A/35/PV.95 General Assembly

It has been customary for the Assembly merely to take note of the annual report of the Secretary-General on the work of the Organization [A/35/l], which was referred to on several occasions in the course of this session. If I hear no objection, I shall take it that the Assembly wishes to follow that practice. It was so decided (decision 35/433).

The report of the Security Council covers the period from 16June 1979 to 15June 1980 [A/35/2]. May I consider that the General Assembly takes note of the report of the Security Council? It was so decided (decision 35/434).

The report of the International Court of Justice covers the period from 1 August 1979 to 31 July 1980 [A/35/4]. 6. If no representative wishes to speak, I propose that the General Assembly take note of the report of the International Court of Justice. It was so decided (decision 35/435).

In his note [A/35/753] the Secretary-General informs the Assembly, that he wishes to nominate Mr. Mostafa Kamal Tolba to be Executive Director of UNEP for a further term of four years beginning on 1 January 1981. 8. May I take it that the Assembly wishes to elect Mr. Tolba as Executive Director of UNEP for a four- year term beginning on 1 January 1981, as recom- mended by the Secretary-General?

On behalf of the Assembly, I congratulate Mr. Tolba and wish him continued success in his important work. (j) Confirmation of the appointment of the Executive Director of the United Nation!> Special Fund for Land- locked Developing Countries

In his note relating to the confirmation of the appointment. of the Executive Director of the United Nations Special Fund for Land- Locked Developing Countries [A/35/745], the Secre- tary-General states that he is not submitting an appoint- ment for confirmation by the General Assembly. 11. May I take it that the General Assembly takes note of document A/35/745? It was so. decided (decision 35/320).

We now turn to the reports of the Sixth Committee on agenda items 51, 103, 104, 106, 108, 109, 110, 111, 112 and 114. 13. I invite the Rapporteur of the Sixth Committee, Mr. Wolfgang Harnpe, of the German Democratic Republic, to introduce the 10 reports in a single intervention. 14. Mr. HAMPE (German Democratic Republic), Rapporteur of the Sixth Committee: I have the honour to present to the General Assembly the reports of the Sixth Committee on its consideration of agenda items 51, 103, 104, 106, 108, 109, 110, 111, 112 and 114. I have previously had the opportunity to introduce to the General Assembly the reports of the Sixth Com- mittee on agenda items 29, 102, 105 and 107 [81 st meeting]. Thus the Assembly has now received the reports pertaining to all 14 items which it allocated to the Sixth Committee for consideration at the beginning of this session. In introducing the reports which are being taken up today, I shall follow the numerical order which has been assigned to them. 15. I shall therefore first refer to agenda item 51 on peaceful settlement of disputes between States. The report of the Sixth Committee on its consideration of that item is contained in document A/35/737. 18. I now invite the Assembly's attention to item 106 of the agenda on the report of the International Law Commission on the work of its thirty-second session. Following discussion of the item, the Sixth Committee adopted by consensus the draft resolution contained In paragraph 8 of its report [A/35/731]. Allow me to express the hope that the General Assembly will similarly adopt this draft resolution by consensus. 19. Turning now to agenda item 108 on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, I should like to refer to the relevant report of the Sixth Committee [A/35/732] and to the Committee's recommendation contained in para- graph 15 of that report. The draft resolution which is recommended for adoption was adopted by the Com- mittee, in a recorded vote, by 98 votes to none, with 17 abstentions. 20. With regard to agenda item 109, on the report of the Committee on Relations with the Host Country, the Sixth Committee recommends that the General Assembly should adopt the draft resolution contained in par-graph 8 of its report [A/35/733]. The Com- mittee adopted the draft resolution by consensus, and it is my hope that the Assembly will similarly adopt it. 21. In paragraph 5 of its report on item 110, on registration and publication of treaties and interna- tional agreements pursuant to Article 102ofthe Charter of the United Nations the Sixth Committee recom- mends that the General Assembly adopt a draft decision. 22. On agenda item Ill, on consolidation and pro- gressive development of the principles and norms of international economic law relating in particular to the legal aspects of the new international economic order, the Assembly's attention is drawn to the report of the Sixth Committee 0'1 that item [A/35/735]. In paragraph 10 of that report, the Committee recom- mends to the Assembly a draft resolution which it adopted by a recorded vote of 92 votes to 6, with 16 abstentions.

The reports of the Sixth Com- mittee not having been discussed, statements will be limited to explanations of vote. -I'he positions ofdelega- tions regarding the various recommendations of the Sixth Committee have been made clear in the Com- mittee and are reflected in the relevant official records. 27. May I remind members on this occasion that under decision 34/401 the General assembly agreed that when the same draft resolution is considered in a Main Committee and in the plenary meeting, a delegation should, as far as possible, explain its vote only once, that is, either in the committee or in the plenary meeting, unless that delegation's vote in the plenary meeting is different from its vote in the Committee. May I also remind members that, in accordance with that decision, explanations of vote should not exceed 10 minutes and should be made by representatives from their seats. 28. We shall now consider the report of the Sixth Committee on agenda item 51 [A/35/737]. 29. The Assembly will now take a decision on the draft resolution, recommended by the Committee in paragraph 10 of its report. The Committee, as mem- bers will recall, adopted that draft resolution by con- sensus. May I take it that the Assembly wishes to do the same?

Next, we turn to the report of the Sixth Committee on agenda item 103 [A/35/729]. 31. The Assembly will now take a decision on the recommendation of the Committee in paragraph 8 of its report. The Committee adopted the draft resolu- I The delegation of Malawi subsequently informed the Secretariat that it wished to have its vote recorded as an abstention. 7/1(, draft resolution \l'lIS adopted (resolution 35/ /65). 45. The PRESIDENT: Next, we shall consider the report of the Sixth Committee on agenda item 110 [A/35/734]. 1 The delegations of Angola. Equatorial Guinea and Liberia sub- sequently informed the Secretariat that they wished to have their votes recorded as having been in favour of the draft resolution; and the delegation of Afghanistan subsequently informed the Secre- tariat that it wished to have its vote recorded as an abstention. 1 The delegations of Equatorial Guinea. Liberia and the Libyan Arab Jamahiriya subsequently informed the Secretariat that they wished to have their votes recorded as having been in favour of the draft resolution. 4 The delegation of Equatorial Guinea subsequently informed the Secretariat that it wished to have its vote recorded as having been in favour of the draft resolution. 62. I wish to say that in the parlous state in which diplomatic status finds itself today-and I would recall that several of our own Missions have been intended victims of assassin attacks mounted by that so-called national liberation movement-the Sixth Committee and the General Assembly have better and more important things to do than to find new ways and means of pampering that terrorist organization which is now seeking a quasi-diplomatic status without the usual guarantees for that status, in order to facilitate the performance of its nefarious activities. 63. To the best of my recollection the General Assembly has not yet found it timely to make any examination of-the matter on which it is now asked to take a decision. We take particular exception to the fourth preambular paragraph, where it is said that the draft resolution will, among other things, help to strengthen international pea-e and co-operation. Just how far removed that is from reality can be seen from the simple fact that before the United Nations Con- ference on the Law of the Sea could be persuaded to accord observer status to certain of those move- ments, and one of them in particular, the President of the Conference, whose demise the other day we mourn, "had been solemnly assured that the presence of the national liberation movements would not be used to divert the attention of the Conference from its fundamental work. "8 64. ! wonder if the proposal now before the Con- ference on the Law of the Sea, with which the sponsors of the' draft resolution before us are associated, that national liberation movements should be entitled to become contracting parties to the new convention on the Law of the Sea, is consistent with that solemn undertaking given to the President of a major interna- tional conference who was known for his sympathies towards national liberation movements. 65. Far from helping to strengthen international peace and co-operation, the national liberation move- ment closest ro the sponsor of the draft resolution has consistently shown itself to be an obstacle-a major obstacle-s-to international peace and security. We only have to look at the debates that have just taken place in the General Assembly itself to verify what I have said. 66. These and other reasons, including those men- tioned in our statement in the Sixth Committee on 26 November 1979,9 explain our negative vote. Oil the Law of the Sea, vol. I, 40th plenary meeting, para. 60. (United Nations publication, Sales No. E.75.V.3). 9 See Offlcia! Records of the General Assembly. Thirty-fourth Session, Sxith Committee, 52nd meeting, paras. 23 and 24; and ibid.. Sixth Committee, Sessional Fascicle, corrigendurn.

I was under the impres- sion that when the work of this session was organized it was decided that rights of reply would be exercised at the end of the day. Now I would not have mentioned this at this point had not the same question occurred at the last meeting of the Sixth Committee, which also had a number of items on its agenda. One representa- tive wanted to reply in the course of the discussion on a particular agenda item, but the Chairman ruled, in accordance with the earlier decision of the General Assembly, that rights of reply would have to be exercised at the end of the day.

In connexion with the inter- vention by the representative of Israel, the Assembly will be aware of the fact that rights of reply will be exercised after each item if several items are discussed in one meeting and it was, incidentally, so decided last week when the representative of Israel asked to be allowed to exercise the right of reply. I now call on the representative of Kuwait.

As Chairman of the group of Arab States, I should like to say the following. The Israeli representative had the audacity to describe the Palestine Liberation Organization [PLO] as a terrorist organization while explaining his vote on the draft resolution in question. 72. Israel should be the last country in the world to call other people terrorists. Its record speaks for itself. Newspapers and world news media in the West and elsewhere abound with reports about Israel's acts of terrorism in the occupied Arab territories. It is universally recognized that in the West Bank and Gaza the occupier engages in brutality, abuse and torture as a regular practice. 73. The imprisonment of Arabs involves horrors far beyond the mere punishment of serving time. Torture is now a systematic measure adopted in prisons in the occupied territories: electric shocks, boiling water, inhuman beatings to all parts of the body, hanging by the legs and hands, the pulling out of finger-nails and toe-nails and exposing prisoners to the bites of bull- dogs. Collective punishment is now common practice. A recent case occurred in Halhoul from 15 to 30 March 1979. For 16 days a total curfew was imposed on the entire town in response to a Jus-stoning incident. If one shot is fired from an Arab house, a whole Arab street is demolished by the Israeli authorities. The harassment of Palestinian educational institutions is constant. Friction occurs because universities and high schools are places of intellectual freedom, not because the Israeli authorities allow it, but because such insti- tutions are its natural abode. 74. Only a few days ago, 13 students, including girls, were killed or wounded in one university in the West Bank alone. I am sure members recall how Israel connived at maiming and killing mayors in the West Bank simply because they refused to co-operate in perpetuating the Israeli occupation. If something more 79. I shall now call on those representatives who wish to speak in explanation of vote before the vote.

For very obvious reasons, the Turkish delega- tion has lent its full support to the inclusion of this item in the agenda. The Assembly will no doubt under- stand that it is impossible for a representative of Turkey to remain silent when this question comes up for discussion, since Turkish missions, diplomats and consular officials, as well as members of their families, have on frequent occasions suffered inhuman and callous brutality. 81. From our viewpoint, this immensely important question should be dealt with on a strictly legal and humanitarian level, and its examination should not be motivated by political or ideological considerations. 82. The Turkish delegation welcomes the fact that all the practical measures recommended by the Sixth Committee in paragraph 9 of its report, which derive from just such an impartial and objective examination, enjoy the broadest possible consensus. 83. In recent years, alarming acts of increasing gravity have more and more frequently been per- petrated against the security of missions and diplomatic and consular representatives. The situation has deteriorated to a dangerous extent, and missions and diplomatic and consular representatives are seen to be running greater risks than ever before. As a result, no country, community or region can consider itself safe from this senseless wave of violence. This wave of terrorism not only infringes the most sacred indi- 89. Operative paragraphs 7 and 8 are of paramount importance for those paragraphs make it incumbent upon States to report, in each specific case, on the implementation of protective measures already taken, on proce, iings undertaken to bring the offenders to justice and on the final outcome of those proceedings. Those same operative paragraphs recognize that the responsibility of each State for such infractions committed on its territory goes beyond simple security precautions and that the State is obliged to bring the criminals to justice and to take effective action to prevent any repetition of such acts. 90. In operative paragraph 8, the Secretary-General is requested to circulate to all States the reports received by him, unless requested otherwise by the reporting State. The implementation of that operative paragraph will, in our opinion, make it possible to judge the effectiveness of measures taken by States to deal with offenses committed on their territory against the security and safety of missions and the;r personnel. 91. In adopting the draft resolution, the {J.rited Nations will be recognizing the imperative need to prevent and to curb acts of violence against diplomats

I should like to remind repre- sentatives that at the 89th plenary meeting, on 10 De- cember, five draft resolutions, A/35/L.38 to A/35/L.42, were introduced. 99. In connexion with draft resolution A/35/L.38, an amendment was also proposed at the 89th meeting by the Rapporteur of the Committee on the Exercise of the Inalienable Rights of the Palestinian People. 10 lbid., Thirty-fifth Session, Sixth Co1/11/1ittee . 61st meeting, para. 47. and ibid .. Sixth Committee, Sessional Fascicle, cord- gendurn. * Resumed from the 89th meeting. 105. The P~ESIDENT: I take it that the Assembly wishes to follow the recommendation of the representa- tive of Malta not to vote on draft resolution A/35/L.38/ Rev.l at this juncture but to return to it later this morning. 106. I shali now call on those representatives who wish to explain their vote before the vote on any or all five draft resolutions. Since I have a long list of representatives who wish to explain their votes either before or after the vote, I wish once again to remind members that the Assembly decided last year, in decision 34/401, that explanations of vote would be limited to 10 minutes and that delegates should make them from their seats. I have an electronic device that counts the minutes and I shall have to interrupt any representative who speaks for longer than 10 minutes. 107. Mr. de PINIES (Spain) (interpretation from Spanish): I do not think that there are any arguments that have not already been expressed in the Assembly in connexion with the question of Palestine. The injustice and the historical tragedy suffered by the 108. There are many items on the agenda of the Assembly which refer to that tragedy and, as the Secretary-General has stated in his report on the work of the Organization, the main aspects of the Middle East problem are interdependent and inseparable [see A/35/ I. sect. IV]. Therefore, it is necessary to make constant and determined efforts to arrive at a just solution through negotiations in which all the parties concerned would participate, including the PLO. 109. Draft resolution A/35/L.38/Rev.l-regardless of the amendment just introduced by the delegation of Malta-and draft resolutions A/35/L.40 and Add.I, A/35/L.41 and Add.1 and A/35/L.42/Rev.1 and Rev.l/ Add.I deal with various aspects of the reality of the Palestinian problem and in particular the reaffirmation of the right of the Paletsinian people to self-determina- tion and to the establishment of its own homeland. Draft resolution A/35/L.38/Rev.1 contains a recom- mendation to the Security Council requesting that it take effective measures, and in this respect, we should like to express a reservation because from I January next year Spain will be a member of the Security Council and we do not want to prejudge our poi.ition in that body or what that body might decide. Apart from that reservation, we shall vote in favour of the four draft resolutions. 110. With respect to draft resolution A/35/L.39 and Add.l , we naturally understand it as referring only to the rights of the Palestinian people and not in any way as affecting agreements that other parties in the area may have reached. With this reservation, we shall also vote in favour of that draft resolution. Ill. Mr. LEROTHOLI (Lzsotho): My delegation regards the whole of draft resolution A/35/L.38/Rev.1 as an important measure to advance the solution of the Middle East problem, particularly the central issue of retrieving the rights of the Palestinian people from permanent internment. However, we have reserva- tions concerning certain proposals therein, which we consider fundamentally prejudicial to the Middle East problem as a whole. 112. First, the draft resolution does not reaffirm the most important resolutions of the Security Council through which that organ of the United Nations succeeded in stabilizing the situation and in facilitating the restoration of peace in the Middle East during two difficult periods of historical conflict in that region, namely resolutions 242 (1967) and 338 (1973). 113. In fact operative paragraph I of the draft resolu- tion seeks to question the effectiveness of Security Council resolution 242 (1967), on the grounds that it does not provide an adequate basis for a just solu- tion of the question of Palestine. As far as my delega- tion is concerned, the amendment proposed by the representative of Malta provides us with no better perspective and it is certainly even more confused. 119. We urge the sponsors of the draft resolution to ponder very carefully what it is they have set out to commit the world to, lest all mankind, including future generations of Palestinians, turn to point an accusing finger at them for eternity. 120. Another elernett of draft resolution A/35/L.38/ Rev.l which my dr .egation is unable to accept is operative paragraph 8, which seeks the unconditional withdrawal of Israel from the Arab lands occupied after the various wars. Lesotho firmly adheres to t.he principle of the withdrawal by Israel from all Arab lands occupied as a result of the Middle East wars, but that matter must also be the subject of a formal settlement in the terms of Security Council resolu- tion 242 (1967), with all parties taking part on an equal footing to resolve those issues that constitute forces underlying the generation of tension in the area. There is no easy way.

With regard to this item the delegation of Ecuador wishes to reaffirm its respect for the prin- ciples which have guided its foreign policy and its previous statements, in particular, rejection of any acquisition of territory by force, defence of the right to self-determination of peoples and support for the legitimate and inalienable rights of the Palestinian People to independence and national sovereignty, as well as for the right of Israel to an existence recognized by all States. 121. My delegation appeals to all parties to seek to adhere to the provisions of Security Council resolu- tion 242 (1967) in pursuit of a just settlement of the whole problem. The surest gateway thereto is the elusive regional peace treaty to be drawn up by, and with the solemn commitment of, all the combatants themselves, on an equal footing. Anything else would be either a superficial palliative or an indulgence in self-delusion, which we must all seek to avoid. 122. My delegation is otherwise able to go along with the proposals in draft resolution A/35/L.38/Rev.l and will therefore vote for it. Similarly we shall support the other draft resolutions on the subject as we fully subscribe to their objectives.

The delegation of Egypt would like to register its position on draft resolution A/35/L.38/ Rev.l in very clear terms before the vote is taken. That position can be summarized as follows. 124. First, Egypt strongly and constantly supports all efforts aimed at the restoration of the legitimate rights of the Palestinian people. In line with that clear and consistent policy, Egypt has always striven and will continue to strive sincerely, faithfully and from conviction and without counting the cost to enable the Palestinian people to regain its legitimate rights, including the inalienable right to self-determination, without outside interference. We have confirmed our unchanging position of principle on all occasions and Egypt considers that divergences of opinion or dis- agreement as to the choice of ways and means should not affect the possibility of uniting all sincere efforts and making every sacrifice with a view to the attain- ment of that noble and desired goal. 125. As regards draft resolution A/35/L.38/Rev.l, I wish to say that we shall abstain when it is put to the vote because it contains negative references which, in Egypt's view, are counter to the efforts needed to attain our common objective. We are thinking in particular of the reference to General Assembly resolu- tion 34/65 B. 128. Our delegation, together with other Latin American delegations, has supported language to that effect which over the years has found its way into General Assembly and Security Council resolutions. Thanks to this Latin American initiative which at one stage was on the point of achieving a lasting settle- ment of the problem, resolution 242 (1967) was sup- ported as a viable alternative for a just and lasting peace in the Middle East which urged the withdrawal of Isareli armed forces from the territories occupied in the conflict and the termination of all situations of belligerency, as well as respect for and acknowledge- P.'"H~iH of the sovereignty, territorial integrity and political independence of every State in the area and its right to live in peace within secure and recognized boundaries free from threats or acts of force. 129. Resolution 242 (1967) is of such importance to the case of the rights of the Palestinian people that it must be brought up to date; that is why, in addition to that resolution, our delegation has supported the various resolutions listed in the first preambular para- graph of draft resolution A/35/L.38/Rev.l. 130. Therefore, although we agree with the general wording of the draft resolution, which we shall vote in favour of, we do not agree with operative para- graph 1,even reformulated, and, should that paragraph be put to a separate vote, we shall abstain. 131. With regard to the subject-matter ofdraft resolu- tion A/35/L.39 and Add.l, we believe it to fall within the internal jurisdiction of States, which freely and in full sovereignty enter into international commit- ments; these should be applauded and respected when they are moved by considerations of peace, when they are supported by the public opinion of their sovereign peoples and when their objective and immediate result is the withdrawal of foreign occupation forces and the return of territories to their legitimate owners. Only the return of territories, as has begun to happen in the case of Egypt, as a first step, can contribute to the re-establishment of international law and guar- antee peaceful coexistence and lasting harmony among the countries of the region. For these reasons, which 133. With regard to draft resolution A/35/L.42/Rev.l and Rev .1/Add.I, the delegation of Ecuador win support it because of the historic and sacred signifi- cance of Jerusalem for Christian countries and also for the peoples of the other two great monotheistic religions of the world-Judaism and Islam. As my country has always done since the adoption of the historic General Assembly resolution 194 (Ill) of 11 December 1948-which, of course, should be mentioned in this draft resolution-we shall continue to support the need to protect the Holy Places and to ensure free access to them under United Nations supervision. The so-called "basic law" unilaterally enacted by Israel affects this status of universal significance that the Holy City of Jerusalem has for Christian peoples. Obviously, that measure has not contributed to the search for a comprehensive, just and lasting peace in the Middle East. That is why Ecuador, in keeping with its policy not to recognize the acquisition of territory by force, decider' in full sovereignty and without outsid ~ pressure to transfer its diplomatic mission from Jerusalem to Tel Aviv in July this year, as soon as it learned of the enactment of the basic law relating to Jerusalem and weeks before the Security Council adopted resolution 478 (\980). 134. The delegation of Ecuador hopes for the return of Palestinian citizens to their homes, the restitution of their properties, the withdrawal of the forces of occupation-because any occupation by force is a negation of international law and civilized behaviour- the nullifying and adjusting of grants and distribu- tion of territory made without consulting the people of Palestine and the search for a definitive settlement with the full participation of the Palestinian people and recognition of their inalienable rights. Of course, all the States of the area, including the PLO must participate on an equal footing in any negotiation or agreement, in keeping with the relevant United Nations resolutions.

The Republic of Zaire has always supported the search for a just solution of the problem of Palestine, based on the exercise of the inalienable rights of the Palestinian people, including the right to return to their homeland and the right to self-determination, independence and national sovereignty in Palestine, in conformity with the Charter of the United Nations and the principles of international law. 141. Furthermore, while advocating Israel's full and unconditional withdrawal from all Palestinian and other occupied Arab territories, and while supporting the fundamental principle of the inadmissability of the acquisition of territory by force) the delegation of Zaire considers that operative paragraph 8 of the draft resolution would gain in clarity by being brought more closely into line with the wording of General Assembly resolution 181 (11). 142. We should thus willingly have voted for this draft resolution had operative paragraph 1 been worded differently. Even the amendment proposed by the delegation of Malta does not entirely satisfy us. 143. For all those reasons, the delegation of Zaire. will abstain in the vote on draft resolution A/35/L.38/ Re v.I and on draft resolution A/35/L. 39 and Add.I, but will vote in favour of the other draft resolutions.

Today we are about to take certain decisions on a subject with which we have grappled for over three decades, that of agenda item 24. The question of Palestine, in the view of my delegation, is not only a source of conflict in the Middle East but also imperils world peace through the continued escalation of tension. 157. Draft resolution A/35/L,39 and Add. 1rejects out of hand the Camp David framework accords for peace in the Middle East. By clear innuendo, it also rejects the Israel-Egypt peace treaty signed in March 1979. Thus, this draft resolution is another attempt to hamper the progress of the only constructive, practical and ongoing peace process that has emerged with regard to the Arab-Israel conflict for over three

Although my delegation has reserva- 159. Draft resolutions A/35/L.40 and Add.l and A/35/L.4l and Add.l are more of the same. The first of them extends once again the life of a committee whose establishment was illegitimate in the first place, and the perniciousness of whose mandate became clear four years ago when the Committee's illicit recommendations were first submitted. Since that time, the Committee has proved itself to be an utterly biased and irresponsible body, at the complete disposal of those implacably opposed to peace in the Middle East. Yet the Assembly is being asked once again to squander more of the" United .Nations limited resources on it, at a time when the Organization is in such dire financial straits that it cannot find even smaller sums of money to fund constructive projects. 160. On the basis of past performance, members of the Committee will engage in numerous travel junkets, mainly at the expense of taxpayers in those countries which contribute the bulk of the United Nations budget and which have consistently voted against the activities of the Committee as being a waste of money. It would seem that it is the inalienable right of members of the Committee to be rewarded with inalienable travel facilities on the most dubious of pretexts. 161. Draft resolution A/35/L.41 and Add.l , while being no less reckless with United Nations resources, is even more reprehensible. It seeks to fund and perhaps even to enlarge the so-called Special Unit in the United Nations Secretariat whose primary activity is to produce and to disseminate propaganda material emblazoned with the emblem of the United Nations on behalf of an organization which is the linchpin of the Terrorist International. This Unit is subordinated to the so-called Palestine Committee, under whose "close guidance" it operates. Hence, the Unit com- promises the integrity of the United Nations Secre- tariat and does immeasurable damage to the image and the prestige of the Organization. 162. Members of the Assembly will recall that the Palestine Committee and the Special Unit were allocated over $2 million last year within the United Nations budget for the biennium 1980-1981. One could well ask if this large sum of money,' which the United Nations can ill afford, would not have been better

The representative of Israel has asked to be allowed to speak on a point of order and I have to call on him.

Mr. President, I understand that we are at the stage of explanations of vote before the vote. The representative of the Palestinian Arab State of Jordan is engaging in something else. I saw fit to draw your attention to this fact.

Representatives may have seen that I have been very lenient in conducting the affairs of the Assembly as far as explanations of vote and other statements are concerned, and I continue to be so. The representative of Jordan may continue.

On a point of order before I resume: I totally object to the illegality and usurpation of the representative of Israel in calling the Hashemite Kingdom of Jordan the Palestinian Arab State of Jordan. He knows full well that Jordan was admitted to the United Nations in 1955 as the Hashemite Kingdom of Jordan, and it will remain so whether he likes it or not. It is a point of order which he must bear in mind. 172. I shall now continue my explanation of vote before the vote. 174. May I respectfully explain to representatives that the only legally binding resolutions on the question of Palestine, as far as the General Assembly is con- cerned, are resolutions 181 (11) and 194 (Ill) on the repatriation of the Palestinian refugees to their home- land, as a right. 175. Resolution 181 (11) provided for the creation of a Palestinian Arab State, the boundaries of which are clearly delineated in 'the maps attached to that resolu- tion, alongside a Jewish State. The Security Council was entrusted with the implementation of that resolu- ti .1, but unfortunately it failed to carry out ,that task. The Israelis, the Haganah and other armed groups, already pre-empted that resolution by occupying, even during the British Mandate, most of Palestine, far beyond the areas allotted to it by the General Assembly. 181. Speaking about the United Nations and the Special Unit on Palestinian Rights and spending $2 million, that is a drop in the bucket when we remember that Israel, the usurper of Palestine and the Palestinian homeland, during the past three and a half years has received from one major country alone over $11 billion-more than has been given to the entire world. The representative of Israel begrudges $2 mil- lion to explain the catastrophe of the Palestinian people, which was started right here in the General Assembly when Palestine was dismembered and we were uprooted and scattered. 176. Many persons still talk about resolution 242 (1967), which Jordan has always supported. as though it were still a viable, living and applicable resolution. I do not believe in self-deceit in matters of such importance. The truth of the matter is that the Israelis have, over the past 13 years, obliterated resolution 242 (1967) on the ground and continue to defy it openly and inexorably, What is the use of withdrawing from the door when the house itself has been massiveiy colonized already by Israeli citizens, in blatant violation of the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and of international law? The catastrophe which has befallen the Palestinian people.is unprecedented in our age or, indeed, in any other age. It is myopic to believe that there can ever be peace or security as long as the law of the jungle prevails, as it seems to have prevailed over the past three decades.

I now call on the repre- sentative of Malta for a clarification of the situation as far as A/35/L.38/Rev.l is concerned.

I understand that draft resolution A/35/L.38/Rev.l will contain only the revision I read out this morning. I believe therefore that there would be no purpose served in awaiting a further decision on the draft resolution. 184. In view ofcertain statements made this morning, OE behalf of the Committee on Palestine I should like to recall that when I introduced the recommenda- tions of the Committee, both before the General Assembly and before the Security Council, I indicated at that time that the Committee would welcome any additional suggestions on or amendments: to the recom- mendations. None were forthcoming, and con- sequently the recommendations remained unchanged, and they have since been repeatedly endorsed by the Assembly as a basis for the solution of the question of Palestine, although so far they have not been acted on by the Security Council. 177. The representative of Israel says that the resolu- tions impede peace. What kind of peace does Israel want? Is it the peace of the grave? He speaks of the welfare of the Palestinian Arabs. Where are the Palestinian Arabs? Two million are in the Diaspora and 1,750,000 are under occupation and ruthless oppression. He says that the draft resolutions are intended to undermine the United Nations. What has undermined the effectiveness of the United Nations other than Israel's incessant and systematic defiance of every single United Nations resolution on the subject since 1947? This has encouraged other coun- tries to ignore and denigrate the role of the United Nations in international relations.

I would respectfully ask that the President inquire of the representative of Malta whether this is an explanation of vote or the clarification he has sought to make. 178. I have already said that Jordan is Jordan and belongs to its people. Israel knows that. It is not Pales- tine. Palestine is a country which everybody knows, even children know what Palestine is. 185. The Committee has, I believe, made it abun- dantly clear that it relies on the Security Council. ..

The representative of Israel wishes to raise a point of order. I call on him.

I trust that the representa- tive of Malta is coming to the end of his statement, 202. With regard to the reference to Security Coun- cil resolution 242 (1967), it is well known that the Republic of Iraq does not recognize that resolution. The reason is that it has become obvious that the formula contained therein would bring no tangible results for the Palestinian people. The world as a whole knows the way in which the question of Palestine was dealt with in that resolution, which addresses the Palestinian question as a question of refugees only, completely overlooking the fact that the Palestinian people have a national cause and that their land has been illegally occupied by the Zionist usurpers who are well known for their chauvinism and who have come from different parts of the v'''rld to colonize that land. Their expansionist objectives are well known to the world, for their expansionist acts have revealed the true nature of the Zionist entity. The result has been the condemnation of that entity in hundreds of resolutions adopted by the General Assembly as well as by the Security Council. 203. The delegation of Iraq will vote ;'1 favour of draft resolution A/35/L.38/Rev.1. However, we should I J The delegation of Mexico subsequently informed the Secre- tarial that it wished to have its vote recorded as an abstention. Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Republic of Tanzania. Upper Volta, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe. Against: Australia, Belgium, Canada, Denmark, Dominican Republic, Germany, Federal Republic of, Iceland, Ireland, Israel, Italy, Luxembourg, Nether- lands, New Zealand, Norway, United Kingdom of Great Britain and Northern Ireland, United States of America. Abstaining: Austria, Bahamas, Bolivia, Burma. Central African Republic, Chile. Colombia, Costa Rica, Egypt, El Salvador, Fiji, Finland, France. Gabon, Greece, Guatemala, Haiti, Honduras, Japan, Lesotho, Liberia, Malawi, Mauritius, Nepal, Papua New Guinea, Paraguay, Portugal, Samoa, Swaziland, Sweden, United Republic of Cameroon, Zaire.

We sail now vote on draft resolution A/35/L.39 and Add.l. A recorded vote has been requr sted.

Finally, I put to the vote draft resolution A/35/L.42/Rev.l and Rev .1/Add. I. A recorded vote has been requested. In~onesla, Iran, Iraq, Ireland, Italy, Ivory Coast, Ja- rnarca, Japan, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho Liberia . ' , LIbyan. Arab J~mah~riya, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauri- tius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, ~epublic, Thailand, Togo, Trinidad and Tobago, Tuni- SIa, Turkey, Uganda, Ukrainian Soviet Socialist Republic,. Union of Soviet Socialist Republics, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United Republic of Cameroon, United Republ.ic of Tanzania, Upper Volta, Uruguay, Vene~uela: Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, ZImbabwe. Against: Israel. The meeting rose at 1./5 p.m,