UN General Assembly Resolutions: Resolution 36/120

A

The General Assembly,

Recalling its resolutions 3376 (XXX) of 10 November 1975, 31/20 of 24 November 1976, 32/40 A and B of 2 December 1977, 33/28 A to C of 7 December 1978, 34/65 A and B of 29 November and 34/65 C and D of 12 December 1979, ES-7/2 of 29 July 1980, and 35/169 A to E of 15 December 1980,

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

1. Expresses its appreciation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People for its efforts in performing the tasks assigned to it by the General Assembly;

2. Requests 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;

3. Authorizes the Committee to continue to exert all efforts to promote the implementation of its recommendations, to send delegations or representatives to international conferences where such representation would be considered by it to be appropriate, and to report thereon to the General Assembly at its thirty-seventh session and thereafter;

4. Requests the United Nations Conciliation Commission for Palestine, established under General Assembly resolution 194 (III) of 11 December 1948, as well as other United Nations bodies associated with the question of Palestine, to co-operate fully with the Committee and to make available to it, at its request, the relevant information and documentation which they have at their disposal;

5. Decides to circulate the report of the Committee to all the competent bodies of the United Nations and urges them to take the necessary action, as appropriate, in accordance with the Committee's programme of implementation;

6. Requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.

B

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

Noting, in particular, the information contained in paragraphs 39 to 48 of that report,

Recalling its resolutions 32/40 B of 2 December 1977, 33/28 C of 7 December 1978, 34/65 D of 12 December 1979 and 35/169 D of 15 December 1980,

1. Notes with appreciation the action taken by the Secretary-General in compliance with General Assembly resolution 35/169 D;

2. Requests the Secretary-General to ensure that the Special Unit on Palestinian Rights continues to discharge the tasks detailed in paragraph 1 of General Assembly resolution 32/40 B and paragraph 2 (b) of resolution 34/65 D, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance;

3. Requests the Secretary-General to provide the Special Unit on Palestinian Rights with the necessary additional resources to accomplish its tasks and to expand its work programme, inter alia through:

(a) The organization, annually of a seminar in North America in addition to the regional seminars;

(b) More widespread dissemination of its publications in all the official languages;

(c) The translation of those publications into languages other than the official languages of the United Nations;

4. Also requests the Secretary-General to take necessary action on the redesignation of the Special Unit on Palestinian Rights, as requested in paragraph 1 of resolution 34/65 D, in keeping with the political importance of its work and its expanded work programme;

5. Further requests the Secretary-General to ensure the continued co-operation of the Department of Public Information and other units of the Secretariat in enabling the Special Unit on Palestinian Rights to perform its tasks, inter alia, through the production, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, of a film on Palestinian rights and through the provision of copies of the photographic exhibit on Palestinian rights installed at United Nations Headquarters and of other visual material for use by the Special Unit and United Nations information centres;

6. Invites all Governments and organizations to lend their co-operation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the Special Unit on Palestinian Rights in the performance of their tasks;

7. Notes with appreciation the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People and the issuance by them of special postage stamps for the occasion.

C

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

Recalling its relevant resolutions, particularly resolutions 31/20 of 24 November 1976 and ES-7/2 of 29 July 1980,

Gravely concerned that no just solution to the problem of Palestine has been achieved and that this problem therefore continues to aggravate the Middle East conflict of which it is the core, and to endanger international peace and security,

Convinced that wider international recognition of the facts underlying the question of Palestine will lead to a just solution of the problem,

Recognizing that a lasting peace in the Middle East requires a just solution of the problem of Palestine through the attainment and exercise by the Palestinian people of its inalienable rights,

Emphasizing the need for a comprehensive effort to seek effective ways and means to enable the Palestinian people to attain and to exercise these rights,

1. Decides to convene, under the auspices of the United Nations, an International Conference on the Question of Palestine not later than 1984, on the basis of General Assembly resolution ES-7/2;

2. Authorizes the Committee on the Exercise of the Inalienable Rights of the Palestinian People to act as the Preparatory Committee for the Conference and to take all the necessary steps for its organization, to hold sessions particularly for this purpose and to make recommendations regarding, inter alia, the site, scheduling of and participation in the Conference, and the provisional agenda of the Conference;

3. Invites all appropriate United Nations bodies, specialized agencies and other intergovernmental and non-governmental organizations to co-operate with the Committee in the implementation of the present resolution;

4. Requests the Secretary-General to appoint a Secretary-General of the Conference and to provide all the necessary assistance to the Committee in the organization of the Conference.

D

Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the recommendations contained therein,

Having heard the statement of the Palestine Liberation Organization, the representative of the Palestinian people,

Expressing its extreme concern that no just solution to the problem of Palestine has been achieved and that this problem therefore continues to aggravate the Middle East conflict, of which it is the core, and to endanger international peace and security,

Reaffirming that a just and comprehensive lasting peace in the Middle East requires a just solution to the problem of Palestine through the attainment by the Palestinian people of its inalienable rights,

Resolutely emphasizing the inadmissibility of the acquisition of territory by force,

Recognizing the need to work for a comprehensive, just and lasting peace in the Middle East,

Recalling and reaffirming its previous relevant resolutions, particularly resolutions 181 (II) of 29 November 1947, 194 (III) of 11 December 1948, 3236 (XXIX) of 22 November 1974 and ES-7/2 of 29 July 1980,

1. Reaffirms the inalienable right of the Palestinians to return to their homes and property in Palestine, from which they have been displaced and uprooted, and calls for their early return;

2. Reaffirms also the inalienable rights in Palestine of the Palestinian people, including:

(a) The right to self-determination without external interference, and to national independence and sovereignty;

(b) The right to establish its own independent sovereign State;

3. Reaffirms, in particular, that a comprehensive, just and lasting peace in the Middle East cannot be established without the withdrawal of Israel from all the occupied Palestinian and other Arab territories, including Jerusalem, and without the achievement of a just solution of the problem of Palestine on the basis of the attainment by the Palestinian people of its inalienable rights in Palestine in accordance with the Charter of the United Nations and the relevant resolutions of the United Nations;

4. Expresses its opposition to all policies and plans aimed at the resettlement of the Palestinians outside their homeland;

5. Demands that Israel should withdraw completely and unconditionally from all the Palestinian and other Arab territories occupied since June 1967, including Jerusalem, with all property and services intact;

6. Further demands that Israel should fully comply with all the resolutions of the United Nations relevant to the historic character of the Holy City of Jerusalem, in particular Security Council resolutions 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980, and rejects the enactment of a "basic law" by the Israel Knesset proclaiming Jerusalem as the capital of Israel;

7. Demands that Israel should fully comply with the provisions, in particular, of Security Council resolution 465 (1980) adopted unanimously on 1 March 1980;

8. Reaffirms the basic principle that the future of the Palestinian people can only be considered with its participation and calls for the participation of the Palestine Liberation Organization, the representative of the Palestinian people in all efforts, deliberations and conferences on the question of Palestine and on the situation in the Middle East to be held under the auspices of the United Nations, on an equal footing and on the basis of the relevant resolutions of the United Nations;

9. Endorses the recommendations of the Committee on the Exercise of the Inalienable Rights of the Palestinian People contained in paragraphs 49 to 53 of its report and draws the attention of the Security Council to the fact that action on the Committee's recommendations, as endorsed by General Assembly resolution 31/20, is long overdue;

10. Requests the Security Council to convene in order to consider the situation and the adoption of effective measures to implement the recommendations of the Committee as endorsed by the General Assembly in its resolution 31/20 of 24 November 1976;

11. Decides to include in the provisional agenda of its thirty-seventh session the item entitled "Question of Palestine".

E

Recalling and reaffirming its resolution 2253 (ES-V) of 4 July 1967, 2254 (ES-V) of 14 July 1967, 35/169 of 15 December 1980 and 36/15 of 28 October 1981,

Recalling the resolutions of the Security Council relevant to the character and status of the Holy City of Jerusalem, in particular resolutions 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980,

Reaffirming that the acquisition of territory by force is inadmissible,

Bearing in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the City,

Recalling the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,

Deploring the persistence of Israel in changing the physical character, the demographic composition, the institutional structure and the status of the Holy City of Jerusalem,

1. Determines once again that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and, in particular, the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, are null and void and must be rescinded forthwith;

2. Affirms that such actions constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East and a threat to international peace and security;

3. Reaffirms its resolution not to recognize that "Basic Law" and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem and calls upon all States, specialized agencies and other international organizations to comply with the present resolution and other relevant resolutions and urges them not to conduct any business which is not in conformity with the provisions of the present resolution and the other relevant resolutions;

4. Demands that Israel should fully comply with all resolutions of the United Nations relevant to the historic character of the Holy City of Jerusalem, in particular Security Council resolutions 476 (1980) and 478 (1980);

5. Requests the Secretary-General to report on the implementation of those resolutions within six months.

F

Recalling and reaffirming its resolutions 34/65 A and B of 29 November and 34/65 C and D of 12 December 1979 and 35/169 B of 15 December 1980,

Taking note of paragraphs 26, 27 and 52 of the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,

1. Strongly reaffirms its rejection of those provisions of the accords which ignore, infringe, violate or deny the inalienable rights of the Palestinian people, including the right of return, the right of self-determination and the right to national independence and sovereignty in Palestine, in accordance with the Charter of the United Nations and the principles of international law, and which envisage and condone continued Israeli occupation of the Palestinian territories occupied by Israel since 1967, including Jerusalem;

2. Expresses its strong opposition to all partial agreements and separate treaties which constitute a flagrant violation of the rights of the Palestinian people, the principles of the Charter and the resolutions adopted in the various international forums on the Palestinian issue, as well as the principles of international law, and declares that all agreements and separate treaties have no validity in so far as they purport to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 1967, including Jerusalem;

3. Declares that no State has the right to undertake any actions, measures or negotiations that could affect the future of the Palestinian people, its inalienable rights and the occupied Palestinian territories without the participation of the Palestine Liberation Organization on an equal footing, in accordance with the relevant resolutions of the United Nations, rejects all such actions, measures and negotiations, and considers all such actions, measures and negotiations as a flagrant violation of the inalienable rights of the Palestinian people;

4. Decides that all actions, measures and negotiations to implement or execute such accords and agreements, or any part thereof, are null and void in so far as they purport to determine the future of the Palestinian people and of the Palestinian territories occupied by Israel since 1967, including Jerusalem.

Sources: The United Nations