S/PV.2858 Security Council

I thank the representative of Canada for his kind words addressed to me. Mr;,BLAWC (France) (interpretation from French): As this is the first time I have spoken at an official meeting of the.Council this month, sir, I should like to reiterate my congratulations to you on Nepal's accession to the presidency; your presidency has been both active and fruitful. I should like to take this opportunity to convey to Mr. Ismail Razali our gratitude for his presiding over us during the month of January. The .French Government has with deep concern observed the deterioration in the situation in the occupied territories in the West Bank and Gaza. The.stepped-up repression has in recent weeks been reflected in an increase in the number of dead and wounded, including adolescents and young children. This development warrants the concern of the international community , which we are today expressing and which is indicated in the draft resolution before us. 8 .: .For more than a year, the uprising of young Palestinians has been under way, involving increasing loss of human life and new casualties every day. Our Council cannot remain unmved by these tragic events , which bear witness to a people's desire to affirm its national .identity, to put an end to the occupation and to assume responsibility for its own future. France has constantly denounced the violence , which can only increase the despair and resentment felt by populations who , after all, need to be able to live together. France has frequently had occasion to approach the'Israeli authorities and various bodies in an effort to win final recognition for law and justice- We ~ advocate dialogue and negotiation. Once again, today the French Government appeals to Israel to ensure and provide protection and safety for the population of the occupied territories in accordance with the obligations international law places upon an occupying Power. Each of us in the Council is persuaded that the .present state of affairs, which is daily growing more lethal , is no longer acceptable. Recently a glimmer of hope for peace has appeared. It should be grasped. Israel is entitled to live within secure and recognized boundaries. The Pales tinian people is entitled to possess a country, a l-and, and in that land to organize, itself according to the structures it chooses. France believes that the international connnunity has a part to play and that it is in the best position to promte the establishment of dia.logue among the parties directly concerned. That is why the French Government believes it is urgent that preparations be made for the holding of an international conference, with the participation of -all parties concerned as well as the permanent members of the Security Council. The time has come for the members of the international community, and specifically our Council, to come out in favour of peace in the Near East, a peace that will for each .and every one of us be the best possible guarantee of survival and security.

. I thank the representative of France for his kind words addressed to me. 1 shall now make a statement in my capacity as the representative of Nepal. I should like to begin by paying my tribute to Ambassador Ismail Razali of Malaysia for the skill and efficiency with which he guided the work of the Council last month. I feel very xuch benefited by his advice and example. The uprising of the Palestinian. people in the territories occupied by Israel since 1967 has placed the question of Palestine in its proper perspective before the international community. The uprising is now in its fourteenth month and does not show any sign of relenting. Faced with this spontaneous .def iance, Israel, the occupying Power, has resorted to harsh and repressive measures. The systematic destruction of life and property , set ious physical injuries , widespread detentions? economic coercion and unrestrained use of force cannot be rationalised in terms Of the need to maintain law and order. Nepal has repeatedly urged the Israeli authorities that their way of dealing with the'uprising is consistent neither with law'nor withjustice. Israel, as the occupying Power, has some fundamental obligations under international law and must abide by these responsibilities without reservation. Firs-t and foremost, Israel must respect the.provisions of the 1949 Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. The applicability of the provisions of the Convention to the occupied territories has been emphasized by the Security Council more than once, and Israei's defiance Of the'Council's decisions is'unjustifiable. Application of the provisions of the Convention would help to bring an end to the cycle of-violence in the occupied territories. However, short-term measures to enhance the safety and security of the Palestinian inhabitants 'cannot be substitutes for a political solution of the problem. The issue underlying the unrest has to be faced fair and square. It is clear beyond any trace of doubt that the Palestinian people is irrevocably opposed to an existence under the continued Israeli occupation. The intifadah is the struggle of a people for self-determination; it is a struggle for a separate national identity. ho emergency measure can change this truth. By the same token, no initiative that ignores the legitimate aspirations of the Palestinian.people can ever hope to succeed. .. We are therefore deeply troubled by the continued refusal of Israel to take cognizance of this international consensus. That negative attitude will only serve to fuel the violence, prolong it and, in sum, exacerbate human misery. The longer the tragedy is allowed to fester the greater will be the sufferings - both for the Palestinians and the Israelis. I ' ‘\ * '. The Security Council has on several occasions in the past proposed concrete measures for the political settlement of the problem. Nepal supports those proposals as they are consistent with our perception of a comprehensive and lasting peace in the Middle East. We are firmly of the opinion that comprehensive and lasting peace in the region must be based on three fundamental ingredients3 withdrawal of Israel from territories occupied since 1967, recognition of the rights of the Palestinian people, including the right to a State of their own, and recognition of the right of every State in the region, including Israel, to live in peace within secure boundaries free from threats or acts of force. There have been some positive developments towards peace in recent times. Of particular significance is the peace initiative put forward by Chairman Yasser Arafat of the Palestine Liberation Organization (PLC). We also attach much importance to the decision of the United States Administration to,open direct dialogue with the PLO. Nepal fully shares and supports the views expressed around this table that an international conference under the auspices of the United Nations involving all parties t6 the conflict, including the Palestine Liberation Organization, would be helpful at this stage to begin the process , within the framework of Security Council resolutions 242 (1967) and 338 (1973), for a just and lasting peace in the region. It is obvious that the status-quo cannot continue. Nepal stands ready to extend all possible co-operation to the Secretary-General in his continuing effort to facilitate the convening of the International Conference. We earnestly hope that the Security Council will take urgent steps to break the deadlock and start the process of peace in the Middle East. I now resume my function as President of the Security Council. -... 1 : r It is my understanding that the Council is ready to proceed to the vote On the draft resolution before it. If I hear no objection,. I shall take it that that is the case. There being no objection, it is so decided.’ Before putting the draft resolution to the vote, I call on the representative of the United States, who wishes to make a statement before the voting. Mr; .OKUN (United States of America) : Mr. President, allow me at the outset to express the satisfaction. of my delegation at seeing you preside. over our meetings. Your well-known acumen and diplomatic skill preceded you to the Chair r and you have indeed demonstrated that skill, acumen and wisdom in guiding our deliberations thus far. I should also like to take this opportunity to express our appreciation to Ambassador Ismail Razali of Malaysia for his considerable efforts on behalf of the ’ Council during the month of January. My Government believes it incumbent to ,vote against the draft resolution before us. In consideting this draft resolution the basic question Security Council member6 should ask themselves ‘is this: would its adoption advance the prospects for peace in the region? Would it contribute to efforts ‘to create confidence and understanding among the concerned parties and bring them together’ in direct negotiations leading to a settlement, or would it serve only to drive the parties further apart? As all members of the Council are aware, the United States remains seriously concerned over events in. the occupied territories. We remain actively engaged in diplomatic efforts to defuse tensions there and to reduce the disturbing level of violence. We continue to urge restraint on all sides and h&e denounced acts o-f violence from whatever quarter. :- I Our concerns regarding the human-rights situation in the occupied territories are well known. As the United States has repeatedly stated, it is our position that the Fourth Geneva Convention applies to the occupied territories and that Israel has an obligation to comply with it. We have made clear to the Government of Israel our opposition to certain Israeli practices, . for example, expulsion of Palestinian residents, col.lective punishment and the use of live fire in non-life-threatening situations. However, as the United States has consistently pointed out, Israeli practices in the territories cannot be viewed in a vacuum. As the occupying Power, Israel has a responsibility recognised under international law to maintain order and security in the territories. That considerable task has been made even more difficult over the past year as ‘the Palestinian uprising or intifadah has heightened tensions and increased confrontations. Acts of violence perpetrated by -Palestinians against Israeli soldiers and civilians are commonplace. Israel is in the area have been subject to constant provocations, in some cases involving life-threatening situations. The draft resolution before the Council is flawed. In severely cr i ticiz ing Israeli policies and practices it does not take into sufficient account the context in which they occur or the excesses of the other side. Pales tinian acts 0f violence, no more than those committed by Israelis, cannot be condoned,. Only by reducing bloodshed can an atmosphere conducive to accommodation and negotiations be achieved. The status quo in the territories is clearly unacceptable. The situation is inherently unstable and must be addressed. The question is how best to address the Problem. A corner-stone of Ameri.can policy in the Middle East over the years has been our firm conviction that the situation in the occupied territori.es Can Only be resolved in the context of an overall negotiated settlement of the Arab-Israeli dispute grounded on 'Security Council resolutions 242 (1967) and 338 (1973). Such a settlement has to take into account both the security of the State of Israel and the legitimate rights of the Palestinian people. Further resolutions of the kind before us now are not the answer. During our consultations my delegation made clear the position of the United Stateson this matter and offered suggestions to achieve needed balance. The complex, emotionally charged issues involved cannot be resolved in New York by third parties, but only in the region by the parties themselves. If the Security Council is to play a positive role in this process it will not be through the adoption of unbalanced resolutions criticizing the actions of one side to the dispute. Instead, this body should lend its prestige and authority to urge reconciliation and mutual understanding while denouncing violence by all sides 'as. unacceptable. This is the way to make a true contribution to peace. My delegation ? calls on members to meet this- challenge. T~~,PRESID~T: I thank the representative of the United States for his kind words addressed to me. I put to the vote the draft resolution contained in document S/20463. A-vote'was taken'by show-of.hands. fn.favour: Algeria, Brazil, Canada, China, Colombia, Ethiopia, Finland, France, Malaysia, Nepal, Senegal, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, Yugoslavia , Against: United States of America (Mr. Okun, United-States)

The result of the voting is as follows: 14 in favour, one against and no abstentions. The draft resolution has not been adopted, owing to the negative vote of a permanent member of the Security Counci.1. I call upon the representative of the united Kingdom, who has statement following the voting. asked to make a Sir Crispin TICKE&L (United Kingdom): The draft resolution which the Council has just been considering makes use of certain language to describe territories occupied by Israel since 1967. I take this opportunity to say that our vote for the draft resolution did not imply any change in our view of the Status of those territories. The PRESlDENTr The representative of Palestine has asked to make a statement, and I call upon him. Mr:AL-KIUWA (Palestine) (interpretation from Arabic): I must thank all representatives and delegations that participated in the Council's deliberations ,and expressed clear positions with respect to the practices of the occupying Power and in support of our people in the occupied territories , who have themselves made every attempt to achieve peace in the Middle East. We appreciate those positions and thank those who enunciated them. We consider these positions to be useful ones. We wish also to thank the non-aligned members of the Council for their praiseworthy efforts to enable the Council to take the necessary measures concerning the situation in the occupied territories , and for having submitted the draft resolution in document S/20463. Moreover, we thank all the members that voted in favour of the draft resolution , and we are grateful for the efforts they made to reach the unanimity that would have been necessary for the adoption of the text. In co-peration with many members of the Security Council, we made great efforts to reach formulations in the draft resolution that would have been acceptable to all, that would have helped enable the Council ta shoulder its responsibility and save the lives of our Palestinian people in the occupied territories, and that would have facilitated the Council's taking steps in an effort to reach a permanent and just political settlement in the Middle East. We therefore participated in the Council's deliberations with the greatest possible sense of responsibility and in a positive spirit. But our position and the ciear positions of Member States did not prevent the regrettable decision by the delegation of the United States of America to break with unanimity and use its right of veto against the draft resolution , which made it impossible for the Council to address.the grave situation in the occupied Arab territories and to shoulder its important responsibilities. We regret that we heard no objections , remarks or proposals on the draft resolution from the United States delegation until a -few minutes ago. What we heard then reflected what we view as an unbalanced position. We cannot understand the position taken today by the.United States of America in the light of such facts as its declared position with respect to the situation in the occupied .territories and the report prepared by its Department of State on human rights violations in the occupied territories. We sincerely hope that the position taken in the Council will not lead to a further deterioration of the grave situation in the Arab territories occupied since 1967 , including Jerusalem, and. that it will not encourage the occupying Power to adopt further repressive measures against our people in the territories and to defy the principles of international law, in particular the Fourth Geneva Convention of 1949 and numerous Security Council resolutions. Our respect for the Council and our confidence in it remain. high. We hope the Council will be able to address the situation in a more effective way in the future. We reiterate our gratitude to the members that voted in favour of the draft resolution. We do not want to miss this opportunity, Sir, to thank you personally for your wise and effective efforts as President of the Council during its consideration of the situation in the occupied territories. (Mr; Al-Kidwa;' Palestine)

Fete are no further speakers for this meeting. The Security Council has thus concluded the present stage of its consideration of the item on its agenda. The meeting rose.at.5.40 p.m.