projects cient funding, UNRWA was forced to curtail provi- During 2003/04, project funding enabled sion of remedial education to its pupils and psy- UNRWA to complete the construction of four

YUN04—4th proofs /OF July 6 2006 498 Political and security questions schools and one health centre, among other con- in Gaza and 366 in the West Bank, and it pro- struction projects, and the rehabilitation/con- vided 19,550 short-term jobs for Palestine struction of 239 shelters. Several environmental refugees and created 1,595,604 job/days either health projects were also completed, in particular through direct hire or community-based con- the construction of facilities to improve the water struction projects. Food distribution continued, supply and sewerage systems. Project funding targeting 128,000 families in the Gaza Strip and helped to sustain regular Agency programmes 94,294 in the West Bank. through the upgrading of facilities and the intro- duction of courses at several of UNRWA’s voca- Geneva conference tional training centres, the operations support programme in the West Bank and Gaza and the UNRWA, together with the Swiss Government, provision of medical supplies. During the report- co-hosted its first major international conference (Geneva, 7-8 June) since its inception, entitled ing period, UNRWA received new pledges for proj- ects in the amount of $24.6 million. Of the new “Meeting the Humanitarian Needs of the Pales- funding, $9.5 million (39 per cent) was allocated tine Refugees in the Near East: Building Partner- to the relief and social services sector, $3.4 mil- ships in Support of UNRWA”. The Agency lion to the health sector, $3.4 million to the edu- stressed the need for increased mutual engage- cation sector and $3.8 million to other projects, ment between itself and the international com- while $4.5 million had not been allocated. Proj- munity, including greater support for UNRWA to ects in the Occupied Palestinian Territory re- keep up with the increasing needs of a growing ceived $7.2 million, those in Syria $6.3 million, refugee population, and to upgrade UNRWA serv- Lebanon $3.2 million and Jordan $0.4 million. ices and rehabilitate infrastructure. The confer- Agency-wide activities received $7.5 million. The ence identified numerous areas where a stronger Peace Implementation Programme, established and more substantive tripartite partnership among donors, host countries and UNRWA could in 1993 [YUN 1993, p. 569] to fund extrabudgetary activities within the Agency’s major service areas lead to improvements in the responsiveness, ef- and later merged under the projects’ budget fectiveness and efficiency of the Agency’s opera- tions in providing services to the refugees. A [YUN 2000, p. 450], enabled UNRWA, among other things, to complete the construction of 20 addi- structural linkage was set between the conference tional classrooms. and UNRWA’s future planning process to ensure that the recommendations from the conference would be reflected in the Agency’s medium-term Emergency appeals plan for 2005-2009 and in its budget preparation UNRWA continued its programme of emer- processes. gency assistance, focusing on food aid, emer- gency employment creation, shelter repair and Major service areas rebuilding, cash assistance, health and educa- tion. During the reporting period, UNRWA UNRWA continued to implement its regular launched three appeals. A six-month appeal was programme, providing education, health, social launched in June 2003 for $102.9 million, cover- services and microcredit assistance to Palestine ing July-December 2003 ($53.3 million received refugees throughout the occupied territories. It as at 30 June 2004), followed by a year-long ap- also pursued internal management reform, with peal for 2004 for $193.6 million ($55.9 million re- a view to enhancing its overall efficiency and ceived). In May 2004, the destruction wrought by effectiveness. the Israeli military operation in the city of Rafah UNRWA’s education programme was its largest in Gaza led to a supplementary appeal for that activity, consisting of 658 schools that provided area for $15.8 million ($4.4 million received). basic and preparatory education to approxi- Owing to a lack of funds, the Agency was forced mately 490,000 pupils, five secondary schools in to set new priorities for its emergency appeal to Lebanon, eight vocational training centres and focus primarily on food aid, emergency employ- three teacher training colleges. The schools fol- ment creation and cash assistance, and to reduce lowed the national curricula of the host countries the number of beneficiaries receiving food par- in each of UNRWA’s five fields of operations. As a cels in the West Bank, as well as the caloric value result, UNRWA was required to implement im- of rations in the West Bank and Gaza. Further- provements to the curriculum introduced by the more, UNRWA was unable to rebuild approxi- host country authorities. However, because of its mately 1,500 shelters that had been destroyed by precarious financial situation, UNRWA was strug- IDF since the intifada began in September 2000. gling to keep pace with such developments, With the available emergency appeal funds, which included the introduction of a tenth year UNRWA rebuilt or repaired a total of 735 shelters in basic education in the Occupied Palestinian

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Territory, English language in elementary the difficult socio-economic situation in Jordan. schools in Jordan and computer science in Jorda- Shelter rehabilitation continued insofar as extra- nian and Syrian preparatory schools. UNRWA’s budgetary funding was forthcoming. Funding by university scholarship programme was discontin- Governments and the provision of land by the ued owing to financial constraints. Despite the host authority enabled UNRWA to implement financial challenges, UNRWA’s Education Depart- housing projects in Gaza, following large-scale ment continued to implement reform and im- destruction of refugee shelters. provement of internal processes, as well as spe- UNRWA continued to promote income- cific projects, such as the computer information generation activities on two levels—in the overall technology initiative. UNRWA continued to intro- context of its relief and social services pro- duce secondary schooling in Lebanon as a result gramme,andasacommercial,self-sustainingand of restrictions in access for Palestine refugees to market-oriented microfinance and microenter- the Lebanese public education system. In the prise programme. The latter programme ex- West Bank and Gaza Strip, operations were se- panded its operations in Jordan and the Syrian verely hampered by the ongoing crisis. Israeli Arab Republic. It provided 15,740 loans worth military action left 29 pupils dead and 147 in- $12.34 million in the region. That programme jured in the reporting period. came under great strain owing to the severe de- Technical supervision of UNRWA’s health pro- cline in economic conditions in the Occupied Pal- gramme was provided by the World Health Or- estinian Territory since October 2000; neverthe- ganization, which also supplied the services of less,itwasreturnedtofinancialself-sufficiency. senior management staff and short-term consul- GENERAL ASSEMBLY ACTION tants, as well as technical publications. UNRWA fo- cused on sustaining adequate levels of invest- On 10 December [meeting 71], the General As- ment in primary health care, with special sembly, on the recommendation of the Fourth emphasis on maternal and child health and dis- Committee [A/59/470], adopted resolution 59/117 ease prevention and control, enhancing the pro- by recorded vote (167-1-11) [agenda item 75]. cess of institutional capacity-building and de- Assistance to Palestine refugees veloping its human resources. Management The General Assembly, reforms led to the introduction of new systems re- Recalling its resolution 194(III) of 11December 1948 lating to health information, hospital manage- and all its subsequent resolutions on the question, in- ment and drug supply management. The situa- cluding resolution 58/91 of 9 December 2003, tion in the Occupied Palestinian Territory Recalling also its resolution 302(IV) of 8 December 1949, by which, inter alia, it established the United caused a significant deterioration of the refu- Nations Relief and Works Agency for Palestine Refu- gees’ health. Studies documented the increasing gees in the Near East, prevalence of acute and chronic malnutrition as Recalling further relevant Security Council resolu- well as iron-deficiency anaemia and low birth tions, weight. Studies also warned of breakdowns in Aware of the fact that, for more than five decades, the preventive services to women and children owing Palestine refugees have suffered from the loss of their to closures and curfews, resulting in fewer infants homes, lands and means of livelihood, completing immunizations on schedule. In Leba- Affirming the imperative of resolving the problem of the Palestine refugees for the achievement of justice non, UNRWA strengthened its cooperation with and for the achievement of lasting peace in the region, the Palestinian Red Crescent Society facilities, Acknowledging the essential role that the United providing cost-effective secondary health care to Nations Relief and Works Agency for Palestine Refu- refugees unable to afford the cost of private hos- gees in the Near East has played for more than fifty- pitalization. The Agency also continued its envi- four years since its establishment in ameliorating the ronmental health services in refugee camps plight of the Palestine refugees in the fields of educa- throughout its areas of operation, introducing tion, health and relief and social services, Taking note of the report of the Commissioner- and/or improving sewage disposal, storm water General of the United Nations Relief and Works drainage, provision of safe drinking water and re- Agency for Palestine Refugees in the Near East cover- fuse collection. ing the period from 1 July 2003 to 30 June 2004, UNRWA’s relief and social services programme Aware of the continuing needs of the Palestine refu- addressed the needs of the most vulnerable gees throughout all the fields of operation, namely among the refugee population and sought to re- Jordan, Lebanon, the Syrian Arab Republic and the duce poverty. It fostered community-based or- Occupied Palestinian Territory, Expressing grave concern at the especially difficult sit- ganizations with a special focus on women, chil- uation of the Palestine refugees under occupation, in- dren and youth, as well as physically/mentally cluding with regard to their safety, well-being and liv- challenged refugees. UNRWA’s special hardship ing conditions, and the continuous deterioration of programme was in increasing demand owing to those conditions during the recent period,

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Noting the signing of the Declaration of Principles [A/59/470], adopted resolution 59/119by recorded on Interim Self-Government Arrangements on 13 Sep- vote (163-6-7) [agenda item 75]. tember 1993 by the Government of Israel and the Pal- estine Liberation Organization and the subsequent im- Operations of the United Nations Relief and Works plementation agreements, Agency for Palestine Refugees in the Near East Aware of the important role to be played in the peace The General Assembly, process by the Multilateral Working Group on Refu- Recalling its resolutions 194(III) of 11 December gees of the Middle East peace process, 1948, 212(III) of 19 November 1948, 302(IV) of 8 De- 1. Notes with regret that repatriation or compensa- cember 1949 and all subsequent related resolutions, in- tion of the refugees, as provided for in paragraph 11of cluding resolution 58/93 of 9 December 2003, General Assembly resolution 194(III), has not yet been Recalling also the relevant Security Council resolu- effected and that, therefore, the situation of the Pales- tions, tine refugees continues to be a matter of grave concern; Having considered the report of the Commissioner- General of the United Nations Relief and Works 2. Also notes with regret that the United Nations Con- Agency for Palestine Refugees in the Near East cover- ciliation Commission for Palestine has been unable to ing the period from 1 July 2003 to 30 June 2004, find a means of achieving progress in the implementa- Taking note of the letter dated 30 September 2004 tion of paragraph 11 of General Assembly resolution from the Chairperson of the Advisory Commission of 194(III), and requests the Conciliation Commission to the United Nations Relief and Works Agency for Pal- exert continued efforts towards the implementation of estine Refugees in the Near East addressed to the that paragraph and to report to the Assembly as appro- Commissioner-General, priate, but no later than 1 September 2005; Deeply concerned about the continuing critical finan- 3. Affirms the necessity for the continuation of the cial situation of the Agency and its effect on the contin- work of the United Nations Relief and Works Agency uing provision of necessary Agency services to the Pal- for Palestine Refugees in the Near East and the impor- estine refugees, including its emergency-related and tance of its operation and its services for the well-being development programmes, of the Palestine refugees and for the stability of the re- Recalling Articles 100, 104 and 105 of the Charter of gion, pending the resolution of the question of the Pal- the United Nations and the Convention on the Privi- estine refugees; leges and Immunities of the United Nations, 4. Calls upon all donors to continue to make the Recalling also the Convention on the Safety of United most generous efforts possible to meet the anticipated Nations and Associated Personnel, needs of the Agency, including those mentioned in re- Affirming the applicability of the Geneva Conven- cent emergency appeals; tion relative to the Protection of Civilian Persons in 5. Decides to extend the mandate of the Agency un- Time of War, of 12 August 1949, to the Palestinian ter- til 30 June 2008, without prejudice to the provisions of ritory occupied since 1967, including East Jerusalem, paragraph 11of General Assembly resolution 194(III). Aware of the continuing needs of the Palestine refu- RECORDED VOTE ON RESOLUTION 59/117: gees throughout the Occupied Palestinian Territory and in the other fields of operation, namely, in Jordan, In favour: Afghanistan, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Lebanon and the Syrian Arab Republic, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Gravely concerned about the increased suffering of BosniaandHerzegovina, Botswana,Brazil, Brunei Darussalam, Bulgaria, the Palestine refugees, including that resulting from Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte loss of life, injury and extensive destruction and dam- d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Re- age to their shelters and properties, during the on- public of Korea, Denmark, Djibouti, Dominica, Dominican Republic, Ec- going crisis in the Occupied Palestinian Territory, in- uador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, cluding East Jerusalem, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guate- mala, Guinea, Guinea-Bissau, Guyana, Hungary, Iceland, India, Indone- Expressing grave concern about the grave impact of sia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, the events that occurred in the Jenin refugee camp in Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, April 2002, the Rafah refugee camp in May 2004 and Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxem- bourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauri- the Jabaliya refugee camp in October 2004, including tius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Myanmar, the loss of life, injury, destruction and displacement in- Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, flicted on many of the civilian inhabitants, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Aware of the extraordinary efforts being undertaken Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Sa- by the Agency for the repair or rebuilding of thou- moa, San Marino, Sao Tomeand Principe, Saudi Arabia, Senegal, Serbia sands of damaged or destroyed refugee shelters, and Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Aware also of the valuable work done by the refugee Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Su- dan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, affairs officers of the Agency in providing protection Thailand, The former Yugoslav Republic of Macedonia, Timor-Leste, to the Palestinian people, in particular Palestine refu- Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, gees, Uganda,Ukraine, UnitedArabEmirates,UnitedKingdom,UnitedRepub- lic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zam- Gravely concerned about the endangerment of the bia, Zimbabwe. safety of the Agency’s staff and about the damage Against: Israel. caused to facilities of the Agency as a result of Israeli Abstaining: Cameroon, Grenada, Haiti, Honduras, Marshall Islands, military operations during the reporting period, Micronesia,Palau,PapuaNewGuinea,Tuvalu,UnitedStates,Vanuatu. Deploring the killing of twelve Agency staff members by the Israeli occupying forces since September 2000, The Assembly, also on 10 December [meeting 71] Deploring also the killing and wounding of children and on the Fourth Committee’s recommendation in the Agency’s schools by the Israeli occupying forces,

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Expressing deep concern about the continuing policies cordance with the Convention on the Rights of the of closure and severe restrictions, including the cur- Child; fews, that have been imposed on the movement of per- 8. Expresses concern about the temporary relocation sons and goods throughout the Occupied Palestinian of the headquarters international staff of the Agency Territory, including East Jerusalem, and which have from Gaza City and the disruption of operations at the had a grave impact on the socio-economic situation of headquarters; the Palestine refugees and have greatly contributed to 9. Calls upon Israel, the occupying Power, to comply the dire humanitarian crisis facing the Palestinian peo- fully with the provisions of the Geneva Convention rel- ple, ative to the Protection of Civilian Persons in Time of Deeply concerned about the continuing imposition of War, of 12 August 1949; restrictions on the freedom of movement of the 10. Also calls upon Israel to abide by Articles 100, 104 Agency’s staff, vehicles and goods, the harassment and and 105 of the Charter of the United Nations and the intimidation of the Agency’s staff and the serious ac- Convention on the Privileges and Immunities of the cusations made against the Agency, which proved to be United Nations in order to ensure the safety of the per- unfounded, all of which undermine and obstruct the sonnel of the Agency, the protection of its institutions Agency’s work, including its ability to provide its es- and the safeguarding of the security of its facilities in sential services, notably its education, health and relief the Occupied Palestinian Territory, including East Je- and social services, rusalem; Recalling the signing, on 13 September 1993, of the 11. Urges the Government of Israel speedily to com- Declaration of Principles on Interim Self-Government pensate the Agency for damage to its property and fa- Arrangements by the Government of Israel and the cilities resulting from actions by the Israeli side, partic- Palestine Liberation Organization and the subsequent ularly during the reporting period; implementation agreements, 12. Calls upon Israel particularly to cease obstruct- Aware of the agreement between the Agency and the ing the movement of the staff, vehicles and supplies of Government of Israel, the Agency and to cease the levying of extra fees and Taking note of the agreement reached on 24 June charges, which affect the Agency’s operations detri- 1994, embodied in an exchange of letters between the mentally; Agency and the Palestine Liberation Organization, 13 . Requests the Commissioner-General to proceed 1. Expresses its appreciation to the Commissioner- with the issuance of identification cards for Palestine General of the United Nations Relief and Works refugees and their descendants in the Occupied Pales- Agency for Palestine Refugees in the Near East, as well tinian Territory; as to all of the staff of the Agency, for their tireless 14 . Affirms that the functioning of the Agency re- efforts and valuable work, particularly in the light of mains essential in all fields of operation; the increasingly difficult conditions during the past 15. Notes the success of the Agency’s microfinance year; and microenterprise programme, and calls upon the 2. Also expresses its appreciation to the Advisory Com- Agency, in close cooperation with the relevant agen- mission of the United Nations Relief and Works cies, to continue to contribute to the development of Agency for Palestine Refugees in the Near East, and the economic and social stability of the Palestine refu- requests it to continue its efforts and to keep the Gen- gees in all fields of operation; eral Assembly informed of its activities, including the 16. Reiterates its request to the Commissioner- full implementation of Assembly decision 48/417of 10 General to proceed with the modernization of the ar- December 1993; chives of the Agency through the Palestine Refugee 3. Takes note with appreciation of the report of the Records Project, and to indicate the progress made in Working Group on the Financing of the United this regard in his report to the General Assembly at its Nations Relief and Works Agency for Palestine Refu- sixtieth session; gees in the Near East and the efforts of the Working 17. Reiterates its previous appeals to all States, special- Group to assist in ensuring the financial security of the ized agencies and non-governmental organizations to Agency, and requests the Secretary-General to provide continue and to augment the special allocations for the necessary services and assistance to the Working grants and scholarships for higher education to Pales- Group for the conduct of its work; tine refugees in addition to their contributions to the 4. Commends the continuing efforts of the Commissioner- regular budget of the Agency and to contribute to the General to increase the budgetary transparency and establishment of vocational training centres for Pales- efficiency of the Agency, as reflected in the Agency’s tine refugees, and requests the Agency to act as the re- programme budget for the biennium 2004-2005; cipient and trustee for the special allocations for grants and scholarships; 5. Acknowledges the support provided by the host 18. Urges all States, specialized agencies and non- Governments to the Agency in the discharge of its du- governmental organizations to continue and to in- ties; crease their contributions to the Agency so as to ease 6. Welcomes the convening, on 7 and 8 June 2004, of the ongoing financial constraints, exacerbated by the the Geneva conference by the United Nations Relief current humanitarian situation on the ground, and to and Works Agency for Palestine Refugees in the Near support the Agency’s valuable work in assisting the East and the Swiss Agency for Development and Co- Palestine refugees. operation to increase support for the United Nations Relief and Works Agency; RECORDED VOTE ON RESOLUTION 59/119: In favour: Afghanistan, Algeria, Andorra, Angola, Antigua and 7. Encourages the Agency’s further consideration of Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, the needs and rights of children in its operations in ac- Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia,

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BosniaandHerzegovina, Botswana,Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Canada, Cape Verde, Chile, China, Colombia, that, by the end of September, UNRWA faced the Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, prospect of a funding gap in its 2004 regular cash Democratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, budget of $7.3 million. Income for 2004 was ex- Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Ger- pected to be $309.1 million (of which $291.7 mil- many, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, lion was income from donors, $15.9 million was Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Ja- pan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Dem- from UN agencies and $1.5 million was interest ocratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, income and exchange rate gains), against a net Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Mal- dives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, cash expenditure of $316.4 million. Further- Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, more, of the $291.7 million in income expected New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of from donors for the regular budget in 2004, Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and $270.6 million had been received by the end of the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Ara- bia, Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singa- September and $21.1 million was outstanding. pore,Slovakia, Slovenia, SolomonIslands,Somalia, SouthAfrica,Spain, The Agency continued to try to attract a reliable, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Repub- lic, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, sustainable flow of funds so as not to have to Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, depend upon stopgap measures to meet funding Turkmenistan,Uganda,Ukraine, UnitedArabEmirates,UnitedKingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, needs. Yemen, Zambia, Zimbabwe. The Working Group remained concerned Against: Grenada, Israel, Marshall Islands, Micronesia, Palau, United about the increasing shortfalls in funding for its States. Abstaining:Burundi, Cameroon, Côte d’Ivoire, Haiti, Honduras,Nicara- 2004 appeals. Against a total request of $209.4 gua, Papua New Guinea. million for emergency appeals during 2004, the Agency had received only $89.4 million in On 23 December, the Assembly decided that pledges. In addition, against a total request for the agenda item on UNRWA would remain for $529.8 million for prior years’ emergency ap- consideration at its resumed fifty-ninth (2005) peals, the Agency had received only $323.3 mil- session (decision 59/552). lion in pledges. The shortfalls in emergency ap- peal contributions seriously curtailed the UNRWA financing Agency’s humanitarian activities, such as food UNRWA ended 2003 with a positive working distribution, emergency employment generation capital balance of $32.2 million. It was able to programmes, trauma counselling and other achieve a relatively favourable financial result emergency health activities. UNRWA’s budget re- owing, in part, to the positive impact of United quirements for the 2004-2005 biennium were es- States dollar depreciation against other curren- timated at $805 million, compared with $791.7 cies, with the result that UNRWA made $4 million million for 2002-2003. in exchange rate gains in 2003. Working capital, The Working Group said that the problem of defined as the difference between assets and lia- the refugees was deeply rooted in a political issue bilities in the regular budget for the calendar that originated more than half a century earlier, year, stood at $36.7 million as at 31 December and that it remained essential to settle that prob- 2003. However, $4.5 million represented funds lem once and for all in accordance with all rele- earmarked to procure basic commodities, leav- vant UN resolutions. The problems faced by the ing a real positive working capital balance of refugees were, however, humanitarian ones that $32.2 million for the cash budget. The end-of- needed to be addressed as a shared international year excess of income over expenditure of $23.5 responsibility. The services provided by UNRWA million, minus the $10 million reserve for cur- should be viewed as the minimum required to en- rency fluctuations, was added to the working able the refugees to lead productive lives. Any capital of $18.7 million carried forward from further reduction in those services would not December 2002. only unfairly deprive the refugees of the min- UNRWA’s cash position improved during the imum level of support to which they were enti- reporting period, in part because of the reim- tled, but could also have a destabilizing effect on bursement by the PA of a large amount of value- the entire region. added tax (VAT ) due from prior years. However, there remained outstanding cash pledges under Displaced persons the regular budget amounting to $8.4 million In a July report [A/59/151] on compliance with and approximately $13 million in respect of VAT General Assembly resolution 58/92 [YUN 2003, due from the PA. p. 514], which called for accelerated return of all Working Group. The Working Group on the persons displaced as a result of the June 1967 and Financing of UNRWA held two meetings in 2004, subsequent hostilities to their homes or former on 7 and 15 October. In its report to the General places of residence in the territories occupied by Assembly [A/59/442], the Working Group said Israel since 1967, the Secretary-General said that,

YUN04—4th proofs /OF July 6 2006 Middle East 503 since UNRWA was not involved in arrangements sistance as a result of the June 1967 and subsequent for the return of either refugees or displaced per- hostilities; sons not registered with it, the Agency’s informa- 4. Strongly appeals to all Governments and to or- tion was based on requests by returning regis- ganizations and individuals to contribute generously to the Agency and to the other intergovernmental and tered refugees for the transfer of their non-governmental organizations concerned for the entitlements to their areas of return. Displaced above-mentioned purposes; refugees known by UNRWA to have returned to 5. Requests the Secretary-General, after consulting the West Bank and Gaza Strip since 1967 totalled with the Commissioner-General, to report to the Gen- about 24,600. As far as UNRWA knew, between eral Assembly before its sixtieth session on the pro- 1 July 2003 and 30 June 2004, 550 registered ref- gress made with regard to the implementation of the ugees had returned to the West Bank and 148 to present resolution. Gaza from places outside the occupied territory. RECORDED VOTE ON RESOLUTION 59/118: In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Argen- Some of those refugees might not have been dis- tina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangla- placed since 1967, but were possibly family mem- desh,Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia andHer- bers of a displaced registered refugee. zegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Como- ros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Demo- GENERAL ASSEMBLY ACTION cratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Domini- can Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, On 10 December [meeting 71], the General As- Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Hungary, sembly, on the recommendation of the Fourth Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jor- Committee [A/59/470], adopted resolution 59/118 dan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic [agenda item 75] Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechten- by recorded vote (162-6-9) . stein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mo- Persons displaced as a result of the June 1967 zambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nica- and subsequent hostilities ragua, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Phil- ippines, Poland,Portugal,Qatar,Republic ofKorea, Republic ofMoldova, The General Assembly, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Recalling its resolutions 2252(ES-V) of 4 July 1967, Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, 2341 B (XXII) of 19 December 1967 and all subsequent Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri related resolutions, Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Recalling also Security Council resolutions 237(1967) Tajikistan,Thailand, The former Yugoslav Republic of Macedonia, Timor- of 14 June 1967 and 259(1968) of 27 September 1968, Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda,Ukraine, UnitedArabEmirates,UnitedKingdom,UnitedRepub- Taking note of the report of the Secretary-General lic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, submitted in pursuance of its resolution 58/92 of Zimbabwe. 9 December 2003, Against: Grenada, Israel, Marshall Islands, Micronesia, Palau, United States. Taking note also of the report of the Commissioner- Abstaining: Cameroon, Côte d’Ivoire, Haiti, Honduras, Nauru, Papua General of the United Nations Relief and Works New Guinea, Tuvalu, Uzbekistan, Vanuatu. Agency for Palestine Refugees in the Near East cover- ing the period from 1 July 2003 to 30 June 2004, Property rights Concerned about the continuing human suffering re- sulting from the June 1967 and subsequent hostilities, In response to General Assembly resolution Taking note of the relevant provisions of the Declara- 58/94 [YUN 2003, p. 514], the Secretary-General tion of Principles on Interim Self-Government Ar- submitted an August report [A/59/279] on steps rangements of 1993 with regard to the modalities for taken to protect and administer Arab property, the admission of persons displaced in 1967, and con- assets and property rights in Israel, and establish cerned that the process agreed upon has not yet been a fund for income derived therefrom, on behalf effected, of the rightful owners. He indicated that he had 1. Reaffirms the right of all persons displaced as a transmitted the resolution to Israel and all other result of the June 1967 and subsequent hostilities to re- turn to their homes or former places of residence in Member States, requesting information on any the territories occupied by Israel since 1967; steps taken or envisaged to implement it. The re- 2. Expresses deep concern that the mechanism agreed port also detailed replies received from six Mem- upon by the parties in article XII of the Declaration of ber States, including Israel, covering various as- Principles on Interim Self-Government Arrangements pects of Assembly resolutions 58/91 to 58/95 of 1993 on the return of displaced persons has not [YUN 2003, pp. 509-514] pertaining to assistance to been complied with, and stresses the necessity for an Palestine refugees. In its reply, Israel said that it accelerated return of displaced persons; supported UNRWA’s humanitarian mission and 3. Endorses, in the meanwhile, the efforts of the recognized its contribution to the welfare of Pal- Commissioner-General of the United Nations Relief estinian refugees. It was concerned, however, and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as about what it regarded as the politicization of far as practicable, on an emergency basis, and as a tem- UNRWA operations and the need to take account porary measure, to persons in the area who are cur- of the campaign of terror being waged against rently displaced and in serious need of continued as- Israel’s citizens. Israel urged UNRWA to draw at-

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tention to the misuse of refugee camps by armed and property rights in Israel that would assist him in elements in violation of international law. the implementation of the present resolution; 5. Urges the Palestinian and Israeli sides, as agreed between them, to deal with the important issue of Pal- GENERAL ASSEMBLY ACTION estine refugees’ properties and their revenues within On 10 December [meeting 71], the General As- the framework of the final status negotiations of the sembly, on the recommendation of the Fourth Middle East peace process; Committee [A/59/470], adopted resolution 59/120 6. Requests the Secretary-General to report to the by recorded vote (161-6-9) [agenda item 75]. General Assembly at its sixtieth session on the imple- mentation of the present resolution. Palestine refugees’ properties and their revenues RECORDED VOTE ON RESOLUTION 59/120: The General Assembly, In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Argen- Recalling its resolutions 194(III) of 11 December tina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangla- desh,Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia andHer- 1948, 36/146 C of 16 December 1981 and all its subse- zegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, quent resolutions on the question, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Como- Taking note of the report of the Secretary-General ros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Demo- cratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Domini- submitted in pursuance of its resolution 58/94 of can Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, 9 December 2003, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Taking note also of the report of the United Nations Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jor- Conciliation Commission for Palestine for the period dan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic from 1 September 2003 to 31 August 2004, Republic, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechten- Recalling that the Universal Declaration of Human stein, Lithuania, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mo- Rights and the principles of international law uphold zambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nica- the principle that no one shall be arbitrarily deprived ragua, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Phil- of his or her property, ippines, Poland,Portugal,Qatar,Republic ofKorea, Republic ofMoldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Recalling in particular its resolution 394(V) of 14 De- Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, cember 1950, in which it directed the Conciliation Senegal, Serbia and Montenegro, Seychelles, Sierra Leone, Singapore, Commission, in consultation with the parties con- Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri cerned, to prescribe measures for the protection of the Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan,Thailand, The former Yugoslav Republic of Macedonia, Timor- rights, property and interests of the Palestine refu- Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, gees, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tan- Noting the completion of the programme of identifi- zania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. Against: Grenada, Israel, Marshall Islands, Micronesia, Palau, United cation and evaluation of Arab property, as announced States. by the Conciliation Commission in its twenty-second Abstaining: Cameroon, Côte d’Ivoire, Haiti, Honduras, Nauru, Papua progress report, and the fact that the Land Office had New Guinea, Tuvalu, Uzbekistan, Vanuatu. a schedule of Arab owners and file of documents de- fining the location, area and other particulars of Arab property, Expressing its appreciation for the work done to pre- Peacekeeping operations serve and modernize the existing records, including the land records, of the Conciliation Commission and the importance of such records for a just resolution of the plight of the Palestine refugees in conformity with In 2004, the United Nations Truce Supervision resolution 194(III), Organization (UNTSO), originally set up to moni- Recalling that, within the framework of the Middle tor the ceasefire called for by the Security Coun- East peace process, the Palestine Liberation Organiza- cil in resolution S/801 of 29 May 1948 [YUN 1947- tion and the Government of Israel agreed, in the Dec- 48, p. 427] in newly partitioned Palestine, contin- laration of Principles on Interim Self-Government Ar- ued its work. UNTSO’s unarmed military observ- rangements of 13 September 1993, to commence ers fulfilled evolving mandates—from supervis- negotiations on permanent status issues, including the important issue of the refugees, ing the original four armistice agreements 1. Reaffirms that the Palestine refugees are entitled between Israel and its neighbours (Egypt, Jor- to their property and to the income derived therefrom, dan, Lebanon, Syrian Arab Republic) to observ- in conformity with the principles of equity and justice; ing and monitoring other ceasefires, as well as 2. Requests the Secretary-General to take all appro- performing a number of additional tasks. During priate steps, in consultation with the United Nations the year, UNTSO personnel worked with the two Conciliation Commission for Palestine, for the protec- remaining UN peacekeeping forces in the Mid- tion of Arab property, assets and property rights in dle East—the United Nations Disengagement Israel; Observer Force (UNDOF) in the Golan Heights 3. Calls once again upon Israel to render all facilities and assistance to the Secretary-General in the imple- and the United Nations Interim Force in Leba- mentation of the present resolution; non (UNIFIL). 4. Calls upon all the parties concerned to provide On 5 October [S/2004/809], the Secretary- the Secretary-General with any pertinent information General informed the Council of his intention to in their possession concerning Arab property, assets appoint Brigadier General Clive Lilley (New Zea-

YUN04—4th proofs /OF July 6 2006 Middle East 505 land) as the Chief of Staff of UNTSO, replacing The first municipal elections in southern Leb- Major General Carl Dodd (Ireland). On 8 Octo- anon since the Israeli withdrawal in 2000 were ber [S/2004/810], the Council took note of his in- held in May 2004. tention. Staffan de Mistura continued to act as the Secretary-General’s Personal Representative for Southern Lebanon, responsible for coordinating Lebanon UN activities in the area. Lebanon became a focus of international at- Communications. In communications re- tention on 3 September 2004, when Lebanese ceived throughout the year [A/58/672-S/2004/6, President Emile Lahoud’s six-year term was ex- A/58/679-S/2004/15, A/58/690-S/2004/55, A/58/689- tended for another three years by a constitutional S/2004/54, A/58/691-S/2004/64, A/58/699-S/2004/83, amendment enacted by the parliament. It was A/58/700-S/2004/85, A/58/738-S/2004/217, A/58/747- widely contended in Lebanon that the extension S/2004/250, A/58/749-S/2004/260, A/58/757-S/2004/278, of President Lahoud’s term in office was the re- A/58/770-S/2004/297, A/58/775-S/2004/320, A/58/784- sult of pressure by the Government of the Syrian S/2004/355, A/58/786-S/2004/357, A/58/790-S/2004/373, Arab Republic. The day before, the Security S/2004/379, A/58/791-S/2004/381, A/58/805-S/2004/401, Council, in resolution 1559(2004) (see p. 506), A/58/813-S/2004/424, A/58/834-S/2004/457, A/58/836- had called for free and fair presidential elections S/2004/463, A/58/842-S/2004/494, A/58/845-S/2004/ in Lebanon, the full withdrawal of foreign forces 508, A/58/852-S/2004/574, A/58/853-S/2004/575, A/58/854- from the country and the disbanding and dis- S/2004/577, A/58/867-S/2004/633, A/58/872-S/2004/651, armament of militias. Lebanese Prime Minister A/58/875-S/2004/672, A/58/882-S/2004/705, A/59/362- Rafik Hariri resigned on 20 October, and was S/2004/734, A/59/392-S/2004/775, A/59/435-S/2004/818, replaced by Omar Karami, who formed a new A/59/535-S/2004/866, A/59/575-S/2004/911, A/59/577- Government on 26 October. Mr. Karami’s Gov- S/2004/922, A/59/594-S/2004/954, A/59/595-S/2004/956, ernment was widely perceived as favourably dis- A/59/596-S/2004/957, A/59/611-S/2004/971, A/59/658- posed towards a Syrian presence and influence in S/2004/1021], Lebanon detailed Israel’s violations Lebanon. of the Blue Line, the provisional border drawn by The Secretary-General appointed a Special the United Nations following the withdrawal of Envoy, Terje Roed-Larsen, to oversee the resolu- Israeli troops from southern Lebanon in 2000, tion’s implementation. Mr. Roed-Larsen was al- and consequently of Lebanese sovereignty and ready serving as the Special Coordinator for the territorial integrity. Middle East Peace Process and Personal Repre- In letters sent throughout the year [A/58/687- sentative of the Secretary-General. In monthly S/2004/61, A/58/837-S/2004/465, A/59/559-S/2004/890, briefings to the Security Council on the Palestine A/59/571-S/2004/906], Israel reported attacks car- question, including East Jerusalem, Mr. Roed- ried out by Hizbullah and other militias against Larsen and the Under-Secretary-General for Pol- Israeli military and civilian targets across the itical Affairs, Kieran Prendergast, covered Blue Line. Israel also alleged that Hizbullah was developments in southern Lebanon. supported by the Governments of Iran, Lebanon The paramilitary group Hizbullah continued and the Syrian Arab Republic. to carry out attacks against positions of the Israel On 29 December [A/59/659-S/2004/1027], Iran re- Defence Forces (IDF) in farmlands and targets in- futed Israel’s allegations and considered them a side Israel, and IDF continued to carry out attacks deliberate attempt to distract the international within Lebanon. The Shab’a farmlands had been community’s attention from Israel’s acts of ag- an area of contention since the withdrawal of gression that aggravated the situation in the Israeli forces from Lebanon in June 2000 [YUN Middle East. 2000, p. 465]. According to the Lebanese Govern- ment, Israel’s withdrawal from southern Leba- Relations with Syrian Arab Republic non was incomplete, as Israeli forces continued to On 30 August [A/58/879-S/2004/699], Lebanon occupy the Shab’a farms, while Israel held the informed the Secretary-General and the Security view that the area was occupied Syrian territory Council President of an initiative to submit to the and thus within the purview of Security Council Council a draft resolution, sponsored by France resolution 242(1967) [YUN 1967, p. 257] on the and the United States, urging the Syrian Arab Israeli-Syrian conflict, and not resolution 425 Republic to withdraw its troops from Lebanon, to (1978) [YUN 1978, p. 312], which dealt with Israel’s refrain from interfering in the Lebanese presi- withdrawal from Lebanon. However, Lebanon dential elections and to cease supporting terror- and the Syrian Arab Republic maintained that ist groups in Lebanon. That draft resolution, ac- the Shab’a farmlands were inside Lebanese cording to Lebanon, would set a dangerous territory. precedent, for it would coincide with the forth-

YUN04—4th proofs /OF July 6 2006 506 Political and security questions coming presidential elections and, thus, could thority of the Government of Lebanon throughout adversely affect the electoral process. The pres- Lebanon; ence of Syrian troops in Lebanon was linked to 2. Calls upon all remaining foreign forces to with- the 1989 Taif Agreement and other bilateral draw from Lebanon; 3. Calls for the disbanding and disarmament of all agreements between Lebanon and Syria. That Lebanese and non-Lebanese militias; presence was under the auspices and supervision 4. Supports the extension of the control of the Gov- of the competent institutions in each country. No ernment of Lebanon over all Lebanese territory; external entity was entitled to intervene with re- 5. Declares its support for a free and fair electoral gard to its modalities or to impose changes. Ac- process in Lebanon’s upcoming presidential elections cording to Lebanon, that presence served the conducted according to Lebanese constitutional rules common interests of the two countries. In addi- devised without foreign interference or influence; tion, the allegation that Syria was backing terror- 6. Calls upon all parties concerned to cooperate ist organizations in Lebanon defied the truth. fully and urgently with the Security Council for the full implementation of the present resolution and all Syria’s role in Lebanon had always been to relevant resolutions concerning the restoration of the support and strengthen the official security insti- territorial integrity, full sovereignty and political inde- tutions and thereby contribute to the mainte- pendence of Lebanon; nance of security. 7. Requests that the Secretary-General report to the On 1 September [A/58/883-S/2004/706], Syria Council within thirty days on the implementation by said that it rejected any discussion of the pro- the parties of the present resolution, and decides to re- posed draft resolution because, among other main actively seized of the matter. things, Lebanon itself rejected raising the issue. VOTE ON RESOLUTION 1559(2004): In favour: Angola, Benin, Chile, France, Germany, Romania, Spain, In addition, the issue was a domestic concern and United Kingdom, United States. did not constitute a threat to international peace Against: None. Abstaining:Algeria, Brazil, China, Pakistan, Philippines, Russian Feder- and security; consequently, the overall question ation. did not fall under the Council’s jurisdiction. Speaking before the vote, Lebanon said that SECURITY COUNCIL ACTION the draft resolution did not take into account the On 2 September [meeting 5028], the Security unique relations between Lebanon and Syria, for Council adopted resolution 1559(2004) by vote the Syrian Government had helped Lebanon to (9-0-6). The draft [S/2004/707] was submitted by maintain security and stability within its borders. France, Germany, the United Kingdom and the In addition, the draft dealt with a purely internal United States. issue, the presidential electoral process under way in Lebanon as the mandate of the current The Security Council, President would end on 23 November. The draft Recalling all its previous resolutions on Lebanon, in particular resolutions 425(1978) and 426(1978) of 19 text referred to support for free and fair presi- March 1978, resolution 520(1982) of 17September 1982 dential elections in Lebanon. Lebanon did not and resolution 1553(2004) of 29 July 2004, as well as believe that an issue such as that, which was an in- the statements by its President on the situation in Leb- ternal matter for a Member State, had ever been anon, in particular the statement of 18 June 2000 discussed in the Council. Lebanon’s parliamen- (S/PRST/2000/21), tarians had the right to take decisions pertaining Reiterating its strong support for the territorial integ- to elections. Syrian troops came to Lebanon in re- rity, sovereignty and political independence of Leba- sponse to the Government’s legitimate request. non within its internationally recognized borders, Those troops had been redeployed many times, Noting the determination of Lebanon to ensure the withdrawal of all non-Lebanese forces from Lebanon, and their presence was invisible. They contrib- Gravely concerned at the continued presence of armed uted to rebuffing Israel’s radical and excessive militias in Lebanon, which prevents the Government actions, which continued to include totally unjus- of Lebanon from exercising its full sovereignty over all tifiable and excessive acts of violence. Lebanese territory, Speaking after the vote, the United States said Reaffirming the importance of the extension of the that it believed that Lebanon should be allowed control of the Government of Lebanon over all Leba- to determine its own future and assume control nese territory, of its own territory, yet the Lebanese people were Mindful of the upcoming Lebanese presidential still unable to exercise their rights as a free peo- elections, and underlining the importance of free and ple to make those choices as a nation. Syria had fair elections according to Lebanese constitutional rules devised without foreign interference or influ- imposed its political will on Lebanon and had ence, compelled the cabinet and the parliament to 1. Reaffirms its call for the strict respect of the sov- amend its Constitution and abort the electoral ereignty, territorial integrity, unity and political inde- process by extending the term of the President by pendence of Lebanon under the sole and exclusive au- three years. It was clear that Lebanese parliamen-

YUN04—4th proofs /OF July 6 2006 Middle East 507 tarians had been pressured, and even threatened, or included non-uniformed military intelligence by Syria and its agents to make them comply. The officers, and whether they had all returned to United States supported the extension of the Syria. The Syrian Government indicated to the Lebanese Government’s control over all Leba- Secretary-General that a total of about 14,000 nese territory, including southern Lebanon, as Syrian troops remained in Lebanon, most of called for by the Council. The continued pres- whom were based near the Syrian border and not ence of armed Hizbullah militia elements, as well deep inside Lebanon. The Lebanese and Syrian as the presence of the Syrian military and Iranian Governments told the Secretary-General that the forces in Lebanon, hindered that goal. The timing of further withdrawals would be deter- United States believed that it was wrong for Syria mined by the security situation in Lebanon and to continue to maintain its forces in Lebanon and the region and through the joint military com- to continue to interfere in the Lebanese electoral mittee established pursuant to the Taif Agree- process. ment. Lebanon also informed him that the frag- Report of Secretary-General (October). In re- ile security situation in the region and its risks to sponse to Council resolution 1559(2004) (see Lebanon’s domestic stability made it difficult to above), the Secretary-General submitted an Oc- set a timetable for the full withdrawal of Syrian tober report on the implementation by the par- forces. Similarly, Syria informed the Secretary- ties of that resolution [S/2004/777]. General that it could not provide him with num- The Secretary-General, noting that the resolu- bers and timetables for any future withdrawal. tion called for the withdrawal of all remaining The Lebanese Government stated that its ulti- foreign forces from Lebanon, said that apart mate goal was the complete withdrawal of all for- from UNIFIL, the only significant foreign forces eign forces from its territory,and the two Govern- deployed in Lebanon as at 30 September were ments were discussing the nature and extent of Syrian. Syria had maintained forces in Lebanon the current deployment. since 1976. The troops were initially deployed at Resolution 1559(2004) also called for the dis- the request of the Lebanese President; that de- banding and disarmament of all Lebanese and ployment was transformed into an Arab Deter- non-Lebanese militias. As at 30 September, sev- rent Force sanctioned by the League of Arab eral armed elements remained in the southern States, at the request of the Government of Leba- part of Lebanon. The most significant remain- non, and was joined by troops from other Arab ing armed group was Hizbullah, and UN staff on countries. The Governments of both Lebanon the ground had not discerned any change in the and Syria had told the Secretary-General that the status of Hizbullah since the adoption of resolu- Syrian forces present in Lebanon—which at one tion 1559(2004). Regarding Palestinian armed point numbered 40,000, according to Lebanon— groups, Lebanon assured the Secretary-General were there at the invitation of Lebanon and by that Palestinian militants were not allowed to mutual agreement. Specifically, they were said to leave their refugee camps with weapons. UN per- be deployed pursuant to the 1989 TaifAgreement sonnel in the region indicated that Lebanon had and the 1991 Syria-Lebanon Treaty of Coopera- positioned its armed forces outside the camps, tion. As far as the Secretary-General was aware, apparently to enforce that policy. the two Governments had not, to date, concluded As at 30 September, the Lebanese Government an agreement to determine the strength and had not extended its control over all of its terri- duration of the presence of Syrian forces, as pro- tory, as called for in resolution 1559(2004). Al- vided for in both those instruments. though Lebanon held peaceful municipal elec- The Syrian Government had informed the tions in the south in May (see p. 511), the area United Nations that, in addition to uniformed around the Blue Line remained tense. Hizbullah armed forces, it also stationed in Lebanon a sub- operations frequently violated the Blue Line. It stantial presence of non-uniformed military in- was widely asserted that Hizbullah operations telligence officials that were usual components of were carried out independently of Lebanese gov- military units. Those officials, together with the ernment control or sanction. More than four uniformed forces, constituted the full Syrian years after the Israeli withdrawal from southern troop strength. The Syrian military and intelli- Lebanon, movement in the region remained re- gence apparatus in Lebanon had not been with- stricted. Hizbullah had established checkpoints drawn as of 30 September. However, according throughout southern Lebanon and movements to the two Governments, Syria had redeployed of Lebanese officials, UNIFIL personnel and dip- approximately 3,000 of its forces formerly de- lomats were hindered at times by armed ele- ployed south of Beirut. It had not been made ments. clear to the United Nations whether those On 3 September, the day after resolution redeployments were confined to regular troops 1559(2004) was adopted, the Lebanese Chamber

YUN04—4th proofs /OF July 6 2006 508 Political and security questions of Deputies approved a law that extended Pres- Communications (October). On 5 October ident Emile Lahoud’s term by three years, end- [S/2004/794 & Corr.1], Lebanon said that the ing on 23 November 2007.According to the Leba- Secretary-General’s October report (see above) nese Government, that law was adopted in did not take into account the historical responsi- accordance with Lebanese constitutional rules. bility borne by Israel for pursuing a policy of de- However, it was widely contended in Lebanon, struction in Palestine, Syria and Lebanon. Leba- and asserted by the sponsors of resolution non reiterated that the question of the departure 1559(2004), that the extension of the President’s of Syrian troops from the country was governed term was the result of direct intervention by the by bilateral relations and agreements between Syrian Government. It was widely alleged in Leb- Lebanon and Syria and depended on peace and anon that the Syrian military presence, including defence requirements and mutual security inter- a substantial component of non-uniformed intel- ests. Hizbullah was an occupation resistance ligence officials, afforded Syria considerable party to which the Lebanese provided political leverage over Lebanese domestic affairs, though protection. Its resistance would come to an end the Lebanese and Syrian Governments denied with the end of the residual occupation by Israel that Syria intervened in Lebanon’s internal of Lebanese territory. The extension of the Leba- affairs. nese President’s term took place in accordance Since October 2000, Israeli aircraft had regu- with the rules set out in the Lebanese Constitu- larly violated Lebanese sovereignty by flying into tion and it was the rule of the majority that deter- Lebanese airspace, at times crossing the Blue mined the results. Line. They frequently penetrated deep into Leb- Syria, on 6 October [S/2004/796], said that the anese territory and generated sonic booms over Lebanese and Syrian Governments could decide populated areas. Israel claimed that those over- to redeploy Syrian forces within Lebanon in case flights were carried out for security reasons. of need, and, following the decision of the joint Hizbullah anti-aircraft rounds had fallen across Lebanese-Syrian military committee, Syrian the Blue Line into Israel, causing Israeli troops were redeployed for a fifth time. In Syria’s casualties. view, the real cause of the troubled situation in The Secretary-General observed that the re- the region was the absence of a just and compre- quirements imposed on the various parties as set hensive peace, owing to Israel’s defiance of the out in resolution 1559(2004) had not been met. UN Charter, refusal to implement relevant The Lebanese and Syrian Governments had as- Council resolutions and continuing violations of sured him of their respect for the Council, and the Geneva Conventions in the Occupied Pales- that consequently they would not contest it. The tinian Territory. parties had provided the Secretary-General with On 1 October [A/59/425-S/2004/808], Turkey information and had given him certain assur- transmitted to the Secretary-General the final ances. The Secretary-General had requested communiqué of the annual coordination meet- from the parties a timetable for their full imple- ing of the Foreign Ministers of the States mem- mentation. As for the electoral process, it had bers of the Organization of the Islamic Confer- long been the Secretary-General’s belief that ence (New York, 28 September). The Ministers Governments and leaders should not hold office supported Lebanon in its efforts to complete the beyond prescribed term limits. Lebanese public liberation of all its remaining territories under opinion appeared to be divided over such issues Israeli occupation and urged the United Nations as the Syrian military presence in Lebanon, the to compel Israel to pay reparations for all the constitutional situation as it related to presiden- losses it had inflicted as a result of its aggression tial elections, and the continued existence of against Lebanon. They reaffirmed the right of armed groups not under the direct control of the Palestine refugees to return to their homes and Government. However, many were of the view rejected settling them in Lebanon. that full implementation of resolution 1559 (2004) would be in the interest not just of Leba- SECURITY COUNCIL ACTION non, but of Syria too, and of the region and the wider international community. The Secretary- On 19 October [meeting 5058], following consul- General said that it was time, 14 years after the tations among Security Council members, the end of hostilities and four years after the Israeli President made statement S/PRST/2004/36 on withdrawal from Lebanon, for all parties to set behalf of the Council: aside the remaining vestiges of the past. The The Security Council welcomes the report of the withdrawal of foreign forces and the disband- Secretary-General of 1 October 2004 on the imple- ment and disarmament of militias would, with fi- mentation of resolution 1559(2004) of 2 September nality, end that sad chapter of Lebanese history. 2004.

YUN04—4th proofs /OF July 6 2006 Middle East 509

The Council takes note of the letter dated 5 Octo- The Force headquarters, based in Naqoura, ber 2004 from the Permanent Representative of Leb- provided command and control, and liaison with anon to the United Nations addressed to the Lebanon and Israel, UNDOF, UNTSO and a num- Secretary-General and of the note verbale dated 6 October 2004 from the Permanent Mission of the ber of NGOs. Syrian Arab Republic to the United Nations ad- dressed to the President of the Security Council. Composition and deployment The Council reaffirms its strong support for the territorial integrity, sovereignty and political inde- As at 31 December 2004, UNIFIL comprised pendence of Lebanon within its internationally rec- 2,001 troops from France (204), Ghana (652), In- ognized borders. dia (650), Ireland (5), Italy (54), Poland (238) and The Council notes with concern that the require- Ukraine (198). The Force was assisted in its tasks ments set out in resolution 1559(2004) have not been by 51 UNTSO military observers. It employed 407 met, as reported by the Secretary-General. The Coun- civilian staff, of whom 104 were recruited inter- cil urges relevant parties to implement fully all provi- nationally and 303 locally. On 26 January sions of that resolution, and welcomes the Secretary- [S/2004/69], the Security Council took note of the General’s readiness to assist the parties in this regard. Secretary-General’s intention [S/2004/68] to ap- The Council appreciates the intention of the Secretary-General to keep the Council updated. It re- point Major General Alain Pellegrini (France) as quests that he continue to report to the Council on the Force Commander to replace Major General implementation of the resolution every six months. Lalit Mohan Tewari (India), who would complete his tour of duty on 17 February. Appointment. In a 14 December letter to the Since UNIFIL’s establishment, 246 members Council President [S/2004/974], the Secretary- had lost their lives: 79 as a result of firings or General said he had decided to appoint Terje bomb explosions, 105 in accidents and 62 from Roed-Larsen (Norway) as his Special Envoy for other causes. the implementation of Council resolution 1559 (2004) at the level of Under-Secretary-General. Activities On 16 December [S/2004/975], the Council took note of the Secretary-General’s intention. Report of Secretary-General (January). In a report on developments from 24 July 2003 to 19 UNIFIL January 2004 in the UNIFIL area of operations [S/2004/50], the Secretary-General said that the In 2004, the United Nations Interim Force in situation on the ground was marked by numerous Lebanon continued to discharge its mandate by incidents threatening the stability of southern observing, monitoring and reporting on devel- Lebanon, including renewed exchanges of fire in opments in its area of operation. The Security the Shab’a farms area and attacks across the Blue Council twice extended UNIFIL’s mandate in Line. UNIFIL remained focused on maintaining 2004, in January and in July, each time for a six- the ceasefire through mobile and air patrols month period. along the Blue Line, observation from fixed UNIFIL, established by Council resolution positions and contact with the parties. 425(1978) following Israel’s invasion of Lebanon [YUN 1978, p. 296], was originally entrusted with The Secretary-General expressed concern at confirming the withdrawal of Israeli forces, re- Israel’s persistent air violations of sovereign Leb- storing international peace and security, and as- anese territory. Hizbullah’s firing of anti-aircraft sisting Lebanon in regaining authority in south- rounds across the Blue Line was also a violation. ern Lebanon. Following a second invasion in Israel’s air strikes against Hizbullah positions 19 82 [YUN 1982, p. 428], the Council, in resolution added a serious new dimension to the cycle. He 511(1982) [ibid., p. 450], authorized the Force to added that Lebanon had demonstrated its carry out the additional task of providing protec- capacity to exercise its authority throughout tion and humanitarian assistance to the local southern Lebanon, particularly through the ac- population. With the withdrawal of IDF from tivities of the Joint Security Forces and the Leba- Lebanon in June 2000 [YUN 2000, p. 465], UNIFIL’s nese Army during periods of heightened re- operational role changed. A reinforcement was gional and local tension. He urged Lebanon to initiated to enable UNIFIL to monitor Israel’s exert control over the use of force on its entire withdrawal, which included extending its opera- territory and to prevent all attacks across the Blue tions into those territories previously occupied by Line. The Secretary-General recommended that IDF [ibid.]. In 2001, having fulfilled those respon- the Force’s mandate be extended for another six sibilities, UNIFIL began a reconfiguration and re- months, until 31 July 2004. deployment phase [YUN 2001, p. 453], which was By a 14 January letter [S/2004/35], Lebanon re- completed in December 2002 [YUN 2002, p. 478]. quested that UNIFIL’s mandate, due to expire at

YUN04—4th proofs /OF July 6 2006 510 Political and security questions

the end of the month, be extended for six of its mandate throughout its area of operation as out- months. lined in the report of the Secretary-General; 6. Reiterates its call upon the parties to continue to SECURITY COUNCIL ACTION (January) fulfil the commitments they have given to respect fully the withdrawal line identified by the United Nations, On 30 January [meeting 4907], the Security as set out in the report of the Secretary-General of 16 Council unanimously adopted resolution 1525 June 2000, to exercise the utmost restraint and to co- (2004). The draft [S/2004/78] was prepared in con- operate fully with the United Nations and the Force; sultations among Council members. 7. Condemns all acts of violence, expresses great concern about the serious breaches and the sea, land The Security Council, and continuing air violations of the withdrawal line, Recalling all its resolutions on Lebanon, in particu- and urges the parties to put an end to these violations, lar resolutions 425(1978) and 426(1978) of 19 March to refrain from any act or provocation that could fur- 1978 and 1496(2003) of 31July 2003, as well as the state- ther escalate the tension and to abide scrupulously by ments by its President on the situation in Lebanon, in their obligation to respect the safety of personnel of particular the statement of 18 June 2000 (S/PRST/ the Force and other United Nations personnel; 2000/21), 8. Supports the continued efforts of the Force to Recalling also the letter dated 18 May 2001 from the maintain the ceasefire along the withdrawal line President of the Security Council to the Secretary- through mobile patrols and observation from fixed po- General, sitions and through close contacts with the parties to Recalling further the conclusion of the Secretary- correct violations, resolve incidents and prevent the es- General that, as of 16 June 2000, Israel had withdrawn calation thereof; its forces from Lebanon in accordance with resolution 9. Welcomes the continued contribution of the Force 425(1978) and met the requirements defined in the re- to operational demining, applauds the progress in port of the Secretary-General of 22 May 2000, as well demining efforts noted by the Secretary-General in his as the conclusion of the Secretary-General that the report, encourages further assistance in mine action United Nations Interim Force in Lebanon had essen- by the United Nations to the Government of Lebanon tially completed two of the three parts of its mandate, in support of both the continued development of focusing now on the remaining task of restoring inter- its national mine action capacity and emergency national peace and security, demining activities in the south, commends donor Emphasizing the interim nature of the Force, countries for supporting these efforts through finan- Recalling its resolution 1308(2000) of 17 July 2000, cial and in-kind contributions and encourages further Recalling also its resolution 1325(2000) of 31 October international contributions, takes note of the commu- 2000, nication to the Government of Lebanon and the Force Recalling further the relevant principles contained in of maps and information on the location of mines, and the Convention on the Safety of United Nations and stresses the necessity to provide the Government of Associated Personnel of 9 December 1994, Lebanon and the Force with any additional maps and Responding to the request of the Government of Leb- records on the location of mines; anon, as stated in the letter dated 14January 2004 from 10. Requests the Secretary-General to continue con- the Permanent Representative of Lebanon to the sultations with the Government of Lebanon and other United Nations addressed to the Secretary-General, parties directly concerned on the implementation of Expressing its concern over the tensions and potential the present resolution and to report thereon to the for escalation as noted in the report of the Secretary- Council before the end of the present mandate as well General of 20 January 2004, as on the activities of the Force and the tasks presently 1. Endorses the report of the Secretary-General of carried out by the United Nations Truce Supervision 20 January 2004 on the United Nations Interim Force Organization; in Lebanon, and in particular its recommendation to 11. Looks forward to the early fulfilment of the man- renew the mandate of the Force for a further period of date of the Force; six months; 12. Stresses the importance of, and the need to 2. Decides to extend the present mandate until 31 achieve, a comprehensive, just and lasting peace in the July 2004; Middle East, based on all its relevant resolutions, in- 3. Reiterates its strong support for the territorial in- cluding its resolution 242(1967) of 22 November 1967 tegrity, sovereignty and political independence of Leb- and 338(1973) of 22 October 1973. anon within its internationally recognized boundaries; 4. Encourages the Government of Lebanon to con- By a 30 January letter [A/58/698-S/2004/81],Leb- tinue efforts to ensure the return of its effective anon welcomed the renewal of UNIFIL’s man- authority throughout the south, including the deploy- date. ment of Lebanese armed forces, stresses the impor- Report of Secretary-General (July). In re- tance of the Government of Lebanon continuing to ex- sponse to resolution 1525(2004) (above), the Sec- tend those measures, and calls upon the Government of Lebanon to do its utmost to ensure a calm environ- retary-General submitted a July report on ment throughout the south, including along the Blue UNIFIL covering 21 January to 21 July [S/2004/572 Line; & Add.1]. He said that the situation on the ground 5. Calls upon the parties to ensure that the Force is was characterized by numerous armed encoun- accorded full freedom of movement in the discharge ters across the Blue Line, the majority of which

YUN04—4th proofs /OF July 6 2006 Middle East 511 were between Hizbullah and IDF and some of ganizations operating in Lebanon. The presence which involved unknown or Palestinian actors. of a large number of minefields in UNIFIL’s area He described incidents which tended to set off a of operation, largely concentrated along the Blue chain of escalating exchanges, elevating tensions Line owing to comprehensive demining in other for periods of several days at a time. Air strikes sectors, remained a serious concern. UNIFIL con- and shooting incidents resulted in the deaths of tinued its demining activities, clearing over 800 one Israeli soldier, one Lebanese civilian and two mines and pieces of unexploded ordnance, and Palestinians. Israeli violations of Lebanese air- carried out mine-risk education for schoolchil- space continued, and on at least two occasions dren. In southern Lebanon, the United Nations Hizbullah directed anti-aircraft fire towards Is- collaborated with the Lebanese Government and raeli villages. While conditions of relative stabil- various donors on landmine clearance. ity were maintained in southern Lebanon, fric- The Secretary-General observed that the situa- tion between the parties posed a threatening tion in southern Lebanon in early 2004 was re- counterpoint. Israeli air incursions into Lebanon plete with contradictions. While both Israel and were on the whole less frequent than in the previ- Lebanon proclaimed their aspirations to avoid ous six months, although they were notable destabilization of the area, only one month for their intensity and the large number of air- passed without confrontation. Furthermore, sin- craft involved, and the number of instances of gle incidents often sparked a chain reaction of vi- Hizbullah anti-aircraft fire dropped signifi- olence to which both sides contributed. Impor- cantly. tantly, none of those events spiralled out of The first municipal elections in southern Leb- control, and for that the parties and UNIFIL, all anon since the Israeli withdrawal were held on 23 deserved credit. Nevertheless, the risk remained May. There was high voter turnout throughout that hostile acts would escalate and lead to con- the south, and polling was conducted in an or- flict. Further efforts were required to maintain derly manner, with no reports of intimidation or calm in the south and to halt violations of the major disturbances. The elections bolstered local Blue Line. The Secretary-General recom- governing structures and marked an advance in mended that the Force’s mandate be extended integration of the formerly occupied zone with for another six months, until 31 January 2005. the rest of the country. The vast majority of seats Communication. On 9 July [S/2004/560], Leba- were won by Hizbullah and the other dominant non requested that UNIFIL’s mandate be ex- political party in the south, Amal. tended for six months, as a reaffirmation of the The Lebanese Joint Security Force and the international community’s commitment to the Lebanese Army continued to operate in the areas restoration of Lebanon’s sovereignty over its vacated by Israel in 2000. The strength and activ- entire territory. ity of the Joint Security Force generally re- mained the same, apart from an increase in activ- SECURITY COUNCIL ACTION (July) ities in late March and early June, when tensions On 29 July [meeting 5012], the Council unani- heightened, and in May during the elections. mously adopted resolution 1553(2004). The draft The Force also intervened on several occasions to [S/2004/599] was prepared in consultations among control demonstrations and took other measures Council members. to restrict access to the technical fence. Neverthe- The Security Council, less, the Lebanese Government maintained the Recalling all its resolutions on Lebanon, in particu- position that, so long as there was no comprehen- lar resolutions 425(1978) and 426(1978) of 19 March sive peace with Israel, Lebanese armed forces 1978 and 1525(2004) of 30 January 2004 as well as the would not be deployed along the Blue Line. statements by its President on the situation in Leba- Under those circumstances, Hizbullah main- non, in particular the statement of 18 June 2000 tained its visible presence near the Line through (S/PRST/2000/21), Recalling also the letter dated 18 May 2001 from the its mobile and fixed positions and generally re- President of the Security Council to the Secretary- frained from interfering with UNIFIL. Israel and General, Hizbullah concluded an agreement, brokered by Recalling further the conclusion of the Secretary- German mediators, for a prisoner exchange, General that, as of 16 June 2000, Israel had withdrawn which took place on 29 and 30 January. its forces from Lebanon in accordance with resolution UNIFIL provided assistance to the Lebanese 425(1978) and met the requirements defined in the re- civilian population in the form of medical care, port of the Secretary-General of 22 May 2000, as well as the conclusion of the Secretary-General that the water projects and equipment and services for United Nations Interim Force in Lebanon had essen- schools, and supplied social services to the needy. tially completed two of the three parts of its mandate, It cooperated on humanitarian matters with the focusing now on the remaining task of restoring inter- Lebanese authorities, UN agencies and other or- national peace and security,

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Emphasizing the interim nature of the Force, and emergency demining activities in the south, com- Recalling its resolution 1308(2000) of 17 July 2000, mends donor countries for supporting these efforts Recalling also its resolution 1325(2000) of 31 October through financial and in-kind contributions and en- 2000, courages further international contributions, takes Recalling further the relevant principles contained in note of the communication to the Government of Leb- the Convention on the Safety of United Nations and anon and the Force of maps and information on the lo- Associated Personnel of 9 December 1994, cation of mines, and stresses the necessity to provide Responding to the request of the Government of the Government of Lebanon and the Force with any Lebanon to extend the mandate of the Force for a new additional maps and records on the location of mines; period of six months presented in the letter dated 10. Requests the Secretary-General to continue con- 9 July 2004 from the Permanent Representative of sultations with the Government of Lebanon and other Lebanon to the United Nations addressed to the parties directly concerned on the implementation of Secretary-General, the present resolution and to report thereon to the Expressing its concern over the tensions and potential Council before the end of the present mandate as well for escalation as noted in the report of the Secretary- as on the activities of the Force and the tasks presently General of 21 July 2004, carried out by the United Nations Truce Supervision 1. Endorses the report of the Secretary-General of Organization; 21 July 2004 on the United Nations Interim Force in 11. Looks forward to the early fulfilment of the man- Lebanon and in particular its recommendation to re- date of the Force; new the mandate of the Force for a further period of 12. Stresses the importance of, and the need to six months; achieve, a comprehensive, just and lasting peace in the 2. Decides to extend the present mandate until 31 Middle East, based on all its relevant resolutions, in- January 2005; cluding resolutions 242(1967) of 22 November 1967 3. Reiterates its strong support for the territorial in- and 338(1973) of 22 October 1973. tegrity, sovereignty and political independence of Leb- anon within its internationally recognized boundaries; Further developments. In a report on develop- 4. Encourages the Government of Lebanon to con- ments during the second half of 2004 [S/2005/36], tinue efforts to ensure the return of its effective the Secretary-General said that a relatively quiet authority throughout the south, including the deploy- but tense situation prevailed in UNIFIL’s area of ment of Lebanese armed forces, stresses the impor- operation, with a notable absence of armed ex- tance of the Government of Lebanon to continue to ex- tend these measures, and calls upon the Government changes between Hizbullah and IDF. There were of Lebanon to do its utmost to ensure a calm environ- two serious violations of the Blue Line involving ment throughout the south, including along the Blue rocket fire by unidentified, presumably Palestin- Line; ian, armed elements operating from southern 5. Calls upon the parties to ensure that the Force is Lebanon, but no casualties resulted. Israeli air in- accorded full freedom of movement in the discharge cursions into Lebanese airspace continued with of its mandate throughout its area of operation as out- little change and, in a new development, on one lined in the report of the Secretary-General; 6. Reiterates its call upon the parties to continue to occasion, Hizbullah launched a remotely piloted fulfil the commitments they have given to respect fully aerial vehicle, or drone, that penetrated Israeli the withdrawal line identified by the United Nations, airspace. There were, however, no instances of as set out in the report of the Secretary-General of 16 Hizbullah anti-aircraft fire across the Line. June 2000, to exercise utmost restraint and to co- UNIFIL continued to provide assistance to the operate fully with the United Nations and the Force; Lebanese civilian population. 7. Condemns all acts of violence, expresses great concern about the serious breaches and the sea, land and continuing air violations of the withdrawal line, Financing and urges the parties to put an end to these violations, In June 2004, the General Assembly consid- to refrain from any act or provocation that could fur- ered the performance report on UNIFIL’s budget ther escalate the tension and to abide scrupulously by for 1 July 2002 to 30 June 2003 [A/58/637], sub- the obligation to respect the safety of the personnel of mitted by the Secretary-General. Total expendi- the Force and other United Nations personnel; ture for the period amounted to $107,596,800, 8. Supports the continued efforts of the Force to maintain the ceasefire along the withdrawal line compared with a total apportionment of through mobile patrols and observation from fixed po- $112,376,000, resulting in an unencumbered bal- sitions and through close contacts with the parties to ance of $4,779,200, or 4.3 per cent. correct violations, resolve incidents and prevent the es- The Assembly also had before it the proposed calation thereof; UNIFIL budget for 1 July 2004 to 30 June 2005 9. Welcomes the continued contribution of the Force [A/58/659] in the amount of $94,741,200 and the to operational demining, applauds the successful com- overview report of the financing of UN peace- pletion of Operation Emirates Solidarity noted by the Secretary-General in his report, encourages further keeping operations: budget performance for the assistance in mine action by the United Nations to the period from 1 July 2002 to 30 June 2003 and bud- Government of Lebanon in support of both the contin- get for the period from 1 July 2004 to 30 June ued development of its national mine action capacity 2005 [A/58/705]. Also considered were the com-

YUN04—4th proofs /OF July 6 2006 Middle East 513 ments and recommendations of the Advisory 4. Stresses once again that Israel should strictly abide Committee on Administrative and Budgetary by General Assembly resolutions 51/233, 52/237, 53/227,54/267,55/180A, 55/180B, 56/214A, 56/214B Questions (ACABQ)onthebudgets[A/58/759/ Add.6]. and 57/325;

GENERAL ASSEMBLY ACTION 5. Expresses concern at the financial situation with regard to peacekeeping activities, in particular as re- On 18 June [meeting 91], the General Assembly, gards the reimbursements to troop contributors that on the recommendation of the Fifth (Adminis- bear additional burdens owing to overdue payments trative and Budgetary) Committee [A/58/828], by Member States of their assessments; adopted resolution 58/307 by recorded vote 6. Also expresses concern at the delay experienced by (131-2) [agenda item 145 (b)]. the Secretary-General in deploying and providing ade- quate resources to some recent peacekeeping missions, Financing of the United Nations in particular those in Africa; Interim Force in Lebanon 7. Emphasizes that all future and existing peace- The General Assembly, keeping missions shall be given equal and non- Having considered the reports of the Secretary- discriminatory treatment in respect of financial and General on the financing of the United Nations In- administrative arrangements; terim Force in Lebanon, the related reports of the Ad- visory Committee on Administrative and Budgetary 8. Also emphasizes that all peacekeeping missions Questions and the report of the Board of Auditors, shall be provided with adequate resources for the effective and efficient discharge of their respective Recalling Security Council resolution 425(1978) of 19 mandates; March 1978 regarding the establishment of the United Nations Interim Force in Lebanon and the subsequent 9. Reiterates its request to the Secretary-General to resolutions by which the Council extended the man- make the fullest possible use of facilities and equip- date of the Force, the latest of which was resolution ment at the United Nations Logistics Base at Brindisi, 1525(2004) of 30 January 2004, Italy, in order to minimize the costs of procurement for Recalling also its resolution S-8/2 of 21 April 1978 on the Force; the financing of the Force and its subsequent resolu- 10. Endorses the conclusions and recommendations tions thereon, the latest of which was resolution 57/325 contained in the report of the Advisory Committee on of 18 June 2003, Administrative and Budgetary Questions, requests the Reaffirming its resolutions 51/233 of 13 June 1997, Secretary-General to ensure their full implementa- 52/237 of 26 June 1998,53/227 of 8 June 1999,54/267 tion, and, with regard to the recommendation con- of 15 June 2000, 55/180 A of 19 December 2000, tained in paragraph 16 concerning the Secretary- 55/180 B of 14 June 2001, 56/214 A of 21 December General’s proposal to convert 45 individual special 2001, 56/214 B of 27 June 2002 and 57/325 of 18 June service agreements into 45 national posts, requests the 2003, Secretary-General to provide further information in Reaffirming also the general principles underlying order to take a decision on this question at its fifty- the financing of United Nations peacekeeping opera- ninth session; tions, as stated in General Assembly resolutions 1874 11. Requests the Secretary-General to take all neces- (S-IV) of 27 June 1963, 3101(XXVIII) of 11 December sary action to ensure that the Force is administered 1973 and 55/235 of 23 December 2000, with a maximum of efficiency and economy; Noting with appreciation that voluntary contributions 12. Also requests the Secretary-General, in order to have been made to the Force, reduce the cost of employing General Service staff, to Mindful of the fact that it is essential to provide the continue efforts to recruit local staff for the Force Force with the necessary financial resources to enable against General Service posts, commensurate with the it to fulfil its responsibilities under the relevant resolu- requirements of the Force; tions of the Security Council, 13 . Reiterates its request to the Secretary-General to 1. Takes note of the status of contributions to the take the measures necessary to ensure the full imple- United Nations Interim Force in Lebanon as at 15 mentation of paragraph 8 of its resolution 51/233, April 2004, including the contributions outstanding in paragraph 5 of its resolution 52/237, paragraph 11 of the amount of 77 million United States dollars, repre- its resolution 53/227, paragraph 14 of its resolution senting some 2 per cent of the total assessed contribu- 54/267, paragraph 14 of its resolution 55/180 A, para- tions, notes with concern that only twenty-eight Mem- graph 15 of its resolution 55/180 B, paragraph 13 of its ber States have paid their assessed contributions in resolution 56/214 A, paragraph 13 of its resolution full, and urges all other Member States, in particular 56/214 B and paragraph 14 of its resolution 57/325, those in arrears, to ensure payment of their outstand- stresses once again that Israel shall pay the amount of ing assessed contributions; 1,117,005 dollars resulting from the incident at Qana on 2. Expresses its appreciation to those Member States 18 April 1996, and requests the Secretary-General to that have paid their assessed contributions in full, and report on this matter to the General Assembly at its re- urges all other Member States to make every possible sumed fifty-ninth session; effort to ensure payment of their assessed contribu- tions to the Force in full; Financial performance report for the 3. Expresses deep concern that Israel did not comply period from 1 July 2002 to 30 June 2003 with General Assembly resolutions 51/233, 52/237, 14 . Takes note of the report of the Secretary-General 53/227, 54/267, 55/180 A, 55/180 B, 56/214 A, on the financial performance of the Force for the pe- 56/214 B and 57/325; riod from 1 July 2002 to 30 June 2003;

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Budget estimates for the period shall be set off against their apportionment, as pro- from 1 July 2004 to 30 June 2005 vided for in paragraph 16 above, their respective share 15. Decides to appropriate to the Special Account for of the retained surplus in the total amount of the United Nations Interim Force in Lebanon the 63,312,709 dollars, representing the net accumulated amount of 97,804,100 dollars for the period from surplus in the account of the Force from 1978 to 1993, 1 July 2004 to 30 June 2005, inclusive of 92,960,300 in accordance with the composition of groups set out dollars for the maintenance of the Force, 3,960,000 in paragraphs 3 and 4 of General Assembly resolution dollars for the support account for peacekeeping oper- 43/232 of 1 March 1989, as adjusted by the Assembly ations and 883,800 dollars for the United Nations Lo- in its resolutions 44/192 B of 21 December 1989, gistics Base; 45/244 of 21 December 1990, 46/194 of 20 December 1991, 47/218 A of 23 December 1992 and 51/218 B and Financing of the appropriation C of 18 December 1996, and taking into account the 16. Also decides to apportion among Member States scale of assessments for 1993 as set out in its resolution the amount of 97,804,100 dollars at a monthly rate of 46/221 A of 20 December 1991, as adjusted by the As- 8,150,341 dollars, in accordance with the levels set out sembly in its decision 47/456 of 23 December 1992 and in General Assembly resolution 55/235, as adjusted by its resolution 48/223 A of 23 December 1993; the Assembly in its resolution 55/236 of 23 December 22. Also decides that, for Member States that have not 2000 and updated in its resolution 58/256 of 23 De- fulfilled their financial obligations to the Force, there cember 2003, and taking into account the scale of as- shall be set off against their outstanding obligations sessments for 2004 and 2005, as set out in its resolution their respective share of the retained surplus in the to- 58/1 B of 23 December 2003, subject to a decision of tal amount of 63,312,709 dollars, in accordance with the Security Council to extend the mandate of the the scheme set out in paragraph 21 above; Force; 23. Emphasizes that no peacekeeping mission shall 17. Further decides that, in accordance with the pro- be financed by borrowing funds from other active visions of its resolution 973(X) of 15 December 1955, peacekeeping missions; there shall be set off against the apportionment among Member States, as provided for in paragraph 16 above, 24. Encourages the Secretary-General to continue to their respective share in the Tax Equalization Fund of take additional measures to ensure the safety and 5,313,100 dollars, comprising the estimated staff as- security of all personnel under the auspices of the sessment income of 4,685,400 dollars approved for United Nations participating in the Force; the Force, the prorated share of 577,900 dollars of the 25. Invites voluntary contributions to the Force in estimated staff assessment income approved for the cash and in the form of services and supplies accepta- support account and the prorated share of 49,800 dol- ble to the Secretary-General, to be administered, as ap- lars of the estimated staff assessment income approved propriate, in accordance with the procedure and prac- for the United Nations Logistics Base; tices established by the General Assembly; 18. Decides that, for Member States that have ful- 26. Decides to include in the provisional agenda of filled their financial obligations to the Force, there its fifty-ninth session, under the item entitled “Financ- shall be set off against their apportionment, as pro- ing of the United Nations peacekeeping forces in the vided for in paragraph 16 above, their respective share Middle East”, the sub-item entitled “United Nations of the unencumbered balance and other income in the Interim Force in Lebanon”. total amount of 15,788,700 dollars in respect of the fi- RECORDED VOTE ON RESOLUTION 58/307: nancial period ended 30 June 2003, in accordance with In favour: Afghanistan, Algeria, Andorra, Argentina, Armenia, Austra- the levels set out in General Assembly resolution lia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belarus, Bel- gium, Belize, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bul- 55/235, as adjusted by the Assembly in its resolution garia, Burkina Faso, Burundi, Cambodia, Canada, Central African 55/236 and its resolution 57/290 A of 20 December Republic, Chile, China, Colombia, Costa Rica, Côte d’Ivoire, Croatia, 2002, and taking into account the scale of assessments Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, for 2003, as set out in its resolutions 55/5 B of 23 De- Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, cember 2000 and 57/4 B of 20 December 2002; Honduras, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Ja- 19 . Also decides that, for Member States that have not pan, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Lesotho, Lib- fulfilled their financial obligations to the Force, there yan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Monaco, Morocco, Mozam- shall be set off against their outstanding obligations bique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicara- their respective share of the unencumbered balance gua,Niger,Nigeria, Norway,Oman,Pakistan, Panama, Peru,Poland,Por- and other income in the total amount of 15,788,700 tugal, Qatar, Republic of Korea, Republic of Moldova, Russian Federation, San Marino, Saudi Arabia, Senegal, Serbia and Montenegro, dollars in respect of the financial period ended 30 Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri June 2003, in accordance with the scheme set out in Lanka, Sudan, Sweden, Switzerland, Syrian Arab Republic, Thailand, paragraph 18 above; Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tan- 20. Further decides that the increase of 878,900 dol- zania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. lars in the estimated staff assessment income in respect Against: Israel, United States. of the financial period ended 30 June 2003 shall be added to the credits from the amount referred to in The Assembly adopted the fourth preambular paragraphs 18 and 19 above, and that the respective shares of Member States therein shall be applied in ac- paragraph and operative paragraphs 3, 4 and 13 cordance with the provisions of those paragraphs, as by a single recorded vote of 75 to 2, with 48 ab- appropriate; stentions. The Committee adopted those para- 21. Decides that, for Member States that have ful- graphs in the same manner, by 80 to 2, with 51 filled their financial obligations to the Force, there abstentions.

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On 23 December, the Assembly decided that tion adopted by the Supreme Council of the Gulf the item on the financing of UN peacekeeping Cooperation Council at its twenty-fifth session forces in the Middle East would remain for con- (Manama, Bahrain, 20-21 December) [A/59/663- sideration at its resumed fifty-ninth (2005) ses- S/2005/5]. The Supreme Council demanded that sion (decision 59/552). Israel withdraw from all the occupied Arab lands in Palestine and the occupied Golan Heights to the line of 4 June 1967 and from the Shab’a farms Syrian Arab Republic in southern Lebanon. In 2004, the General Assembly again called for Committee on Israeli Practices. In its annual Israel’s withdrawal from the Golan Heights in the report [A/59/381], the Committee on Israeli Prac- Syrian Arab Republic, which it had occupied tices stated that it had visited Damascus, Syria, since 1967. The area was effectively annexed by and Quneitra province, which bordered the oc- Israel when it extended its laws, jurisdiction and cupied area, where it met with Syrian authorities administration to the territory towards the end of and received information from witnesses with 19 81 [YUN 1981, p. 309]. personal knowledge of the human rights situa- Alleged Syrian interference in the Lebanese tion in the occupied Syrian Golan. Syrian govern- presidential elections in early September led to ment officials emphasized that the situation con- the adoption of Security Council resolution 1559 tinued to deteriorate and that Israel was still (2004) (see p. 506). pursuing its policy of settlement expansion and Israeli policies and measures affecting the hu- land expropriation. The population of 44 Jewish man rights of the population in the Golan settlements, which had 20,000 inhabitants, was Heights and other occupied territories were expected to increase by 15,000 settlers over the monitored by the Special Committee to Investi- next three years, following a decision by the gate Israeli Practices Affecting the Human Rights Israeli authorities on 1 January. Authorization al- of the Palestinian People and Other Arabs of ready had been granted for nine new settlements the Occupied Territories (Committee on Israeli and for extending the existing ones, which im- Practices) and were the subject of resolutions plied further expropriation of Arab land. The adopted by the Commission on Human Rights laying of anti-personnel landmines continued. (see PART T WO, Chapter III) and the Assembly. The Israeli authorities laid mines in 1,000 Communications. In a 5 January letter [A/58/670- dunums of land in the Quneitra area along the S/2004/1], the Syrian Arab Republic said that the Golan border strip and fenced them in with Israeli Government gave its authorization for the barbed wire, preventing farmers from cultivating construction of nine new settlements in the occu- their lands, and in the Harmon area, where trees pied Syrian Golan and for the expansion of had been uprooted. A matter of even greater con- existing Israeli settlements in that area. cern was the burial of nuclear waste close to the Syria, in a letter of 15 March [A/58/734- Syrian border. It was feared that the nuclear S/2004/205], stated that on 4 March the Israeli oc- waste, sealed in glass containers or reinforced cupation authorities proceeded to confiscate fur- cement chambers, would be affected by climatic ther territory in the occupied Syrian Golan. That conditions after 30 to 50 years and would start confiscation came on the heels of the Israeli Gov- leaking depleted uranium, with a catastrophic ernment’s approval of nine new settlement units, environmental impact. Israel had refused to al- the construction of 900 new houses and the allo- low its nuclear reactors to be monitored by the In- cation of funds for implementing the Israeli Gov- ternational Atomic Energy Agency, and it re- ernment’s plan to increase the number of Israeli fused to comply with relevant international settlers in the Syrian Golan and expand existing conventions. Syrian Arabs in the occupied Golan Israeli settlements. The residents of the occupied had to pay taxes at higher rates than Israeli set- Golan had declared a peaceful general strike for tlers for all kinds of purposes, including televi- 14 March as a day for defending the land and sion licence fees, housing, income and property, defying the occupation authorities. and health insurance. Markets were closed to On 22 June [A/58/846-S/2004/510], Syria, in re- Syrian farmers as a result of the Israeli occupa- sponse to allegations made by Israel that the tion, and there was a decline in agricultural pro- Syrian Government had trained, sponsored and duction. financed terrorist groups, said that the Israeli Reports of Secretary-General. On 9 Septem- claims constituted a distortion of the facts and an ber [A/59/338], the Secretary-General reported attempt to justify its terrorism against the Leba- that no reply had been received from Israel to his nese people and its occupation of Arab lands. August request for information on steps taken or Bahrain transmitted to the Secretary-General envisaged to implement General Assembly reso- the final communiqué and the Manama Declara- lution 58/100 [YUN 2003, p. 524], which called on

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Israel to desist from changing the physical char- tinue to apply to the Syrian territory occupied by Israel acter, demographic composition, institutional since 1967, and calls upon the parties thereto to respect structure and legal status of the Golan, and from and ensure respect for their obligations under those instruments in all circumstances; its repressive measures against the population. 4. Determines once more that the continued occupa- By a 12 October report [A/59/431], the tion of the Syrian Golan and its de facto annexation Secretary-General transmitted replies received constitute a stumbling block in the way of achieving a from five Member States, including Israel, in re- just, comprehensive and lasting peace in the region; sponse to his request for information on steps 5. Calls upon Israel to resume the talks on the Syrian taken or envisaged to implement Assembly reso- and Lebanese tracks and to respect the commitments lution 58/23 [YUN 2003, p. 524], which dealt with and undertakings reached during the previous talks; Israeli policies in the Syrian territory occupied 6. Demands once more that Israel withdraw from all since 1967, and resolution 58/22 [ibid., p. 484] on the occupied Syrian Golan to the line of 4 June 1967 in the transfer by some States of their diplomatic implementation of the relevant Security Council reso- missions to Jerusalem (see p. 473). lutions; 7. Calls upon all the parties concerned, the co- GENERAL ASSEMBLY ACTION sponsors of the peace process and the entire interna- On 1 December [meeting 64], the General As- tional community to exert all the necessary efforts to ensure the resumption of the peace process and its suc- sembly adopted resolution 59/33 [draft: A/59/L.40 cess by implementing Security Council resolutions & Add.1] by recorded vote (111-6-60) [agenda item 36]. 242(1967) and 338(1973); The Syrian Golan 8. Requests the Secretary-General to report to the The General Assembly, General Assembly at its sixtieth session on the imple- Having considered the item entitled “The situation in mentation of the present resolution. the Middle East”, RECORDED VOTE ON RESOLUTION 59/33: Taking note of the report of the Secretary-General, In favour: Afghanistan, Algeria, Argentina, Armenia, Azerbaijan, Baha- Recalling Security Council resolution 497(1981) of 17 mas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, December 1981, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Cambodia, Cape Verde, Central African Republic, Chile, China, Colombia, Côte Reaffirming the fundamental principle of the inad- d’Ivoire, Cuba, Democratic People’s Republic of Korea, Djibouti, Domi- missibility of the acquisition of territory by force, in nica, Ecuador, Egypt, El Salvador, Eritrea, Ethiopia, Fiji, Gabon, Gambia, accordance with international law and the Charter of Ghana, Guinea, Guinea-Bissau, Guyana, Honduras, India, Indonesia, the United Nations, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao Peo- ple’s Democratic Republic, Lebanon, Lesotho, Liberia, Libyan Arab Reaffirming once more the applicability of the Geneva Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauri- Convention relative to the Protection of Civilian Per- tius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Ne- sons in Time of War, of 12 August 1949, to the occu- pal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Philippines, Qatar, Russian Federation, Saint Lucia, pied Syrian Golan, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Si- Deeply concerned that Israel has not withdrawn from erra Leone, Singapore, Somalia, South Africa, Sri Lanka, Sudan, Suri- the Syrian Golan, which has been under occupation name, Swaziland, Syrian Arab Republic, Tajikistan, Thailand, Timor- since 1967, contrary to the relevant Security Council Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates, United Republic of Tanzania,Uzbekistan, and General Assembly resolutions, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe. Stressing the illegality of the Israeli settlement con- Against: Grenada, Israel, Marshall Islands, Micronesia, Palau, United struction and other activities in the occupied Syrian States. Golan since 1967, Abstaining: Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Burundi, Cameroon, Canada, Costa Rica, Croatia, Noting with satisfaction the convening in Madrid on Cyprus, Czech Republic, Denmark, Dominican Republic, Estonia, Fin- 30 October 1991 of the Peace Conference on the Mid- land, France, Georgia, Germany, Greece, Guatemala, Haiti, Hungary, Ice- dle East, on the basis of Security Council resolutions land, Ireland, Italy, Japan, Kenya, Latvia, Liechtenstein, Lithuania, Lux- 242(1967) of 22 November 1967, 338(1973) of 22 Octo- embourg, Malta, Monaco, Nauru, Netherlands, New Zealand, Norway, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Roma- ber 1973 and 425(1978) of 19 March 1978 and the for- nia, Samoa, San Marino, Serbia and Montenegro, Slovakia, Slovenia, mula of land for peace, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedo- Expressing grave concern over the halt in the peace nia, Tonga, Ukraine, United Kingdom, Uruguay, Vanuatu. process on the Syrian track, and expressing the hope that peace talks will soon resume from the point they On 10 December [meeting 71], the Assembly, had reached, under the agenda item on the report of the Com- 1. Declares that Israel has failed so far to comply mitteeonIsraeliPracticesandontheFourthCom- with Security Council resolution 497(1981); mittee’s recommendation [A/59/471], adopted res- 2. Also declares that the Israeli decision of 14Decem- ber 1981 to impose its laws, jurisdiction and adminis- olution 59/125by recorded vote (160-2-15) [agenda tration on the occupied Syrian Golan is null and void item 76]. and has no validity whatsoever, as confirmed by the Security Council in its resolution 497(1981), and calls The occupied Syrian Golan upon Israel to rescind it; The General Assembly, 3. Reaffirms its determination that all relevant provi- Having considered the report of the Special Commit- sions of the Regulations annexed to the Hague Con- tee to Investigate Israeli Practices Affecting the Human vention of 1907, and the Geneva Convention relative to Rights of the Palestinian People and Other Arabs of the Protection of Civilian Persons in Time of War, con- the Occupied Territories,

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Deeply concerned that the Syrian Golan, occupied 6. Calls once again upon Member States not to recog- since 1967, has been under continued Israeli military nize any of the legislative or administrative measures occupation, and actions referred to above; Recalling Security Council resolution 497(1981) of 17 7. Requests the Secretary-General to report to the December 1981, General Assembly at its sixtieth session on the imple- Recalling also its previous relevant resolutions, the mentation of the present resolution. most recent of which was resolution 58/100 of 9 De- RECORDED VOTE ON RESOLUTION 59/125: cember 2003, In favour: Afghanistan, Algeria, Andorra, Antigua and Barbuda, Argen- Having considered the report of the Secretary- tina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangla- desh,Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia andHer- General submitted in pursuance of resolution 58/100, zegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Recalling its previous relevant resolutions in which, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Como- inter alia, it called upon Israel to put an end to its occu- ros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Demo- cratic People’s Republic of Korea, Denmark, Djibouti, Dominica, Ecuador, pation of the Arab territories, Egypt,ElSalvador,Eritrea, Estonia,Ethiopia,Fiji, Finland, France, Gabon, Reaffirming once more the illegality of the decision of Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, 14December 1981 taken by Israel to impose its laws, ju- Guyana,Honduras,Hungary,Iceland,India,Indonesia,Iran,Ireland,Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People’s risdiction and administration on the occupied Syrian Democratic Republic, Latvia, Lebanon, Lesotho, Libyan Arab Golan, which has resulted in the effective annexation Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malay- of that territory, sia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mon- golia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, Reaffirming that the acquisition of territory by force New Zealand, Nicaragua, Nigeria, Norway, Oman, Pakistan, Panama, Pa- is inadmissible under international law, including the pua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Charter of the United Nations, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Reaffirming also the applicability of the Geneva Con- Tomeand Principe, Saudi Arabia, Senegal, Serbia and Montenegro, Sey- vention relative to the Protection of Civilian Persons in chelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South Af- Time of War, of 12 August 1949, to the occupied rica, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzer- land, Syrian Arab Republic, Tajikistan, Thailand, The former Yugoslav Syrian Golan, Republic ofMacedonia, Timor-Leste, Togo,Trinidadand Tobago,Tunisia, Bearing in mind Security Council resolution 237 Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania,Uruguay, Uzbekistan, Venezuela, (1967) of 14 June 1967, Viet Nam, Yemen, Zambia, Zimbabwe. Welcoming the convening at Madrid of the Peace Against: Israel, Palau. Conference on the Middle East on the basis of Security Abstaining: Albania, Cameroon, Côte d’Ivoire, Dominican Republic, Council resolutions 242(1967) of 22 November 1967 Equatorial Guinea, Grenada, Haiti, Kenya, Marshall Islands, Micronesia, and 338(1973) of 22 October 1973 aimed at the realiza- Nauru, Tonga, Tuvalu, United States, Vanuatu. tion of a just, comprehensive and lasting peace, and expressing grave concern about the stalling of the UNDOF peace process on all tracks, The mandate of the United Nations Disen- 1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian gagement Observer Force, established by Golan, in particular Security Council resolution Security Council resolution 350(1974) [YUN 1974, 497(1981), in which the Council, inter alia, decided p. 205] to supervise the observance of the ceasefire that the Israeli decision to impose its laws, jurisdiction between Israel and the Syrian Arab Republic in and administration on the occupied Syrian Golan was the Golan Heights and ensure the separation of null and void and without international legal effect, their forces, was renewed twice in 2004, in June and demanded that Israel, the occupying Power, re- and December, each time for a six-month period. scind forthwith its decision; 2. Also calls upon Israel to desist from changing the UNDOF maintained an area of separation, physical character, demographic composition, institu- which was some 80 kilometres long and varied in tional structure and legal status of the occupied Syrian width between approximately 12.5 kilometres in Golan and in particular to desist from the establish- the centre to less than 400 metres in the extreme ment of settlements; south. The area of separation was inhabited and 3. Determines that all legislative and administrative policed by the Syrian authorities, and no military measures and actions taken or to be taken by Israel, the forces other than UNDOF were permitted within occupying Power, that purport to alter the character it. and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of interna- As at 26 November, UNDOF comprised 1,039 tional law and of the Geneva Convention relative to the troops from Austria (375), Canada (192), Japan Protection of Civilian Persons in Time of War, of 12 (30), Poland (349), Nepal (2) and Slovakia (91). It August 1949, and have no legal effect; was assisted by 77 UNTSO military observers. 4. Calls upon Israel to desist from imposing Israeli The Secretary-General appointed Major Gen- citizenship and Israeli identity cards on the Syrian citi- eral Bala Nanda Sharma (Nepal) as Force Com- zens in the occupied Syrian Golan, and from its repres- sive measures against the population of the occupied mander [S/2004/30] to succeed Major General Syrian Golan; Franciszek Gagor (Poland), who completed his 5. Deplores the violations by Israel of the Geneva tour of duty on 16 January. The Security Council Convention relative to the Protection of Civilian Per- took note of the Secretary-General’s intention on sons in Time of War, of 12 August 1949; 14 January [S/2004/31].

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Reports of Secretary-General. The Secretary- 3. Requests the Secretary-General to submit, at the General reported to the Security Council on end of this period, a report on developments in the sit- uation and the measures taken to implement resolu- UNDOF activities between 9 December 2003 and tion 338(1973). 21 June 2004 [S/2004/499] and between 22 June and 7 December 2004 [S/2004/948]. Both reports On 15 December [meeting 5101], the Council noted that the UNDOF area of operation re- unanimouslyadoptedresolution1578(2004).The mained calm, except in the Shab’a farms area (see draft [S/2004/963] was prepared during consulta- p. 509). UNDOF continued in 2004 to supervise tions among Council members. the area of separation between Israeli and Syrian troops in the Golan Heights, to ensure that no The Security Council, military forces of either party were deployed Having considered the report of the Secretary- General of 7 December 2004 on the United Nations there, by means of fixed positions and patrols. Disengagement Observer Force, and reaffirming its The Force, accompanied by liaison officers from resolution 1308(2000) of 17 July 2000, the party concerned, carried out fortnightly in- 1. Calls upon the parties concerned to implement spections of equipment and force levels in the immediatelyitsresolution338(1973)of22October1973; area of limitation. As in the past, both sides de- 2. Decides to renew the mandate of the United nied inspection teams access to some of their po- Nations Disengagement Observer Force for a period of sitions and imposed restrictions on the Force’s six months, that is, until 30 June 2005; freedom of movement. Mines, especially in the 3. Requests the Secretary-General to submit, at the area of separation, continued to pose a threat to end of this period, a report on developments in the sit- uation and the measures taken to implement resolu- UNDOF personnel and local inhabitants. The tion 338(1973). Force assisted the International Committee of the Red Cross with mail facilities and the passage After the adoption of each resolution, the Pres- of persons through the area of separation, and ident, following consultations among Council supported the United Nations Children’s Fund members, made identical statements S/PRST/ in mine-awareness activities. 2004/23 [meeting 4998] on 29 June and S/PRST/ The Secretary-General observed that the situa- 2004/47 [meeting 5101] on 15 December, on behalf tion in the Middle East continued to be very tense of the Council: and was likely to remain so, unless and until a In connection with the resolution just adopted on comprehensive settlement covering all aspects of the renewal of the mandate of the United Nations the problem could be reached. He hoped that de- Disengagement Observer Force, I have been author- termined efforts would be made by all concerned ized to make the following complementary state- to tackle the problem in all its aspects, with a view ment on behalf of the Security Council: to arriving at a just and durable peace settlement, As is known, the report of the Secretary- as called for by Council resolution 338(1973) [YUN General on the United Nations Disengagement 1973 , p . 213 ] . Stating that he considered the Force’s Observer Force states in paragraph 12: “. . . the situation in the Middle East is very tense and is continued presence in the area to be essential, the likely to remain so, unless and until a compre- Secretary-General, with the agreement of both hensive settlement covering all aspects of the Israel and Syria, recommended in the June re- Middle East problem can be reached”. That port that UNDOF’s mandate be extended until 31 statement of the Secretary-General reflects the December 2004 and in the December report, view of the Security Council. until 30 June 2005. Financing SECURITY COUNCIL ACTION Reports of Secretary-General and ACABQ. On 29 June [meeting 4998], the Council unani- On 18 December 2003, the Secretary-General mously adopted resolution 1550(2004). The draft presented a performance report on UNDOF’s [S/2004/514] was prepared in consultations among budget for 1 July 2002 to 30 June 2003 [A/58/641]. Council members. Expenditures totalled $38,975,700, against an The Security Council, apportionment of $38,991,800, resulting in an Having considered the report of the Secretary- unencumbered balance of $16,100. On 22 De- General of 21 June 2004 on the United Nations Disen- cember, he submitted UNDOF’s budget for 1 July gagement Observer Force, and reaffirming its resolu- 2004 to 30 June 2005 [A/58/662 & Corr.1], totalling tion 1308(2000) of 17 July 2000, $40,902,100. On 9 February 2004, he submitted 1. Calls upon the parties concerned to implement an overview report on the financing of UN immediately Security Council resolution 338(1973) of 22 October 1973; peacekeeping operations: budget performance 2. Decides to renew the mandate of the United for the period from 1 July 2002 to 30 June 2003 Nations Disengagement Observer Force for a period of and the budget for 1 July 2004 to 30 June 2005 six months, that is, until 31 December 2004; [A/58/705].

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ACABQ’s comments and recommendations on discriminatory treatment in respect of financial and the two December reports were contained in an administrative arrangements; 7. that all peacekeeping missions April 2004 report [A/58/759/Add.7]. Also emphasizes shall be provided with adequate resources for the effective and efficient discharge of their respective GENERAL ASSEMBLY ACTION mandates; On 18 June [meeting 91], the General Assembly, 8. Reiterates its request to the Secretary-General to on the recommendation of the Fifth Committee make the fullest possible use of facilities and equip- [A/58/827], adopted resolution 58/306 without ment at the United Nations Logistics Base at Brindisi, vote [agenda item 145 (a)]. Italy, in order to minimize the costs of procurement for the Force; Financing of the United Nations 9. Endorses the conclusions and recommendations Disengagement Observer Force contained in the report of the Advisory Committee on The General Assembly, Administrative and Budgetary Questions, except those Having considered the reports of the Secretary- in paragraphs 16 and 20, and requests the Secretary- General on the financing of the United Nations Disen- General to ensure their full implementation; gagement Observer Force and the related reports of 10. Authorizes the Secretary-General to fund the 14 the Advisory Committee on Administrative and Bud- contractual posts mentioned in paragraph 10 of his re- getary Questions, port on the budget for the Force for the period from Recalling Security Council resolution 350(1974) of 31 1 July 2004 to 30 June 2005 through general tempo- May 1974 regarding the establishment of the United rary assistance, without prejudice to a future discus- Nations Disengagement Observer Force and the subse- sion and decision on the proposal, and requests the quent resolutions by which the Council extended the Secretary-General to resubmit with full justification mandate of the Force, the latest of which was resolu- this request in the context of the budget proposal for tion 1520(2003) of 22 December 2003, the period from 1 July 2005 to 30 June 2006, taking Recalling also its resolution 3211 B (XXIX) of 29 No- into account the recommendation of the Advisory vember 1974 on the financing of the United Nations Committee contained in paragraph 19 of its report; Emergency Force and of the United Nations Disen- 11. Requests the Secretary-General to take all neces- gagement Observer Force, and its subsequent resolu- sary action to ensure that the Force is administered tions thereon, the latest of which was resolution 57/324 with a maximum of efficiency and economy; of 18 June 2003, 12. Also requests the Secretary-General, in order to Reaffirming the general principles underlying the reduce the cost of employing General Service staff, to financing of United Nations peacekeeping operations, continue efforts to recruit local staff for the Force as stated in General Assembly resolutions 1874(S-IV) against General Service posts, commensurate with the of 27 June 1963, 3101(XXVIII) of 11 December 1973 requirements of the Force; and 55/235 of 23 December 2000, Financial performance report for the Mindful of the fact that it is essential to provide the period from 1 July 2002 to 30 June 2003 Force with the necessary financial resources to enable 13 . Takes note of the report of the Secretary-General it to fulfil its responsibilities under the relevant resolu- on the financial performance of the Force for the pe- tions of the Security Council, riod from 1 July 2002 to 30 June 2003; 1. Takes note of the status of contributions to the United Nations Disengagement Observer Force as at Budget estimates for the period 15 April 2004, including the contributions outstanding from 1 July 2004 to 30 June 2005 in the amount of 17.4 million United States dollars, 14 . Decides to appropriate to the Special Account for representing some 1 per cent of the total assessed con- the United Nations Disengagement Observer Force tributions, notes with concern that only thirty-eight the amount of 43,033,400 dollars for the period from Member States have paid their assessed contributions 1 July 2004 to 30 June 2005, inclusive of 40,902,100 in full, and urges all other Member States, in particu- dollars for the maintenance of the Force, 1,742,400 lar those in arrears, to ensure the payment of their out- dollars for the support account for peacekeeping oper- standing assessed contributions; ations and 388,900 dollars for the United Nations Lo- 2. Expresses its appreciation to those Member States gistics Base; which have paid their assessed contributions in full; Financing of the appropriation 3. Expresses concern at the financial situation with 15. Decides also to apportion among Member States regard to peacekeeping activities, in particular as re- the amount of 43,033,400 dollars at a monthly rate of gards the reimbursements to troop contributors that 3,586,116 dollars, in accordance with the levels set out bear additional burdens owing to overdue payments in General Assembly resolution 55/235, as adjusted by by Member States of their assessments; the Assembly in its resolution 55/236 of 23 December 4. Urges all Member States to make every possible 2000 and updated in its resolution 58/256 of 23 De- effort to ensure payment of their assessed contribu- cember 2003, and taking into account the scale of as- tions to the Force in full; sessments for 2004 and 2005, as set out in its resolution 5. Expresses concern at the delay experienced by the 58/1 B of 23 December 2003, subject to a decision of Secretary-General in deploying and providing ade- the Security Council to extend the mandate of the quate resources to some recent peacekeeping missions, Force; in particular those in Africa; 16. Decides further that, in accordance with the pro- 6. Emphasizes that all future and existing peace- visions of its resolution 973(X) of 15 December 1955, keeping missions shall be given equal and non- there shall be set off against the apportionment among

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Member States, as provided for in paragraph 15 above, tions in accordance with the scheme set out in para- their respective share in the Tax Equalization Fund of graph 17 above; 1,451,700 dollars, comprising the estimated staff as- 19 . Decides further that the increase of 86,600 dol- sessment income of 1,175,400 dollars approved for the lars in the estimated staff assessment income in respect Force, the prorated share of 254,300 dollars of the esti- of the financial period ended 30 June 2003 shall be mated staff assessment income approved for the added to the credits from the amount referred to in support account and the prorated share of 22,000 dol- paragraphs 17 and 18 above and that the respective lars of the estimated staff assessment income approved shares of Member States therein shall be applied in ac- for the United Nations Logistics Base; cordance with the provisions of those paragraphs, as 17. Decides that, for Member States that have ful- appropriate; filled their financial obligations to the Force, there 20. Emphasizes that no peacekeeping mission shall shall be set off against their apportionment, as pro- be financed by borrowing funds from other active vided for in paragraph 15 above, their respective share peacekeeping missions; of the unencumbered balance and other income in the total amount of 1,891,100 dollars in respect of the fi- 21. Encourages the Secretary-General to continue to nancial period ended 30 June 2003, in accordance with take additional measures to ensure the safety and the levels set out in General Assembly resolution security of all personnel under the auspices of the 55/235, as adjusted by the Assembly in its resolution United Nations participating in the Force; 55/236 and its resolution 57/290 A of 20 December 22. Invites voluntary contributions to the Force in 2002, and taking into account the scale of assessments cash and in the form of services and supplies accepta- for 2003, as set out in its resolutions 55/5 B of 23 De- ble to the Secretary-General, to be administered, as ap- cember 2000 and 57/4 B of 20 December 2002; propriate, in accordance with the procedure and prac- 18. Decides also that, for Member States that have tices established by the General Assembly; not fulfilled their financial obligations to the Force, 23. Decides to include in the provisional agenda of their respective share of the unencumbered balance its fifty-ninth session, under the item entitled “Financ- and other income in the total amount of 1,891,100 dol- ing of the United Nations peacekeeping forces in the lars in respect of the financial period ended 30 June Middle East”, the sub-item entitled “United Nations 2003 shall be set off against their outstanding obliga- Disengagement Observer Force”.

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