Palestine &The UN

Monthly Bulletin issued by The Permanent Observer Mission of Palestine to the United Nation

U.S. Vetoes European Draft Resolution on Jerusalem;

General Assembly Overwhelmingly Adopts Same Text

For the second time in less than two years, the United States vetoed a draft resolution. On 7 March 1997, in the Security Council regarding the issue of Jerusalem. The draft resolution was presented by France, Portugal, Sweden and the United Kingdom in an indication of deep European irritation over the recent policies and actions of the Israeli government in this regard. The draft resolution received 14 votes in favor, reflecting the near unanimity of the position of the international community on the matter.

This recent episode began with indications by some Israeli officials regarding an impending decision by the government to building a new settlement in Jabal Abu Ghneim to the south of occupied East Jerusalem.

The Arab Group at the United Nations reacted immediately and initiated consultations with all members of the Council with the aim of preventing the materialization of the decision. On 25 February 1997, the President of the Council (Kenya) met with the Israeli Charge d'Affaires to convey the concerns of the Council and to ask that the decision not be taken. The next day. however, the Israeli government decided to proceed with the settlement and on that same day, the Arab Group requested a formal meeting of the Council to consider the situation.

The members of the Council met privately with President Yasser Arafat, during his brief visit to New York, on the morning of 5 March 1997, and in the afternoon the Security Council convened its official meeting. Approximately fifty speakers delivered statements before the Council all of whom expressed deep concern over the Israeli decision and called for the cessation of all settlement activities. They also expressed support for the peace process and emphasized the need for the parties to comply with the agreements already reached.

The initiative by the European members of the Council to present a draft resolution, which happened for the first time, was indeed a significant political development. The U.S. on the other hand, attempted to dilute the momentum of the Council through postponement and through suggestions that the Council adopt a statement instead of a resolution. At the last minute, the U.S. encouraged a text for a statement through the President of the Council (Poland). Egypt stressed that the Arab Group opposed anything less than a resolution and the Europeans indicated that the suggested text was not an acceptable basis for negotiations. (The Arab Group was chaired by Palestine in February and Qatar in March).

In general the U.S. maintained its traditional position, which seeks to keep the Council out of issues relating to the Middle East. On the other hand, the Palestinian and Arab sides, supported by the rest of the world, maintained that the Council must carry out its responsibilities, including on the Middle East, especially when agreements between parties are violated and actions contrary to international humanitarian law and relevant Security Council resolutions are taken.

As a result of the U.S. veto, the Arab Group called for an urgent session of the General Assembly to consider the situation. The Arab Group also decided to maintain the same test of the resolution with the additions of an operative paragraph requesting the Secretary General of the United Nations to inform the Israeli government of the content of the resolution. The Assembly met for two sessions on 12 March to hear the statements of many member states, and met again on 13 March to vote on the draft resolution, which by then was cosponsored by 57 states, including all 15 members of the European Union. The draft, which was presented by Indonesia, was adopted as resolution 51/223 and received 130 votes in favor, with only Israel and U.S. voting against it. Marshall Islands and Micronesia abstained.

The result of the vote represented a near unanimous position by the international community and sent a clear message in this regard to the Israeli government. It reaffirmed that United Nations organs must fulfill their responsibilities toward the situation in the Middle East.

The Israeli Settlement System in the occupied Palestinian Territory

With the 1967 Arab- Israeli war, Israel occupied the west Bank, including East Jerusalem, the Gaza Strip, the Sinai and Golan Heights. In the immediate thereafter, the idea of expanding the Jewish presence to parts or all of those territories became the common denominator among the main Israeli political parties. The settlement system then began to take shape through the transfer of Israelis to the occupied territories and the building of housing and other infrastructure in specific locations consulting settlements to accommodate those Israelis.

At the beginning of the settlement drive, the security dimension was emphasized by the then Israeli Labor government and settlements were first established in key security areas such as the Golan Heights. This developed into a pattern, which seemed to fulfill the Allon plan, focusing on the Jerusalem area, the Jordan Valley and the mountain range overlooking the Valley.

In the mid - 1970s, and particularly under the Likud government, the pattern began to change, especially with regard to the occupied Palestinian territory, settlement activities intensified and spread and appeared to aim at assuring the Israeli presence throughout the occupied territories and preventing the implementation of Palestinian national rights.

In the process, Israel applied complex measures for illegal land acquisition, ranging from the control of all state and communal lands, the application of the emergency regulations of 1945 and of the emergency regulations of 1945 and of the absentee property procedures, the change of laws related to the expropriation of land, to the direct confiscation of privately owned land. that was coupled with massive exploitation of natural resources, especially water resources. Also, various significant financial incentives were offered to encourage Israelis to move to the occupied territories, including rebates and low interest loans, free infrastructure services and the employment of a high percentage of settlers in the public sector.

At the beginning, the majority of settlers belonged to the left and center of the political spectrum. At a later stage, however, religious Jews became more prominent as settlers form the mainstream began to move to a few specific urban settlements and settlements around East Jerusalem. The majority of settlers have always been arrived and many have been the source of extreme harassment to the Palestinian people. Generally, however, the settlers remain within their defended settlements, maintaining links directly with Israel and with each other, not with the Palestinian population around them. Gradually, and especially with the increase of bypass roads, settlements have come to constitute a separate structure of life, differing greatly from that of the Palestinian people, with different living conditions by the Israeli army of different rules and laws to those settlers.

As such, the Israeli settlement system, with its various dimensions, including the transfer of Israelis to the occupied territories; the illegal acquisition of land; the exploitation of natural resources; the establishment of a separate structure of life and the submersion of the exercise by the Palestinian people of their rights, is a distinctive

The Israeli settlement system, with its various dimensions, is a distinctive

combination of classic colonialism waged on the basis of apartheid-like arrangements. Clearly, development and expansion of the above-described settlement system was carried forth despite the vehement opposition of the Palestinian people as well as the firm stance of the international community.

Legal Status: The Israeli settlement system is illegal under international law. The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949, of whiIsrael is a signatory party, prohibits in all cases the transfer of parts of the civilian population of the occupying Power into the territory it occupies. The Convention, as well as the Hague convention on the Laws and Customs of War On Land and its Annexed Regulation of 1907, which together constitute customary international law, prohibit the destruction, seizure and confiscation of private or public properties in occupied territories (except when absolutely necessary for military reasons).

The applicability of the Fourth Geneva Convention to the territories occupied by Israel in 1967 has been asserted by the International Committee of the Red Cross, by United Nations organs and agencies, as well as by every country in the world. The United Nations Security Council reaffirmed the applicability of the Convention to the occupied territories, including Jerusalem in 24 resolutions.

The Council has specifically dealt with the issue of settlements, established a Commission in this regard and considers settlements to be illegal and an obstacle to peace. In addition. the Council has called for the cessation of all settlement activities and the dismantling of the existing ones. The Council has also repeatedly declared that all measures taken by Israel to change the demographic composition, physical character, institutional structure of status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, are null and void and have no legal validity (e.g. resolutions 446 (1979), 452 (1979) and 465 (1980).

Moreover, settlements as a means of colonizing Palestinian and Arab land, which might result in depriving the Palestinian people of their right to self determination, violate the Charter of the United Nations, human rights covenants, the United Nations Declaration on Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples.

The Present Situation: There now exit 300,000 Israeli settlers in the occupied territories, 180,000 of which live within the illegally extended municipal boundaries of East Jerusalem, These settlers live in 165 settlements; 9 in East Jerusalem (extended municipal boundaries), 150 in the West Bank and 16 in the Gaza Strip. (There are also 36 settlements in the Golan Heights.)

About 80% of these settlements consist of 500 settlers or less, and of the settlers in the West Bank, approximately 60% live in 14 urban settlements. In addition, 60% of the settlers are on the Israeli public payroll. In total, the settlements occupy around 7% of the overall occupied Palestinian territory. This percentage dramatically increases when calculations include the land designated for planned expansion of settlements. Currently, the building of settlements continues, as well as the expropriation of land and the building of bypass roads for the settlements.

The Peace Process: Within the context of the Middle East Peace process, the Israeli government and the Palestine Liberation Organization concluded the Declaration of Principles of 1993 and the Interim Agreement on the West Bank and Gaza Strip of 1995. The parties recognized their mutual legitimate rights and agreed that the peace process should lead to the implementation of Security Council resolution 242 (1967). The parties also agreed to postpone negotiations on specific issues, including the settlements. to a second stage of negotiations to commence in May 1996.

These agreements do not and should not alter the status of settlements which remain illegal. The agreements require the Israeli government to desist from any settlement activities as new facts on the ground would only preempt or alter the outcome of expected negotiations, and render the agreements between the parties useless. Furthermore, additional settlement activities defy not only the basic logic of the peace process, but also the mutual recognition between the parties and the goal of achieving a just and comprehensive peace. As such, settlement activities of any kind clearly violate these agreements,

Positions of the Parties: The Palestinian side considers Israeli settlements to be illegal and an obstacle to peace and maintains that no settlement activities should take place during the transitional period. At a later stage, the settlement system should be dismantled and Palestinian claims for redress should be satisfied. This does not interfere with the possibility of Jews living under Palestinian sovereignty.

The present Israeli government insists on expanding the existing settlements and does not exclude the possibility of building new ones. The government also refuses to limit settlement activities within the extended municipal boundaries of Jerusalem. Since the present government has come into office, it has approved the construction of 9,256 housing units in settlements. With regard to international law, successive Israeli governments have maintained that the Fourth Geneva Convention is not applicable, but that they would apply its humanitarian provisions. The government also has accepted the Hague Regulations (although many aspects of the settlement system grossly violate those regulations).

The positions of successive U.S. administrations have varied but a common denominator has been the classification of settlements as on obstacle to peace. This position was recently reaffirmed by the present administration. The US. has opposed and will continue to oppose settlement activities in territories occupied since 1967, which remain an obstacle to peace."

Conclusion: The Israeli settlement system is illegal under international law. It violates United Nations General Assembly and Security Council resolutions and any activities in this regard also violate the Palestinian-Israeli agreements and endanger the process. Such activity must be brought to an end, pending negotiations, which must lead to the dismantlement of the settlement system and proper redress for the Palestinian people.

PALESTINE AND THE UN IN RETROSPECT

This is the second in a series of six articles, appearing chronologically by decades, looking back at the most important events related to the question of Palestine that have taken place at the United Nations since the inception of the organization in 1945. Those events have greatly influenced both the history and the present of the Palestinian people and will affect their future also as the permanent responsibility of the United Nations must be upheld towards the question of Palestine until it is solved in all its aspects.

• The Trusteeship Council approves the Statue for the City of Jerusalem on 4 April 1950 and adopts resolution 232 (VI) on the same day, requesting the governments of Israel and Jordan to cooperate in the implementation of the Statute.
  
• Egypt complains to the Security Council of Israel's violation of the Armistice Agreements including the expulsion of thousands of Palestinians. The Security Council adopts resolution 89 (1950) of 17 November 1950 which calls for the handing of complaints according to the procedures of the Armistice Agreements, calls upon the governments concerned to take no action involving the transfer of persons across international borders of armistice lines, and calls for the repatriation of such Arabs who are entailed to return.
  
• On 2 December 1950, the UN General Assembly recognizes that direct relief to refugees cannot be terminated and authorizes UNRWA to continue direct relief to refugees. At that time, the number of refugees registered with UNRWA total 960,021.
  
• The General Assembly, recognizing the urgency of the refugee question, adopts resolution 394 (V) of 14 December 1950, directing toe United Nations Conciliation Commission to make arrangements for the implementation of paragraph 11 of resolution 194 (III), including the repatriation assessment and payment of compensation.
  
• On 1 September 1951, the Security Council calls on Egypt to terminate the restrictions on international commercial shipping through the Suez Canal.
  
• On 26 January 1951, in resolution 512 (VI), the General Assembly once again requests the Conciliation Commission to continue its efforts to secure the implementof the General Assembly resolutions on Palestine.
  
• Israeli army forces attack Qibya (Jordan) on 14 and 15 October 1953. The Security Council adopts resolution 101 (1953) on 24 November 1953, finding that the retaliatory action by the armed forces of Israel constitute a violation of the cease-fire and expressing the strongest construe of that action.
  
• The Mandate of UNRWA is extended on 27 November 1953 until the end of June 1955. Later, on 4 December 1954, the mandate is again extended until the end of June 1960. On 9 December 1959, the mandate is extended for another three years.
  
• On 28 February 1955. Israeli army forces attack the Egyptian army in the Gaza Strip. The Security Council adopts resolution 106 (1955) on 29 March 1955, condemning the Israeli attack on Gaza, as a violation of the cease-fire and as inconsistent with the Armistice Agreements and considers that the Armistice Agreement have been deliberately threatened.
  
• On 30 March 1955, and later on 8 September 1955, the Security Council calls on Egypt and Israel to cooperate with the Chief of Staff of the United Nations Truce Supervision Organization (UNTSO) in preserving security on the Armistice Demarcation line in the Gaza Strip.
  
• The Security Council, on 4 April 1956, calls for the reduction of tensions and on 4 June 1956, calls for the implementation of measures agreed upon with the Secretary- General.
  
• On 13 October 1956, the Security Council describes the requirements for a settlement of the Suez question, respecting the sovereignty of Egypt.
  
• On 13 October 1956, the Security Council calls for an emergency special session of the General Assembly to consider the grave situation created by the actions undertaken against Egypt since the Security Council could not exercise its responsibilities for the maintenance of international peace and security due to the lack of unanimity among the Council's permanent members (France and the United Kingdom exercised their vetoes).
  
• The General Assembly convenes its first emergency special session on 1 November 1956, under the uniting for peace procedure to consider the situation resulting from the conduct of military operations by France the United Kingdom and Israel against Egypt. The Assembly adopts a series of resolutions. inter alia, calling for the withdrawal of France and the United Kingdom from the Egyptian territory and of Israel behind the armistice lines as well as setting up United Nations Emergency Force (UNEF). The Assembly decides to place to crisis on the agenda of its 11th regular session.
  
• On 19 January 1975 the General Assembly notes with regret and concern the failure of Israel to withdraw from Egyptian territory, Later, on 2 February 1957, the Council deplores the non-compliance of Israel with regard to completion of its withdrawal and calls upon Israel with regard to completion of its withdrawal and calls upon Israel to complete withdrawal without delay.
  
• On 27 February 1957, the General Assembly decides to convene an Ad Hoe Committee of the Assembly for pledges to the refugee program the following year. This practice is repeated annually.

• Jordan complains with regard to the activities conducted by Israel in the zone between the armistice demarcation lines in the area of Government House in Jerusalem. In response, the Security Council adopts resolution 127 (1958) on 22 January 1958, directing the Chief of Staff of UNTSO in Palestine to regulate activities within the zone.
  
  

• Highlights
  

President Yasser Arafat visited the U.S. from 2 to 5 March 1997. It was his first visit upon formal invitation from the U.S. President. He met with President Clinton, Secretary Albright and other administration officials and members of Congress. In Georgia, he met with former President Carter and in Houston, Texas he met with former President Bush and former Secretary Baker. During his visit, he also attended several events organized by the Palestinian - American community. President Arafat came to New York on the 4th of March and attended a large reception in his honor at the United Nations, which was organized by the Permanent Observer Mission of Palestine and sponsored by a hospitality committee of Palestinian - Americans from the New York/New Jersey area. While at the United Nations, he met with members of the Security Council, the President of the General Assembly and the Secretary-General of the United Nations. President Arafat also met with a group of Jewish leaders from the Conferences of Presidents of Major Jewish Organizations, the editorial board of The New York Times and had a meeting at the Council on Foreign Relations.

On the 4th of March, the Israeli government announced its decision to unilaterally redeploy its forces from an additional 2% of the West Bank along with another 7% which has already been under Palestinian civil authority. That would leave the Israelis in full control of approximately 70% of the West Bank. The Palestinians considered the Israeli announcement to be an attempt at deception and assured that such a decision was not in compliance with the agreements reached and the Note for the Record of 15 January 1997, which states that further redeployments in the West Bank should be completed within 12 months, starting at the beginning of March 1997 but not later than mid-1998. By then, Israel is to have redeployed its forces to agreed military locations.

This recent Israeli decision was announced in the midst other extremely dangerous steps such as the building of a new settlement in Jabal Abu- Ghneim, the closing of independent Palestinian offices in East Jerusalem and the blocking of agreement in the negotiating committees on overdue issues including the airport, seaport and the safe passage. All such actions and measures are a clear detriment to the peace process and endanger it greatly.

The United Nation Secretary General, Mr. Kofi Annan, presided over the first meeting of the committee on the Exercise of rights of the Palestinian People in 1997. The meeting took place on 19 February 1997, during which the officers of the Committee were elected, including the Committee's Chairman, Ambassador Ibra Deguence Ka of Senegal. The Secretary-General made a statement before the meeting reaffirming the role of the U.N., and he also introduced Mr. Chimmaya Gharekhan as the new "United Nations Special Coordinator in the Occupied Territories". Mr Gharekhan will be residing in Gaza joining Mr. Peter Hansen, the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Another U.N. official. Mr. Timothy Rothermal, the special Representative of the administrator of the United Nations Development Programme (UNDP), is residing in Jerusalem.

The General Assembly

Having considered the letters dated 21, 25 and 27 February 1997 from the Permanent Observer of Palestine on behalf of the States members of the League of Arab States (A/51/808-5/1997/149, A/51/808/S/1997/157 and S/1997/165).

Expressing deep concern at the decision of the Government of Israel to initiate new settlement activities in the Jabal Abu Ghneim area in East Jerusalem,

Expressing concern about other recent measures that encourage or facilitate new settlement activities,

Stressing that such settlements are illegal and a major obstacle to peace.

Confirming that all legislative and administrative measures and actions taken by Israel which purport to alter the status of Jerusalem, including expropriation of land and properties thereon. are invalid and cannot change that status,

Reaffirming its support for the Middle East peace Process and all its achievements including the recent Agreement on Hebron,

Concerned about the difficulties facing the Middle East Peace Process, including the impact these have on the living conditions of the Palestine people, and urging the parties to fulfill their ablations, including under the agreements already reached.

Having discussed the situation at the 91^st and 92^nd plenary meeting on 12 March 1997

1. Calls upon the Israeli authorities to refrain from all actions or measures, including sentiment. activities, which after the facts on tground, preempting the final status negotiations, and have negative implications for the Middle East Peace Process,

2. Calls upon Israel, the occupying Power to abide scrupulously by its legal obligations and responsibilities under the Geneva Convention relative to the Protection of Civilian Persons in Time of war of 12 August 1949, which is applicable to all the territories occupied by Israel since 1967.

3. Calls upon all parties to continue, in the interests of peace and security, their negotiations within the Middle East Peace Process on its agreed basis and the timely implementation of the agreements reached

4. Requests the Secretary- General to bring to the attention of the Government of Israel the provision of this resolution.