Question of violations of human rights in occupied Palestine.

1990/2. Question of violations of human rights in occupied Palestine

A

The Commission on Human Rights, Guided by the purposes and principles of the Charter of the United Nations as well as the provisions of the Universal Declaration of Human Rights, Guided also by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, Taking into consideration the provisions of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the Hague Convention IV of 1907, as well as the principles of international law affirmed by the General Assembly in its resolutions 3 (I) of 13 February 1946, 95 (I) of 11 December 1946, 260 A (III) of 9 December 1948 and 2391 (XXIII) of 26 November 1968, Recalling the relevant Security Council resolutions, including resolutions 605 (1987) of 22 December 1987, 607 (1988) of 5 January 1988 and 608 (1988) of 14 January 1988, Recalling further General Assembly resolutions on Israeli violations of human rights in occupied Palestine, Taking note of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories (A/44/599), Recalling all its previous resolutions on the subject,

1. Condemns the policies and practices of Israel, the occupying Power, which violate the human rights of the Palestinian people in the occupied Palestinian territory, including Jerusalem, and, in particular, such acts as the opening of fire by the Israeli army and settlers that result in the killing and wounding of defenceless Palestinian civilians, the imposition of restrictive economic measures, the demolition of houses, the ransacking of real or personal property belonging individually or collectively to private persons, collective punishment and detention, and the confiscation of the property of the inhabitants, including their bank accounts, as happened recently in the village of Beit Sahour;

2. Affirms the right of the Palestinian people to resist the Israeli occupation by all means, in accordance with the relevant United Nations resolutions, consistent with the purposes and principles of the Charter of the United Nations;

3. Calls once more upon Israel to desist from all forms of violations of human rights in the Palestinian and other occupied Arab territories and to respect the principles of international law;

4. Calls upon Israel to withdraw from the Palestinian and other occupied Arab territories in accordance with the relevant resolutions of the United Nations and the Commission on Human Rights;

5. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations bodies, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations, to disseminate it on the widest possible scale, and to report on its implementation to the Commission on Human Rights at its forty-seventh session;

6. Further requests the Secretary-General to provide the Commission with all United Nations reports issued between sessions of the Commission that deal with the conditions in which the population of the Palestinian and other occupied Arab territories is living;

7. Decides to consider the question at its forty-seventh session as a matter of high priority.

28th meeting
16 February 1990
[Adopted by 38 votes to 1,
with 1 abstention. See chap. IV.]

B

The Commission on Human Rights, Recalling Security Council resolutions 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 497 (1981) of 17 December 1981, 592 (1986) of 8 December 1986 and 605 (1987) of 22 December 1987, as well as all its previous resolutions on the application of the Geneva Conventions of 12 August 1949 to the Palestinian and other Arab territories occupied by Israel and the refusal of Israel to abide by those Conventions, Recalling all relevant General Assembly resolutions, Recalling the decisions of the International Conference of the Red Cross in respect of the application of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, Recalling its previous resolutions on this question, Taking into account that States parties to the Fourth Geneva Convention undertake, in accordance with article 1 thereof, to respect, and ensure respect for, the Convention in all circumstances, Recalling the wide international support to the accession of Palestine to the Geneva Conventions of 1949, as expressed in resolution 1989/4 of 31 August 1989 adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its forty-first session, as well as in the resolution adopted by the ninth Conference of Heads of State or Government of the Non-Aligned Countries, held at Belgrade from 4 to 7 September 1989 (see A/44/551, annex), which both welcomed the accession of Palestine to the four Geneva Conventions of 1949,

1. Reaffirms that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War is applicable to all Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;

2. Welcomes with high appreciation the accession of Palestine to the four Geneva Conventions of 1949;

3. Urges once more all States parties to the Fourth Geneva Convention to make every effort to ensure respect for, and compliance with, the provisions of that Convention in all the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem;

4. Strongly condemns once more Israel's refusal to apply the Fourth Geneva Convention to Palestine and the Arab territories occupied since 1967 and to their inhabitants, and Israel's policies of ill-treatment and torture of Palestinian detainees and prisoners in Israeli prisons and concentration camps, and its disregard for the provisions of the Fourth Geneva Convention;

5. Strongly condemns Israel for its violations of article 49 of the Fourth Geneva Convention by pursuing a policy of deportation and expulsion of Palestinian citizens, and calls upon Israel to comply with the resolutions of the Security Council, the General Assembly and the Commission on Human Rights which provide for their return to their homeland, and to desist forthwith from this policy;

6. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, the regional intergovernmental organizations, the international humanitarian organizations and non-governmental organizations, and to submit a report on progress in its implementation to the Commission on Human Rights at its forty-seventh session;

7. Decides to consider the question at its forty-seventh session as a matter of high priority.

28th meeting
16 February 1990
[Adopted by a roll-call vote of 32 to 1,
with 10 abstentions. See chap. IV.]