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I. RECOMMENDATIONS OF THE COMMITTEE ON THE EXERCISE<\/strong><\/p><\/div>\n\n
OF THE INALIENABLE RIGHTS OF THE PALESTINIAN <\/strong><\/p><\/div>\n\n
PEOPLE FOR THE GENERAL ASSEMBLY<\/strong><\/p><\/div>\n\n
\t<\/span>The Committee met on 5 November 1997 and adopted its report to the General Assembly at its fifty-second session (see A\/52\/35 and GA\/PAL\/767). At the same meeting, it approved the request of South Africa for full membership in the Committee. On 28 November, the Committee met and approved four draft resolutions on the question of Palestine (see GA\/PAL\/769) for submission to the General Assembly. The Committee deferred to the General Assembly for decision a fifth draft resolution regarding granting rights and privileges enjoyed by Member States to Palestine, except the right to vote or to put forward candidates. The Committee’s recommendations contained in the report are reproduced below:<\/i><\/p><\/div>\n\n
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124.\t<\/span>The year 1997 marked the thirtieth anniversary of the occupation of the Palestinian territory, including Jerusalem and other Arab territories, by Israel. The year also marked the fiftieth anniversary of the adoption of General Assembly resolution 181 (II), in which the Assembly decided on the partitioning of Palestine and called for the establishment of independent Jewish and Arab States and a special international regime for Jerusalem. It was also 10 years since the beginning of the intifada, the Palestinian uprising which helped create the conditions for the peace process. Mindful of these milestones in the history of dispossession and suffering of the Palestinian people, the Committee urges the international community to redouble its efforts in support of the inalienable rights of the Palestinian people, the key to a just and lasting peace.<\/p><\/div>\n<\/p>\n
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125.\t<\/span>The signing of the Declaration of Principles in September 1993 by Israel and the Palestine Liberation Organization created a dramatic turning point in the search for peace in the Middle East, leading to the emergence of a new reality on the ground, enabling the Palestinian people to take its first steps towards independence and opening new possibilities for cooperation among the peoples of the region. The Committee considers it essential for the international community to intensify its efforts in support of the historic process of reconciliation between the two sides and for the effective implementation of the agreements reached and for the resumption of all aspects of the negotiations on the agreed basis.<\/p><\/div>\n<\/p>\n
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126.\t<\/span>The Committee expresses its greatest concern and anguish that the hopes ushered in by initial positive developments were not carried through in the year under review and that the peace process itself appeared increasingly in jeopardy, leading to an alarming exacerbation of tension and violence on the ground, resulting in loss of life on both sides. The Committee believes that the harsh economic measures taken against the occupied Palestinian territory, including the prolonged blockade, are a form of collective punishment in contravention of the Fourth Geneva Convention and the agreements reached, and calls for their end in the interests of restoring mutual confidence and promoting peace.<\/p><\/div>\n<\/p>\n
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127.\t<\/span>Especially worrisome were actions taken by Israel to strengthen its control over occupied East Jerusalem, such as the opening of a new entrance to the tunnel near Al Aqsa Mosque, the withdrawal of Jerusalem identity cards, the destruction of buildings, and the intensified efforts to establish Jewish settlements in the old city. The resumption of construction and expansion of settlements throughout the occupied territory, including Jerusalem, and statements made by the Government in that regard caused increasing fears for future prospects of achieving a just peace and the Palestinian right to self-determination.<\/p><\/div>\n<\/p>\n
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128.\t<\/span>The Committee deplores the decision by the Government of Israel to approve the construction of a new Jewish settlement at Jabal Abu Ghneim, south of East Jerusalem, and its decision to begin and proceed with construction in spite of the unanimous expression of opposition by the international community. The Committee fully supports the recommendations made by the General Assembly in resolutions ES-10\/2 and ES-10\/3, in particular for the convening of a conference of the High Contracting Parties to the Fourth Geneva Convention to consider measures to enforce the Convention in the Occupied Palestinian Territory, including Jerusalem, and to ensure its respect, in accordance with common article 1. The Committee will continue to remain engaged in the follow-up to the recommendations of the Assembly and to promote the necessary action.<\/p><\/div>\n<\/p>\n
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129.\t<\/span>The Committee calls for the reinjection of momentum into the stalled Middle East peace process and for the implementation of the agreements reached between the Government of Israel and the Palestine Liberation Organization. In this regard, it notes with appreciation the increased involvement in efforts to bring about the resumption of the bilateral negotiations by the co-sponsors of the peace process, as well as the European Union. The Committee is also appreciative of the resilient efforts with which a number of world leaders contributed to the task of restarting the peace process.<\/p><\/div>\n<\/p>\n
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130.\t<\/span>The Committee reaffirms that the United Nations has a permanent responsibility with respect to the question of Palestine until a comprehensive, just and lasting settlement is reached. The Committee reiterates that the involvement of the United Nations in the peace process, both as the guardian of international legitimacy and in the mobilization and provision of international assistance, is essential for the successful outcome of the peace efforts. As the organ of the General Assembly established to deal with the question of Palestine, the Committee believes that its role continues to be useful and necessary during the transitional period and until a satisfactory final settlement is achieved.<\/p><\/div>\n<\/p>\n
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131.\t<\/span>The Committee reaffirms that such a settlement must be based on Security Council resolutions 242 (1967) and 338 (1973), the withdrawal of Israel from the Palestinian territory, including Jerusalem, and other Arab territories occupied since 1967, the principle of exchange of land for peace and the exercise by the Palestinian people of its inalienable rights, in particular the right to self-determination. The Committee also insists that, during the interim period, Israel must recognize and respect its obligations as the occupying Power under the Fourth Geneva Convention.<\/p><\/div>\n<\/p>\n
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132.\t<\/span>While remaining firm on these positions of principle, the Committee has continued to make adjustments in its approach and programme of work, taking into account the new realities, in order to make a concrete contribution to promoting the implementation of the agreements reached and to mobilize international assistance to the Palestinian people. The Committee invites the General Assembly once again to recognize the importance of its role and to reconfirm its mandate with overwhelming support.<\/p><\/div>\n<\/p>\n
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133.\t<\/span>The Committee wishes to express its great appreciation to those States that have supported its work and facilitated the organization of events held under the Committee's auspices. The Committee believes that, in the light of the new situation and the constructive position of the Committee, as reflected in its programme of work, the time has come for all States to recognize the valuable contribution that it can make as a forum for dialogue, analysis, exchange of expertise, mobilization of public opinion and action in support of the peace efforts and the inalienable rights of the Palestinian people, as well as its socio-economic development. The Committee considers that a broadening of its membership to include countries that support its objectives but have not hitherto participated in its work, would greatly enhance the contribution of the General Assembly to promoting peace at this important stage.<\/p><\/div>\n<\/p>\n
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134.\t<\/span>The Committee considers that its programme of seminars in the various regions has played a useful role in informing and mobilizing public opinion, promoting the exchange of experience and expertise among participants from the various regions and Palestinians and Israelis, and in promoting increased involvement by Governments in the search for a just and comprehensive solution to the conflict. The annual convening of a seminar devoted specifically to issues related to the economic and social challenges facing the Palestinian people during the transitional period has proved very useful and the Committee intends to continue this practice in order to give the international donor community, including United Nations bodies and agencies, the opportunity to exchange views with representatives of the Palestinian Authority and internationally renowned experts on relevant issues.<\/p><\/div>\n<\/p>\n
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135.\t<\/span>In view of the current serious situation in the occupied Palestinian territories, including Jerusalem, the Committee intends to encourage renewed, intensified efforts by non-governmental organizations to organize and coordinate sustained campaigns in order to inform public opinion and to promote national and international action in support of United Nations resolutions and the Committee's objectives. It plans to continue its programme of meetings of non-governmental organizations in the various regions with a view to providing the non-governmental organization constituency with a periodic analysis of political developments, a forum for an exchange of views and experience, as well as for planning and coordinating specific activities of non-governmental organizations.<\/p><\/div>\n<\/p>\n
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136.\t<\/span>The Committee emphasizes the essential contribution of the Division for Palestinian Rights as a centre for research, monitoring, the preparation of studies and the collection and dissemination of information on all issues related to the question of Palestine. The Committee requests the Division to continue its programme of publications, in consultation with the Committee, and to pay particular attention to finalizing the proposed study on settlements during the coming year. The Committee notes with appreciation the further progress made by the Division in developing the United Nations computer-based Information System on the Question of Palestine and calls for continuing efforts to include all relevant documentation in the system.<\/p><\/div>\n<\/p>\n
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137.\t<\/span>Noting further the successful continuation in the Division of the project for the training of staff of the Palestinian Authority in the workings of the United Nations system, the Committee requests the Division to continue this exercise in the future.<\/p><\/div>\n<\/p>\n
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138.\t<\/span>The Committee will continue, especially during the transitional period and until a fair, satisfactory solution is achieved, to strive to achieve maximum effectiveness in the implementation of its mandate and to adjust its work programme in the light of developments in order to continue to contribute, to the extent possible, to the realization of the common United Nations objective of achieving a just and lasting solution to the question of Palestine.<\/p><\/div>\n<\/p>\n
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II. GENERAL ASSEMBLY HOLDS RESUMED EMERGENCY SPECIAL SESSION;<\/strong><\/p><\/div>\n\n
CONSIDERS REPORT OF THE SECRETARY-GENERAL; ADOPTS RESOLUTION<\/strong><\/p><\/div>\n<\/p>\n
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\t<\/span>At the request of the Chairman of the Arab Group (A\/ES-10\/17), the Chairman of the Islamic Group of the Organization of the Islamic Conference (A\/ES-10\/18), the Chairman of the Coordinating Bureau of the Movement of Non-Aligned Countries (A\/ES-10\/19) and the Permanent Observer of Palestine to the United Nations (A\/ES-10\/15), the General Assembly resumed its tenth emergency special session on 13 November 1997. The Assembly considered the illegal Israeli policies, including Israeli settlements, on the basis of the report of the Secretary General ( (A\/ES-10\/16-S\/1997\/798) submitted in accordance with General Assembly resolution ES\/10-3. The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People made a statement (A\/ES-10\/PV.6), the text of which is reproduced below:<\/i><\/p><\/div>\n<\/p>\n
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Statement of the Chairman<\/u><\/p><\/div>\n
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(interpretation from French<\/i>): I would like to thank you, Mr. President, for giving me the floor in my capacity as Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People at this resumed tenth emergency special session of the General Assembly on the question of “Illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory”. We are sure that under your enlightened leadership the work of this important session will be crowned with success.<\/p><\/div>\n
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\t<\/span>I would also like to thank the Government of Switzerland for its efforts in response to paragraph 10 of resolution ES-10\/3, in which the General Assembly recommended that the High Contracting Parties to the Fourth Geneva Convention convene a conference to enforce the Convention in the occupied Palestinian territory, including Jerusalem, and to ensure its respect, in accordance with common article 1 of all four Geneva Conventions.<\/p><\/div>\n<\/p>\n
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\t<\/span>We have noted with interest the views expressed by the many Contracting Parties that have responded to the letter from the Swiss Government, the vast majority of which were in favour of convening such a conference. Some raised the possibility of first seeking to clarify certain legal issues, while others were hesitant, apprehensive that this initiative might jeopardize the peace process.<\/p><\/div>\n<\/p>\n
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\t<\/span>It is clear from the replies that the international community in general, and the Contracting Parties to the Fourth Geneva Convention in particular, remain gravely concerned about the stalemate in the Middle East peace process, and believe that the precarious situation and denial of justice in the occupied Palestinian territory justify concrete, urgent measures by the community of nations to alleviate the sufferings of the Palestinians living under occupation.<\/p><\/div>\n<\/p>\n
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\t<\/span>Today the General Assembly, which has been seized of this abnormal situation in an emergency special session since last April, must carefully consider this question with a view to recommending collective measures to Member States, in accordance with paragraph 1 of resolution 377 (V), “Uniting for peace”.<\/p><\/div>\n<\/p>\n
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\t<\/span>It is encouraging that the bilateral talks between the Israelis and the Palestinians on a series of issues resumed on 4 November. For these talks to succeed, we sincerely believe that only the support and commitment of the co-sponsors of the peace process will be likely to re-establish the confidence which is indispensable for advancing the process in the direction desired by the great majority of the peoples of the Middle East and the entire international community.<\/p><\/div>\n<\/p>\n
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\t<\/span>We have also noted that the Israeli Government has taken certain steps: gradually releasing frozen funds, partially lifting the siege imposed on Palestinian areas, and allowing some Palestinian workers to go to their jobs in Israel.<\/p><\/div>\n<\/p>\n
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\t<\/span>Although these measures are welcome, they represent in reality only a cautious beginning, which slightly improves the grave situation of the Palestinian population of the occupied territory. These measures can in no way absolve Israel from making fundamental decisions: to freeze the building of settlements and the illegal confiscation of land and to withdraw the occupying forces from the occupied territories. The behaviour of the occupying authorities clearly underlies the serious situation that has been going on since last year, prompting the international community to convene this tenth emergency special session.<\/p><\/div>\n<\/p>\n
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\t<\/span>As rights continue to be denied and the confiscation and whittling away of Palestinian lands persists, Palestinian hopes of enjoying the true exercise of their rights shrink day by day. And we note also, every day, that international condemnation of these illegal measures has still not prevented the occupying Power from continuing to take illegal measures contrary to the spirit and the letter of the relevant United Nations resolutions.<\/p><\/div>\n<\/p>\n
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\t<\/span>In contempt of resolutions recently adopted by the General Assembly, during its resumed fifty-first session and this tenth emergency special session, construction of the Har Homa settlement on Jabal Abu Ghneim has gone on. It was learned last week that the first 1,000 apartments will be ready for sale to Jewish settlers in 1998. The total number of apartments under construction is of the order of 6,500.<\/p><\/div>\n<\/p>\n
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\t<\/span>The expansion of other settlements throughout the occupied territory is also continuing. At the end of October, for example, it was disclosed that 1,500 hectares had been confiscated to enlarge the Maaleh Adumim settlement in the West Bank, which thus would ultimately stretch from the outskirts of Jerusalem almost to the border with Jordan.<\/p><\/div>\n<\/p>\n
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\t<\/span>In occupied East Jerusalem settlers have taken over additional buildings, and it has been announced that a new gate for traffic will be opened through the Old City and new buildings will be put up in the Jewish quarter. At the same time, Palestinian Jerusalemites are increasingly being deprived of their residence rights, and Palestinian homes in the city are being systematically demolished. Finally, acts of violence are committed daily by armed Jewish settlers and occupying troops against defenceless Palestinians in Al-Khalil (Hebron) and elsewhere in occupied Palestinian territory.<\/p><\/div>\n<\/p>\n
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\t<\/span>The Palestinian territory has now been occupied for over 30 years, and for more than 30 years the international community has been adopting resolutions in the Security Council and the General Assembly to settle the Israeli-Palestinian conflict. Soon it will be 50 years since the General Assembly adopted the resolution partitioning Mandated Palestine into two States, one Jewish, the other Arab, with a special status for Jerusalem.<\/p><\/div>\n<\/p>\n
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\t<\/span>Throughout all these years, Herculean efforts have been made to achieve a just and lasting peace, which would enable Palestinians and Israelis to live together on an equal footing, in dignity and respecting each other's rights, and in a framework of partnership and cooperation.<\/p><\/div>\n<\/p>\n
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\t<\/span>By signing the Declaration of Principles in 1993 the parties made a bold move in the direction of peace. They chose the difficult and laborious, but ultimately rewarding, task of working together to resolve their differences and achieve mutual understanding, because the bloodshed and destruction of the past half century had made it clear to them that there was no alternative to putting an end to rancour and laying down their arms.<\/p><\/div>\n<\/p>\n
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\t<\/span>The attempts at exclusion imposed by force of arms, the deprivations and collective punishment during the occupation, can never lead to peace or bring security. That peace and that security will come only with a cooling of emotions, by calming the hearts and minds of the peoples of the region.<\/p><\/div>\n<\/p>\n
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\t<\/span>Thus there is a need for the General Assembly to express, today, the position of the international community in a clear fashion in favour of the convening of the conference on measures to enforce the Fourth Geneva Convention in the occupied Palestinian territory and to adopt measures to promote confidence and reestablish respect for international legality. Only such measures can truly assist in moving the peace process forward.<\/p><\/div>\n<\/p>\n
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\t<\/span>As Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I should like to reaffirm here once again that we are determined fully to support the Assembly's decisions and to intensify our efforts to contribute to the advent of a just and lasting peace in the interests of all the peoples of that region, peoples who – I repeat once again – have sent an indispensable message of peace and tolerance to the world.<\/p><\/div>\n<\/p>\n
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\t<\/span>On the same day, by a vote of 139 in favour to 3 against, with 13 abstentions, the General Assembly adopted a resolution, the text of which is reproduced below:<\/i><\/p><\/div>\n\n
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ES-10\/4. Illegal Israeli actions in Occupied East<\/u><\/p><\/div>\n\n
\t\t\t<\/span> Jerusalem and the rest of the Occupied<\/u><\/p><\/div>\n\n
\t\t\t<\/span> Palestinian Territory<\/u><\/p><\/div>\n<\/p>\n
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\t<\/span>The General Assembly<\/i>,<\/p><\/div>\n<\/p>\n
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\t<\/span>Having received<\/i> the report of the Secretary-General submitted in accordance with paragraph 10 of its resolution ES-10\/3 of 15 July 1997,1<\/u>\/<\/p><\/div>\n<\/p>\n
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\t<\/span>Having received<\/i> at an earlier date the report of the Secretary-General submitted in accordance with paragraph 9 of its resolution ES-10\/2 of 25 April 1997,2<\/u>\/<\/p><\/div>\n<\/p>\n
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\t<\/span>Determined<\/i> to uphold the purposes and principles of the Charter of the United Nations, international humanitarian law and all other instruments of international law, as well as relevant General Assembly and Security Council resolutions,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reiterating<\/i> the demands made in resolutions ES-10\/2 and ES-10\/3, namely:<\/p><\/div>\n<\/p>\n
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\t<\/span>(a<\/i>)\t<\/span>The immediate and full cessation of the construction in Jebel Abu Ghneim and of all other Israeli settlement activities, as well as of all illegal measures and actions in Jerusalem;<\/p><\/div>\n<\/p>\n
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\t<\/span>(b<\/i>)\t<\/span>That Israel accept the de jure<\/i> applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3<\/u>\/ to all the territories occupied since 1967, and that it comply with relevant Security Council resolutions, in accordance with the Charter of the United Nations;<\/p><\/div>\n<\/p>\n
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\t<\/span>(c)<\/i>\t<\/span>That Israel, the occupying Power, immediately cease and reverse all actions taken illegally, <\/p><\/div>\n<\/p>\n
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\t<\/span>(d<\/i>)\t<\/span>That Israel, the occupying Power, make available to Member States the necessary information about goods produced or manufactured in the illegal settlements in the Occupied Palestinian Territory, including Jerusalem,<\/p><\/div>\n<\/p>\n
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\t<\/span>Aware<\/i> that Israel, the occupying Power, has not heeded any of the above-mentioned demands and that it continues with its illegal actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory,<\/p><\/div>\n<\/p>\n
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\t<\/span>Having been informed<\/i> in the report of the Secretary-General 2<\/u>\/ of the responses of the High Contracting Parties to the Geneva Convention and of the collective responses transmitted through letters from the President of the Coordinating Bureau of the Movement of Non-Aligned Countries, the Secretary-General of the League of Arab States and the Presidency of the Council of the European Union, to the note sent by the Government of Switzerland in its capacity as the depository of the Convention,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming<\/i> the permanent responsibility of the United Nations with regard to the question of Palestine until it is solved in all its aspects,<\/p><\/div>\n<\/p>\n
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\t<\/span>Having received<\/i> a letter dated 20 August 1997 from the Permanent Observer Mission of Palestine to the United Nations,4<\/u>\/ informing about specific cases of assistance by individuals for illegal settlement activities,<\/p><\/div>\n<\/p>\n
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\t<\/span>Gravely concerned<\/i> at the continuing deterioration of the Middle East peace process and the lack of implementation of the agreements reached,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming<\/i> that all illegal Israeli actions in Occupied East Jerusalem and the rest of the Occupied Palestinian Territory, especially settlement activities, and the practical results thereof, cannot be recognized irrespective of the passage of time,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling<\/i> its rejection of terrorism in all its forms and manifestations in accordance with all relevant resolutions and declarations of the United Nations,<\/p><\/div>\n<\/p>\n
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\t<\/span>1.\t<\/span>Condemns<\/i> the failure of the Government of Israel to comply with the provisions of resolutions ES-10\/2 and ES-10\/3, in particular the continuation of the building of a new settlement in Jabal Abu Ghneim to the south of Occupied East Jerusalem;<\/p><\/div>\n<\/p>\n
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\t<\/span>2.\t<\/span>Reiterates its call<\/i> for the cessation of all forms of assistance and support for illegal Israeli activities in the Occupied Palestinian Territory, including Jerusalem, in particular settlement activities;<\/p><\/div>\n<\/p>\n
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\t<\/span>3.\t<\/span>Reiterates its recommendation<\/i> to the High Contracting Parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, 3<\/u>\/ to take measures on a national or regional level, in fulfilment of their obligations under article 1 of the Convention, to ensure respect by Israel, the occupying Power, of the Convention, as well as its recommendation to Member States to actively discourage activities that directly contribute to any construction or development of Israeli settlements in the Occupied Palestinian Territory, including Jerusalem, as these activities contravene international law;<\/p><\/div>\n<\/p>\n
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\t<\/span>4.\t<\/span>Reiterates also its recommendation<\/i> that the High Contracting Parties to the Geneva Convention convene a conference on measures to enforce the Convention in the Occupied Palestinian Territory, including Jerusalem, and to ensure its respect in accordance with common article 1;<\/p><\/div>\n<\/p>\n
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\t<\/span>5.\t<\/span>Recommends<\/i> to the Government of Switzerland, in its capacity as the depository of the Geneva Convention, to undertake the necessary steps, including the convening of a meeting of experts in order to follow up on the above-mentioned recommendation, as soon as possible and with a target date not later than the end of February 1998;<\/p><\/div>\n<\/p>\n
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\t<\/span>6.\t<\/span>Requests<\/i> the Government of Switzerland to invite the Palestine Liberation Organization to participate in the above-mentioned conference and any preparatory steps for that conference;<\/p><\/div>\n<\/p>\n
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