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A/RES/39/146 GA

The situation in the Middle East : resolution / adopted by the General Assembly

39
Session
100
Yes
16
No
28
Abstentions
Draft symbol A/39/L.19
Adopted symbol A/RES/39/146
Category POLITICAL AND LEGAL QUESTIONS
P5 Positions
Russia United States United Kingdom China France
UN Document A/RES/39/146 ↗

Vote Recorded VoteA/39/PV.101 Dec. 14, 1984

— Abstain (28)
✗ No (16)
Absent (15)
✓ Yes (100)
Full text of resolution OCR extract — may contain errors
50 General Assembly-Thirty-ninth Session ANNEX Pruan- of ActiYltles In Olllena11ce or tlle Twenty-ftfth Annlven■ry or Ille Dedu■tlon on the Gr■ntiRa or Independence· to Colonial Co■ntrles ... Peoples I. The commemoration of the twenty-fifth anniversary of the Declara- tion on the Granting of Independence to Colonial Countries and Peoples would be an appropriate occasion to evaluate the progress achieved during the past twenty-five years in the implementation of the Declaration, as well as the role played by the United Nations and its system oforganizations in that regard, and to formulate specific measures for the elimination of the remaining vestiges of colonialism in all its forms and manifestations in various areas of the world. To that end, the following special programme of activities is envisaged. A. ACTIVITIES AT THE INTERNATIONAL LEVEL Commemorative meeting of the Genera/ Assembly 2. The General Assembly shall hold a special commemorative meeting in observance of the twenty-fifth anniversary of the Declaration, it being understood that the specific modalities and procedures for the commemo- ration would be the subject of subsequent consultations between the Presi- dent of the Assembly and the Chairman of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Grantina of Independence to Colonial Countries and Peoples. 3. The meeting shall be held on Friday, 13 December 1985, or alterna- tively, in October 198S in conjunction with ceremonies planned for the cel- ebration of the fonieth anniversary of the United Nations and the procla- mation of 1986 as International Year of Peace, in the lipt of the presence at United Nations Headquaners ofa number of heads of State or Govern- ment. Extraordinary session of the Special Commil/ee 4. The Special Committee shall organize an extraordinary session away from Headquaners in 1985, as appropriate. Special d«/arlllion/fma/ document to be adopted by the Genera/ Assembly 5. The Special Committee shall prepare in 1985 the draft text of a spe- cial declaration/linal document with a view to facilitating the full and speedy implementation of the Declaration on the Granting of Indepen- dence to Colonial Countries and Peoples, for submission to the General Assembly al its fortieth session. Seminars to be held by the Special Commillee 6. The Special Committee shall hold in 198S two regional seminars on the subject or decolonization. 7. The Special Committee shall organize, in close consultation with the Department or Public Information of the Secretariat, a seminar on dissem- ination of information on decolonization and on the struale of the peoples of southern Africa and their national liberation movements, to be held at United Nations Headquarters in close co-operation with the Special Com- mittee against Apartheid, the United Nations Council for Namibia, the Organization of African Unity and the national liberation movements, with the participation of press agencies, newspapers and other mass com- munication media. Activities by the specialized agencies and other organizations of the United Nalions system. other international organizations and the non-govern- me111a/ organizations concerned 8. The organizations concerned are requested to undenake various activities in commemoration of the anniversary durina 1985. These activi- ties may include the preparation or special publications and studies and the holdina of exhibits, seminan and symposia. An account of the activities undertaken should be pven the widest possible publicity. 9. The orpnization1 concerned are requested to draw up concrete PfOll'lmmes of alli1tance to the peoples of colonial Territories and the national liberation movements, as well 11 to the refupes li'om Territories under colonial domination. In particular, they are requested to launch new projecu for anistina the Namibian people and seek additional funds in support of such projects. D/JJeminalion of l,iformalion on decolonization 10. The Secretary-General is requested to take concrete measures thl'OUlh all the media at his disposal to pve widespread and intensilied publicity to the situation in the Territories concerned and to the work of the United Nations in the lield or decolonization. In panicular, the Depart- ment of Public Information, the Department of Political Afl'airs, Trustee- ship and Decolonization and the Office or the United Nations Commis- lioner for Namibia are requested, in consultation with the Special Committee: (a) To prepare special publications devoted to the twenty-fifth anniver- sary of the Declaration, including special issues of Decolonization, Objec- tive: Justice, the Namibia Bulletin and the United Nations and Decoloniza- tion; (b) To produce a special film on the theme of decolonization and to hold public screenings of the film, as well as other films concerning the pro- cess of decolonization; (c) To prepare and distribute to national radio and television stations audio-visual materials on decolonization; (d) To hold exhibitions of photographs and publications related to decolonization, both at United Nations Headquarters and at various United Nations information centres; (e) To organize special briefings of non-governmental organizations on the subject of decolonization. Other actMties 11. The motto "Decolonization, Freedom, Independence" shall mark the anniversary. 12. The Secretary-General is requested: (a) To arrange for a special postal cancellation and the issuance of a special cachet, throup the United Nations Postal Administration; (b) To issue a commemorative medal marking the anniversary, to be conferred upon eminent personalities by the Special Committee; (c) To publicize the foregoing through the appropriate media. B. ACTIVITIES AT THE REGIONAL LEVEL 13. Intergovernmental regional organizations are requested, in co-oper- ation with the United Nations, to intensify their activities designed to help eliminate the last vestiges of colonialism and, to that end, to increaae their collaboration with one another. They may also hold commemorative meetings and seminars, prepare special studies on various aspects of colo- nial questions and adopt measures to increase moral and material assis- tance to the peoples concerned. C. ACTIVITIES AT THE NATIONAL LEVEL 14. Special messages may be issued on the occasion of the anniversary by heads of State or Government and other hip-ranking officials, as well as by representatives of political movements, religious organizations, trade unions and other national organizations. 15. Governments are requested to establish, in co-operation with national United Nations associations, national committees for the com- memoration of the anniversary to plan and co-ordinate various activities to be undenaken in 198S within the context of the twenty-fifth anniversary of the Declaration and the fonieth anniversary of the United Nations, such as publicizing lhe work of the United Nations on decolonization throuah, inter a/ia, publications, educational programmes in schools and universi- ties, special studies, seminars and radio-television prop11mmes, includina the widest possible dissemination in their national languqes of the Decla- ration and the various resolutions and decisions of the United Nations on decolonization; the conferring of national awards or special scholanhips for outstandin1 studies or essays on colonial questions; and the issuance of a commemorative postage stamp and other activities. In particular, Gov- ernments are requested to prepare special educational materials on the sub- ject of decolonization for dissemination throup schools, universities and other educational institutions, includina information on past achievements and the roles played by the national liberation movements, the Organiza- tion of African Unity and the United Nations. 16. In undenaking the above activities, panicular attention shall be devoted to the various manifestations of colonialism, includina racial dia- crimination and apartheid, activities or foreian economic and other inter- ests impcdina the implementation of the Declaration on the Grantina of Independence to Colonial Countries and Peoples and military activities and arranaements by colonial Powers in Territories under their administra- tion impeding the implementation of the Declaration. 39/146. The situation in the Middle Eut A The General Assembly, Having discussed the item entitled "The situation in the Middle East", Reaffirming its resolutions 36/226 A and B of 17 December 1981, ES-9/1 of 5 February 1982, 37/123 F of II. Resolutions adopted without reference to a Main Committee 51 20 December 1982 and 38/180 A to D of 19 December 1983, Recalling Security Council resolutions 425 (1978) of 19 March 1978, 497 (l 981) of 17 December 1981, 508 (1982) of 5 June 1982, 509 (1982) of 6 June 1982, 511 (l 982) of 18 June 1982, 512 (1982) of 19 June 1982, 513 (1982) of 4 July 1982, 515 (1982) of 29 July 1982, 516 (1982) of 1 August 1982, 517 (l 982) of 4 August 1982, 518 (1982) of 12 August 1982, 519 (1982) of 17 August 1982, 520 (1982) of 17 September 1982, 521 (1982) of 19 September 1982 and 555 (1984) of 12 October 1984, Taking note of the reports of the Secretary-General of 13 March 1984, 12'13 September 1984, 122 2 October 1984123 and 26 October 1984,124 Welcoming the world-wide support extended to the just cause of the Palestinian people and the other Arab coun- tries in their struggle against Israeli aggression and occupa- tion in order to achieve a comprehensive, just and lasting peace in the Middle East and the full exercise by the Pales- tinian people of its inalienable national rights, as affirmed by previous resolutions of the General Assembly relating to the question of Palestine and to the situation in the Middle East, Gravely concerned that the Palestinian and other Arab territories occupied since 1967, including Jerusalem, still remain under Israeli occupation, that the relevant resolu- tions of the United Nations have not been implemented and that the Palestinian people is still denied the restora- tion of its land and the exercise of its inalienable national rights in conformity with international law, as reaffirmed by resolutions of the United Nations, Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 125 to all the occupied Palestinian and other Arab territories, including Jerusalem, Reiterating all relevant United Nations resolutions which emphasize that the acquisition of territory by force is inadmissible under the Charter of the United Nations and the principles of international law and that Israel must withdraw unconditionally from all the Palestinian and other Arab territories occupied by Israel since 196 7, including Jerusalem, Reaffirming further the imperative necessity of establish- ing a comprehensive, just and lasting peace in the region, based on full respect for the Charter and the principles of international law, Gravely concerned also at the continuing Israeli actions involving the escalation and expansion of the conflict in the region, which further violate the principles of interna- tional law and endanger international peace and security, Stressing the great importance of the time factor in the endeavours to achieve a comprehensive, just and lasting peace in the Middle East, l. Reaffirms its conviction that the question of Pales- tine is the core of the conflict in the Middle East and that no comprehensive, just and lasting peace in the region will be achieved without the full exercise by the Palestinian people of its inalienable national rights and the immediate, unconditional and total withdrawal of Israel from all the Palestinian and other occupied Arab territories; 2. Reaffirms further that a just and comprehensive set- tlement of the situation in the Middle East cannot be 121 A/39/130-S/16409. For the printed text, see Official Records of the Security Council, Thirty-ninth Year, Supplement for January, February and March 1984, document S/16409, I 22 A/391130/ Add. I •SI 16409/ Add. I. For the printed text, see Official Records of the Security Council, Thirty-nimh Year, Supplement for July, August and September /984, document S/16409/Add. l. m A/39/S33. achieved without the participation on an equal footing of all the parties to the conflict, including the Palestine Liber- ation Organization, the representative of the Palestinian people; 3. Declares once more that peace in the Middle East is indivisible and must be based on a comprehensive, just and lasting solution of the Middle East problem, under the auspices of the United Nations and on the basis of relevant resolutions of the United Nations, which ensures the com- plete and unconditional withdrawal of Israel from the Pal- estinian and other Arab territories occupied since 1967, including Jerusalem, and which enables the Palestinian people, under the leadership of the Palestine Liberation Organization, to exercise its inalienable rights, including the right to return and the right to self-determination, national independence and the establishment of its inde- pendent sovereign State in Palestine, in accordance with the resolutions of the United Nations relevant to the ques- tion of Palestine, in particular General Assembly resolu- tions ES-7 /2 of 29 July 1980, 36/ 120 A to F of 10 Decem- ber 1981, 37/86 A to D of 10 December 1982, 37/86 E of 20 December 1982 and 38/58 A to E of 13 December 1983; 4. Considers the Arab Peace Plan adopted unani- mously at the Twelfth Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from 6 to 9 Sep- tember 1982, 126 as an important contribution towards the achievement of a comprehensive, just and lasting peace in the Middle East; 5. Condemns Israel's continued occupation of the Pal- estinian and other Arab territories, including Jerusalem, in violation of the Charter of the United Nations, the princi- ples of international law and the relevant resolutions of the United Nations, and demands the immediate, uncondi- tional and total withdrawal of Israel from all the territories occupied since June 1967; 6. Rejects all agreements and arrangements which vio- late the inalienable rights of the Palestinian people and contradict the principles of a just and comprehensive solu- tion to the Middle East problem to ensure the establish- ment of a just peace in the area; 7. Deplores Israel's failure to comply with Security Council resolutions 476 (1980) of 30 June 1980 and 478 (1980) of 20 August I 980 and General Assembly resolu- tions 35/207 of 16 December 1980 and 36/226 A and B of 17 December 1981, determines that Israel's decision to annex Jerusalem and to declare it as its "capital" as well as the measures to alter its physical character, demographic composition, institutional structure and status are null and void and demands that they be rescinded immediately, and calls upon all Member States, the specialized agencies and all other international organizations to abide by the present resolution and all other relevant resolutions and decisions; 8. Condemns Israel's aggression, policies and practices against the Palestinian people in the occupied Palestinian territories and outside these territories, particularly Pales- tinians in Lebanon, including the expropriation and annexation of territory, the establishment of settlements, assassination attempts and other terrorist, aggre11ive and repressive measures, which are in violation of the Charter and the principles of international law and the relevant international conventions; 124 A/39/600-S/16792. For the printed text, see Official Records of the Security Council, Thirty-ninth Year, Supplement for October, November and December I 984, document SI 16 792. 125 United Nations, Treaty Series, vol. 75, No. 973, p. 287. l26See A/37/696-S/1S510, annex. 52 General Assembly-Thirty-ninth Session 9. Strongly condemns the imposition by Israel of its laws, jurisdiction and administration on the occupied Syr- ian Golan Heights, its annexationist policies and practices, the establishment of settlements, the confiscation of lands, the diversion of water resources and the imposition of Israeli citizenship on Syrian nationals, and declares that all these measures are null and void and constitute a violation of the rules and principles of international law relative to belligerent occupation, in particular the Geneva Conven- tion relative to the Protection of Civilian Persons in Time of War, of 12 August 1949; 10. Considers that the agreements on strategic co-oper- ation between the United States of America and Israel signed on 30 November 1981, together with the recent accords concluded in this context, would encourage Israel to pursue its aggressive and expansionist policies and prac- tices in the Palestinian and other Arab territories occupied since 196 7, including Jerusalem, would have adverse effects on efforts for the establishment of a comprehensive, just and lasting peace in the Middle East and would threaten the security of the region; 11. Calls upon all States to put an end to the flow to Israel of any military, economic and financial aid, as well as of human resources, aimed at encouraging it to pursue its aggressive policies against the Arab countries and the Palestinian people; 12. Strongly condemns the continuing and increasing collaboration between Israel and the racist r~me of South Africa, especially in the economic, military and nuclear fields, which consitutes a hostile act against the African and Arab States and enables Israel to enhance its nuclear capabilities, thus subjecting the States of the region to nuclear blackmail; 13. Reaffirms its call for the convening of an Interna- tional Peace Conference on the Middle East - as specified in paragraph 5 of the Geneva Declaration on Palestine, 127 adopted on 7 September 1983 by the International Confer- ence on the Question of Palestine - under the auspices of the United Nations and on the basis of relevant resolu- tions of the United Nations; 14. Requests the Secretary-General to report to the Security Council periodically on the development of the situation and to submit to the General Assembly at its for- tieth session a comprehensive report covering the develop- ments in the Middle East in all their aspects. B The General Assembly, 101st plenary meeting 14 December 1984 Having discussed the item entitled "The situation in the Middle East", Having considered the report of the Secretary-General of 2 October 1984, 123 Recalling Security Council resolution 497 (1981) of 17 December 1981, Reaffirming its resolutions 36/226 B of 17 December 1981, ES-9/1 of5 February 1982, 37/123 A of 16 Decem- ber 1982 and 38/180 A of 19 December 1983, Recalling its resolution 3314 (XXIX) of 14 December 1974, in which it defined an act of aggression, inter a/ia, as "the invasion or attack by the armed forces of a State of the territory of anotl'ler State, or any military occupation, 127 Report of the International Conference on the Question of Palestine, Geneva, 29 August-7 September 1983 (l.lnited Nations publication, Sales No. E.83.1.21 ), chap. I, sect. A. however temporary, resulting from such invasion or attack, or any annexation by the use of force of the terri- tory of another State or part thereof' and provided that "no consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justifica- tion for aggression", Reaffirming the fundamental principle of the inadmissi- bility of the acquisition of territory by force, Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,125 to the occupied Pal- estinian and other Arab territories, including Jerusalem, Noting that Israel's record, policies and actions establish conclusively that it is not a peace-loving Member State and that it has not carried out its obligations under the Charter of the United Nations, Noting further that Israel has refused, in violation of Article 25 of the Charter, to accept and carry out the numerous relevant decisions of the Security Council, in particular resolution 497 ( 1981 ), thus failing to carry out its obligations under the Charter, I. Strongly condemns Israel for its failure to comply with Security Council resolution 497 ( 1981) and General Assembly resolutions 36/226 B, ES-9/1, 37/123 A and 38/ 180 A; 2. Declares once more that Israel's continued occupa- tion of the Golan Heights and its decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights constitute an act of aggression under the provisions of Article 39 of the Char- ter of the United Nations and General Assembly resolu- tion 3314 (XXIX); 3. Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan Heights is illegal and therefore null and void and has no validity whatsoever; 4. Declares all Israeli policies and practices of, or aimed at, annexation of the occupied Palestinian and other Arab territories, including Jerusalem, to be illegal and in violation of international law and of the relevant United Nations resolutions; 5. Determines once more that all actions taken by Israel to give effect to its decision relating to the occupied Syrian Golan Heights are illegal and invalid and shall not be recognized; 6. Reaffirms its determination that all relevant provi- sions of the Regulations annexed to the Hague Convention IV of 1907, 128 and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, continue to apply to the Syrian territory occupied by Israel since 196 7, and calls upon the parties thereto to respect and ensure respect of their obligations under these instruments in all circumstances; 7. Determines once more that the continued occupa- tion of the Syrian Golan Heights since 1967 and their annexation by Israel on 14 December 1981, following Israel's decision to impose its law~. jurisdiction and administration on that territory, constitute a continuing threat to international peace and security; 8. Strongly deplores the negative vote by a permanent member of the Security Council which prevented the Council from adopting against Israel, under Chapter VII of the Charter, the "appropriate measures" referred to in res- olution 497 ( 1981) unanimously adopted by the Council; 128 Carnegie Endowment for International Peace, The Hague Conventions and Declarations of Jf/99 and /907 (New York, Oxford University Press, 1915), p. 100. II. Resolutions adopted without reference to a Main Committee 53 9. Further deplores any political, economic, financial, military and technological support to Israel that encour- ages Israel to commit acts of aggression and to consolidate and perpetuate its occupation and annexation of occupied Arab territories; 10. Firmly emphasizes once more its demand that Israel, the occupying Power, rescind forthwith its illegal decision of 14 December 1981 to impose its laws, jurisdic- tion and administration on the Syrian Golan Heights, which resulted in the effective annexation of that territory; 11. Reaffirms once more the overriding necessity of the total and unconditional withdrawal by Israel from all the Palestinian and other Arab territories occupied since 196 7, including Jerusalem, which is an essential prerequisite for the establishment ofa comprehensive and just peace in the Middle East; 12. Determines once more that Israel's record, policies and actions confirms that it is not a peace-loving Member State, that it has persistently violated the principles con- tained in the Charter and that it has carried out neither its obligations under the Charter nor its commitment under General Assembly resolution 273 (III) of 11 May 1949; 13. Calls once more upon all Member States to apply the following measures: (a) To refrain from supplying Israel with any weapons and related equipment and to suspend any military assis- tance that Israel receives from them; (b) To refrain from acquiring any weapons or military equipment from Israel; (c) To suspend economic, financial and technological assistance to and co-operation with Israel; (d) To sever diplomatic, trade and cultural relations with Israel; 14. Reiterates its call to all Member States to cease forthwith, individually and collectively, all dealings with Israel in order totally to isolate it in all fields; 15. Urges non-Member States to act in accordance with the provisions of the present resolution; 16. Calls upon the specialized agencies and other inter- national organizations to conform their relations with Israel to the terms of the present resolution; 17. Requests the Secretary-General to report to the General Assembly at its fortieth session on the implemen- tation of the present resolution. C The General Assembly, 101st plenary meeting 14 December 1984 Recalling its resolutions 36/ l 20 E of I O December 1981, 37/123 C of 16 December 1982 and 38/180 C of 19 December 1983, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which had altered or purported to alter the character and status of the Holy City of Jerusa- lem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith, Recalling Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States that had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City, 129 Of!icial Records of the General Assembly, Thirty-ninth Session, Supple- ment No. 49 (A/39/49). Having considered the report of the Secretary-General of 2 October 1984, 123 I Declares once more that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever; 2. Deplores the transfer by some States of their diplo- matic missions to Jerusalem in violation of Security Coun- cil resolution 4 78 ( 1980) and their refusal to comply with the provisions of that resolution; 3. Calls once again upon those States to abide by the provisions of the relevant United Nations resolutions. in conformity with the Charter of the United Nations; 4. Requests the Secretary-General to report to the Gen- eral Assembly at its fortieth session on the implementation of the present resolution. JO 1 st plenary meeting 14 December 1984 39/161. Observance of the fortieth anniversary of the United Nations A The General Assembly, Recalling its decision 38/455 of 20 December 1983. by which it established the Preparatory Committee for the Fortieth Anniversary of the United Nations and entrusted it with the task of considering and recommending to the General Assembly at its thirty-ninth session proposals for suitable activities in connection with the observance in 1985 of the fortieth anniversary of the United Nations. Having considered the report of the Preparatory Com- mittee, 129 1. Decides that the theme of the fortieth anniversary of the United Nations shall be "United Nations for a better world" and expresses the hope and desire that the year 1985 will mark the beginning of an era of durable and global peace and justice, social and economic development and progress and independence of all peoples; 2. Takes note of the programmes and activities, including those recommended by the Preparatory Com- mittee for the Fortieth Anniversary of the United Nations, to be undertaken by the United Nations and its related organizations, as well as the programmes and activities suggested for the consideration of Governments of Mem- ber States and non-governmental organizations; 3. Decides that the Preparatory Committee, estab- lished at its thirty-eighth session, shall continue to func- tion in that capacity, under the chairmanship of the Presi- dent of the thirty-ninth session of the General Assembly, until the observance of the anniversary, with the purpose of drawing up and co-ordinating plans and organizing suit- able activities for the anniversary to be undertaken by the United Nations, in the light of the present resolution and the report of the Preparatory Committee; 4. Decides that a commemorative session of the Gen- eral Assembly shall be held for a short period, culminating on 24 October 1985 and coinciding with the proclamation of the International Year of Peace; 5. Requests the Preparatory Committee to draw up a suitable text for a final document or documents to be con- sidered for signature and/or adoption during the com- memorative session;
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