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I. SECURITY COUNCIL MEETS ON THE SITUATION IN THE OCCUPIED PALESTINIAN TERRITORY<\/strong><\/p><\/div>\n<\/p>\n
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\t<\/span>On 10 April, with reference to letters received from Yasser Arafat, President of the Palestinian Authority, and the Palestine Observer Mission on 2 April (A\/50\/916-S\/1996\/233 and A\/50\/915-S\/1996\/235), the Chairman of the Arab Group for the month of April requested the Security Council to meet in an urgent formal session in order to consider the serious situation in the occupied Palestinian territory, including Jerusalem (S\/1996\/257). The Council met on 15 April, without taking any action (S\/PV.3652 and Resumption 1). In the course of the debate, the Acting Chairman of the Committee on the Exerci Mr. Ravan Farhadi (Afghanistan), made a statement, excerpts from which follow:<\/p><\/div>\n<\/p>\n
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\t<\/span>I am grateful to you, Mr. President, and to the other members of the Security Council for having given me the opportunity, as Acting Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, to participate in this important debate on the decision by the Israeli Government regarding the blockade and closure of Israeli borders with Palestinian territory. The resulting economic hardships and aggravation of tensions in this area is of great concern to our Committee. The closure has brought about restrictions on freedom of movement within the Palestinian territory. This action by the Government of Israel has made life extremely difficult for the people of the Palestinian territory. This situation may exacerbate difficulties in the relations between Israel and the Palestinian Authority.<\/p><\/div>\n<\/p>\n
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\t<\/span>The Israeli Government has also stated that it is its intention to take further implacable measures in the occupied Palestinian territory, including Jerusalem. These measures include the further destruction of houses, the confiscation of land, the expansion of settlements and some restrictions on the movement of persons and goods within the Palestinian territory, as well as into and out of the territory.<\/p><\/div>\n<\/p>\n
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\t<\/span>This Israeli policy has resulted in rapidly escalating hardships for the entire Palestinian population. Uncertain food supplies and massive unemployment have reached crisis levels. Patients and medical staff alike are unable to travel from one area of the West Bank to another to reach hospitals and clinics, even in emergency situations. Education, agriculture and business activity have been severely disrupted. International non-governmental-organization staff, including foreign nationals, have been prohibited from moving between population areas in the West Bank and the Gaza Strip. At this time when the services of international non-governmental organizations are desperately needed, they are unable to provide even the most basic services.<\/p><\/div>\n<\/p>\n
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\t<\/span>It should also be stated that the closure of the border of the West Bank with Jordan and that of the Gaza Strip with Egypt, obstructing the movement of persons and goods, is effectively isolating the Palestinian territory from the neighbouring countries.<\/p><\/div>\n<\/p>\n
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\t<\/span>The Committee believes that these measures are in violation of the relevant provisions of the Fourth Geneva Convention of 1949, which is applicable to all the territories occupied by Israel in 1967, including Jerusalem, as well as of the relevant Security Council and General Assembly resolutions.<\/p><\/div>\n<\/p>\n
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\t<\/span>This policy of the Government of Israel totally contradicts the concept of peacemaking on the basis of the agreements that have been reached between the two parties thus far.<\/p><\/div>\n<\/p>\n
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\t<\/span>The Committee is also of the view that the response to acts of violence committed by some elements should not be directed at the Palestinian people as a whole. It should not undermine and hinder the peace process, the success of which the Committee has striven to ensure, in accordance with the General Assembly's resolutions.<\/p><\/div>\n\n
II. COMMISSION ON HUMAN RIGHTS ADOPTS RESOLUTIONS RELATING TO<\/strong><\/p><\/div>\n\n
PALESTINE QUESTION AND MIDDLE EAST CONFLICT<\/strong><\/p><\/div>\n\n
\t<\/span>On 11 April, at its fifty-second session, held at Geneva from 18 March to 26 April 1996, the Commission on Human Rights adopted five resolutions (see also the March issue of this Bulletin and document E\/CN.4\/1996\/151 dated 9 April 1996). The full texts of the resolutions are given below.<\/p><\/div>\n\n
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1996\/3. Question of the violation of human<\/u> <\/u>rights in the occupied Arab territories<\/u>, <\/u>including Palestine<\/u><\/p><\/div>\n
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\t<\/span>The Commission on Human Rights<\/u>,<\/p><\/div>\n<\/p>\n
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\t<\/span>Guided<\/u> by the purposes and principles of the Charter of the Âé¶¹APP, as well as by the provisions of the Universal Declaration of Human Rights,<\/p><\/div>\n<\/p>\n
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\t<\/span>Guided also<\/u> by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,<\/p><\/div>\n<\/p>\n
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\t<\/span>Taking into consideration<\/u> the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the provisions of Additional Protocol I thereto, 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, <\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling<\/u> the resolutions of the Security Council, the General Assembly and the Commission on Human Rights related to the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian and other occupied Arab territories, including Jerusalem,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling also<\/u> the General Assembly resolutions on Israeli violations of human rights in occupied Palestine, since 1967 and until now,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling further<\/u> the provisions of the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in June 1993,<\/p><\/div>\n<\/p>\n
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\t<\/span>Taking note<\/u> of the report (E\/CN.4\/1996\/18) of the Special Rapporteur, Mr. Hannu Halinen, regarding his<\/p><\/div>\n\n
mission undertaken in accordance with Commission resolution 1993\/2 A of 19 February 1993,<\/p><\/div>\n
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\t<\/span>Taking note also<\/u> of the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories submitted to the General Assembly since 1968, including the latest (A\/50\/463),<\/p><\/div>\n<\/p>\n
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\t<\/span>Noting with great concern<\/u> the continued Israeli refusal to abide by the resolutions of the Security Council, the General Assembly and the Commission on Human Rights calling on Israel to put an end to the violations of human rights and affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem,<\/p><\/div>\n<\/p>\n
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\t<\/span>Welcoming anew<\/u> the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and the Palestine Liberation Organization on 13 September 1993 and of the following agreement, whereby violations of human rights will end through the full withdrawal of Israeli forces from the occupied Palestinian territory, including Jerusalem,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling<\/u> all its previous resolutions on the subject, including the latest, resolution 1995\/1 of 17 February 1995,<\/p><\/div>\n<\/p>\n
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\t<\/span>1.\t<\/span>Deeply regrets<\/u> the continued violations of human rights in the occupied Palestinian territory since the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and the Palestine Liberation Organization on 13 September 1993, in particular the continuation of acts of killing and the detention of thousands of Palestinians without trial, the continuation of the extension and the establishment of Israeli settlements, the confiscation of property of Palestinians and expropriation of their land, and calls upon Israel to cease these acts immediately;<\/p><\/div>\n<\/p>\n
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\t<\/span>2.\t<\/span>Reaffirms<\/u> that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to the Palestinian and other Arab territories occupied by Israel since 1967, including Jerusalem, and considers any change in the geographic and demographic status of the city of Jerusalem from its situation prior to the June 1967 war to be illegal and void;<\/p><\/div>\n<\/p>\n
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\t<\/span>3.\t<\/span>Calls upon<\/u> Israel to cease immediately its policy of enforcing collective punishments, such as demolition of houses and closure of the Palestinian territory, a measure which threatens thousands of Palestinians with hunger and endangers their lives;<\/p><\/div>\n<\/p>\n
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\t<\/span>4.\t<\/span>Calls once more upon<\/u> Israel, the occupying Power, to desist from all forms of violation of human rights in the Palestinian and other occupied Arab territories and to respect the bases of international law, the principles of international humanitarian law and its commitments to the provisions of the Charter and resolutions of the Âé¶¹APP;<\/p><\/div>\n<\/p>\n
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\t<\/span>5.\t<\/span>Also calls upon<\/u> Israel to withdraw from the Palestinian territory, including Jerusalem, and the other occupied Arab territories in accordance with the relevant resolutions of the Âé¶¹APP and the Commission on Human Rights;<\/p><\/div>\n<\/p>\n
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\t<\/span>6.\t<\/span>Requests<\/u> the Secretary-General to bring the present resolution to the attention of the Government of Israel and all other Governments, the competent Âé¶¹APP organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations, to disseminate it on the widest possible scale, and to report on its implementation by the Government of Israel to the Commission on Human Rights at its fifty-third session;<\/p><\/div>\n<\/p>\n
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\t<\/span>7.\t<\/span>Also requests<\/u> the Secretary-General to provide the Commission on Human Rights with all Âé¶¹APP reports issued between sessions of the Commission that deal with the conditions in which the citizens of the Palestinian and other occupied Arab territories are living under the Israeli occupation;<\/p><\/div>\n<\/p>\n
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\t<\/span>8.\t<\/span>Decides<\/u> to consider the question at its fifty-third session, as a matter of high priority.<\/p><\/div>\n\n
Adopted by a vote of<\/p><\/div>\n
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27 in favour to 2 against,<\/p><\/div>\n
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with 23 abstentions.<\/p><\/div>\n
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1996\/4.\t<\/span>Israeli settlements in the occupied<\/u> <\/u>Arab territories<\/u> <\/p><\/div>\n<\/p>\n
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\t<\/span>The Commission on Human Rights<\/u>,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling<\/u> that, in accordance with article 13, paragraph 2, of the Universal Declaration of Human Rights, everyone has the right to leave any country, including his own, and to return to his country,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming<\/u> that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, is applicable to Palestinian and all Arab territories occupied by Israel since 1967, including Jerusalem,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling<\/u> its resolutions 1990\/1 of 16 February 1990, 1991\/3 of 15 February 1991, 1992\/3 of 14 February 1992, 1993\/3 of 19 February 1993, 1994\/1 of 18 February 1994 and 1995\/3 of 17 February 1995 in which, inter alia<\/u>, it reaffirmed the illegality of the Israeli settlements in the occupied territories, and noting that Israel has not fully complied with the provisions of those resolutions,<\/p><\/div>\n<\/p>\n
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\t<\/span>Welcoming<\/u> the positive development that originated with the International Peace Conference on the Middle East convened in Madrid on 30 October 1991, including in particular the Declaration of Principles on Interim Self-Government Arrangements signed in Washington by the Government of Israel and the Palestine Liberation Organization on 13 September 1993 as well as the Interim Agreement on the West Bank and the Gaza Strip signed in Washington by the same parties on 28 September 1995, followed by the partial redeployment of the Israeli army from the main Palestinian towns and the democratic election of the Palestinian Council and President of the Palestinian Authority,<\/p><\/div>\n<\/p>\n
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\t<\/span>Condemning in the strongest terms<\/u> all acts of terrorism, and calling on the Parties not to allow them to affect the ongoing peace process negatively,<\/p><\/div>\n<\/p>\n
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\t<\/span>Noting with appreciation<\/u> the report (E\/CN.4\/1996\/18) submitted by the Special Rapporteur pursuant to resolution 1993\/2 A of 19 February 1993, in which he recommends, inter alia<\/u>, that the confiscation of Palestinian-owned land and the construction or expansion of settlements should be halted immediately,<\/p><\/div>\n<\/p>\n
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\t<\/span>Noting<\/u> that the question of the Israeli settlements in the occupied territories will be addressed during the negotiations on the final status of the territories, which will start not later than May 1996, and convinced in this regard that a complete cessation by Israel of its policy of expanding the settlements, which may change the physical character and demographic composition of the occupied territories, would greatly facilitate those negotiations,<\/p><\/div>\n<\/p>\n
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\t<\/span>1.\t<\/span>Reaffirms<\/u> that the installation of Israeli civilians in the occupied territories is illegal and constitutes a violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;<\/p><\/div>\n<\/p>\n
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\t<\/span>2.\t<\/span>Reiterates<\/u> its request to the Government of Israel to comply fully with the provisions of Commission resolutions 1990\/1, 1991\/3, 1992\/3, 1993\/3, 1994\/1 and 1995\/3;<\/p><\/div>\n<\/p>\n
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\t<\/span>3.\t<\/span>Urges<\/u> the Government of Israel to abstain from installing any settlers in the occupied territories and to prevent any new installation of settlers in these territories.<\/p><\/div>\n\n
Adopted by a vote of<\/p><\/div>\n
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49 in favour to 1 against,<\/p><\/div>\n
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with 3 abstentions.<\/p><\/div>\n
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1996\/2. \t<\/span>Human rights in the occupied<\/u> Syrian Golan<\/u><\/p><\/div>\n<\/p>\n
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\t<\/span>The Commission on Human Rights<\/u>,<\/p><\/div>\n<\/p>\n
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\t<\/span>Deeply concerned<\/u> at the suffering of the population of the occupied Syrian Golan due to the violation of their human rights since the Israeli military occupation of 1967,<\/p><\/div>\n\n
\t<\/span>Recalling<\/u> Security Council resolution 497 (1981) of 17 December 1981,<\/p><\/div>\n<\/p>\n
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\t<\/span>Recalling also<\/u> all relevant General Assembly resolutions, including the latest, resolution 50\/29 D of 6 December 1995, in which the Assembly, inter alia<\/u>, called upon Israel to put an end to its occupation of the Arab territories,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming once more<\/u> the illegality of Israel's decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming<\/u> that the acquisition of territory by force is inadmissible under the principles of international law and under the Charter of the Âé¶¹APP,<\/p><\/div>\n<\/p>\n
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\t<\/span>Taking note with deep concern<\/u> of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A\/50\/463) and, in this connection, regretting Israel's constant refusal to cooperate with and to receive the Special Committee,<\/p><\/div>\n<\/p>\n
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\t<\/span>Guided<\/u> by the relevant provisions of the Charter of the Âé¶¹APP and the Universal Declaration of Human Rights and with particular reference to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the relevant provisions of the Hague Conventions of 1899 and 1907,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming<\/u> the importance of the peace process which started in Madrid on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 which aims at the establishment of a just, comprehensive and lasting peace in the Middle East,<\/p><\/div>\n<\/p>\n
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\t<\/span>Reaffirming<\/u> its previous relevant resolutions, the most recent being resolution 1995\/2 of 17 February 1995,<\/p><\/div>\n<\/p>\n
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\t<\/span>1.\t<\/span>Calls upon<\/u> Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council, inter alia<\/u>, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel, the occupying Power, should rescind forthwith its decision;<\/p><\/div>\n<\/p>\n
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\t<\/span>2.\t<\/span>Also calls upon<\/u> Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties;<\/p><\/div>\n<\/p>\n
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\t<\/span>3.\t<\/span>Further calls upon<\/u> Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and to desist from its repressive measures against them, and from all other practices mentioned in the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories;<\/p><\/div>\n<\/p>\n
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\t<\/span>4.\t<\/span>Determines<\/u> that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and have no legal effect;<\/p><\/div>\n<\/p>\n
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\t<\/span>5.\t<\/span>Calls once again upon<\/u> Member States not to recognize any of the legislative or administrative measures and actions referred to in the present resolution;<\/p><\/div>\n<\/p>\n
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\t<\/span>6.\t<\/span>Requests<\/u> the Secretary-General to bring the present resolution to the attention of all Governments, the competent Âé¶¹APP organs, the specialized agencies, regional inter-governmental organizations and international humanitarian organizations and to give it the widest possible publicity, and to report to the Commission on Human Rights at its fifty-third session;<\/p><\/div>\n<\/p>\n
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\t<\/span>7.\t<\/span>Decides<\/u> to include in the provisional agenda of its fifty-third session, as a matter of high priority, the item entitled "Question of the violation of human rights in the occupied Arab territories, including Palestine.<\/p><\/div>\n\n
Adopted by a vote of<\/p><\/div>\n
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22 in favour to 1 against,<\/p><\/div>\n
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