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A/RES/76/12 GA

Jerusalem

76
Session
129
Yes
11
No
31
Abstentions
Draft symbol A/76/L.16
Adopted symbol A/RES/76/12
Category POLITICAL AND LEGAL QUESTIONS
P5 Positions
Russia United States United Kingdom ~ China France
UN Document A/RES/76/12 ↗

Vote Recorded VoteA/76/PV.42 Dec. 1, 2021

1 surprising vote — country whose ideal point predicts the opposite position.

— Abstain (31)
✗ No (11)
Absent (22)
✓ Yes (129)
Speeches following this vote (12) may include explanations of vote
The President
Before giving the floor for explanations of vote after the vote, may I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.
Mr. Eckersley (United Kingdom of Great Britain and Northern Ireland)
The United Kingdom’s position on the status of Jerusalem is clear and long-standing: it should be determined in a negotiated settlement between the Israelis and the Palestinians. The final determination of Jerusalem must ensure that the holy city is a shared capital of Israel and a Palestinian State, granting access and religious rights to all who hold it dear. The United Kingdom opposes unilater…
Mrs. Aguiar Barboza (Brazil)
Brazil wishes to deliver the following explanation of vote regarding resolutions 76/11 and 76/12, which the General Assembly has just adopted. Brazil reiterates its support for a just, lasting and peaceful settlement to the Israeli-Palestinian conflict that is based on a two-State solution with Israel and Palestine living side by side within secure and internationally recognized borders. Brazi…
Mr. Kvalheim (Norway)
One of the resolutions adopted today refers to the holy sites in Jerusalem (resolution 76/12). Norway is concerned by worrying developments and recurrent violent clashes at the Temple Mount/Al-Haram Al-Sharif. Norway recalls the special significance of the holy sites and calls for upholding the historic status quo for Temple Mount/Al-Haram Al-Sharif, in line with previous understandings and with …
Mrs. Breshanaj (Albania)
I will be very brief. I am taking the floor to explain our abstention in the voting on resolution 76/12, just adopted, entitled “Jerusalem”. Albania’s position on the issues reflected in the text are well known, documented and coherent and we agree with its substance. Having said that, we would have preferred a more balanced terminology on such sensitive issues, namely the holy places in Jerusal…
The President
We have heard the last speaker in explanation of vote after the vote. We will now hear those delegations wishing to make statements after the adoption of the resolution. I give the floor to the representative of the European Union, in its capacity as observer.
Mr. Gonzato
I have the honour to speak on behalf of the European Union (EU) and its member States. The EU wishes to thank the Palestinian delegation for the successful outcome of our negotiations on a number of resolutions on which action has been taken by the General Assembly. The EU welcomes the Palestinian Mission’s decision to bi-annualize a number of resolutions under the agenda item “Question of Pales…
Mr. Alvarez (Argentina)
Argentina voted in favour of resolution 76/11 because it believes that the resolution’s essential character is linked to the illegality of the acquisition of territory by force. Article 2, paragraph 4, of the Charter of the United Nations prohibits the use or threat of use of force against the territory or integrity of a State. At the same time, I wish to clarify Argentina’s position with respec…
Mr. Mansour (State of Palestine)
By now, I think it is known to everyone that I am the representative of the State of Palestine, and that I am also the representative of the Observer State of Palestine in the United Nations system. Hopefully, we will soon become a full member within the United Nations system because it is our natural and legal right. It is only a matter of time before we see the General Assembly’s implementatio…
The President
The exercise of the right of reply has been requested. May I remind members that statements in the exercise of the right of reply are limited to 10 minutes for the first intervention and five minutes for the second intervention and should be made by delegations from their seats. I now give the floor to the representative of the Syrian Arab Republic.
Mr. Ajeeb (Syrian Arab Republic)
I have asked for the floor first, to thank the Member States for their steadfast and principled support for the right of Syria to the Syrian Golan and for ending Israeli’s occupation thereof while considering all its measures null and void. Secondly, I wish to respond to the lies and misleading campaign launched by the representative of the Israeli occupation who, instead of being ashamed of th…
The President
The General Assembly has thus concluded this stage of its consideration of agenda item 38.
Full text of resolution OCR extract — may contain errors
United Nations A/RES/76/12 General Assembly Distr.: General 6 December 2021 21-17888 (E) 091221 *2117888* Seventy-sixth session Agenda item 38 The situation in the Middle East Resolution adopted by the General Assembly on 1 December 2021 [without reference to a Main Committee (A/76/L.16 and A/76/L.16/Add.1)] 76/12. Jerusalem The General Assembly, Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem, Recalling also its resolution 36/120 E of 10 December 1981 and all its subsequent relevant resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, 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, as well as its previous resolutions on Jerusalem, Recalling further the Security Council resolutions relevant to Jerusalem, including resolutions 250 (1968) of 27 April 1968, 251 (1968) of 2 May 1968, 252 (1968) of 21 May 1968, 267 (1969) of 3 July 1969, 271 (1969) of 15 September 1969, 298 (1971) of 25 September 1971, 476 (1980) of 30 June 1980, 672 (1990) of 12 October 1990, 1073 (1996) of 28 September 1996 and 1322 (2000) of 7 October 2000, Recalling, in particular, Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” on Jerusalem, and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem, and calling upon States to act in accordance with the provisions therein, as well as Council resolution 2334 (2016) of 23 December 2016, in which the Council affirmed that it would not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations, Deploring any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions, and reiterating that all measures which A/RES/76/12 Jerusalem 21-17888 2/3 have altered the geographic, demographic and historical character and status of the Holy City of Jerusalem are null and void and must be rescinded in compliance with the relevant resolutions of the Security Council, Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory,1 and recalling also its resolution ES-10/15 of 20 July 2004, Deploring, in particular, Israeli construction and expansion of settlements in and around East Jerusalem, including measures regarding the so-called E-1 plan, construction of the wall, demolition of Palestinian homes and other civilian infrastructure, expulsions and displacement of numerous Palestinian families, including Bedouin families, restrictions on Palestinian access to and residence in East Jerusalem, including revocation of residency rights, and the further isolation of the city from the rest of the Occupied Palestinian Territory, and expressing grave concern over the continued closure of Palestinian institutions in the city as well as acts of provocation and incitement, including by Israeli settlers, including against holy sites, Expressing its serious concern about the possible displacement of Palestinian families from homes that they have lived in for generations in the Sheikh Jarrah and Silwan neighbourhoods in East Jerusalem, and stressing its opposition to all such unilateral actions, which are illegal under international law and risk exacerbating the already tense and fragile environment, Expressing its concern about the Israeli excavations undertaken in the Old City of Jerusalem, including in and around religious sites, Recalling the Security Council press statement on Jerusalem of 17 September 2015, in which the Council called, inter alia, for the exercise of restraint, refraining from provocative actions and rhetoric and upholding unchanged the historic status quo at the Haram al-Sharif – in word and in practice, as well as for full respect for international law, including international human rights law and international humanitarian law, as may be applicable in Jerusalem, Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and in the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter, Reaffirming also the importance and holiness of the City of Jerusalem for the three monotheistic religions, Having considered the report of the Secretary-General on the situation in the Middle East,2 1. Reiterates its determination that any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever, and calls upon Israel to immediately cease all such illegal and unilateral measures; 2. Stresses that a comprehensive, just and lasting solution to the question of the City of Jerusalem should take into account the legitimate concerns of both the __________________ 1 See A/ES-10/273 and A/ES-10/273/Corr.1. 2 A/76/194. Jerusalem A/RES/76/12 3/3 21-17888 Palestinian and Israeli sides, in accordance with international law, and should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by people of all religions and nationalities; 3. Also stresses the need for the parties to observe calm and restraint and to refrain from provocative actions, incitement and inflammatory rhetoric, especially in areas of religious and cultural sensitivity, and expresses its grave concern, in particular, about the recent series of serious negative incidents in East Jerusalem; 4. Calls for respect for the historic status quo at the holy places of Jerusalem, in word and in practice, and urges all sides to work immediately and cooperatively to defuse tensions and halt all provocations, incitement and violence at the holy sites in the City; 5. Requests the Secretary-General to report to the General Assembly at its seventy-eighth session on the implementation of the present resolution. 42nd plenary meeting 1 December 2021
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UN Project. “A/RES/76/12.” UN Project, https://un-project.org/votes/resolution/A-RES-76-12/. Accessed .