Concluding its work for the current session, the Fourth Committee (Special Political and Decolonization) this afternoon took action on nine draft resolutions — approving four texts relating to the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and five on Israeli practices in territories occupied since 1967.

The Committee approved, by a vote of 154 in favour to 1 against (Israel) with 9 abstentions (Albania, Cameroon, Haiti, Honduras, Federated States of Micronesia, Marshall Islands, Palau, Papua New Guinea, United States), a draft on assistance to Palestinian refugees, by which the Assembly would extend UNRWA’s mandate until June 2008, and call on all donors to make the most generous efforts possible to meet the Agency’s anticipated needs, including those mentioned in recent emergency appeals. The Assembly would also note with regret that repatriation or compensation of the refugees has not yet been effected.

An orally revised text on the Agency’s operations, approved by a recorded vote of 152 in favour to 5 against (Israel, Marshall Islands, Federated States of Micronesia, Palau, United States) with 6 abstentions (Albania, Cameroon, Haiti, Honduras, Nicaragua, Papua New Guinea),would have the Assembly express its appreciation for the tireless efforts of the Agency in light of increasingly difficult conditions. The Assembly would also call on Israel to take effective measures to ensure the safety of the Agency’s personnel and the protection of its institutions and facilities, as well as to cease obstructing the work of UNRWA personnel and to speedily compensate the Agency for damage to its property.

Other UNRWA-related drafts approved today, by recorded votes, included a text on persons displaced as a result of the June 1967 and subsequent hostilities and Palestine refugees’ properties and their revenues.

Taking up draft resolutions on Israeli practices, the Committee approved an orally revised text on Israeli settlements, by which the Assembly would reaffirm that those settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan, are illegal and an obstacle to peace and economic and social development. The Assembly would also reiterate its demand for the complete cessation of all Israeli settlement activities in the occupied Palestinian territory, and call for the full implementation of the relevant Security Council resolutions.

In addition, the Assembly would demand that Israel comply with its legal obligations under international law, as mentioned in the 9 July advisory opinion of the International Court of Justice. It would also reiterate its calls for the prevention of all acts of violence by Israeli settlers against Palestinian civilians and properties, particularly in the light of recent developments. The text was approved by a vote of149 in favour to 5 against (Australia, Israel, Marshall Islands, Federated States of Micronesia, United States) with 9 abstentions (Albania, Cameroon, Dominican Republic, Haiti, Kenya, Nicaragua, Tonga, Uganda, Uzbekistan).

The Committee also approved a text, as orally revised, on Israeli practices affecting the human rights of the Palestinian people in the occupied Palestinian territory, including Jerusalem, by a vote of142 in favour to 6 against (Australia, Israel, Marshall Islands, Federated States of Micronesia, Palau, United States) with 15 abstentions.

By the text, the Assembly would demand that Israel, the occupying Power, cease immediately all practices and actions taken in violation and in grave breach of the Fourth Geneva Convention of 1949 on the protection of civilians in wartime, including extrajudicial executions. It would also condemn all acts of terror, provocation, incitement and destruction, especially the excessive use of force by Israeli forces against Palestinian civilians, as well as express grave concern at the use of suicide bombing attacks against Israeli civilians, resulting in extensive loss of life and injury.

The other drafts on Israeli practices, also approved by a recorded vote, were on: the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (annex V); the applicability of the Geneva Convention (annex VI); and the occupied Syrian Golan (annex IX).

The Committee Chairman, Kyaw Tint Swe (Myanmar), made concluding remarks.

Explanations of vote and general statements were made by the representatives of the Netherlands (on behalf of the European Union), Venezuela, Indonesia, Guinea, Cameroon, Cuba, Mali, Australia, Haiti, Canada and Syria. The observer of Palestine also spoke.

With today’s meeting, the Fourth Committee completed its work for the fifty-ninth session of the General Assembly.

Background

The Fourth Committee (Special Political and Decolonization) met this afternoon to take action on draft resolutions relating to the operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and to the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories.

The Committee will first take action on draft resolutionson: assistance to Palestine refugees (document A/C.4.59/L.10); persons displaced as a result of June 1967 and subsequent hostilities (document A/C.4/59/L.11); on United Nations Relief and Works Agency for Palestine Refugees in the Near East’s (UNRWA) operations (document A/C.4/59/L.12/Rev.1); and on Palestine refugees’ properties and their revenues (document A/C.4/59/L.13).

The Committee will then take action on: the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (document A/C.4/59/L.14); on the applicability of the Geneva Convention to the Protection of Civilian Persons in Time of War to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories (document A/C.4/59/L.15/Rev.1); on Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan (document A/C.4/59/L.16/Rev.1); on Israeli practices affecting the human rights of the Palestinian people and other Arabs of the Occupied Palestinian Territories, including East Jerusalem (document A/C.4/59/L.17/Rev.1); and on the occupied Syrian Golan (document A/C.4/59/L.18).

A draft on Operations of United Nations Relief and Works Agency for Palestine Refugees in the Near East (document A/C.4/59/L.12/Rev.1) would have the Assembly express its appreciation to the Commissioner-General of UNRWA, as well as to all Agency staff, for their tireless efforts and valuable work, particularly in light of the increasingly difficult conditions throughout the past year. The Assembly would also express its appreciation to the Agency’s Advisory Commission and request it to keep the General Assembly informed of its activities, including the full implementation of decision 48/417.

Further, the Assembly would take note with appreciation of the report of the Working Group on the Financing of UNRWA for its efforts to assist in ensuring the Agency’s financial security. It would commend the continuing efforts of the Commissioner-General to increase the budgetary transparency and efficiency of the Agency. It would also acknowledge the support of the host governments for the Agency, and welcome the convening, in June 2004, of the Geneva conference by the Agency and the Swiss Agency for Development and Cooperation to increase support for UNRWA.

The Assembly would, by other terms, express concern about the temporary relocation of UNRWA’s headquarters international staff from GazaCity and the disruption of operations at the headquarters. It would call upon Israel to comply fully with the provisions of the 1949 Geneva Convention on protection of civilians in time of war. The Assembly would also call upon the Government of Israel to speedily compensate the Agency for damage to its property, and also call upon Israel to cease obstructing the movement of UNRWA personnel, vehicles and supplies, and to cease the levying of extra fees and charges.

By other terms of the text, the Assembly would call upon Israel to abide by Articles 100, 104 and 105 of the United Nations Charter, and by the Convention on the Privileges and Immunities of the United Nations and the Convention on the Safety of United Nations and Associated Personnel, in order to ensure the safety of UNRWA personnel, the protection of its institutions and the security of its facilities in the occupied Palestinian territory.

Further, the Assembly would request the UNRWA Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the occupied Palestinian territory. Affirming that the functioning of the Agency remains essential in all fields of operation, the Assembly would note the success of UNRWA’s microfinance and microenterprise programmes, and call upon the Agency, in close cooperation with the relevant agencies, to continue to contribute towards the development of the economic and social stability of the Palestine refugees in all fields of operation.

By further terms, the Assembly would reiterate its request to the Commissioner-General to proceed with the modernization of UNRWA’S archives through the Palestine Refugee Records Project. In addition, the Assembly would reiterate its previous appeals to all States, specialized agencies and non-governmental organizations to continue to augment the special allocations for grants and scholarships for higher education to Palestine refugees, in addition to their contributions to the Agency’s regular budget, and to contribute towards the establishment of vocational training centres for Palestine refugees. It would request the Agency to act as the recipient and trustee for the special allocations for grants and scholarships.

The Assembly would urge all States, specialized agencies and non-governmental organizations to continue and increase their contributions to the Agency so as to ease the ongoing financial constraints, exacerbated by the current humanitarian situation on the ground, and to support its valuable work in assistance to the Palestine refugees.

Also before the Committee was a draft resolution on Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan (document A/C.4/59/L.16/Rev.1), by which the General Assembly would reaffirm that those settlements are illegal and an obstacle to peace and economic and social development. It would also call upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to those occupied territories, and to abide scrupulously by the provision of the Convention, in particular article 49.

Further by the text, the Assembly would reiterate its demand for the complete cessation of all Israeli settlement activities in the occupied Palestinian territory, and call for the full implementation of the relevant Security Council resolutions. It would also demand that Israel comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice and as demanded by the General Assembly in its resolution ES-10/15 of 20 July 2004.

By other terms, the Assembly would stress the need for full implementation of Security Council resolution 904 (1994), in which, among other things, the Council called upon Israel to continue to take and implement measures, including confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers, and called for measures to guarantee the safety and protection of the Palestinian civilians in the occupied territory. The Assembly would reiterate its calls for the prevention of all acts of violence by Israeli settlers against Palestinian civilians and property, particularly in light of recent developments.

The Committee also had before it a draft resolution regarding Israeli practices affecting the human rights of the Palestinian people and other Arabs of the occupied Palestinian territories (document A/C.4/59/L.17/Rev.1). By its terms, the Assembly would reiterate that all measures and actions taken by Israel in the occupied Palestinian territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention on the protection of civilians in wartime, and contrary to the relevant Security Council resolutions, are illegal and have no validity. The Assembly would demand that Israel comply fully with the provisions of the relevant Geneva Convention and cease immediately all measures and actions taken in violation and in grave breach of the Convention, including extrajudicial executions.

Further, the Assembly would demand that Israel cease all practices and actions that violate the human rights of the Palestinian people and call upon Israel to respect human rights and comply with its obligations. It would also demand that Israel comply with its legal obligations as mentioned in the Advisory Opinion of 9 July 2004 rendered by the International Court of Justice and as demanded in resolution ES-10/15 of 20 July 2004, by, among other actions, dismantling the wall and making compensation for damage caused by its construction. It would also stress the need to preserve the territorial integrity of all the occupied Palestinian territory and to guarantee the freedom of movement of persons and goods within that territory, including the removal of restrictions on movement into and from East Jerusalem, and the freedom of movement to and from the outside world.

A further provision of the text would have the Assembly condemn all acts of terror, provocation, incitement and destruction, especially the excessive and indiscriminate use of force by Israeli forces against Palestinian civilians, resulting in extensive loss of life, vast numbers of injuries and massive destruction of homes, properties, agricultural lands and vital infrastructure. The Assembly would also condemn the events that occurred in the Jenin refugee camp in April 2002, the Rafah refugee camp in May 2004 and the Jabaliya refugee camp in October 2004.

The other draft resolutions under consideration have been summarized in press release GA/SPD/306 of 17 November.

Action on UNRWA Draft Resolutions

The Committee first took up consideration of draft resolutionson the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), contained in documents A/C.4/59/L.10, L.11, L.12/Rev.1 and L.13.

The representative of the Netherlands, on behalf of the European Union, introduced oral amendments to draft resolution A/C.4/59/L.12/Rev.1. He said there would be a new operative paragraph, 6 bis, which would have the General Assembly encourage the Agency’s further consideration of the needs and rights of children in its operations in accordance with the Convention on the Rights of the Child.

Again speaking on behalf of the European Union, he then made a general statement, saying that gender mainstreaming within the United Nations system, including UNRWA, should be further strengthened with a view to obtaining gender equality in all fields. He thus welcomed the important progress made by UNRWA in that regard. However, he regretted that it was not possible to include a formulation in the present resolution regarding UNRWA’s registration procedures and criteria, with a view to enabling the registration of descendents of female refugees married to non-refugees.

The representative of Venezuela said his delegation was in favour of the draft texts. The international community must not abandon efforts to solve the conflict and find solutions to the problem of the refugees. The draft resolutions reaffirmed the principle of a peaceful solution to the conflict.

The representative of Indonesia, speaking on behalf of the cosponsors, said he agreed with the oral amendments as proposed by the representative of the Netherlands.

The Committee first took up draft resolution A/C.4/59/L.10, on assistance to Palestine refugees. It approved that text by a recorded vote of 154 in favour to 1 against (Israel) with nine abstentions (Albania, Cameroon, Haiti, Honduras, Federated States of Micronesia, Marshall Islands, Palau, Papua New Guinea, United States). (See annex I.)

Taking up the draft on persons displaced as a result of the June 1967 and subsequent hostilities (document A/C.4/59/L.11), the Committee approved that text, by a recorded vote of 151 in favour to 4 against (Israel, Marshall Islands, Federated States of Micronesia, United States) with 5 abstentions (Albania, Cameroon, Haiti, Honduras, Uzbekistan). (See annex II.)

The representative of Guinea said he would have voted in favour of that resolution, had his vote been recorded.

The Committee then took action on draft resolution A/C.4/59/L.12/Rev.1, as orally revised, on operations of UNWRA, approving that text by a recorded vote of 152 in favour to 5 against (Israel, Marshall Islands, Federated States of Micronesia, Palau, United States) with 6 abstentions (Albania, Cameroon, Haiti, Honduras, Nicaragua, Papua New Guinea). (See annex III.)

By a recorded vote of 153 in favour to 5 against (Israel, Marshall Islands, Federated States of Micronesia, Palau, United States) with 6 abstentions (Albania, Cameroon, Haiti, Honduras, Papua New Guinea, Uzbekistan), the Committee then approved a text on Palestine refugees’ properties and their revenues (document A/C.4/59/L.13). (See annex IV.)

The representative of Cameroon, explaining his abstention after the vote said that the mandate of UNRWA was purely humanitarian and should not be dealt with in a political framework.

Drafts on Special Committee on Israeli Practices

The Committee then took up consideration of draft resolutions on Israeli practices contained in documents A/C.4/59/L.14, L.15/Rev.1, L.16/Rev.1, L.17/Rev.1 and L.18.

The representative of the Netherlands, speaking on behalf of the European Union, introduced oral amendments to draft resolutions L.16/Rev.1 and L.17/Rev.1, including an operative paragraph (3 bis) that reads as follows: “Expressed great concern at the use of suicide bombing attacks against Israeli civilians, resulting in extensive loss of life and injury”, which had previously been a preambular paragraph.

The representative of Cuba, speaking on behalf of the co-sponsors, supported the amendments introduced by the representative of the Netherlands.

The representative of Mali informed the Committee that it withdrew its co-sponsorship of draft resolutions L.12/Rev.1, L.15/Rev.1 and L.16/Rev.1.

The Committee took up the text on the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (document A/C.4/59/L.14), approving that draft by a recorded vote of 80 in favour to 6 against (Australia, Israel, Marshall Islands, Federated States of Micronesia, Palau, United States), with 74 abstentions. (See annex V.)

Taking up draft resolution A/C.4/59/L.15/Rev.1 on the applicability of the Geneva Convention, the Committee approved the text by a recorded vote of 151 in favour to 4 against (Israel, Marshall Islands, Federated States of Micronesia, United States), with 8 abstentions (Albania, Australia, Cameroon, Haiti, Kenya, Papua New Guinea, Uganda, Uzbekistan). (See annex VI.)

It then took up an orally revised draft on Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan (document A/C.4/59/L.16/Rev.1), approving the text by a recorded vote of

149 in favour to 5 against (Australia, Israel, Marshall Islands, Federated States of Micronesia, United States) with 9 abstentions (Albania, Cameroon, Dominican Republic, Haiti, Kenya, Nicaragua, Tonga, Uganda, Uzbekistan). (See annex VII.)

Turning to the draft on Israeli practices affecting the human rights of the Palestinian people and other Arabs of the occupied Palestinian territories (document A/C.4/59/L.17/Rev.1), as orally revised, the Committee approved that text by recorded vote of 142 in favour to 6 against (Australia, Israel, Marshall Islands, Federated States of Micronesia, Palau, United States), with 15 abstentions. (See annex VIII.)

Finally, the Committee approved, by a recorded vote of 152 in favour to 1 against (Israel) with 9 abstentions (Albania, Cameroon, Dominican Republic, Haiti, Kenya, Marshall Islands, Federated States of Micronesia, Tonga, United States)a text on the occupied Syrian Golan (document A/C.4/59/L.18). (See annex IX.)

In explanation of vote after the vote, the representative of Australia, speaking on resolution L.15/Rev.1, said that his country would have supported it as it had in years passed, but for the inclusion of language on the advisory opinion of the International Court of Justice (ICJ).

Haiti’s representative, supporting the peace progress in the region, said that changes in the region created a new given, which could give new momentum to that process. For that reason, Haiti had abstained from votes under the agenda.

The representative of Canada said her delegation had abstained on draft resolution L.17/Rev.1, despite serious concerns about disproportionate use of force in the Palestinian occupied territories. She welcomed the addition of an operative paragraph with reference to suicide attacks against Israeli civilians, but regretted the absence of any condemnation of such acts. That appeared to establish an unacceptable double standard. The prospects for peace could not be advanced by one-sided references. Shortcomings of the other side should also be condemned. She considered it implicit in the text that any international monitoring presence should be with the consent of both parties.

Regarding draft resolution L.16/Rev.1, she said her country opposed expansion of settlements and supported their dismantlement. However, she expressed reservations regarding references to the advisory opinion of the ICJ that was included in most resolutions. Any reference to the opinion must reflect the non-binding status of that opinion. Also, one should not selectively quote from the opinion without references to Israel’s security concerns.

The representative of Venezuela said his country had joined in co-sponsoring draft resolution L.18 because the international community should not abandon its commitment to solving conflicts and protecting the territorial integrity of all Member States. He supported all resolutions underlining the principle of peaceful settlement to conflict.

In a general statement, the representative of Syria thanked all delegations that had voted in favour of the draft resolutions today, especially those who had voted for the text on the occupied Syrian Golan. By doing so, he said they had sent a powerful message to Israel to end its occupation of Arab lands and to also end its illegal practices in those areas. He called on the international community to support the Committee on Israeli Practices, and said that Syria had put out its hand to resume peace talks, but Israel had not responded in kind, preferring to continue its illegal practices.

Also in a general statement, the observer of Palestine thanked delegates for the overwhelming support, which was reflective of the international community’s unwavering commitment to international law with regard to the Palestinian people. She said the situation of the Palestinian refugees continued to be a tragic one. The assistance of UNRWA was essential in alleviating the plight of the refugees. She therefore welcomed the mandate extension for the UNRWA. She was also gratified by the overwhelming reaffirmation of the right of refugees to return.

She said the draft resolution regarding Israeli practices addressed serious violations of human rights, which had caused great suffering. The resolutions also included a reaffirmation of international human rights law and international humanitarian law. Israel, the occupying Power, must comply with international law in all its manifestations, including the Fourth Geneva Convention, United Nations resolutions, as well as the advisory opinion of the ICJ. Adherence to international law would, without doubt, bring a change in the crisis and bring it towards a solution.

In concluding remarks, the Chairman of the Committee, KYAW TINT SWE (Myanmar) thanked the members of the Bureau, delegates and the Secretariat for their cooperation and assistance. He quoted U Thant, one of the Committee’s former Chairmen, who later became the third Secretary-General of the United Nations, who said: “The principle of equal rights and self-determination of peoples is one of the basic principles and purposes of the Charter”. U Thant saw the primary objectives of the United Nations as being classified into three categories, saying: “The first category is the preservation of peace. […] The second is the promotion of the economic and social welfare of the peoples of the world. The third category is the elimination of colonialism from the face of the Earth”.

The Chairman said that he took satisfaction from the fact that important elements of two of those tasks were being handled by the Committee. He also took satisfaction from the fact that while colonialism had not yet been eliminated from the face of the Earth, there were now only a very small number of Territories, which had yet to attain self-determination.

Related Links

Fourth Committee (Special Political & Decolonization