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I. TENTH EMERGENCY SPECIAL SESSION OF THE GENERAL ASSEMBLY <\/strong><\/p><\/div>\n\n
CONVENED ON SETTLEMENTS ISSUES; RESOLUTION ADOPTED<\/strong><\/p><\/div>\n<\/p>\n
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\t<\/span>On 14 April, the Committee on the Exercise of the Inalienable Rights of the Palestinian People held its 228th meeting to consider the situation in the occupied Palestinian territory and the proposed emergency session of the General Assembly. Following the Security Council’s failure to adopt a resolution concerning Israel’s actions in occupied East Jerusalem and the rest of the occupied Palestinian territory, at its meetings in March (see March 1997 bulletin), the Group of Arab States had requested that the General Assembly convene an emergency session under the 1950 General Assembly resolution 377 (V) of 3 November 1950, entitled “Uniting for peace,” to consider illegal Israeli actions in occupied East Jerusalem and the rest of the occupied Palestinian territory (A\/ES-10\/1). The Organization of the Islamic Conference and the Movement of Non-Aligned Countries supported the request (A\/51\/852; A\/51\/853). At the meeting, the Committee also elected Mr. George Saliba (Malta) as Rapporteur.<\/p><\/div>\n<\/p>\n
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\t<\/span>On 15 April, the Chairman of the Committee addressed a letter to the Secretary-General expressing support for the request that an emergency special session of the General Assembly be convened. The text of the letter is reproduced below (see A\/51\/876): <\/i><\/p><\/div>\n<\/p>\n
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\t<\/span>On behalf of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, I have the honour to express the most serious concern at the continued construction of an Israeli settlement on Jabal Abu Ghneim mountain south of East Jerusalem, in violation of the obligations of the occupying Power under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, and in disregard of the unanimous opposition of the international community. The Committee believes that these actions, as well as other measures taken by the occupying Power in recent months in the occupied Palestinian territories, including Jerusalem, threaten the very foundations of the peace process and lead to a dangerous exacerbation of tensions in the area.\n\t\t\t\t<\/div>\n<\/p>\n
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\t<\/span>Accordingly, the Committee wishes to express its support for the request made by the States members of the Arab League, and endorsed by the Movement of Non-Aligned Countries and the Organization of the Islamic Conference, for the convening of an emergency special session of the General Assembly pursuant to its resolution 377 (V) of 3 November 1950, in order to consider these developments and to adopt an appropriate resolution.\n\t\t\t\t<\/div>\n<\/p>\n
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\t<\/span>The Committee calls on the parties to the peace process, as well as on all States, to do everything in their power to protect and save the peace process at this crucial juncture.\n\t\t\t\t<\/div>\n<\/p>\n
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\t<\/span>I have the honour to request that the present letter be circulated as a document of the fifty-first session of the General Assembly under agenda item 35.\n\t\t\t\t<\/div>\n\n\t\t\t\t (
Signed<\/u>) Ibra Deguène KA\n\t\t\t\t<\/div>\n\n\t\t\t\tChairman, Committee on the Exercise of the\n\t\t\t\t<\/div>\n
\n\t\t\t\tInalienable Rights of the Palestinian People\n\t\t\t\t<\/div>\n
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On 24 April, the Tenth Emergency Special Session of the General Assembly was convened. The Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People addressed the Assembly. The text of the Chairman’s statement is reproduced below (see A\/ES-10\/PV.1):<\/p><\/div>\n
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Mr. Ka<\/strong> (Senegal), Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People (interpretation from French<\/i>): The Committee on the Exercise of the Inalienable Rights of the Palestinian People deeply regrets the events that have led to the convening of this emergency special session of the General Assembly: Israel's continuing intransigence with regard to the establishment of settlements in the Palestinian territories occupied since 1967, including Jerusalem, and the Security Council's inability to issue a pronouncement on this question, despite the grave implications for peace and security in the region and for the future of the peace process.<\/p><\/div>\n<\/p>\n
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Five emergency special sessions of the General Assembly have had to be held over the years to deal with various distressing aspects of the Arab-Israeli conflict in the Middle East, more than for any other crisis situation that the Âé¶¹APP has had to deal with since its inception. The last emergency session, the ninth, was held in 1982, at the height of the cold war. It took a whole series of meetings at that emergency special session to deal with the issues raised following increasing repression and a series of bloody incidents in the occupied territories, including those that took place at the Holy Places in Jerusalem, in addition to the Israeli invasion of Lebanon and the evacuation of Palestinian leaders from Beirut. <\/p><\/div>\n
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\t<\/span> Those were some of the darkest hours in the Palestinian struggle for the exercise of legitimate national rights, including the right to self-determination and national independence. They were also times of great international tension and fears of a future lurching out of control in a region that had witnessed four destructive wars since the end of the Second World War. The firm resolutions that were adopted by the General Assembly at the time, and the frantic search for peace that followed those events, demonstrated to the intense concern of the international community and its will to spare no effort to achieve a comprehensive, just and lasting settlement of the conflict.<\/p><\/div>\n<\/p>\n
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\t<\/span> That concern still exists today, while, over the past few years, it seemed that we might achieve the dream of a new international climate of cooperation, with the resolution of long-standing regional conflicts and the unanimous desire of the peoples of the Middle East to establish an era of peace that would bring the bloodshed to an end. The mutual recognition of Israel and the Palestine Liberation Organization in 1993, the signing of the Declaration of Principles and the subsequent withdrawal of Israeli forces from Gaza and some areas of the West Bank, as well as the establishment of an elected Palestinian Authority, were historic milestones along the road to peace that the international community encouraged and nurtured with political and financial support. <\/p><\/div>\n<\/p>\n
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\t<\/span> The Committee on the Exercise of the Inalienable Rights of the Palestinian People was clearly delighted by those positive developments, which demonstrated to all of us that peace is possible and that serious negotiations between parties, inspired by good faith and mutual respect, can bring about a momentum for peace, even when such negotiations deal with thorny and apparently insoluble issues. <\/p><\/div>\n<\/p>\n
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\t<\/span> The progress made on the ground to date, such as the withdrawal of Israeli forces from parts of the occupied territories, the establishment of a Palestinian administration and the many areas of cooperation between Palestinians and Israelis, were merely a dream in 1982, if in fact anybody dared have such dreams at that time. Again, the process was very difficult; nobody thought that it would be easy to bury old grievances and conflicting interests. Today, those joint efforts make the progress reached over the past few years seem even more precious. All those important achievements have encouraged the Committee to recommend whatever steps are necessary to prevent extremists on all sides from reducing them to nothing.<\/p><\/div>\n<\/p>\n
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\t<\/span> It should be noted, however, that those achievements remain extremely fragile, as events have demonstrated time and again. The renewal of tensions and incidents in recent weeks should provide a constant warning and reminder that if we allow the peace process to fail, the entire region will enter a renewed cycle of violence and hatred whose effects might prove impossible to bring under control for several months or longer.<\/p><\/div>\n<\/p>\n
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\t<\/span> While condemning any resort to violence, particularly against civilians, the Committee wishes to recall that the peace process made progress because both parties accepted the principle of land for peace and of a negotiated solution, in accordance with Security Council resolutions 242 (1967) and 338 (1973), and with the Declaration of Principles of 1993 and subsequent agreements. The international community is united behind this approach, which, on the one hand, recognizes the right of all States of the region, including Israel, to live in peace within secure and internationally recognized boundaries, and, on the other hand, reaffirms the inadmissibility of the acquisition of territory by force, recognizes the legitimate rights and claims of the Palestinian people and provides for negotiations between the parties on the fundamental issues of the conflict: Jerusalem, refugees, settlements, future boundaries and modalities for peaceful cooperation between the peoples of the region. The Committee is convinced that this approach, which has brought about the most significant results in the peace efforts undertaken since 1947, remains the only true means of moving forward and reinforcing the process launched in 1993.<\/p><\/div>\n<\/p>\n
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\t<\/span> Regrettably, the continuing military occupation by Israeli forces of large areas of Palestinian territory, including Jerusalem, the presence of a large number of armed settlers in the occupied territories, the frequent roadblocks and boundary closures and the serious damage caused to the Palestinian economy – all of them unilateral measures – have a negative impact on the search for a just and peaceful settlement that respects the legitimate rights and claims of all the parties.<\/p><\/div>\n<\/p>\n
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\t<\/span> The Committee believes that the Israeli Government should above all recognize that the search for peace and justice in the region, with account being taken of Palestinian and Arab claims, cannot, in the final analysis, but be in Israel's interest, as long as that country truly wishes to get along with its neighbours in peaceful coexistence.<\/p><\/div>\n<\/p>\n
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\t<\/span> History reminds us that peace must always be based on compromise between the parties in order for it to take lasting root in the hearts and minds of people. An imposed peace always bears within it the seeds of future conflict.<\/p><\/div>\n<\/p>\n
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\t<\/span> It is for these reasons that Committee has strongly deplored the decisions taken by Israel that run counter to these objectives and agreements, in particular the decisions regarding Jerusalem, the settlements and the collective coercive measures, which, instead of reinforcing confidence and promoting reconciliation, create greater difficulties and feed distrust and disillusionment in the peace process.<\/p><\/div>\n<\/p>\n
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\t<\/span> The Committee has examined those measures in detail and has expressed its opinion, both in its report to the General Assembly and in its Bureau's press releases, as well as in my statements to the Security Council and the General Assembly on various occasions in my capacity as the Chairman of the Committee.<\/p><\/div>\n<\/p>\n
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\t<\/span> We also believe that the international community, expressing itself through the General Assembly, has not only the right but also the duty to remain closely involved in the various aspects of this issue for which it has a clear responsibility, until the conflict is satisfactorily resolved in accordance with Âé¶¹APP resolutions and international law. Let us not forget that some 50 years ago it was the General Assembly itself that partitioned Palestine and decided to create two States, one Arab and the other Jewish, constituting an economic union. The General Assembly also declared Jerusalem international territory.<\/p><\/div>\n<\/p>\n
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\t<\/span> The Committee believes that the international principles embodied in the various resolutions of the General Assembly and the Security Council are still as valid today as they were before, even if history or force has created different realities on the ground. The fact that the parties have decided to engage in direct negotiations does nothing to invalidate these fundamental principles, nor does it negate the international community's obligation to take an interest in the situation in Palestine.<\/p><\/div>\n<\/p>\n
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\t<\/span> These are the reasons why the Committee on the Exercise of the Inalienable Rights of the Palestinian People has supported the convening of this emergency special session. The Committee sincerely hopes that this session will succeed in bringing an end to the settlement policy and to the other unilateral measures taken by the occupying Power. It especially hopes that it will restore confidence in the region and a climate conducive to the speedy resumption of the negotiations and the peace process, in the interest of peace and mutual understanding among all the peoples of the region.<\/p><\/div>\n<\/p>\n
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\t<\/span> On 25 April, the General Assembly adopted a resolution by a vote of 134 in favour to 3 against, with 11 abstentions. The text of the resolution is reproduced below:<\/p><\/div>\n\n
ES-10\/2. Illegal Israeli actions in occupied East Jerusalem and the rest of the Occupied Palestinian Territory<\/u><\/p><\/div>\n
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\t\t<\/span>The General Assembly<\/u>,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Aware<\/u> of the commencement, after the adoption of General Assembly resolution 51\/223 of 13 March 1997, of construction by Israel, the occupying Power, of a new settlement in Jebel Abu Ghneim to the south of East Jerusalem on 18 March 1997, and of other illegal Israeli actions in Jerusalem and the rest of the Occupied Palestinian Territory,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Noting with regret<\/u> that the Security Council, at its 3747th meeting, on 7 March 1997, and at its 3756th meeting, on 21 March 1997, twice failed to adopt a resolution on the actions referred to above, as a result of the negative vote of a permanent member of the Council,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Reaffirming<\/u> the permanent responsibility of the Âé¶¹APP with regard to the question of Palestine until it is solved in all its aspects,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Reaffirming also<\/u> the principle of the inadmissibility of the acquisition of territory by force,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Having considered<\/u> the serious deterioration of the situation in the Occupied Palestinian Territory, including Jerusalem, and in the Middle East in general, including the serious difficulties facing the Middle East peace process, as a result of recent Israeli actions and measures,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Affirming its support<\/u> for the Middle East peace process, started at Madrid in 1991, on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978, for the principle of land for peace and for the full and timely implementation of the agreements reached between the Government of Israel and the Palestine Liberation Organization, the representative of the Palestinian people, and of all commitments reached between the parties,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Recalling<\/u> its relevant resolutions, including resolutions 181 (II) of 29 November 1947 and 51\/223, and the relevant resolutions of the Security Council, in particular those on Jerusalem and Israeli settlements in the occupied territories, including resolutions 252 (1968) of 21 May 1968, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 672 (1990) of 12 October 1990 and 1073 (1996) of 28 September 1996,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Reaffirming<\/u> that the international community, through the Âé¶¹APP, has a legitimate interest in the question of the City of Jerusalem and the protection of the unique spiritual and religious dimension of the City, as foreseen in relevant Âé¶¹APP resolutions on this matter,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Reaffirming also<\/u> the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1<\/u>\/ and the Regulations annexed to the Hague Convention IV of 1907 2<\/u>\/ to the Occupied Palestinian Territory, including Jerusalem, and all other Arab territories occupied by Israel since 1967,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Recalling<\/u> the obligation of the High Contracting Parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War to respect and ensure respect for the Convention in all circumstances, in accordance with article 1 of the Convention,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Conscious<\/u> of the serious dangers arising from persistent violation and grave breaches of the Convention and the responsibilities arising therefrom, <\/p><\/div>\n<\/p>\n
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\t\t<\/span>Convinced<\/u> that ensuring respect for treaties and other sources of international law is essential for the maintenance of international peace and security, and determined, in accordance with the preamble to the Charter of the Âé¶¹APP, to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Also convinced<\/u>, in this context, that the repeated violation by Israel, the occupying Power, of international law and its failure to comply with relevant Security Council and General Assembly resolutions and the agreements reached between the parties undermine the Middle East peace process and constitute a threat to international peace and security,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>Increasingly concerned<\/u> about the actions of armed Israeli settlers in the Occupied Palestinian Territory, including Jerusalem,<\/p><\/div>\n<\/p>\n
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\t<\/span>\t<\/span>Aware<\/u> that, in the circumstances, it should consider the situation with a view to making appropriate recommendations to the States Members of the Âé¶¹APP, in accordance with General Assembly resolution 377 A (V) of 3 November 1950,<\/p><\/div>\n<\/p>\n
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\t\t<\/span>1.\t<\/span>Condemns<\/u> the construction by Israel, the occupying Power, of a new settlement in Jebel Abu Ghneim to the south of occupied East Jerusalem and all other illegal Israeli actions in all the occupied territories;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>2.\t<\/span>Reaffirms<\/u> that all legislative and administrative measures and actions taken by Israel, the occupying Power, that have altered or purported to alter the character, legal status and demographic composition of Jerusalem are null and void and have no validity whatsoever;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>3.\t<\/span>Reaffirms also<\/u> that Israeli settlements in all the territories occupied by Israel since 1967 are illegal and an obstacle to peace;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>4.\t<\/span>Demands<\/u> immediate and full cessation of the construction in Jebel Abu Ghneim and of all other Israeli settlement activities, as well as of all illegal measures and actions in Jerusalem;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>5.\t<\/span>Demands also<\/u> that Israel accept the de jure<\/u> applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 1<\/u>\/ to all the territories occupied since 1967, and that it comply with relevant Security Council resolutions, in accordance with the Charter of the Âé¶¹APP;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>6.\t<\/span>Stresses<\/u> the need to preserve the territorial integrity of all of the Occupied Palestinian Territory and to guarantee the freedom of movement of persons and goods in the territory, including the removal of restrictions into and from East Jerusalem, and the freedom of movement to and from the outside world;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>7.\t<\/span>Calls for<\/u> the cessation of all forms of assistance and support for illegal Israeli activities in the Occupied Palestinian Territory, including Jerusalem, in particular settlement activities;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>8.\t<\/span>Recommends<\/u> to the States that are High Contracting Parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War to take measures, on a national or regional level, in fulfilment of their obligations under article 1 of the Convention, to ensure respect by Israel, the occupying Power, of the Convention;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>9.\t<\/span>Requests<\/u> the Secretary-General to monitor the situation and to submit a report on the implementation of the present resolution, within two months of its adoption, in particular on the cessation of the construction of the new settlement in Jebel Abu Ghneim and of all other illegal Israeli actions in occupied East Jerusalem and the rest of the Occupied Palestinian Territory;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>10.\t<\/span>Expresses the need<\/u> for scrupulous implementation of the agreements reached between the parties, and urges the sponsors of the peace process, the interested parties and the entire international community to exert all the necessary efforts to revive the peace process and to ensure its success;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>11.\t<\/span>Recommends<\/u> that a comprehensive, just and lasting solution to the question of the City of Jerusalem, which should be reached in permanent status negotiations between the parties, should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the Holy Places by the faithful of all religions and nationalities;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>12.\t<\/span>Rejects<\/u> terrorism in all its forms and manifestations, in accordance with all relevant Âé¶¹APP resolutions and declarations;<\/p><\/div>\n<\/p>\n
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\t\t<\/span>13.\t<\/span>Decides<\/u> to adjourn the tenth emergency special session of the General Assembly temporarily and to authorize the President of the General Assembly to resume its meetings upon request from Member States.<\/p><\/div>\n<\/p>\n
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3rd plenary meeting<\/u><\/p><\/div>\n\n
25 April 1997<\/u><\/p><\/div>\n\n
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\t<\/span>1<\/u>\/\t<\/span>Âé¶¹APP, Treaty Series<\/u>, vol. 75, No. 973. <\/p><\/div>\n\n
\t<\/span>2<\/u>\/\t<\/span>See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907<\/u> (New York, Oxford University Press, 1915). <\/p><\/div>\n<\/p>\n
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II. COMMITTEE ON THE EXERCISE OF THE INALIENABLE RIGHTS OF THE<\/strong><\/p><\/div>\n\n
PALESTINIAN PEOPLE RECEIVES REPORT ON INTERGOVERNMENTAL<\/strong><\/p><\/div>\n\n
MEETINGS; HEARS LAWYERS ON PALESTINIAN RESIDENCY RIGHTS<\/strong><\/p><\/div>\n\n
\t\t<\/span>At the Committee’s 229th meeting, held on 28 April, the Chairman briefed Committee members on his participation in the recent meetings of the Council of Ministers of the Organization of African Unity (OAU), held at Tripoli from 24 to 28 February, and the Ministerial Conference of the Movement of Non-Aligned Countries, held at New Delhi from 4 to 8 April. The Chairman said that, at its meeting, the OAU expressed grave concern about Israel’s settlement plans in East Jerusalem, and called for the international community to provide the necessary assistance to the Palestinian Authority during this critical juncture of the peace process. He also informed members that the Non-Aligned Movement had issued a special declaration which called on Member States to reconsider steps taken to normalize relations with Israel in the framework of the peace process, so as to ensure Israel’s compliance with the terms of reference of the Madrid Conference, the land-for-peace principle and its full implementation of agreements and commitments on all tracks of the peace talks. He also reported on the recently held General Assembly emergency special session on the situation in the occupied Palestinian territory. <\/p><\/div>\n<\/p>\n
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\t\t<\/span>The Committee also listened to briefings by Osama Halaby, Palestinian Druze lawyer and former Director of the Legal Department of the Quaker Legal Aid Centre in East Jerusalem, as well as Lea Tsemel, an Israeli lawyer. According to the lawyers, the Âé¶¹APP had an important role to play in calling on Israel to cease its “quiet deportation” of Palestinians in Jerusalem. The policy of confiscating identification cards from Palestinians and denying them residency and rights in Jerusalem could have a profound effect on the final status negotiations on Jerusalem (see A\/AC.183\/SR.229 and GA\/PAL\/744). <\/p><\/div>\n\n
III. UNITED NATIONS ASIAN SEMINAR AND NGO SYMPOSIUM<\/strong><\/p><\/div>\n\n
HELD AT JAKARTA FROM 5 TO 7 MAY<\/strong><\/p><\/div>\n\n
\t\t<\/span>The Âé¶¹APP Asian Seminar and Non-Governmental Organization Symposium on the Question of Palestine on the theme “Achieving a just, comprehensive and lasting solution of the question of Palestine – the role of Asia” was held at Jakarta from 4 to 7 May, under the auspices of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and in accordance with the provisions of General Assembly resolutions 51\/23 and 51\/24 of 4 December 1996.<\/p><\/div>\n<\/p>\n
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