Situation in occupied Palestine.

1992/4.
Situation in occupied Palestine

The Commission on Human Rights, Guided by the purposes and principles of the Charter of the United Nations, in particular the provisions of Articles 1 and 55 thereof, which affirm the right of peoples to self-determination, Guided also by the provisions of article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, which affirm that all peoples have the right of self-determination, Taking into consideration the provisions of the Declaration on the Granting of Independence to Colonial Countries and Peoples adopted by the General Assembly in its resolution 1514 (XV) of 14 December 1960, Noting Security Council resolutions 183 (1963) of 11 December 1963 and 218 (1965) of 23 November 1965, which affirmed the interpretation of the principle of self-determination as laid down in General Assembly resolution 1514 (XV), Recalling General Assembly resolutions 181 A and B (II) of 29 November 1947 and 194 (III) of 11 December 1948, as well as all other resolutions which confirm and define the inalienable rights of the Palestinian people, particularly their right to self-determination without external interference and to the establishment of their independent State on their national soil, especially Assembly resolutions ES-7/2 of 29 July 1980 and 37/86 E of 20 December 1982, Reaffirming its previous resolutions in this regard, Bearing in mind the reports and recommendations of the Committee on the Exercise of the Inalienable Rights of the Palestinian People which, from 1976 to 1991, have been submitted to the Security Council through the General Assembly, Reaffirming the right of the Palestinian people to self-determination in accordance with the Charter of the United Nations, the relevant United Nations resolutions and the provisions of the International Covenants and instruments relating to the right to self-determination as an international principle and as a right of all peoples in the world, Expressing its grave concern at the persistence of Israel in preventing by force the Palestinian people from enjoying their inalienable rights, in particular their right to self-determination, in defiance of the principles of international law, United Nations resolutions and the will of the international community, which has affirmed and recognized those rights, Recalling that the military occupation by the armed forces of a State of the territory of another State constitutes an act of aggression and a crime against the peace and security of mankind, according to General Assembly resolution 3314 (XXIX) of 14 December 1974, Expressing its grave concern that no just solution has been achieved to the problem of Palestine, which has constituted the core of the Arab-Israeli conflict since 1948, Reiterating its grave concern at the military, economic and political support given by some States to Israel, which encourages and supports Israel in its aggressive and expansionist policies, its continued occupation of Palestinian and other Arab territories and the Judaization of Palestine by establishing Jewish settlements and settling Jewish immigrants therein, Affirming that the directing of the immigration of Jews in an organized manner to Israel constitutes support to Israel's settlement policy in the occupied Palestinian territory and an obstacle to the exercise by the Palestinian people of their right to self-determination,

1. Reaffirms that the Israeli occupation of Palestine constitutes a gross violation of human rights and an act of aggression against the peace and security of mankind;

2. Reaffirms the inalienable right of the Palestinian people to self-determination without external interference and to the establishment of their independent sovereign State on their national soil, in accordance with the Charter of the United Nations and resolutions adopted by the General Assembly since 1947;

3. Reaffirms also the inalienable right of the Palestinians to return to their homeland, Palestine, in accordance with General Assembly resolution 194 (III) and subsequent relevant resolutions;

4. Reaffirms further the right of the Palestinian people to recover their rights by all means in accordance with the purposes and principles of the Charter of the United Nations and with relevant United Nations resolutions, and affirms that the intifada of the Palestinian people against the Israeli occupation since 8 December 1987 is a form of legitimate resistance against the military occupation of Palestine and an expression of the Palestinian people's rejection of the occupation and an affirmation of their unshakeable desire for liberation and for the exercise of their inalienable national rights on their national soil;

5. Reaffirms its support for the call to convene an effective international peace conference on the Middle East, with the participation of the permanent members of the Security Council and the parties to the Arab-Israeli conflict, including the Palestine Liberation Organization, under the auspices of the United Nations, in accordance with the relevant resolutions of the General Assembly and the Security Council, and to guarantee the inalienable national rights of the Palestinian people, in particular their right to self-determination without external interference;

6. Expresses its great interest in the current process of negotiations, which began in Madrid on 30 October 1991, between the parties to the conflict to resolve the problem of Palestine and of the Middle East; affirms the necessity of this process being based on international legitimacy, on the principles of international law and on the United Nations resolutions concerning the inalienable rights of the Palestinian people, at the forefront of which is their right to self-determination, so that the process results in a just solution leading to a just and permanent peace in the Middle East; also affirms that any attempt to achieve a peaceful solution in the region which is not based on the principles of international law and the United Nations resolutions regarding the Israeli occupation of Palestine and other Arab territories and the right of the Palestinian people to self-determination free from external interference will not ensure the achievement of a just, permanent and comprehensive peace in the Middle East;

7. Strongly condemns Israel for its continued occupation of the Palestinian territory, which constitutes the main obstacle to the exercise by the Palestinian people of their national rights, the foremost of which is their right to free self-determination on their national soil;

8. Calls upon Israel to comply with its obligations under the Charter of the United Nations and the principles of international law and to withdraw from the Palestinian and other Arab territories which it has occupied since 1967 by military force, including Jerusalem, in accordance with the relevant United Nations resolutions;

9. Urges all States, United Nations organs, the specialized agencies and other international organizations to extend their support and assistance to the Palestinian people through their sole legitimate representative, the Palestine Liberation Organization, in their struggle to recover their rights and to liberate their land from Israeli occupation, in accordance with the Charter of the United Nations and with the relevant United Nations resolutions;

10. Requests the Secretary-General to transmit the present resolution to the Government of Israel and to all other Governments, to distribute it on the widest possible scale and to make available to the Commission on Human Rights, prior to the convening of its forty-ninth session, all information pertaining to the implementation of the present resolution by the Government of Israel;

11. Decides to include in the provisional agenda for its forty-ninth session the item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" and to consider the situation in occupied Palestine under that item, as a matter of high priority.

27th meeting
14 February 1992
[Adopted by a roll-call vote of 31 to 2,
with 17 abstentions. See chap. IX.]