A/35/PV.75 General Assembly

Monday, Dec. 1, 1980 — Session 35, Meeting 75 — New York — UN Document ↗

OffICial Records
Page

24.  Question of Palestine: report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People

I now call on the Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, Mr. Falilou Kane. 2. Mr. KANE (Senegal), Chairman of the Committee on the Exercise of the Inalienable Rights of the Pa- lestinian People (interpretation from French): Upon the opening of this debate one thing must be noted: while, since the end of the Second World War and the creation of the Organization, major conflicts have broken out and have even led to the brink of conflagra- tion, all those conflicts have been resolved with the help of time and thanks to the diplomacy and the spirit of conciliation of the political leaders of the parties involved. 3. The affairs of Berlin, Korea, Suez, Viet Nam, Panama and, nearer home, Rhodesia-Zimbabwe-are no longer the subject of debate in the General As- sembly or in the Security Council. 4. However, those questions gave rise to human tragedies and caused much bloodshed. They filled the newspaper headlines and monopolized discus- sions in the major foreign ministries for many years. If they are brought up today it is perhaps in the limited circles of historians, diplomats or students of diplo- matic law. 5. Unfortunately, that is not the case with the ques- tion of Palestine, even 33 years after the partitioning of Palestine, which was decided upon with the adop- tion of General Assembly resolution 181 (11) of 29 No- vember 1947. 6. Those who do not know about this question accuse the United Nations ofa failure and an incapacity to resolve the major problems of our time. The media for their part too easily sound the trumpet of defeat and make the accusations, often manipulated by hidden interests. NEW YORK 7. For a long time the world has closed its eyes to the Palestinian reality and has stopped its ears so as not to hear the cries of despair of the Palestinian people or listen to the screams of a suffering people. Such an attitude is no longer possible at the present time, and to ignore the situation in occupied Palestine today is to show culpable political blindness. 8. The General Assembly, with the creation of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, intended to change the per- ception people had of the question and to place it in its proper perspective. Dealt with yesterday as a simple question of refugees, the question of Palestine today is of pre-eminent importance in the work of the United Nations, since it feeds the debates of all inter- national organizations, governmental or otherwise, that have any influence on the affairs of the world. The question facing the human conscience with respect to the Palestinian problem can no longer be reduced to banality, as it was at the outset by the Zionist slogan: "A land without people and a people without land". 9. We are no longer at a stage when the Prime Min- ister of Israel is so lacking in shame as to say: "Who are the Palestinian people? I have never heard of them. They do not exist. " to. We must continue to deplore the fact that in Europe and North America, where paradoxically the communication media are the most sophisticated, the Palestinians and their liberation struggle are pre- sented in an unfavourable light, and their legitimate aspirations and inalienable rights have been passed over in silence or distorted. We know the reason for that. 11. It is, first of all, the shortness of view and the lack of imagination of the Israeli leaders, who thought that it was enough to ignore a problem for that problem to be resolved, that it was enough for the Palestinians to be integrated in the Arab cr antrles where they had taken refugefor there to be no more talk of a Palestinian question. Today that shortness of view leads those leaders to think that the unfortunate War between Iran and Iraq or the dissension in the Arab world, where unfortunately there are clouds gathering today over two neighbouring countries gives the Begin Govern- ment and Israel a respite. 12. In the second place, the reason is the failure of the mass media in general and in particular the major newspapers such as The New York Times and The Washington Post and the major American television networks, NBC, CBS and ABC, which are dominated by Jews. Those are not my words but the words of Mr. Nahum Goldmann, in an interview he gave and which was published in the magazine Jeune Afrique , issue No. 1034, of 29 October 1980. I A Framework for Peace in the Middle East qreed at Camp David, and Framework for the Conclusion of a Treaty between E.ypt and Israel, sianed in Washin.ton on 17September 1978. Haddad, we may realize that this is no mere coinci- dence, but rather the culmination of a plan of action long drawn up and developed by the Israeli leaders. It is serious and disturbing when there exists in a State a conspiracy of silence and injustice. Again, it was Mr. Moshe Sharett who said at a meeting of the Mapai party secretariat on 11 January 1961 that "The phenomenon that has prevailed among us for years is that of [our] insensitivity to acts of wrong... to moral corruption... For us, an act fl~ wrong is in itself nothing serious; we wake up to It only if the threat of crisis or a grave result-the loss of position, the loss of power or influence- is involved. We don't have a moral approach to moral problems, but a pragmatic ap;Jk iach to moral problems... ••All this brings about revulsion in the sense of justice and honesty of public opinion; it must make the State appear in the eyes of the world as a savage State that does not recognize the principlesofjustice as they have been established and accepted by contemporary society."? As I have said, those words go back to 1961. 19. Those statements are unequivocal. Israel writes its own law and acts within it, without taking into account the moral aspect, without regard for inter- national law and practice. What ;~ worse, it thinks that it is right, as opposed to the immense majority of the community of countries assembled here. Itflouts the recommendations of the General Assembly and the resolutions of the Security Council. The most recent are Security Council resolution 478 (1980) of 20 August 1980 on Jerusalem and General Assembly resolution ES-7/2 of 29 July 1983. 20. Security Council resolution 478 (1980) called upon Israel to repeal its decision on the annexation of Jerusalem, which the Council considered to be illegal and null and void. One of the consequences, and not the least of them, was the withdrawal of all the embassies that had been established to that date in Jerusalem. 21. The reply contained in the report of the Secre- tary-General and dated 11 November 19~()4 is clear. That country refuses to abrogate the Knesset law on Al Quds. That country thinks rather that it is other countries that must accept its point of view. That, then, is another challenge in the already long list of Israel's challenges to the United Nations. 22. In resolution ES-7/2, after having reaffirmed the rights of the Palestinians and the principle of the inadmissibility of the acquisition of territory by force, the Assembly called upon Israel, inter alia, to begin by 15November 1980 to withdraw from the Arab and Palestinian territories occupied since 1967, including Jerusalem. 23. Once again Israel is refusing and hiding behind the process that was begun within the framework of the Camp David agreements. The Secretary-General's report [A/35/618-S/I~250] has given us the answer to that. 24. The Organization would rightly be accused of weakness if today it were to be satisfied with simple verbal condemnations. It is not normal for a State that owes its existence to intemational law to turn its back on that very law. Yet that is what we note Rights of the Palestinian People, Mr. Victor Gauci of Malta, to introduce the Committee's report. 48. Mr.' GAUCI (Malta), Rapporteur of the Com- mittee on the Inalienable Rights of the Palestinian People: Five years have elapsed since the establish- ment of the Committee on the Exercice of the Inalien- able Rights of the Palestinian People, and this is the sixth consecutive time that I have formally been entrusted with the task of introducing the report of the Committee-this year contained in document A/35/35. 49. In doing so, I wish to record the spirit of co- operation which consistently prevailed throughout this period among the members of the Committee, as they confronted the complex tasks put before them by the General Assembly. A special commendation goes to Mr. Kane of Senegal, who has led us with dedication, eloquence and enthusiasm throughout the past year, maintaining the exacting standards set by his predecessor, Mr. Fall. We shall miss them both. 50. The report is brief and speaks for itself Essen- tially, it is a continuation of the painstaking work of the Committee against firmly entrenched opposition. Positive movement is agonizingly slow. The Com- 58. The third area of the Committee's work has been among the most necessary and has proved the most fruitfUlofour activity, which at least is generating increasing momentum for a peaceful and just solution, as I propose to show. 59. The period under review was particularly busy for the Committee. In close co-operation with the Special Unit on Palestinian Rights of the Secretariat, we have expanded our efforts to inform the public on the real nature of the Palestine question, thus enhancing international understanding and support for the legitimate rights of the Palestinian people and restoring balance to the distortions on this question promulgated in the past by the popular press. 60. We have participated in the organization of numerous seminars, lectures and discussions on impor- tant aspects related to the problem of Palestinian rights and we have taken part in others, so as to present the point of view of the United Nations on this issue. At Arusha and Vienna eminent scholars presented detailed papers on several aspects of the question of Palestine which the Unit intends eventually to publish. Many more countries are showing interest in acting as host to seminars on this question, a factor which the Committee welcomes despite the increased work- load which it entails for its members. More seminars 62. The most predictable and the most recent' example of this unfounded criticism is the letter dated 31 October 1980 from the Permanent Representative of Israel to the United Nations addressed to the Secre- tary-General [A/35/587 and Corr./]. Referring, in that letter, to the publications prepared by the Special Unit on Palestinian Rights, he branded them as "pseudo-scientific studies" which "all rest on flawed foundations"; he claimed that "as a result, their con- clusions are untenable". Later in the same letter, he harshly attacked the Committee on the Exercise ofthe Inalienable Rights of the Palestinian People, calling it "nothing but a pliant tool in the hands of the PLO". 63. Apart from the obvious fact that these asser- tions run squarely against world public opinion as expressed in the General Assembly, I regret having to point out that they also run counter to the prin- ciples of justice, legality and morality which are the very basis of the Committee's recommendations-the same principles which theoretically should govern relations between countries and peoples. 64. If the Committee has been partial at any time, it has been so only in response to the will of the inter- national community and to the mandate given to it to draw up a programme which will enable the people of Palestine to obtain rights to which they have long been entitled but which so far they have been unable t.o attain. There is no question that acceptance of these rights is now quasi-unanimous in the United Nations, except for those who seem to have arbitrarily and unilaterally decided that they do not consider these principles as being applicable to the Arab people of Palestine. This anomaly is precisely what the Com- mittee is trying to overcome at the behest ofthe General Assembly. 65. The studies prepared by the Unit lay no claim to tdng perfect; it would indeed be most remarkable if, on questions which have given and continue to give rise to so much controversy, there should be no dis- senting opinion. We have in fact received suggestions for improvements from all sides. The Committee does not claim infallibility in these publications, but is strongly insistent on objectivity. Any Member State is urged to participate when these studies are being prepared. The Committee does not wish to encourage academic nit-picking on its studies; it wishes only to present brief, readable, objective and factually dis- passionate analyses of important elements of the 69. Even within the Secretariat there seem to be occasional attempts to impede the work of the Com- mittee. The article published in the Secretariat News on 16 October 1980 was, to put it mildly, quite de- plorable, but the Committee did not see fit to demean itself by giving any official reply to that article.. 70. Another surprising occurrence is the disappear- ance from the United Nations collection in the Dag Hammarskjold Library of several important docu- ments related to the question of Palestine. 71. On the other hand, it must be stressed that this is not a general pattern. On the contrary, the con- stantly growing international support for the cause of Palestinian self-determination is certainly a reason for optimism. We must hope that in the near future that support will come closer to being universal, so that a concerted effort will finally be made to come to grips with this human drama. The Committee will in any case continue to work assiduously towards this objective in future. 72. That iuternational support was clearly em- phasized by the vote taken in the Assembly during the seventh emergency special session, on the ques- tion of Palestine, held last July, and it is steadily increasing. A few weeks ago, for example, the Na- tional Council of Churches in the United States called for the recognition of the right to self-determination of the Palestinian people and recognized the PLO as that people's only legitimate representative. That endorsement undoubtedly shows the changing attitude of the United States public at large to the solution of the Palestinian problem. It is an important element, 74. The issue, then, despite its historical com- plexity, despite the ravages of violence, despite the intensity of feelings it gives rise to, boils down to a few crucial factors. With international acquiescence, Israel long ago acquired its cherished statehood. The Palestinians have not yet attained in practice what the international community has authorized in theory. Frustrated but insistent, they are trying to attain their place in the sun by peaceful means through the United Nations. Their call has elicited an overwhelmingly favourable response within the context of a com- ,:>rehensive Middle East solution under Security Council auspices. They rightly do not wish lto have their future decided for them behind their backs. They want to participate and they want the result to be genuine self-determination, not mere administrative autonomy. 75. The recommendations of the Committee provide a phased and supervised programme for the attain- ment of that Jegirimate objective by peaceful means. Other approaches have serious shortcomings which must be remedied if those approaches are to succeed. There can hardly be an area more desperately in need of a positive breakthrough at the present delicate stage in international relations than that of Palestine, nor can there bea people more deserving than the long- suffering Palestinians, so that their bitterness over the past m.ay become transformed into a tangible expectation of liberty and progress for the future. 76. To return to a phrase I used when I introduced the first report of the Committee, no objective ob- server, no advocate of peace, no champion of human rights, can fail to heed this call, now less than ever before. As has rightly been said: "Because we are free, we cannot be indifferent to the fate of freedom elsewhere". The Palestinians are awaiting our re- sponse, and they have waited long enough. 77. The PRESIDENT: The next speaker is Mr. Farouk Kaddoumi, head of the Political Depart- ment of the PLO, and I call on him on the basis of General Assembly resolution 3237 (XXIX) of 22 No- vember 1974. 78. Mr. KADOOUMI (Palestine Liberation Organi- zation) (interpretation from Arabic): Mr. President, allow me at the outset to congratulate you on your 7 John Edwin Mroz, Beyond Security (New York, Perpmon Press, 1980). 82. The Assembly meets again to discuss the ques- tion of Palestine as it has been doing since 1948. The question of Palestine is as old as the United Nations itself. The United Nations has lived with this question since its inception, as did the League of Nations before it, because it is one of the questions that demands a just solution and the continuance of which constitutes a heavy burden on the conscience of the world. 83. In July the Assembly held its seventh emergency special session, in line with the principle of uniting for peace, in order to consider the question ofPalestine and the widening area of danger [n the Arab-Zionist conflict. That session was held in response to the urgent call by the Committee on the Exercise of.the Inalienable Rights of the Palestinian People, whose comprehensive reports and continued efforts to im- plement United Nations resolutions deserve respect and appreciation. We therefore thank its Chairman, Mr. Kane, its Rapporteur, Mr. Gauci, and all its . members. 84. TodaY,four months later, I address the General Assembly again with the feeling that I can repeat without arty change what I stated at the 1st meeting of the seventh emergency special session. If I add anything, it is to .provide evidence of the Zionist enemy's crimes against our people within and outside the occupied territories'and of its continued challenge to the United, Nations and international law. 8S. The tragedy continues. Resolutions are adopted here based on principles of justice and peace, only to remain on pa.per, while there, in the arena of con- flict, the Israeli enemy applies the law of the jungle and of racism and Fascism with impunity, using violence, brutality and terrorism, contemptuously defying world public opinion and all the laws and principles upheld by civilized humanity. 89. As I said before, we pose the question although we know the answer. Without the United States of America the Zionist enemy would not today be as arrogant and aggressive as it is. When Israel needs arms, the United States, Washington, provides it with the most sophisticated and lethal weapons in its arsenals, including internationally prohibited arms. If it needs political support, the Government in Wash- ington uses its veto power to protect it and make the international decision ineffective. The United States of America has abused its right of veto and put it at the service of the protection of Israel. We realize all that, and still we persist in posing this question. IS this all the United Nations can do-adopt resolu- tions, then make appeals and express wishes for their implementation? Although the United Nations has no navy, 'air force or rapid deployment force, it certainly has the power of its legitimate international position, the power to oppose those that reject the Organization and violate its resolutions, the power to expel a Mem- ber that does not comply with its will and persists in violating its principles and the power to impose sanc- tions on those that threaten the destiny ofa people and the future of world peace. 90. The Charter of the United Nations clearly states its right to impose sanctions where needed. Why has it not been possible to impose such sanctions? If it is possible, how long will the hesitation to apply them last? 91. Yes, it is the United States veto that prevents the Security Council from taking a decision to impose sanctions on Israel. Is it at all possible for the Member 92. Our call today for the imposition of sanctions on Israel is made out of concern for the principles of the Charter, out of deference to the judgeiand to justice and in order to punish the convict that. daily shows anew its lack of respect for that same-.Orga- nization to which it is indebted for its very existence. A resolution imposing sanctions on Israel innaccor- dance with the principles of the Charter would" in our opinion, enhance the prestige of the United Nations and would activate its vital role in the international arena at a time when human society has a feeling of apprehension and deep anxie,ty over the threat to international peace posed by Israel's persistent contempt for United Nations resolutions and non- compliance with the will of the international com- munity. 93. We did not come here to repeat statements that the Assembly has often heard from us or that we have all heard before from the overwhelming majority of the members of the Assembly about the crucial nature of the question of Palestine and the need to find a just solution in accordance with the Charter and the resolutions whica state the need to recognize the na- tional rights of our people to return to their lands, to self-determination and to independent statehood in Palestine, its national territory. 94. Needless to say, the circle of international support has expanded to include parts of Western Europe, which have begun to develop their position, albeit inadequately, in official statements and declara- tions resulting from a realization of the dangerous nature ofthe situation and ofits possible development. 95. Everybody knows the degree and extent of our commitment to the principles and resolutions of the Organization concerning our cause. I need not say that had it not been for the United States veto as regards a number of draft resolutions submitted by neutral States and groups we should have made .the desired progress in all these endeavours. The continued obstruction by the United States of the action of the United Nations constitutes a danger to us all, including the people of that country itself. It is time for the United States, as one of the great Powers, to take seriously its responsibility as regards the United Nations, the Charter and the resolutions adopted, and as regards the cause of a just peace. It should recognize the bankruptcy of its current Middle East policy and the failure of the method adopted by the Camp David accords. It is that policy that has caused all the tensions, complications, divisions and wars that our region is witnessing and that portend further danger. 96. In this connexion we wish to refer to the pending change of Administration after the defeat ofMr. Carter and the accession of Mr. Reagan to the United States Presidency, for both of them have, during the electoral campaign, turned our cause and the future of our people into a commodity in the electoral market, without respect for human values, international rela- tions and the moral values involved in such relations. 105. It would have been better for Mr. Reagan to rebel against the State terrorism that Israel practises. He should denounce the terrorist crimes committed by Begin against the international mediator, Count Bernadoae, and against the elected mayors in our 119. No doubt the continued denunciations and rejections of colonial expansionist Israel in its policy are necessary and useful, but the experience of all these years shows that verbal punishment is no I~nger sufficient. Movement forward should be made ID the search for concrete measures which can be adopted, as has been done against the other racist entities, such as South Africa, the Israel of the African con- tinent. The delegation of the PLO believes that th.e various international groups could increase their role in the preliminary search for a just political solu- tion to this chronic and dangerous problem. Such an increase in their role would make it easier for the international community, within the framework of the United Nations, to exercise more effective pressure. 120. Recently, some Western European represen- tatives especially the United Kingdom, have called for deiay and postponement until the new admin- istration in Washington has read its Middle East file, understood it and decided on its position. Those countries realize more than others, in the light of the understanding of their Governments of the question 123. Although we note the relative development in the position of Western European States and wish to continue contact with them, we say frankly that Western Europe is requested to go beyond a mere statement of position and wishes and calls for the achievement of the just solution. This jus~ solution starts with th adoption of independent positions, far from the approach of the Camp David agreements, and should result from considering Security Council resolution 242 (1967) as an ,inadequate basis for the settlement of the Middle East crisis, and especially the Palestinian issue. That has not been achieved so far, and it must be achieved as a basic condition for the establishment of a just peace. 143. If the General Assembly is to take a clear and specific stand in dealing with the question of Palestine in its live context and if it really has the willto achieve a just and lasting peace in the Middle East, we must implement the relevant General Assembly resolutions and oblige Israel to comply with those resolutions, which are based on two essential points: first, the complete and unconditional withdrawal by Israel from all occupied Arab territories and, secondly, the granting of the inalienable rights of the Palestinian people, according to the principle, nature and limits of those rights as defined by the General Assembly. 144. In paragraph 5 of his report the Secretary- General stated what measures should be taken at this stage in order to implement the recommendations of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, and referred to