Mr. President,

1. Since the 27 January briefing, efforts to bring about Israeli-Palestinian negotiations have continued. A proposal from US Envoy Mitchell to the parties to begin indirect talks with US mediation is currently under serious consideration. Israel has indicated its readiness to work on this basis, while President Abbas has been engaged in intensive consultations and sought clarifications. The Secretary-General hopes that President Abbas will move forward on the basis of this practical proposal so that serious talks can begin. He notes Prime Minister Netanyahu’s stated commitment to a two State solution, although confusion as to the government’s intentions arises from statements by various government officials.

2. We continue to stress the importance of doing everything possible to ensure that negotiations lead in a clear timeframe to an agreement resolving all final status issues, including Jerusalem, borders, refugees, security, settlements and water. We believe that the international consensus on what it takes to reach a sustainable agreement is strong, and that an active Quartet will be vital to support the process.

3. The Israeli government’s partial restraint on settlement construction in the West Bank, excluding East Jerusalem, remains in effect, and has led to a slowdown of construction activity. However, violations of the restraint orders have been identified by the Israeli authorities in at least 29 settlements, with the Defence Ministry stating that it is issuing demolition and stop work orders against violators. While the Israeli government’s settlement restraint constitutes at a step beyond previous positions, settlements are illegal – and continued settlement activity violates Israel’s Roadmap obligations and prejudges the outcome of negotiations. We therefore urge additional measures to enforce the restraint. We also urge its extension into a comprehensive freeze, including in East Jerusalem, as well as its continuation beyond the current ten month period.

4. There were no demolitions of Palestinian homes or evictions in East Jerusalem during the reporting period, a positive development which we hope will continue. We continue to call for the re-opening of Palestinian institutions in East Jerusalem in accordance with Roadmap obligations. The status of Jerusalem is to be determined through negotiations, and we believe that a way must be found through negotiations for Jerusalem to emerge as the capital of two States.

5. The Palestinian Authority’s efforts to meet its Roadmap obligations to combat terrorism have continued in the West Bank, reflecting impressive achievements in reform, professionalization, and performance. It is important that the Palestinian Authority leadership continues to speak out against violence and incitement. On 10 February an Israeli soldier was killed by a knife attack. The incident was condemned by Palestinian Prime Minister Fayyad.

6. There were 79 Israeli army incursions into West Bank towns and villages in response to alleged security threats. Nearly 500 Palestinians were arrested. On 12 February, Israeli security forces shot and killed a Palestinian for attempting to stab a soldier in Hebron, while 41 other Palestinians were injured in IDF actions. Israeli security forces also carried out extensive operations in Shuafat refugee camp in East Jerusalem between 8 and 10 February.

7. Palestinian, Israeli and foreign protesters continued demonstrating against the barrier where it is being constructed within the West Bank in contravention of the Advisory Opinion of the International Court of Justice. There have been raids into Ramallah against individuals and organizations involved in protests. In a positive action, we note that Israel began work on 10 February to reroute a section of the barrier around the village of Bil’in to implement a 2007 Israeli High Court order, which is expected to return 700,000 square meters of arable land to the village, while leaving approximately 150,000 square meters west of the barrier.

8. We are also concerned at continued settler violence. There have been 8 reported attacks by settlers on Palestinians, including on 9 February when settlers shot and injured a Palestinian teenager.

9. We note legitimate Israeli and Palestinian security concerns. Sustainable security will best be achieved by intensified cooperation, continued empowerment of PA security efforts and PA performance, curtailment of IDF incursions into Palestinian areas, full respect for legitimate non-violent protest, Israeli action to curb settler violence, Palestinian action against incitement, and progress in both political negotiations and economic development.

10. OCHA recorded the removal of 24 closure obstacles throughout the Hebron governorate, continuing the gradual easing of Palestinian movement in areas to the east of the Barrier. However, as of 16 February, 550 obstacles to movement remain in place throughout the West Bank, of which 89 are permanently and partially staffed checkpoints. The Israeli government recently allowed tourist buses to use the Jalameh vehicle crossing from northern Israel into the West Bank, with the aim of boosting the Palestinian tourism sector. The Israeli government is encouraged to continue to facilitate this access, and to take more far-reaching measures as well.

11. The important work of Palestinian state-building through institutional reform and development is continuing. However, the recurrent financing requirements facing the Palestinian Authority are still substantial, projected at about $1.2 billion in 2010, despite reduced spending on wages and subsidies. We encourage donors to channel their assistance, first and foremost through the Single Treasury Account, and to support the priorities articulated by the Palestinian Authority for 2010. We welcome recent transfers and pledges and also strongly encourage those donors who have not yet done so to frontload financial support, to allow for greater predictability. We also stress the importance of applying accepted principles of aid effectiveness to ensure better targeting and maximize program impact.

Mr. President,

12. On 8 February the Palestinian Cabinet called for local elections to be held on 17 July 2010, in accordance with the local election law for all 335 municipal councils in the West Bank and Gaza. The Palestinian Central Election Commission is planning to start registering voters on 6 March. We take this opportunity to urge Hamas to respond positively to this important part of the democratic process.

13. Senior Fateh and independent figures visited Gaza during the reporting period in an effort to ease tensions and promote reconciliation. Other factions in the Gaza Strip have also been active in this direction, and an Arab parliamentary group visited the Strip on 15 and 16 February. However, to date, there has been no further progress in finalizing an agreement based on Egypt’s proposal.

14. It is deeply regrettable that there has been no breakthrough on a prisoner exchange to secure the release of Corporal Shalit and Palestinian prisoners, despite intensive efforts in recent months.

15. While the Hamas de facto authorities are reportedly exerting efforts to prevent the launching of rockets at Israel, 19 projectiles were fired from Gaza and 11 reached southern Israel during this reporting period, with no damages or injuries reported. Three barrels of explosives washed up on Israeli beaches between 1 and 3 February, with a further two detonating at sea. There was an IED attack on a convoy of ICRC vehicles on 4 February which damaged one vehicle, and two other IED attacks, reportedly by Salafist elements, killing one Hamas militant and injuring four others. One Palestinian was killed in an Israeli air strike, and 7 others were injured in IDF incursions and operations. We continue to condemn rocket fire and call for its cessation, and on all parties to maintain calm and strictly observe international humanitarian law.

16. We continue to receive reports of smuggling of weapons supplied from within the region. Egypt is maintaining its efforts as all states are called on to do in Security Council resolution 1860. Egypt is also seizing explosives and installing metal sheeting in areas along its border with Gaza. These efforts further underscore the vital importance of the opening of all legitimate crossings for imports and exports as envisaged in the 2005 Movement and Access Agreement and in resolution 1860.

17. The Israeli closure of Gaza remains in place. This counter-productive policy is empowering smugglers and militants, destroying legitimate commerce, and causing unacceptable hardship for the civilian population, more than half of whom are children.

18. During the reporting period, food and hygiene products comprised 84% of imports, and a weekly average of 561 trucks entered the Strip – slightly more than the previous reporting period, but far short of the weekly average of 2,087 trucks before the Hamas takeover in June 2007. Cooking gas supplies met only 48% of estimated weekly needs during the reporting period. We take positive note of the entry of a slightly wider range of materials, such as glass, electricity spare parts, and one elevator for a maternity hospital. The first phase of the Northern Gaza wastewater treatment plant project was completed in late January. We also note that the export of cut flowers and strawberries continued.

19. However, the scale and quantity of goods entering Gaza through the Israeli crossings, as well as the level of exports, remains far short of requirements. Sufficient materials to re-start civilian reconstruction are still not entering Gaza through the Israeli crossings. We again express our disappointment that there has been no satisfactory Israeli response to the UN’s proposal to complete stalled projects for housing, schools and health facilities. We also continue to be concerned about fuel shortages at the Gaza power plant as a result of funding shortfalls and technical failures, leading to rolling blackouts.

Mr. President,

20. Turning to the regional situation, we deplore the heightened and belligerent rhetoric during the reporting period and call for its cessation.

21. We continue to support all efforts to revive the Israeli-Syrian track and a broader resolution to the Arab-Israeli conflict as envisaged in Security Council resolutions and the Arab Peace Initiative. The situation in the occupied Syrian Golan remained calm despite continued settlement activity.

22. In Lebanon, on 14 February, a large rally took place in Beirut to commemorate the fifth anniversary of the assassination of former Prime Minister Rafiq Hariri and 22 others. On that occasion, leaders of the 14 March coalition commemorated Mr. Hariri’s contribution to Lebanon’s development and reaffirmed their determination to establish the truth behind his murder. Prime Minister Saad Hariri emphasized the importance of national unity and Lebanon’s role with regard to inter-Arab reconciliation. In a statement, the Secretary-General said that he stood with the people of Lebanon, and he reaffirmed the commitment of the United Nations to the efforts of the Special Tribunal for Lebanon.

23. On 15 February clashes between members of radical Islamist movements and members of Fatah broke out in the Palestinian refugee camp of Ain el Hilweh, near Saida. At least one person was killed as a result of the fighting before calm was restored to the camp. This incident disrupted an otherwise generally calm situation in the camps.

24. Even as progress is being made in the reconstruction of the Nahr el Bared refugee camp, funding remains a major concern. The United Nations urges the international community to renew its financial support to the reconstruction of Nahr el Bared so that progress can be sustained.

25. The situation in the area of operations of UNIFIL remains quiet. On 31 January 2009, the IDF apprehended a 17-year old Lebanese shepherd in the vicinity of Kafr Shouba, alleging he had crossed south of the Blue Line. On 1 February, the civilian was handed over to UNIFIL who, in turn, handed him to the Lebanese authorities. An investigation is ongoing into the incident.

26. Israeli overflights have continued on an almost daily basis, with a marked increase on several days in early February.

Mr. President,

27. We remain deeply concerned at the current stalemate. We call for the resumption of talks on final status issues, implementation of Roadmap commitments, continued efforts to improve economic and security conditions, and a different and more positive approach to Gaza. We remain committed to an end to the occupation that began in 1967 and an end to the conflict, through the creation of an independent Palestinian State living side-by-side with Israel in peace and security, and comprehensive regional peace, in accordance with Security Council resolutions, previous agreements, the Roadmap, and the Arab Peace Initiative.

Thank you Mr. President.

To View The Brief as PDF (32 KB)

UNITED NATIONS -- Following is the full text of UN Security Council Resolution 1701 on the Israel-Hezbollah war:
"The Security Council,

"PP1. Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978), 426 (1978), 520 (1982), 1559 (2004), 1655 (2006), 1680 (2006) and 1697 (2006), as well as the statements of its president on the situation in Lebanon, in particular the statements of 18 June, 2000, of 19 October, 2004, of 4 May 2005, of 23 January 2006 and of 30 July 2006;

"PP2. Expressing its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons;

"PP3. Emphasizing the need for an end of violence, but at the same time emphasizing the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers;

"PP4: Mindful of the sensitivity of the issue of prisoners and encouraging the efforts aimed at urgently settling the issue of the Lebanese prisoners detained in Israel;

"PP5. Welcoming the efforts of the Lebanese prime minister and the commitment of the government of Lebanon, in its seven-point plan, to extend its authority over its territory, through its own legitimate armed forces, such that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon, welcoming also its commitment to a UN force that is supplemented and enhanced in numbers, equipment, mandate and scope of operation, and bearing in mind its request in this plan for an immediate withdrawal of the Israeli forces from Southern Lebanon;

"PP6. Determined to act for this withdrawal to happen at the earliest;

"PP7. Taking due note of the proposals made in the seven-point plan regarding the Shebaa farms area;

"PP8. Welcoming the unanimous decision by the government of Lebanon on 7 August 2006 to deploy a Lebanese armed force of 15,000 troops in south Lebanon as the Israeli army withdraws behind the Blue Line and to request the assistance of additional forces from UNIFIL as needed, to facilitate the entry of the Lebanese armed forces into the region and to restate its intention to strengthen the Lebanese armed forces with material as needed to enable it to perform its duties;

"PP9. Aware of its responsibilities to help secure a permanent ceasefire and a long-term solution to the conflict;

"PP10. Determining that the situation in Lebanon constitutes a threat to international peace and security;

"OP1. Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations;

"OP2. Upon full cessation of hostilities, calls upon the government of Lebanon and UNIFIL as authorized by paragraph 11 to deploy their forces together throughout the South and calls upon the government of Israel, as that deployment begins, to withdraw all of its forces from southern Lebanon in parallel;

"OP3. Emphasizes the importance of the extension of the control of the government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty, so that there will be no weapons without the consent of the government of Lebanon and no authority other than that of the government of Lebanon;

"OP4. Reiterates its strong support for full respect for the Blue Line;

"OP5. Also reiterates its strong support, as recalled in all its previous relevant resolutions, for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949;

"OP6. Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the government of Lebanon, reopening airports and harbors, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;

"OP7. Affirms that all parties are responsible for ensuring that no action is taken contrary to paragraph 1 that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, including safe passage for humanitarian convoys, or the voluntary and safe return of displaced persons, and calls on all parties to comply with this responsibility and to cooperate with the Security Council;

"OP8. Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:

• full respect for the Blue Line by both parties;
• security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the government of Lebanon and of UNIFIL as authorized in paragraph 11, deployed in this area;
• full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;
• no foreign forces in Lebanon without the consent of its government;
• no sales or supply of arms and related materiel to Lebanon except as authorized by its government;
• provision to the United Nations of all remaining maps of land mines in Lebanon in Israel's possession;

"OP9. Invites the secretary general to support efforts to secure as soon as possible agreements in principle from the government of Lebanon and the government of Israel to the principles and elements for a long-term solution as set forth in paragraph 8, and expresses its intention to be actively involved;

"OP10. Requests the secretary general to develop, in liaison with relevant international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Shebaa farms area, and to present to the Security Council those proposals within 30 days;

"OP11. Decides, in order to supplement and enhance the force in numbers, equipment, mandate and scope of operations, to authorize an increase in the force strength of UNIFIL to a maximum of 15,000 troops, and that the force shall, in addition to carrying out its mandate under resolutions 425 and 426 (1978):

1. Monitor the cessation of hostilities;
2. Accompany and support the Lebanese armed forces as they deploy throughout the South, including along the Blue Line, as Israel withdraws its armed forces from Lebanon as provided in paragraph 2;
3. Coordinate its activities related to paragraph 11 (b) with the government of Lebanon and the Government of Israel;
4. Extend its assistance to help ensure humanitarian access to civilian populations and the voluntary and safe return of displaced persons;
5. Assist the Lebanese armed forces in taking steps towards the establishment of the area as referred to in paragraph 8;
6. Assist the government of Lebanon, at its request, to implement paragraph 14;

"OP12. Acting in support of a request from the government of Lebanon to deploy an international force to assist it to exercise its authority throughout the territory, authorizes UNIFIL to take all necessary action in areas of deployment of its forces and as it deems within its capabilities, to ensure that its area of operations is not utilized for hostile activities of any kind, to resist attempts by forceful means to prevent it from discharging its duties under the mandate of the Security Council, and to protect United Nations personnel, facilities, installations and equipment, ensure the security and freedom of movement of United Nations personnel, humanitarian workers, and, without prejudice to the responsibility of the government of Lebanon, to protect civilians under imminent threat of physical violence;

"OP13. Requests the secretary general urgently to put in place measures to ensure UNIFIL is able to carry out the functions envisaged in this resolution, urges member states to consider making appropriate contributions to UNIFIL and to respond positively to requests for assistance from the Force, and expresses its strong appreciation to those who have contributed to UNIFIL in the past;

"OP14. Calls upon the government of Lebanon to secure its borders and other entry points to prevent the entry in Lebanon without its consent of arms or related materiel and requests UNIFIL as authorized in paragraph 11 to assist the government of Lebanon at its request;

"OP15. Decides further that all states shall take the necessary measures to prevent, by their nationals or from their territories or using their flag vessels or aircraft;

1. the sale or supply to any entity or individual in Lebanon of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or not originating in their territories, and;
2. the provision to any entity or individual in Lebanon of any technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in subparagraph (a) above, except that these prohibitions shall not apply to arms, related material, training or assistance authorized by the government of Lebanon or by UNIFIL as authorized in paragraph 11;

"OP16. Decides to extend the mandate of UNIFIL until 31 August 2007, and expresses its intention to consider in a later resolution further enhancements to the mandate and other steps to contribute to the implementation of a permanent ceasefire and a long-term solution;

"OP17. Requests the secretary general to report to the Council within one week on the implementation of this resolution and subsequently on a regular basis;

"OP18. Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East, based on all its relevant resolutions including its resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973;

"OP19. Decides to remain actively seized of the matter.

The text of a UN Security Council draft resolution aimed at ending the conflict between Israel and Hezbollah in Lebanon.

Recalling all its previous resolutions on Lebanon, in particular resolutions 425 (1978), 426 (1978), 520 (1982), 1559 (2004), 1655 (2006) and 1680 (2006), as well as the statements of its President on the situation in Lebanon, in particular the statements of 18 June 2000 (S/PRST/2000/21), of 19

October 2004 (S/PRST/2004/36), of 4 May 2005 (S/PRST/2005/17) of 23 January 2006 (S/PRST/2006/3) and of 30 July 2006 (S/PRST/2006/35),

Expressing its utmost concern at the continuing escalation of hostilities in Lebanon and in Israel since Hezbollah's attack on Israel on 12 July 2006, which has already caused hundreds of deaths and injuries on both sides, extensive damage to civilian infrastructure and hundreds of thousands of internally displaced persons,

Emphasising the need for an end of violence, but at the same time emphasizing the need to address urgently the causes that have given rise to the current crisis, including by the unconditional release of the abducted Israeli soldiers,

Mindful of the sensitivity of the issue of prisoners and encouraging the efforts aimed at settling the issue of the Lebanese prisoners detained in Israel,

1. Calls for a full cessation of hostilities based upon, in particular, the immediate cessation by Hezbollah of all attacks and the immediate cessation by Israel of all offensive military operations;

2. Reiterates its strong support for full respect for the Blue Line;

3. Also reiterates its strong support for the territorial integrity, sovereignty and political independence of Lebanon within its internationally recognized borders, as contemplated by the Israeli-Lebanese General Armistice Agreement of 23 March 1949;

4. Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbours for verifiably and purely civilian purposes, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon;

5. Emphasizes the importance of the extension of the control of the Government of Lebanon over all Lebanese territory in accordance with the provisions of resolution 1559 (2004) and resolution 1680 (2006), and of the relevant provisions of the Taif Accords, for it to exercise its full sovereignty and authority;

6. Calls for Israel and Lebanon to support a permanent ceasefire and a long-term solution based on the following principles and elements:
   • strict respect by all parties for the sovereignty and territorial integrity of Israel and Lebanon;

   • full respect for the Blue Line by both parties;

   • delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including in the Chebaa farms area;

   • security arrangements to prevent the resumption of hostilities, including the establishment between the Blue Line and the Litani river of an area free of any armed personnel, assets and weapons other than those of the Lebanese armed and security forces and of UN mandated international forces deployed in this area;

   • full implementation of the relevant provisions of the Taif Accords and of resolutions 1559 (2004) and 1680 (2006) that require the disarmament of all armed groups in Lebanon, so that, pursuant to the Lebanese cabinet decision of July 27, 2006, there will be no weapons or authority in Lebanon other than that of the Lebanese state;

   • deployment of an international force in Lebanon, consistent with paragraph 10 below;

   • establishment of an international embargo on the sale or supply of arms and related material to Lebanon except as authorized by its government;

   • elimination of foreign forces in Lebanon without the consent of its government;

   • provision to the United Nations of remaining maps of land mines in Lebanon in Israel's possession;

7. Invites the Secretary General to support efforts to secure agreements in principle from the Government of Lebanon and the Government of Israel to the principles and elements for a long-term solution as set forth in paragraph 6 above;

8. Requests the Secretary General to develop, in liaison with key international actors and the concerned parties, proposals to implement the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006), including disarmament, and for delineation of the international borders of Lebanon, especially in those areas where the border is disputed or uncertain, including by dealing with the Chebaa farms, and to present those proposals to the Security Council within thirty days;

9. Calls on all parties to cooperate during this period with the Security Council and to refrain from any action contrary to paragraph 1 above that might adversely affect the search for a long-term solution, humanitarian access to civilian populations, or the safe return of displaced persons, and requests the Secretary General to keep the Council informed in this regard;

10. Expresses its intention, upon confirmation to the Security Council that the Government of Lebanon and the Government of Israel have agreed in principle to the principles and elements for a long-term solution as set forth in paragraph 6 above, and subject to their approval, to authorize in a further resolution under Chapter VII of the Charter the deployment of a UN mandated international force to support the Lebanese armed forces and government in providing a secure environment and contribute to the implementation of a permanent ceasefire and a long-term solution;

11. Requests UNIFIL, upon cessation of hostilities, to monitor its implementation and to extend its assistance to help ensure humanitarian access to civilian populations and the safe return of displaced persons;

12. Calls upon the Government of Lebanon to ensure arms or related materiel are not imported into Lebanon without its consent and requests UNIFIL, conditions permitting, to assist the Government of Lebanon at its request;

13. Requests the Secretary-General to report to the Council within one week on the implementation of this resolution and to provide any relevant information in light of the Councils intention to adopt, consistent with paragraph 10 above, a further resolution;

14. Decides to remain actively seized of the matter.

UNRWA Chief Says Israeli Military Operations, Curfews, Closures Largely to Blame; Financial Constraints, Emergency Budget Shortfall Continue

The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) faced enormous hurdles in the occupied Palestinian territory that had developed as a result of violence, curfews and closures, Peter Hansen, Commissioner-General of his agency, told the Fourth Committee (Special Political and Decolonization) this afternoon.

Introducing his report on the Agency’s activities during the period of July 2003 through 2004, he said the past year had unfortunately seen a dramatic increase in the scale of military operations in the Gaza Strip. The rate of house demolitions was unprecedented: an average of 45 people a day were made homeless. Incursions, house demolitions, air-strikes and extra-judicial killings had continued. In the last two weeks, an additional 41 people had been killed, 132 injured and 378 people had been rendered homeless. He said the UNRWA simply could not keep up.

He said the agency remained under considerable financial constraints. The Emergency Programme had received pledges for only 45 per cent of its budget. Two initiatives have been launched to increase voluntary contributions. One was giving a strong, new thrust to fundraising efforts in the Arab World. Another was the process of establishing two country support groups, one in Spain and one in the United States.

The future for UNRWA and for the Palestine refugees, particularly those in the Gaza Strip, was uncertain. He feared that the proposed disengagement by Israel from the Gaza Strip would not be accompanied by a radical easing of movement for both people and goods, would exacerbate economic stagnation, and that the donor community would continue to bear the burden of the humanitarian crisis. Operational and programme constraints were at an all-time high.

He spoke of a series of “unfortunate and unfair accusations” by the Israeli Defence Forces and Israeli Government officials, culminating in the demand that he withdraw from his post. “I do not wish to dwell on the details, but simply ask that we all move forward in a productive manner that benefits all people of the region.”

The Permanent Observer of Palestine, said that the plight of the Palestine refugees continued to be as critical an issue today as it had ever been, and the UNRWA’s assistance continued to be crucial in alleviating their suffering, as Israel continued to harm, dispossess and displace the refugees. The socio-economic conditions of the refugees remained difficult. Palestinian refugees continued to face serious challenges and threats to well-being, particularly as a result of ongoing military attacks and the continuing imposition of severe restrictions on movement. Such actions by the occupying Power were against international law.

The representative of Lebanon said the issue of Palestinian refugees was not only a humanitarian issue, but also a political and juridical one, linked to the occupation and to international peace and security. The refugee question was also linked to principles of international law, he said, in particular to principles of justice and equity.

Egypt’s representative said Israel’s disengagement from Gaza should be part of Israel’s implementation of the Road Map. It must, therefore, be a complete and comprehensive withdrawal, followed by similar withdrawals from the West Bank. Israel must also abide by the Advisory Opinion of the International Court of Justice concerning the construction of the separation wall.

The representative of Switzerland drew attention to a conference, jointly organized by the UNWRA and Switzerland, which had taken place in Geneva on 7 and 8 June. It had identified many areas in which a tripartite partnership between donors, host countries and UNRWA could speed up the Agency’s interventions, as well as the usefulness and effectiveness of its activities for the benefit of refugees. While Israel’s right to protect itself against terrorist attacks was not disputed, all measures must be in compliance with international humanitarian law.

The representatives of United Arab Emirates, Syria, Jordan and Tunisia also took the floor, as did the Permanent Observer of the Holy See and of the Organization of Islamic States. Hans Jacob Frydenlund (Norway), Rapporteur of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, introduced that body’s report.

The Fourth Committee will meet again at 2:30 p.m. on Tuesday, 2 November, to continue its consideration of the UNRWA.

Background

The Fourth Committee (Special Political and Decolonization) met this afternoon to consider the activities of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

Before the Committee was the report of the Commissioner-General of UNRWA (document A/59/13) for the period 1 July 2003 to 30 June 2004, which says that the reporting period was characterized by the continuation of strife in the occupied Palestinian territory. The number of suicide bombings inside Israel decreased significantly, while rocket and mortar attacks from the Gaza Strip continued. Military incursions into refugee camps in the Gaza Strip were particularly extensive, characterized by a further dramatic increase in shelter and home demolition. No less than 901 refugee shelters were destroyed and 1,410 damaged.

The severe economic depression of the Palestinian economy continued unabated, the report says. According to the World Bank, unemployment declined slightly, but remained at over 25 per cent. Real wages declined by a further 2.6 per cent, and Palestinian per capita income remained some 35 per cent lower than its pre-intifada level. As a result, over half the Palestinian population continued to live below the poverty line. Also according to the World Bank, physical damage from the conflict had reached $930 million by the end of 2002, including to UNRWA schools, training centres and health-care facilities.

During the reporting period, 34 UNRWA staff members were detained by the Israeli authorities, and the Agency was systematically refused access to staff in detention. The Ministry of Foreign Affairs has yet to follow up on any of the Agency’s requests for official information concerning the charges against them. The Agency notes with regret that the 12,000 local UNRWA staff in the occupied Palestinian territory are ironically the only United Nations staff members working in the area who do not receive hazard pay.

The report states that in the West Bank, military operations carried out by the Israeli forces, including curfews and closures and the creation of closed military zones, had an adverse impact on the Agency’s ability to carry out its humanitarian functions. In the Gaza Strip, external and internal closures led to severe interruptions in the delivery of UNRWA humanitarian supplies. Israeli authorities continued to hinder the movement of international staff into and out of the Gaza Strip.

During the reporting period, the Government of Israel initiated a plan to disengage from the Gaza Strip, the report says. The UNRWA hoped that the implementation of the plan could bring an end to the occupation in the Gaza Strip, a relaxation of the closure regime and unfettered access for Palestinian goods to the outside world. The Agency did not, however, exclude the possibility that the disengagement would maintain most restrictions on the freedom of movement of persons and goods. In such a situation, the Agency would be called upon to step up its efforts to ameliorate the suffering of the refugees and would require significant increases in extrabudgetary contributions. The plan remained unimplemented at the end of the reporting period.

The Government of Israel also proceeded with the construction of the “wall/fence” inside the West Bank, the report continues. The wall/fence has already led to the further impoverishment and isolation of refugees families living in its vicinity and has created new obstacles to the delivery of essential UNRWA services to them. The Israeli High Court has instructed the Israeli Government to make greater efforts to ameliorate its adverse impact, but UNRWA remains concerned that both the existing construction and its further extension will constitute a new and formidable obstacle to the delivery of the Agency’s services to the affected population.

During the reporting period, UNRWA continued to implement its regular programme, providing education, health, social services and microcredit assistance to Palestine refugees in its five fields of operation –- the West Bank, the Gaza Strip, Syria, Lebanon and Jordan. It also pursued vigorously its processes of internal management reform, with a view to enhancing its overall efficiency and effectiveness. It also undertook the preparation of a new medium-term plan and organized its first major conference to stimulate partnerships and strengthen its relations with its stakeholders.

The report states that appeals for assistance from the international community to fund the Agency’s emergency programmes in the occupied Palestinian territory were launched for the second half of 2003 ($103 million) and for 2004 ($194 million). The response to those appeals has gradually decreased as the crisis entered its fourth year. In 2003, contributions covered 47 per cent of the needs, while the proportion for 2004 stood at 32 per cent as of 30 June. Continued support of the UNRWA Emergency Appeal is crucial to the survival of the Palestine refugees, and the Agency is concerned that donors are increasingly reluctant to fund construction of new homes for refugees whose shelters have been destroyed by the Israeli Defence Forces, as such contributions could be seen as making them complicit in the violations of international humanitarian law committed by the occupying Power. The UNRWA expressed the view that, while it agrees that the wide-scale destruction could well be considered contrary to international humanitarian law, it would be particularly ironic if this position of principle were applied to the sole detriment of the refugees and other civilian victims.

The report then describes in detail its activities regarding education, health and relief and social services in its five fields of operation, as well as financial and legal matters.

Also before the Committee was the report of the Secretary-General on persons displaced as a result of the June 1967 and subsequent hostilities (document A/59/151), which refers to correspondence between the Secretary-General and the Permanent Representative of Israel regarding actions taken by the Government of Israel in implementing resolution 57/119, which reaffirmed the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes, and endorsed the efforts of the Commissioner-General of UNRWA to provide humanitarian assistance, on an emergency basis and as a temporary measure, to such persons.

The report presents the information made available by the Commissioner-General to the Secretary-General on the return of refugees registered with the Agency to the West Bank and the Gaza Strip from places outside the occupied Palestinian territory. The Agency is not involved in any arrangements for the return of refugees, nor is it involved in any arrangements for the return of displaced persons who are not registered as refugees. The UNRWA knows of 550 refugees who have returned to the West Bank and Gaza from places outside occupied Palestinian territory between 1 July 2003 and 30 June 2004. However, some of these may not themselves have been displaced in 1967, but may be members of the family of a displaced registered refugee. In that context, the number of displaced registered refugees who are known by the Agency to have returned to the occupied territories is about 24,600 since June 1967.

The Committee also had before it the report of the United Nations Conciliation Commission for Palestine, in which the Commission notes that it has nothing new to report since the submission of its report of 31 August 2003 (document A/59/260, annex).

Also before the Committee was the report of the Secretary-General on Palestine refugees’ properties and their revenues (document A/59/279), which states that on 12 April 2004 the Secretary–General sent notes verbales to Israel and all other Member States, drawing attention to the relevant provisions of General Assembly resolutions 58/91 to 58/95, in particular paragraph 4 of resolution 58/94, and requesting information by 31 May 2004 concerning any action taken or envisaged in relation to their implementation.

A reply from Israel dated 12 July 2004 stated that in light of that State’s desire to end all acts of violence and terrorism in the region, improve the humanitarian situation and achieve a negotiated settlement in the context of the Road Map, Israel regretted that the resolutions concerning UNRWA’s efforts continued to be rife with irrelevant politicized rhetoric that detracted from its important humanitarian mandate. Further, Israel was also concerned that UNRWA had failed to address the problems caused to the fulfilment of its mandate by the extensive terrorist infrastructure that had taken root in Palestinian “refugee camps” and drew the Agency’s attention to their misuse by armed elements.

Finally, the Committee had before it the report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (document A/59/442), which describes that body’s activities during 2004 and provides a detailed outline of the current financial situation of UNRWA.

Introduction of Reports

PETER HANSEN, Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), introduced the Agency’s report (document A/59/13) and gave an overview of the Agency’s activities. He said the largest by far was the education programme. Serving almost 500,000 pupils at the preparatory level in 658 schools, it employed 73 per cent of the total Agency staff and accounted for 60 per cent of its expenditure. The quality of education was deteriorating because the Agency was unable to provide adequate classroom space; average class size was now 41 students, and many schools operated on a double-shift system. The Agency had completed construction of nine new schools and another seven not yet complete. The modernization of the host country curricula had also been a burden.

He said spending on health had been less than $15 per refugee per year, but the Palestine refugee population had been provided with comprehensive primary health-care services. UNRWA doctors saw 100 patients a day on average. Because of demographic developments -– 40 per cent of the population was below 18 years, and 24 per cent were women of reproductive age -– there had been an increase in demand on services. As a result of the humanitarian crisis in the occupied territories, there had been an increased incidence of malnutrition and anaemia, as well as psychological concern, particularly for children. Ninety per cent of parents had reported that their children exhibited traumatic stress-related symptoms.

Food and cash support for more than 61,000 of the most destitute refugee families accounted for 84 per cent of the Relief and Social Services Department’s resources -- 10 per cent of the Agency’s budget. Shelter repair and reconstruction was entirely dependent upon extrabudgetary contributions. During the reporting period, only 1.2 per cent of the needed repairs had been completed.

He said a shining light in programme activities was the self-financing microcredit programme. It was now the largest source of credit in the West Bank, the Gaza Strip and was expanding in Jordan and Syria. Of the $12 million disbursed, 31 per cent of the almost 16,000 loans were to women. Women participating in the solidarity-group lending product in Gaza had a 93 per cent rate of repayment.

He said UNRWA faced enormous hurdles in the occupied Palestinian territory, as a result of violence, curfews and closures. In 2000, the Agency had launched its Emergency Programme. During the past year, the Agency had provided food aid to more than 1.3 million refugees and the emergency job-creation programme had generated more than 1,823,000 work days. It had provided temporary accommodation and emergency assistance and had launched several rehousing projects. The Israeli wall/fence was having severe detrimental effects on the Palestinian population and UNRWA operations. The Agency was undertaking a series of surveys to determine how the barrier was affecting refugees. The number of mobile clinics had been increased to provide health care to more than 91,000 patients who could not reach facilities due to movement restrictions in the West Bank.

The past year had unfortunately seen a dramatic increase in the scale of military operations in the Gaza Strip, he continued. The rate of house demolitions was unprecedented: an average of 45 people a day were made homeless. The rate of fatalities in Gaza was even more astounding: Israeli forces killed an average of 60 per month in Gaza. Describing the largest incursion, he said that during the “Days of Penitence” operation between 28 September and 15 October, 107 people were killed and nearly 200 homes were destroyed. The incursion followed rocket attacks from the Gaza Strip which killed a number of Israeli civilians, three of whom were children. He doubted anyone would deny that such indiscriminate and disproportionate destruction and disregard for life constituted grave violations of humanitarian law.

He said incursions, house demolitions, air strikes and extrajudicial killings had continued. In the last two weeks, an additional 41 people had been killed, 132 injured and 378 people had been rendered homeless. It was ironic that those lives and communities had to be rebuilt and that the international community would bear the material costs. The UNRWA simply could not keep up. The Government of Israel did not respond to claims.

The UNRWA remained under considerable financial constraint. The Emergency Programme had received pledges for only 45 per cent of its budget. The Agency had launched two initiatives to increase voluntary contributions. One was giving a strong, new thrust to fund-raising efforts in the Arab world. Another was the process of establishing two country-support groups, one in Spain and one in the United States. On 7 and 8 June, a large international conference had been held in Geneva to strengthen the Agency’s partnership with stakeholders. Rather than a one-time event, the Geneva conference represented the beginning of a dynamic process that could only lead to improvements in UNWRA’s effectiveness.

Giving examples of how the Agency continued to face severe operational obstacles in carrying out its humanitarian mandate in the occupied territories, he said the future for UNRWA and for the Palestine refugees, particularly those in the Gaza Strip, was uncertain. He feared that the proposed disengagement by Israel from the Gaza Strip would not be accompanied by a radical easing of movement for both people and goods, would exacerbate economic stagnation, and that the donor community would continue to bear the burden of the humanitarian crisis. Operational and programme constraints were at an all-time high.

On top of that, he said, UNRWA had been coping with a series of unfortunate and unfair accusations by the Israel Defence Forces and Israeli Government officials, culminating in the demand that he should withdraw from his post. “I do not wish to dwell on the details, but simply ask that we all move forward in a productive manner that benefits all people of the region”, he said. “I hope that any further concerns the Government of Israel may have will be dealt with between us, rather than through campaigns in the press.” The tasks were enormous and energies needed to be devoted to overcoming difficulties, not creating them.

HANS JACOB FRYDENLUND (Norway), Rapporteur of the Working Group on the Financing of UNRWA, introduced that body’s report as contained in document A/59/442. He called for the early and complete fulfilment of pledges and other commitments to UNWRA in order to address all aspects of the Agency’s financial needs, in particular the reimbursement of value-added tax and port charges by the Palestinian Authority and the Israeli Government. The Working Group expressed alarm at the continuing negative effect of successive austerity measures adopted in previous years. The Group was also concerned that the discontinuation of former regular budget allocations such as university scholarships and rehabilitation of shelters had reduced the Agency’s activities in those areas.

He said the Working Group appealed to the international community to do its utmost to meet the emergency appeal’s requirement of $209 million for 2004 as soon as possible. Since 30 September, merely $89 million had been pledged. The problems faced by the refugees today were humanitarian problems that must be addressed as a shared international responsibility. The services provided by UNRWA must be viewed as the minimum required to enable the refugees to lead productive lives. He, therefore, strongly urged all governments to start, or to continue, making contributions to UNRWA, and to consider making special contributions sufficient to cover the deficit and build up working capital.

Statements

FEDA ABDELHADY NASSER, of the Permanent Observer Mission of Palestine, said the plight of the Palestine refugees continued to be as critical an issue today as it had ever been, and UNRWA’s assistance continued to be crucial in alleviating their suffering. As Israel continued to harm, dispossess and displace the refugees, UNRWA’s emergency medical, housing and food assistance had been vital for their basic survival.

She reaffirmed the right of Palestine refugees to return, which was a universal right that could not be altered by time. She said that Israel should also recognize Palestinian ownership of land; restitution or fair compensation for that land must be part of any final settlement of the refugee problem. She reiterated that the Israeli-American exchange of letters of 14 April this year, which aimed at circumventing international law and unilaterally deciding the future of the refugees, could not alter the objectives of the peace process or the inalienable rights of the Palestinian people.

Commending the Commissioner-General’s report, she described UNRWA’s extensive assistance to the refugees, saying that, despite such aid, the socio-economic conditions of the refugees remained difficult; they continued to face serious challenges and threats to their well-being, particularly as a result of ongoing military attacks and the continuing imposition of severe restrictions on movement. She described practices that she said were unlawful, that had directly affected the work of UNRWA, and that had killed and wounded hundreds of people, including women, children and UNRWA staff.

She said that all such actions by the occupying Power against UNRWA and the refugees were against international law, and that Israel’s attacks against the Agency’s reputation had been replete with fabrications aimed at undermining UNRWA. She reaffirmed that UNRWA was entitled -– under law -– to carry out its mandate free from harassment, intimidation, obstruction and destruction. She said that Israel should immediately lift all restrictions on the movement of the Agency’s staff and supplies, ensure their safety, and compensate the Agency for any damage caused to its property.

She expressed appreciation to countries that had hosted Palestinian refugees and encouraged their continued cooperation with UNRWA. She expressed appreciation for the international community’s financial support to the Agency, and urged an increase in such support pending a just and lasting resolution of the refugee problem.

IBRAHIM ASSAF (Lebanon) said the issue of Palestinian refugees was not only a humanitarian issues but also a political and juridical one, linked to the occupation and to international peace and security. The refugee question was also linked to principles of international law, in particular principles of justice and equity. Today, there were 4 million refugees, a third of them living in camps that depended on UNRWA. In contrast, there were 400,000 Israeli settlers living in the occupied territories. Where was the justice in that? he asked.

He said that to Lebanon the question of Palestinian refugees in his country was one of prime importance. His country attached great importance to the principle of the return of refugees to their homes, because the refugees themselves refused to remain in Lebanon indefinitely. Also, if Palestinian refugees were to remain in Lebanon indefinitely, the cost would be too heavy a burden for the State and the make-up of the population would be changed. He stressed that UNRWA’s work remained a temporary activity. Only through Israeli withdrawal from the occupied territories and return of refugees could peace be guaranteed.

ABDULLA MOHAMMED ABOOD AL NAQBI (United Arab Emirates), thanking the Commissioner-General for his efforts, expressed serious concern regarding the deteriorated humanitarian and social conditions of the Palestinian refugees, especially those living in the occupied territories who, he said, were subject to aggressive and hostile Israeli policies. He reiterated that a just and comprehensive outcome of the Palestinian cause must be based on unconditional repatriation of the refugees to their homeland, along with compensation for their losses. He reaffirmed the responsibility of the international community in bringing about that outcome.

He condemned Israeli actions that he said were in violation of international law, calling for the Security Council to adopt measures that could stop Israeli attacks against Palestinian refugee camps and ensure the security of UNRWA staff. Conditions for UNRWA local staff must also be improved, and their wages increased, including hazard pay. Noting the decline in the Agency’s financial resources, he said his country would continue to provide support, and he urged donors to double their contributions in order to meet the urgent needs of the Palestinian refugees.

FAYSSAL MEKDAD (Syria), also expressing appreciation to Mr. Hansen, the rest of the UNRWA staff and donors, said there was still no glimmer of hope for the Palestinian refugees. Israel was, in fact, escalating its brutal campaign against civilians and increasing the suffering of those refugees. It had also attacked the facilities and staff of UNRWA, among many brutal policies described in the UNRWA report.

Syria supported the refugees within its border and cooperated with UNRWA to provide them with services. The responsibility for the refugee problem was an international one; UNRWA’s base of contributors should be expanded. The UNRWA should work to improve the condition of the refugees in a way that did not diminish their rights to return. In addition, the refugees and host countries should not be forced to face negative consequences due to the budgetary shortfalls. Considering the difficulties they faced, he also hoped that UNRWA local staff would be treated equitably. In conclusion, he said that the international community should pressure Israel to return to the path of peace to bring about a just solution to the refugee problem.

HARON HASSAN (Jordan) said his country had hosted Palestinian refugees since 1948 and, as a result of the deteriorating services of UNRWA, because of its financial crisis, provided services to them. The issue of Palestinian refugees must be dealt with as a whole, without discrimination between Palestinian refugees related to the country where they lived or on their living conditions. The UNRWA must continue its work until a just and final settlement of the refugee problem had been implemented. In that regard, he hoped the UNRWA mandate would be extended and that the necessary resources for the Agency’s mid-term plan could be provided.

He said Israel continued its aggression against the Palestinian people, violating international law and the Fourth Geneva Convention, in all occupied territories. Israeli practices were solely aimed at destroying Palestinian society and avoiding the principle of a Palestinian State. The Israeli Government must fully cease all operations of violence, including destroying the Palestinian infrastructure and houses, and stop extrajudicial killings and collective punishments. The Road Map must be respected and implemented by the two parties. Furthermore, Israel must facilitate the work of UNRWA staff in the Palestinian territories.

AHMED ABU ZEID (Egypt) said the refugee problem could not be addressed without evaluating the conditions in the Middle East, particularly the deteriorating conditions in the territories over the last four years. Regrettably, the suffering of the Palestinian people was growing -- especially for women, children and elderly -- with the growing intensity of the Israeli military operations, including closings, curfews and establishment of military zones. Those actions worsened the situation of the Palestinian inhabitants every day and prevented UNRWA from fulfilling its noble tasks.

He said any Israeli disengagement from Gaza should be part of Israel’s implementation of the Road Map. It must, therefore, be a complete and comprehensive withdrawal, followed by similar withdrawals from the West Bank. Israel must also abide by the advisory opinion of the International Court of Justice concerning the construction of the separation wall. The declining resources available to the Agency were a matter of grave concern. He urged the international community to shoulder its responsibilities towards the deteriorating conditions in the occupied territories and the refugee camps in other countries. Continued violence hampered the efforts of international and regional parties to overcome the current impasse in the peace process and to alleviate the suffering of the Palestinian people.

KAIS KABTANI (Tunisia) expressed appreciation to Mr. Hansen and UNRWA, as well as donor and host countries, for their efforts on behalf of Palestinian refugees. He said UNRWA must be adequately supported until a just and lasting solution to the Palestinian question had been found. Israel’s policies had created a humanitarian catastrophe and were making UNRWA’s work increasingly difficult. He denounced those policies and called for all restrictions on UNRWA staff to be lifted.

Any just and lasting peace must take into account all the rights of the Palestinian refugees, he said, including their right of return and their right to their property. Only then would such a peace be able to become the basis of security and stability in the region.

ANDREA SEMADENI (Switzerland) said UNRWA was working in an extremely difficult political context. The economic, social and humanitarian situation, after four years of armed confrontations, was a matter of great concern. The situation was the result of numerous factors, among which violations of international humanitarian law must be mentioned. The crisis was caused by the many obstacles to the freedom of movement, curfews, demolition of houses and infrastructure and by military incursions and operations in connection with extrajudicial executions by the Israeli army. Israel’s right to protect against terrorist attacks, which nothing could justify, was not disputed. Nevertheless, all measures that were taken must be in compliance with international humanitarian law.

He said UNRWA was confronted with many operational challenges. Access was often made difficult or denied. UNRWA installations should be treated as protected locations. He urged the Israeli and Palestinian authorities to respect the Fourth Geneva convention. The occupying Power must guarantee that humanitarian organizations, including UNRWA, could visit the populations of the Palestinian occupied territory safely and without restrictions. The UNRWA must also be given the necessary resources to fulfil its mandate. The Geneva Conference, jointly organized by UNRWA and Switzerland, had identified many areas in which a tripartite partnership between donors, host countries and UNWRA could speed up the Agency’s interventions, as well as the usefulness and effectiveness of its activities for the benefit of refugees.

CESTINO MIGLIORE, Permanent Observer for the Holy See, expressed appreciation for the work of UNRWA. He said the content of the Agency’s report was all too familiar: the delivery of human services amid an unending cycle of violence and terrorism, military action and reaction, all of which represented an unending series of retaliations. The services supplied by UNRWA, the Pontifical Mission for Palestine and many other agencies should normally be the responsibility of local authorities. But pending the return of the parties to the negotiating table, such aid must continue.

He said he was keenly aware of UNRWA’s difficulties in delivering meaningful services to the refugees so adversely affected by the current “undeclared war”. He said that any solution to the overall problem should include guarantees of religious freedom and unhindered access to the holy places in Jerusalem, with the acknowledgement that the city was the common patrimony of the believing world. The family of nations must, he said, challenge all the parties to renew their efforts to bring peace to the region. Only a negotiated, just and lasting peace would fulfil the aspirations of all the peoples of the land. He called for the parties to move courageously to new attitudes of just compromise.

YUSSEF KANAAN, of the Office of the Permanent Observer for the Organization of the Islamic Conference, expressed his gratitude to the Commissioner-General for his work and described a deterioration of conditions for the Palestinian people caused by Israeli actions, including the deaths of children, the destruction of shelter, and the effects of the separation wall. He commended UNRWA for its Jenin Rehabilitation Project and its agreement to cooperate with other organizations to replace homes destroyed in the Gaza Strip.

He said that, considering the adversities described in the UNRWA report and the indispensable role played by the Agency, he unhesitatingly called upon the international community to continue the support of UNRWA’s work by contributing generously to its budget and emergency relief programmes. In that regard, he expressed hope that commitments made in Geneva would be materialize soon and that the fundraising post established in Abu Dhabi would have the desired results among donors in the Arab world. He also welcomed the creation of a $25 million fund aimed at providing direct assistance to people in Gaza following Israeli incursions there. In closing, he reiterated the continuing responsibility of UNRWA towards Palestinians pending the establishment of their State, calling also for Israel to be compelled to return to the negotiating table towards that end.

Background

The General Assembly met today to consider the Report of the International Court of Justice (ICJ) (document A/59/4), which states that, as of 31 July this year, 191 States were now parties to the Statute of the Court, while 65 of them had deposited with the Secretary-General a declaration of acceptance of the Court's compulsory jurisdiction in accordance with its Statute. Further, some 300 bilateral or multilateral treaties provide for the Court to have jurisdiction in the resolution of disputes arising out of their application or interpretation.

The Court was also asked by the General Assembly to render an advisory opinion on the question of the legal consequences of the construction of the wall in the occupied Palestinian territory. On 9 July this year, the ICJ rendered its advisory opinion, in which it first addressed the question of its jurisdiction to give the requested opinion and of the judicial propriety of exercising that jurisdiction. The Court unanimously found that it had jurisdiction to give the said opinion and decided by a vote of 14 to 1 to comply with the request. Then, before addressing the legal consequences of the construction of the wall, the Court considered the question of the legality of the construction of the wall. It found by a vote of 14 to 1 that "The Construction of the wall being built by Israel, the occupying Power, in the occupied Palestinian territory including in and around East Jerusalem, and its associated régime, are contrary to international law."

Regarding the legal consequences of the violations found, the Court distinguished between the consequences for Israel, those for other States, and, where appropriate, for the United Nations. On the consequences for Israel, the ICJ, by 14 votes to 1, found that "Israel is under an obligation to terminate its breaches of international law; it is under an obligation to cease forthwith the works of construction of the wall being built on the occupied Palestinian territory including in and around East Jerusalem, to dismantle forthwith the structure therein situated, and to repeal or render ineffective forthwith all legislative and regulatory acts relating thereto …". The Court also said that Israel is under an obligation to make reparation for all damage caused by the construction of the wall.

The Court found by 14 votes to 1 that the United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall and its associated régime, taking due account of the present advisory opinion. 

International Court of Justice

SHI JIUYONG, President of the International Court of Justice

He said the Court's budget for the 2004-2005 biennium had been agreed in advance with the Assembly's urgent request for an advisory opinion on the legal consequences of the construction of a wall in the occupied Palestinian territory. Both the public hearings and the delivery of that opinion attracted unprecedented world attention. Meeting the demands of the media and providing adequate security placed a great burden on the Court's resources. He sincerely hoped that the allocation of such funds would be authorized as soon as possible so that the ICJ had the financial support to perform its role in the year ahead.

RASTAM MOHD ISA (Malaysia)  

He went on to say that the Court's advisory opinion, which ruled that the construction of the wall by Israel was contrary to international law and that Israel was obligated to terminate its breaches of international law, was a significant milestone in the long-running effort to bring to an end the sufferings and humanitarian consequences faced by the people in the occupied Palestinian territory and to ensure a just and lasting solution to the question of Palestine. Malaysia was pleased to have participated through both written and oral submissions in the Open Hearing at the Court in February 2004. The process of seeking and rendering the advisory opinion was a clear manifestation of the healthy relationship between the Assembly and the Court, as envisaged under the Charter. He also welcomed the Court's distribution of press releases, background notes and its handbook to keep the public informed of its work.

FAYSSAL MEKDAD (Syria)

joined those that had conveyed condolences to the United Arab Emirates on the loss of its distinguished and visionary leader. He said his country was anxious to see that international law was respected, and that the Court was the appropriate venue for ensuring justice and settling disputes between peoples and nations. The Middle East region had been particularly affected by disputes and tensions that had turned into open conflicts, he said, highlighting a number of cases that had been decided by the Court, but focusing on the recent advisory opinion condemning Israel's building of a wall in Gaza and the West Bank.

He was convinced that the international community should work to ensure that the Court's opinions and decision were respected. That was crucial in order to ensure the self-determination of the Palestinian people and the establishment of a Palestinian State, particularly since Israel had decided to disregard the ICJ's advisory opinion. Finally, he called for proper and steady funding to ensure that the Court could carry out its mandate unimpeded.

AMINU BASHIR WALI (Nigeria)

He also commended the measures aimed at rationalizing the Court's work, adopted this past July, particularly its decision to increase the number of cases it could review by shortening the period between the closure of written proceedings and the opening of oral arguments. Nigeria believed that adequate funding of the Court would enable the body to keep pace with advances in information and communication technologies (ICT), which could better help it carry out its duties. To that end, the Court's pending request to expand its Computerization Division from one to two professional officers should be given favourable consideration, along with the extrabudgetary expenditures that had arisen as a result of security safeguards put in place while it had been adjudicating the case concerning Israel's construction of a wall in the occupied Palestinian territory. In addition, Nigeria noted with appreciation the contributions made to the Trust Fund during the past year by Finland, Norway and Mexico.

The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on violations of international humanitarian law and human rights in the Palestinian territories occupied since 1967, submitted by John Dugard, Special Rapporteur, pursuant to Commission on Human Rights resolutions 1993/2, section A, and 2004/10.

To View the Report (166 KB)

NEW YORK, 8 September (UN Department of Political Affairs) -- The Committee on the Exercise of the Inalienable Rights of the Palestinian People will convene the United Nations International Conference of Civil Society in Support of the Palestinian People at United Nations Headquarters in New York on 13 and 14 September. The holding of the Conference is mandated by General Assembly resolutions 58/18 and 58/19 of 3 December 2003.

The Conference will draw on the positive results of the 2002 and 2003 International Conferences of Civil Society. Its theme is “Ending the occupation -- A key prerequisite for achieving peace in the Middle East”. The aim of the Conference is to provide civil society organizations from all regions of the world with an opportunity to discuss the situation in the occupied Palestinian territory, including East Jerusalem, coordinate their activities and develop action-oriented proposals in support of the Palestinian people. Invited speakers will make presentations on various aspects of the role of civil society on the question of Palestine. During discussion periods in each plenary session, and in workshops, non-governmental organization representatives and other participants will have an opportunity to discuss issues of particular interest to civil society organizations. It is envisaged that participants at the close of the Conference will adopt a plan of action. The working languages of the Conference will be Arabic, English, French and Spanish.

The Opening Session will take place on Monday, 13 September, at 10 a.m. in Conference Room 4. Kieran Prendergast, Under-Secretary-General for Political Affairs, will read a message by Secretary-General Kofi Annan. Statements will also be made by Paul Badji, Chairman of the Committee; Nasser Al-Kidwa, Permanent Observer of Palestine to the United Nations; and Phyllis Bennis, Co-Chair, International Coordinating Network for Palestine.

Plenary I will start at 11 a.m. in the same conference room and will discuss “The current situation: Facts on the ground”. Presentations will be made by Gabi Baramki, President, Palestinian Council for Justice and Peace; Rachel Greenspahn, Director for Development and International Outreach, B’Tselem; Jad Isaac, Director General, Applied Research Institute, Jerusalem; Gideon Levy, Columnist, Ha’aretz; Adah Kay, Professor at City University and Co-Author, “Stolen Youth: Israel’s Detention of Palestinian Children”; and Praful Bidwai, Journalist. The session will be followed, at 1.30 p.m., by the screening of documentary films on the question of Palestine, also in Conference Room 4.

Plenary II, entitled “Occupation and international law”, will start at 3.00 p.m. Presentations will be made by Anis F. Kassim, Lawyer of the Palestinian Defence Team to the International Court of Justice; Michael Sfard, Lawyer, representative of HaMoked: Centre for the Defence of the Individual; Susan Akram, Clinical associate professor, Boston University School of Law; Iain Scobbie, Professor of International Law, School of Oriental and African Studies, London; and Victor de Currea-Lugo, expert in international law.

Plenary III will start on Tuesday morning, 14 September 2004, at 10 a.m., in Conference Room 4. Presentations under the theme “The role of civil society: From alleviating human suffering to advocating the end of occupation” will be made by Adam Keller, Spokesperson, Gush Shalom; Raymond Deane, Chairman, Ireland/Palestine Solidarity Committee; Corinne Whitlatch, Executive Director, Churches for Middle East Peace; Max Ozinsky, Chairperson, Not in My Name; Na’eem Jeenah, Spokesperson, Palestine Solidarity Committee; Dennis Brutus, Professor (em.), African Studies, University of Pittsburgh; and Marcia Freedman, Former Member of Knesset and President, Jewish Alliance for Justice and Peace. The session will be followed at 1 p.m. by the presentation of the final document prepared by the Steering Committee.

Workshops devoted to such themes as “How to work with the media”; “Inter-religious mobilization”; “Working with the Advisory Opinion of the International Court of Justice”; “International Protection: What does it mean and strategies to get there?” and “The question of Palestine within the global peace movement” will be held from 3 p.m. to 6 p.m. in Conference Rooms B, 8, 6, C and 5, respectively. The resource persons will include Ahmed Bouzid, Chairman, Palestine Media Watch; Joseph Cornelius Donnelly, Board Member, Israel Palestine NGO Working Group; Zaha Hassan, Co-Chairperson, U.S. Campaign to End the Israeli Occupation; Jeff Handmaker, Researcher at the Netherlands Institute of Human Rights, University of Utrecht; Bahia Amra, Fellow, Health, Development, Information and Policy Institute; Chris Doyle, Director, Council for the Advancement of Arab-British Understanding; and Hani Khalil, Chairman, Palestine Working Group, United for Peace and Justice.

Invitations to participate in the Conference have been sent to civil society organizations on the mailing list of the Division for Palestinian Rights. Governments, intergovernmental organizations and United Nations agencies have been invited to attend as observers. All the plenary sessions of the Conference will be webcast live at http://www.un.org/webcast. The plenary webcasts will be archived for continuous access through the Internet. The report of the Conference will be issued as a publication of the Division in due course.