Committee on the Exercise
of the Inalienable Rights of the Palestinian
People
(2004)
Mandate and objectives
The question of Palestine was first brought before
the General
Assembly in 1947, when the Assembly decided to partition Palestine into two States, one Arab and one Jewish, with a special international
regime for Jerusalem (resolution
181 (II) of 29 November 1947). In later
years, as the Arab State did not come into being and several wars were
fought in the area, the Palestine problem was discussed as part of the
larger Middle East conflict or in the context of its refugee or human
rights aspects. It was only in 1974 that the question of Palestine was
reintroduced in the Assembly's agenda as a national question and the
inalienable rights of the Palestinian people were reaffirmed and specified.
In resolution
3236 (XXIX) of 22 November 1974, the Assembly stated that
those rights included: the right to self-determination without external
interference; the right to national independence and sovereignty; and
the right of Palestinians to return to their homes and property, from
which they had been displaced and uprooted. The Assembly also stated
that the realization of those rights was indispensable for the solution
of the question of Palestine.
The following year, expressing grave concern that progress
had not been achieved towards the exercise by the Palestinian people
of its inalienable rights, the Assembly decided to establish the Committee
on the Exercise of the Inalienable Rights of the Palestinian People.
By its resolution
3376 (XXX) of 10 November 1975, the Assembly mandated
the Committee, which is the body within the United Nations exclusively
devoted to the question of Palestine, to consider and recommend to the
Assembly a programme of implementation, designed to enable the Palestinian
people to exercise its rights. The Committee was requested to submit
its report and recommendations to the Secretary-General, no later than
1 June 1976, for transmission to the Security
Council.
In its first report submitted to the Security Council
in June 1976, the Committee affirmed that the question of Palestine
was "at the heart of the Middle East problem" and that no
solution could be envisaged without fully taking into account the legitimate
aspirations of the Palestinian people. The Committee urged the Council
to promote action for a just solution, taking into account all the powers
conferred on it by the Charter of the United Nations. The recommendations
of the Committee included a two-phase plan for the return of Palestinians
to their homes and property; a timetable for the withdrawal of Israeli
forces from the occupied territories by 1 June 1977, with the provision,
if necessary, of temporary peacekeeping forces to facilitate the process;
an end to the establishment of settlements; recognition by Israel of
the applicability of the Fourth Geneva Convention to the occupied territories
pending withdrawal; and endorsement of the inherent right of Palestinians
to self-determination, national independence and sovereignty in Palestine.
The Committee also expressed the view that the United Nations had the
historical duty and responsibility to render all assistance necessary
to promote the economic development and prosperity of the future Palestinian
entity.
The Committee's recommendations were not adopted by
the Security Council, due to the negative vote of a permanent member,
and have not been implemented. They were, however, endorsed by an overwhelming
majority in the General Assembly, to which the Committee reports annually.
The Assembly reaffirmed that a just and lasting peace in the Middle
East could not be established without the achievement of a just solution
of the problem of Palestine based on the attainment of the inalienable
rights of the Palestinian people. The Assembly also requested the Committee
to keep the situation relating to the question of Palestine under review
and to report and make suggestions to the General Assembly or the Security
Council as appropriate, and to promote the greatest possible dissemination
of information on its recommendations through non-governmental organizations
(NGOs) and other appropriate means.
In pursuance of this mandate, the Committee's programme
of work has been gradually expanded. With the establishment in 1978
of a supporting unit in the United Nations Secretariat (later redesignated
the Division for Palestinian Rights), the programme came to include
the convening of international meetings and conferences, including meetings
with civil society, in all regions of the world, with the participation
of political personalities, representatives of Governments and intergovernmental
organizations, United Nations officials, academics, the media and others.
Ongoing cooperation with a wide network of NGOs and other civil society
institutions active on the question of Palestine was established. In
consultation with the Committee, the Division also began to monitor
developments relevant to the question of Palestine and to prepare and
publish periodic or occasional bulletins, studies and other documentation;
developed and continues to maintain and upgrade its computer-based information
system on the question of Palestine; and instituted an annual training
programme for staff of the Palestinian Authority. In addition, the Department
of Public Information of the United Nations Secretariat started a series
of special activities in cooperation with the Committee. To commemorate
the 1947 resolution of the United Nations General Assembly partitioning
Palestine, 29 November was designated the International Day of Solidarity
with the Palestinian People, in observance of which the Committee introduced
annual special events at United Nations Headquarters in New York, with
similar activities taking place at the United Nations offices at Geneva
and Vienna, under Committee sponsorship.
During 1982-1983, the Committee served as the preparatory
body for the International Conference on the Question of Palestine,
which was held at Geneva from 29 August to 7 September 1983. The Conference
adopted a Declaration and Programme of Action for the Achievement of
Palestinian Rights, which included guidelines for a solution of the
Palestine question through the convening of an international peace conference
on the Middle East under the auspices of the United Nations. The proposal
and guidelines for such a conference were endorsed by the General Assembly
and were then revised in 1988, following the Palestinian "Declaration
of Independence" and the statement made before the General Assembly
meeting in Geneva by Yasser Arafat, Chairman of the Executive Committee
of the Palestine Liberation Organization (PLO).
Accordingly, during the 1980s, the Committee attached
high priority in its work programme to promoting the convening of the
proposed international peace conference. The Committee also continued
to monitor the situation in the Occupied Palestinian Territory, including
East Jerusalem, and to call for international measures to ensure protection
and respect for human rights and humanitarian law by the Israeli authorities,
particularly after the outbreak of the Palestinian uprising, the first
intifada, in December 1987.
In 1991, the General Assembly welcomed the convening
at Madrid, on 30 October, of a peace conference under the co-sponsorship
of the United States of America and the Union of Soviet Socialist Republics,
with the goal of attaining a settlement based on Security Council resolutions 242 (1967) and 338 (1973). The General Assembly considered, however,
that the convening of a conference under United Nations auspices, as
previously proposed, would contribute to the promotion of peace in the
region. The Committee also voiced support for the Madrid conference
and was of the view that an active role by the United Nations, the Security
Council and the Secretary-General was essential for a successful outcome
of the peace process. The Committee reaffirmed the international consensus
that the attainment of the inalienable rights of the Palestinian people
was indispensable for the achievement of peace and expressed hope that
the Israeli Government would recognize and respect those rights and
institute radical changes in its policies in favour of peace.
Following the mutual recognition between the Government
of Israel and the PLO, and the signing, in September 1993, of the Declaration
of Principles on Interim Self-Government
Arrangements, the Committee
welcomed this evolution in the peace process as an important step towards
the attainment of a comprehensive, just and lasting peace in accordance
with Security Council resolutions 242 (1967) and 338 (1073) and other
relevant United Nations resolutions. The Committee called for intensified
support and assistance by the international community to the Palestinian
people under its recognized leadership, the PLO, in order to ensure
the successful implementation of the agreement reached. In particular,
the Committee stressed the need for the full engagement of the United
Nations in the peace process and in building the Palestinian Authority,
as well as providing broad assistance to the Palestinian people in all
needed fields. On its part, the General Assembly also welcomed the Declaration
of Principles and reaffirmed that "the United Nations has a permanent
responsibility with respect to the question of Palestine until the question
is resolved in all its aspects in a satisfactory manner in accordance
with international legitimacy".
In subsequent years, the Committee welcomed the signing
of various bilateral agreements in implementation of the Declaration
of Principles, particularly the Israeli-Palestinian Interim
Agreement on the West
Bank and Gaza
Strip of September 1995 and other positive
developments, such as the partial withdrawal of Israeli forces and the
Palestinian elections to the Legislative Council and the Presidency
of the Palestinian
Authority. It also expressed its belief that, during
the interim period, Israel must recognize and respect its obligations
as the occupying Power under the Fourth Geneva Convention.
By the late 1990s, the Committee had started to voice
increasing concern at the stalemate in the peace negotiations and the
growing tension and violence in the region. It participated in meetings
of the Security Council and of the General Assembly, including the Assembly's
tenth emergency special session, convened to deal with the deteriorating
situation in the Occupied Palestinian Territory, including East Jerusalem.
While condemning all acts of violence against civilians, the Committee
expressed its alarm at the position and actions of the Government of
Israel with regard to Jerusalem, the construction of settlements, land
confiscation and punitive collective measures, which had a devastating
effect on the Palestinian people and their living conditions and seriously
undermined the peace efforts.
These concerns were further heightened following the
outbreak of the second, or Al-Aqsa,
intifada in late September 2000.
The subsequent fierce escalation of violence between Israel and the
Palestinians has left thousands of people dead, wounded and permanently
disabled, mostly among Palestinians, including a large number of casualties
among children. The Committee continued to express its grave concern
over the illegal acts of the occupying Power, such as the disproportionate
use of force against Palestinians, attacks on the institutional and
physical infrastructure of the Palestinian Authority, the siege imposed
on its President, the reoccupation of population centres, the stifling
internal and external closures, curfews and blockades, the extrajudicial
killings and the arbitrary detentions, the demolition of houses, the
destruction of agricultural land, and settlement construction.
In 2002, Israel began building a separation
barrier,
the "wall", in the occupied West Bank. The de facto annexation
of Palestinian land resulted in serious economic and social consequences
for over 800,000 Palestinians. The Committee stressed time and again
and reminded the Government of Israel of the need to fulfil its obligations
under the Fourth Geneva Convention. In the Committee's view, the continuation
of violence and the increasing suffering of the Palestinian people might
destabilize the entire region.
Pursuant to the request of the General Assembly's tenth
emergency special session, the International Court of Justice issued
on 9 July 2004 a historic advisory opinion on the legal consequences
of the construction of a wall in the Occupied Palestinian Territory,
including in and around East Jerusalem. The Court determined that the
construction of the wall and its associated regime were contrary to
international law, and that Israel was under obligation to cease the
construction, dismantle portions built on Palestinian land and provide
reparations to Palestinians whose lives had been harmed by the wall.
The Committee has consistently supported all international
efforts directed at stopping the violence and resuming the peace negotiations,
with a view to ending the occupation and resolving the question of Palestine
in all its aspects. The Committee welcomed the understandings reached
by the parties at Sharm el-Sheikh and Taba, Egypt, in October 2000 and
January 2001, respectively, and expressed appreciation for the involvement
of the United Nations Secretary-General in these efforts. In 2002, the
Committee welcomed the affirmation of the vision of "a region where
two States, Israel and Palestine, live side by side within secure and
recognized borders" contained in Security Council resolution 1397
(2002) of 12 March 2002. The Committee urged the swift realization of
this objective, through a concrete, step-by-step mechanism covering
the political, economic and security fields and within a specified time
frame. In this respect, the Committee was also encouraged by the peace
initiative adopted by the Arab States at their Summit in Beirut on 28
March 2002 and asked Israel to reciprocate in good faith.
The Committee supported the continuing efforts of the
diplomatic Quartet, consisting of the United States of America, the
Russian Federation, the European Union and the United Nations, particularly
in initiating a performance-based road
map to a permanent two-State
solution to the Israeli-Palestinian conflict, which was endorsed by
the Security Council in its resolution
1515 (2003) of 19 November 2003.
The Committee urged the Quartet and the international community to help
the parties implement their obligations under the plan, relating notably
to questions of security and the freezing of settlement activity. In
the view of the Committee, the road map offered a way to achieve a comprehensive,
just and lasting settlement of the question of Palestine, in accordance
with Security Council resolutions 242 (1967), 338 (1973), 1397 (2002)
and 1515 (2003), and the principle of a permanent two-State solution
based on the 1967 borders, the realization of the inalienable rights
of the Palestinian people, and the right of all States in the region
to live in peace and security.
Membership and officers
At present, the Committee has 22 members:1/
Afghanistan, Belarus, Cuba, Cyprus, Guinea, Guyana,
India, Indonesia, Lao People's Democratic Republic, Madagascar, Malaysia,
Mali, Malta, Namibia, Nigeria, Pakistan, Senegal, Sierra Leone, South
Africa, Tunisia, Turkey and Ukraine.
Twenty-one countries are observers in the Committee.
The African Union, League of Arab States and Organization of the Islamic
Conference participate in the Committee's meetings as observers. On
the basis of General Assembly resolutions 3210 (XXIX) and 3237 (XXIX)
of 1974, and a decision taken by the Committee in 1976, the PLO, as
the representative of the Palestinian people and the principal party
to the question of Palestine, was invited to participate in the Committee's
deliberations as an observer. 2/
The following officers of the Committee, comprising
its Bureau, were elected on 12 March 2004: Paul Badji, Permanent Representative
of Senegal to the United Nations, as Chairman; Ravan A.G. Farhâdi,
Permanent Representative of Afghanistan to the United Nations; and Orlando
Requeijo Gual, Permanent Representative of Cuba to the United Nations,
as Vice-Chairmen, and Victor Camilleri, Permanent Representative of
Malta to the United Nations, as Rapporteur.
Division for Palestinian Rights
Following the affirmation of the inalienable national
rights of the Palestinian people and the establishment in 1975 of the
Committee on the Exercise of the Inalienable Rights of the Palestinian
People, the General Assembly recognized the need for creating an informed
public opinion around the world in support of the achievement of those
rights. Accordingly, the Assembly mandated the establishment of a Special
Unit on Palestinian Rights in the United Nations Secretariat to assist
the Committee in its work and to prepare studies and publications on
the issue and to promote maximum publicity for them (resolution 32/40
B of 2 December 1977). The Unit, later renamed the Division for Palestinian
Rights, is part of the Department of Political Affairs of the United
Nations Secretariat. Its mandate has been renewed annually and has been
expanded several times over the years, in particular to include the
organization of international meetings, the establishment of a computer-based
information system called the United Nations Information System on the
Question of Palestine (UNISPAL), now available on the Internet, and
the holding of an annual training programme for staff of the Palestinian
Authority.
International meetings and conferences
The Division for Palestinian Rights is mandated by
the General Assembly to organize international meetings and conferences
in all regions, in consultation with the Committee and under its guidance.
The Committee considers that the programme of meetings and conferences
helps promote a constructive analysis and discussion of the various
aspects of the question of Palestine and mobilize international support
for and assistance to the Palestinian people.
In the programme of international meetings and conferences,
priority is given to promoting the exercise of the inalienable rights
of the Palestinian people, supporting the political process and encouraging
international efforts, such as the road map of the Quartet, for a peaceful
solution of the conflict. The Committee also holds annual regional meetings,
with the venue rotating from Africa to Asia to Latin America and the
Caribbean, which draw on the experience of the countries in those regions
in their struggle for national independence and sustainable economic
development. They are also geared towards mobilizing public opinion
in the regions in support of the Palestinian people.
International conferences convened under the auspices
of the Committee are designed to focus wide international attention
on specific aspects of the question of Palestine, such as the inalienable
rights of the Palestinian people, the Bethlehem 2000 project and Palestine
refugees. Equally significant were the International Meeting on the
Convening of the Conference on Measures to Enforce the Fourth Geneva
Convention in the Occupied Palestinian Territory, including Jerusalem
(1999) and the International Meeting on the Impact of the Construction
of the Wall in the Occupied Palestinian Territory, including in and
around East Jerusalem (2004).
Starting in 1993, the Committee has convened virtually
every year, in either Europe or the Middle East, a seminar on assistance
to the Palestinian people. These seminars deal with various aspects
of the socio-economic development of the Palestinians living in the
Occupied Palestinian Territory, including East Jerusalem, such as the
serious crisis of the Palestinian economy and the deterioration of the
living conditions of the Palestinian people.
Additional information about the aforementioned events
is available on the Internet at http://www.un.org/depts/dpa/ngo/calendar.htm.
Reports summarizing their proceedings are available online, in UNISPAL,
or can be obtained in hard copy from the Division for Palestinian Rights.
Cooperation with civil society
On the basis of the Committee's programme of cooperation
with civil society, which started in connection with the preparations
for the International Conference on the Question of Palestine held in
1983 in Geneva, the General Assembly mandated the Division to increase
its contacts with NGOs and convene meetings for NGOs in different regions
in order to heighten awareness of the facts relating to the question
of Palestine, a mandate that is being renewed every year. Since 1983,
the Committee has accredited more than 700 civil society organizations
that have programmes in support of the inalienable rights of the Palestinian
people. The Division liaises with over 1,000 organizations in all regions
that have a special interest in the question of Palestine. A separate
information note entitled "The United Nations and Non-Governmental
Organization Activities on the Question of Palestine", providing
more details on the accreditation process, criteria and guidelines,
as well as other relevant information, is also available online and
in hard copy from the Division for Palestinian Rights.
Civil society organizations are invited to all aforementioned
international meetings and conferences organized under the auspices
of the Committee. More recently, NGO meetings in solidarity with the
Palestinian people have been organized in conjunction with international
meetings. Also, regional meetings usually include a one-day civil society
event. Three major events for civil society organizations were the United
Nations International Conferences of Civil Society in Support of the
Palestinian People held at United Nations Headquarters in New York in
September 2002, 2003 and 2004. The Conferences focused their deliberations
on ending the occupation. The Committee intends to continue to convene
annually international gatherings of civil society.
As the Committee encourages cooperation, coordination
and networking among civil society organizations, the Division maintains
contacts with national, regional and international coordinating mechanisms
and periodically holds consultations with various organizations on ways
and means of enhancing cooperation with civil society. On occasion,
representatives of the Committee or staff members of the Division participate
in conferences and meetings organized by civil society organizations.
Research, monitoring, publications and the United
Nations Information System on the
Question of Palestine
The Division has been requested to monitor political
and other relevant developments affecting the inalienable rights of
the Palestinian people. The collection and dissemination of information
by the Division are considered by the Committee as being of particular
importance to its endeavours to make a constructive contribution to
the peace process, in support of efforts at reaching a just and lasting
settlement of the question of Palestine.
The programme of work of the Division includes the
preparation of the following publications, on a regular basis:
º A monthly bulletin on international action
on the question of Palestine, containing resolutions, decisions and
communiqués of the relevant United Nations and other intergovernmental
bodies and agencies
º A periodic bulletin entitled "Developments
related to the Middle East Peace Process"
º A monthly chronological summary of relevant
events based on press reports and other publicly available sources
º A special bulletin on the observance of the
International Day of Solidarity with the Palestinian People
º An annual compilation of resolutions and decisions
of the General Assembly and the Security Council relating to the question
of Palestine
The Division has published a number of studies on
legal, political and economic aspects of the question of Palestine.
The latest such study, currently being prepared for publication, is
entitled "The Origins and Evolution of the Palestine Problem, Part
V (1989-2000)".
In response to a General Assembly mandate contained
in resolution 46/74 B of 11 December 1991, the Division has developed
UNISPAL, with a view to creating an electronic facility which would
contain, in a full-text format, all significant United Nations documents
relating to the Arab-Israeli conflict and the question of Palestine.
These documents are available on the Internet at http://domino.un.org/unispal.nsf
as part of the United Nations web site that also features a separate
section on the question of Palestine at http://www.un.org/Depts/dpa/qpal.
Training programme for staff of the Palestinian
Authority
As requested by the Committee and subsequently mandated
by the General Assembly, the Division has conducted an annual training
programme for staff of the Palestinian Authority since 1996. The programme
is carried out at United Nations Headquarters in New York in cooperation
with the Permanent Observer Mission of Palestine to the United Nations,
from September to December each year, in conjunction with the convening
of the General Assembly. It is designed to help staff of the Palestinian
Authority, usually two per year, familiarize themselves with the various
aspects of the work of the United Nations. The trainees are also expected
to conduct research and prepare papers.
International Day of Solidarity with the Palestinian
People
Pursuant to General Assembly resolution 32/40 B of
2 December 1977, the International Day of Solidarity with the Palestinian
People is observed annually. The Day commemorates the General Assembly's
adoption on 29 November 1947 of resolution 181 (II), which provided
for the partition of Palestine into two States. The observance takes
place at United Nations Headquarters in New York, at the United Nations
Offices at Geneva and Vienna and elsewhere. The event includes solemn
meetings, at which statements are made by high-level officials of the
United Nations and intergovernmental organizations, as well as by representatives
of the international network of NGOs on the question of Palestine. It
also usually includes, at Headquarters, the display of a Palestinian
exhibit, film showings and other activities. At other locations, various
activities are organized by governmental bodies and NGOs, in cooperation
with the United Nations Information Centres around the world.
Sources: UNISPAL |