Part II (C) (documents received from the Secretariat of the United Nations)

"Complaint of the representative of the United
Arab Republic in a letter to the President of the
Se<:urity Council dated 27 May 1%7 entitled 'Israel
aggressive policy, its repeated aggression threatening
peace and security in the Middle East and endangering
international peace and security' ( S/7907) ;4
"Letter dated 29 May 1967 from the Permanent
Representative of the United Kingdom addressed to
the President of the Security Council ( S/7910) ;4
"Letter dated 9 June 1967 from the Permanent
Representative of the Union of Soviet Socialist
Republics addressed to the President of the Security
Council concerning an item entitled 'Cessation of
military action by Israel and withdrawal of the
Israel forces from those parts of the territory of
the United Arab Republic, Jordan and Syria which
they have seized as the result of an aggression'
(S/7967)."4
Resolution 237 (1967)
of 14 June 1967
The Security Council,
Considering the urgent need to spare the civil populations
and the prisoners of the war in the area of
conflict in the Middle East additional sufferings,
Considering that essential and inalienable human
rights should be respected even during the vicissitudes
of war,
Considering that all the obligations of the Geneva
Conventic·1 relative to the Treatment of Prisoners of
War of 12 August 19495 should be complied with hy
the parties involved in the conflict,
l. Calls upon the Government of Israel to ensure
the safety, welfare and security of the inhabitants of the
areas where military operations have taken place and
to facilitate the return of those inhabitants who have
fled the areas since the outhreak of hostilitic>s;
2. Recommends to the Governments concerned the
scrupulous respect of the humanitarian principles
governing the treatment of prisoners of war and the
protection of civilian persons in time of war contained
in the Geneva Conventions of 12 August 1949 ;6
3. Requests the Secretary-General to fo11ow the ef'
ective implementation of this resolution am! to report
o the Security Council.
Adopted unanimous/\' at the
1361st mectiny. ·
5 United Nations, Treaty Series, vol. ?o ( 1950). No. 972.
6 United Nations, Treaty Series, vol. 1., (1950), Nos. 970-973.
5
"Plainte du representant de la Republique arabe
unie, contenue clans une lettre adressee au President
du Conseil de securite, en date du 27 mai 1967, et
intitulee "La politique d'agression d'Israel, ses actes
d'agression repetes qui menacent la paix et la securite
au Moyen-Orient et mettent en danger la paix
et la securite internationales" ( S/79074
) ;
"Lettre, en date du 29 mai 1967, adressee au
President du Conseil de securite par le representant
permanent du Royaume-Uni (S/79104);
"Lettre, en date du 9 juin 1967, adressee au President
du Conseil de securite par le representant
permanent de I'U nion des Republiques socialistes
sovietiques, et relative a une question intitulee "Cessation
des activites militaires d'Israel et retrait des
forces israeliennes des parties du territoire de la
Republique arabe unie, de la J ordanie et de la Syrie
dont elles se sont emparees a la suite d'une agression"
(S/79674 )".
Resolution 237 (1967)
du 14 juin 1967
I.e Conseil de securite,
Considfrant l'urgente necessite d'epargner aux populations
civiles et aux prisonniers de guerre clans la zone
du conflit du Mayen-Orient des souffrances supplementaires,
Considfrant que Jes clroits de I'homme essentiels et
inalienahles doivent etre respectes meme clans Jes vicissitudes
de la guerre,
Consid1;rant que Jes parties impliquees clans le conflit
doivent se conformer a toutes Jes obligations de la
Convention de Geneve relative au traitement des
pri,mmiers cle guerre, du 12 :i.ot1t 19495,
1. Frie le Gouvernement israelien d'assurer la surete,
le Lien-etre et la securite des habit:mts des zones
ot1 des operations militaires ont eu lieu et de faciliter
le retour des habitants qui se sont enfuis de ces zones
den11is le declenchenwnt des ho~tilites;
2. Rccommand,, aux gouvernements interesses de
respectcr scrupttleusrment les principes h11111anitaires
regissant le traitement des prisonniers de guerre et la
protection des civils en temps de guerre, tels qu'ils sont
enonces dans Jes Conn-ntions de Geneve du 12 ao11t
194()6 ;
3. Prie le Secretaire general de suivre !'application
effective de la presente resolution et de faire rapport
au Conseil de securite.
Adoptfr a l'unanimiti a la
136Jc seance.
5 Nations Unies, Rl'cucil des Traitis, vol. 75, 1950, no 972.
6 Nati"ns Unies, Rccueil drs Traites, vol. 75, 1950, no• 970 a 973.
WI7ED NATIONS
SECURITY
COUNCIL
,. . .
Distr.
GENERAL
s/8052*
lo July 1967
ORIGINAL: ENGLISH
REPORTO F THE SECRETARY-GENERAOLN MEASUREST AKEN BY ISRAEL
TO CHANGE THE STATUS OF THE CITY OF JERUSAm
1. The General Assembly, in operative paragraph 3 of its resolution 2253 (ES-V)
adopted on 4 July 1967, requested the Secretary-General "to report to the General
Assembly and the Security Council on the situation and on the implementation of
the present resolution not later than one week from its adoption".
2. In a letter dated 5 July addressed to the Minister for Foreign Affairs of
Israel, the Secretary-General requested the Minister to draw the above-mentioned
resolution to the attention of his Government as a matter of urgency.
3. On 10 July the Secretary-General received the following reply from the
Minister for Foreign Affairs, transmitted by the Permanent Representative of Israel
to the United Nations:
* Also issued under the symbol A/6753.
67-16312 / . . I '.'
i
"I have' the honour to transmit to you the following reply from the Minister
for Foreign Affairs to your letter of 5 July 1967:
IDear Mr. Secretary-General,
My Government has given careful consideration to your letter of
5 July 1967, concerning resolution 2253 (ES;-V) of the General Assembly.
Israel*s position on Jerusalem was .explained by me at the plenary meetings
of the General Assembly on 21 and 29 June 1967. In response to your letter
the Government of Israel now takes the opportunity of reviewing recent
developments in the City.
As a result of aggression ,launched by the Arab States against Israel
in 1948, the section of Jerusalem in which the Holy Places are concentrated
had been governed for nineteen years by a r&i.me which refused to give due
acknowledgment to universal religious concerns. The City was divided by a
military demarcation line, Houses of worship, were destroyed,and desecrated
in acts of vandalism. Instead of peace and security there was hostility
and,frequent bloodshed. The principle of freedom of access to the Holy
Places of all the three monotheistic religions was violated with regard
to Jews, but not to them alone. The Jordan Government informed the
Ad Hoc Political Committee at the fourth and fifth sessions of the General
Assembly, on 6 December 1949 and 11 December 1950, that it would not agree
to any special arrangements for the Holy Places. This policy was the
subject of a reference by the President of the Trusteeship Council, ,
M. Roger Garreau, in his report on .the mission entrusted to him by virtue
of the Trusteeship Council resolution of 4 April1950 (T/681), in which
he stated:
tt . . . I have to state with the deepest regret that up to yesterday,
when my term.as President of the Trusteeship Council came to an end,
the Government of the Hashimite Kingdom of Jordan had not seen fit to
break its silence....
. . . the Government of Israel showed a spirit of conciliation
which led it to submit to the Trusteeship Council certain new
proposals which... represent a considerable advance towards a
settlement of the various aspects of the problem of Jerusalem and
the Holy Places...."
On 5 June 1967, the Jordanian forces launched a destructive and unprovoked
armed assault on the part of Jerusalem outside the walls. This attack was
made despite Israel's appeals to Jordan to abstain from hostilities. Dozens
of Jerusalem citizens were killed and hundreds wounded.
Artillery bombardment was directed against synagogues, the Church of
Dormition, hospitals, centres .of secular and religious learning, the Hebrew
University and the Israel Museum. Intensive fire was directed against
institutions and residential centres from positions in and near the Holy
Places themselves, which were thus converted into military positions for
shelling Jerusalem.
/ . . .
-3-
Since 7 June, the entire City of Jerusalem has experienced peace and
unity. The Holy Places of all faiths have been open to access by those who
hold them sacred.
The resolution presented on 4 July by Pakistan and adopted on the same
date evidently refers to measures taken by the Government of Israel on
27 June 1967. The term "annexation" used by supporters of the resolution
is out of place. The measures adopted relate to the integration of Jerusalem
in the administrative and municipal spheres, and furnish a legal basis for
the protection of the Holy Places in Jerusalem.
on 27
I now come to specify the character and effect of the measures adopted
June:
(1) The Holy Places
"The Protection of Holy Places Law, 5727-1967, provides that the
Holy Places shall be protected from desecration and any other violation
and from anything likely to violate the freedom of access of the
members of the different religions to the places sacred to them or
their feelings with regard to those places. Whoever desecrates or
otherwise violates a Holy Place shall be liable to imprisonment for
a term of seven years...." During the previous nineteen years there
had been no such legislation to protect the Holy Places in Jerusalem.
Since 27 June, sacred buildings desecrated since 1948 have been
restored, and houses of worship destroyed during the Jordanian
occupation are being rebuilt.
(2) Civic co-operation
One of the most significant results of the measures taken on
27 June is the new mingling of Arabs and Jews in free and constant
association. The Arab residents within the walls had been cut off
for nineteen years from all contact with the residents of the newer
parts of the City. Today they are free to renew or initiate contacts
with their Jewish neighbours in Jerusalem and elsewhere in Israel.
The residents of the City outside the walls now visit the Old City.
There is a profound human and spiritual significance in the replacement
of embattled hostility by normal and good neighbourly relations. It
is especially appropriate that ecumenical habits of thought and
action should take root in the City from which the enduring message
of human brotherhood was proclaimed with undying power in generations
past.
(3) Municipal services
In the hills of Judea, where Jerusalem is situated, there is an
acute shortage of water. The Old City is now connected with the
general water supply system, and all houses are receiving a, continuous
supply of water, double the quantity available to them in the past.
/ .** i;
hS&t‘".843,
’
-4-
All hospitals and clinics are already functioning. In the past
no health services existed for the young within the framework of the
school system, nor were there any health stations for mother and child
care. These services are now being established.
There was no social welfare system in the Old City. Today all
the inhabitants of Jerusalem now enjoy the same welfare rights. The
municipality has already begun extending its welfare services to
those for whom none have been available in the past.
School buildings are being prepared for the resumption of studies
at the beginning of the new school year. Teachers axe being located
and arrangements made for them to return to their work. Their
salaries are paid by the municipality.
Compulsory education regulations have been extended to all parts
of the City.' None of those arrangements affect the existing private
education network.
If these measures had not been taken, the Holy Places would be
without legal protection. The unified public utilities services
would not exist. Municipal and administrative facilities would not
be extended to some sections of the City, and
would still be divided, hermetically confined
compartments.
Jerusalem's residents
in, separate
The universal interest
The measures taken by my Government to secure the protection of the
Holy Places are only a part of Israel's effort to ensure respect for
universal interests in Jerusalem. It is evident from United Nations
discussions and documents that the international interest in Jerusalem has
always been understood to derive from the presence of the Holy Places.
Israel does not doubt her own will and capacity to secure the respect of
universal spiritual interests. It has forthwith ensured that the Holy'
Places of Judaism, Christianity and Islam be administered under the
responsibility of the religions which hold them sacred, In addition, in a
spirit of concern for historic and spiritual traditions, my Government has
taken steps with a view to reaching arrangements to assure the universal
character of the Holy Places. In pursuance of this objective, the
Government of Israel has now embarked on, a constructive and detailed dialogue
with representatives of universal religious interests. If these explorations
are as fruitful as we hope and expect, the universal character of the
Holy Places will for the first time in recent decades find effective
expression.
The changes which have affected Jerusalem's life and destiny as a
result of the measures recently adopted may therefore be summarised as
'follows:
I ..*
-5-
Where there was hostile separation, there is now harmonious civic union.
Where there was a constant threat of violence, there is now peace. Where
there was once an assertion of exclusive and unilateral control over the
Holy Places, exercised in sacrilegious discrimination, there is now a
willingness to work out arrangements with the world's religious bodies -
Christian, Muslim and Jewish - which will ensure the universal religious
character of the Holy Places.
The Government of Israel is confident that world opinion will welcome
the new prospect of seeing this ancient and historic metropolis thrive in
unity, peace and spiritual elevation.
Please accept, Mr. Secretary-General, the assurances of my highest
consideration.
Minister for Foreign Affairs'
"Please accept, Excellency, the assurances of my highest consideration.
"(Signed) Gideon RAFAEL
Permanent Representative of Israel
to the United Nations"
“ I ” - . . , -
UNITED NATIONS
SECURITY
COUNCIL
Distr.
G-L
s/8158*
2 October 1967
ORIGINAL: ENGLISH
REPORTO F THE SECRETARY-GENERUiA!?LD FBG ENERAL
Assm~ RESOLUTIO2N2 52 (ES-~) Am SEcuRrm
COUNCILR ESOLUTION23 7 (1.967)
CONTENTS
INTRODUCTION.. , * . . . . . . . . . . . . . . . . . . .
I, MISSION OF THE SPECIAL REPRES~TATIVE . . , . . . . . . .
II, SAFETYW, ELFARAEN D SECURITYO F THE
POPULATIONIN AREASU NDERIS RAEL CONTROL
A. Syrian area . . . v . . . . . . . . . . . . . . . . .
B. Jordanian area . . , . . , . . . , . . . . . . . . .
C. The United Arab Republic qnd areas
administered by the United Arab Republic . . . . . =
1X1. SITUATIONO F DISPLACEDP ERSONFSR OMA REASU NDER
ISRAELC ONTROALN D THE QUESTIONO F THEIR RETURN . . , . .
IV, TREATMENOTF PRISONERSO F WAR . . . . . . . . . . . . . .
V. THE QUESTIONO F THE TREATMENOTF MINORITIES . . , . . . .
VI. CONCLUDING REltwxs. ,‘, , . l , . . :, . l , . , . . . .
Paragraphs
1- 3
4- 13
14 - 39
40 - 92
93 - 158 33
159 - 202
203 - 209
210 - 222
223 - 225
Page
1
2
5
12
47
57
59
62
* Also issued under the symbol A/6797.
67-22332 I . . .
P
CONTENT(Sc ontinued)
Page
ANNEXES
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
MAPS
ITINERARYO F THE MISSIONO F THES PECIALR EPRESENTATI.V E. . . 63
AIDE-MEMOIRES UBMITTEDTO THE SPECIALR EPRESENTATIVE
BY THE JORDANIANA UTHORITIES. . . . . . T . . . . . . . . . .
AIDE-MEMOIREP REPAREBDY THE JORDANIAANU THORITIES. . . . . .
STATEMENOTN THE SITUATIONO N THEW ESTB ANKB Y AN
OFFICIAL JORDANIANS POKESMASNU, BMITTETDO THE
SPECIALR EPRESENTATIBVYE THE JORDANIAANU THORITIES. . . . .
FIRST AIDE-MEMOIRSEU BMITTEDTO THE SPECIAL
REPRESENTATIBVYE THE ISRAELA UTHORITIEOS N THE
SITUATIONO N THE NESTB ANK. . . . . . . . . . . . . . . . (._ I: ;m..
SECONDAI DE-MEMOIRSEU BMITTEDTO THE SPECIAL
REPRESENTATIBVYE THE ISRAELA UTHORITIEOS N THE
SITUATIONO N THE WESTB ANK. + . . . . . . . . . . . . . . . .
AIDE-MEMOIRES UBMITTETDO THE SPECIALR EPRESENTATIVE
BY THE ISRAELA UTHORITIESE NTITLED'F OUNDATIONOSF
ISRAEL'S ECONOMIPCO LICYI N THEA REASU NDERIT S CONTROL." . .
AIDE-MEMOIRES UBMITTETDO THE SPECIALR EPRESENTATIVE
BY THE ISRAELA UTHORITIESO N THES ITUATIONIN THE
GAZAS TRIPA NDN ORTHERSNIN AI . . . . . . . . . . . . . . . .
AIDE-MEMOIRES UBMITTEDTO THE SPECIALR EPRESENTATIVE
BY THE ISRAELA UTHORITIESO N THES ITUATIONIN THE
GAZASTRIP..............., . . . . . . . . . .
65
70
74
77
82
86
90
95
IWl?ROlXJCTIOl'4
1. By 3.b ~e~~ltM.0~ 237 (1967) of 14 June 1967, the Security Council called
upan the Government Of Israel to ensure the EX&&y, welfare and security of the
inhabitants of the areas where military operations had taken place and to
facilitate the return of those inhaldtants who had fled the areas since the
outbreak of hostilities, recommendedta the Governmentsc oncerned the scrupulous
respect of the humanitarian principles governing the treatment of prisoners of
war and the protection of civilian persons in time of war contained in the
Geneva Convention of 12 August 1949, and requested the Secretary-General to
follow the effective implementation of the resolution and to report to the
Security Council, This resolution was later welcomed with great sat?lsfaction
by the General Assembly in the latter's resolution 2252 (ES-V) of 4 July ig67.
2. On 6 July the Secretary-General appointed Mr. NLls-Goran Gussing as his
Special Representative to obtain for him on the spot the information require1
for the proper discharge of his responsibilities under the above resolution 0'
the Security Council.
3* An interim report on Mr. GussingWs activities was submitted by the
Secretary-General to the Security Council and the General Assembly on 1.8 August
(A/6787, s/8=4). The annual report which the Commissioner General of UNRWA
will submit shortly to the General Assembly on his activities is of course
related to some aspects of the work of Mr. Gussing. The present report is based
on the information contained in the final report of Mr. Gussing to the
Secretary-General,
/ . . .
I. MISSIONO F THE SPECIALR XPRESSNTATIW
4. The Special Representative's mission was both complex and difficult. His main
task was to report on conditions affecting civilian populations and prisoners of
war in the aftermath of the war. The main subJects to be looked into were in
themselves delicate and wide in scope. They were: the situation of the population
in areas now under Israel control; the measures taken to shelter and to facilitate
the return of those who had fled; the treatment of prisoners of war and the
protection of civilians.
59 This task involved extensive travel in an area where itineraries are often
complicated by the absence of direct communications between the countries concerned.
The gathering of accurate information is not easy in a period following active
hostilities and when communications and administration are upset and strong tensions
and emotions prevail. Some of the information received was contradictory and
difficult to verify. Moreover, the time at the disposal of the Special
Representative was very limited because of the obligation of the Secretsry-General
to report to the General Assembly without undue de&y. ' It was not expected
therefore that he would or could undertake to investigate the large number of
individual complaints submitted either to the Secretary-General or directly to
the Special Representative himself.
6. In the light of these considerations, the Special Representative has
concentrated on obtaining an over-all view of the situation and of the main
problems which face the groups of the population affected by the recent hostilities
with which he was particularly concerned.
7. The Special Representative"s main activities during his time in the Near East
were:
(a) Obtaining through travel and field visits (an itinerary of his travels
is attached as annex I> to the maximum extent possible a direct impression of the
areas where hostilities had taken place, and of their inhabitants, as well as of
the condition of displaced persons elsewhere;
(b> Meeting government officials at the highest level of central government
as well as at the level of province, district and local administration;
(c> Meeting spokesmeno f the local populations, of refugees, and of detainees;
. / . . .
, ,',,
-3-
(d) Meeting representatives of United Nations agencies and offices with
direct knowledge of the areas and populations involved, in particular, the
United Nations Relief and Works Agency for Palestine Refugees in the Near East
(UNRWA), the United Nations Children's Fund (UNICEF), the United Nations Truce
Supervision Organization in Palestine (UNTSO), the United Nations Development
Programme (UNDP) offices, and the United Nations Economic and Social Office in
Reirut (~~2330~);
(e) Meeting representatives of other international agencies working in
these areas , -in particular, the International Committee of the Red Cross (ICRC)
and a number of voluntary agencies,
‘:- (3. During his visits to the Governments in the area, opportunities have arisen to
discuss solutions to urgent problems, such as the return of displaced persons. The
presence of the Special Representative has also served to remind displaced persons,
prisoners of war and the population of occupied areas that their problems are a
serious preoccupation %o the United Nations and that efforts are being made to
alleviate their hardships.
9* The Special Representative received excellent co-operation at all levels in
the countries he visited. He was allowed full freedom of movement and given
every assistance, such as transportation and the necessary arrangements for visits.
Nevertheless, when travelling officially, in all the countries concerned the
Special Representative met with spokesmen of the civilian population, displaced
persons, prisoners of war and local authorities only in the company of
representatives of the Government. Particularly in the occupied areas it would
have been of great psychological importance and would have provided for franker
exchanges for the Special Representative and for the people to whom he spoke if
he had had the opportunity to meet and talk without witnesses to whomever he wished,
This view was conveyed to Israel government representatives, but without result,
10. Although the' Special Representative visited Jerusalem, he was not able to pay
the same attention to this city as he was to other areas, nor was it necessary for
him to do so in view of the appointment by the Secretary-General of a Personal
Representative to gather information specifically on the situation in Jerusalem
(see A/6793, s/8146).
/ ..*
J
-4-
11. The ICRC, in a spirit of full understanding and co-operation, has acquainted
the Special Representative with the work of the ICRC representatives in the Near
East area in so far as that work related to aspects of Security Council
resol&ion 237 (1967) f or which the ICRC traditionally takes direct responsibility.
On the basis of the Special Representative's direct observations in the Near East,
the Secretary-General wishes to express his great appreciation for the untiring
and selfless efforts of these representatives in their difficult and delicate task,
aimed at reducing human hardship and suffering wherever possible.
12. The Special Representative has advised the Secretary-General that he received
excellent co-operation from the representatives of the United Nations and other
international organizations referred to above, particularly from UNRWA. This
co-operation greatly assisted him in carrying out his task. The Special
Representative has also reported the great efforts being made in all the areas
he visited by a large number of international and national voluntary agencies
to provide humanitarian assistance to the civilian populations and to refugees
uprooted because of the war and living often under miserable conditions in
temporary shelters, and not infrequently without any shelter at all, This
combined effort of so many different organizations, which has greatly
contributed to a reduction of the human suffering in the wake of the war, is
much appreciated.
13. The Secretary-General takes this opportunity to express his warm appreciation
to Mr. Gussing, who has already served the United Nations with distinction on two
previous occasions, and to his two collaborators, Mr. Hubert Morsink and
Mr. Robert Prevot, for having gathered under trying circumstances the extensive
information which constitutes the basis of this report. The Secretary-General
also expresses his sincere thanks to the United Nations High Commissioner for
Refugees for making Mr. Gqssing's services available.
i
-5- /
./’
II. SAFlETy, WELFARE AND SECURITY OF THE POPULATION
IN AREAS UNDER ISRAEL CONTROL
A. Syrian area
General situation
14. In southbwestern Syria an area of some 80 kilometres long and 35 kilometres
deep is at present under Israel military control. The original population,
assumed to have been some 115,000 according to Syrian sources, and some 90,000
according to Israel sources, included 17,000 Palestinian refugees registered
with UNRWA. At the time of the Special Representative's visit, this entire
population had left the area, except for some 6,000 Druses living in agricultural
villages and for some 250 other civilians living mainly in the town of Kuneitra.
l-5. In most of this area, villages were empty, without a human being or animal
left. For instance, in the village of Kafr-Nafagk, composed of primitive houses
built of black basalt stone, sometimes with a complement of concrete, which the
mission visited, there was no sign of life. The town of Banias was in ruins
and the near by archaeological site was undamaged and.was attracting Israel
tourists.
16. In the main town of Kuneitra only a handful of local inhabitants were seen in
the streets. Of an original population of 20 to 30,000, some 200 civilians,
mostly old people and women and children, had remained, some of them carrying on
such activities as work for different military services, road repairs and "
town cleaning. The military authorities had regrouped these remaining
inhabitants in the so-called Christian quarter of the city and had appointed from
among them a Mukbtar (local government officer). The Israel authorities informed
the Special Representative that they provided the civilian population with the
necessary day-to-day assistance. The Mukhtar told the Special Representative
during a meeting which was also attended by an Israel officer that the civilian
population was satisfied with their present treatment.
17. Entirely different was the feeling of active life and peaceful existence in
the Druse*villages. During the hostilities the Druse population of the occupied
area had assembled in one village, and after the hostilities had ended they
returned to their original villages. The Special Representative visited the
* Adherents of a religious sect of Moslem origin, living mainly in
agricultural communities in mountaineous areas of Israel, Lebanon and Syria.
/ . I .
-6-
prosperous fruit-growing Druse village of Majd-el-Shamsh. The villagers stated that
the Dy-uses had not wanted to leave their area because it had not been touched bY
military operations, because they aid not want to lead the life of refugees, and
also because in line with their religion and tradition they wished to keep their
lands to safeguard their identity and dignity as a community. The Israel
authorities had already made efforts to improve their living conditions by fulfilling
requests for food and clothing, by setting up a medical clinic in the village, by
resuming postal services, by introducing a telephone exchange and by promising
assistance in food production and in the marketing of agricultural products.
18. The entire occupied area had been placed under Israel military administration.
The'military authorities were assisted in their civilian tasks by representatives
from various ministries, for instance those dealing with finance, road repairs and
transport. The military governor of the area had a budget obtained from different
ministries and in line with the specific projects envisaged. These projects were
co-ordinated at a higher administrative level.
19. In letters to United Nations bodies and in discussions with the Special
Representative, officials of the Syrian Government listed numerous complaints
regarding alleged violations of humanitarian principles by the Israel occupying
forces: these complaints, which for the most part could not be investigated
individually by the Special Representative, have not therefore been verified by him.
They may be grouped into the following categories:
(a> Atrocities committed by the Israel forces, such as the torture of
Civilians, killing of civilians after they had been forced to say that they were
members of the Syrian army or because their sons were in the Syrian army, shooting
of prisoners, execution of young men, in particular, those carrying the service-tothe-
flag booklet;
(b3 Capture of nationals suspected of having participated in the 1948 war, of
hnoce~t CiViliatlS in Several villages - in particular, of men under thirty-five
Years of age in one village and of patients in another;
(C> Rape of Women and young girls and assault and insult of religious
dignitaries;
cd> Neglect of wounded and of children separated from their parents;
(e) Intimidation and frightening of the population by such acts as
fndiscriminate shooting, burning of fields and killing of people in front of other
people;
(f) Efforts to expel the population from certain villages; deportation of
all civilians who had once served in the army and of all able-bodied Syrian young
men;
(g) Indiscriminate looting of all houses and shops in Kuneitra; seizure of
cattle and flocks of sheep. Looting, through excavation, of the historic site of
Banias;
(h) Destruction of several villages with dynamite and bulldozers after the
hostilities had ended. (Among the places mentioned are Banias, Jbeita-el-Zeit,
Kfar-Harim and Nukheila,) The last such destruction allegedly took place on
13 July;
(i) Starvation of the population.
20. It should be noted that the complaints grouped under categories (a) through
(d) above refer essentially to situations which may have prevailed during the period
of active hostilities or immediately thereafter, and therefore would have required
detailed on-the-spot investigation for each particular case. Some of the complaints
grouped under (e) through (1) refer more directly to events and situations which
allegedly continue to occur up to the present day. In letters to United Nations
bodies and in discussions with the Special Representative, officials of the Israel
Government have rejected these allegations.
Civilian population in the occupied area
21. In order to assess the conditions relevant to the safety, security and welfare of the population, the Special Representative heard the views of a wide range of
persons in both Syria and Israel, visited the refugees in their temporary shelters
in Syria, and made a tour of the occupied area. During this tour, on 7 and 8 August,
the Special Representative was able to visit the towns of Kuneitra and Banias, and
to observe, on the spot or through field glasses, the present conditions of the
Arab villages of Kafr-Nafagh, Nukheila, Kfar-Hareb, Tawfik-el-Foka and Skopia and
of the Druse village of Majd-el-Shamsh.
,
/ . . .
-8-
,
22. These field visits have. enabled the Special Representative to gather a general
impression of the situation now prevailing, to obtain an over-all perspective in
viewing this situation, and to look into a number of selected issues affecting the
security and welfare of the population in the area during the period following the
cessation of active hostilities. Several aspects of Israel policy in the occupied
area were looked into in more detail by the Special Representative during his visit.
They are: the alleged systematic efforts to expel its entire original population
from the area; the alleged wide-scale looting and the alleged demolition of entire
villages after the cessation of hostilities.
Movement of population
23* Israel sources claimed that already around 6 June (at the beginning of the war,
but before:the Israel forces moved into Syrian territory) wealthy persons and
government ,officials had started leaving the area. Once active hostilities reached
the area,'the population started moving out en masse. With regard to this
population movement, the Israel authorities put forward the view that as a result of
the widely publicized Syrian intentions concerning the fate of the civilian
population of Israel in the aftermath of an Arab victory, the Syrian civilian
population feared a similar fate at the hands of the Israel forces. Israel
spokesmen also claimed that the Syrian Governmentat that time had sent messages
warning the local population not to fall under Israel control and to move out of
the area. However, no proof of this claim (e.g., records of monitored radio
broadcasts) was given. Some persons may have left for practical reasons such as
the! desire to retain the possibility of receiving pensions or remittances from
Syria.
24. While there were strong indications that the majority of the population had
left before the end of the hostilities, reports were conflicting (or, least, not
entirely mutually supporting) as regards events after that period.
25. The Special Representative found it difficult, in such circumstances, to
determine the line between physical and psychological pressure. It is equally
difficult to ascertain to what extent an occupying force is responsible for the
interpretation which a local population may put upon its actions. This issue
has to be viewed in the context of prevalent feelings of hate, apprehension and
panic in the area.
-9-
26. Reports made available to the Special Representative indicate that the local
population felt frightened by incidents such as shooting in the air, or the rounding
up of civilians, or in one case by the staged repetition (without prior warning and
for the purpose of a film production) of how a city tias occupied by the Israel army.
As late as 29 August the Special Representative was informed by the Syrian
Government that seven or eight persons who wished to remain in Kuneitra had recently
i* been forced to leave that city and been expelled over the border. Allegedly the
Israel Government had later agreed that these particular refugees should be allowed II to return to Kuneitra, 27. The Special Representative felt that it was likely that many such incidents had taken place and that the Israel forces had not viewed unfavourably the impact of
such incidents on the movement of population out of the area. At no point during
discussions on this subject was the Special Representative ever informed of any
action taken by the Israel authorities to reassure the population.
28. Whatever the policy of the Israel Government may have been as regards the
population, it seemed clear to the Special Representative that at the local level
certain actions authorized ox allowed by local military commanders were an important
cause of their flight.
29. There are indications that providing reassurance to the frightened population
could have been of great importance. Officers of UNTSOin formed the Special
Representative that after the creation of United Nations Observation Posts people
came back, closely following the movement of United Nations military personnel.
(On the Syrian side of the observation line the Syrian military command did not
stop civilians from approaching the buffer zone and seems to allow them to return
freely.) Furthermore, in spite of the fact that United Nations Observers had advised
the population against working in the fields in the buffer zone, some individuals
continued to try to do so, most probably feeling reassured by the United Nations
presence, 30. At the time of the Special Representative's visit, several persons, Syrian and
non-Syrian, were held in detention in Kuneitra, including some Israel soldiers
sentenced to imprisonment for looting. During his visit and in his presence, a
recently arrived team of the International Committee of the Red Cross obtained
confirmation by the military governor of the permission for the ICRC to visit the
/ . * .
detainees in prison, who had already been visited by their predecessors. Since then
Lebanese civilians among those detained in Kuneitra have been returned to their
homes in connexion with the exchange of prisoners of war.
Looting
31. Although reports from Israel sources indicate that Kuneitra was taken without
fighting, the Special Representative observed all over the city that nearly every
shop and every house seemed to have been broken into and looted. A visit to one
apartment building confirmed the thoroughness with which the looting had been done,
and showed that in some cases dwellings had..been set on fire after looting had
occurred.
32. Israel spokesmen did not deny the looting but pointed out that looting is often
associated with warfare. They also claimed that the Syrian army had announced the
capture of Kuneitra twenty-four hours before it was actually taken by the Israel
forces and that this would have allowed the Syrian army to loot the town for this
period of time.
33. They pointed out that several divisions, both Syrian and Israel, as well as
fleeing population from villages closer to the Israel border, had passed through the
. city of Kuneitra during and after the hostilities. However, on the strength of
reports received from different sources, the Special Representative felt reasonably
sure that the responsibility for this extensive looting of the town of Kuneitra lay
to a great ext&it with the Israel forces, and he expressed this view to the Israel
officials .accomp'&ying him du,ring his tour of the city.
34. Syrian authorities in their statements attached special importance to the
looting in the occupied area and particularly in the historic site near the town of
Banias. These statements, addressed to the United Nations, to UNESCO and to several
embassies, persistently alleged
historic treasures.
"excavations' and "international robbery" of
The Special Representative, during his extensive tour of the
site, could find no trace of any recent digging in those parts of the site that were
shown to him.
/ . . .
Demolition of villages
35. The Special Representative visited several of the villages mentioned in Syrian
complaints which alleged destruction by dynamite or bulldozers and implied
premeditated demolition for non-military reasons. He visited the heavily damaged
town of Banias. Pieces of heavy artillery visible among the ruins, and the detailed
description by senior officers of the Israel forces of the route of military advance
in the area, left him reasonably sure that the vast destruction had been caused
mainly during actual fighting and to some extent after the fighting had ended by
the military necessity of blowing up structures on the point of collapsing or which
possibly still contained unexploded ammunition or mines.
36. Because of mined roads, the Special Representative observed through field
glasses the partly destroyed village of Nukheila, west of Banias. Its destruction
could be explained by similar military reasons.
37. In late August demolitions were reported in the village of Kafr El Maa, which
lies within the buffer zone east of Lake Tiberias. South of the lake the Special
Representative observed through field glasses the entirely destroyed,village of
Tawfik-el-Foka and the heavily damaged village of Kfar-Hareb. The two villages,
which formed part of a chain of military fortifications, were located on a military
advance route, and heavy fighting had allegedly taken place in both. It was pointed
out to the Special Representative that the near by village of Skopia had not
suffered damage, since it was not iocated on the route of the advance of the Israel
military forces.
38. To sum up on the question of the destruction or demolition of villages and
towns, the Special Representative felt that the localities he observed, including
three of the four persistently mentioned in Syrian complaints, did show vast
destruction, but that'this destruction could largely be attributed to military
operations.
39. In connexion,with his tour of the occupied areas of Syria,.'the Special
Representative also paid visits to the Israel frontier kibbutzim of Gadot, Lahavot ,:
Habashan and Tel-Katzir and the small locality of Ashmora, all of which were said
to have been shelled during the war. He was informed by the Israel authorities
that during the war over 1,000 shells fell in the kibbutz of Gadot alone.
,/..*
-12-
.-
,’
,’
B. Jordanian area
General situation,
40. The area of the Hashemite Kingdom of Jordan now under Israel military control, .
which isbounded by the Israel-Jordan armistice demarcation line and the river
Jordan, is commonly known as the West Bank. The population was approximately
600,000 to 700,000, including the Jordanian sector of Jerusalem, plus about
430,000 TJNRWreAg istered refugees , or a total of about 1 million to 1.1 million
persons', During and after the fighting an estimated 200,000 persons left for the
East Bank. In addition, a substantial number of persons were displaced within the
West Bank area.
41. The West Bank area came under Israel military administration after the
: hostilities, while'the Jordanian sector of Jerusslem and some surrounding areas
were promptly incorporated in the Israel municipality of Jerusalem.
42. Complaints by the Jordanian authorities relevant to the safety, welfare and
security of the population of the West '+nk could not all be investigated in detail
or verified by the Special Representative". .,They can%e grouped into the following
categories: ".
(a) Efforts to expel the population from the area;
(b) Acts of deliberate intimidation, terror and oppression of the population;
(c) Atrocities against civilian populations;
(d) Demolition of houses, buildings and entire villages after hostilities had
ended;
(e) Looting;
(f) Use of napalm and fragmentary ,bombs during the fighting;
(g) Limitations and conditions put up by Israel and impeding the free return
of all refugees;
(h) Inhuman treatment of -prisoners of war.
43. Israel has eithe_r, ...r ejected these complaints as unfounded, or has put forward
its views on them, particularly as regards demlition of villages.
44. Before proceedingtothe West Bank, the Special Representative paid a first
visit to Ammano n 18, 19 and 20 July, The discussions between the Jordanian
Government and the Special Representative were almost entirely devoted to two
/ *..
-13-
problems of particular concern to the Government; namely, the . provision of adequate
relief to those persons who had fled to the East Bank as a consequence of the June
hostilities, and their return to the West Bank. In this connexion the Special
Representative visited a number of refugee camps on the East Bank which were
providing temporary shelter for the displaced persons.
45. ,During several tours of the West Bank, the Speciel Representative visited the
towns of Nablus, Q,alqUiya, Bethlehem and Hebron, as well as a number of villages
and refugee csmps. During these visits contact was made with the Israel military
authorities and their advisers concerned with the restoration of normaL civilian
life, and also with Arab representatives of local government bodies and spokesmen
for local econom3.cin terests, the Moslem religious authorities and the refugees.
Efforts to eael the population
46. In letters circulated to the Security Council (e.g. S/7975, S/&04, s/8110,
s/8115 and s/8117), Jordan 'dc omplains in general terms about Israel attempts to
create "yet another Arab exodus" , and in precise detail ibout the exculsion of,
specific numbers of inhabitants and about intimidation of the population,
for example, by dynamiting houses in Nablus.
47. These complaints raise two distinct but related issues: the alleged Israel
attempts to create another exodus to the East Bank, affecting the whole West Bank
population, and the expulsion of populations from specific localities on the West
Bank (which were subsequently demolished), whether or not the populations involved
in. fact moved to the East Bank.
48. On the first issue, affecting the West Bank as a whole, the Special
Representative finds difficulty in defining what constitutes "expulsion" or "use of
force" in relation to the movement of populations. During his visit to the area,
the Special Representative received no specific reports indicating that persons had
been physically forced to cross to the East Bank. On the other hand, there are
persistent reports of acts of intimidation by Israel armed forces and of Israel
attempts to suggest to the population, by loudspeakers mounted on cars, that they
might be better off on the East Bank. There have also been reports that in several
localities buses and trucks were put at the disposal of the population for travel
to the East Bank.
/ . . .
-14-
49. During his visits to several refugee camps on the East Bank, newly displaced
-persons consistently informed the Special Representative that they had left the
West Bank under pressure and that they had suffered many atrocities.
$0. The truth seems to lie somewhere between an Israel statement that "no
encouragement" was given to the population to flee, and the allegations about
the use of brutal force and intimidation made by refugees. The inevitable impact
upon a frightened civilian population of hostilities and military occupation as
such, particularly when no measures of reassurance are taken, has clearly beer! a
main factor in the exodus from the West Bank.
Demolition of villages
51* More specific details are available concerning th? second category of persons
displaced by Israel military forces in connexion with tre demolition of certain
villages and towns. Jordanjan complaints submitted to th? Security council claim
that 12,000 people from Qalqiliya were lzving in the open d.r around 22 June,
that the villages of Beit Awa and Beit Mersim as well as thrte villages in the
Latrun area had been levelled, leaving 5,000 to 7,000 inhabitcnts homeless. The
Special Representative has been able to gather information cove-ing those and
other localities mentioned in other Jordanian complaints submittt't directly to
him.
Qalqiliya
52. Qalqiliya was a town of some 13,000 to 14,000 inhabitants located weit of the '
: city of Nablus and near the Jordan/Israel border where a large number of hc!ses
' have been destroyed.
53. Israel, in a letter to the Security Council (S/8013), mentions that Qalq.?j,ya
was one of the concentration points of the Jordanian general attack on Israel
and that large numbers of troops and artillery pieces were located in and arounr
the town from which shelling of Tel Aviv and Israel villages took place. The
letter states that the inhabitants left before the arrival of the Israel troops,
that only houses in which Jordanian troops were found were damaged and that since
the end of the battle no further buildings had been destroyed. In support of the
statement that destruction had been caused by actual fighting, reference is made
-15-
in the Israel statement to the nearby town of Tulkarm where allegedly no damage
was done since no fighting took place there.
54. During a visit by the Assistant to the Special Representative, the Arab
Mayor of Qalqiliya stated that most of the people had left the city and taken
cover in the hills before and during the fighting and that about one quarter of
the population had remained in the city. After the occupation of the city by
the Israel forces, the remaining population was advised by the Israel Military
Commander to leave. The Mayor asserted that up to that moment, perhaps some
fifteen to twenty houses had been destroyed or damaged through actual fighting.
The population was taken to the town of Azun, twenty kilometres from Qalqiliya;
from Azun they left for Nablus, where they stayed for about three days, when
they were told they could go back. But when they were going back they were
stopped in Azun. The Mayor requested and was allow,ed to see the Minister of
Defence in Jerusalem; three weeks after they left their city, the population was
allowed to go back to Qalqiliya. Upon their return they found that out of a 3
total of some 2,000 dwellings approximately 850 had been demolished. The Mayor
repeatedly stated that he did not know the reasons for this large-scale
d' destruction.
55. The Israel military governor stated that the destruction had been caused
,i* partly by tanks and part.ly by dynamite. He stressed that Qalqiliya "fought",
by which it was meant that there was general resistance to the Israel military
forces, and that it was the first Jordanian town taken. Houses from which
sniping took place were dynamited. Others were destroyed for "safety' reasons,
e.g. houses on the point of collapsing and possibly containing unexploded
ammunition, or for sanitary reasons, e.g. because of the presence of dead bodies.
Fear of the possible collapse of houses was also given by the military governor
as a reason why the population was not allowed to return for some time.
56. The military governor said that he was willing to support the population in
their plans for reconstruction and that he had already taken measures to get
food supplies to the city and to get shops opened again.
.; 57. The city was heavily guarded.by Israel military personnel and no signs of
f
friendly contact between local inhabitants and the occupying forces were observed.
-16-
Villages in the L&run area
58. In the Latrun area are located the border-line villages of Emwas, Yalu and
Beit Nuba, together containing a population of some 4,000 according to Israel
information, and 10,000 according to information from the refugees. In the same
area are located the villages of Beit Likquia, Beit Sira and Beni Hareth, with an
estimated total population of 3,300. The first three villages mentioned have
been destroyed.
59. An Israel lis,ison officer stated that the destruction had taken place mostly
during the fighting, that the Jordanian Army in the area had been assisted by
one battalgon of Egyptian commandos, that the area had been heavily shelled, that
fighting had gone on all through the night and that tanks had gone through the
villages because these are located on the way from Tel Aviv to Jerusalem.
60. The Israel Minister of Defence, in his meeting with the Special Representative,
stated that he had ordered the destruction of these damaged villages for strategic
and security reasons since they dominated an important strategic area.
61. According to one of the military liaison officers assigned to the Special
Representative, the State of Israel had informed the representatives of these
three villages that it would help their population "to develop other areas".
62. According to accounts from displaced persons, the Israel forces entered the
three villages of Emwas) Yalu and Beit Nuba at 4.30 a.m. on 6 June and called the
inhabitants to assemble, after which they were ordered under threat to leave in
the directton of Ramallah. They were joined on the road by people from the "second
line" villages of Beit Likquia, Beit Sira and Beni Hareth. After three days they
were told that they could go back but they were allowed to reach the 'second line"
villsges only. Those who wanted to go on to Emwas , Yalu and Beit Nuba were turned
back. They then returned to Ramallah and some of them went to the East Bank.
63. According to the same sources, those who stayed behind in and around RamallXQ$'
or in the "second line" villages persisted in their demands to the Israel Commander
that they should be allowed to return to their homes. After two days, the
Commander of the Latrun area came to Ramallah and net with representatives of the
displaced villagers , who were informed that 70 per cent of their houses had been
destroyed but that arrangements for their return could be made if they so desired.
They were also told that there was a need for their labour in order to cultivate
/ . . .
-17-
the extensive monastery lands in the Latrun area. The representatives of the
villagers replied that their people wanted to go'back, even though their houses
had been destroyed.
64. According to the information available to the Special Representative,
however, these displaced villagers had not yet been able to return. They felt
encouraged, apparently, by the Israel decision to allow the people of Balqiliya to
return.
65* As regards the "second line" villages, to which the population has now been
allowed to return, the situation can be summarized as follows:
(a) At Beit Likquia out of a pre-war population of about 2,000, including
fifty UNRWAre fugees, 3C0 had left for unknown destinations (probably the
East Bank). Five hundred had come from the above-mentioned frontier villages;
these people, who were living in houses, schools or under trees, wanted to go
back. The food situation was under control, although there was a slight shortage
of water.
(b) At Belt Si ra, where there was a pre-war population of 1,250, about 1,COO
had remained. Two hundred and fifty additional Fersons had come from the three
above-mentioned villages.
(c) No information was available as regards Beni Hareth, which consisted of
a few houses only, Both UNRWaAn d the Lutheran World Federation were providing
emergency relief to the populations now living in these "second line"
villages.
Hebron area
66. At Beit Awa in the Hebron area (original population some 2,500 persons), out
of some 400 houses, more than 90 per cent have been completely demolished and the
remainder partly damaged. A second village in the area, Belt Mersim (original
population approximately 500), was completely destroyed.
67. The Special Representative visited Beit Awa on 11 August. The Arab Mukhtar
stated that Israel troops entered the village on 11 June at 5.30 a.m* The
inhabitants were then asked to take two loaves of bread and to go to the hills
surrounding the village. At 7.30 a.m. the Israel troops started to demolish the
houses with dynamite and bulldozers. Groves around the village were burnt. The
/ . . .
-18-
/I
belongings of the inhabitants were also burnt since they were unable to take them
along. The population stayed in the hills for a week. They were then authorized
to return by the military governor. Cut of the original population of 2,500,
some 300,had left for other areas.
68. The Mukhtar said he presumed that the reason for the demolition was that the
Israel authorities believed that there were members of the "El Fatah" organization
coming from the village. He claimed that members of this organization used to
pass through the village but did not live in it and that the inhabitants never
co-operated with them. In this connexion, the Israel authorities informed the
Special Representative that this village was an "El Fatah" base where members
of this terrorist organization used to stay overnight and where they received
ammunition and supplies.
69. The Israel military liaison officer informed the Special Representative
that a decision had been made to rebuild the village but that it had not yet been
decided whether this would be done by the Government alone or with the help of
voluntary organizations. In principle, he said that the Israel authorities were
going to supply technicians and provide cement to help in the rebuilding of the
houses. The Mukhtar said that the Israel authorities had promised them all this,
but that so far nothing had been.received.
70. In Beit Mersim, located fifteen kilometres from Beit Awa, a similar situation
prevailed, according to the Mukh-tar of Beit Awa.
71. Some other villages where destruction had allegedly taken place were Beit
II10 (near Ramallah), Kharas, Sourif and Edna. According to the Israel military
liaison officer, only the village of Belt 1110 had suffered some war damage, while
the villages of Kharas and Edna had not been touched. According to one of the
villagers of Beit Awa, eighteen houses had. been demolished in Sourif.
Number of homeless -persons
72. As regards the number of people from the town of Qalqiliya and from the
villages located in the Latrun and Hebron areas, rendered homeless for a shorter
or longer period, the situation can be summarized as follows:
(a) In the Latrun area at least 4,000 persons from the front line 4
villages of Emwas'Y, alu and Beit Nuba had not yet been allowed to return to their
/ . . .
-agvillages.
About 3,300 persons from the "second line" villages of Beit Sira,
Reit Likquia and Beni Hareth had been allowed to return.
(b) In the Hebron area 3,000 persons had been allowed to return to Beit Awa
and Beit Mersim.
(c) Qalqiliya. According to the Arab Mayor, about one quarter of the
total population of approximately 14,000 stayed in the town during the
hostilities. Thus a maximum of some 4,000 persons might have remained and been
ordered out by the Israel military authorities after actual fighting had ended.
Houses destroyed belonged both to this grouD and to the persons who left
before complete, or partial destruction of the 40 to 5O‘ger cent of the housing
had taken place, The populations had been allowed to return, but it was not
known how many actually did return,
Looting
73. There are Jordanian complaints about alleged looting "of everything” found
in banks by Israel occupying forces* This allegation has been rejected by Israel
as "unfounded"r During h%s tour of the area, the Special Representative was
informed by Israel spokesmen that in fact Israel had taken away the bank books
and money found in the banks, but against duly signed receipts and for the sole
purpose of making a systematic check on the situation of these banks at the time
Israel took over control of the area.
74. Jordanian complaints also allege looting of commercial stores, houses, the
hospital in Nablus and the theft of church jewellery from the Church of the Holy
Sepulchre in Jerusalem. According to press reports, the latter items had been
found and restored. The Special Representative received the specific Jordanian
complaints about looting only after his visit to the areas concerned and was
therefore unable to look into the alleged .looting of the Nablus hospital.
75e The Special Representative also received reports concerning looting in
Jerusalem by Israel miLLta.ry personnel, including cars) vacant houses and shops.
Since the alleged events took place, some two months before the arrival of the
Special Representative, it was difficult for him to form a firm opinion about
these allegations.
/ . . .
-2o-
74. The Assistant to the Specz$l Representative, during his visit to the hospital
of Qalqiliya, was informed by the doctor in charge that the X-ray machine, the
operating table, overhead lights and other equipment in the operating theatre, as
well as stocks of hospital linen had disappeared. Israel officers present during
the tour of the hospital stated that the Israel authorities had promised to
provide the hospital with a new operating theatre.
77. Israel spokesmen informed the Special Representative on several occasions
that the Israel authorities had taken measures to prevent looting and to stop it
when it occurred, including the court martialling of army personnel caught in
the act of looting.
-21-
Economic and social conditions and needs
78, Views on the economic and social conditions of the civilian population on
the West Bank were conflicting. According to statements by spokesmen of the
Jordanian Government, the economy of the area was paralysed, there was a
threatened shortage of food approaching a situation of famine for the population,
there was no circulation of money owing to the confiscation by occupying forces
Of cash on hand in the Jordanian banks which were closed for business by these
forces, and moreover, confiscation of property has taken place. The Jordanian
Views of the situation are presented in more detail in statements presented by the
Jordanian Government to the Special Representative. These statements are attached
as annexes to this report (see annexes II to IV).
79. The Israel views on the situation, set forth in statements also attached as
annexes to this report, stress the speedy return of normal life in the occupied
area and the measures taken by the Israel Government to facilitate and encourage
this process in relation to local government, currency problems, price levels,
employment, the reactivation of agriculture, industry and commerce, the
re-establishment of basic services such as electricity, water, communications and
transportation, and the resumption of services in the fields of health, education,
welfare and religious and judicial life.
80. The Special Representative was not able, in the time at his disposal, to
assess completely the social and economic situation prevailing on the West Bank or
to establish a complete review of measures taken by the Israel Government, and even
less to analyse all the implications of Israel measures taken so far. He has been
able, however, to obtain an impression on these points by direct observation
during his visits to the main West-Bank towns of Hebron, Bethlehem, Nablus and
Qalqiliya, and through detailed and specific discussions with representatives of
the local population and of the Israel authorities.
81. The information gathered in this way is presented here classified according
to main items relevant to the situation prevailing in each of the four towns,
Since these situations differ, not all subjects are covered for each town.
Secondly, because of the variations in the time at the disposal of the Special
Representative in each town and the differences in background and knowledge between
/ . . .
-22-
the spokesmen consulted, the information is more complete on some subjects for
some towns than for others.
Qalqiliya
82. The information concerning Qalqiliya, which was visited by the Assistant to the
Special Representative on 12 August 1967, was as follows:
(a) Local government. The Arab Mayor stated that the employees of the
municipality had returned to work and that the municipality had received
4,000 pounds from the Jordanian Government and 3,000 pounds from the Israel
Government and that he was expecting more funds from the Israel Government.
He~st‘ated-'that it was necessary to'sti-engthen the budget of the municipality
'to carry out the reconstruction.of this largely destroyed city. Moreover,
additional funds would be requir'ed once the agricultural season began. SO
far, he said, no plans had been made regarding reconstruction, but a budget
had been submitted to the Israel authorities. The legal-edviser to the Israel
military governor stated that in a few days the municipality would receive
3 long-term loans to help the 'shopkeepers to start buying goods. According to
the Mayor, the main problems facing the city were the financing of the budget
and the general shortage of money. '
'(b) Eank.9~ There were no branches of Israel banks in the area.
(c) Basic amenities. The Mayor stated that the Israel Government had
helped in restoring of the water and electricity.systems.
(d) Food. Food was provided by UNRWA, For the first month UNRWA supplied
food to everyone; as from the second month, no rations were issued to those who
had their own means.
(e) Shelter. Some of those whose houses were destroyed are at present
living with relatives or outside Qalqiliya (in Nablus, for instance) or in their
former houses in Qalqiliya, where they had covered the destroyed parts with tents.
About 200 tents were distributed by the Israel Government and about 30 by UNRWA.
The tents provided by the Israel Government were cut into pieces and shared by
several families in order to cover damaged parts of their houses. The Mayor
stated that there were no official plans to reconstruct the town but that he had
read in newspapers that the Israel Government intended to carry out the
reconstruction.
I . . .
-23-
(f) Education. The Mayor stated that the schools would be functioning. He
had heard of teachers elsewhere who had been asked to fill in a special form
before resuming their work, but this had not happened in Qalqiliya.
(g) Health services. The Mayor stated that when the population returned to
Qalqiliya there were a number of human and animal remains in many places; the
Health Department proceeded to their removal and to a disinfection campaign. A
medical doctor was now visiting the city twice a week, but the Mayor considered
the present health services inadequate. He would prefer that the doctor be
permanently stationed in Qalqiliya. The UNRWA hospital was still functioning,
but without its previous operating theatre, as stated elsewhere in this report.
(h) E conomy. The main source of livelihood for the 12,500 non-UNRWA
residents was agriculture and remittances of money from those who emigrated to
other countries. Agriculture was being resumed since no fields were destroyed.
However, there was a problem of unemployment. Through the Israel Government
about 120 workers were now working on cleaning the town.
(i) Confiscations. The Mayor stated that no goods or properties had been
confiscated in Qalqiliya.
Nablus
83 0 The information regarding Nablus, visited on 24 July, may be summarized as
follows :
(a) Curfew. There was a curfew throughout the area from 7 p.m. to 4 a.m.,
when farmers start going to their work,
(b) Municipality. An Israel spokesman said that the Israel military
authorities had authorized the head of the municipality to run the services
himself and that they had given him the practical possibilities to do so by
providing supplies and assistance. The Mayor was the elected Arab Mayor of the
city who did not leave the city during the hostilities.
(c) Police. The police force was operating and consisted of about .
eighty-five policemen in Nablus only. Those who were found were all remobilized
,and back on duty. They were wearing uniforms, and the Israel authorities had
supplied them with weapons tq safeguard the town against looting.
/ . . l
(a) Employment of government officials. According to an Israel official,
there were 1,300 teachers in the district of Nablus. All of them would receive
their salaries. Moreover, salaries were also being paid to policemen, tothe
staff of government hospitals, and to the personnel of post offices. In
principle, all officers working for the administration would be paid. The
Israel official stated that already some 350 workers were working in the projects
of the municipality, such as construction of municipal roads and new buildings.
The Arab Mayor stated that even though the present Government was paying most of
the teachers, unfortunately most of the other departments had not yet received
any money, from either the Jordanian or the Israel Government. This situation,
in his opinion, affected "thousands of people", many of whom were coming to see
him daily about their problems. He mentioned in this connexion t,he Department of
Land Registry, the religious courts, the pension office, the civil law courts,
etc., which were located in Nablus and served the wider Nablus district. The
Israel spokesman stated that the Israel authorities did not know about the
existence of these offices and their specific tasks. According to their
information, there were about twenty-one government departments in Nablus, and
payment of salaries to their officers was now beginning, except for some civil
servants who were felt by the Israel authorities to be redundant.
(e) Banks. According to an Israel official, the banks were functioning.
(f) Basic public facilities. An Israel spokesman said that the
electricity supply had not been interrupted; postal and telephone services were
operating.
(g) 'Water. According to an Israel spokesman, the water pipeline was blown
up during the fighting and was being renewed. In midsummer it was usually dry
in Nablus, and the city needed water from outside.
(h) Food. An Israel spokesman said that the Israel authorities supplied
the most essential things which were not in stock in sufficient quantity in
Nablus, such as flour. In some villages around Nablus there was no flour either.
The Israel military authorities told the village Mukhtars that they could bring
their problems before the municipality in the areas in which their villages were
located, and through the Mayors the population had been supplied with flour.
There was no problem of starvation whatsoever. The Arab Mayor stated that there
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.“j,
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was enough food but the population lacked the money to buy it and that the
municipality had started to give help to about 16,000 people in Nablus city
alone (out of a total population of 75,000 to 80,000).
(i) Health. According to an Israel spokesman, hospitals were operating.
The Israel authorities gave the head of the municipality the power to run the
services in town, including the health services. The Arab Mayor stated that the
medical services were working, but not as they used to. Some of the personnel of
the clinics and some of the manual workers had left, some of the instruments had
been lost, and there was not as much transport as was needed. Moreover, apart from
the traditional medical services, there were some special projects, such as a
malaria eradication project and a tuberculosis centre and a maternity and child
health programme, all of which had come to a standstill. The Arab Mayor stated
that the municipality had discussed 'these problems with the Israel authorities
who showed "an eagerness to co-operate" and that weekly meetings had been arranged
with the health authorities in Jerusalem.
(A) Agriculture. According'to an Arab spokesman (formerly Minister of
Agriculture in the Jordanian Government), at least 50 per cent of the harvest in
the Nablus area was destroyed during the war. However, an Israel agricultural
specialist felt sure that more than 80 per cent of the crops of the area had been
saved. After hostilities ended, the Israelis had proceeded to the harvesting of
abandoned crops; in the case of wheat, to prevent it from burning out; in the
case of tomatoes and melons, to avoid rotting. Surplus perishable agricultural
products had been sent to Israel canning factories. He stated that the Israel
authorities had assisted local agriculture, first, by doing this emergency
harvesting, sometimes using machties brought in from Israel, and secondly, by
assisting in the sale of agricultural surpluses to industries in Israel now' that
the usual export outlets to countries like Kuwait had been closed. In addition
the authorities would be willing to supply seeds for the new agricultural season.
Arab spokesmen stressed the difficulty of resuming agricultural activities because
of the great number of people who had left for the East Bank. Difficulties would
soon be felt when the olives had to be picked. They felt that the reduced labour
force would lead to a reduction of agricultural -production which would result in
a shortage of food in the area. The Israel agricultural spokesman said that the
Israel authorities had started to prepare plans for the next agricultural season and felt sure that they would be able to plant all the areas where no war damage
had been done, He was surprised to hear that there was so much concern about the
alleged shortage of agricultural labour‘.
(k) c ommerce. All marketing had been arranged as from the first week after
the war, according to an Israel spokesman. During the war the'Israe1 military
authorities stopped all traffic. The day after the war traffic resumed with
private cars. Commodities which were lacking were brought in from Israel. The
,Israel authorities arranged for the sale of 'manufactured products from Nablus in the Arab part of Jerusalem. However, the Arab Mayor stated: 'The commercial
situation is a little better but is not what it should be."
(1) Shops. An Israel spokesman said that shops were open; everything was as
before. A few of the shopkeepers had left, and some others kept their shops
closed. Some travel agencies had closed down because they had no business. He stated: 'We give all the opportunities, but it is up to the municipality.". He drew attention to the fact that much~~tourist trade was now coming from Israel. The
Arab Mayor stated that a large number of shops had opened and that a large number
of Israelis had started to come to the area,,,and were buying; but apart from these
visitors, there were no tourists of the usual kind,
(m) Price level, According to an Israel spokesman, prices generally were
going up, but compared with Israel prices in Nablus were lower as the local
standard of living was lower.
(n) Unemployment situation. The Arab Mayor indicated that there was a problem
of unemployment affecting a large number of labourers. This was unusual as, before
the war, there had been no unemployment during the summer season but only in winter,
He declared that unemployment was felt in all sectors of the economy and gave as
examples both private and public building.and, related to this, unemployment in
many industries, such as ironwork and furniture, in which a large number of
labourers worked. Unemployment was also found, for example, in dressmaking, he
observed. According to an Israel official, soap factories in Nablus were resuming
work gradually and would again provide employment to about a hundred workers.
(0) Unemployment relief. An Israel official said that efforts were being
made to relieve unemployment in the area, especially through the initiation of
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/ . * .
public works. Many roads were being repaired, and there were plans to enlarge
other roads, These works were expected to absorb hundreds of labourers. Moreover,
the military authorities had asked the municipality to operate projects which had been planned before the war, If the municipality needed money to start the PrOjectS, the Israel Government would be ready to give it and had in fact already
done SO to some extent. Many people were working on these projects, which
included the reconstruction of the pipeline, road construction and road repair,
and the continuation of construction work on schools, hospitals and other public
buildings,
(p) Looting. An Israel official said that there had been complaints about
the looting of shops at night. The Israel defence forces had been able to catch
the looters, who had been tried before a military court, since breaking the
curfew and looting ware military offences.
Bethlehem
84. The information concerning Bethlehem, which was visited on 11 August, was as
follows:
(a) Municipality. The Mayor of Bethlehem informed the Special Representative
that the services of the municipality were running 100 per cent, Some projects
were being carried out with the help of the Israel Government. Salaries for the
month of June had been paid. As regards July salaries the Mayor had roughly half
of the amount required available for payment, Approval of the budget was expected
for August and September. As soon as the budget was approved, work could be given
to another 155 municipal workers,
(b) Banks. He stated that all money was frozen in the banks and that there
was no liquidity. oniy one Israel bank had opened, with very limited transactions.
Ihe Mayor had been informed that efforts were being made to obtain funds from
London to reopen the Ottoman and British banks in Bethlehem, which were still
closed,
(c) Food. Immediately following the end of hostilities, there had been a
shortage of flour, but new supplies had arrived within a few days. There were no
food problems.
j.. ,
(d) Education. The Arab Mayor asserted that schools would be opening in
September. Most of the teachers were from the area.
(e) Health, Th' e Arab Mayor remarked that the health situation was good and
that hospitals were working.
(r) Courts. There were no problems, according to the:<Arab Mayor.
(d E Bethlehem's main scurce of income was tdurism, but foreign
conomy.
tourists had stopped coming. The head of the department of tourism in Jerusalem
had promised to give the fullest attention to this point. The Israel military governor stated that Bethlehem could not exist without tourism coming through
Israel'and that therefore it was in the economic interest of the local population to co-operate with the Israel authorities.
(h) Employment. The Arab Mayor stated that there were some "jobless" but
that road construction works were going on. However, construction on the
Bethlehem-Jerusalem road, involving some forty to sixty employees, had been
interrupted because the contractor had disappeared.
(i) Movement of population. According to the Arab Mayor, there were three
camps of Palestinian refugees in the ,area, with e total refugee population of
some 20,000. About 30 per cent of them had left, Very few of the local residents
of the Bethlehem area had left, however.
Hebron
85. As regards Hebron, which was also visited by the Special Representative on
11 August, the information received by him may be summaried as follows:
(a) Municipality. The Arab Mayor informed the Special Representative that
the officials who originally were working with the Government had all been
re-employed except for about 20 per cent who had to be terminated upon the request
of the Israel authorities.
(b) Food. Immediately after the war, basic commodities had been gathered
together, and the municipality, together with the chamber of commerce, had carried
out an inventory of stocks, The Israel authorities had supplied flour and fuel,
of which there was a shortage.,
(c) Education. Schools would reopen on 1 September. Some teachers, mainly
those who had been recruited from outside the area, had left. The places of
teachers Who did not return would be filled by university students.
/..i
(a) EcononUr, The main economic activity in the region was fruit-growing.
The Mayor observed that at present it was not possible to export fruit to the East
Bank and that, moreover, it was not possible to send trucks to the Jericho area on
the West Bank. Secondly, a large number of people from the area used to work in
the Arab peninsula and to send money home or to come to Hebron themselves for
holidays and thus spend their earnings but they were no longer doing so.
(4 C ommerce. He stated that except for the absence of imports, commerce
was going on normally. Before the war a large number of merchants hadplacedorders
through Amman for all sorts of goods which were now waiting in the port of Aqaba,
and the merchants were now unable to bring these goods to Hebron* During his
subsequent visit to Amman, the Special Representative took this matter up with the
authorities there, who informed him of their willingness to seek a satisfactory
arrangement for the merchants concerned.
(f) Employment. From the point of view of manpower and employment, there
were no difficulties in the agricultural sector nor in other sectors of the economy,
where work and life were continuing normally,
(g) Confiscations. The Israel custodian of absentees' property had seized
the houses of those who were away since the houses were empty. However, in some
cases the inhabitants were only temporarily away on a visit to Amman. In other
cases, when a relative of the owner had been present but not the owner himself,
the property had still been considered as'absentee property by the Israel
authorities,
(h) Abraham's Tomb. The Mufti informed the Special Representative that
Moslems had at first been forbidden to go and pray in the main mosque, built over
Abraham's Tomb, They had protested, and the Israel Minister of Defence had to
discuss the matter directly with them. It had been agreed that the Moslems would
conduct their prayers at certain hours, while other hours would be reserved for
visitors, An Israel officer explained that the difference of opinion arose from
the fact that the shrine of Abraham's Tomb is equally holy to Moslems and Jews.
The latter were now allowed to pass through the mosque.
(5) Moslem religious courts. The Mufti also declared that the main chiefs
of the Islamic community had met and decided to appoint one of their number to
represent them in Jerusalem and deal with the Israel authorities. Any relevant
/A*
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Israel order8 were now received through this representative. No difficulty had
been encountered in carrying on the normal Moslem legislation and court affairs.
(j) Movement of population. The Mayor mentioned that before the entry of
the Israel troops, an agreement had been reached that no fighting would take place
in this area, and that in fact no fighting had taken place. Yet when the Arab
Legion withdrew from the area, people began to flee. Approximately 15,000 to
18,000 out of a population of 150,000 in the area had left. The majority had
left before the arrival of the Israel troops; some were still leaving. They had
left of their own free will without any pressure from the army. Many had come
back, and about 90 per cent of all those who had gone would like to come back. The
army treated the population well. There were about 50,000 Palestinian refugees
in the area, out of whom approximately 10,000 left. (Forty per cent of the
refugees lived in camps.)
86. The above data from various sources seem to indicate that as a result of the
hostilities the general economy of the West Bank came to a standstill. Trade
between the West Bank and the East Bank was suspended; banks were closed, and
credit facilities had been withdrawn. Many businesses were closed, and employees no
longer received their salaries. The general impression was that food had soon .
become available, but not the money to buy it. The three major problems facing
the economy were lack of liquidity, unemployment, and changing price levels.
87. The Israel Government assured the Special Representative that it had taken
initial measures to restart the West Bank e,conomy$ including the purchase of West
Bank agricultural surpluses formerly exported to East Jordan and to other Arab
countries, to re-employ former Jordanian Government and municipal employees,
including teachers, as well as to create employment by public work projects, and
to authorize some Jordanian banks to reopen and create branches of the Bank of
Israel in the principal West Bank centres,
88. An economist, a member of the Israel planning committee for the development of
areas under Israel control, stated that at the beginning the idea had been to do
whatever Israel could do to maintain the existing price levels in the occupied
area. However, it was found that it would be impossible to operate separate customs
controls for the West Bank and for the Gaza area and that in general,it would be
physically impossible for Israel to ensure a complete separation between the
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economies of the three areas, Therefore, at a later stage, a more
flexible policy was adopted accepting the idea that in principle there would
have to be an adjustment of the level of prices between Israel and the occupied
areas. Thinking then focused on measures to ensure a gradual adjustment so that the
shock would not be too great. Such a gradual adjustment would be obtained by
ensuring an effective rise in salaries and in the purchasing capacity of the
population, in order to nullify the negative effect of the rise in price levels.
In this connexion it was found that opening the area for Israel tourists would
allow the population to sell whatever they had to sell, which in turn would
increase their purchasing power,
89. According to the same spokesman, a representative of the Israel National Bank
Went to discuss the rate of exchange of the Jordan dinar with the International
Monetary Fund (IMF). The Pund had reservations regarding Israel's rate of
exchange for the dinar. Israel informed the IMF of its readiness to modify the
rate of exchange, provided that the convertibility of the dinar would be
guaranteed for the future. Mereover, Israel was willing to let the local Arab
banks resume business if the Jordanian banks transferred back all the balances being
held in Amman. The ?24F discussed this with the Jordanian authorities. These
,'
authorities drew up a list of proposals which, Israel felt,amounted to. putting
Israel in a situation where the economy of the West Bank would be run from Amman.
Therefore, Israel decided,as a unilateral act, to raise the rate of exchange of the
'Jordan dinar (and of the Egyptian pound) in order to counter-balance the negative
effect on the purchasing power.
90. According to the same spokesman, Israel wanted to secure facilities for the
transfer of remittances to the population; Israel felt that too much talk about
this subject could bring about a situation where some Arab countries would not
transfer money to their families, in the occupied areas, Therefore, the IMP, the
Red Cross and the United Nations were informed of the factual situation, namely,
that Israel would see that any remittances transferred to persons in those areas
would be made out to them through the banks. The banks were given orders to
transfer any remittances which they received directly or indirectly for or on
behalf of residents.
/ 9..
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91. According to the data provided by the Israel authorities, little damage was
done in agricultural areas, and agriculture as an economic activity was
functioning fairly well in most areas, with the possible exception of the Nablus
region. Israel set up a group composed of various experts attached to the Prime
Minister to look into plans for water resources and agricultural development.
Ihe immediate problem was, however, what to plan for the next agricultural season.
For the moment there were surpluses, and Israel was faced with the problem of what
to do with them. Israel policy aimed, according to Israel sources, at maintaining
the economic activity at its previous level, but it was not to be expected that
next season's agricultural production could be exported to the East Bank. Instead,
the Israel market would have to be used as a basis for planning of West Bank
agriculture, Agriculturalists from the West Bank had already been taken on visits
to Israel to show them the situation and orientation of agriculture there, in order
to help them make adjustments in their own plans for the next season. The Special
Representative was informed that whatever the future of the West Bank would be, 'it
was the earnest wish of Israel Cabinet Ministers responsible that the West Bank
population should be able to conclude that the Israel administration had done
whatever it could to raise the'standards of living of the population.
92, The Special Representative considered that, if there should be a delay in the
resumption of normal economic life both on the West Bank and in the Gaza strip, a
considerable portion of the population in these areas would suffer a decline in
-living standards and that nutritional problems might develop. Under these
conditions, there would be a continued need to provide food relief for those
persons who were not at present under UMRWA's care. Early consideration would
therefore have to be given to the continuation or the expansion of existing feeding
programmes, such as those that were being discussed between the Israel Government
and CAPE. Discussions were also taking place between UNICEF and the Israel
authorities on this subject.
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C. The United Arab Republic and areas administered
by the United Arab Republic
General situation
93- There are striking differences in population density and composition as well
&S ill eCOn0IKi.C and social life between the United Arab Republic-administered Gaza
strip and Sinai, The Gaza strip is a small but densely populated area with a
total pre-her population estimated at about 455,000, of whom 315,000 or about
'70 per cent, were UNRWAre gistered refugees. Sinai is a Vast peninsula still
characterized in the interior by the traditional Bedouin way of life. The settled
population in this peninsula is largely concentrated in the town of El-Arish on the
Mediterranean coast and in the eastern part of' the town of Kantara on the East
Bank of the Suez Canal. According to local Arab sources, the gre-war population of
El-Arish was, estimated at between 30,000 and 40,000 end that of East Kantara at
about 15,000.
94. Prior to his visit to these areas the Special Representative proceeded to Cairo
on 2'7 July for discussions with representatives of the United Arab Republic
Government. These discussions highlighted three issues to which the United Arab
Republic attached -particular importance: the alleged shortage of food and the
starvation of the population in El-Arish, the shortage of water in East Ksntara
and the responsibility of the occupying authority for this state of affairs, and
finally, the alleged expulsion of Palestinians across the Suez Canal by the Israel
forces. Arrangements were made for the Special Representative to visit newly
displaced persons who had been given temporary shelter in recently constructed
villages in the land reclamation Ixojects of the Liberation Province north west of
Cairo. A visit to Israel prisoners of war held in the United Arab Republic was also
arranged at the request of the Special Representative.
959 The Special Representative visited El-Arish and East Kantara on 14 August and
Gaza town and its surrounding areas on the next day. In each locality meetings were
held with the Israel military forces in charge of the administration as well as
representatives of Arab local government bodies and other spokesmen for the local
Arab population and for Palestinian refugees.
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96. The Israel authorities submitted to the Special Representa.*t i_v.e. two aide-memoires
on the situat$on in the Gaza strip and northern Sinai, which are 'annexed to this
report (see annexes VIII and IX).
97. Besides considering the alleged expulsion of Palestinians from the Gaza strip,
the Special Representative gave attention during his short visit to the area to a
number of questions affecting the safety, welfare and security of the population.
98. The information obtained by the Special Representative is set forth below
according to subjects. In this connexion i-1; should be pointed out that because
UNRWA registered refugees made up 70 per cent of the total population, UNRWA played
an essential role in the economic and social life in the area which affected not'
only the refugees but also the population as a whole.
(a) Movement of population
99. Until recently the population living in the Gaza area could be divided into
three categories : the original Gaza population which had inhabited the area for
centuries; Palestinian refugees and persons of Egyptian origin, mostly government
civil servants, teachers,. and professional persons. ,
100. The Israel military commander of the Gaza area stated that there were still
,some 200 Egyptian civil servants in Gaza together with their families, who wanted
to return to the United Arab Republic. He declared that they did not want to work
in Gaza now since if, they did so, they would lose their job potential in the
United Arab Republic. However, if they stayed in the area under Israel control,
they would have to wprk. According to other sources some 600 or 700 persons were
imprisoned initially. Of these the Israel authorities later retained only men between eighteen and fifty-five years of'age and allowed the others to leave for
the United Arab Republic. The men between the ages of eighteen and fifty-five were then transferred to El-Arish. The Special Representative had the opportunity
to visit 289 United Arab Republic officials detained ia El-Arish.
101. Some sources claimed that after the hostilities ended in the Gaza area,
Xsrael military forces rounded up about 3,000 persons who were thcught to be
mexnbers of the Falestine Liberation Army, and subsequently took them to places
autside the Gaza strip+ During his visit to the prisoner-of-war camp in Athlit
(Israel) the Special Representative was informed that some of these Palestinians
were detained there. According to various sources, others were taken to Kantara.
There Lhey were authorized by the Israel authorities to cross to the west side
of the Suez Canal.
102. The Special Representative had not been able to find official confirmation
of the above-mentioned figure of 3,000 persons involved, or to determine how many
of these had been released and how many were still being detained inside or outside
the Gaza strip by the Israel authorities.
103. The Israel authorities had made arran$ements enabling residents of the
Gaza area to visit relatives on the West Bank, At the time of the visit of the
Special Representative to the Gaza strip, Gaza residents desirous of visiting
the West Bank had to apply for permission to the military authorities, Upon
approval of their request they received two passes - one to go to the West Bank
and one to come back. It was said that about six large buses were leaving every
day for the West Rank, It was not known to the Special Representative whether
on an average six busloads of people also returned every day and to what extent
the authorities checked whether individuals returned on or before the return date
mentioned on their return passes, According to information subsequently received,
the requirement for permits to visit the We& Bank had been lifted and only identity
cards were required.
(b) Municipality
104, Accord&r@ to the Israel military governor of the Gaza strip, the municipality
was working normally, The Arab personnel of the municipality had not been replaced
and were receiving their salaries. All services were functioning.
105* The Arab Mayor of the municipality declared that 450,000 Egyptian pounds
belonging to the municipality had been taken from banks by the Israel authorities.
Jsrael spokesmen denied this.
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106. The military commander of Gaza town declared that the municipality budget was
given priority as regards payments. The municipality had already received
20,000 Egyptian pounds from the Israel military government, but in addition the
municipality was requ,esting grants similar to those received in the past for
carrying out projects.
(c) Banks end currency
107. Members of the Gaza municipal council complained that economic life was at a
standstill because depositors could not withdraw money from the banks. In this
connexion, one Israel senior military officer asserted that 70 per cent of the
local currency in the banks had been taken to the United Arab Republic; another
Israel officer declared that the Israel authorities found altogether 526,000
Egyptian pounds in the banks in the Gaza strip, that the local banks were
bankrupt and that banking was now functioning through Israel banks.
108. During his visits to Cairo, the Special Representative was informed by the
United Arab Republic authorities that in the whole of Gaza and Sinai, Israel forces
had taken 1 million Egyptian pounds from the banks, as well as 400,000 Egyptian
pounds found with the United Arab Republic troops and earmarked for their next
salary payment. Israel spokesmen in the Gaza strip and elsewhere insisted that
wherever bankbooks or money had been taken from banks, this had been done only
upon receipts handed over to the directors of the banks concerned. Moreover, they
stated that the, cash held in banks did not suffice to refund the deposits made by
the, inhabitants.
109. Exchanges of currency according to the latest Israel regulations could
officially be made in the Gaza strip until 15 August.
(d) Food
110. During his visit to Gaza town, the Special Representative noted that there
seemed to be an ample supply of food there. According to the information received
by him, supplies left behind by the United Arab Republic authorities had been
used to a large extent. Food prices had increased somewhat,for instance, those
of fresh meat, canned meat and fish. People were coming from Israel and buying
these foodstuffs, and this was one reason for the rise in prices.
/
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111. Though food seaed to be available, money to buy it was scarce, The GARI$
??iQresentatiVe s"&&ted tf%t CARE was @Ki.ng food and assistance to approximately
80,000 pC?rsOnS, Who WF?F@ nO% UNRWAre fugees of whom1 0,000 were in El-Arish. CJU3.E
was carrying on that activity in close co-operation with UNICEF, UNICEF would
distribute the same rations as CARE, reaching those persons who were not covered
at Izesent by either ~~A or CARE, particularly nursing and expectant mothers.
CARE supplied food to other categories such as old people, widows, orphans,
disabled people, and people who were able to work but had been unemployed for
at least four weeks.
(e) Health
212, According to the Israel military commander, health services continued under the
same conditions as in the past when they were provided by the Government free of
charge. He stated that the hospitals were functioning, but that some people had
asked the military government to provide them with better hospitals. He stated
that an Israel doctor w&s touring the area regularly,
113. However, according to other sources, the hospital in Rafah had been destroyed,
and only the UNRWAho sprtal there was funtioning,
(f) Education
114. The military commander informed the Special Representative that he expected
the schools to reopen with adequate equipment. He hoped that enough teachers would
be available,
115. Some ~jources indicated that about 200 teachers had left the Gaza area, most of
them before the war, and that some equipment had been looted during and after the
116, The Special Representative heard from both sides many expressions of grave
concern regarding the course of future developments in the education field, Israel
spokesmen repeatedly expressed their disapproval of the textbooks in use, which
allegedly contained hate propaganda against Israel. According to the latest
reports received by the Special Representative but which had not, as far as known,
been officially confirmed by the Israel authorities, Israel would continue to use,
the old textbooks, but would delete from them those passages which were offensive
to Israel,
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. .
(g> E conomy
117. Traditionally, the Gaza area is a citrus-growing region. According to the Arab
Mayor of Gaza town, citrus exports represented 25 to 30 per cent of the local
revenue before the hostilities. These exports had now been blocked, and there was
no prospect as yet of the resumption of these exports. One member of the Gaza
municipal council mentioned that there were 40,000 workers involved in the citrus
sector, from the groves to exportation.
118. The military governor stated that the matter of exports was under consideration
and that the Ministry of Agriculture was studying plans for using Gaza citrus
fruits in Israel canning factories and for improving the quality and packing of the
fruits for marketing.
119; Before the war salaried workers were mainly dependent on a few main employers,
including the ,United Arab Republic Government, which employed some 5,000 persons,
UHRWAan d UNEF. An Israel spokesman stated that most of these Governmente mployees
were still in the area and that 30 per cent of them were working.
120. A third source of income had been remittances,to persons living in Gaza from
relatives in Kuwait, Saudi Arabia, and other oil-rich countries. Those remittances
had now stopped, but might be resumed through the channels opened by the ICRC.
One source indicated that more than half of the Palestinian refugees depended in
varying degrees on money remitted from abroad;‘
121. From persons in each of the above-mentioned three main income categories, the
present situation was characterized by unemployment and hardship. A member of the
municipal tiounci.1 of Gaza stated that every day about 2,000 workers applied for work,
but, that only half of them were successful.
122.6 The military governor of the Gaza area stressed that the military authorities,
instead of giving money to able-bodied persons not engaged in any productive
activity, had very much encouraged the population to work on projects such as
the reconstruction of roads, the building of new roads, the cleaning of streets, and
the reconstruction of public buildings but the, local population seemed reluctant to
work On these projects for a number of reasons. He stated that the Israel military
authorities would open a labour exchange shortly. Every unemployed person who --
wanted to work should register his name, If no work could be given, assistance would
be provided to the applicant. He mentioned that the population had been informed
that those whor:wanted to go and work on the West Bank could do so.'
/
(h) Civilian casualties and property damage
123. The Special Representative received reports from various sources that not only
during but after the active hostilities civilians had been killed and houses
destroyed.
124. Regarding the destruction of houses after the war, the Israel military commander
Of the Gaza strip stated that two or three houses 'had been destroyed for security
reasons because explosives and weapons had been found in them. As regards Rafah,
he stated that, after having himself made a tour of the area, he did not have the
impression that the town was destroyed, but only that some of the houses were
damaged. In Rafah, to his knowledge, there had been no destruction for such
security reasons as those referred to above,
125. During the Special Representativers visit to a refugee camp, spokesmen for
the refugees drew his attention to continuing searches of the camp by Israel forces
and requested that in order to avoid frightening women and children, such searches
should not be ccnducted during the night. The military commander of Gaza town
who attended the meetings, stated that until very recently some Egyptian officers and
soldiers and ammunition and weapons had been found in the camp and that on questions
of military security there could be no bargaining whatsoever.
126. A member of the Gaza municipal council stated that the looting of shops
continued creating fear among the shopkeepers. He added that there were fewer police
now than in the past. The military commander of Gaza town indicated that there
were about 250 local police there and that this number would be increased.
According to him, the military authorities were in fact trying to reorganize the
whole police force. The police, who used to work only four hours a day were now.
working eight hours a day. Moreover, the Israel police and the local police would
be combined. The military authorities could not rely on the local police, he
declared, and mixed patrols of Israel and local police were planned. An increase
in salaries was also being considered. The entire reorganization was expected to
take approximately two weeks. A new police station had just been opened.
/ ‘,_
. . .
-4o-
El-Arish
127. During his visit to El-Arish, the most important city of Sinai, the Special
Representative gave attention to the food situation as well as to a number of
other problems of particular interest to the local population,. The information
obtained by him is summarized below.
(a) Food
128. During his first visit to the United Arab Republic, the Special
Representative was informed by a Government spokesman that the population in
El-Arish was starving and that the United Arab Republic authorities therefore had
intended to send a ship with food to El-Arish. According to an Israel spokesman,
Israel had let it be known that the population was not starving in El-Arish, but
if the United Arab Republic wanted to send food, Israel would not object provided
the ship flew a Red Cross flag. Subsequently, according to the same Israel
spokesman, the United Arab Republic Government had abandoned the idea. The United
Arab Republic spokesman informed the Special Representative that the decision not
to send the ship to El-Arish had been taken when the news of the Special
Representative's imminent arrival in Cairo had been received, The United Arab
Republic Government wished to avail itself of this visit in order, first, to
clarify the question of principle that it was the exclusive responsibility of the
occupying authority to supply food in sufficient quantity to the local population
of El-Arish.
129. According to Israel, as well as Arab and neutral spokesmen, there was no
immediate food problem in El-Arish, but there was a scarcity of money to buy the
food that was available.
130. Israel sources indicated that food was now brought into El-Arish by rail.
As mentioned elsewhere, CARE was supplying rations to some 10,000 inhabitants.
(b) Municipality
131. According to the Israel military commander, the Israel authorities gave
money to the Mayor of the municipality to pay municipal workers (numbering
about 400); the water and electricity supplies were functioning. He mentioned
also that the local police force was operating.
-41-
(c) Banks
132. The two banks of El-Arish were closed, As soon as postal services were
restored, the military government opened the Israel Postal Bank.
133. From 16 August only Israel currency was to be accepted. The rate of exchange
had been established at six Israel pcunds fcr one Egyptian pound. The Israel
authorities would not object if after that date customers still paid for goods in
Egyptian pounds, but the exchange rate would be different, namely 3.5 Israel pounds
for one Egyptian pound.
(d) Housing
134. Israel spokesmen claimed, that there had been no heavy fighting in the town of
Eldrish, and only a few houses had been damaged. The local municipality had
called in tenders from local contractors to carry out the repairs, which would be
paid for from the municipal budget provided by the Israel authorities.
(e) Bealth
135. According to the Arab director of the El-Arish hospital, the health situation
was normal. Medical staff mmbering about 100, who had previously been responsible
for health services in different parts of the Sinai peninsula, were,now concentrated
in El-Arish, with the result that there was a relatively high number of medical
personnel per hospital bed.
(f) Income and employment
136. According to Arab spokesmen, almost all the population of El-Arish had
previously.depended indirectly on the salaries and purchasing power of civil
servants who were stationed in El-Arish for the administration and servicing of
the town itself and of the wider Sinai peninsula, as well as of the army. It was
said that there were some:4,000 heads of families of both categories who were now
without jobs or salaries. Of these 4,000, some 1,000 heads of families had
originally been recruited west of the Suez Canal. Israel spokesmen stated that
the Israel authorities in El-Arish were now employing and paying 700 permanent
civil servants, namely, 400 employed by the municipality and some 300 employed in
the police force and in services such as water supply. In addition, the military
: 5c -42: ”
authorities needed about 400 personnel to work for the Israel defence forces,
but up to that time, they had found it difficult to recruit as many workers as
were needed.
137.., Economic production in the primary sector in El-Arish consisted mainly of
fishing and date growing. The military.authorities had granted permission for the
resumption of fishing and were -ready to send fish to the West Bank of Jordan. ;
.i:, \,
(g) Civil servants of United Arab Republic origin
1%. During his visit to El-Arish the Special Representative's attention was
drawn to the presence of about 1,000 civil servants (together with their families
totalling about 5;OOO persons) who, it was stated, had originally been recruited
from parts of the United Arab Republic west of the Suez Canal and who now wished
to return to what they considered their homes.
139. Agreement had been reached that these 5,000 persons should be transferred to
the'West Bank of the Suez Canal. A first group had crossed the Canal, but the
United Arab Republic authorities.had detected some Palestinians among them and had
subsequently stopped the whole project, requesting lists of the names of all
officials wishing to return. These lists were immediately forwarded to the United
Arab Republic authorities, but the movement of the civil servants from El-Arish
across the Suez Canal had not been resumed since.
140. The Special Representative found the 1,000 officials concerned in a difficult
position as they had received no salaries since the hostilities and on the other
hand were not interested in taking new employment, since they believed they would
cross the Suez Canal any day. Neither the Israel authorities nor any voluntary
agkncy had 3+ken steps to,assist them for the same reason.
141. On 26 August the Special Representative discussed the problem in Cairo
with United Arab Republic Government officials. He was informed that the United
Arab Republic Government no.longer wished any of these persons to cross the
Suez Canal but wished them to stay in the occupied area so that their presence
might bolster the morale of the population,'
/ . . .
(h) United Arab Republic civil servants from Gaza
142. As mentioned before, some 290 United Arab Republic civil servants whose
original duty station was in the Gaza .area had been transferred to El-Arish
pending their return to the Nile valley area of the United Arab Republic. Their
families had already been allowed to cross the Suez Canal. The Special
Representative visited the camp where they were being held. Re found they
were not under military guard; there was only a local policeman at the'gate. The
detainees, stated that they were allowed to go to town in groups of up to twenty
at a time.
143. Guring his meeting with the spokesmen of the detainees, they made some
complaints about the quality of their food, the lack of mattresses, the poor
accommodation and the absence of letters from their families. The Israel
governor, who participated in.the meeting, promised to look into these matters.'
The Special Representative was subsec&ently informed that improvements had been
made. _ ,:
144. The United Arab Republic Government strongly objected to the detention of this
group of officials, for which it found no justification,iwhatsoever. It also ...
requested that
Suez Canal.
they be allowed to rejoin their families now living west of the
East Kantara
145. The information obtained by the.Special Representative during his visit
to East Kantara is set forth below.
(a) Water supply ,’
146, In a letter dated 13 July 1967, addressed to the Secretary-General of the
United Nations, the United Arab Republic Government informed him that the Israel
forces had threatened to expel United Arab Republic citizens residing in East
Kantara to the West Bank of the Suez Canal, if the United Arab Republic Government
refused to provide water to the part of the town situated on the East Bank. The
United Arab Republic Government stated that the population of Kantara always
depended on water from artesian wells in the city, and that additional water from ,
khe West Bank had in the past been furnished to the East Bank only to meet th6
needs of the United Arab Republic armed forces after they moved into Sinai.
-44"
147. On the occasion of the first visit of the Special Representative to Cairo,
the question of water supply at East Xantara was discussed. The United Arab
Republic Government reiterated that the civilian population of the eastern part
of Kantara (normally about 15,000 inhabitants) had always used the water supplied
by wells in the city, but it stressed that those wells had to be properly
maintained. On the other hand, when the Special Representative visited refugees
from Sinai in the United Arab Republic, some of those who had come from East Kantara
stated that they had always received their drinking water from the West Bank of
the Canal,
~48. When the Special Representative visited East Kantara on 14 August, it was
explained to him on the spot by the Israel authorities that the whole drinking
water system of that part of the town was connected with and dependent on supply
from the West Bank. Local inhabitants confirmed that this was the case. They
stated that for decades water from local wells had been used only for watering
gardens but that now they were forced to drink it. Even though they were boiling
the,water, the inhabitants were afraid that it was still not suitable for drinking.
149. During his second visit to Cairo, the Special Representative informed the
United Arab Republic Government of his findings in East Kantara and suggested
that tkiey should resume pumping water across the Canal In sufficient quantity to
supply the remaining civilian population only. If the Israel Governm.ent would
agree to such an operation, the Special Representative would then see to it that
the water was distributed to the civilian population under a system of reliable
control. However, the representatives of the United Arab Republic did not
respond favourably to this suggestion, since they felt it was the sole responsibility
of the Israel authorities to provide the population in occupied areas with proper
drinking water.
150. The Special Representative discussed this matter with the Israel authorities,
They pointed out that water supply was a great problem also for the Israel troops,
as drinking water had to be brought across the desert by tanker.
/ ..*
(b) Movement of population
151. The President Of the municipality declared that out of a population of about
15,000, only 1,116 persons had remained. He informed the Special Representative
that some 900 of them'desired to be allowed to cross the Canal to the West Bank,
In this connexion, the Israel military commander of the area informed the Special
Representative that the Israel Government had no objection to the population leaving
East Kantara if they so desired. This point was raised by the Special
Representative with the United Arab Republic Gove,rnment, which informed him that
it wished the inhabitants to stay in East Kantara.
(c) Food
152. The Special Representative was informed by the population of East Kantara
that there were shortages of certain foodstuffs in the town. Vegetables, fruits .
and meat, which they said were usually brought in from the West Bank of the Canal,
were no longer available, All shops were closed and the Israel authorities had only
supplied a few basic foods, namely, flour, sugar and tea.
153. The Israel commander recognized that some foodstuffs were in short supply in
the area. He pointed out that the supply of food was also a great pryblem for
the Israel troops in the area, since most of the commodities now had to be brought there across the desert from Israel in refrigerated trucks and were therefore
strictly rationed.
the Special Representative took up this matter with
154. During his visit to Cairo, the United Arab Republic Government. He suggested that the United Arab Republic
Government might allow vegetables and fruits to be brought over the Canal, perhaps once a week; but the United Arab Republic Government declared that the
responsibility for ensuring an adequate food supply rested with the o-Wing
authority.
(d) Health
155. The inhabitants complained that it was not enough for an Israel doctor to be
available only once a week. They pointed out that the hospital had been broken
into and looted and was no longer functioning. There was no clinic and only %WO
local nurses, neither of them qualified.
I l . .
-46-
156. The Special Representative raised this matter with the Israel military
commander of the arca,.who promised to look into the possibility of improving
the medical facilities.
(e) Employment
157. The population of 1,116 persons consisted mainly of women and children. Some
fifty to sixty men were employed with the United Nations observers or had found
other remunerated employment in the area.
(f) Mail
158. The president of the municipality complained that the people were not receiving
letters. The ICRC delegate was, however, going there to arrange the exchange of
letters between the inhabitants and their relatives elsewhere.
-47- III. SITUATION OF DISBLAC~ PERSONS FROM AREAS UNDER ISRAEL CONTROBA ND THE QUESTION OF THEIR RETURN Situation of displaced persons
159. The number of persons who had fled from the areas under Israel occupation
during and after the June hostilities is roughly estimated at about 350,000. This
figure includes:
(a) About 200,000 persons (of whom about 93,000 were refugees registered with
UNRWA) who had moved from the West Bank to the East Bank in Jordan;
(b) About 110,000 persons according to Syrian sources and not more than
85,000 according to Israel sources (of whom about 17,000 were UNRWA-registered
refugees) who had moved from the south-western corner of Syria, mainly to the areas
of Damascus and Dera'a;
(c) About 35,000 persons (of whom 3,000 were UNRWA-registered refugees in the
Gaza strip) who had moved across the Suez Canal from the Gaza strip or Sinai.
160. Immediately after the hostilities, emergency assistance was given to those
displaced persons to alleviate their hardship. As the Commissioner General of UNRWA
pointed out, this emergency assistance was a combined operation to which the
Governments directly concerned, other donor Governments, the Red Cross and the Rea
Crescent, UNRWA, UNICEF, the specialized agencies, national and international nongovernmental
organizations and individuals in many parts of the world all made
important contributions.
161. The assistance provided to the displaced persons included donations in cash,
as well as donations in kind, such as tents, blankets, clothing, mattresses, kitchen
utensils, food, milk, medicaments and vehicles. Some of this assistance was
channelled through UNRWA and the Red Cross or Red Crescent organizations, and some
d,#ya s distributed by voluntary agencies. The Special Representative haa discussed in
'some detail the assistance given to displaced persons and their needs with the
Governments and organizations concerned with this problem. These discussions
highlighted the importance of continuing and intensifying the assistance given to
displaced persons. Certain pressing needs are set forth in the sections below. It
should be pointed out that this question will also be dealt with by the Commissioner
General of UNRWA in his annual report to the General.Assembly.
/ . . .
-48-
(a) Needs in Syria
162. The Syrian Government took full charge of the displaced Persona, with the
assistance of the International Committee of the Red Cross, the World Food
Programme, the Lutheran World Federation, UNFMA, etc., while UNRWA assumed
responsibility for meeting the needs of the 1'7,000 displaced Palestinians already.
registered with it, with UNICEF's help in providing protein supplements.
1.63. The Special Representative reported that one of the most immediate and acute
problems would be that of shelter, as about 80 per-cent of the displaced persons
were now accommodated in schools which should be vacated before the new school Year+
In connexion with this new emergency, the pressing needs would be for, 2~~,~~~
blankets, 50,000 mattresses and 15,000 tents. The food situation might also become
precarious when the present World Food Programme assistance ran out at the end of
October.
164. The necessary clinics, sanitation facilities and social services would have to
be established before the cold weather arrived and before health conditions
deteriorated. New schools would have to be opened and supplementary feeding would
be required for the next six to nine months.
165. Emergency feeding would probably be needed also for another three months and
World Food Programme assistance in ensuring further supplies would be most desirable,
166. UNICEF had advised the Syrian authorities that it could provide further
assistance in the form of equipment for clinics, supplementary feeding kitchens and
schools, as well as assistance for sanitary facilities and drinking water supplies,
sewing machines and possibly training aid for the production of children's
clothing, and supporting transport if required. UNICEF also indicated that it could
give consideration to providing assistance in the operation of supplementary feeding
programmes, including the provision of vitamins and other dietary supplements, and,
in case of special emergency needs, the supply of imported slotted angle-irons as a
supporting framework for local structures to house the facilities mentioned above.
167. The Special Representative noted that, as the Syrian Government had received
less external aid in the present emergency in proportion to the number of refugees
than the other areas concerned, material and financial aid to carry out the
necessary Projects for shelter and community facilities would be needed.
/ . . .
168. In connexion with the import of relief supplied for Syria and also for east
Jordan, the Special Representative was informed that since 5 June, vessels flying
certain flags had been unable to discharge cargoes at Beirut. These relief supplies
had therefore been unloaded at various other Mediterranean ports, entailing losses,
delay and substantially increased costs. The Special Representative believed that
this difficulty could result in the interruption of some refugee assistance projects
at a most critical time.
(b) Needs in East Jordan 169. In this area, the Jordan Government and UNRWA had poolea their resources in a
joint effort to assist the displaced persons. The World Food Programme and UNICEF,
together with the Red Cross and other voluntary agencies, were also helping these
persons.
170. The Special Representative noted that the new refugee camps which had been
hurriedly set up coincident with the hostilities to provide shelter for the
displaced persons were unsuitable for continued occupancy, particularly in cold
weather. Improved shelters would have to be provided in substantial numbers,
together with expanded facilities for health, education and social services. 171. To preserve the health of the children, adequate sanitation was urgently needed, including arrangements for refuse dispcsal. It would also be necessary to keep the children reasonably dry. and warm. For this purpose, footwear, particularly rubber boots, additional blankets and warm clothing would be required. Supplementary feeding schemes in each camp would be necessary to provide at least one hot meal a
day for the children. 172. Another urgent problem would be schooling for the children. Although Jordan was normally well provided with teachers, tents, to be usea as school rooms, and textbooks were lacking.
173. The displaced persons who were living in the homes of friends or relatives
constituted a group which had been overlooked until recently. The distribution of.
certain food-stuffs mightalleviate the economic hardship incurred by their hosts,
as they might have difficulties in feeding the relatives and friends they were
housing.
-5o-
(c) Needs in the United Arab Republic
-174. During his stay in the United Arab Republic, the Special Representative visited
several villages in the Liberation Province, where about 10,000 displaced persons
had been given shelter.
These villages were recently constructed as part of a vast
land reclamation and settlement programme and were intended to house new agricultural
communities at the beginning of the next agricultural season. The United Arab
Republic authorities had made space available to displaced persons in these villages
although this would interfere with the scheduled agricultural development in the
area.
175. UNRWA, in agreement with the United Arab Republic Government, undertook to make
food supplies available to the 3,000 Palestinian refugees from Gaza, and to contribute
towards the provision of medical and sanitation services.
176. In addition, the World Food Programme was arranging for a programme of food
assistance and the Pontifical Mission was planning a distribution of blankets,
cooking stoves and clothing. .
Return of displaced persons
177. In its resolution 237 (1967) the Security Council called upon the Government of
Israel to facilitate the return of those inhabitants who had fled the areas since
the outbreak of hostilities.
178. The Special Representative devoted much of his time in the area to discussing
this problem with the Government of Israel, the Governments of Jordan, Syria and the
United Arab Republic, as well as the United Nations agencies and other international
organizations. The information obtained by.the Special Representative on this
subject is set forth below.
(a) Displaced persons in Syria
179. The problem concerning the return of displaced persons was quite different
Syria from what it was in Jordan, for instance. The long-standing and intense
in
antagonism between Syria and Israel permeated discussions on every issue and at any
level. Moreover, the occupied area of Syria was now virtually empty and under
military administration, SO that there was no civilian organization to take care of
I . . .
-5lthe
arrangements for the reception of displaced persons in the case of their return,
or to keep the issue alive by its sheer presence and activity.
180. During his discussions with displaced persons, the Special Representative found
them divided on their desire to return. Some wanted immediate return, whether
Israel continued to control the area or not. Others insisted on the prior condition
of complete liberation of the territory from Israel occupation.
181. In their first discussions with the Special Representative, the Syrian
authorities indicated their willingness to allow displaced persons to return to the
area under Israel occupation. They designated two possible channels for discussion
on the return of displaced persons: the ICRC and UNTSO. Later discussions indicated
that the Syrian Government in fact strongly desired the immediate return of the '
displaced persons to their homes.
182. The Israel Government informed the Special Representative of its official
attitude to the return of displaced persons to the occupied area in the following
terms, applicable to both Syria and the United Arab Republic:
"Israel and Jordan have reached agreement for the return of residents to
the West Bank. When talks are initiated with Syria and Egypt the Israel
Government will be prepared to discuss with them any outstanding issues
including the return of civilians who have left the territories under
Israel control'.
183. On the last visit of the Special Representative to Damascus on 29-30 August,
the question of the return of displaced persons to.the occupied area became the main
topic of discussion. The Syrian Government advocated an intervention by the United
Nations to negotiate such a return. Pointing out the agreement reached with the
Government of Jordan on this subject, the Special Representative stressed that the
Israel Government had not refused the return of displaced persons but had left the
door open for discussions. Since the Government of Syria was not willing to enter
.'
into direct negotiations with Israel, and since the Special Representative was about
to leave the area, he drew their attention to the possibility of pursuing this
matter through the ICRC, which had acted with success as an intermediary between
Israel and Jordan on the matter of the return of displaced persons.
184. In this connexion it should be mentioned that a return of the displaced
persons in Syria would be a much more complicated and difficult operation than the
return of the residents to the West Bank, since the occupied areas in Syria were
/ . . .
-52-
almost completely abandoned and had been so for a considerable period. More
detailed and thorough planning would therefore be necessary, including the
reconstruction of whole villages, as well as a major relief and rehabilitation
programme.
(b) Displaced persons in Jordan
185. In early July the Government of Israel announced its intention of authorizing the return of displaced persons to the West Bank on certain conditions. In order to
obtain the authorization to return, each head of family was to fill in an
application form for himself and his family, and submit it with adequate identity
documents. The date of 10 August 1967 was set as the deadline for the return.
186. Agreement was reached between the Israel and Jordan Governments through the
ICRC acting as intermediary on a draft text for the application forms and the
Israel Government undertook to print them. The forms as first printed carried a
heading reading "State of Isradl; Ministry of the Interior".
187. When the first batch of several thousand application forms with'this heading
was transmitted to the Jordan Government on 17 July, it returned them four days
later as unacceptable. An Israel Government spokesman later explained to the Special
Representative that the printing of official documents with this heading by the
Israel State Printing Office was such a routine matter that in this case the heading
was included in the application forms without prior explicit instructions from the
Government authority concerned. All subsequent efforts to persuade the Israel
Government to delete the heading or to accept the insignia of the Red Cross instead
provea unavailing. Israel spokesmen accused the Government of Jordan of having
unnecessarily made a political issue of what they considered a rather unimportant
formality.
188. Meanwhile, the Israel Government insisted that in order to settle the many
practical arrangements concerning the return of the displaced persons, direct
contact with the Jordan representatives was essential. On 6 August, during a
meeting at the Allenby Bridge, in which representatives of the Israel Government,
the ICRC, and the Jordan Red Crescent participated, it was agreed to adopt a heading
on the application forms mentioning the ICRC in the centre, the State of Israel on
the left side and the Hashemite Kingdom of Jordan on the right. In addition, a
number of other problems were discussed, in particular, the question of the deadline for return set by the Israel Government. It was agreed that the new forms would be printed in Israel and transmitted by the ICRC to the Jordanian authorities, who
would distribute them to the displaced persons. The distribution of the application forms began on 12 August. Subsequently, the Israel Government agreed to postpone
the deadline for the return operation until 31 August. 189. On 18 July, before this operation began, some fifty families had already returned to the West Bank, following an Israel Government decision to allow the
return of special hardship cases on that date. 190. After agreement on the applicationformshad been reached, information was received from the Jordan Government that it had transmitted through the ICRC about 40,000 applications,
involving some 170,000 persons. According to the Jordanian authorities, the Israel Government approved, during the period of 13 through 28 August, only 4,763 applications, covering 16,266 persons. The first displaced
persons under this scheme crossed the Jordan river on 18 August. On 9 September, the total number of those who had returned was given by Jordanian sources as 14,150
persons and by Israel sources as 14,056. 191. Later, the Israel Government claimed that 'for reasons never satisfactorily
explained by the Government of Jordan, the Jordanian authorities did not make full use of the permits issued, and only 60 per cent of the displaced persons who had been authorised to return did actually show up at the crossing points". It further claimed that it had opened two bridges across the Jordan river to receive returnees at the rate of 3,000 a day. 192. The Jordan Government asserted that the procedure insisted upon by the
occupying authority had proved to be an impediment to a smooth functioning of the
return operation, and mentioned in this connexion that only a fraction of the forms
submitted had been approved and that only short notice, often of.less than twelve-
hours, had been given of this approval on a day-to-day basis. The lists of approved cases submitted daily by the Israel authorities were said to cover, in a single document, refugees accommodated in several localities and camps, who then had to be contacted and transported to the crcssing points .over the Jordan river
within a few hours.
/ . . . ,i
",
&:,
193. The Jordan Government also complained that the Israel authorities sometimes
approved the return of some members of one family while denying its approval to
other members of the same family. Moreover, displaced persons were not allowed to
bring with them all their personal belongings, such as their cars. These factors
had had, according to the Jordanian authorities, a negative effect on the desire of
displaced persons to return.
194. Finally, the Jordan Government claimed that the approvals given by the Israel
authorities excluded UNRWA-registered refugees and those displaced persons
accommodated in emergency camps on the East Bank as well as displaced persons
originating from the areas of Jerusalem, Bethlehem and Jericho. These restrictions
had made the organization and administration of the operation extremely difficult
for the Jordanian authorities and this was the main reason why many displaced
persons authorized to return did not actually appear at the crossing points,
195- The Jordan Government expressed through many channels its insistence on the
inalienable right of every displaced person to return to his home and on the
necessity of extending the deadline beyond 31 August.
1%. The Special Representative considered that, even without the many initial
difficulties which were bound to arise during such an extensive and delicate
operation, the deadline set by the Israel Government could not have allowed the
return of all those who wished to do so. Even if the potential daily rate Of
3,000 returnees mentioned by Israel had been reached every day during the period of
18 through 31August, only some 35,000 displaced persons could have returned.
197. In a letter to the Secretary-General dated 16 August, the Israel Government
asserted that while it was directing its efforts to alleviating the consequences of
the hostilities in order to bring back normalcy and to restore peaceful conditions,
including the return of displaced persons to their former homes, the Government of
Jordan was conducting a campaign of increasing violence, vituperation and direct
incitement, both of the prospective returnees and of the Arabs in Israel-controlled
territories.
198. The Israel authorities repeated these allegations to the Special Representative
during his stay in Israel and claimed that the alleged attitude of the Jordan
Government seriously impeded the whole question of the return of the displaced
persons. After a short visit to Amman, the Special Representative brought to the
-55- p’
Israel Government the assurance that the Jordan Government wished to proceed with
the return operation in an atmosphere of restraint and in accordance with
.ii
humanitarian principles.
199. In a note dated 24 August addressed to the Permanent Representative of,Israel,
(see A/@?'@, S/8133), the Secretary-General requested the Government of Israel to
extend the deadline for the return of displaced persons beyond the date of
:
31 August. In a reply dated 11 September (see A/6795, S/8153), the Permanent
Representative of Israel informed the Secretary-General that the Government of
Israel had decided:
(a) To allow former West Bank residents holding previously issued permits
who were unabletomake use of them before 31 August to return to their former homes
within a fixed period of time. Arrangements to this effect were being made.
(b) To authorize the Israel authorities to accept applications from residents
of the West Bank for the reunion of their femilies. Such applications would be
reviewed in each case by the Israel authorities with sympathetic consideration.
(c) To study individual applications based on conditions of special hardship.
(d) To discuss with Ul!TRWA representatives in Israel ways by which Israel
might contribute to a solution of the urgent problem arising from the adverse
physical conditions in the camps now occupied by those who were'previously UNRWA
refugees, particularly in the Jericho camps,
It whould be noted that the category of displaced 'PerSOnS referred to under
point (a) above would include 4,086 persons according to Jordanian es-&a-k and
6,602 persons according to Israel estimates.
(c) Displaced persons in the United Arab Republic
-I 200. The displaced persons whom the Special Representative met during his visit to
the United Arab Republic all expressed their desire to return to their homes. The
governor of the Liberation Province stated that upon their arrival in the land
reclamation project he had offered free plots of land to some displaced persons but
that they had refused, insisting on their desire to return to their areas of
2.‘
origin. It may be noted in this connexion that some of these displaced persons,
particularly bedouin families from the Sinai peninsula, had no agriCUltUrEd
experience.
-56-
201. The official position of the Israel Government concerning the return of
displaced persons from the United Arab Republic is similar to that concerning
displaced persons in Syria and has been set forth earlier in this report (see
paragraph 182).
202. The Government of the United Arab Republic, in its second rcund of talks with
the Special Representative on 26 August, held the view that discussions concerning
the return of displaced persons should be initiated by the Special Representative
in pursuance of Security Council resolution 237 (Sg67), while the ICRC might assume responsibility for the practical implementation of any agreement reached on this subject.
-57-
IV. TRE!ATM.RT!!TO F PRISONERS OF WAR
203. In paragraph 2 of its resolution 237 (1967), the Security Council recommended
to the Governments concerned the scrupulous respect of the humanitarian principles
governing the treatment of prisoners of war contained in the Geneva Conventions of
12 August 1949.
204. Under the Geneva Conventions it is incumbent on the ICRC to work for the
faithful application of these conventions and to take cognizance of complaints
regarding alleged breaches of the conventions and to endeavour to ensure the
protection of and assistance to prisoners of war. Consequently the Special
Representative kept in close contact on this question with the ICRC headquarters
I
in Geneva, with the Regional Representative of the ICRC stationed in Cyprus as
well as with its representatives in Israel, Jordan, Lebanon, Syria and the
United Arab Republic and had ample opportunity to appreciate the untiring efforts
of these officers in pursuing their~delicate mission.
265. In this connexion it should be.stressed that the ICRC had, in view of the
increasing tensions in the Near East, already sent representatives about ten days
before the outbreak of hostilities to Amman, Beirut, Cairo, Damascus and Tel Aviv,
and that this organization was therefore on the spot from the very beginning of
the conflict and has been there ever since to verify the application of the
Geneva Conventions. On the whole the ICRC has, as far as is known to the Special
Representative, been able to play in the area of conflict its important role as
agent and neutral intermediary.
206. Jordan, Syria, and the United Arab Republic, in letters to the Secretary-
General of the United Nations accused Israel of inhuman acts against, and
maltreatment of, prisoners of war from their countries and also of executions of
prisoners of war. Israel denied these allegations in letters addressed to the
Secretary-General. It also expressed grave concern over the treatment and
conditions of the Israel prisoners of war in the Arab countries, alleging that
public lynching of Israel pilots had taken place in the United Arab Republic
and that of two Israel pilots brought down over Syrian territory during the war,
one had been murdered and the other mutilated.
/ . . .
1
-5%
207. The Special Representative was not in a position to investigate any of the
above accusations, which referred to events alleged to have taken place well
before his arrival in the area, but he paid a visit to the r,emaining prisoner-ofwar
camps in Israel and the United Arab Republic and gathered the impression that
the treatment of prisoners was correct on both sides. The contact between the.
prisoners of war and their families had been established, after some initial
difficulties, through the ICRC and on both sides they had received mail and
parcels, all of which had helped to bolster the morale of the prisoners, who were
extremely unhappy about the slow'pace of the negotiations concerning their
exchange.
208. An exchange of prisoners of war had been successfully concluded. through the
ICRC between Israel on one side and Jordan, Syria and Lebanon on the other,
Negotiations between Israel and the United Arab Republic concerning an exchange
were continuing through the intermediary of the ICRC but had apparently not yet
led to any agreement.
$09, Israel stated that it had returned some 200 wounded prisoners of war to the
United Arab Republic, and immediately after the cease,-fire had carried out an
extensive operation, in which the ICRC also took part, aimed at tracing and
assembling those United Arab Republic soldiers who were scattered all over Sinai
and,in great distress. According to Israel sources, some 12,000 soldiers were
allowed to return to their country and were not taken prisoner.
-59-
V. TIB QUESTION OF THE TREL4TME!XC OF MINORITIES
210. In paragraph 2 of its resolution 237 (1967), the Security Council recommended
to the Governments concerned the scrupulous respect of the humanitarian principles
governing the protection of civilian persons in time of war contained in the
Geneva Convention of 12 August 1949.
211. Certain information concerning the safety, welfare and security of the
civilian population in or from Arab territories at present under Israel control
and the zituation of the prisoners of war is presented in other chapters of this
report.
212. Since the outbreak of the recent hostilities: Israel has expressed concern
about the treatment of Jewish minorities , particularly in certain Arab States.
Upon his arrival, the Special Representative was approached on this subject by'
the Israel Government. The Special Representative, not being sure whether this
particular humanitarian problem should be inquired into under his terms of
reference, consulted the Secretary-General. The Secretary-General informed him
that the provisions of Security Counci.&.resolution 237 (1967) might properly be
interpreted as having application to the treatment, at the time of the recent
war and as a result of that war, of both Arab and Jewish persons in the States which
are directly concerned because of their participation in that war.
213. Since this particular aspect of the protection of civilian persons in time of
war could be taken up only towards the end of his stay in the area of conflict,
the Special Representative had very little time for discussion or investigation of
the actual situation of minorities.
214. On 17 August, i.e. shortly before his return to,New York, the Special
Representative requested, in writing, the Governments of Israel, Syria and the
United Arab Republic, information on the treatment and protection of Jewish persons
in Syria and the United Arab Republic and of Arab persons in Israel, He stressed
that it would be particularly helpful for him to ,know how the personal and
property rights of such persons had been affected by the recent war, how many
of them might have been and continued to be confined and for what reason, and /
whether they were free to leave the country in which they were resident.
. .
-6o-
215, The Government of Israel, in a letter dated 27 August, informd the Special
Representative that, according to Special Emergency Defence Regulations, forty-five
Arab citizens considered as security risks had been placed in detention on the
outbreak of the war. Most of these had been released by 18 June and the others
twelve days later. Moreover, a curfew from 1900 hours to 0500 hours had been
ordered in one or two areas contiguous with Israel's border with Arab territory,
and for exit from those areas a special permit had been required. All these
precautions had, however, been rescinded on 21 June.
216. Except for the above security measures, there had been, according to the
Israel Government, no discrimination against Arab citizens: their property rights
had been fully upheld and respected and they were at liberty to leave the country
whenever they so wished.
217. For reasons explained above, the Special Representative was not able to look
into this particular problem extensively while visiting Israel: In Arab countries,
the Special Representative heard allegations that the Arabs in Israel were looked
upon and treated as second class citizens. Against this, the Israel Government
maintained that the Arab citizens of Israel, in peace-time or in war, were treated
in the same way as the rest of the population and that there Was no discrimination
against them.
218. During his last visit to Cairo, the Special Representative raised the question
of the Jewish minority in the United Arab Republic with the United Arab Republic
Government, which had just received his letter on this subject. The United Arab
Republic Government expressed the firm opinion that the Security Council
resolution did not apply to the Jewish minority in the United Arab Republic and
requested clarification on this interpretation before replying to the letter of
the Special Representative, The United Arab Republic Government pointed out in this connexion that the Jewish minority in the United Arab Republic consisted of
three categories. First, those of foreign nationality or origin, for example,
French and Italian citizens, who were looked after by the ambassadors of their
countries of origin. Some of this group had left the country already. Secondly,
the stateless Jews. These Were under the mandate of the United Nations High
Commissioner for Refugees, who has an office in Cairo. Thirdly, Jews of Egyptian
nationality. These were, so it was maintained, solely the responsibility of the
United Arab Republic Government.
I . . .
,.j
-6~
219. The Special Representative indicated that there were persistent allegations,
that 500 to 600 Jewish men (the Jewish minority in the United Arab Republic is
estimated at about 2,500 persons) had been kept in detention since the beghling
of the war, and held incommunicado, although allowed to correspond by letter
with their families and to receive relief assistance, and moreover that the
property of the Jews in Cairo had been confiscated.
220. The Secretary-General also took up this question with the Permanent
Representative of the United Arab Republic in New York and received‘essentially
the same response as the Special Representative. The Secretary-General raised
this question also with the Permanent Representative of Israel, who assured
the Secretary-General that if his Special Representative approached the
Government of Israel on the matter, he would find the Government responsive.
221. During his last visit to Damascus on 29-30 August 1967, the question'raised
by the Special Representative in his letter to the Syrian Government on the
Jewish minority in Syria was discussed at some length. Pending a written
answer to this letter, the Government explained that they welcomed the chance to
assure the Special Representative that the Jewish minority in Syria, numbering
about 4,000 and mainly concentrated in the cities of Damascus, Aleppo and
Kamishli, was treated in exactly the same way as other Syrian citizens. As
among the Christian and Moslem population, there were among the Jews certain
individuals who were under suspicion for anti-Government activities and were
therefore restricted in their movements for security reasons. Otherwise-they
had the same freedom of movement and of work as other Syrian nationals.
222. The Special Representative was invited to visit some Jewish shops, and
during a tour of the shopping district of Damascus in the company of officials
of the Ministries of Foreign Affairs and the Interior he saw a number of Jewish
shops which all seemed to be working normally.
VI. CONCLUDING REMARKS
223. This report gives a wide-ranging impression, which clearly could not be
exhaustive, of the problems, the sufferings and the condition of the peoples in the areas of the Near East affected by the hostilities of last June. This tragic
human aftermath of war is a world-wide responsibility and must touch us all.
224. The report leaves no room for doubt about the grave hardships which the
peoples affected have undergone, and it is clear that in many places hardship and
distress on a large scale continue. I hope very much that the Governments concerned
will find it possible to divorce the purely humanitarian aspects of the situation
in the Near East from the political and military aspects, so that measures to
relieve the suffering of the innocent civilians involved can be taken with
humanitarian considerations mainly in mind. It would be doubly tragic if the
victims of the war should continue to be victims of the animosities and tensions
of the parties to the conflict and if efforts to alleviate their sufferings were
rendered ineffective by any spirit of retaliation or vindictiveness. It is clear
from'the report that the Governments concerned have themselves exerted efforts to
help the people affected by the war. I very much hope that, pending some more
basic settlement, these efforts can go forward and be increased. TJNRWAls efforts
also have now become more indispensable than ever, and I hope that co-operation
with UNRWA in the area itself as well as support for it from outside will be
commensurate with the new challenges which UNRWA now has to face.
225, I wish to express my appreciation to all the Governments that have made
voluntary contributions of one kind or another to aid the distressed peoples of
the Near East. Many of these voluntary contributions are set forth in detail in
document ~/6792 and Add.1. I would also like to record my appreciation and
admiration to the many voluntary and national agencies which have given practical
succour to the afflicted peoples of the Near East in this tragic time. In
expressing these sentiments, I feel it my duty to point out that the onset of
winter will greatly increase the sufferings of many and that more assistance of
almost all kinds is still urgently required. I appeal to all Governments, and
to voluntary agencies as well, to continue to contribute to the humanitarian task
which faces the international community in the Near East.
/ . . .
" .
i
-65 i
,
ANNEX I
Itinerary of the Mission of the Special Representative
(11 July - 1 September 1967)
11 July
16 July
1.7 - 18 July
18 July
20 July
20 July
23 July
24 July
25 July
26 July
27 July
28 July
29 my
4 August
6 August
8 ,August
9 August
11 August
Arrival at Beirut by air from New York.
Beirut - Damascus by car.
Visits to refugee camps in and around Damascus.
\
Damascus - Amman by car.
Visits to refugee camps in the Jordan Valley close to
Allenby Bridge, Karameh, Salt and a new camp in the desert
north of Amman.
Amman - Beirut by air.
Beirut - Jerusalem via Tel Aviv by car.
Jerusalem - Nablus - Jerusalem by car. Visit to the Old
City of Jerusalem.
Visit to camps at Kalandia and Amara.
Jerusalem - Tel Avia - Jerusalem by helicopter. Visit to
POW camps at Atlit.
Jerusalem - Tel Aviv by car.
Tel Aviv -* Nicosia by air.
Meeting with the Chief Delegate of ICRC in Nicosia.
Nicosia - Cairo by air.
Cairo - Liberation Province (north-west of Cairo) - Cairo
by tax.
Visit to refugee camps.
Cairo - Beirut by air.
Beirut - Amman by air.
Amman - Jerusalem via Allenby Bridge by car.
Jerusalem - Safad by air.
Safad - Kuneitra - Majd-el-Shams - Safad via Banyas and
Tel Azzaziat by car.
Safad - Jerusalem via the kibbutzim of Lehavot Habashan,
Gadot and Tel Katzir by car.
Jerusalem - Hebron - Beitaua - Bethlehem - Jerusalem by
car.
/ . . .
12 August -
13 August -
14 August -
15 August Y
17 August -
25 August -
27 August -
29 August -
30 August -
1 September -
-64-
Special Representative:
Jerusalem - Amman - Jerusalem via Allenby Bridge by car.
Assistant to the Special Representative:
Jerusalem - Qalquiliya - Beitnuba - Yalu - Imwas -
Jerusalem by car.
Tour of the outskirts of the Old City of Jerusalem.
Jerusalem - El Arish - El Kantara (Sinai) - Ashqelon by
helicopter.
Ashqelon - Gaza - Jabalia - Jerusalem by car.
Jerusalem - Beirut by car.
Beirut - Cairo by air.
Cairo - Beirut by air.
Beirut - Damascus by car.
Damascus - Beirut by car.
Departure from Beirut for New York.
-65-
ANNEX II
Aide-memoire submitted to the Special Representative
by the Jordanian authorities
1. .At the meeting held today in the office of the Prime Minister in Amman
attended by Mr. Gussing and his aides on the one hand, and members of the
Ministerial Committee for Refugees t Affairs on the other, a complete review was
made of the background, causes and development of the refugee problem involving
about 215,000 Jordanian nationals who were displaced from their camps, villages
b and towns on the West Bank of Jordan.
The review included also measures taken by the Jordanian authorities in
collaboration with UNRWA and with the help of sister and other friendly countries
t0 provide whatever measuTe of relief was possible and practicable under very
different circumstances of influx of large numbers of refugees during the Israeli
aggression and directly thereafter with very limited supplies of' tentage, blankets,
foodstuffs and medicines at the disposal of the authorities,
2. The Jordanian Government hastened to set up a Ministerial Committee composed
of the Ministers of Finance, National Economy, Education, Social Welfare, Health
and Reconstruction and Development as well as the Director of Public Security
and the President of the Jordan Red Crescent Society. This group was to be joined
at a later stage by two representatives of the private sector and the Governor of
Amman. This Committee organized relief work and controlled all stocks of
contributions in kind on receipt and distribution. It also conducted through
sixty-two centres throughout the East Bank which were managed by committees
consisting of civil servants and UNRWA officials, a registration of those refugees
who were mainly housed in schools, social centres, public buildings and mosques,
living in a very unhygenic manner, mixed up in a socially unacceptable manner and
overcrowded with very poor nutrition especially for children. The registration
date set for 1 July 1.967 was announced ahead of time to all, but particularly for
the purpose of those who were not in such public buildings but had stayed with other
other refugees in camps around Amman, Zerka and Irbed or had no shelter at all,
and stayed in the open fields. The forms they filled in triplicate (copies
presented at meeting) contained many details about the family whose head filled
the form after being cautioned against untruthful statements. It contained items
-66-
relating to previous registration card with UNRWA, place of residence and such
other relevant information. Once the registration was completed, the refugees
were teken to the eleven camps set u$ by the Government, in respect of six of
.
which UIXRWA had accepted to take managerial and maintenance responsibility. These
camps were located at:, Souf, Zezia, Wadi Dhuleil, Mayan, Tafeeleh, Kerak (on the
highlands), and Karameh, Shuneh, M'adi, Deir Alla and Wadi El-Yabis (in the
Jordan Valley). Those camps that were not taken by UNRWA were managed by the
Government with help in certain respects from UNRWA.
The result of the registration showed a total of 177,165 refugees but did not
include a large number who were not registered. The number registered is estimated
to be 70 per cent of the total number of refugees and displaced persons,
3* It can hardly be said that, in spite of all the efforts on the part of both
the Government and UNRWA, the general conditions of the refugees was in any manner
or description satisfactory. It is true to say, however, that their problem
continues to be humanitarian, social and political of an undefinable magnitude,
The Jordan Government had noted with satisfaction the Security Councilts
resolution No, 237 adopted at its 136ht meeting on 14 June 1967, and had on
more than one occasion made appeals to the Secretary-General to ensure the
implementation of said resolution:
A, With respect to total or major destruction by the Israel attacking
forces, whether during combat or after the cease fire, of many Jordanian
towns and villages on the West Bank of Jordan including but not limited to:
Kalkilya, Beit Nuba, Imwas, Yalu, Beit Aou, Nuba, Khares, Idna, Soureef as well
as the Magharbeh Quarter and Sa'diyah Quarter in the City of Jerusalem.
All of this resulted in making homeless and destitute all the innocent
civilian dwellers and inhabitants of these plaqes, turning them into helpless
refugees and displaced persons. A visit by Mr. Cussing t.o these places is most
important to establish the facts with regard to the damage caused by Israeli
forces,
B. With respect to returning the refugees who have fled from the West
Bank of Jordan sinc.e the outbreak of hostilities to their homes, camps, towns
and villages.
/ . . .
-67-
4. The UNFS?A COMMISSIONER GENERAL put out his'report on "HUMANITARIAN ASPECTS
OF THE SITUATION IN THE MIDDLE EAST" on 18 June 1967 and his second report on
4 July, which has since been issued as a United Nations General Assembly and
Security Council document. Both of these reports showed clearly the pitiful,
condition in which the peaceful inhabitants of the West Bank of Jordan had
found themselves and in some cases becoming 'refugees square" (for the second
time", since 1948.
5s ' The Government of Jordan has consistently maintained that the West Bank
of Jordan, which was under temporary and forcible military occupation by the
Israeli army, was an inseparable part of the territory of the Hashemite Kingdom
of Jordan, and that the right of those who have been displaced from their lands
and homes to return thereto and to maintain possession and ownership thereof
was an established and inalienable right. It appealed to the inhabitants of the
West Bank still resident there to stay in their homes and lands, and made continued
appeals to the United Nations for the return o,f the refugees who moved from the
West Bank or who have been displaced therefrom.
On 3 July and after the Israeli announcement of 2 July, the Jordan
Government reiterated its stand as above described and conveyed it again
officially to the Secretary-General through the Jordan Permanent Delegate
at the United Nations. ,
Then followed the General Assembly's resolution on Humanitarian Assistance
adopted on 4 July, which welcomed with great satisfactkon the Security Councilrs
resolution 237 (1967) of 14 June.
6. Cables were exchanged between the International Committee for the Red Cross
and the Jordan Government between 5 an& 7 July regarding setting up two
pedestrian and two transport bridges on the River Jordan for the purposes of
returning refugees and displaced persons. The Jordan Government gave all the
approvals required on very practical and reasonable conditions.
7. Continued consultations were maintained by the Jordan Government with the
Commissioner General, Deputy Commissioner General and the Representative in
Jordan of UNRWA for the purpose of administering relief to UNRWA registered
refugees who moved to the East Bank from the West Bank of Jordan, as well as
to other displaced persons, The Government also paid a great deal of attention
in said discussions to:
/ . . .
A. Deteriorating conditions of inhabitants of the West Bank of Jordan,
where the economy has been paralysed, a shortage of food approaching hunger
was becoming a threat, means of transportation were confiscated by the occupying
forces, and there is no circulation of money due to confiscation by occupying
forces of cash on hand at the Jordanian banks who were closed for business by
these forces.
B. Return of the refugees and other displaced persons who moved from the
West Bank of Jordan during and as a result of the hostilities.
Similar contact was being maintained with the President of the International
Committee for the Red Cross, the League of Red Cross Societies and the Red
Cross delegates in Jordan, A meeting was held by top Government officials and
the President on: 15 July in Amman.
8, The Jordanian stand has always been very clear:
A. The West Bank has been and continued to be an inseparable part of the
land and territory of the Hashemite Kingdom of Jordan inhabited by Citizens
of the Kingdom.
B, The right of the refugees and other displaced persons to return to
their homes and lands in the West Bank of Jordan was sacred, undisputable and
inalienable. It is a right that stands no condition and should not be subject
to any,.
C. The return of the refugees and other displaced persons in exercise of
the right above mentioned should be under the supervision of the ICRC and any
request for such return by the families should be made to the ICRC, who is
fully empowered by the Jordan Government to satisfy itself of the identity and
place of residence on the West Bank of the refugees and displaced persons in
addition to verification of any other information regarding any of the refugees,,
The Government is willing to facilitate the work of the Red Cross to the utmost,
+ D. The occupying forces should return to their rightful owners all
properties confiscated whether in the form of transport vehicles, other materiel
assets and all monies confiscated unlawfully and forcefully from Jordanian banks
in the West Bank of Jordan which amounted to about JD 600,ooC.
-69-
E . As very few refugees have ever had an identity card issued them and
.even fewer were able to bring with them any identification papers in the very
difficult circumstances of their influx and flight from the West Bank, it was
proposed to the Red Cross:
(0 The forms customarily used by the Red Cross for such repatriation
operations are acceptable to the Jordan Government. This is a
humanitarian operation and should not form a part of any political
involvement.
F.
with some
stated in paragraph 2 above as adequate evidence of the status and
place of residence of persons other than UIVRWA registered refugees in
respect of whom UNRWA certificates would be issued as in (ii) above.
The Jordan Government would like to provide the returning refugees
food-stuffs and some cash for their livelihood and this should be
facilitated by the Israel Authorities,
G. . The Jordan Government has arranged with UNRWA for administering relief
assistance to the returning refugees en route to their camps and at their camps
after return thereto, Also an international appeal has been made through the Red
Cross for urgent relief assistance to other inhabitants of the West Bank who live
under very difficult economic, political and social conditions.
H. The Jordan Government is attempting at making some suitable arrangements
for the reopening of Jordanian banks on the West Bank under the auspices of the
IMF in order to serve Jordanians in rehabilitating economic activities on the
West Bank pending withdrawal of the occupying forces from Jordanian territory,
(ii)
(iii)
To have UNRWA issue certificates for those who have been UIYRWA
registered refugees in the West Bank and who had received UNRWA
rations in May 1967, and were eligible for such rations in May 1967,
and were eligible for such rations on 5 June 1967.
To accept the 1 July registration form filled and certified as
ANNEX III
Aide-memoire prepared by the Jordanian authorities
concerning talks held with the Special Representative
by the Minister of Foreign Affairs and the Minister of
National Economy of Jordan,in Amman, cn5 August 1967
1. This meeting took place at the office of the Minister for Foreign Affairs
at LO,15 a.m., and was followed by another meeting between Mr. Gussimg and the
Prime Minister.
or, Gussing was desirous of reviewing developments that have taken place
since his last visit to Amman which ended on 19 July, and stated that he intended
to go over to the occupied territory on Sunday, 6 August, for a more extensive
visit.
2. The viewpoint of the Jordan Government was stated as follows:
A. The Government is still desirous of repatriation of the refugees and
other displaced persons who have moved over to the East Bank from the West
Bank of the Hashemite Kingdom of Jordan during, since and because of the Israeli
aggression of June 1967. w
The Government has done all it could to have this humanitarian operation
successfully effected, including authorizing the Jordanian Red Crescent Society
and the International Committee for the Red Cross to take all measures and steps.
in accordance with their conventions and principles of International Law (with
special relation to inhabitants of occupied territories), to return the refugees
and displaced persons to their homes, towns, villages and camps on the West Bank,
presently under temporary military occupation,
The Government, therefore, hoped that Mr. Gussing will continue his efforts
to achieve this end in fulfilment of the Security council*s resolution of
14 June 1967 (No. 237/1361). The Government being ready to facilitate his work,
affirms its p?XdoUS stand in welcoming Mr. Gussing to visit any part of the
countrY and to meet whomever he finds necessary to meet and talk to, but it feels
it is only Proper not to allow such rightful return to Jordanian territory by the
refugees and displaced persons who are all citizens of the Kingdom, nor such a
hwnanitarian operation to form part of any political involvement,
I . . .
-7l-
Equally, the Government of Jordan felt that it was most essential for
Mr, Gussin to be given the freedom and opportunity to visit all places and to
meet all people in the West Bank of Jordan whom he deems would contribute
towards better enabling him to report more fully to the Secretary-General
regarding the situation on the West Bank and the conditions under which its
inhabitants are today living. This would particularly be true in the case of the
towns and villages wholly or partially demolished by the occupying forces
(paragraph 3 A, page 2 of the Aide Memoire dated 19 July). Equally important
would be the visit by Mr. Gussing to the detained personalities whose matter will
be alluded to hereinafter.
It was promised that Mr. Gussing would be informed of the outcome of
Jordan's discussions with the Red Cross as soon as possible. (Mr, Gussing was
given a fuller and up to date briefingby the Chairman of the Ministerial
Committee for Refugees Affairs during the course of the evening.)
3. Mr. Gussing's attention was drawn to the unlawful detention and expulsion
by the military forces in the occupied territory of leading Jordanian citizens
in Jerusalem, some of whom are high Government officials, and other professional
personalities.
The following have been detained and/or expelled to other parts of
Palestine:
(i) Mr,, Anwar Al-Khatib, Governor of Jerusalem,
(ii) Dr. Daoud Al-Husseini, one-time a Member of Parliament.
(iii) Mr,. Ibrahim Bakr, an advocate and member of the Jordan Bar.
(iv) Mr. Abdul Muhsin abou Meizer, an advocate and member of the Jordan Bar.
The Government takes the firm stand that the action in respect of the above
gentlemen is highly illegal, contrary to recognized principles of International
Law and contravenes both The Hague Rules and the Civilian Convention of Geneva.
It is, in addition, in direct conflict with paragraph 1 (a) of the Security
Council resolution No. 23Tr whereby Israel was
welfare and security of the inhabitants of the
have taken place".
called upon "to insure the safety,
area where military operations
/ *..
-
Lc. Mr. Gussing's attention was also drawn to the attempts by the military
authorities in the Occupied Territory to require Jordanian teachers to fill forms
by or before 6 August 1967, which provide for a statement by the teacher filling
such form to the effect that his l'$revious nationality was Jordanian" and
"present nationality is Israeli". This is absolutely and flagrantly contrary
to Rule 45 of The Hague Rules of 1.967, whereby it has been forbidden to force the
inhabitants of the Occupied Territory to swear aUegiance to the occupying force.
5. The same treatment meted to the teachers has also been attempted at:
A. Judges of the courts of justice, who have been required to owe
allegiance to the occupying forces, who have been required to sit in Ramallah
while their normal area of jurisdiction under existing Jordanian laws is in
Jerusalem, and whose working conditions1 was being made so impossible that they
cannot exercise justice in accordance with the laws of the land.
B. Doctors and other professional people whose working conditions were
being made impossible, especially in the case of doctors where the question of
allegiance and extremely poor pay combine to cripple their most needed services
to the inhabitants.
6, In addition, the Occupying forces have announced their intention to change
the curriculae and teaching programmes at the schools in the West Bank of Jordan
while it is also a recognized principle of International Law that schools and
educational establishments must be permitted to continue their ordinary activities,
and the occupant is bound to facilitate the proper working of all institutions
devoted to the care and education of children. Kindly refer to article 50 of
the Geneva Convention "The Civilian Convention" of 1949.
7. All the above being basic aspects of the welfare of the inhabitants of the
West Bank, the Government "requests the intervention of Mr. Gussing, to seek an end to such unlawful measures", which might lead to injurious results harmful
to the whole population of the West Bank of Jordan including Jerusalem.
8. The il.Legality of all actions taken by the occupying forces with regard to
Jerusalem was also discussed, It was becoming very apparent that these forces
were not getting any response or co-operation from the people of the city in
respect of such illegal acts. On the other hand, such acts have prejudiced
/ . . . .:.
-72-
the safety and well-being of the inhabitants, Some attempts have been made at
I: >14X changing existing Jordanian laws, imposition of taxes and customs duties on goods
coming into the city from other parts of the West Bank of Jordan, in addition
15%
to other arbitrary and illegal measures, with the result of causing extreme hardships, obstmcting and disrupting the minimum of economic activities and
causing unemployment.
It was requested, therefore, that such a situation should "receive the
attention and care" of Mr. Gussing as touching on the welfare of the inhabitants.
It will also be brought to the attention, at a later stage, of the United Nations
Secretary-General's Personal Representative for Jerusalem.
/ . l .
ANNEXIV
Statement on the situation on the West Bank by an official
Jordanian spokesman, submitted to the Special Representative
by the Jordanian authorities
2 August. 1967
i
An official Jordanian spokesman announced the following:
The occupying authorities broadcasted that they have carried out an economic
survey on the West Bank of the Hashemite+Eingdom of Jordan in which they claimed
that the Jordan Government has not invested in the West Eaak except one third
of total investments and that it adopted other economic discriminatory measures
against Jordanian nationals in the West Bank.
The Jordan Government declares that all these claims constitute a clear
distortion of facts and falsification of the simplest principles of economics and
do not represent except cheap intrigue meant to create confusion and cover up for
the enemy's responsibility for stagnating the economic conditions in the West Bank
by various means and pressures so as to destroy economic, construction and touristic
activities, thereby creating unemployment, decreasing output and income and
throttling business activity.
The Jordan Government views and continues to view the Kingdom with its two
Banks as constituting one entity from the political, economic and social aspects.
On the basis of this principle it has formulated, financed and implemented plans
to develop all of Jordan's human, natural and economic resources with the aim of
raising living standards of its people wherever they are and without any
discrimination whatsoever, with special emphasis on the development of all these
resoWYeS in order to increase income and production and create additional
employment opportunities without neglecting the development of social sectors such
as health, education and social welfare. In addition, adequate attention has been
given to road construction, public utilities and other social ser&.ces which wo&d
suPPort the development of productive sectors and strengthen its effectiveness.
As it is well known to international economic circles, Jordan has faced
since 1948 tremendous obstacles consequent to the Israeli aggression which resulted
in the influx of one million Palestinian refugees. This has led within few months to tripl.ing the population of the Hashemite kingdom of Jordan without
a proportionate increase in the country's resources. Moreover it has necessitated
c omplet e rerouting of Jordan's trade and lines of communication. Notwithstanding
all these problems, Jordan has, under the wise and dedicated leadership of
H.M. King Hussein and efforts of its people, achieved rapid economic growth,
Gross National Product has risen from JD 52 million in 1954 to JlI 187 million
in 1966 thereby raising per capita income from CTD 37 in 1954 to JP 95 in 1966.
In spite of the non-stable conditions in the Middle East engendered by the
continuous encroachments and acts of aggression by the Israeli forces of evil,
the profound confidence of Jordanians in the growth and prospects of Jordan economy
has been the major incentive underlying their participation In the development
of the various sectors of the economy by investing their savings which raised the
proportion of capital formation to,,gross national product from 10 per cent in
1954 to ~&per cent in 1966. The, role which the Government exercised in this respect has contributed significantly towards strengthening this confidence
through the maintenance of financial and monetary stability as well as the creation
of close co-operation between the public and private sectors towards attaining,
the objectives of comprehensive development.
According to official statistics, the direct contribution of the West Bank
amounted to 40 per cent of gross domestic product, and about 50 per cent of :
gross national product' if the appropriate economic components were taken into
consideration. This plainly refutes the figures given in the misleading report
which was broadcasted by the occupying forces. Therefore per capita product in
the West Bank is higher than was cited in the referenced report.
Moreover available data indicate clearly that investment by the private and
public sectors was almost equal in both Banks. For example, investments in the
West Bank of the Kingdom represented about 95 per cent of total investment in
tourism, 60 per cent of private constructions, 52 per cent of Government buildings,
48 per cent of municipal and rural development schemes and 44 per cent of highways
and roads.
Th, e Government of Jordan has, through its financing agencies, provided
necessary funds to develop the agricultural sector in the West Bank in accordance
with & sound and well conceived plan. This led to the prosperity of this sec$i:
and e&panded production whereby it produced 87 per cent of the country's produdt~on
of olives, 80 per cent of fruits and 45 per cent of vegetables. This has been
achieved in spite of the fact that the agricultural area of the West Bank does not
exceed 28 per dent of the total cultivated area in the Kingdom.
The Government has also established and financed 239 co-operative societies
in the West Bank out of a total of &64 societies in the Kingdom. In addition
investments have been made in irrigation, water supply, and electricity projects.
Theiimplementation of Jordan's electrification plan has been commenced and its aims
at provid-ing electric power to all villages in the Kingdom with population
exceeding 2,000 inhabitants ,by 1970. Similarly work was underway on the expansion
and:improvement of the Jerusalem Airport and the construction of a modern highway
co$ecting Jerusalem and Bethlehem. These two projects were planned to be
completed this year had it not been for the Israeli aggression.
Industrial planning,in Jordan, as is the case with other countries, is based
on sound economic bases, and thus Jordan industries have been established in the
various parts of the Kingdom in a way befitting the conditions of each industry
and the attainment of its econctie and technical feasibility so as to contribute
to the development of the Kingdom as a whole giving equitable employment and
ownership opportunities for all Jordanians.
There is no doubt that all &tempts by the enemy to distort facts and spread
confusion are doomed to failure particularly since all citizens in both Banks
are aware of the extent of the joint efforts by the Government and the public
which were made and continue to be made in the various fields of economic and
social development which have effectively contributed in raising living standards
and,income to all Jordanians.
: Our citizens in the West Bank have experienced all means of enemy twisted
proiaganda which aims at diverting the attention of the people from the
indisputable fact of the unity of Jordan soil and their deep faith in the national,
social, economic and political ties which unite all Jordanians together in one
family and with one goal in mind, namely, the invincibility of the Hashemite
Kingdom of Jordan and its prosperity as an indivisible part of the Arab World.
B’i.rst aide-memoire submitted to the Special.
Representative by the Israel authorities on
the situation on the West Bank
_S_o_m-e-- “-c-h-_a-r-a--c-t-e--r-i_st_ic_s_ _I____o__f __W_e_s_t_ _B_a-n k economy
The West Rank had almost half of Jordan’s population ( 900.000
Out of two million ) but it accounted for only one-third of the output. Average
income in Transjordan was U.S. $335 per person; in the West Bank only U. S.
$216. One cause was the bias in investment policy, another the presence of
refugees. Of U. S. $84m. invested in 1966, two-thirds went to Transjordan,
seat of, all the country’s sizeable industries, such as oil refining, cement’
and phosphates. On the other hand economic activity in the West Bank,
concenfrated on agriculture, supplying 12 per cent of Jordan’s farm output,
and on tourism.
The West Bank had only 22 per cent of Jordan’s industry and
16 per cent of her trausport. Total industry output in the West Bank equals
two per cent of Israel’s production.
_E_m-p--lo--y-m--e- nt
Several steps have been taken in order to provide wider
employment to local labour. The Public Works Department was instructed
to follow‘the same work methods as in the past, A large number of labourers
(500) have been engaged by the authorities to work on road repairs on the
Nablus-Ramallah and Megiddo-Jenin roads. Another 300 are working on road
repairs in the Ramallah and Jericho areas. 130 workers have been employed
in the same areas in afforestation and irrigation. Street repair work is
conducted in Jenin. The Nablus municipality received a loan from the Israel
authorities for current public works ‘and the road leading to Mount Gerizim
will be widened, The road from Tul Kaream will be repaved. 18 large public
buildings the construction of which was interrupted by the outbreak of war,
will now be completed, mainly in order to provide employment. The Public
\Vorks Department is resuming work on projects which employ 15.000 persons.
The Jiinistry of Labour is setting up vocational training centres
for ~nl~killed dltlt~, ” Ort” is preparing to open 4 vocational schools in the I
A_g-.r.i-c-k--tu--ree- -
-78.
Agricultural institutions operating before 5 June have been
reopened and are manned largely by the original staff. Also operating
are Government research stations, plant nurseries, offices of afforestation,
veterinary supervision centers. The next agricultural season is being planned
with a view to avoiding surpluses. Commercial marketing of agricultural
prcduction has been organized in order to solve the Problem of agricultural
surpluses it has been agreed that they would be used ti Israeli processing
plants. In the field of agricultural exportation a trial shipment of plums from
Hebron was air-freighted by El-Al to West Europe.
I_n-d-_us--t-r-y
The Nablus factory ,@roducing special oil used in Arab cuisine has
reopened, It employs 150 workers. The local match ractory is operating again.
C--o--m--m--e_r-c e
Branch offices of the Ministry of Commerce and Industry will be
opened in the major towns of the West Bank, the Gaza Strip and the Golan Heights
to help local businessmen. A senior Ministry official has been appointed to
coordinate commercial and industrial activities in these areas.
Trade will be permitted between the West Bank, the Gaza Strip
and the Golan Plateau.
-S-e--r-v-i-c-e s
-P-o--s-t-s
The Post Office in Jenin was reopened, bringing up the number
of post offices that have resumed work on the West Bank to six - in Hebron,
Bethlehem, Ramallah, Jericho, Nablus and Tulkarm. Distribution of mail
in all villages has been arranged.
Phones i’n East Jerusalem have been Hnked to the national direct
d&ding I~JV~~CZDWLor.k has also been ordered to proceed on the restoration of,
interurban telephone connections between the West Bank towns.
-E-l-e--c-t-r-ic--it y
A survey has been carried out of electricity supply. Damaged
lines and wires have been repaired. The whole Western Bank electricity
network is operating except for the Jericho high voltage line scheduled
for reopening on 15.8.67. At ,present Jericho gets its electricity supply
from a local generator.
-W--a--t-e r
Thorough water supply system surveys were carried out.
Existing installations are operating and those under constructions are
being completed.
-H-e--a-l-t h
Hospitals and clinics are functioning normally. The 1.700
beds that were at the disposal of the local population are used as before.
Health and sanitary conditions are satisfactory. This results in low
occupancy of hospitals. In special cases, where local facilities cannot
supply adequate medical treatment, patients are transferred to Israeli
hospitals,
The Israel authorities assist in the operation of 8 governmental
hospitals, 6 health clinics and a central laboratory. A blood supply was
arranged for urgent cases, and preparations are under way for the
establishment of a Blood Bank.
Vaccinations against epidemics are carried out in cooperation
with UNRWA,
The local staff of public health organizations, which amounts
to 700 persons, receives wages from the Israel Ministry of, Health.
A special commission under the chairmanship of a deputy director
of the Ministry of Health was appointed for the purpose of planning preventive
medicine, public health and sanitation.
/ . . .
-.-h
The Israel Medical Association has announced that it is ready
to admit to its membership all medical institutions and personnel within
areas now under Israel control. It has also announced that Israel doctors
would extend to these areas all necessary assistance to solve their. health
problems.
-E= -d,=u=s =a=t,io n_
Registration of educational staff was completed as schools are
scheduled to open on.l.9.67 after the end of the summer holiday. 4.575
teachers are being paid their salaries by the authorities.
The number of school children in the West Bank is about
180.000 of whom 130.000 attend governmental schools ; 42.000 are in
UNRWA schools and the rest in private institutions.
The Israel authorities have set up a special budget for repair
of schools damaged during the’war.
-We-e-lefa--re
3 district welfare officers operate in Jerusalem, Hebron and
Nablus granting allowances to individuals and supportingsrarious welfare
organizations. Also operating are 8 welfare institutions, 9 juvenile
deliquency institutions, a home for aged, for the blind and one for homeless
bhildren.
150 persons are employed in the above-mentioned institutions.
C ommunic ation
The Egged Transport Company has opened recently anew bus
route from Gaza to the West Bank, via Beer-Sheba. Buses will ply’the
route twice daily with stops at He&on, Bethlehem, Jerusalem, Ramallah
and other West Bank towns,
R--E--L-I-G-_IO- N
8 Xoslem religious courts are functioning. The staff (40), is
being paid by the Israel authorities.
Protection of the Holv Places
The Ministry of Police is about to set up a ” Holy Places guard It
consisting of 48 unarmed watchmen of various denominations, with full
police authority. The Ministry of Religious Affairs is helping the Moslem
religious trusts in East Jerusalem to repair the few mosques that were
damaged during the fighting. The Egyptian architect supervising the restoratioh
work at the Dome of the Rock at the El Aksa Mosque, Mr. Abdul Moneim
Abd-el-Wahab, is back at work.
L--A-_WCivil
courts have resumed their work in Nablus on 3 3uly,
They are adjucating under Jordanian law.
Second aide-memoire submitted to the Special
Representative by the Israel authorSties on
the situation on the West Bank
Israel’s policy in the areas under its control is guided by the
following principles :
a.
b.
C.
Speedy restoration of normal civilian life in all its aspects;
Continued functioning of existing local authorities;
Return of West Bank inhabitants who fled following the
outbreak of hostilities;
d. Co-operation with UNRWA, the International Red Cross
e.
f.
and welfare organizations operating in the areas;
Study of possibilities of solving the refugee problem;
Buttressing the economic fabric of the towns and the
countryside.
TIIE WEST BANK
The effects of the hostilities
The fighting was brief, Consequently, physical damage and casualties
were limited. Nevertheless, by the time cease-fire between Israel and
Jordan was established, life on the West Bank was seriously disrupted.
During the fighting, considerable numbers of inhabitants crossed the
Jordan River eastwards. In many cases they were motivated by fear;
but the main impulse was economic: the desire to ensure the continusd
reciept of money transfers from relatives in other Arab States or of
salary payments by the Jordanian Government. Many of those who left
the West Rank were registered with UNRWA as refugees, The certainty
that they would continue to receive UNRWA assistance served as
encouragement.
As a result of the hostilities there was a general breakdown of
public administration, Many of the Government and municipal officials
crossed to the East Bank during and after the fighting. Frequently they took
with them the public funds in their charge. The shortage of funds was
further accentuated by the fact that banks were found to have a liquidity
of less than ten per cent. The remainder was usually held at the head
offices in Amman. Furthermore, such services as electricity and
telephone communications were seriously damaged during the fighting.
A number ofmeasures of an administrative and economic nature have been
adopted with a view to restoring normal life.
Municipalities and local councils
Shortly after the cessation of hostilities, all municipal and local
councils were urged to pursue their activities as usual. They are now
in the course of preparing ordinary and long-term budgets. Advances
on municipal budgets have already been made by the Israel authorities.
These advances, paid in Jordanian dinars, are intended for-salary
disbursements and other routine expenses. The salaries of all municipal
; employees are paid regularly.’ This applies also,to most of the former
Government officials, including all teachers. The latter are now on
summer vacation but have already begun preparations for re-opening
schools in accordance with the regular schedule.
Public Health
Health services are functioning normally. Hospitals are fully
staffed and equipped. Medical supplies are distributed where needed,
but ample stocks are in general available locally.
Freedom of movement
Curfew has been rapidly reduced. There is complete freedom of
movement within the West Bank. Movement from the Gaza Strip to the
West Bank, not permitted in the px st, is being gradually introduced. Visits
are being arranged from the West Bank to various parts of Israel,
Transportation
Almost all private vehicles requisitioned during the hostilities have
been restored, This is true also of all agricultural machines and equipment.
Public transportation, including inter-urban bus services, has been
fully resumed. Fuel supply is normal.
Local Police
Arab policemen have been re-employed on a large scale.
Administration of Justice
Local Courts, including District Courts, have been reactivated.
They are functioning on the basis of laws in force before 5 June.
Postal Services
All major post offices have been re-opened.
Commerce
Most shops and other commercial enterprises have re-opened. The
influs of tourists has contributed to a considerable upsurge of commercial
activity.
Welfare
All personal remittances from abroad reach their destination
through banks. With a view to channelling new funds into the economy
All international and local welfare organixations, including religious
welfare institutions, are being encouraged to pursue their normal
activities. Most have resumed their regular work. Arrangements are
also being made for continuing the welfare activities formally supported
by the Government of Jordan.
Financial and economic measures
and encouraging development, Israeli banks have been permitted to
open -branches (one to a town) on the Fiest Bank. Cine of the main
activities is to grant loans to industry, commerce and agriculture.
Returnees from East Bank
Persons who had resided on the West Bank, and who crossed over
to the East Bank between 5 June and 4 July 196’7, have been permitted to
return to the West Bank, under an Israel Government decision adopted
as a gesture of goodwill. Arrangements for the return of such persons
are being made through the good offices of the International Red Cross.
Refugees
A special agreement was reached with UNRWA for the continuation
of its activities, In addition, the Prime Minister of Israel has appointed
a team of experts who will be charged with drawing up proposals concerning
ways and means of rehabilitating the Arab refugees. The team comprises
experts in the fields of economics, agriculture, irrigation, industry, crafty,
commerce, development, social problems, demography and related areas.
ANNEX VII Aide-memoire submitted to the Special Representative
by the Israel authorities entitled "Foundations of
Israel's economic policy in the areas under its control"
Ever since the termination of hostilities, the Government of Israel has
striven to restore normal social and economic conditions in the areas under Israel
control. Vital services had to be revived immediately to ensure an uninterrupted
supply of food for the civilian population as well as for the large number of
refugees in the West Bank and the Gaza Strip. Refugee needs .were subject
of an agreement signed by the Government of Israel with,UNRWA enabling the agency
to continue its activities in these areas as heretofore, Permission was also
granted to voluntary relief organisations previously active there to resume
their assistance to the needy.
During the five weeks of Israeli administration, the following basic steps
have been taken:
1, All municipalities and local councils are operating again and such local
services as electricity, water, sanitation, and police have been re-established.
2. Medical and health services are functioning satisfactorily,
3* Post offices have been reopened in the main towns, and municipal
telephone networks repaired,
4. Following the return of private vehicles to their owners, public
transport is being reorganized - vehicles are being tested, licensed and insured
for third party damages.
5* Banks have been opened to serve the public in the main towns of the West
Bank and the Gaza Strip.
A. FINANCE AND CURREIK!Y
The legal tender in these areas remains as it was before hostilities
(Jordanian Dinar, Egyptian and Syrian Pound).
Regulations have been issued to bar trading in all other currencies.
Implementation of this policy met with some difficulties owing to the very low
liquidity of the local banks, which in general hardly reached 10 per cent,
/
9 . .
Banks were> therefore, unable to reopen their doors to the public, and this meant d much hardship to depositers, who were unable to draw on their savings. The scarcity of means Of payment in circulation greatly hindered economic activity
in the first days, B, PRICE POLICY The Policy Of the Government of Israel is to maintain as far as possible the
level of prices in all the areas under control, with the exception of those of fuel, cigarettes and alcoholic drinks, in respect of which equalization with prices prevailing in Israel will have to be ensured, to prevent smuggling, -
C. AGRICULTURR All necessary steps have been taken to renew the rural pursuits which
constitute the mainstay of the economies of the,controlled areas, Representatives of the Israel Ministry of Agriculture, together with local elements, have already organized methods of supply and marketing of produce and primary materials through a central organization, All agricultural vehicles and equipment have been restored.
Wells have resumed pumping and the necessary fuel is being supplied. With the assistance of employees of Israel farmer organieations, fruit orchards and
Government farms are again under cultivation. The local farmers have gone back
to work their fields and plantations and to deliver the produce. Abandoned
groves are being cared for again, D. SUPPLY AND TRADE the guiding lines of this sphere are aimed at guaranteeing the incomes of wholesalers and retailers. To that end, Israelis have been forbidden to trade directly with the inhabitants of the areas under control Or to open branches Of
Israel firms or other businesses there. Land and property deals are prohibited. A central supply company has been ordered to supply the needs of wholesalers on their application - payments to be effected for the goods in local currency (Dinars or Egyptian and Syrian Pounds). Israeli Pounds may also be used. / . ,a T
-88-
E. THE BALANCE OF TRADE
It should be noted that, prior to the hostilities, the West Bank economy
suffered from a negative balance, of trade, covered mainly by tourism, transfers
of private funds and foreign aid. The maintenance of that economy at its
pre-war level, and the upkeep of services at previous standards, will require
an estimated import of capital totalling about 50 million US dollars a year.
The Gaza Strip*s foreign trade deficit amounted to 14.8 million US dollars,
(24.7 million US dollar worth of imports and 9.9 million US dollars worth of
exports).
F. TOURISM A brisk tourist trade existed previously in the West Bank only, All efforts
are being made to restore fully this trade. It has been decided to open the
tourist hotels and to resume organized tourism-in the Jerusalem region, the West
Bank and the Holy Places, and also in the city of Gaza and the regions of Banias
and El-Hamma. Two bus companies have been allowed to conduct organized tours
and permission has been granted for authorized bodies to engage in transporting
tourists to the various areas. Courses have been organized by the Ministry of
Tourism, for 200 guides resident in the West Bank, to bring their knowledge
up-to-date and to license them as guides, As from 19 July, all the areas are
open to organized tourism from Israel and abroad.
G. GOVERNMSNT-INITIATED WORKS TO SPUR ECONOMIC ACTIVITIES
1. Israel authorities have begun paying the salaries of all former civil
servants, including teachers who have come back to their jobs.
2, Means of payment have been allocated to UNRWA and CARE to pay the
salaries of their employees, who are numbered in the thousands.
3. Loans have been granted to municipalities to enable them to pay salaries
and current expenses. These are equal in amount to their monthly budgets.
4. Banks have been instructed to convert into local currency all foreign
currency remittances addressed to local inhabitants.
5. Tourists and Israeli troops are allowed to exchange Israel Pounds for
local currency to enable them to make purchases in controlled areas.
/ .a.
-
6. The Government of Israel has decided to make provision for underwriting
some of the banks to encourage them to grant loans for capital flow to industry,
trade and agriculture.
7* Instructions have been issued to complete public works and construction
begun before 5 June, utilizing local manpower and equipment.
8, Arrangements have been made for the continuation of social assistance
payments to those who had been on relief before the hostilities.
9s Full assistance and encouragement are being given to all relief
activities of such international bodies as UNRWA, CARE and the Red Cross.
In co-operation with the Ministry of Labour, Israel authorities have drawn
up plans for the immediate employment,.of the chronically unemployed. They will
be engaged primarily in public works; such as road laying and repairing, clearing
debris, upkeep and completion of -public buildings, and afforestation. In the
first stage the Israel authorities will provide eplployment for 6,000 in the
Gaza Strip. These will be supporters of families, In,the meantime, teams of
experts are examining plans for medium-term employment.
It may be said here, that, despite the acute problems arising from the war,
life is being quickly brought back to normal, and that the local inhabitants,
by and large, are co-operating with the Israel authorities in reactivating the
economy. Although short-term implementation is as yet incomplete, attention is
already being given to medium- andlong-range economic-planning designed to ensure
productive employment which will allow thousands of refugees and other needy
persons to earn a sufficient and honourable living.
Aide+nemoire submitted to the Special
Kenresentative by the Israel authoritisg
on the si.tiiation in the Gasa Strip’ and
Northern Sinai,
Administration
The area is divided into three administr&ive -.-,d._is~ t.r icts headed by
Military Governors (Gaza, Rafa,&han Younis, El A&h). The local administration has been reinstated throughout the area. Thjs consists both of a central area admini&ation divided into ten departments and municipal and
local councils.
Elected mayors and village chiefs (mukhtars), as well as
municipal and rural officials, including those appointed by the Egyptian admi-
nistratioq are continuing in office, except for some senior Egyptian officials
and a few local officials who had to be replaced for reasons of securi@. Sirlaries for all local Government officials are unchanged and are being paid by the Israel
Treasury. Local government administrations are being granted loans in order to enable them to discharge their liabilities, until new budgetary proposals will
have been drawn up and the collection of local rates reactivated. Local administration is functioning smoothly and satisfactorily, and it
is not intended at present to introduce any changes in its structure.
Services
Essential services - electricity and street lighting, water supply, garbage
collectioa, bus service (local and inter-urban), taxi service, local Police
(partly armed) - are functioning normally, having been progressively
reactivated since the first week after Israel assumed control of the area.
Eleven police stations are in operation. Postal facilities are being resumed.
The railway line in the Strip has been linked up with’the Israel network, and
its capacity is sufficient to cope with any foreseeable traffic requirements.
Freedom. of movement
The hours of curfew prevailing in the area have been steadily
shortened. They extend at present from 9 pm to 4 am. The population enjoys
free movement throughout the Gana Strip. ti from 16 July, a system of permit8
is in operation, enabling permit holders to visit the West Bank. It is intended.
ID extend this system in the near future.
Hoallh
Hospitals are functioning normally. The Israel Ministry of Health has
delegated a senior medical officer,%0 ‘establish liaison with local health administrations
and public hospitals, The necessary medical supplies are being made
available from Israeli sources. There is no shortage of medical staff, and the
number of hospital beds available is amply sufficient.
Legal status
All laws and ordinances in force in the area at the moment the Israel
forces assumed control remain valid, except where changed by military ordi+
nances, proclaimed by the Military Governor. At present there are thirty-one
such ordinances, dealing mainly with security matters and economic problems;
Administration of Justice
All local Courts are functioning. Magistrates who’were officiating under
the Egyptian administration have taken up their posts and are holding court
normally., All lawyers admitted to the Bar under the Egyptian administration
are practising, and the basic rights of the accused are protected.
Legal Tender’
On 19 July, the official rate of exchange of the Egyptian pound was
fixed at six Israeli pounds, to one Egypti an. This replaces the previous rate
of three to one. This modification in the rate of exchange will enable the
population to double its purchasing capacity. It is to be observed that real
value of one Egyptian pound is TJS$ 1.20.
Fin ante and Ba&ing
Local banks had to be closed for lack of ‘available funds, all local
banks are branch - banks with headquarters in Egypt, and their liquidity,
was about ten per cent. An Israel bank has opened a branch in Gaza and is
offering normal banking facilities to local residents and institutions. Other
Israel banks are scheduled to open branches in the area in the future.
Arrangements are being worked out for the resumption of capital
transfers from abroad to l&al inhabitants.
Commerce
Most shops are open and functioning. Basic necessities such as foodstuffs
and petrol are supplied to local outlets by the Israel authorities. Fruit, vegetables
and meat are supplied to the market from local sources, and so far the supply is
plentiful. Preparations for the resumption of normal commercial contacts with
foreign markets are under way. As soon as commercial channels with Israel are
established, the Government will withdrow from the,local market.
Employment
A labour exchange bureau was opened on 16 July in the Gaza Strip. An
interim programme for the immediate employment of 15.000 workers has been
launched. During the first stage, workers will be employed on public works and
the revetment of Wadi Gaza and the seashore, Fishermen have been allowed to start
going out to sea again. The Israel Treasury is prepared to invest about one
million Israel pounds in ensuring employment for inhabitants of the Gaza Strip.
Education
Preparations are under way for the re-opening of schools after the summer
holidays. The Israel Ministry of Education and Culture, in co-operation with the
local Administration and with the aid of the Military Government, is beginning to
repair buildings and equipment which were damaged during combat.
Welfare
The .Israel Ministry of Welfare, in co-operation with the ‘Care* organization
has reestablished an assistance programme for 76,000 needy non-refugees, It has
been agreed to extend this programme to include another 10.000 needy persons in
the El Arish area, and there are plans eventually to bring it up to’s ceiling of
120.000 beneficiaries.
An adequate amount in the welfare budget allocation has been set aside as a
Government contribution to the lo@ orphanage.
In addition to the welfare offices functioning in Gaza, offices are being
set up in Dir-el-Balab and Khan Younis. All three offices are handling
applications for cash grants to needy,families. These grants ar’e in addition
to ‘Care* or UNRWA rations.
Other welfare organizations have sent study missions to the area and
are now working out programmes in various fields. In contacts with representatives
of these organizations, Israel authorities have stressed the need for aid
programmes of a constructive character, enabling a growing number of refugees
to be provided with productive work.
Agriculture
The agricultural services are functioning normally. The following projeots
deserve special mention:
El Arish Development Scheme. This scheme, projected by Egyptian
Administration, affects 10,000 dunams of various plantations. An effort is
being made to develop the irrigation system by improving existing and drilling
new artesian wells.
Bar Dawile. This lake, situated twenty kilometres to the west of El Arish,
is now being surveyed with a view to establishing its fishing potential. A research
vessel is operating in its waters and experts from the Israel Fishing Service are
conducting a research programme.
A study project on the salinity of underground wells and a soil conservation
project in the Wadi Gaza area have been initiated. Preparations are under way
to make the necessary arrangements for the marketing of the coming citrus harvest. ,
Small loans as well as supplies of insecticides and fertilizer are being
made available to owners of orange groves.
Crop Spraying, The local company has been revived and provided with
the necessary insecticides and equipment..
Veterinary Services.
The veterinary services have been strengthened by the addition of two
veterinarians.
-g4-
UNRWA
UNRWA food distribution and health services are back to normal.
Food distribution was resumed three days after the end of hostilities.
UBRWA education services are expected to continue normally when the
new school year opens.
Aide-memoire submitted to the Special
Representative by the Israel authorities
on the situation in the Gaza Strip
TRE GAZA STRIP
Employment
Unemployment registration has begun in: the Gaza Strip. The number
Of unemployed is estimated at 1.5.000 with some 10.000 in Gaza proper, The
Israel authorities report that they will try to place some df them in their
previous jobs in, various Government offices,
Welfare
Two welfare bureaus were opened in Khan Yunis and Rafah with local
personnel. Welfare recipients will be paid on the same scale as before.
Arrangements are also being made to reopen the Gaza Orphanage in time for
the new school year in September.
Food Supplg
Flour and sugar are being provided to Gaza through the centralized
marketing agency, thus helping to stabilize prices.
Facilities to stimulate economic life
Residents of the Gaza Strip will be able to go abroad, after
receiving an appropriate visa from the authorities. They will thus be able
to settle their financial affairs abroad and arrange for future transfers. This is expected,to stimulate the economic life of the city.
r
MAP I
ITINERARY OF THE MISSION
OF THE SPECIAL REPRESENTATIVE
(II July - I September
--I By air
SYRIA
! . . . . . ..#I....... II By car
---
./ /.;‘t\\ iJ ‘b DAMASCUS
JORDAN
UNITED ARAB REPUBLIC
0 50 100 160
MlLES
0 50 100 150
c
KILOMETRES
Th, houndc,,,e, ,h.um DR this map a,. not, In roma In~fasc~t,
2a” - /fndlv detemi4ned and thalr npwducrlon doer no1 ImPb
off,&,, ,~do,,amm, or iuceptance bu the llnttrd Natimw.
I I
30’ 32’
MA? NO, 1757 UNITED NATIONS
SEPTEMBER 1967
MAP II
36’
PLACES VISITED BY
THE SPECIAL REPRESENTATIVE
(II July - I September 1967)
Q Places visited
* Places viewed through field glasses
Custom’s House Positlan - 3.
MEDITERRANEAN
Wadi Dhleel
MAP NO. 1755 UNITED NATIONS
SEPTEMBER 1987
Decisions
At its 1373rd meeting, on 9 November 1%7, the
Council decided to invite the representatives of
the United Arab Republic, Israel and Jordan to participate,
without vote, in the discussion of the item
entitled "The situation in the Middle East: Letter dated
7 November 1%7 from the Permanent Representative
of the United Arab Republic addressed to the President
of the Security Council ( S/8226) ".11
At its 1375th meeting, on 13 November 1967, the
Council decided to invite the representative of Syria
to participate, without vote. in the discussion of the
question.
Resolution 242 (1967)
of 22 November 1967
The Security Council,
Expressing its continuing concern with the grdvc
situation in the Middle East,
Emphasizing the inadmissibility of the acquisition
of territory by war and the need to work for a just
and lasting peace in which every State in the area can
live in security,
Emphasizing further that all Member States in their
acceptance of the Charter of the United Nations have
undertaken a commitment to act in accordance with
Article 2 of the Charter,
1. Affirms that the fulfilment of Charter principles
requires the establishment of a just and lasting peace
in the Middle East which should include the application
of both the following principles:
(i) "Withdrawal of Israel armed forces from territories
occupied in the recent conflict;
(ii) Termination of all claims or states of belligerency
and respect for and acknowledgement of
the sovereignty, territorial integrity and political
independence of every State in the area and
their right to live in peace within secure and
recognized boundaries free from threats or acts
of force;
2. Affirms further the necessity
(a) For guaranteeing freedom of navigation through
international waterways in the area;
( b) For achieving a just settlement of the refugee
problem;
( c) For guaranteeing the territorial inviolability and
political independence of every State in the · area,
11 [bid.
8
Decisions
A sa 1373e seance, le 9 novembre 1967, le Conseil
a decide d'inviter Jes representants de la Republique
arabe unie, d'Israel et de la Jordanie a participer, sans
clroit de vote, a la discussion de la question intitulee
"La situation au Moyen-Orient : Lettre, en date du
7 novembre 1967, adressee au President du Conseil de
securite par le representant permanent de la Republique
arabe unie ( S/822611
) ".
A sa 137Se seance, le 13 novembre 1967, le Conseil
a decide d'inviter le representant de la Syrie a participer,
sans droit de vote, a la discussion de la question.
Resolution 242 (1967)
du 22 novembre 1967
Le C onseil de sccuritc,
Exprinzant !'inquietude que continue de Jui causer
ia grav(' situation au Moyen-Orient,
Soulignant l'inadmissibilite de !'acquisition de territoire
par la guerre et la necessite d'~uvrer pour une
paix juste et durable permettant a chaque Etat de la
region de vivre en securite, ,
Soulignant en outre que tous les Etats Membres, en
acceptant la Charte des Nations Unies, ont contracte
!'engagement d'agir conformement a I' Article 2 de la
Charte,
1. A ffirme que l'accomplissement des principes de
la Charte exige l'ins.tauration d'une paix juste et durable
au Moyen-Orient qui devrait comprendre !'application
des deux principes suivants :
i) Retrait des forces armees israeliennes des territoires
occupes !ors du recent conflit;
ii) Cessation de toutes assertions de belligerance ou
de tous etats de helligerance et respect et reconnaissance
de la souverainete, de l'integrite krritoriale
et de l'independance politique de chaqt1r
Etat de la region et de leur droit de vivre en
paix a l'inter ieur de frontieres sures et reconnues
a l'abri de mrnaces ou d'actes de force;
2. A ffirmc en outre la necessite
a) De garantir la licerte de navigation sur Jes voies
d'eau internationales de la region;
b) De realiser un j uste reglement du probleme des
refugies;
C-, De garantir l'inviolabilite territoriale et l'independance
politique de chaque Etat de la region, par
11 Ibid.
through measures including the establishment of demilitarized
zones;
3. Requests the Secretary-General to designate a
Special Representative to proceed to the Middle East
to establish and maintain contacts with the States
concerned in order to promote agreement and assist
efforts to achieve a peaceful and accepted settlement
in accordance with the provisions and principles in
this resolution ;
4. Requests the Secretary-General to report to the
Security Council on the progress of the efforts of
the Special Representative as sooa as possible.
Adopted unanimously at the
1382nd meeting.
Decision
On 8 December 1967, the following statement which
reflected the view of the members of the Council was
circulated by the President as a Security Council document
( S/8289) :12
"As regards document S /8053 / Add.3, 12 brought to
the attention of the Security Council, the members,
recalling the consensus reached at its 1366th meeting
on 9 July 1967, recognize the necessity of the enlargement
by the Secretary-General of the number of
observers in the Suez Canal zone and the provision
of additional technical material and means of transportation."
THE CYPRUS QUESTION13
Decision
At its 1362nd meeting, on 19 June 1%7, the Council
decided to invite the representatives of Cyprus, Turkey
and Greece to participate, without vote, in the discussion
of the item entitled "Letter dated 26 December
1%3 from the Permanent Representative of Cyprus
addressed to the President of the Security Council
(S/5488) :14 report of the Secretary-General on the
United Nations Operation in Cyprus (S/7%9)".111
12 Ibid.
13 Resolutions or decisions on this question were also adopted
in 1963, 1964, 1965 and 1966.
14 S~ Official Records of the Security Council, Eighteenth
Year, Supplement for October, November and December 1963.
111 Jbid., Twenty-second Year, Supplement for April, May
and lune 1967.
9
des mesures comprenant la creation de zones demilitarisees;
3. Prie le Secretaire general de designer Utt representant
special pour se rendre au Moyen-Orient afin
d'y etablir et d'y maintenir des rapports avec les Etats
interesses en vue de favoriser un accord et de seconder
Jes efforts tendant a aboutir a un reglement pacifique
et accepte, conformement aux dispositions et aux principes
de la presente resolution;
4. Prie le Secretaire general de presenter aussitot
que possible au Conseil de securite un rapport d'activite
sur les efforts CU representant special.
Adoptee a l'unanimite a la
13826 seance.
Decision
Le 8 decembre 1967, le President a fait distribuer,
en tant que document du Conseil ( S/828912
), la declaration
ci-apres qui refletait l'avis des membres du
Conseil :
"En ce qui concerne le document S/8053/ Add.312
,
soumis a !'attention du Conseil de securite, Jes membres
de celui--ci, rappelant le consensus intervenu a
sa 1366• seance, le 9 juillet 1%7, reconnaissent la
necessite de l'accroissement, par le Secretaire general,
du nombre des observateurs clans le secteur du canal
de Suez et de la mise a la disposition de ceux-{:i de
materiel technique et de moyens de transport supplementaires."
LA QUESTION DE CHYPRE13
Decision
A sa 1362" seance, le 19 juin 1%7, le Conseil a
decide d'inviter les representant de Chypre, de la Turquie
et de la Grece a participer, sans droit de vote. a la discussion de la question intitulee "Lettre, en date
du 26 decembre ~963, adressee au President du Conseit
de securite par le representant permanent de Chypre
(S/548814
) : rapport du Secretaire general sur l'Operation
des Nations Unies a Chypre (S/7969111)".
12 Ibid.
18 Question ayant fait l'obiet de resolutions ou decisions de
la part du Conseii en 1963, 1964, 1965 et 1966.
14 Voir Documents officiels du Conseil de securite, disliuitieme
annee, Supplement d'octobre, 1t0T1embre et decembre
1963.
111 Jbid., vingt-deu.rieme annee, Supplement d'avril, mai d
juin 1967.
THE SITUATION IN THE MIDDLE EAST20
Decisions
At its 1401st meeting, on 21 March 1968, the Council
decided to invite the representatives of Jordan,
Israel, the United Arab Republic, Iraq and Morocco
to participate, without vote, in the discussion of the
item entitled :
"The situation in the Middle East :
"(a) Letter dated 21 March 1968 from the Permanent
Representative of Jordan addressed to the
President of the Security Council (S/8484) ;21
" ( lJ) Letter dated 21 March 1968 from the Pennanent
Representative of Israel addressed to the
President of the Security Council (S/8486)."21
At its 1402nd meeting, on 21 March 1968, the Council
decided to invite the representative of Syria to participate,
without vote, in the discussion of the questi01 •.
At its 1406th meeting, on 23 March 1968, the Council
decided to invite the representative of Saudi Arabia
to participate, without vote, in the discussion of the
question.
Resolution 248 ( 1968)
o( 24 March 1968
The Security Council,
Having heard the statements of the representatives
of Jordan and Israel,
Having noted the contents of the letters of the Permanent
Representatives of Jordan and Israel in documents
S/8470,22 S/8475,22 S/8478,22 S/8483,22
S/848422 and S/8486,22
Having noted further the supplementary information
provided by the Chief of Staff of the United Nations
Truce Supervision Organization as contained in documents
S/7930/ Add.64 and Add.65,22
Recalling resolution 236 ( 1967) by which the Security
Council condemned any and all violations of the
cease-fire,
Observing that the military action by the armed
forces of Israel on the territory of Jordan was of a
large-scale and carefully planned nature,
Considering that all violent incidents and other violations
of the cease-fire should be prevented and not
overlooking past incidents of this nature,
20 Resolutions or decisions on this question were also adopted
in 1967.
21 See Official Records of the Security Cquncil, Twenty-third
Year, Supplement for January, February an<J March 1968.
2:: Ibid.
8
Recalling further resolution 237 ( 1967) which called
upon the Government of Israel to ensure the safety,
welfare and security of the inhabitants of the areas
where military operations have taken place,
l. Deplores the loss of life and heavy damage to
property;
2. Condetrtns the military action launched by Israel
in flagrant violation of the United Nations Charter and
the cease-fire resolutions;
3. Deplores all violent incidents in violation of the
cease-fire and declares that such actions of military reprisal
and other grave violations of the cease-fire cannot
be tolerated and that the Security Council would
have to consider further and more effective steps as
envisaged in the Charter to ensure against repetition
of such acts ;
4. Calls upon Israel to desist from acts or activities
in contravention of resolution 237 (1967);
5. Requests the Secretary-General to keep the situation
under review and to report to the Security Council
as appropriate.
Adopted unanimously at the
1407th meeting.
Decisions
At its 1409th meeting, on 30 March 1968, the Council
decided to invite the representatives of Jordan and
Israel to participate, without vote, in the discussion of
the item entitled :
"The situation in the Middle East:
"(a) Letter dated 29 March 1968 from the Permanent
Representative oi Jordan addressed to the
President of the Security Council ( S /8516) ;23
" ( b) Letter dated 29 March 1968 from the Permanent
Representative of Israel addressed to the
President of the Security Council (S/8517)."23
At its 1410th meeting, on 1 April 1968, the Council
decided to invite the representative of Syria to participate,
without vote, in the discussion of the question.
At its 1411th meeting, on 2 Apnl 1968, the Council
decided to invite the representatives of the Unit2d Arab
Republic and Iraq to participate, without vote, in the
discussion of the question.
At its 1412th meeting, on 4 April 1968, tbe Council
decided to invite the representative of Saudi Arabia to
28 fbid.
participate, without vote, m the discussion of the
question.
At the 1412th meeting, on 4 April 1%8, as a result
of consultations which had taken place on this item,
the President read the following statement :
"Having heard the statements of the parties in
regard to the renewal of the hostilities, the members
of the Security Council are deeply concerned at the
deteriorating situation in the area. They therefore
consider that the Council should remain seized of the
situation and keep it under close review".
At its 1416th meeting, on 27 April 1968, the Council
decided to invite the representatives of Jordan and
Israel to participate, without vote, in the discussion of
the item entitled "The situation in the Middle East :
Letter dated 25 April 1968 from the Permanent Representative
of Jordan to the President of the Security
Council (S/8560)''.24
Resolution 250 (1968)
of 27 April 1968
The Secwrity Council,
H OIV'ing heard the statements of the representatives
of Jordan and Israel,
Having considered the Secretary-General's note
( S/8561) ,25 particularly his note to the Permanent
Representative of Israel to the United Nations,
Considering that the holding of a military parade in
Jerusalem will aggravate tensions in the area and have
an adverse effect on a peaceful settlement of the problems
in the area,
l. Calls upon Israel to refrain from holding the
military parade in Jerusalem which is contemplated for
2 May 1968;
2. Requests the Secretary-General to report to the
Security Council on the implementation of this
resolution.
Adopted unanimously at the
1417th rieeting.
Decision
At its 1418th meeting, on 1 May 1968, the Council
decided to add to its agenda the report of the SecretaryGeneral
under General Assemblx resolution 2254
(ES-V) relating to Jerusalem (S/8146).26
24 Ibid., Supplement for April, May and June 1968.
21> Ibid.
26 Ibid .. Twenty-second Year, Supplement for July, Augu.st
and September 1967.
9
Resolution 251 (1968)
of 2 May 1968
The Security Council,
Noting the Secretary-General's reports of 26 April
(S/8561) 27 and 2 May 1%8 (S/8567),27
Recalling resolution 250 ( 1 %8) of 27 April 1 %8,
Deeply deplores the holding by Israel of the miiltary
parade in Jerusalem on 2 May 1968 in disregard of th_e
unanimous decision adopted by the Council on 27 Apnl
1968.
Adopted unanimously at the
1420th meeting.
Decision
At its 1421st meeting, on 3 May 1968, the Council
decided to invite Mr. Rouhi El-Khatib, in accordance
with rule 39 of the provisional rules of procedure, to
make a statement before the Council.
Resolution 252 ( 1968)
of 21 May 1968
The Secwrity Council,
Recalling General Assembly resolutions 2253 ( ES-V)
of 4 July 1967 and 2254 (ES-V) of 14 July 1967,
Having considered the letter of the Permanent Representative
of Jordan on the situation in Jerusalem
(S/8560) 28 and the report of the Secretary-General
(S/8146),29
Having heard the statements made before the Council,
Noting that since the adoption of the above-mentioned
resolutions Israel has taken further measures and actions
in contravention of those resolutions,
Bearing in mind the need to work for a just and lasting
peace,
Reaffirming that acquisition of territory by military
conquest is inadmissible,
l. Deplores the failure of Israel to comply with the
General Assembly resolutions mentioned above;
2. Considers that all legislative and administrative
measures and actions taken by Israel, including expropriation
of land and properties thereon, which tend
to change the legal status of Jerusalem are invalid and
cannot change that status ;
3. Urgently calls upon Israel to rescind all such
measures already taken and to desist forthwith from
taking any further action which tends to change the
status of Jerusalem;
21 Jbid., Twenty-third Year, Supplement for April, May and
June 1968.
28 Ibid.
29 Ibid., Twenty-second Year, Supplemml for July, August
and September 1967.
4. Requests the Secretary-General to report to the
Security Council on the implementation of the present
resolution.
Adopted at the 1426th meeting
by 13 votes to none, with
2 abstentions (Canada and
United States of America).
Decisions
At its 1434th meeting, on 5 August 1968, the Council
decided to invite the representatives of Jordan, Israel,
the United Arab Republic and Iraq to participate, without
vote, in the discussion of the item entitled :
"The situation in the Middle East:
" (a) Letter dated 5 June 1968 from the Permanent
Representative of Jordan addressed to the President
of the Security Council (S/8616) ;80
"(b) Letter dated 5 June 1968 from the Permanent
Representative of Israel addressed to the President
of the Security Council (S/8617) ;30
"(c) Letter dated 5 August 1968 from the Permanent
Representative of Jordan addressed to the
President of the Security Council ( S/8721) ;31
"(d) Letter dated 5 August 1968 from the Permanent
Representative of Israel addressed to the
President of the Security Council (S/8724) ."31
At its 1436th meeting, on 7 August 1968, the Council
decided to invite the representatives of Syria and Saudi
Arabia to participate, without vote, in the discussion of
the c;_uestion.
Resolution 256 ( 1968)
of 16 August 1968
The Security Council,
Having heard the statements of the representatives
of Jordan and Israel,
Having noted the contents of the letters of the representatives
of Jordan and Israel in documents
S/8616,32 S/8617,82 S/872183 and S/8724,88
Recalling its previous resolution 248 ( 1968) condemning
the military action launched by Israel in flagrant
violation of the United Nations Charter and the
cease-fire resolutions and deploring all violent incidents
in violation of the cease-fire,
Considering that all violations of the cease-fire
should be prevented,
so Ibid., Twenty-third Year, Supplement for April, May and
fone 1968.
31 Ibid., Supplement for July, August and September 1968.
32 Ibid., Supplement for April, May and lune 1968.
83 Ibid., Supplement for July, August and September 1968.
10
Observing that both massive air attacks by Israel
on Jordanian territory were of a large scale and carefully
planneri nature in violation of resolution 248
( 1968),
Gravely concerned about the deteriorating situation
resulting therefrom,
1. Reaffirms its resolution 248 ( 1968) which, inter
alia, declares that grave violations of the cease-fire
cannot be tolerated and that the Council would have
to consider further and more effective steps as envisaged
in the Charter to ensure against repetition of
such acts;
2. Deplores the loss of life and heavy damage to
property;
3. Considers that premeditated and repeated military
attacks endanger the maintenance of the peace;
4. Condemns the further military attacks launched
hy Israel in flagrant violation of the United Nations
Charter and resolution 248 ( 1968) and warns that if
such attacks were to be repeated the Council would
duly take account of the failure to comply with the
present resolution.
Adopted unanimously at the
1440th meeting.
Decisions
At its 1446th meeting, on 4 September 1968, the
Council decided to invite the representatives of Israel
and the United Arab Republic to participate, without
vote, in the discussion of the item entitled: "The situation
in the Middle East : Letter dated 2 September
1968 from the Acting Permanent Representative of
Israel addressed to the President of the Security Council
( S/8794) ".34
At the 1448th meeting, on 8 September 1968, the
President read the following statement which was to
be communicated to the Chief of Staff of the United
Nations Truce Supervision Organization and the
parties:
"The Security Council, having met urgently to
consider the item on its agenda contained in document
S/ Agenda/1448/Rev.l [The situation in the
Middle East: Letter dated 2 September 1968 from
the Acting Permanent Representative of Israel addressed
to the President of the Security Council
(S/8794);85 Letter dated 8 September 1968 from
the Permanent Representative of Israel addressed to
the President of the Security Council ( S / 8805) ;85
Letter dated 8 September 1968 from the Permanent
Representative of the United Arab Republic addressed
to the President of the Security Council
(S/8806)86], having heard the reports of General
Odd Bull presented by the Secretary-General, and
84 Ibid.
30 Ibid.
4. Requests the Secretary-General to report to the
Security Council on the implementation of the present
resolution.
Adopted at the 1426th meeting
by 13 votes to none, with
2 abstentions (Canada and
United States of America).
Decisions
At its 1434th meeting, on 5 August 1968, the Council
decided to invite the representatives of Jordan, Israel,
the United Arab Republic and Iraq to participate, without
vote, in the discussion of the item entitled :
"The situation in the Middle East:
" (a) Letter dated 5 June 1968 from the Permanent
Representative of Jordan addressed to the President
of the Security Council (S/8616) ;80
"(b) Letter dated 5 June 1968 from the Permanent
Representative of Israel addressed to the President
of the Security Council (S/8617) ;30
"(c) Letter dated 5 August 1968 from the Permanent
Representative of Jordan addressed to the
President of the Security Council ( S/8721) ;31
"(d) Letter dated 5 August 1968 from the Permanent
Representative of Israel addressed to the
President of the Security Council (S/8724) ."31
At its 1436th meeting, on 7 August 1968, the Council
decided to invite the representatives of Syria and Saudi
Arabia to participate, without vote, in the discussion of
the c;_uestion.
Resolution 256 ( 1968)
of 16 August 1968
The Security Council,
Having heard the statements of the representatives
of Jordan and Israel,
Having noted the contents of the letters of the representatives
of Jordan and Israel in documents
S/8616,32 S/8617,82 S/872183 and S/8724,88
Recalling its previous resolution 248 ( 1968) condemning
the military action launched by Israel in flagrant
violation of the United Nations Charter and the
cease-fire resolutions and deploring all violent incidents
in violation of the cease-fire,
Considering that all violations of the cease-fire
should be prevented,
so Ibid., Twenty-third Year, Supplement for April, May and
fone 1968.
31 Ibid., Supplement for July, August and September 1968.
32 Ibid., Supplement for April, May and lune 1968.
83 Ibid., Supplement for July, August and September 1968.
10
Observing that both massive air attacks by Israel
on Jordanian territory were of a large scale and carefully
planneri nature in violation of resolution 248
( 1968),
Gravely concerned about the deteriorating situation
resulting therefrom,
1. Reaffirms its resolution 248 ( 1968) which, inter
alia, declares that grave violations of the cease-fire
cannot be tolerated and that the Council would have
to consider further and more effective steps as envisaged
in the Charter to ensure against repetition of
such acts;
2. Deplores the loss of life and heavy damage to
property;
3. Considers that premeditated and repeated military
attacks endanger the maintenance of the peace;
4. Condemns the further military attacks launched
hy Israel in flagrant violation of the United Nations
Charter and resolution 248 ( 1968) and warns that if
such attacks were to be repeated the Council would
duly take account of the failure to comply with the
present resolution.
Adopted unanimously at the
1440th meeting.
Decisions
At its 1446th meeting, on 4 September 1968, the
Council decided to invite the representatives of Israel
and the United Arab Republic to participate, without
vote, in the discussion of the item entitled: "The situation
in the Middle East : Letter dated 2 September
1968 from the Acting Permanent Representative of
Israel addressed to the President of the Security Council
( S/8794) ".34
At the 1448th meeting, on 8 September 1968, the
President read the following statement which was to
be communicated to the Chief of Staff of the United
Nations Truce Supervision Organization and the
parties:
"The Security Council, having met urgently to
consider the item on its agenda contained in document
S/ Agenda/1448/Rev.l [The situation in the
Middle East: Letter dated 2 September 1968 from
the Acting Permanent Representative of Israel addressed
to the President of the Security Council
(S/8794);85 Letter dated 8 September 1968 from
the Permanent Representative of Israel addressed to
the President of the Security Council ( S / 8805) ;85
Letter dated 8 September 1968 from the Permanent
Representative of the United Arab Republic addressed
to the President of the Security Council
(S/8806)86], having heard the reports of General
Odd Bull presented by the Secretary-General, and
84 Ibid.
30 Ibid.
having heard the statements of the representatives
of Israel and the United Arab Republic, deeply regrets
the loss of life, and requires the parties strictly
to observe the cease-fire called for by the Security
Council's resolutions."
Resolution 258 (1968)
of 18 September 1968
The Security Council,
Recalling the declaration of the President of the
Security Council of 9 September 1968, as made at the
1448th meeting of the Council,
Gravely concerned about the deteriorating situation
in the Middle East,
Convinced that all Members of the United Nations
should co-operate towards a peaceful settlement in the
Middle East,
l. Insists that the cease-fire ordered by the Security
Council in its resolutions must be rigorously respected;
2. Reaffirms its resolution 242 (1%7) of 22 November
1967, and urges all the parties to extend their
fullest co-operation to the Special Representative of
the Secretary-General in the speedy fulfilment of the
mandate entrusted to him under that resolution.
Adopted at the 1452nd meeting
by 14 votes to none, with
1 abstention ( Algeria).
Decisions
At its 1453rd meeting, on 20 September 1968, the
Council decided to invite the representatives of Jordan,
Israel and the United Arab Republic to participate,
without vote, in the discussion of the item entitled:
"The situation in the Middle East: Letter dated 17
September 1968 addressed to the President of the
Security Council by the representatives of Pakistan
and Senegal (S/8819)".36
At its 1454th meeting, on 27 September 1968, the
Council decided to invite the representative of Syria
to participate, without vote, in the discussion of the
question.
Resolution 259 ( 1968)
of 27 September 1968
The Security Council,
Concerned with the safety, welfare and security of
88/bid.
11
the inhabitants of the Arab territories under military
occupation by Israel following the hostilities of 5 June
1%7,
Recalling its resolution 237 (1%7) of 14 June 1967,
Noting the report by the Secretary-General, contained
in document S/8699,37 and appreciating his efforts
in this connexion,
Deploring the delay in the implementation of resolution
237 ( 1967) because of the conditions still being
set by Israel for receiving a Special Representative of
the Secretary-General,
1. Requests the Secretary-General urgently to dispatch
a Special Representative to the Arab territories
under military occupation by Israel following the hostilities
of 5 June 1967, and to report on the implementation
of resolution 237 ( 1967) ;
2. Requests the Government of Israel to receive the
Special Representative of the Secretary-General, to cooperate
with him and to facilitate his work;
3. Recommends that the Secretary-General be afforded
all co-operation in his efforts to bring about the
implementation of the present resolution and resolution
237 (1967).
Adopted at the 1454th meeting
by 12 votes to none, with
3 abstentions (Canada, Denmark,
United States of
America).
Decisions
At its 1456th meeting, on 1 November 1968, the
Council decided to invite the representatives of the
United Arab Republic, Israel and Saudi Arabia to participate,
without vote, in the discussion of the item
entitled:
"The situation in the Middle East:
" (a) Letter dated 1 November 1968 from the Permanent
Representative of the United Arab Republic
to the United Nations addressed to the
President of the Security Council (S/8878) ;38
"(b) Letter dated 1 November 1968 from the Permanent
Representative of Israel to the United
Nations addressed to the President of the
Security Council ( S/8879) ."38
At its 1460th meeting, on 29 December 1968, the
Council decided to invite the representatives of Lebanon
and Israel to participate, without vote, in the discussion
of the item entitled:
"The situation in the Middle East:
"(a) Letter dated 29 December 1968 from the Permanent
Representative of Lebanon addressed
81 Ibid.
38 Ibid., Supplement for October, Novembe1' and December
1968.
having heard the statements of the representatives
of Israel and the United Arab Republic, deeply regrets
the loss of life, and requires the parties strictly
to observe the cease-fire called for by the Security
Council's resolutions."
Resolution 258 (1968)
of 18 September 1968
The Security Council,
Recalling the declaration of the President of the
Security Council of 9 September 1968, as made at the
1448th meeting of the Council,
Gravely concerned about the deteriorating situation
in the Middle East,
Convinced that all Members of the United Nations
should co-operate towards a peaceful settlement in the
Middle East,
l. Insists that the cease-fire ordered by the Security
Council in its resolutions must be rigorously respected;
2. Reaffirms its resolution 242 (1%7) of 22 November
1967, and urges all the parties to extend their
fullest co-operation to the Special Representative of
the Secretary-General in the speedy fulfilment of the
mandate entrusted to him under that resolution.
Adopted at the 1452nd meeting
by 14 votes to none, with
1 abstention ( Algeria).
Decisions
At its 1453rd meeting, on 20 September 1968, the
Council decided to invite the representatives of Jordan,
Israel and the United Arab Republic to participate,
without vote, in the discussion of the item entitled:
"The situation in the Middle East: Letter dated 17
September 1968 addressed to the President of the
Security Council by the representatives of Pakistan
and Senegal (S/8819)".36
At its 1454th meeting, on 27 September 1968, the
Council decided to invite the representative of Syria
to participate, without vote, in the discussion of the
question.
Resolution 259 ( 1968)
of 27 September 1968
The Security Council,
Concerned with the safety, welfare and security of
88/bid.
11
the inhabitants of the Arab territories under military
occupation by Israel following the hostilities of 5 June
1%7,
Recalling its resolution 237 (1%7) of 14 June 1967,
Noting the report by the Secretary-General, contained
in document S/8699,37 and appreciating his efforts
in this connexion,
Deploring the delay in the implementation of resolution
237 ( 1967) because of the conditions still being
set by Israel for receiving a Special Representative of
the Secretary-General,
1. Requests the Secretary-General urgently to dispatch
a Special Representative to the Arab territories
under military occupation by Israel following the hostilities
of 5 June 1967, and to report on the implementation
of resolution 237 ( 1967) ;
2. Requests the Government of Israel to receive the
Special Representative of the Secretary-General, to cooperate
with him and to facilitate his work;
3. Recommends that the Secretary-General be afforded
all co-operation in his efforts to bring about the
implementation of the present resolution and resolution
237 (1967).
Adopted at the 1454th meeting
by 12 votes to none, with
3 abstentions (Canada, Denmark,
United States of
America).
Decisions
At its 1456th meeting, on 1 November 1968, the
Council decided to invite the representatives of the
United Arab Republic, Israel and Saudi Arabia to participate,
without vote, in the discussion of the item
entitled:
"The situation in the Middle East:
" (a) Letter dated 1 November 1968 from the Permanent
Representative of the United Arab Republic
to the United Nations addressed to the
President of the Security Council (S/8878) ;38
"(b) Letter dated 1 November 1968 from the Permanent
Representative of Israel to the United
Nations addressed to the President of the
Security Council ( S/8879) ."38
At its 1460th meeting, on 29 December 1968, the
Council decided to invite the representatives of Lebanon
and Israel to participate, without vote, in the discussion
of the item entitled:
"The situation in the Middle East:
"(a) Letter dated 29 December 1968 from the Permanent
Representative of Lebanon addressed
81 Ibid.
38 Ibid., Supplement for October, Novembe1' and December
1968.
...
THE SITUATION JN THE MIDDLE EASP
At its 1466th meeting, on 27 March 1969, the
Council <lcciJed to invite the representatives of Jordan
and Israel to participate, without vote, in the discussion
cf the item entitled:
"The situation in the Middle East:
"Letter dated 26 March 1969 from the Permanent
Representative of Jordan addressed to the President
of the Security Council ( S/9113). 0
'"The situation in lhe Mid<lle East:
'· Letter dated 2 7 March 1969 from the Permanent
Representative of Israel addressed to th..: President
of the Security Council (S/9114).'"G
At its 1467th meeting, on 27 March 1969, the
Council decided to invite the representative of Saudi
Arabia to participate, without vote, in the discu,sion
of the question.
Resolution 265 (1969)
of I ApI"il 1969
The Security Council,
Having considered the agenda contained in document
S/ Agenda/ 1466/Rev.1,
Having heard the statements made before the
Council,
Recalling its resolution 236 (196 7) of 12 June
1%7,
Observing that numerous premeditated violations of
the cease-fire have occurred,
Viewing with deep concern that the recent air att:.
icks on Jonbnian villages and other populated areas
were of a pre-planned nature, in violation of resolutions
248 (1968) of 24 March 1968 and 256 ( 1968) of
16 August 1968,
Gravely conccr11cd about the deteriorating situation
which endangers pc~,c..: and security in the area,
l. Reaffirms resolutions 248 ( 1968) and 256
(1968);
2. Deplores the loss of civilian life and damage to
property;
3. Condemns the recent premeditated air attacks
launched by Israel on Jordanian villages and populated
areas in flagrant violation of the United Nations
Charter and the cease-fire resolutions, and warns once
again that if such attacks were to he repeated the
"Resolutions or decisions on this question were also adopted
in 1967 and 1968.
6 Sec Official Records of tl1c Scrnrity Council, Twenty-fourth
Year, Supplement for Ja111wry, February and March 1969.
3
Security Council would have to meet to consider f,1rthcr
and more effective steps as envisaged in the Charkr to
ensure against repetition of such attacks.
Adopted at the 1473rd
meeting by 11 vo/l's to
none, with 4 ahstc111io11s
(Colombia, Paraguay, United
Kingdom of Great Britain
and Northern Ireland,
United States of America).
Decisions
At its 1482nd meeting, on 30 June 1969, the Council
decided tt, invite the representatives of Jordan,
Israel, the United Arab Republic, Saudi Arabia, Syria
and Morocco to participate, without vote, in the discussion
of the item entitled "The situation in the Middle
East: letter dated 26 June 1969 from the Permanent
Representative of Jordan addressed to the President
of the Security Council (S/9284 )".7
At its 1483rd meeting, on 1 July 1969, the Council
decided to invite the representatives of Iraq, Indonesia
and Lebanon to participate, without vote, in the
discussion of the question.
At its 1484th meeting, on 2 July 1969, the Council
decided to invite the representative of Malaysia to
participate, without vote, in the discussion of the
question.
At its 1485th meeting, on 3 July 1969, the Council
decided to invite the representatives of Afghanistan,
Sudan, Yemen, Tunisia and Kuwait to participate, without
vote, in the discussion of the question.
Resolution 267 (1969)
of 3 July 1969
The Security Council,
Recalling its resolution 252 ( 1968) of 21 May 1968
and the earlier General Asscmblv resolutions 2253
(ES-V) and 2254 (ES-V) of 4 ·and 14 July 1967,
7 Ibid., Supplement for April, May and /1111c 1969.
Distr.
GENEXU,
s/9149
11 April 1969
ORIGIDAL: ENGLISH
REPORT OF THE SECRETARY-GENERALU NDER SECURITY CO~?CIL RESOLU'I'ION 252 (1963) of 21 MAY 1965
1. T11j.s reyor-t is sulxnitted in pursuance OP Security Council resOlutj.Ol?
252 (l-!%s) Of 21 I%Y I96Y, Sdhich requested the Secretary-Gelleral i;o report f;o -tile
CourlCil 013 the iiilpl_einentation of the resolution. In this resolution, ,I;he Council
c 0x1s ic1e1wl. -that “all legisl.ai;ive and administrative measures and actions taken by
Ssrae! ,, j.ncludjng expropriation of land and propertj.es thereon, which tend to
chanil;e the l..egtl status of Jerusalem arc inval-id anal cannot change that status”
and. UXgeiltlSy called upon Israel “to rescind all such measui-es al-ready taken and
to desisk :Corthwith Prom tskin g any further action which ttcds to change the ,status
of Jerusalem" Y
rc,- . Since -t’he terrriina:tion of the inj-ssion Of h-is Personnl Representative in
Jer~~~~lel~~, Allkmsador Ernesto A 0 Thalmann, in September 1967,‘- I/ the Sccret;aYy-
General has had no means of &tairliq first-ha.nd infommtion on which to l?asc: 4;he
3xquixed. reporting. Following the adoption of Securii;y Council resolution
252 (lg69), the Secmtary-.General transmitted, by a cable dkxtec?%. .I Nay 1963, the
.I;e::t 0% -the l+esolution ,to .l;he Foreign I$jrij.ster of Israel in accordance r.,rith
established procedurc O On 13 February 1969, the Secretary-General addressed t0
the pe:rrj~i?~~(:& Representative of Israel the following note Verbak :
"The Secretary-General of the United Nations presents his conlplinlents
to -the Permanent Rel3~esentative of Israel to the Unj:i;ed I\Tc?.tions and has .tlle
honour to refer to Security Council resolu-Lion 252 (l$S) of 21 May l-963,
In t11:i.s resolution the Security Council considered that 'all legislative ani!
administrative measures and actions taken by Israel, including exprop~33'iion
of’ land. and properties thereon, which tend to chailge the legal. statu:; Of?
Jerusalem az*e invalid aml cannot change -that sta-bus ’ 9 and urgently called
upon Ir-:rael 'to rescind all such measures already tEl!Ei? and to desis.'i
Fortlwi-th from t;aking any further a&ion which ken& -i;O c&inge t;he YtS.tLl~
I/ see -t;lle >:cpo.rt of’ tlie Secretary-General of 12 September 1967 under Gene~'!l
Assenkly resolution 22-54 (IX-V) (A/6793 and S/%k!6).
/ . . .
of Jerusalem 0 The Council also requested the Secretary-General 'to rcpor-L
to khe Security CounCil on the implementation of -i;l-re present resolution' D
"The Secretary--General must in the main 1001; to the Government oi"
Israel for the i.nforrfla-Lion necessary in the discharGe OP the reporting
responsibilities placed upon him by -the Security Council, as indicated
above a
"The Secretary-General, therefore, requests .the Government of Israel
"The Secretary-General -takes this opportunity to express to the
Permanent Representa-Live OP Israel -the assurance ol" his highest
consideration."
a note verlmle darted 25 March l!&J9 which reads as fol1.0~: I
"The Permanent Hepresentative of Israel to the United Nations presents
his compliment;s to -the Secretary-General of the United Nations and h2tS -the
1~oiiov.r to refer to his note or lj February 1969 coi?cel:ninli; Security Council
resolution 252 (1~@3) 0-f 21 May 1965, and on instruc-Lions from his
Government has -the honour to state that the position of the Government of
Isrc~el in the matter remains a.8 set -forth in the Ic%cr addressed to the
Secretary-General by the Minister for Foreign AfPairs on 10 Jul.y 3-967
(A/6753) and in the six-i;ement;s made by the representatives of Israel in kl?e
General fissetrhly and the Security Council.
"The l?ernianen-t Repres en-takive of Israel avails hi.mseZf of this
opportunity to express ko t'hc Secretary-General 01 the United Nations the
aSSU1"aT1Ces of his hil3;hest consideration."
The only other source OS" information of an' of':lXcia:l nature pertinent to .i;llc>
implementation of Security Council_ resolution 252 (196%) rrhich has been avaLlab3.r
to the Secretary-General is ,Lhc Israel OfSieial Gaze.l;-i;e (Reshurnoth). According
to this Gazette, which is published o.riginally in Hebrew, the Israel Parliamenk,Y
1.1
on the basis OP a 13111 subrxi%i;eC! 'by the Israel Governmeurk,-' adopted on
1.4 Auy;ust lg@ the
2/
"Legal axkd Administrative Matters (Regula-Lion) Law" ,,- which
Hatza*ot Chc& (Bills) $10. 737 of lb July 1969, ppe 758-362.
Sefer HalC!hu'lrkim (Prin.cipal Ilegislation) 1\To. 5k.? of' 25 August :Lg@,
English
Page 3
iiss vveelleevvaarr~ht -toto kthhee ssiit"ucautiaonfA on iinn Jerusalem. In this regard, it may be recalled
-I;hat nccortiing to the note issued by the PresLdent of the Securi’ty Council on
10 Feb:r’ua~q~~ ~ 1.963 (S/9OCO), the Israel Government decided to postpone until
23 ivjay I.:$C) the putting into effect of this law S An unoUicia1 translation of
-I;hia Law 2.9 well s as the relevant bill and explanatory notes is anne:red ,:“.o the
pre sell-i; ~Tqlol~t 0
s/9149
English
Annex I
Page 1
ANNEX I
Unofficial translation of the law published in
>efe'e--r- -I__---H-_aI'_C-h- ukkim No?&2 of 23 August 1968
LiEGAL AND ADMINISTRATIVE MATTERS (REGULATION) LAW, yp8-.lg68++
' Definition 1. In this Law, "application of law order" means an order under
section 11B of the Law and Administration Ordinance, 57~8 - 1948.- 1/
Holy Places 2. Where any Holy Places are situated in the area of application
of an application of law order, .the Absentees' Property Law,
2/
5710-195G shall not apply to them from the day of the coming
into force of the order.
Non-
Absenteeship 3. (a) A person who on the day of the coming into force of an
application of law order was in the area of application of the order,
and was a resident thereof, shall not, from that day? be regarded
as an absentee within the meaning of the Absentees' Property Law,
5710-1950, in respect of property situated in that area.
(b) For the purpose of this section, it shall be immaterial
whether, after the coming into force of the order, that person was,
by legal permit, in a place where his presence would make him an
absentee but for this provision.
Plea of 4. . Where a person is resident of the area of application of an
Enemy Status application of law order, a court or tribunal shall not, in a civil
matter, entertain the plea that he is an enemy or enemy subject,
unless that plea is made by the Attorney-General or with his
written consent.
9 Passed by the Knesset on the 20th Av,572d (14 August 1963) and published
in Sefer Ha'Chukkim No, 54.2 of the 29th A~,5728 (23 August, 1968), p. 247;
the Bill and Explanatory Notes were published in Hatza'ot Chok, No. 787
of 5728, p. 358. /
L/ I.R. of 5708, Suppl, I> pe 1 - _L LSI vol. I, p. 7, Sefer Ha'Chukkim of 5727,
r74 - LSI vol. XXI, pa 75.
21’ SI_ efer H~'C!hukkim of 5710, p0 86; - LSI vol. IV, p. 68.
Explanation of Hebrew Terms
-S- efer Ha'Chukkim - Principal Legislation. Hatza'ot Chok - Bills.
Abbreviations: I.R. (Iton Rishmi) - The Official Gazette during the tenure
of the ProvisionrCounci.1 of State. L__S I - Laws of the State of Israel
(English edition). , /...
English
Annex I
Page 2
Release of 5. (a) Immovable property situated in the area of application
Immovable
Property
of an application of law order
day on which such area came to
Israel, was vested in a person
which in -d-e.- facto occupied the
and which immediately before the
be held by the Defence Army of
whom the authorities of the State,
area, had appointed custodian of
enemy property or holder of a similar office or title, or in any
of the authorities of, or any body controlled by that State,
to which authority or body that person had transferred the property,
shall., from the day of the coming into force of the other, vest in
the Admi.nistrator General, who shall deal therewith as hereafter
in this section provided.
(b) The Administrator General shall, by certificate under his
hand, release the property to the person who was the owner thereof
before it was vested in the person referred to in sub-section (a),
3r t3 the successo,r of such owner, upon the application of such
owner or successor. SD long as the property is not released, the
Administrator-General shall deal therewith as he is permitted to
deal with immovable property of a missiong person under the
Administrator General Ordinance, 1944,
*
and the provisions of
that Ordinance sha.11 apply for the purposes of this section.
(c) Where the property was acquired for public purposes under
any Law after the coming into force of the application of law order
and before being released, the compensation due under that Law in
respect of the acquisition shall be paid to the Administrator
General, who shall deal -therewith, mutatis mutandis, in accordance
with sub--section (b) .
(d) Idhere the property includes a public building erected
after the property became vested in the person referred. to in
sub-section (a) and before the coming into force of the application
of law order, the property shall become State property, and the
compensation therefor shall be calculated according to the value
*’ -F- .G, of 1944, Suppl. I, No, 1380, p. 110 (p. 151 English edition).
/
/ m a s
Companies -
Cbntinuation
of Operations
C3npanies -
Non-absenteeship
of
Director ox
Member
Companies -
Registration
of Charges
Company -
Transfer of
Assets and
Liabilities
5m49
En&is h
'Annex I
Page 3
of tl:e ?Rrd only, as vacant, cn the day of the ccmifig into force of
the order ar the coming into force of this Law, whichever is later.
6. A company which immediately before the coming into force of an
application of law order or immediately before the coming into
force of this Law, whichever is later, had a place of business in
the area of application of the order, and which was established
under the law applyin, T in that area at the time sf its
establishment, may, notwithstanding anything provided in the
Companies' Ordinance;/ or the Absentees' Property Law, 5710-1750,
continue its operations until the expiration of six months from the
day of coming into force of the order or from the day of coming
into force of this Law or until the Court decides upon an
application filed under section 9 or 10, whichever is latest.
7. A director or member of a company as referred to in section 6,
.who according to this Law is regarded as a non-absentee in respect
of his prapertyr shall be regarded as a non-absentee also in
respect of the property of the company, in respect of his rights as
a director or member of the company, and in respect of the
3perations of the company under section 6, 8, 9 or 10.
3. Where a company as referred to in section 6 has pledged or
charged its property, the provisions of section 127 of the Companies
Ordinance shall apply to it in respect of the registration of the
pledge or charge. /
9. (a) Where, within six months from the day of the coming into
force of an application of law order or from the day of the coming
into force of this Laws whichever is later, a company as referred
to in section 6 arrives at an agreement with a company registered
in Israel for that purpose by all or part of the members of the
company referred to in section 6, or with another company registered
in Israel, for the transfer to it of its assets and liabilities,
the campany with which the arrangements was made may, within three
11 Laws of Palestine, vol. I, cap. 22, p, 1.61 (English edition).
/ * . .
S/Y149
English
Annex I
Page 4
Conversion of
Company into
Israeli
Company
Partnerships
Co-operative
Societies -
Continuation
of Operations
/
months from the date of the arrangement, apply to Ihe District
Court of Jerusalem, by way of motion, for an order corZirming
the arrangement.
(,b) Notice of the filing of an application under sub--section (a)
and of the time of its hearing shall be published in Reshumoth:
the text of the notice shall be as prescribed by the Court.
(c) Sub-sections (3), (4), (6), (7), (8), (10) and (12) of
section 119 A of the Companies Ordinance shall apply,
mutatis mutandis, to an arrangement under this section,
10. A company as referred to in section 6, whose only place of
business is in the area 3f application of an application of
law order and whose directors and members are all residents of
that area, may? within six months from the day of the coming into
force of the order or from the day of the coming into force of this
Law, whichever is later, apply to the District Court of Jerusalem,
by way of motion, for an order converting it into an Israeli
company, and the Court may make the order on such conditions as it
may deem fit, including conditions as to the filing of documents
with the Registrar of Companies.
11. The provisions of sections 6 to 10 shall apply mutatis mutandis
to partnerships.
12. (a) A co-operative society which inmediately before the
coming into force of an application of law order or immediately
before the day of the coming into force of this Law, whichever is
later, had its place of operation in the area of application of the
order, and which was established under the Law applying in that area
at the time of its establishment, may, notwithstanding anything
provided in the Go-operative Societies Ordinance- I/ or the
Explanation: Reshumoth - The Official Gazette since the inception of the Knesset
'(Parliament).
1/ Laws of Palestine, vol. I, cap. 24, P* 360 (English edition).
s/914.9
English
Annex I
Page 5
Absentees ’ Property Law, 5710-1950, continue its operations until
the expiration of six months from the day of the coming into
force of the order or from the day of the coming into force of
this Law or until the Court decides upon an application filed
under section 13 (b) whichever is latest.
(b) The provisions of sections 7 and 8 shall also apply,
mutatis mutandis, to a co-operative society as referred to in
sub-section (a).
Co-operative 13. (a) The Minister of Labour may, by general or special order,
Societies -
Registration enact provisions as to the registration of a co-operative society
and Transfer to take -the place of a society as referred to in section 12,
of Assets and
Liabilities including the determination of its rules, members and argans. A
society registered under an order as aforesaid shall to all
intents, be deemed to have been registered under the Co-operative
Societies Ordinance j and the provisions of that ordinance and of
the regulations made thereunder shall apply to any matter not
provided for in the order D
(b) The Registrar of Co-operative Societies shall arrange
the transfer of the assets and liabilities of a society as
referred to in section 12 to a society registered under
sub-section (a) and shall apply to the District Court of
Jerusalem, by way of motion, for an order confirming the
arrangement e The provisions of sections 9 (b) and (c) shall also
apply, mutatis mutandis, for the purposes of this section.
(c) An act as referred to in this section shall alSO be valid
if it was done before the coming into force of this Law.
Conversion of 111.. The Minister of’ Labour may> by general or Special order>
Society into
Israeli
enact provisions as to the conversion of a society as referX?d
Society to in section 12 into an Israeli co-operative society if all the
members of the society and of the management ‘thereof are residents
of the area of application of the application of law order.
/ . . .
English
Anne:: I
Page 6
Licences to 15. (a) Nhere 9 immediately before the coming into force of the
carry on
Occupation
application of law order? a resident xl? the area of application
of the order engaged in any vocation, handicraft or other
occupation under the law then applying in that area, and such
vocation, handicraft or other occu.patiJn requires a licence under
an Israeli enactment, such ;-esident may continue in such vocation,
handicraft or other xcupation until.. the expiration of six months
from the day of the coming into force af the ord.er or Prom the
day C$ the coming into force of' this Law or until his application
for a licence under .the Israeli enactmenL has been decided upon,
whichever is the latest.
(b) A licence may be granted to a resTdent as se.rerred to
in sub-section (a) even if he lacks any of the personal
qualifications required by the enactment.
(c) ‘Izlhe?e according ta the enactment the grant ol’ ,the licence
is subject to conditions relating to the place where the occupation
is carried on, the Minister charged with the implementation of the
enactment may make reC;u.lat,ions containing relaxati.ons 9 for a
specific time or otherwise !, in respect ~47’ the place where the
occupation was carried 3n before the coming into force of the
application 3f law order. S3 long as regulations as aforesaid
have not been tna.de, the authorities competent to grant the licence
may grant relaxations as aforesaid,
Advocates
(d) This section shall not apply to a licence under the
Firearms Law, 5709-1949,- I/ or the Explosives Law) 5’714 -1954 .-2 /
16. (a) A resident of the aiqea of application of an application of
law order who immediately before the day on which such area came
to be held by the Defence Army of Isra.el served as a judge
civil court 9 or was an advocate in such area, shall become
of a
a
1/ Sefer Ha’Chukkim of 5’70g3 p+ 143, LSI vol. III, p* 61_.
21 -S“.e.-f-e_r H-a ’Chukkim of 5714, p. 64, LSI. vol. VIII, pe 57.
/
. I .
s/9149
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Annex I
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member of the Chamber of Advocates on the day af the coming into
force of the order or the day of the ‘coming into force of this Law,
whichever is later o
(b) The Minister of Justice shall publish in -R eshum-.-o th
the natnes 3f the persons to whom sub-section (a) applies.
(c) The Minister of Justice may prescribe by regulations
conditions 1 including relaxations 3 for admission to membership
of the Chamber of Advocates of a resident of Israel who was a
resident of the area of application of an application of law
orde.r immediately before the ccming into force thereof and was
qualified to be an advocate, but did not practise the profession of
advocacy 3 or was a clerk in service of such area but ha8 not
completed his period of clerkship.
(d) The Minister of Justice may prescribe by regulations
conditions, including relaxations 3 for admission to membership
of the Chamber of Advocate of a resident of Israel who, at any time
before the ocming into force of this Law, served as a judge of a
civil court) or was an advacate, in any part of Eretz Israel not
designated in an application of law order.
(e) A person who becomes a member of the Chamber of Advocates
under this section shall have all the rights and duties of a member
I/
of the Chamber under ,the Chamber ZP Advocates Law9 5721-1961.-
oration 17. (a) A person who on the day of the coming into force of an
ghts in
xt and
application of law order had in the area af application thereof a
1S registered right of ownership in any patent, design or trade mark,
or who before that day applied for registration of such a right,
,
may, within six months from the day of the coming into force of
the order x from the day af the taming into force of this Law,
whichever is later, apply for the registration of his right under
Israeli law; and he shall be deemed to have filed the application
S-,e-- Per Ha’Chukkim of 5721, p. 1.78, LSI vol. XV, p. 196.
Eqp111.p
English
Annex I
.Pa$e rj
for registration of the right under Israeli law on the day on which
he first filed his application for registration of such right.
(b) The registration of a patent under sub-section (a) shall
not derogate from the validity of a patent registered in Israel
under an application filed before the coming into force of the
Patent Law, 5727-1967-- 1/
Building 18, (a) Where the laying of the foundations of a building in the
Operations
area of application of an application of law order was completed ,
under a building permit granted under the law applying in that
area before the coming into force of the order, and within one
year from the coming into force of the order or the coming into
force of this Law, whichever is the later, and where the holder
of the pelqmit gives notice to the District Planning and Building
Commission of his wish to continue building operations, he shall
be entitled to receive a building permit under Israeli law.
(b) The District Planning and Building Commission may, within
three months from the grant of the permit under sub-section (a)
and after giving the ldder of the permit.a reasonable opportunity
to state his case, amend or vary the permit, prescribe conditions,
including relaxations, or cancel it, all for reasons for which it
may do so under the Planning and Building Law, 57251~65,~/
and it may suspend the permit until the expiration of three months
from the day on which it was granted or until its decision under
sub-section (a), whichever is earlier.
(c) A permit under sub-section (a) shall be exempt from
payment of a fee. Where the laying of the foundations of a building
as referred to in sub-section (a) was begun, but not completed,
before the coming into force of an application of law order,, and an
application for a building permit under Israeli law is filed, the
District Planning Commission may exempt the permit from payment of a
fee.
L/ S--e-f er Ila'Chukkim of 5721, p. l&8, LSI vol. XXI, p0 1119.
,.
s- efer Hca-p ' Uhukkim of 5725, p- 307, $S& vol. XIX, pa 333-
/ *..
Appointment
of Fublic
Servants
Continuity of
Lawsuits etc.
Transitional
Provisions
English
Annex I .
Page 9
lY* The Prime Minister may by regulations, for a specific time
or otherwise, exempt persons who are residents of the area of
application af an application of law order from the provisions
of any Law making an appointment to the post of a public servant
conditional upon the Israeli nationality of the candidate, and
he may, for this purpose, enact different provisions in respect of
different categories of public servants.
20. The Minister of Justice may by regulations, either generally
or in respect 3f a specific category of matters, enact provisions
as to -
(1) the material and local jurisdiction of courts to hear any
criminal or civil matter in connexien with any act, omission or
event which occurred in the area of application of an application
of law order at any time before the coming into force thereof,
including the hearing of cases that were pending before courts which
functioned in that area, and appeals against Judgements, given by
such courts, and the rules of procedure in such matters;
(?> the enforcement by the courts 3f final judgements and of
orders and other decisions given or made in a criminal or civil
matter, at any time before the coming into fort of an application
of law order, by courts which functioned in its area of application,
and the execution by the Execution Offices and other author-ities of
judgements, orders and decisions as aforesaid;
(3) the rec,ognition and confirmation of documents issued or confirmed, at any time prior to the coming into effect of an
application of law order, by any of the authorities which functioned
in its area of application.
21. (a) Where an application of law order came into force before
the coming into force, of this Law, section 3 shall apply also to
a person who on the day of the coming into force of the application
of law order was a resident of' its area application but was
absent therefrom, provided that he is lawfully present there on the
day of the coming into force of this Law.
/ , . .
s/4149
Annex I
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(b) A legal action performed by a trustee f3r the absentee's
prqerty befare this Law came int:, farce and which was invalidated
if the lay] zder was in effect 3n the day it was performed shall
be considered null and void.
Implement- 22. (a) The Minister af Justice is chaqecl with the implenientation
ation and
Regulations
3f this Law and may make regulations for such itiiplementati3n.
Regulations as ta a mat-tcr within the scqsz a_?f a Law with the
implementation 3f which another Minister is charged shall be made
by that Minister with the consent af the Minister XI? Justice.
(b) Regulations under this Law ma;y enact provisions as to the extension of times, including ,times under this Law w any ather
Law, and as t:, the adjustment af fees and exemption thei:C:fL,Om. Shneur Zalman SKAZAR
President af the Skate
Levi ESRKOL
Prime Minister
Ya'lrDv S. SI-IRPIRO
Minister of Jus‘tice
s/9149
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Annex II
Page 1
g I.R, of 5708, suppl. I, p, 1; (L&, vol. I, p. 7); Sefer Ha'Chukkim of 5727,
g-74 (MI, vol. XXI, p. 75)*
g Sef'er Ha'Chukkim of 5710, p* 86 (Ls, Vol. IV, PO 681,
/ ..*
ANNEX II
ULofficial translation of the bill and explanatoqr notes published
in Hatza'ot C-h- ok No. 787 of 14 July 1968 (pp. 358-362)
N~~NI~TI~~I~E LWTTERS (REGULATION) ~~1~7, 5728-1968
Definitions 1. In this La,w, "application of 1aTr order" means an order
under section 11B of the Law and Administration Ordinance,
5708-1948; L/ "area of application'l of the application of lal/ order
means the area established in this order.
Non-application 2. The Absentees' Property Law, 5710-1950, z/ shall not apply,
of Absentees'
Property Law, from the day of the coming into force of the application of law
5710-1950, to order, to the Holy Places which are situated in the area of
the Holy Places application of that order.
Abolition of
Absenteeship
regarding
certain
property
Plea of Enemy
Status
Release of
vested
immovable
property
3. A person who on the day of the coming into force of an
application of law order was in the area of application of the
order and was a resident thereof, shall not be regarded as an
absentee within the meaning of the Absentees' Property Law,
5710-1950, in respect of property situated in that area,
4. A court or tribunal shall not, in any civil matter, entertain
the plea that a person, who was a resident of the area of
application of the application of law order, is an enemy, unless
the Attorney-General or his representative made that plea.
5* (a) Immovable property situated in the area
of application of the application of law order, and which, before
such area came under the authority of the Israel Defence Forces,
was vested in a person whom the authorities of the State, which
held the area de facto, had appointed as custodian of enemy
property or as holder of a similar title, or that that person
transferred the immovable property to any Of the authorities of
Annex II
that State, or to any body which was under the control of those
authorities - shall, from the day of the coming into force of
the order, vest in the Administrator General in order that he
should deal therecith as provided hereafter in this section.
(b) The Administrator General shall, by certificate under his
hand, release the immovable property referred to in sub-section (a)
to the person who was the owner thereof before it was vested in
the appointed custodian referred to in sub-section (a) or to the
successor of such owner, upon the application of such owner or
successor; so long as the property is not released, the
Administrator General shall deal therewith as he is permitted to
deal with immovable property of a missing person under the
Custodian-General Ordinance, 1944, z/ and the provisions of that
Ordinance shall apply for the purposes of this section o
(c) Where such immovable property includes a public building
erected after the .property became vested in the appointed custodian
referred to in sub-section (a), and the property has been acquired
under the provisions of the Land Property Ordinance (acquisition
for public purposes), 1943, id shortly after its release under the
provisions of sub-section (b), the compensation which will be paid
for such acquisition shall be calculated according to the value of
the land only.
6. A company which immediately before the coming into force of
continuation of
operations
the application of law order had its main place of business in the
area of application of the order, and which was established-under the
law applying in that area, may, notwithstanding anything provided
in the Companies* Ordinance- 5/ or in the Absentees’ Property Law,
5710-1950, continue its operations until the expiration Of three
months from the day of the coming into force of the order, or from
of 1944, Suppl. 1, No. 1380, p. 110 (pe 151 English edition).
of 1943 > Suppl . 1, No. 1305, P* 32.
Laws of Palestine, vol. I, cap. 22, p. 161 (English edition).
. I . . .
Companies -
release f roll1
laws on
absenteeship
Companies -
registratiOn
of charges
Companie s -
transfer of
assets and
liabilities to
an Israeli
company
the day Of the coming into force of this Law, or until the court
shall decide up011 an application filed under section 9, whichever
is latest.
7. A directar or member of a company as referred to in section 6,
who on the cloy of the coming into force of the application of
h1.J order was in the area of application of the order and was a
resident of that area, shall not be regarded as an absentee in
resI::ect of’ the property of the company which is situated in that
:~ea, or in respect of his rights as a member of the company, or
in resI:ect of the operations of the company under section 6 or
section $2.
8. Vhere a company as referred to in section 6 pledges or charges
it3 property, the provisions of section 127 of the Companies’
Ordinance shall apply to it in respect of the registration of the
pleil[;e or charge .
3. (a ) ‘iJhere , within three months from the day of the coming
intO ~CXY!e Of the application of law order or from the day of
ths coming into force of this law, whichever is later, a company
w referred t0 in section 6 arrives at an agreement with a company
registered in Israel for the transfer to it of its assets and
liabilities located in Israel, the company registered in Israel
tl)zly, within three months from the date of the signature of the
documents of the arrangement, apply to the District Court in
Jerusalem, by way of motion, for an order confirming the
a,rrangen:ent .
(b) Notice of the filing of an application under
sub-section (a) and of the time of its hearing shall be published
in Heshumoth: the text Of the notice shall be as prescribed by
the Court.
(c) Sub-sections (3), (4)) (61, (7), (8), (10) and (12) Of section 1lgA of the Companies t Ordinance shall apply, mm mutsncli s , to an arrangement under this section.
/ .*.
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English
Annex II
Page 4
Partnerships
Co-operative
societies -
continuation
of operations
Co-operative
societies -
transfer of
assets and
liabilities to
an Israeli
society
10. The provisions of sections 6 to 9 shall apply mutatis mutandis
to partnerships.
11, (a) A co-operative society which immediately before the
coming into force of the application of law order had its main
place of business in the area of application of the order and
which was established under'the law that was applying in that
area, may, notwithstanding anything provided in the Cooperative
Societies Ordinanceg or in the Absentees' Property Law, 5710-1950,
continue its operations until the expiration of six months from
the day of the coming into force of the order, or from the day
of the coming into force of this Law, or until it has been
registered under the provisions of section 12 (a), whichever is
latest e
(b) The provisions of sections 7 and 8 shall also apply,
-m- utatis mutandis, to a co-operative society.
12. (a) The Minister of Labour may> by general or special order,
enact provisions as to the registration of a co-operative society
as referred to in section 117 including the determination of its
rules, members and organs; a society registered under an order as
aforesaid shall, to all intents, be deemed to have been registered
under the Cooperative Societies Ordinance, and the provisions of
that Ordinance and of the regulations made thereunder shall apply
to any matter not provided for in the order,
(b) The Registrar of Cooperative Societies may arrange the
transfer of the assets and liabilities of a society as referred
i;O in siction 11 to a society which has been registered under
sub-section (a), and apply to the District Court in Jerusalem,
by way of motion, for an order confirming the arrangement; the
provisions of section 9 (b) and (c) shall also apply, mutatis
mutandis, for the purposes of this section.
Ll Laws of Palestine, vol. I, cap. 24, p. 336 (p. 360 of English edition).
/ . . .
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English
Annex IL
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(c) The day of the coming into force of this section is the sixth day of the month of 'Heshvan 5728 (9 November 1967).
Licences to 13. (a) Where,
immediately before the coming into force of the
carry on occupations application of law order, a resident of the area of application of / the order engaged in any profession, handicraft or other occupation under the law then applying in that area, and such occupation requires a licence under an Israeli enactment, such resident may
continue in his occupation until he receives a licence under the
Israeli enactment, but not later than until the expiration of six
months from the day of the coming into force of the order or from the day of the coming into force of this law, whichever is the
latest.
(b) A licence may be granted to a resident as referred to in
sub section (a) even if he lacks any of the personal qualifications
established in the enactment.
(c) Where according to the Israeli enactment the granting of
such licence was subject to condition, e relating to the place where
the occupation is carried on, the Minister charged with the
implementation of that enactment may2 in respect of persons to whom
sub.-section (a) applies, make regulations containing relaxations,
for a specific time or permanently, in respect of the place where
they carried on their occupation before the coming into force of the
application of law order, and he may establish in those regulations
conditions for the granting of the licence; SO long as regulations
as aforesaid have not been made, the authority competent to grant
the licence may establish relaxations and conditions as aforesaid
as part of the terms of the licence.
(d) This section shall not apply to a licence under the
Firearms Law, 5709.-l&9- v or under the Explosives Law, 5711r-l954+ iv
-
I/ Sefer Ha'Chukkim of 5709, p. 143 (E, vol. III, p. 61).
y Sefer Ha'Chukkim of 571lt, p. 64 (g, ~01. VIII, p. 57).
I . . *
s/9149
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AnnexII
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Advocates 14. (a) A resident of the-area of application of the application
of law order, who immediately before the coming into force of the
order served in that area as a judge in a civil court, or was an
advocate in that area, shall becolre a member of the Chamber of
Advocates from the day of the coming into force of the order or
from the day of the coming into force of this law, whichever is
later.
(b) The Minister of Justice shall publish in -R eshumoth the
names of the persons to whom sub-section (a) applies.
(e) The Minister of Justice may prescribe by regulations
conditions, including relaxations, for admission to membership
of the Chamber of Advocates of a resident of Israel who was a
resident of the area of application of the application of law
order immediately before its coming into force and was qualified
to be an advocate, but did not practise the profession of advocate,
or was training in the profession of advocate in the aforesaid area,
but had not yet completed his period of training.
Registration of 15. A person who, on the day of the coming into force of the
rights in
patents and
designs
application of law order, had in the area of application thereof
a registered right of ownership in any patent, design or trademark,
or who before that day applied for registration of rights
as aforesaid in his name,. may, within three months from the day
of the coming into force of the order or from the day of the
coming into force of this law, whichever is later, apply for the
Continuation
of building
activities
registration of his rights under the laws of Israel, and he
shall be deemed to have filed the application for registration
of the rights under the laws of Israel on the day on which he
first filed his application fox registration of those rights.
16. (a) Where the laying of the foundations of a building was
completed under a building permit issued under the law which was
applying in the area of application of the application of law order
before its coming into force, the holder of the permit is entitled - / . . .
s/9149
English
Annex II
Fage 7
if he gave notice, within one year from the day of the coming
into force Of’ the OFdcr OX from the day of the coming into
force 0% this law, kichever is the later, of his intention
to continue the building opexations - to receive a building
Permit under the Israeli law; a permit under this section shall be exempt from payment of a fee.
(b) The District Planning and Building Commission may,
within three months from the day of the granting of a permit
under sub-section (a) and after giving the holder of the
Permit a reasonable opportunity to state his case, cancel the
Permit, for the same reasons for which it is possible to refuse
the granting of a building permit in that place and it may
suspend the permit until. its decision regarding the revocation
of the permit e
Continui.ty of 17. The Minister of Justice may by regulations, either generally
lawsuits, etc.
0x in respect of a specific category of matters, enact provisions
as to -
(1) the cou;ts which shall hear the cases that were pending
immediately before the coming into force of the application
of law order before a court in the area of application Of
the order and the procedure in those cases;
(2) the enforcement and the execution by the COUX%S and
the execution offices of final judgements and of orders
and other decisions given or made before the coming into
force of the application of law order by a court in the
limits of jurisdiction of which the area Of application of
the order was;
(3) the recognition and confirmation of documents which
were issued or confirmed before the coming into force of
the application of law order by an authority in the area
of aPplication of that order,
Implementation 18, Any Minister entrusted with the implementation of a law, to
and regulations which any of the provisions Of this law relates, may mske
regulations fox imPlementation of such provision, and may enact in
+-hose regulations comp&mentaxy pxovisions , including ex’cension
of time-limits, adjustments of fees and exemption therefrom.
/. . .
s/9149
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Annex II
Page 8
Explanatory Notes
The Law amending the Administrative Matters Ordinance (No. ll), 5~7-1967,
established the framework for the application of the State's law, judiciary and
administration to areas of Erets-Israel, The proposed law is to arrange for an
orderly transition to the Israeli legal re'gime in certain matters.
Property
It is proposed that the Absentees' Property Law, 571-O-1950s should not apply
to the Holy Places situated within the area in tJhich the law, judiciary and
administration of the State applies (section 2). It is also proposed that a
resident of such area who was in that area on the day of application of the Law
should not be regarded as an absentee in respect of property situated in that
area (section 3).
Immovable property ,vested in an "officer in charge of enemy property",9 who
was appointed by the authorities of the State which held -d-Ie facto the area before
the application of the Law, shall be transferred to the Administrator General,
and the latter shall release the property to its owners (section 5)*
Companies
The companies which were established and were operating in the allea before
the application to it of the State*s law shall be able to continue temporarily
their operations until the transfer of their assets and their liabilities to
companies which have been established under the laws of Israel, under the
supervision of the District Court of Jerusalem (sections 6 to 12).
Business licences and licences to carry -o-.n.- r occupations
It is proposed to authorize a resident of the area to which the law of the
State has been applied to continue to carry on a vocation, handicraft or other
occupation in which he engaged under licence previously. The resident' shall have
to receive an Israeli licence, and for this purpose any Minister in charge of the
enactment of regulations regarding such occupation shall be authorized to make
regulations establishing the conditions for the granting of the licence and the
relaxations which shall be granted to residents as aforesaid (section 13)6
/ e *.
English
Annex II
Page 9
A person who was a judge or an advocate in the area to which the law of the
State has been applied will be able to be admitted to membership of the Chamber
af Advocates (section 14).
Other pro-v- isions
Persons who had in the area to which the law of the State has been applied
rights in patents, designs Or trade-marks shall be able to protect their rights
by registering them under the laws of Israel (section 15).
Where the construction of a building has not been completed before the
application Of the law of the State to the place where it was erected, and the
cOIX&ruction was made under the previous law, the holder of the permit shall be
able to continue the construction work and to receive for this purpose an Israeli
building permit, subject only to his announcing, within one year, of his intention
to continue the construction work.
The District Planning and Building Commission may revoke a building permit
as aforesaid for the reasons for which it may turn down a request for a building
permit in that place (section 16).
The continuation of the proceedings in cases which, on the day of' the
application of the law of the State, were pending before courts situated in the
area to which the law of the State has been applied, shall be subject to regulations
ma&z by the Minister of Justice. In such regulations, the Minister may also make
provisions for the enforcement of judgements and the recognition of documents
issued by the previous authorities (section 17).
._
ORIGIFAL: E?TGLISH R'WORT OF THE SZCRETARY-C~ENEXAULl Yl)ER sRCU;",ITy CCUJ!TCIL
RIXOLUTION 252 (1368). ol? 21 MAY l$i2
A--dI_d endum
1. * The present document is an addendum ta the report submitted by the
Secretary-Genexal 32 1.1 April 1-969 iii pursuance of Security C.,uncil
resolution 252 (1368) of 21i&y 1363, which requested the Secretary-General
to report to the Council on the implementation of the resolution,
"c, (1 In his report of 11 April 1$9 the Secretary-General indicated that,
in the absence of the recei-& of information from the Government of Israel,
,the only othex source of information of an official nature pertinent to the
implementation of Security Council resolution 252 (1968) which was available
to the Se-g-etary-General Tlas the Israel Official Gazette (Reshumoth). The
Secretary-Cleneral appended to his report an unofPicia1 translation 02 a
bil:L adopted by the Israel Parliament on 14 August 1963, entitled the "Legal
and Administrative iWtters (Regulation) Law" which was relevant to the
situation in Jerusalem.
3. This addendum brings to the attention of the Security Council in an
. 1 . 0 D WlllCXX certain emergency regulations r "Re&ulation of Legal and
A("l;li1listrative l&,tters - Purther provisions" - which are in the form of
additional provisions to the "Legal and Administrative ~&%ttexs (Regula'iion)
Lav7"9 the te::t of which is contained in document S/9149, These Emar~ency
I:eGula.t;ions have been promulgated by the Minister of Justice pursuant to
p&uxs vested in him by parati nraph 3 of the Lab! and Administrative Ordinance
07 1943 (ITO, 1 of 5'708).
* . a #. a 4, ~1s~ set forth in this addendum are two sets of Regulations - "Eewv .lation
of ~cgal al>d AcQxixistrative E.!atters (?ktenSian of Times for Continuance of
provisions of the "Legal and Administrative Xattess (Re&La-tion) La7T" e
5+ The uno:C-i"ici.aI transl~~i3ns of the above-mcntioncd texts ax as follows:
English
Fage 3
A LAW ANIl ADMINISTRATION ORDINANCE, 5708-1948 EJ!@iRGENCRYE GUL.ATIONSC ONCERNINGS UPPIXMENTARYP ROVISIONS TO Tm L23.x~ AND AQMINISTRATIVE MATERS (REGULATION) I.24~
By virtue of the authority vested in me pursuant to Para. 9 (a) of the Law
q I
and Administration Ordinance, 5708-1948, ?-,’ I hereby institute the following
Emergency Regulations :
,’ I. t Addendum Para. 9 (a) In the “Legal and Administrative Katters
IL” ( Regulation) Law, 5728,m1968" d (hereinafter
referred to as the “E&sic Law”)g there is to be
inserted, after Fara. 9:
“Registration of Companies
and Transfer of Assets
and Liabilities
1
9 a* (a) In the case of a Company which on the
eve of the entry into force of an application
of law order or of the coming into force of :,
this Law, whichever is later, had a
registered office or a place of business in
the area within the jurisdiction of the
Order, and which was established in
accordance with the law prevailing in that
area at the time of its establishment, and
which did not act in accordance with Para. 9
or 10 by the date on which the Emergency
Regulations (Supplementary Provisions) to
the Legal and Administrative Matters
(Regulation) Law, 5”i’29-1’$9, entered into
force, the J!&i.nister of Justice may instruct ;
by an order its registration in Israsl in :
accordance with the Companies Ordinance, ’
from the date the Minister shall determine in j
the order, and he may give in the order any ;
instruction in the matter; did the Minister ;
of Justice give an order as above, the
Registrar of Companies shall register the
said company in accordance with the Companies
Ordinance.
I
&/ Official Gazette 5708 (l-948), Addendum A, No* 2, page 1.
2J Sefer Ha’ Chukkim NO 9 542, 5728 (1968), page 247.
-p--
(b) The order according to sub-section (a)
shall be published in the Off-icial Gazette.
(c) The Registrar of Companies has the right
to demand from the company that is subject
to sub-.section (a) and from anyone serving
as a member of the board of directors, or as
a business manager, on the eve of the issuing
of such an order in accordance with
sub-section (a), that they submit to him
certified copies of its Memorandum and
Articles of Association, and any additional
particulars regarding the Fompany, required
for its registration.
(d) The Registrar of Companies shall make
the arrangements for the transfer of the
assets and liabilities of the‘company,
subject to the provisions of sub-.section (a),
and he shall. apply to $he Uistrict Court of
Jerusalem, by way of motion, for an order
confirming the arrangement; the provisions Of
Fara. 3 (b) and 9 (c) shall apply, m--Iu_t atis
mu-Land&g, to the, arrangement under this
sub ,-section n
(e) Sara. 8 shall apply, m---u--t atis muta-bn-d-i9s
to the company under this Paragraph, if no
prior mortgage or lien had been registered
under sub-section (d).
(f) A company subject to sub-section (a)
,which has not submitted as yet to the
Registrar of Companies certified copies rjf
its Memorandum and Articles of Association
as aforesaid under sub-section (c) shall be
subject to the following provisions:
(1) If the company conducts business
within the area of jurisdiction of the law3
such business shall be deemed to exist only
within the limits defined in the Memorandum;
(2) As long as it did not submit its
Articles of Association to the 'Registrar of
Companies, the Articles of Association
included in the Third Addition to the
Companies Ordinance shall be considered as
the company's Articles of Association and it
chall act in accordance with same.
Addendum to Para. 11 (a)
"Registration of
Partnerships
Addendum to Para a 15 (a)
"Licences Additional
Provisions
English
Page 5
(3) Notwithstanding the provi
clauses (1) and (2), the Minister 01
may define in an order the objective
company as hereinabove and this defil
shall be in force as long as the cornpa,
fails to submit its Memorandum and Arti
of Association as required under
sub-section (c)'
(k) The Minister of Justice or wL
shall be so empowered by the Minister
issue a certificate in writing as to t*
scope and authority of the ccmpany and -,
any other matter arising out of its
registration and from the transfer of its
assets and liabilities."
2. After Para. 11 of the Basic Iaw there is to be
inserted:
11 a. Provisions of Bra. 9 (a) shall also apply
to partnerships."
3. After Para. 15 of the Basic &,w there is to be
inserted:
15 a. (a) Vherk, before the coming into force of
the application of law order, a resident of
the area cf applicaticn of said order engage
in any vocatioll, handicraft or other
occupation under the law then applying in
that area, and such activity requires a
licence under an Israeli enactment, the
Hinister charged with the implementatio
the aforesaid Israeli enactment may is<
order that such resident shall be cons
as a holder of the licence from the da-
Ministe;? shall determine in the order.
(13) Any, person considered as a holder of
licence in accordance with this paragraph
shall be considered in any matter as a pe
who received a licence under the legislat
governing the said vocation, handicraft 0
other occupation.
(c) The order as aforesaid in sub--section
shall be published in the Official Gazettt
‘$,yJL&,g&‘* s’
English
Page 6
1
(d) The Minister charged with the
”
implementation of the enactment or any
person so empowered by the Minister may
require the resident to whom sub-,section (a)
applies to give particulars as to his
person and qual,if ications. ”
Amendment of Fara. 16 4. In Para. 16 of the Basic La%? -
‘(,
(1) In sub-section (a), replace the words “who
served as a judge of a civil court, or was an
,r advocate in such area” by “who, in such area or in
any part of Eretz Israel not designated in the
J, aforesaid order, served as a judge of a civil court
or was an advocate”; .’
(2) After sub-section (e), insert:
“(f’) In the case of a member of the Chamber of _I
Advocates in accbrdance with this paragraph, the
period of his previous activities as a judge or
advocate, as stated in sub-sections (a) or (d),
shall, for all lawful purposes, also be considered
as a period during which he served as a judge or
advocate, as the case may be, in Israel; this
II_ provision does not detract from the authority
‘, mentioned in sub-sections (c) or (d) .” I
,I
‘Addendum to Para. 19 (a) 5 - After Fara. 19 of the Basic Law, insert:
1
Iji “Validity of
:.
Registration
1-9 (a>= Registration made under this Lau may not
be challenged a$ to its validity. ”
!” Addendum to Para. 20 (a) 6. Af%er Fara. 20 of the Basic Law, insert :
“Implementatio:~ date 20 (a). From the effective date of the order for
/‘,
of the Law- of State the implementation of the Law, Fara. 2 qf the State
Property Property Law, 5711-1951 z/ shall apply, n--l-u tatis
1 mutandis, to any property of, the State Authori%ies,
‘”
as stat& in Fara. 5 (a) .”
;,+,Title 74 These Regulations shall be called “Emergency
1,
L)’ Regulations (Legal and Administrative Matters
,> (Regulation) Law -
Supplementary Provisions),
,::‘,:
r $729 -1969. ”
m /
I: 9th day of the month of Iyar 5729 (27 April 1969)
,’
I
ji’,,’
Yaalrov S. Shapira
Minister of Justice
I
Sefer Ha’ Chuklrim I\Jo . 68, $711 (1951)) page 52. / ..*
B
LEGc+AALL A ND AD~~MMININISISTTRRAATTIVIVEE MATTERS (REGULATION)
LAW, $728-y&58
REGULATIONSR EGARDINGC ONTINUING ACTIVITIES OF CO?@ANIES
Administrative Matters (Regulation) Law, 5728-1968--
the Law )> 1 hereby institute the following Regulations:
Extension of Dates
2., These reg;ulations shall be called "Regulations
of the Legal and Administrative Matters
Yaakov S. Shapira
A,/ Sefer Ha' Chukkim, No. 542, 5728 (1968), P. 24-T.
2J Collection of Regulations No. 2354, 5729 (X969), p. 1137.
;English
j iPage a
i
/ :
! ! : ! C
:
I i
j i LEGAL AND ADMINISTRATIVE MATTERS (REGULATION)
I / I LAW9 57 28 -1968
i
REGULATIONS REGARDING COMTINUATlON OF BUSINESS
: I
~.I
under Pare. 22 of the Legal and
: By virtue of the authority vested in me
i~~!Administrative Matters (Regulation) Law, 5728~Ilp68&/ (hereinafter referred to as
'4
ithe Law, and under other" authority given to me under any law, I hereby institute
i':JFhe following Regulations:
:
Extension of Dates 1.
j @h 0f Iyar, 5729 (27 April 1964))
The period of six months mentioned in
Para. 15 (a) of the Law as extended by the
Regulations of the Legal and Administrative
Matters (Regulation) Law (Continuation of
Business), 5729-1969, c/ is here’by extended for
an additional six months with respect to any
occupation that is licensed in accordance with
the Law that I am charged to implement.
These regulations shall be called: "Regulations
of the Legal and Administrative Matters
(Regulation) Law (Continuation of Business)
(No. 13) > 5729-1’369” e
1;/: ; I?f g :Sefer HalChul&im, No. 542, 5728 ;I ';
\/,!I{ 'Yi!,,2 sZ Collection of Regulations, 5769 0969)
Yaalrov S. Shapira
Minister of Justice
247.
916.
UNITED NATIO Distr.
GENER.AL
S/~l@/Add.l/Corr.l
1 July 1969
ORIGI$JAL: EKGLI38
Corrigendum to document S/9149/AddA
1. In paragraph 3, lines 2 and 3, the title of the Regulations should read:
"Emergency Regulations concerning Supplementary Provisions to the Legal and
Administrative Matters (Regulation) Law'.
2. In paragraph 'c, titles of the two sets of Regulations should read:
I "Regulations regarding continuing activities of Companies" and "Regulations
regarding continuation of business".
30 In paragraph 5, insert the following phrase after the words "above-mentioned
text" : "which have been published in the Israel Official Gazette, (Collection Of
Regulations No. 2380 of 27 April 1969, pp. s362-s363)‘*e
“ I . . “ - -
...
THE SITUATION JN THE MIDDLE EASP
At its 1466th meeting, on 27 March 1969, the
Council <lcciJed to invite the representatives of Jordan
and Israel to participate, without vote, in the discussion
cf the item entitled:
"The situation in the Middle East:
"Letter dated 26 March 1969 from the Permanent
Representative of Jordan addressed to the President
of the Security Council ( S/9113). 0
'"The situation in lhe Mid<lle East:
'· Letter dated 2 7 March 1969 from the Permanent
Representative of Israel addressed to th..: President
of the Security Council (S/9114).'"G
At its 1467th meeting, on 27 March 1969, the
Council decided to invite the representative of Saudi
Arabia to participate, without vote, in the discu,sion
of the question.
Resolution 265 (1969)
of I ApI"il 1969
The Security Council,
Having considered the agenda contained in document
S/ Agenda/ 1466/Rev.1,
Having heard the statements made before the
Council,
Recalling its resolution 236 (196 7) of 12 June
1%7,
Observing that numerous premeditated violations of
the cease-fire have occurred,
Viewing with deep concern that the recent air att:.
icks on Jonbnian villages and other populated areas
were of a pre-planned nature, in violation of resolutions
248 (1968) of 24 March 1968 and 256 ( 1968) of
16 August 1968,
Gravely conccr11cd about the deteriorating situation
which endangers pc~,c..: and security in the area,
l. Reaffirms resolutions 248 ( 1968) and 256
(1968);
2. Deplores the loss of civilian life and damage to
property;
3. Condemns the recent premeditated air attacks
launched by Israel on Jordanian villages and populated
areas in flagrant violation of the United Nations
Charter and the cease-fire resolutions, and warns once
again that if such attacks were to he repeated the
"Resolutions or decisions on this question were also adopted
in 1967 and 1968.
6 Sec Official Records of tl1c Scrnrity Council, Twenty-fourth
Year, Supplement for Ja111wry, February and March 1969.
3
Security Council would have to meet to consider f,1rthcr
and more effective steps as envisaged in the Charkr to
ensure against repetition of such attacks.
Adopted at the 1473rd
meeting by 11 vo/l's to
none, with 4 ahstc111io11s
(Colombia, Paraguay, United
Kingdom of Great Britain
and Northern Ireland,
United States of America).
Decisions
At its 1482nd meeting, on 30 June 1969, the Council
decided tt, invite the representatives of Jordan,
Israel, the United Arab Republic, Saudi Arabia, Syria
and Morocco to participate, without vote, in the discussion
of the item entitled "The situation in the Middle
East: letter dated 26 June 1969 from the Permanent
Representative of Jordan addressed to the President
of the Security Council (S/9284 )".7
At its 1483rd meeting, on 1 July 1969, the Council
decided to invite the representatives of Iraq, Indonesia
and Lebanon to participate, without vote, in the
discussion of the question.
At its 1484th meeting, on 2 July 1969, the Council
decided to invite the representative of Malaysia to
participate, without vote, in the discussion of the
question.
At its 1485th meeting, on 3 July 1969, the Council
decided to invite the representatives of Afghanistan,
Sudan, Yemen, Tunisia and Kuwait to participate, without
vote, in the discussion of the question.
Resolution 267 (1969)
of 3 July 1969
The Security Council,
Recalling its resolution 252 ( 1968) of 21 May 1968
and the earlier General Asscmblv resolutions 2253
(ES-V) and 2254 (ES-V) of 4 ·and 14 July 1967,
7 Ibid., Supplement for April, May and /1111c 1969.
respectively, concerning measures and actions by Israel
affecting the status of the City of Jerusalem,
Having heard the statements of the parties conconcerned
on the question,
Noting that since the adoption of the above-mentioned
resolutions Israel has taken further measures
tending to change the status of the City of Jerusalem,
Reafjirming the established principle that acquisition
of territory by military conquest is inadmissible,
1. Rea/jinns its resolution 252 ( 1968);
2. Deplores the failure of Israel to show any regard
for the resolutions of the General Assembly and the
Security Council mentioned above;
3. Censures in the strongest terms all measures
taken to change the status of the City of Jerusalem;
4. Confirms that all legislative and administrative
measures and actions taken by Israel which purport to
alter the status of Jerusalem, including expropriation
of land and properties thereon, are invalid and cannot
change that status;
5. Urgently calls once more upon Israel to rescind
forthwith all measures taken by it which may tend to
change the status of the City of Jerusalem, and in
future to refrain from all actions likely to have such
an effect;
6. Requests Israel to inform the Security Council
without any further delay of its intentions with regard
to the implementation of the provisions of the present
resolution;
7. Determines that, in the event of a negative response
or no response from Israel, the Security Council
shall reconvene without delay to consider what further
action should be taken in this matter;
8. Requests the Secretary-General to report to the
Security Council on the implementation of the present
resolution.
Adopted unanimously at the
1485th meeting.
Decision
At its 1498th meeting, on 13 August 1969, the
Council decided to invite the representatives of
Lebanon and Israel to participate, without vote, in
the discussion of the item entitled:
"The situation in the Middle East:
"Letter dated 12 August 1969 from the Charge
d' Affaires ad interim of Lebanon addressed to the
President of the Security Council (S/9385). 8
"The situation in the Middle East:
"Letter dated 12 August 1969 from the Permanent
Representative of Israel addressed to the President
of the Security Council (S/9387)."8
8 Jbid., Supplement for July, August and September 1969.
4
Resolution 270 (1969)
of 26 August 1969
The Security Council,
Having considered the agenda contained in document
S/ Agenda/1498/Rev. l,
Having noted the contents of the letter of the Charge
d'afjaires ad interim of Lebanon (S/9383 ),0
Having heard the statements of the representatives of
Lebanon and Israel,
Grieved at the tragic loss of civilian life and
property,
Gravely concerned about the deteriorating situation
resulting from the violation of Security Council resolutions,
Recalling the General Armistice Agreement between
Israel and Lebanon of 23 March 1949, 10 and the ceasefire
established pursuant to resolutions 233 (1967) and
234 (1967) of 6 and 7 June 1967, respectively,
Recalling its resolution 262 ( 1968) of 3 1 December
1968,
Mindful of its responsibility under the relevant provisions
of the Charter of the United Nations,
l. Condemns the premeditated air attack by Israel
on villages in southern Lebanon in violation of its obligations
under the Charter and Security Council resolutions;
2. Deplores all violent incidents in violation of the
cease-fire;
3. Deplores the extension of the area of fighting;
4. Declares that such actions of military reprisal and
other grave violations of the cease-fire cannot be tolerated
and that the Security Council would have to consider
further and more effective steps as envisaged in
the Charter to ensure against repetition of such acts.
Adopted at the 1504th
meeting.11
Decisions
At its 1507th meeting, on 9 September 1969, the
Council decided to invite the representatives of Israel,
the United Arab Republic and Indonesia to participate,
without vote, in the discussion of the item entitled "The
situation in the Middle East: letter dated 28 August
1969 addressed to the President of the Security Council
by the representatives of Afghanistan, Algeria,
Guinea, Indonesia, Iran, Iraq, Jordan, Kuwait,
Lebanon, Libya, Malaysia, Mali, Mauritania, Morocco,
the Niger, Pakistan, Saudi Arabia, Somalia, Southern
Yemen, the Sudan, Syria, Tunisia, Turkey, the United
Arab Republic and Yemen (S/9421 and Add.1
and 2) ."12
9 Ibid.
10 Ibid., Fourth Year, Special Supplement No. 4.
11 Adopted without vote.
12 See Official Records of the Security Council, Twentyfourth
Year, Supplement for July, August and September 1969.
At its 1508th meeting, on 10 September 1969, the
Council decided to invite the representatives of India
and Somalia to participate, without vote, in the discussion
of the question.
/\tits 1509th meeting, on 11 September 1969, the
Council decided to invite the representatives uf Jordan
and Saudi Arabia to participate, without vote. in the
discussion of the question.
At its 1510th meeting, on 12 September 1969, the
Council decided to invite the representatives of Ceylon
and Malaysia to participate, without vote, in the discussion
of the question.
At its 1511th meeting, on 15 September 1969, the
Council decided to invite the representatives of Lebanon
and Tunisia to participate, without vote, in the discussion
of the question.
Resolution 271 (1969)
of 15 September 1969
The Security Council,
Grieved at the extensive damage caused by arson
to the Holy Al Aqsa Mosque in Jerusalem on 21 August
1969 under the military occupation of Israel,
Mindful of the consequent loss to human culture,
Having heard the statements made before the Council
reflecting the universal outrage caused by the act
of sacrilege in one of the most venerated shrines of
mankind,
Recalling its resolutions 252 ( 1968) of 21 May
1968 and 267 (1969) of 3 July 1969 and the earlier
General Assembly resolutions 2253 (ES-V) and 2254
(ES-V) of 4 and 14 July 1967, respectively, concerning
measures and actions by Israel affecting the status
of the City of Jerusalem,
Reaffirming the established principle that acqms1-
tion of territory by military conquest is inadmissible,
I. Reaf/ir111s its resolutions 252 ( 1968) and 267
( I 969);
2. Recognizes that any act of destruction or profanation
of the Holy Places, religious buildings and sites
in Jerusalem or any encouragement of, or connivance
at, any such act may seriously endanger international
peace and security;
3. Determines that the execrable act of desecration
and profanation of the Holy Al Aqsa Mosque emphasizes
the immediate necessity of Israel's desisting from
acting in violation of the aforesaid resolutions and rescinding
forthwith all measures and actions taken by it
designed to alter the status of Jerusalem;
4. Calls upon Israel scrupulously to observe the provisions
of the Geneva Conventions1~ and international
law governing military occupation and to refrain from
causing any hindrance to the discharge of the estab-
1 ished functions of the Supreme Moslem Council of
Jerusalem, including any co-operation that Council may
desire from countries with predominantly Moslem population
and from Moslem communities in relation to its
plans for the maintenance and repair of the Islamic
Holy Places in Jerusalem;
5. Condemns the failure of Israel to comply with
the aforementioned resolutions and calls upon it to implement
forthwith the provisions of these resolutions;
6. Reiterates the determination in paragraph 7 of
resolution 26 7 (1969) that, in the event of a negative
response or no response, the Security Council shall convene
without delay to consider what further action
should be taken in this matter;
7. Requests the Secretary-General to follow closely
the implementation of the present resolution and to report
thereon to the Security Council at the earliest
possible date.
Adopted at the 1512th meeting
by 11 votes to none,
with 4 abstentions ( Colombia,
Finland, Paraguay,
United States of America).
13 Geneva Conventions of 12 August 1949 (United Nations
Treaty Series, vol. 75 (1950), Nos. 970-973). '
THE CYPRUS QUESTION14
Decision
At its 1474th meeting, on 10 June 1969, the Council
decided to invite the representatives of Cyprus, Turkey
~,:d Greece to p:1rticipate, without vote, in the discussi,
m of the item entitled "Letter dated 26 December
14 Resolutions or decisions on this question were also adopted
in 1963, 1964, 1965, 1966, 1967 and 1968.
5
1963 from the Permanent Representative of Cyprus
addressed to the President of the Security Council (S/
5488): 1" report of the Secretary-General on the United
Nations Operation in Cyprus (S/9233 )".16
i:; Sec O/]icial Records of 1/ie Security Council, Eit:?hteenth
Year, Supplement for Ocrober, November and December 1963.
rn Ibid., Twcnty-fo,1rth Year, Supplement for April, f,,fay
and J1111c /969.
k: I-
.’ . . I
“ . ..a.,
“ . , ; . Dis-tr.
GENERAL
s/9537
j 5 December 1969
ORIGINAL: ENGLISK
REPORT OF THE SECRETARY-GENERAL UJ!?DER SEC?URITY COUNCIL
RESOLUTION 267 (1969) OF j JULY 1969
1. The Security Council, in its resolution 267 (1969) of 3 July 1969, requested
the Secretary-General "to report to the Security Council on the implementation of
this resolution", In the same resolution, the Setiurity Council, among other
things, censured "in the strongest terms all measures taken to change the slntus
of the City of Jerusalem', confirmed that "all legislative and administrative
measures and actions by Israel which purport to alter the status of Jerusalem
including expropriation of land and properties thereon are invalid and cannot
change that status"s urgently called once more upon Israel "to rescind for-tl?with
all measures taken by it which may tend to change the status of the City of
Jerusalem, and in future to refrain from all a&ions likely to have such an
effect", and requested. Israel "to inform the Security Council without any further
delay of its intentions with regard to the implementation of the provisions of
this resolution".
2. In order to obtain the information necessary for the discharge of his
reporting responsibilities under Security Council resolution 267 (1969), the
Secretary-General address@ d the following note to the Permanent Representative
of Israel on 27 AugLd 1969:
"The Secretary-General of the United Nations presents his compliments
to the Permanent Representative of Israel to the United Nations and has
the honour to refer to Security Council resolution S/RES/Z@ (1969) of
3 July 1969, concerning the status of the City of Jerusaiem. Under the
terms of that resolution the Council requested Israel 'to inform the
Security Council without any further delay of its intentions with regard to
the implementation of the provisions of this resolution' and requested
the Secretary-Generel 'to report to the Security Council on the implementation
of this resolution',
69-29511 /
.Drn
s /9537
English
Page 2
'The Permanent Representative of Israel will recall that on
4 August, in conversation with him, the Secretary-General referred to this
question and inquired as to when the response of the Government of Israel
to the Security Council resolution might be expected. The Secretary-General
would be grateful if the Permanent Representative of Israel would be so
kind as to convey to his Government the Secretary-General's hope that its
response on this most important matter may be soon forthcoming."
9. Receipt of this note was acknowledged by the Fermanent Representative of
Israel in the following message dated 2 September 1969:
"The Permanent Representative of Israel to the United Nations presents
his compliments to the Secretary-General of the United Nations and has the
honour to acknowledge receipt of the Secretary-General's communication
dated 27 August 1969 concerning Security Council resolution t$~~s/267 (i969),
and to inform him that the communication has been transmitted to
Jerusalem for consideration by the Israel Government.
"The Permanent Representative of Israel avails himself of this
opportunity to renew to the Secretary-General the assurances of his
highest consideration."
4. On 15 October lg6ps the Secretary-General addressed to the Permanent
Representative of Israel a second note, the text of which is as follows:
"The Secretary-General of the United Nations presents his compliments
to the Permanent Representative of Israel to the United Nations and has
the honour to refer to Security Council resolution 267 (1969) 0-f
3 July 1969 concerning the question of Jerusalem.
"In its resolution 267 (1969), the Security Council requested Israel
'to inform the Security Council without any further delay of its intentions
with regard to the implementation of the provisions of this resolution'
and requested the Secretary-General 'to report to the Security Council on
the implementation of this resolution'. It is recalled that on b-August,
in conversation with the Permanent Representative of Israel, the Secretary-
General referred to this question and inquired as to when the response
Of the Government of Israel to the Security Council resolution might be
expected. In a subsequent note verbale dated 27 August 1969, the
Secretary-General requested the Permanent Representative of Israel to
convey to his Government the Secretary-General's hope that its response
on this most important matter might be soon forthcoming. In a note verbale
dated 2 September lg6g9 t:le Permanent Representative of Israel
acknowledged receipt of the Secretary-General's communication and informed
the Secretary-General that 'the ccmmunication had been transmitted to
Jerusalem for consideration by the Israel Government'. So far, the
Secretary-General has received no response from the Israel Government,
either directly or through the Permanent Representative.
/ .*a
s/9537
English
Fwe 3
"The Israel Government is, obviously, the only source for the
information necessary, for the discharge of the Secretary-General's
reporting responsibilities under Security Council resolution 267 (1969).
Therefore, the Secretary-General once again requests the Israel Government
to provide him with such information and he earnestly hopes that it will
be made available to him at an early date. The Secretary-General will
in any case be obliged in the very near future to report to the Security
Council in fulfilment of the responsibilities placed on him in the
above-mentioned resolution.
"The Secretary-General takes this opportunity to renew to the
Permanent Representative the assurances of his highest consideration."
5. On 21 November 1969, the Secretary-General addressed a third note to the
Permanent Representative of Israel, which reads as follows:
"The Secretary-General of the United Nations presents his compliments
to the Permanent Representative of Israel to the United Nations and has
the honour to refer to the Secretary-General's notes of 27 August and
15 October 1969 concerning the implementation of Security Council resolution
267 (1969) of 3 July 1969 on the subject of Jerusalem.
"The Secretary-General considers it necessary to discharge his
obligation to submit the report on this matter requested by the Security
Council in the above-mentioned resolution within the next week, The
Secretary-General, therefore, very much hopes that the information he has
requested on this subject ,from the Government of Israel will be forthcoming
before that time.
'The Secretary-General takes this opportunity 'co renew to the
Permanent Representative of Israel the assurances of his highest
consideration,"
6. The following reply dated 27 November 1969, has been received by the
Secretary-General from the Permanent Representative of Israel:
"Excellency,
"I atn instructed by
you the following letter:
the Minister for Foreign Affairs to transmit to
“Excellency,
'In response to your note of 15 October 1969 to the Permanent
Representative of Israel referring to the Security Council's
resolution of 3 July 1.969, I wish to clarify further the present
situation in Jerusalem and my Governmentrs attitude to the universal
interest in its Holy Places.
/ l . .
‘The division of Jerusalem arose out of illicit armed action by
Jordanian forces in 1948, in defiance of Security Council cease-fire
appeals. Similarly, this division was terminated by hostilities
initiated by Jordan in 1967. The circumstances under which the
Jordanian re’giln? came to an end were described in my letter to you
of lo July 1967 (n/6753, S/3052), as f ollobrs :
‘“On 5 June 1967, the Jordanian forces launched a destructive
and unprovoked armed assault on the part of Jerusalem outside the
walls. This attack was made despite Israel’s appeals to Jordan to
abstain from hostilities, Cozens of Jerusalem citizens were killed
and hundreds wounded.
l”Artillery bombardment was directed against synagogues, the
Church of Dormition, hospitals, centres of secular and religious
learning, the Hebrew University and the Israel Museum. Intensive
fire was directed against institutions and residential centres from
positions in and near the Holy Places themselves, which were thus
converted into military positions for shelling Jerusalem.”
‘The nineteen years during which the City was divided ‘by a
military dewnrcation line were a sombre episode in its long history.
Jordanian control of east Jerusalem arose exclusively out of military
conquest and had no other international authority.
‘Jerusalem has been the focus of Israel’s faith and nationhood
for three thousand years and has been Israel’s centre of Government
for two decades. It is inconseivable that Jerusalem should be torn
apart again or that any international interests can be served by
pressing for the City to be dismembered, These interests are based
on the Ho1.y Places of three great monotheistic religions. For the
first time since 1348 the shrines of all faiths have been open to
access by those who hold them sacred.
‘Israel has ensured that the Holy Places be administered under
the responsibility of the religions concerned. Places of worship
and religious institutions destroyed or damaged in the assaults of
1948 and 1967 have been or are being restored. I reiterated my
Government f s willingness to work out agreements with the representative
bodies of the three religions to ensure that the universal and
sacred character of the Rely Places is appropriately expressed and
free access to them guaranteed. My Government has initiated and
mai.ntained contact with all such bodies that are willing to discuss
with us these matters of’ common concern.
‘Apart from these universal associations Jerusalem is a’ living
Secular city with 200,000 Jewish and 70,000 Arab inhabitants II
Municipal and social services and public utilities have been e::tended
to the eastern part of the City and are being steadily improved,
s/9537
English
Paw 5
Normal movement and visit, residence, business activity and
employment are open to all citizens in all parts of the City. Its
economic welfare is being advanced and plans are taking shape to
enhance its dignity and beauty. The participation of over
7PCCOArab residents in the recent municipal elections in Jerusalem
demonstrated their' positive interest in the day-to-day administration
of the united City.
'The progress of the City during the past two years stands in
sharp contrast to the situation which prevailed from 1949 to 1967
in the Jordan-occupied section. After its occupation in 198 the
Jewish quarter of the walled Old City was practically destroyed and
scores of synagogues in it were laid waste. The ancient Jewish
cemetery on the Mount of Olives was desecrated and p&tly demolished.
Cespite a solemn obligation in the Armistice Agreement, no Jews in
Israel or anywhere in the world were allowed access to their most
sacred shrine, the Western (Wailing) Wall, or to any other place in
Jordanian hands associated with Jewish history, religion and
tradition. Even the Moslem Arab citizens of Israel were not allowed
by .Jordan to reach their Holy Places. Outbreaks of fighting;,
bloodshed and tension were frequent across the armistice lines which
ran through the heart of the City.
'International opinion has every reason to regret that the
Security Council remained completely indifferent to the destruction
and sacrilege of Jewish houses and prayer, residences and burial
grounds and,violation of the principle of free access to the
Holy Places, It would be incongruous for a body which did nothing
to prevent Jerusalem's violent division to work now against its
peaceful union or to censure measures taken to ensure the livelihood
of all its inhabitants and to maintain public law and order despite
occasional terrorist attacks upon the civil population organized,
directed and financed by the very Jordanian authorities which showed
such callous disregard for Jerusalemrs'pcnce and sanctity on many
occasions during the past twenty years.
'The sacred associations which are evoked by Jerusalem should
not become the object of political and religious incitement without
regard for the genuine interests of the City and its inhabitants, as
was the case during the unfortunate recent Security Council debate.
'As I stated in my letter of 10 July 1967, the Government of
Israel is confident that world opinion will come to welcome the new
prospect of seeing this ancient and historic metropolis thrive in
unity, peace and spiritual elevation.
IOur policy is to work for the City 1s welfare in the interests of
all its inhabitants and that when the final peace is established it
should embody agreements with the appropriate Christian and MOSleln
authorities to ensure expression of the universal religious interests
involved.
s/9537
English
Page G
'In my &a-telnent to the General Assembly at its 1757th meeting
on 19 September l!X$ I said:
t"Israel does not claim exclusive Or unilateral jurisdictioil in
the Holy Places of Christianity and Islam in Jerusalem, and is
willing to discuss this principle with those traditionally concerned.
There is a versatile range of possibilities for working Out a status
for the Holy Places in such a manner as to promote Middle Eastern
peace and ecumenical harmony, In the meantime, our policy is that
the Moslem and Christian Holy Places should always be under the
responsibility of those who hold them sacred. This principle has been
in practical effect since 1967."
'1 have the honour to request that this letter be circulated as
an official document of the Security Council.
'Please accept, Excellency, the assurances of my highest
consideration.
'(Signed) Abba .EFAN'
"(S_ig_nI_e-d ) Yosef TEICOAH
Permanent Representative of Israel
to the United lktions"
16 December 1969
ORIGINAL: EXGLISH
REPORT OF THE SECRETARY-GEmRAL UNDER SECURITY CONTROL
RESOLUTION 271 (1969) OF 15 SEPTEMBER 1969
1. This report is submitted in pursuance of Security Council resolution
271 (1969) of 15 September 1969 concerning Jerusalem, which requested the
Secretary-General "to follow closely the implementation of the present resolution
and to report thereon to the Security Council at the earliest possible date".
This resolution was communicated to the Government of Israel on the day of its
adoption.
2. On 24 November 1969, the Secretary-General, having received no information,
addressed the following note to the Permanent Representative of Israel:
"The Secretary-Gencral.of the United Nations presents 'his compliments
to the Permanent Representative of Israel to the U&ted Ovations and has
the honour to refer to Security Council resolution 271 (1969) of
15 September ~969 on the subject of Jerusalem.
"Under the terms of this resolution, the Security Council requested
the Secretary-General 'to follow closely the implementation of the
present resolution and to report thereon to the Security Council at the
earliest possible date'. In order that he may fulfil the reporting
responsibilities placed upon him by the Security Council, the
Secretary-General would be grateful if the Israel Government would
provide him, at an early da.te, with the necessary information regarding
the implementation of the above-mentioned resolution, since it is his
intention to submit a report to the Council not later than
mid-December 1969.
"The Secretary-General takes this opportunity to renew to the
Permanent Representative of Israel the assurances of his highest
donsideration."
3. On 16 December 1569, the Secretary-General received from the Permanent
Representative of Israel the following reply dated 15 December 1969:
69-x@ / l . .
"The Permanent Representative of Israel to the United Nations presents
his compliments to the Secretary-General of the United Nations and has
the honour to refer to the Secretary-General's note of 24 November 1969
concerning Security Council resolution 271 (1969) of 1.5 September 1969.
"The genesis of the resolution was the blatant attempt of Arab States
to exploit the fire in the Al-Aqsa Mosque for political and propaganda
purposes and to incite religious passions throughout the Moslem world.
The invoking of the Security Council to further these purposes was one
of the most inglorious ch.?pters in the history of the United Nations,
and impaired the prestige of the organization itself. Moreover, the
tension, antagonism and falsehood artificially and deliberately created
over the incident damaged still further the prospects of a peaceful
settlement of the Middle East conflict.
"These submissions are more fully elaborated in the statements made
by the Permanent Representative during the Security Council debate
between 9 and 15 September 1969.
"The report of the Commission of Enquiry appointed by the President
of the Israel Supreme Court was published on 23 September 1969. The
trial of Denis Michael Rohan, accused of arson in connexion with the
fire, is still in progress, and judgement is expected to be delivered
soon. In the meantime, temporary repairs have been effected to the
Mosque, and prayers are conducted in it as usual.
"As for those paragraphs in the Security Council resolution referring
to the question of Jerusalem, reference is made to the letter from the
Foreign Minister of Israel conveyed to the Secretary-General by the
Permanent Representative on 27 November 1969, and circulated in document
S/g537 of 5 December 1969.
"The Permanent Representative of Israel avails himself
opportunity to renew to the Secretary-General of the United
the assurances of his highest consideration."
-----
of this
Nations
Morocco, Lebanon and Saudi Arabia to participate,
without vote, in the discussion of the question.
At its 15 81 st meeting, on 17 September 1971, the
Council decided to invite the representative of Tunisia
to participate, without vote, in the discussion of the
question.
Resolution 298 (1971)
of 25 September 1971
The Security Council,
Recalling its resolutions 252 (1968) of 21 May 1968
and 267 (1969) of 3 July 1969 and the earlier General
Asembly resolutions 2253 (ES-V) and 2254
(ES-V) of 4 and 14 July 1967 concerning measures
and actions by Israel designed to change the status of
the Israeli-occupied section of Jerusalem,
Having considered the letter of the Permanent Representative
of Jordan on the situation in Jerusalem33 and
the reports of the Secretary-General,34 and having heard
the statements of the parties concerned on the question,
Reaffirming the principle that acquisition of territory
by military conquest is inadmissible,
ss Ibid., document S/10313.
34 Ibid., Twentv-second Year, Supplement for July, August
and September 1967, documents S/8052 and S/8146; ibid.,
Twenty-fourth Year, Supplement for April, May and June
1969, documents S/9149 and Add.I; ibid., Supplement for
October, November and December 1969, document S/9537;
ibid., Twenty-sixth Year, Supplement for January, February
and March 1971, document S/10124; ibid., Supplement for
April, May and June 1971, document S/10124/Add.l; and
ibid., Supplement for July, August and September 1971, document
S/10124/ Add.2.
Noting with concern the non-compliance by Israel
with the above-mentioned resolutions,
Noting with concern also that since the adoption of
the above-mentioned resolutions Israel has taken
further measures designed to change the status and
character of the occupied section of Jerusalem.
1. Reaffirms its resolutions 252 (1968) and 267
(1969);
2. Deplores the failure of Israel to respect the
previous resolutions adopted by the United Nations
concerning measures and actions by Israel purporting
to affect the status of the City of Jerusalem;
3. Confirms in the clearest possible terms that all
legislative and administrative actions taken by Israel to
change the status of the City of Jerusalem, including
expropriation of land and properties, transfer of populations
and legislation aimed at the incorporation of
the occupied section, are totally invalid and cannot
change that status;
4. Urgently calls upon Israel to rescind all previous
measures and actions and to take no further steps in
the occupied section of Jerusalem which may purport
to change the status of the City or which would
prejudice the rights of the inhabitants and the interests
of the international community, or a just and lasting
peace;
5. Requests the Secretary-General, in consultation
with the President of the Security Council and using
such instrumentalities as he may choose, including a
representative or a mission, to report to the Council as
appropriate and in any event within sixty days on the
implementation of the present resolution.
Adopted at the 1582nd meeting
by 14 votes to none, with
1 abstention ( Syrian Arab
Republic).
TIIE SITUATION IN NAMIBIA35
Decisions
At its 1583rd meeting, on 27 September 1971, the
Council decided to invite His Excellency Moktar Ould
Daddah, President of the Islamic Republic of Mauritania
and Chairman of the eighth session of the Assembly
of Heads of State and Government of the Organization
of African Unity,36 to participate, without vote,
in the discussion of the item entitled:
31> Resolutions or decisions on this question were also adopted
by the Council in 1968, 1969 and 1970.
86 Held at Addis Ababa, from 21 to 23 June 1971.
6
"The situation in Namibia:
" (a) Letter dated 17 September 1971 addressed
to the President of the Security Council
from the representatives of Algeria, Botswana,
Burundi, Cameroon, the Central African
Republic, Chad, the Congo (Democratic
Republic of), Egypt, Equatorial Guinea,
Ethiopia, Gabon, Ghana, Guinea, Kenya,
Liberia, the Libyan Arab Republic, Madagascar,
Mali, Mauritania, Mauritius, Morocco,
the Niger, Nigeria, the People's ReDistr.
GENERAL
s/10392
19 November 1971
ORIGINAL: ENGLISH
REPORT' OF TKF: SECRETARY-GENERAL UNDER SECURITY COUNCIL :
,, RESOLUTION 298 (1971) OF 25 SEPTEMBER 1971 .
!.i. ,, "',. ,. ,, '
1. This report is submitted in pursuance of Security Council resolution ':
298 (1971) Of 25 September 1971 concerning Jersualem, which requested the :.
Secretary-General ',"in‘consultation with the President of the Security Council,
and using such instrumentalities as he may choose, including a representative or
a mission, 'to report to the Security Council as appropriate and in any event within
60 days on the jmplemenkation of this resolution". I communicated this resolution
to the Government of Israel'by'cable on the'day of its adoption. ." : ,:
2. On 27 September, I met<with the President of the Security Council, >. :..
Ambassador Toru Nakagawa 'of Japan,. and discussed with him the implementation of
Security Council resolution 298 (1971). " i 43 ! ., : ', j ,'
3.:‘%” On 28 Septeihber; ‘I addressed a letteS/SLa the Minister for Foreign Affairs of
Israel, informing him'that,',in accordance with the request addressed to me by
the Security Council,’ it was e intention to nominate, in consultation with the
.
President 'of the Security Council and at an early date;a missionconsisting Of
three members of the Security Council with a view to enabling me to report to the
Security Council on the implementation of resolution 298 (1971) within the timelimit
provided in’ ‘that ‘resolution. ,.. I .,, ‘. ‘1:. ,_ (’ ! d ,, .‘.. 1:’ ” :. ,’ ,, : .
4. On 1 October,: at a meeting 'with the Minister for Foreign Affairs of Israel,
1 indicated to him that I had in mind as members of the mission the representatives
Of &gent&a, Italy' &,nd Sierra Leo'&,
,,I
1 :. .' *‘i ': ,'., ':.. " .,'
5. tiring the first half of October,' after consultation with the President of the
SeC~ity':Council,'~b'ass.ador Guillermo Sevilla-Sacasa of Nicaragua, I approached
the Pekmanent'Representatives * of Argentina, Italy and Sierra Leone and inquired
about the willingness of their respective Governments to serve on the'mission.
, :, ,s !' :. L . ', I.
71-24492 : ; ; i. A,. " / . * .
s/10392
English
Page 2
All three Governments signified to me their willingness to serve on the missioc :'n
the event that circumstances arose in which il would be desirable to establish i'*
6. On 18 October, I addressed another lette? to the Minister for ForeiSn
Affairs of Israel in which, after referring to my letter Of 28 September and tc:
our meeting oh 1 October, I indicated that the representatives of Argentina,
ltaly and Sierra Leone had signified to me the Willingness of their Governments
to serve on such a mission in the event that circumstances arose in which it
would be desirable to establish it. ' This letter was handed by me t0 the PerTMEn*;
RepreS&!n’btiVe of Israel on the same day. On this occasion, the permanent
Representative indicated that Israel would be forwarding its comments on the
Security Council resolution in due course and I reminded him that, under this
resolution, '1 had a sixty-day time-limit for reporting and was bound to report
within that period. :, ,' . "I. : i. :a i ', I'
7. On 19 October, and again on 27 October, I met with the President Of the
Security Council and the Permanent Representatives Of~Argentina, Italy and
Sierra Leone to discuss my reporting responsibilities under Security cc)UnCil
resolution 298 (1971). 1 :'b ,j,, ,. ,,.I '. , .) ., ,, ,.,",; 7-i.;
8. Following the meeting'of 27 October, the ,cP resident of the $ecurity c?mcil
saw the Permanent Representative of Israel-and discussed this matter ,.w. ith him.
9. on 28 October, having received no reply from the Government of Israel,
1 addressed a letter to the Permanent Representative of Israel, ,&awing his
attention to the fact that a month had Passed since the adoption of ., Security
C"~Cil resolution 298 (1971) which, among other things, r"e. quest,e,d. me to :
report to the Security Council "as appropriate and in any event with+ 60,days
on the implementation of this resolution",,, .I added t-hat in view of .,Ic hat ., . . (
stiPulation by the Security Council, I would be grateful to receive the comments
Of the Government of Israel as soon as'possible. I also stated that ,I had, as !".
a matter Of course, been in consultation both with the representatives of
Argentina~~ltaly and Sierra Leone who had.signified their ,,w. illingn.e,s s ., to i serve
On the mission ana~ as requ.i red by'the resolution, with the president of the
SecuritY Council'regarding this matter,
). ,. ". ',
10.
._ ., ':,
Subsequent1y' I received a note dated.2 November 1971 from the permanent
Representative Of Israel stating that the comments of the Government of Israel
Were under preparation and would be conveyed to me as soon as possible‘.
/ l . .
s/10392
English
Page 3
Il. On 11 November, the Under-Secretaries-General for Political and Security
Council Affairs and for Special Political Affairs, on my behalf, met with the
:
President of the Security Council and the Permanent Representatives of Argentina,
Italy and Sierra Leone to discuss again the implementation of the Security
., _:...
Council's resolution. In an oral message conveyed% the Permanent Representative
of Israel on 11 November, the President of the.Sec&ty Council,
', I ,,: .,‘ -'
Ambassador Eugeniusz Kulaga of Poland, '
and myself.eipressed our concern over the
,,
absence of a reply from the Government of Isiael'regarding'the~implementation of
operative paragraph 5 of Security Council 'resolution &8 (1971). t', L '-"
12.
., ,:, " _)
On 15 November, the Permanent Representative‘of I&ael.'transr&tted to me a
. .
letter of the same date from the Minister for Foreign Affairs of Israel. In '"
-,' ../. :..,; ;. yl .,
his letter, the Minister for Foreign Affair: of'Israe1 referred'to my cable of IL.
",: ... ". /
25 September 1971, transmitting the text'of resolut'i'on 298 (1971) 'adopted by
_, 1',
the Security Council,
,,, ~.;
and 'gave' his Government "s "~i~~s".,'cbncerriing operative ,.
paragraph 4 of the resolution which calls"&&i 'Isr~el'"t'6 'kes'dind'all previous
, r:. ;, y :y>.*;~ 1!,.
measures and actions and take no further steps'ii"the ockpied section'bf Jerusalem
?'1 ,*. / ,.,,,?,.._'.':"
which may purport to change the status'of <he'CitG; 'or'whidh'kould‘ prejudice the
_' ! . : \ f '1 ;., '1" . I .'
rights of the inhabitants and the interests of the'int~~rr;~~idnal"cornmunity, or a
jnst and lasting peace". However, the letter&d not touch upon the question Of
the Government of Israel's response to my proposal for a mission to Jerusalem in
order to enable me to discharge my mandate under paragraph 5 of resolution
298 (wl).
13. On 16 November, in a letter addressed to the Permanent Representative of
Israel, I acknowledged receipt of the letter of 15 November from the Government
of Israel and noted that the reply of the Israeli Government did not refer to
paragraph 5 of the Security Council resolution in which the possibility of a
mission was mentioned. Nor did it refer to my letter of 28 September and
,'.
subsequent letters to the Minister for Foreign Affairs of Israel, regarding the
mission proposed by me, in consultation with the President of the Council. I
stated that' in the absence of a response by the Government of Israel on this matter,
and in view of the fact that the time limit for my report was to expire on
24 November 1971, I had no alternative but to submit my report to the Security
Council without taking any further action to activate the mission of the three
members of the Council mentioned in my earlier letters.
/ . . .
S/10392
English
Page 4
14 * It will be recalled that since the termination of the mission of my
Personal Representative in Jerusalem, Ambassador Ernest0 A. ThaJmann, in
September 1967, 1 have had no means of obtaining first-hand information whit'!: I:
required to fulfil the reporting responsibilities conferred upon me bY SecuritY
Council resolution 298 (1971). After qareful consideration of this resolutioR,
the President of the Security Council and myself concluded that the best WW of
fulfilling my reporting responsibilities under the resolution was through a
Kission of three members of the Security Council. It is obvious that the
co-OperatiOn of the Israel Government is requir$d ‘2 for such a mission %O finctiOL
usefully. : .,.
15. As Will be seen from the above account '. o./f i correspondence exchange with the
Covernment of Israel, the texts of which are annexed to this report, there has
.,
been no indication on the part of the Government ,h Isiael of its willingness to
.;: I
.’ 1; ,.
comPly with Security Council resolution"2gG (I$). ._ ,i,,~,
16, In the light of the failure of the Gov&&it & Israel to abide by the
decision of the Security Council, 1 have 'nit beei able ti'fmfil my mandate under
_,. /. i . . "_
Security Counci1 resolution 298 (1971).. ,: l;;. ,_ ,i:, ;_ : ,,
!*,I
c
‘.JE-T.. ‘,_,: ,91.:; , ,* *’ ..
‘. /’ ‘, .,.,_ ,./q .’ s : ’
:: ,,o,
I., ,. ,. ‘-( .‘! ’ .i ,,I
,i I’.. :,i:,,_’ -i
,6.;/.”* -! 1. .i ‘p’ /,’
(, : “I ,,/,,. .,b ’ ! /
.; : .!:.. ‘.‘.
‘.,’, .,a. , i‘_ ; j, , ,
:,f.,~‘.,,,; i-’ , ‘.
*~ ‘..+ _, ,._“.
S/10392
English
Annex
Page 1
ANNEX,
'Exchanke of letters between the Secretary-General
and the Government of Isr,ael
1. Letter dated 28 September 1971 from the Secretary-General
to the Minister for Foreign Affairs of Israel
As Your Excellency will recall, operative paragraph 5 of Security Council
resolution 298 (1971) adopted by the Security Council at its 1582nd meeting on
'- '_
25 September 1971 requests the Secretary-General, in consultation with the I'
President of the Security Council and using such instrumentalities as he may
choose, including a representative or a mission, to report to the Security Council
as appropriate and in any event within 60 days on the implementation of this
resolution. _I
I wish to inform Your Excellency that, in accordance with
addressed to me by the Security Council, it is my intention to
consultation , with the President of the Security Council and at
the request
nominate in
an early date a
mission consisting of three members of the Security Council with a view to enabling
me to retort to the Security Council on the implementation of resolution 298 (1971j
,
within the time-limit provided in that resoI&ion.
71-24492/l / . . .
s/10:, 92
English
Annex
Page 2
2. Letter dated 18 October 1971 from the Secretary-General
to the Minister for Foreign Affairs of Israel
I hate the honour to refer to my letter of 28 September 1971 concernintJ
,c~ .33?.t;r Council resolution 298 (1971). In that letter I informed Your Zxcelle~~'
that it was my intention to nominate,I in consultation with the President of tk
SeCLiri ty Council, a miSSiOi consisting of three members of the Council wir;h a *:i6~'
tc enabling me to report to the Council on the implementation of the above-mentic::
resolution,
In our meeting on 1 October I indicated to Your Excellency that I had in
mind as members of this mission the representatives of Argentina, Italy and
Sierra Leone. These members have now signified to me their willingness to ser7Je
on such s mission in the event that circumstances arise in which it would be
desirable to establish it,
S/l03 92
English
Annex
Paw 3
3. Letter dated 28 October 1971 from the Secretary-General to the
Permanent Representative of Israel to the United Nations
. 8 . , , .:'' ,I ., -)>
I have the honour to refer to my 'cable of SS-September and to my letters
2 )I. q,:, ,, '. ,
of 28 September and 18 October 1971 to His Exceliency the Minister for Foreign
Affairs of Israel, Mr. Abba Eban, concern&-$"&k$~t~ '&uncil resolution 298 (lg7L).
Your Excellency will recall that,'.in'&r meeting'!on 1 October, the Minister
:... : 1 .'
for Foreign Affairs undertook to transmit 't&.'me"his detailed' co&ents on this
matter. More than one month has now passed since the passage by the Security
Council of the above-mentioned resolution, which, among other things, requests me
to report to the Security Council "as appropriate and in any event within 60 days
on the implementation of this resolution". In view of this stipulation by the
Security Council, I would be grateful to receive the comments of the Government of
Israel as soon as possible.
Your Excellency will aLso recall that in my letter of 18 October I informed
the Minister for Foreign Affairs of Israel of the willingness of the representatives
of Argentina, Italy and Sierra Leone to serve'on a mission to assist me in my
reporting duties under the Security Council resolution. ,I have, as a matter of
course, been in consultation both with the three representatives concerned and, as
required by the resolution, with the President o'$ the Security Council. The
present letter is sent with their full knowledge and agreement.
,'
/ l . .
s/10392
English
Annex
Page 4
4. Letter dated 2 November 1971 from’ ihe “Perman&& “depresentative
of-Israel to the United Nations to the Secretary-General
1 ’ 1
I have the honour to acknowledge receipt of your letter of 28 October 1971,
_'. .
the contents of which I have transmitted to the Minister for Foreign Affairs.
./ 1
I am instructed to inform you that the comments of the Government of Israel
. ,:jl * i ,, .
are under preparation and will be conveyed ‘to you ,,as soon as possible.
., ./ _... .: is :.
.‘“, ,:,’ i’ ;’ ‘,‘Y
), ,‘.I,, : ‘.
‘;! ,’ .;‘,..,, ,li ?; t; : : ‘“ I’1_..
.I .: ,:. ‘/_:. ,., 1
: I : ,< .‘.c ,p,. ! _j i.. (: .‘~, .. ,”
.
s/10392
English
Annex
Page 5
5. Letter dated 15 November 1971 from the
Minister for Foreign Affairs of Israel
to the Secretary-General
I have the honour to reply to your telegram of 26 September 1971, transmitting
the text of resolution 298 (1971) adopted by the Security Council at its
1582nd meeting on the previous day. The central operative paragraph of the
resolution calls upon Israel *'to rescind all previous measures and actions and to
take no further steps in the occupied section of Jerusalem which may purport to
change the status of the city, or which would prejudice the rights of the
inhabitants and the interests of the international community, or a just and lasting
peace". I propose to analyse the main provisions of this paragraph in order to
place the situation in Jerusalem in its true light.
1. The status of the city
If the "status of the city" referred to in the resolution means the situation existing hefore 5 June 1967, the renewal of that "status" would involve the restoration of a military demarcation line and other barriers cutting through the
centre of the city, the cancellation of free access to their holy places for Jews
and Israeli Moslems, which has prevailed on_lyA since June 1967, and the re-imposition
of a ban on residence or visit by anyone of Jewish faith in the Old City. Moreover,
in order to restore the previous status Israel would have to demolish the synagogues
and other sites destroyed by the Jordan authorities and restored since then, and to
close the cultural, humanitarian and educational institutions on Mount Scopus which
have been reopened since June 1967. Thus the restoration of the previous status
would involve rescinding the unity, peace and sanctity of Jerusalem today in order,
to restore the divisions, conflict and sacrilege which made the period 1948-1967
one of the darkest ages in Jerusal&ls long history.
It is inconceivable that the majority of Security Council members could wish to
restore that situation. Some of them have indicated that they do not.
The position of Jordan in a part ,o. f Jerusalem for I.9 years resulted from an
aggressive invasion carriedout against the injunct,i,o ns of the Security COUnCil in
the first half of 1948. That position was never recognized by the world CommunitY.
-Thus it is not the case that an internationally accepted or valid status for
Jerusalem has been set aside by anything done in the city since 1.967.
I . . .
S/10392
English
Annex
Page 6
If one dismisses as inherently untenable the proposition that the Security
Council wishes to tear Jerusalem apart again, one is left with the assumption t::zr
the concern expressed by the Council is for the effective status of the ethnic a::':
religious ccmmunities. It has been asserted in scme quarters that Israel is
undertaking or planning action with the aim of annulling the present heterogei;ei:L::
character of the Population. I can give assurance that this is not the case.
Since 1967 the flight of Christian Arabs from Jerusalem under Jordanian occupatiir.
has been stemmed, The figures in 1967 were 10,800. Today they are 11,500. At t??
same time the Moslem population has grown from 54,963 in 1967 to 61,600 at the
end of 1970, while the Jews, who numbered 195,700 in 1967 are now 2l5,ZCO. There IS
I I nothing to indicate that these relative proportions are likely to be substantiail;
changed in the coming years, and in absolute terms the Christian and Moslem
populations are likely to increase and not to dwindle. Israel's view is that
development by the city's services and amenities should be undertaken for all it;
,,
communities, and not for one community alone.
I
2. The rights of the inhabitants :
,
Jerusalem‘has a Populition of 300,000, about three-fourths of'whom are Jews;
/) .,
61,600 are Moslems and 11,500 are Christians/ For the past 2Co years Jews
have been the largest community.
,,
The 'Irights'of the inhabitants", whether Jelrs,
Arabs or Moslems, include the sight'to'administer their own city, to develop it,
and to repair the havoc of wax. Jerusalem has the right'to normal existence. As i
living City its life and institutions must be allowed to grow in the interests Of
,.
all its inhabitants, and it cannot be artifically frozen at the Point which it had
reached over four years &go.
.I
Since 1967, 'all Jerusalem's citizens have ha< ti:ei.r due voice in the
administration of the city, i In the last muni&;:?.l election under the Jordanian ,'. .' .
occupation in 1963 there were only 5,000 eligible v:ters in a total Arab pOpUhticra
of some 60,60~. Only males over 21, property owners and rate-payers could vote. L
Political p&ties II were Permitted. Irrespective of the results of the voting the
Mayor Was appointe: d .,b,Y the'LJo$nian' Government in Amman. On the other hand, in ti;t '
"1969 election for the municipal council, universal suffrage for those.over 1.8 Years
.
or age was introduced in the sector formerly under Jordanian occupation. The nun:i?el'
:
.
/ ..I
Annex
Page 7
of Arab citizens who actually cast their vote for the administration of the united
city in that election was greater than the total of those eligible to vote in 1963
during the Jordanian occupati,on.
All the citizens of Jerusalem, both in the western and eastern Farts of the
city, have the right to normal municipal services. All the city’s inhabitants no~~
receive such services 9 which were non-existent or inadequate during the 19 years of
illegal Jordanian military occupation. ”
,/ I
Since 1967 compulsory education laws have been strictly applied. A system of
kindergartens, which did not exist under the Jordanian ‘conquest, has been extended
to the eastern part of the city. Vocational training has been expanded, including
/
the opening of a night school for working boys. ‘; The. / network of free medical services
for school children, new mothers and babies has spread to this section of Jerusalem.
,:. 1:
h a special progrome carried out in 1967, all children- in east Jerusalelzl were given
thcrough medical check-ups, including, skin,’ tubercuiosis ‘and eye tests, as we13 as
vaccinations against diphtheria and tetanus and second shots against smallpox.
Trachoma and malnutrition have now all but been ,eliminated. A new 300-bed hos@tal
,,: ,,. I, _:I :‘,
on Mount Scopus, to serve the northern and &stern ‘parts of the city, will soon be
! /
opened,
: : !, r,.y, ;t ..‘, : :1 ;, i ‘,, ,
‘.‘,. I’:( “/ (, !“.,J.: _.,I/ 1:-( 1
The eastern section has been connected to, the Jerusalem water-mains, providing
;~A * / /,xh ..,, ? ., j
round-the-clock water supply for the first time in his.& y.‘ A central sewage system
has been introduced.
,. ,i y
The municipality of Jerusaiem”das ‘.hrovided playgrounds, parks,
,..( , ,‘:
libraries ‘and youth clubs where there were none before i ’ ’ An ‘Arabic language theatre
has begun performances.
I, .,I ,,,,:
A developed social welfare*s$st&‘has been applied for the
first time to this part of the city. The citiz~ns”li;~~g’i~~’ eastern Jerusalem have
the services of a Government Labour Exchange’; 40~‘pe~“cent”of the section’s workers
have joined’ and are protected by the Israel-Labour Fed&at?on. There is no
unemployment in Jerusalem.
8: :.,..,p:,,, .X
Low-cost public housing- and ‘generous mortgage
‘,,,
opportunities are being provided by the municipaiit$to’&rab“ residents.
Nothing, therefore,
,I ‘i
could be more inaccurate ‘than Ko ‘a$sert that the rights of
the inhabitants of Jerusalem have been adverse13i”‘affect~di ‘by’anything done or planned
by Israel. Their rights to peaceful life ‘a& develo-&ent~“a&to a voice in
‘:
Jerusalem’ s affairs, have been fully respected “and “indeed advariced only since
#June 1967.
/ . . .
S/10392
English
Annex
Page 8
: !
3. The interests of the international community ’
For 22 years Jerusalem has been Israel’s capital and seat of Government. It
i; t.t.12 unique s_cizituaL centre of Judaism, as of no other faith. At the same tir2
the Government has always been conscious of the fact that the city is of deep
concern to other faiths. Its religious and historical sites are precious to
/
Christians and Moslems, as well as to Jews. This ‘concern ; was expressed by the
Prime Iv!inister of Israel on 27 June 1967 :
“All the holy places in Jerusalem are now open to all who wish to pray
in them and to the faithful of all religions without discrimination. It is
our intention to place the internal administration and arrangements for the
holy places in the hands of the religious leaders of the communities to
:;lhich these places belong.”
.~. ._1. f(.> i,.:.. i "i '_ 7'1
The protection of the holy places is ensured by ‘law. The Protection of
Holy Places Law, 5727-1967, states in its first, paragraph;, _’
“The holy places shall be protected from tie&ration and any other
violation and from anything likely to violate.:the .freedom of access of the
members of the different religions to the places .sacred to them or their
feelings with regard to those places,”
I I ;I J ,:.’! ,, : !/
No such law protected the holy places ‘yd&ng the’ Jordanian occupation. The
i I : 1., : ;I ,i’ .‘,;a ,, .
intentions expressed by the Prime Minister, as well-as the dispositions of the lax,
.I. _I / (:I,:‘. :: ,.
are now part of the new reality in Jerusalem. The dd;ecration of historic
synagogues in the Old, City and of the ancient cemeteryOon~the Mount of Olives, wlzi ch
‘, j : , -:,:I .!!, :‘, ,,
was carried out by the Jordanian authorities, and the denial of free acceSS StoPPad*
‘ ! .i .! j.4,’ 0. .’
The churches, mosques, synagogues and other shrines are administered by each
‘! ,.>. ,i 1 :;L ,, ;.
religious community. In Jerusalem today eve_r,y one vi,s I.f:r:e&; e/ .. . . t o visit and pray at the
holy places of the three great faiths. Pilgrims and visitors to the city, .,( -_ ., .,
Government leaders, church dignitaries, parliament&.anS, journalists, men of
” ! ,’
letters, tourists in their thousands have testified that Jerusalem and the holy
!.%.‘.J ”
places are secure and open to all. In developing the living city of Jerusalem We
-il ‘Y .,.
are and shall be constantly mindful of its historical treasures and spiritual
heritage and care, is and till be taken to preserve them per the inhabitants
.’ ,. . /!
and far the world.
/
. .I
!
. .
s/10392
English
Annex
Page 9
The policy of Israel concerning universal spiritual interests in Jerusalem
is as follows:
The measures taken to secure the protection of the holy places are only a part
of Israel’s effort to ensure respect for universal interests in Jerusalen. It is
evident from TJnited Nations discussions and documents that the internaticnal
interest in Jerusalem has always been understood to derive from the presence of the
holy places. Israel does not doubt her own will and capacity to secure the respect
of universal spiritual interests. It has forthwith ensured that the holy places of
Judaism, Christianity and Islam be administered under the responsibility of the
,.
religions which hold them sacred,
In addition, " In a spirj t of concern for historic and spiritual traditions my
Government has taken steps with a view to reaching arrangements to assure the
universal char&tey 'of the holy places. In pursuance of this objective the
Government of Israel has now embarked on a constructive and detailed dialogue with
universal religio<u s interests. I, .,
If these explorations are fruitful as we hope, the
. universal character of the holy places will for the first time in recent decades
: / ',
find comprehensive expression.
I ,'
As I ,i.n for,m. ed you on 10 July 1967, Israel does not wish to exercise unilateral
jurisdiction or exclu'sive responsibility iz"the holy places of Christianity and
_., .,
Islam, and is willing in consultation with the religious interests traditionally
concerned to give due expression to. , that principle.
The changes which have affected Jerusalem's life and destiny as a result of
,,,
the measures recently bdopted may, therefore, be summarized as follows:
" ;
Where there was ti hostile separation there is now intermingling and constructive
I
civio' union. ’ Where'there was a constant threat of violence there is now peace.
Where there ias once an assertion of ex&sive and unilateral control over the holy
Places exercised in $a&ilegious discrimination - there is a willingness to work
'out arrangements with"tde world's religious bodies , Christian, Muslim and Jewish,
which will .ensure the 'universal religious character of the holy places,
This is the first tim.e that a Government in Jerusalem offers special expression
for universal interests in Jerusalem instead of asserting its exclusive jurisdiction
over all of them. The apprehension expressed in the resolution lest interests of
the international community, or the principles of peaceful coexistence have been
adversely affected is thus without any foundation whatever.
I 0..
s/10392
English
Annex
Page 10
4. A just and lasting peace
The previous division of the city did not bring the Middle East closer ts
peace. 3n the contrary that division was an open wound constantly exacerbated ky
outbursts of hostility and by recurrent Jordanian TColation of the fragile
armistice which caused the murder of Jerusalem citizens and made life in the city
:
a frequent terror for many residents on both sides of barbed wire.
Today, for the first time since 1948, Jerusalem is a city in sqhich Jews and
Arabs live together in peace and mingle in their thousands in the daily pursuits
of their lives. Jerusalem has become an example of communal civic and regional
existence and is thus an augury of just and lasting peace to which enlightened met?
., '",
aspire.
Jerusalem is for Israel the focal paint of Jewish history,
..,,
the symbol Of
ancient glory, of longing, of prayer,
universal insuiration.
of modern renewal. It is also a source of
+.
Israel's policy' is te promote the rights of Jerusalem’s ‘inhabitants to advance
‘1, “. .,
the interests of the international .community and thus’ to contribute to the promotion
:
of a just and lasting peace. The sharp discrepancy between ‘the Jerusalem’ reality
.* ‘.
and the resolution presented by Jordac.and ado&ted by the
_,
Security Coun’cil has
:
profoundly shocked’ the people ‘of Jerusalem.
‘- :
This sentiment was. expressed in the
Prime Minister’s statement of 26 October 1971 which remains’ valid..” ,. .,:
1. A: t the same time I can give assurance that nothing has been ‘d’dne or will be I.
d&e t,o violate the rights . of the inhabitants, ,!.. II the interests of. international.
h .,.‘ ,, ,‘..i ‘..
cormnuni ty or the,, principles of peaceful ccexistence. There are many difficulties
1'
in JeruSaiem as ‘elsewhere arising from regional tensions and hostilities .as well
,’ 4 ‘, ,:.I, ,, : :
as from economic and social factors.
‘; -’
). ., But in general men of peace and gocdwill
will have reason to be gratified by the peace, serenity,
:! ,u nion. ’ and spiritual harmony
which h&been strengthened in Jerusalem since the barbed wire fence went down and
,: -‘,I .- .,
the Jews and Arabs of Jerusalem came together in a common ‘devotion to their city.
,.‘.” “/. ~, -,z
:
/ . . .
s/10392
English
Annex
Page 11
6. Letter dated 16 November 1971 from the Secretary-General
to-the Permanent Representative of Israel to the TJnited
-N- ations
I have the honour to acknowledge receipt of your letter of 15 November 1971
in which you transmit to me the reply of the Government of Israel to my telegram
of 26 September 1971 concerning Security Council resolution 298 (1971) on Jerusalem,
The reply of the Government of Israel will be included in the report on this matter
which I am required by the above-mentioned resolution to make to the Security
Council.
I note that the reply of the Israel Government does not refer to paragraph 5
of the Security Council resolution in which the possibility of a mission is
mentioned. Nor does it refer to my letter of 28 September 1971 and subsequent
letters to the Minister for Foreign Affairs of Israel'which include, among other
things, the announcement of my intention to nominate, in consultation with the
President of the Security Council, a mission consisting of three members of the
Security Council with a view to enabling me to report under the terms of
resolution 298 (1971).
In the absence of a response by the Government of Israel on this matter, and
AN*
in view of the fact that the time limit for--my report will expire on
24 November 1971, I have no alternative butto submit my report to the Security
Council without taking any further action to activate the mission of three members
of the Security Council mentioned in my letters referred to above.
-m--w
the Inter-Governmental Maritime Consultative Organization,
to assist Zambia in the fields identified in the
report of the Special Mission and the annexes thereto;
5. Requests the Secretary-General in collaooration
with the appropriate organizations of the United Nations
system, to organize with immediate effect all forms
of financial, technical and material assistance to Zambia
to enable it to carry out its policy of economk
independence from the racist regime of Southern
Rhodesia.
6. Requests the Economic and Social Council to
consider periodically the question of economic assistance
to Zambia as envisaged in the present resolution.
Adopted unanimously at the
1694th mreting
THE SITUATION IN THE MIDDLE EAST18
Decisions
At its 1705th meeting, on 12 April 1973, the Council
decided to invite the representatives of Lebanon,
Israel, Egypt and Saudi Arabia to participate, without
vote, in the discussion of the item entitled: "The situation
in the Middle East: Letter dated 12 April 1973
from the Permanent Representative of Lebanon to the
United Nations addressed to the P,resident of the Security
Council (S/10913)".rn
At its 1706th meeting, on 13 April 1973, the Council
decided to invite the representatives of Algeria and
the Syrian Arab Republic to participate, without vote,
in the discussion of the question.
At its 1708th meeting, on 17 April 1973., the Council
decided to invite the representative of Tunisia to
participate, without vote, in the discussion of the
question.
At its 1710th meeting, on 20 April 1973, the Council
decided to invite the representative of Jordan to
participate, without vote, in the discussion of the
question.
Resolution 331 (1973)
of 20 April 1973
The Security Council,
Having heard the statement of the Foreign Minister
of the Arab Republic of Egypt,20
1s Resolutions or decisions on this question were also adopted
by the Council in 1967, 1968, 1969, 1970, 1971 and 1972.
19 See Official Records 0/ the Security Council, Twentyeighth
Year, Sufilplement for April, May and June, 1973.
20 Ibid., Twenty-eighth Year, 1710th meeting.
8
I. Requests the Secretary-General to submit to the
Security Council as early as possible a comprehensive
report giving full account of the efforts undertaken by
the United Nations pertaining to th,• situation in the
Middle East since June 1967;
2. Decides to meet, following the submission of the
Secretary-General's report, to examine the situation in
the Middle East;
.t Requests the Secretary-General to ,invite Mr. Gunnar
Jarring, the Special Representative of the SecretaryGcneral,
to be available during the Council's meetings
in order to render assistance to the Council in the
course of its deliberations.
Adopted at the 1710th meeting21
Resolution 332 ( 1973)
of 21 April 1973
The Security Council,
Having considered the agenda contained in document
S/ Agenda/ t 705,
Having noted the contents of the letter of the Permanent
Representative of Lebanon to the United Nations
(S/10913)
Having heard the statements of the representatives
of Lebanon and Israel, 22
Grieved at the tragic loss of civilian life,
Gravely concrrned at the deteriorating situation resultiny
from the violation of Security Council resolulit1w
·,
neeply deploring all recent acts of violence resulting
in the loss of life of innocent individuals and the
endangering of international civil aviation,
~1 In the absence of objections, the President declared the
draft resolution adopted unanimously.
2~ See Official Records of the Security Council, Twenty<'
igh th Year, 1705th meeting.
Distr.
GENERAL
S/10929
18 May 1973
ORIGINAL: ENGLTSH
REPORT OF THE SECRETARY-GENERAL UNDER SECURITY COUNCIL
RESOLUTION 331 (1973) OF 20 APRIL 1973
INTRODUCTION . . . . . . . . . .
I. UNITED NATIONS EFFORTS TO
THE MIDDLE EAST SITUATION
CONTENTS
. . . . . . . :. . . .,. . . . .
DEAL WITH PARTICUI;AR ASPECTS OF
. . . . . . . . . . . . . . . . .
A. Status of the cease-fire . . , . . . . . , . . . . . .
B. Situation in the occupied territories . , . , . . *..
C. Question of Jerusalem . . . . . . . . . . . . . . . .
D. Palestine refugee problem . . . . . . . . . . . , . .
II. THE SEARCH FOR A SETTLEMENT . . . . . . . . . . . . . . . .
Adoption of Security Council resolution 242 (1967) . . . .
Activities of the Special Representative from
December 1967 to May 1968 . . . . . . . . . s . . . . . .
Activities of the Special Representative from
May 1968 to June 1970 . . . . . . . . . . . . . . . . . .
Attempt to hold discussions under the Special
Representative's auspices (June-September 1970) . . . . .
General Assembly debate of October-November 1970 . . . . .
Resumption of the discussions . . . . . . . .~. . . . . . .
Discussions under the Special Representativek
auspices (January-March 1971) . . . . . . . . . . . . . .
Further developments (March-November 1971) . . . . . . . .
Discussion at the twenty-sixth.session of the
General Assembly . . . . . . . . . . . . . . : . . . . .
73-10491
Paragraphs
2 - 42
3 - 13
lb- 22'
23 - 34
35 - 4,2
43 - 115
43 - 44
45 - 58
59 - 63
64 - 67
68 - 69
70 - 72
73 - aa
89 - 97
98 - 99
/ . . .
. . . -d
S/l0929
English
Page 2
CONTENTS (continued)
Further attempts to reactivate the Jarring Mission . . . . 100 - 110
Discussibn,at the twenty-seventh session of the
General Assembly , . . . . . . . . . . . . . . . . . . . 111
Situation since the adoption of General Assembly
resolution 2949 (XXVII) . . . . . . . . . . . L . . . . 112 - 113
III. OBSERVATIONS . . . . . . . . . . . . e . . . . . . . 3 . . 114 - 118
ANNEXES
I.
II.
III.
IV.
QUESTIONS SUBMITTED IN MARCH 1969 BY THE SPECIAL REPRESENTATIVE TO THE
GOVERNMENTSC ONCERNEDA ND THEIR REPLIES
AIDE-MEMOIRE PRESENTED TO ISRAEL AND THE UNITED ARAB REPUBLIC BY
AMBASSADORJ ARRING ON 8 FEBRUARY 1971
AIDE-MEMOIRE PRESENTED TO AMBASSADORJ ARRING BY THE UNITED ARAB REPUBLIC
ON 15 FEBRUARY 1971
COMMUNICATION PRESENTED TO AMBASSADORJ ARRING BY ISRAEL ON 26 FEBRUARY 19'71,
I .*.
S/l0929 ,
English
page 3
INTRODUCTION
1. The present report is submitted in pursuance of Security Council ,resolution
331 (1973) of 20 April 1973 in which the Council requested the Secretary-General
to submit to it as early &s possible a comprehensive report giving a full account
of the efforts undertaken by the United Nations pertaining to the situation
I in the Middle East since June 1967. The Security Council also decided to meet
following the submission of the Secretary-General's report to examine the
situation in the Hidrile East and it requested the Secretary-General to ifivite
his Special Representative, Ambassador Gunnar Jarring, to be available during
the Council's meetings in order to render assistance to the Council in the course
of its deliberations.
/ . . .
S/l0929
English
Page 4
I. UNITED NATIONS EFFORTS TO DEAL WITH PARTTCULAR ASPECTS
OF 'THE MIDDLE EAST SITUATION
2. Although the main purpose of this report is to apprise the Security Council
of the efforts undertaken by ,the United Nations since 1967 in the search for
a peaceful settlement of the Middle East problem and in particular of the
activities of the Jarring mission, it may be useful first to recall briefly the
efforts made by the Organization to deal with particular aspects of the situation
in the Middle East.
A. Status of the cease-fire
3. Shortly after the outbreak of the hostilities on 5 June 1.967, the Security
Council adopted two resolutions calling for an immediate cease-fire (r~esolution
233 (1967) of 6 June and remlution 234 (1967) of 7 June 1967). Following the
adoption of those resolutions;, the Governments of Jordan, Israel, the United
Arab Republic l-/ and Syria successively announced their acceptance of the ceasefire.
Fighting stopped on the United Arab Republic and Jordanian fronts by
8 June and on the Syrian front on 10 June. At the cessation of hostilities the
Israeli forces had reached the east bank of the Suez Canal, except for the
Port Fuad area at the northern tip, in the United Arab'Republic; they also
occupied the West Bank in Jordan and the western part of the Golan Heights in
Syria. No fighting took place between the Israeli and Lebanese forces and the
1949 armistice demarcation line between Israel and Lebanon has remained unaltered.
4. In order to make the cease-fire effective between the Israeli and Syrian
forces, the Security Council passed two further resolutions on 9 and 12 June
respectively (resolutions 235 (1.967) and 236 (1967)). On the basis of these
resolutions and after obtaining the agreement of the two parties concerned, the
Secretary-General established a United Nations operation for the observation Of
the cease-fire in the Israel-Syria sector. A similar operation was later set
up in the,Suez Canal sector in pursuance of the consensus approved by the Security
Council on 9-10 July 1967 an15 with the'agreement of both parties concerned. Much
later, at the request of the.Lebanese Government and after the Security Council
consensus of 19 April 1972, ,a third observation operation was set up in the
Israel-Lebanon sector, but o:n the Lebanese side only. There is no machinery for
the observation of the cease-fire in the Israel-Jordan sector. On several
occasions the Secyetary-General has drawn attention to the fact that in the
absence of a decision by the Security Council no such machinery could be
established.
5. The responsibility for the cease-fire observation operations has been
entrusted to the Chief of Staff of the United Nations Truce Supervision
r/ The name of the United Arab Republic was changed to the Arab Republic
of Egypt on 2 September 1971.
/ .a.
l
WlQ929
English
page 5
Organization in Palestine (UNTSO) and the United Nations military observers
assigned to that mission. At the same time, UNTSO has continued to maintain
the machinery for the supervisiqn of the 1949 Gen&Wl. Armistice Agreements, but
as ,Israel no longer recognizes those Agreements, UBTSO has been unable to carry
out those of its functions and &ties relating to them.
6. Where cease-fire observation operations exist, United Nations military
observers are stationed in the cease-fire sectors on both sides in the Suez Canal
and Israel-Syria sectors and on one side only in the Israel-Lebanon Sector. The
United Nations observers do not carry arms and have no enforcement power. Their
main function is to observe the situation in the cease-fire sectors and report
to tpe Security Council, through the Secretary-General, on violations of the
cease-fire that they have observed, such as firing, exchanges of fire, overflights
and forward military movements (see the sup$lemental information reports in the
S/7930/Adds. series). They may also receive complaints from the parties, and,
when the latter so request, they may carry out inquiries on those complaints. It
should be noted that they can only observe developments within the observation
range of the observation posts. Air attacks and raids carried out by armed
forces against targets far behind the forward defended localities cannot be
observed. 'itihen guerrilla activity takes place in a cease-fire sector, United
Nations observers are generally unable to observe or identify the irregular
forces involved.
7. Nevertheless, despite these shortcomings, the reports of the observers have
proved to be useful as an independent and impartial source of information for
the assessmen-t by the Security Council of the situation in the cease-fire sectors.
It may also be pointed out that the presence of United Nations observers in an
area can be helpful in preserving the cease-fire in ways other than reporting.
The'mere fact of their watchful presence,can be something of a deterrent to
military activity, and in dealing with the parties concerned they can use their
influence to defuse dangerous situations. When fighting does break out, they
can quickly intervene on the spot with oppositig.local commanders to arrange
uimsem e~d.ia~t~e~ c,e,c oeoadse~-,f.ioreffsic., es toT h-e-f ~~C~h~ie~f ~~o~f~ -.~S~ta~ff~ ~~o~f~ ~U"~N~T~S..O ~ ,a,nod~ ~t~h~e~ ~o~b~s~e~rv~e~r~s ~~ may",; A,, $t,hLe$ g,,,
-tT<$-fire sectorys" ' .-y.& ,,, ~~~~~~~;", w~~~,,~. ,l~~~.-d~~~~~~~ ,.yrg;~..g~~ ~~~p~l~.~ .~..,, -.,,., ,., ,.,
'"..-~~~tween~the,'~sra~~~'and Syrian forward defended localities in November 1969
arrangements were made, through the good offices and safe conduct of UNTSO, for
the necessary inspection and repairs to be carried out by technical personnel
of the oil company (5/7930/Add.57).
8. Since June 1967, three observers have died in ljne of duty. One observer
was killed near Kuneitra during the hostilities of June 1967 and the other
two in the Suez Canal sector in July 1969 and July 1970, respectively. In
addition, 13 observers were injured in varying degrees while performing their
duties.
9.~ I have been following the situation in the cease-fire sectors very closely
and have endeavoured through the exercise of my good offices and appeals to the
parties to reduce tension and prevent escalation; In .this connexion I should
I . . .
. .
Sf10929
English
Page 6
mention the efforts I made in close co-operation with the President of the Security
Council for the release of the Syrian and Lebanese military and security personnel
abducted by Israeli armed forces from Lebanese territory on 21 July 1972. Those
efforts, initiated in June 1972 in the exerciszof my good offices, were later
specifically endorsed by the Security Council in its resolution 317 of 21 July 1972.
They have not as yet proved successful.
10. When serious incidents break out, the parties themselves generally bring
them to the attention of the Security Council, giving, of course, their own
versions of them. 'In the most serious cases, one or both parties concerned often -
b& not always - request a meeting of the Security Council to consider the
Imtter. A full account of the: consideration of the various incidents by the
Security Council may be found in the Council's own records and need not be repeated
here. However, for reference purposes, a list of the various meetings held by
the Security Council on cease-fire matters since June 1967, the complaints of
the parties brought before it and the decisions it has taken on them is given
below:
(a) 1365-1.366 meetings (8-9 July 1967):
E,i&ct matter: United Arab Republic complaint concerning~Israeli
violations of -the cease-fire in the Suez Canai sector on
8 July 1967 and Israeli complaint concerning United Arab Republic
violations on ,the same day.
Decision: Consensus of the Security Council of 9-10 July 1967
j authorizing the Secretary-General to station United Nations military
observers in the Suez Canal sector with the agreement of Israel
and the IJnited Arab Republic.
(b) 1369-1371 meetings (24...25 October 1967):
eject matter: United Arab Republic complaint concerning Israeli
attacks against the Suez area on 24 October 1967 and Israeli
complaint concerning the sinking of the Israeli destroyer .E- ilat
by United Arab Republic forces on 21 October.
Decision: Resolution 240 (1967) of 25 October 1.967 condemning the
violations of the cease-fire and demanding that the Member States
concerned cease immediately a13 prohibited military activities in
the area and co-operate fully and promptly with UNTSO.
(c) 1401-1407 meetinKs (21-24 March 1968):
Subject matter: Jordanian complaint concerning Israeli attacks against
the East Bank of Jordan ori 21 March 1968 and Israeli complaint
concerning continuous armed attacks against Israel from Jordanian
territory.
/ . . .
S/l0929
English
Page 7
Jllcision: Resolution 248 (:~968) of 24 March 1968 condemning the
military action launched by Israel, deploring all violent icident:;
in violation of the cease-fire and declaring that such actions
of military reprisals and other grave violations of the ceasefire
could not be tolerated and that the Security Council would
have to consider further and more effective steps as envisagzd
in the Charter to ensure against repetition of such acts.
(d) Q,O9-141? meetings (30 March-4 April 1968):
Subject matter: Jordanian complaint concerning renewed Israeli attacks
againstthe East Bank of Jordan on 29 March 1968 and Israeli
complaint concerning Jordanian violations of the cease-fire.
D- ecision: Statement by the President of the Security Council at the
1412th meeting on 4 April 1968 to the effect that the members
of the Council were deeply concerned at the deteriorating situation
in the area and that the Council would keep the situation under
close review.
(e) 1434-1440 meetings (5-16 August 1968):
m.ject mattell: Jordanian complaint concerning Israeli air attacks
against the Jordanian city of Salt on 4 August 1968 and Israeli
complaint concerning continuous violaLions of the cease-fire by
Jordan.
Decision: Resolution 256 (1965) of 16 August 1968 condemning the
f&her military attacks launched by Israel and warning .that if
such attacks were to be repeated the Council would duly take
account of the failure to comply with the resolution.
(f) 1446-145~ meetings (4-18 September 1968):
Subject matter: Israeli complaints concerning an ambush laid by Uncted
Arab Republic soldiers against an Israeli patrol on the east bank
of the Suez Canal on 26 August 1968 and Eirinc by United Arab
Republic forces against Israeli forces on 8 Sentember 1968 and
United Arab Republic complaint concerning Israeli shellihp of
Port Tawfiq, Suez, Ismailia and Kantara on 8 September.
Decisions: (i) Statement by the President of the Security Council
at the 1448th meeting on 8 September 1968 to the effect,that the
Council deeply regretted the loss of life and requested the
parties strictly to observe the cease-fire; i
(ii) Resolution 258 (1960) of 18 September 1968 insisting
that the cease--fire ordered by the Council must be rigorously
respected, reaffirming its resolution 242 (1967), and urging
S/10929
English'
Page 8
all the parties to extend their fullest co-operation to the
Special Representative of the Secretary-General in the speedy
fulfilment of his mandate.
(g) 1456-1457 meetings (1-4 November 1968):
Subject matter: United Arab Republic complaint concerning Israeli
air attacks against civilian targets in upper Egypt and Israeli
complaint concerning recent United Arab Republic attacks against
Israel.
Decision: None.
(h) 1460-1462 meetings (29-31 December 1968):
Subject matter: Lebanese complaint against Israeli air attack against
the Civil International Airport of Beirut on 28 December 1968
and Israeli complaint concerning Lebanese assistance' to irregular
forces operating from Lebanon against Israel.
Decision: Resolution 262 (1968) of 31 December 1968 condemning Israel
for its premeditated military action and issuing a solemn warning
to Israel that if such acts were to be repeated the Council
would have to consider further steps to give effect to its
decisions.
(i) 1466-1473 meetings (27 March-l April 1969):
Subject matter: Jo:rdanian complaint concerning Israeli air attacks
against the area of Salt on 26 March 1969 and Israeli complaint
against Jordanian violations of the cease-fire, including
assistance to terrorist groups operating against Israel from
Jordanian territory and shelling of Israeli villages by Jordanian
forces.
Decision: Resolution 265 (1969) of 1 April 1969 deploring the loss
of civilian life and damage to property, condemning, the recent
premeditated air attacks launched by Israel on Jordanian viilages
and populated areas and warning once again that if such attacks
were to be repeated the Council would have to meet to consider
further moye effective steps as envisaged in the Charter to
ensure against their repetition.
(j) 1498-1502 and 1504 meetings (13-26 August 1969):
Subject matter: Lebanese complaint concerning Israeli air attacks
against &lages in southern Lebanon on 11 August 1969 and Israeli
complaint against intensified armed attacks against Israel from
Lebanese territory.
I . . .
s/10929
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Page 9
Decision: Resolution 270 (1969) of 26 August 1969 condemning the
premeditated air attack by Israel on villages in southern Lebanon,
deploring all violent incidents in violation of the cease-fire
and the extension of the area of fighting and declaring that such
actions of military reprisal and other grave violations of the
cease-fire could not be tolerated and that the Council would
have to consider further and more effective steps as envisaged
in the Charter to ensure against their repetition.
(k) 1537-1542 meetings (12-19 k'kv 1970):
Subject matter: Lebanese complaint concerning Israeli ground and air
attacks against Lebanon on 12 May 1970 and Israeli complaint
concerning continuous armed attacks against Israel from Lebanese
territory.
Decisions: (i) Resolution 279 (1970) of 12 May 1970 demanding the
immediate withdrawal of all Israeli armed forces from Lebanese
territory;
(ii) Resolution 280 (1970) of 19 May 1970 deploring the
failure of Israel to abide by resolutions 262 (1968) and 270 (1969,
condemning Israel for its premeditated military action, declaring
that such armed attacks could no longer be tolerated and
repeating its solemn warning to Israel that if they were ,to be
repeated the Council would consider taking adequate and effective
steps or measures in accordance with the relevant Articles of
the Charter to implement its resolutions.
(1) 1551 meeting (5 September 1970):
SubJect matter: Lebanese complaint concerning Israeli ground and
air attacks against Lebanon on 4-5 September 1970.
Decision: Resolution 285 of 5 September 1970 demanding the complete
and immediate withdrawal of all Israeli armed forces from
Lebanese territory.
(m) 1643-1644 meetings (26-28 February 1972):
Subject matter: Lebanese complaint concerning Israeli ground and
air attacks against Lebanon on 25 February 1972 and Israeli
complaint concerning continuous armed attacks against Israel from
Lebanese territory.
D-- ecision: Resolution 313 (1972) of 28 February 1972 demanding that
Israel immediately desist and refrain from any ground and air
military action against Lebanon and forthwith withdraw its
military forces from Lebanese territory.
/ P..
S/l0929
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Page 10
(n) El650 meetings (2~;~26 June 1972): i
S&.ject matter: Lebanese and Syrian complaints concerning Israeli
ground and,air attacks against Lebanon on 21, 22 and 23 June 1972
and Israeli complaint concerning continuous armed attacks against
Israel from Lebanese territory.
Decision: Resolution 316 (1972) of 26 June 1972 calling upon Israel
styictly to abide by its resolutions and to refrain from all
military acts against Lebanon, condemning, while profoundly
deploring all acts of violence, the repeated attacks of Israeli
forces on Lebanese territory and population, expressing the strong
desire that appropriate steps would lead to the release in the
shortest possible time of all Syrian and Lebanese military and
security personnel abducted by Israeli armed forces on
21 June 1972 from Lebanese territory and declaring that if those
steps did not result in the release of the abducted personnel or
if Israel failed to comply with the present resolution the Council
would reconvene at the earliest to consider further action.
(0) 1651-1653 meeGti -__(: tB-21 July 1972):
SubJect ma.tter: Lebanese and Syrian complaints concerning the refusal
of Israel to re'lease the abducted Lebanese and Syrian military
and security personnel in accordance with Security Council
,resolution 316 (l972) and Israeli request for the mutual release
of all prisoners of war.
Decision: Resolution 317 (1972) of 21 July 1972 reaffirming its
resolution 316 (1972), calling on Israel for the return of the
abducted personnel without delay and requesting the President of the
Security Council and the Secretary-General to make renewed efforts
to secure the implementation of the resolution.
(p) i661-1662 meetings (10 September 1972):
$b.ject matter: Lebanese complaint of Israeli attacks against Lebanon
on 8 September 1972 and Syrian complaint of Israeli attacks against
Syria on the same day.
Decision: None.
(q) 1706-1711 meetings (13-21 April 1973):
SubSect matter: Lebanese complaint concerning Israeli raids in Beirut
and Sidon on 10 April 1973.
Decision: Resolution 332 (1973) of 21 April 1973 expressing deep concern
over and condemning $1 acts of violence which endangered or took
innocent human lives, condemning the repeated military attacks
conducted by Israel against Lebanon and calling upon Israel to
desist forthwith from all military attacks on Lebanon.
/...
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Page 11
11. A review of the major incidents that have disrupted the cease-fire since
June 1967 shows th& guerrilla activity has been involved in many cases and that
this involvement has been a factor both in the maintenance of the cease-fire and in
the debates of the Security Council on the subject. It should be noted that some
serious iucidents were not brought before the Security Council. ,&deed,, the most
serious 'brea+own qf, the cease,fire was never considered ,..,,b, ,y, ,,.th,~ e,, . .,~ C, ounciL.
12. That breakdown concerned the fighting between the Israeli and United Arab
Republic forces from ~early,,1969,,u~~ti,~, .I, L!pgust,,,~,l9.7L~an d was due to the different
positions of the parties,~.~oncerning the ~&&&ntation of the relevant Security
Council resolutions. On'+,'i i:dc., refused...to~~.continue ..to.~&bserve.~.t he cease-fis? ,..&,,i ,c.??_ .,.. ,
it regarded as in effect perpetuating foreign occupation of its sovereign territory,
.while the other side contended that it would observe the cease-fire as long as the
other party was willing to a0 so. When the first exchanges of fire took place in
February 1969 the Secretary-General reported to the Security Council the concern
expressed by the Chief of Staff of UNTSO that continued firing in the Suez Can&
sector ) if not checked, might result in a. more serious breach of the cease-fire.
Soon the fighting escalated and by the end of 1969 had reached a high level of
hostilities. During the whole period of the fighting the Secretary-General reported
in detail all the developments observed by the observers and appealed on several
occasions for an end to 'the hostilities. The fighting c.+me to an end on
7 August 1970 under a proposal initiated by the U&ted States Government. Under
that proposal the Governments of Israel, Jordan' and the United Arab Republic agreed
to designate representatives to discussions to be held under Ambassador Jarring's
auspices and, in order to facilitate the latter's task of promoting agreement as
set forth in Security Council resolution 242 (1967), they undertook strictly to
observe the cease-fire resolutions of the Council as from 7 August 1970 (see also
paragraphs 64-66 below).
13. That tragic episode underlines the fact that in the present circumstances the
maintenance of the cease-fire depends essentially on the willingness of the parties
concerned to abide by it. But this in turn depends on the prospects of achieving
a just and accepted settlement of the Middle East problem, and so long as such a
settlement is not in sight the cease-fire will remain precarious and unstable.
/ . , .
B. Situation in the occupied territories
14. In the aftermath of the June 1967 hostilities, the Security Council on
14 June 1967 adopted resolution~(l~67) in which it called upon the Government
of Israel to ensure the safety: welfare and security,qf the inhabitants of,,-the,
areas where-';iiiIi~~~~"~p~~~~~on-:~,h~~t~ken place and to f.a@itate the ,&&&i%n of
those inhabitants who had fled the areas since the outbreak'of"~~~~~~ies,
recommended to the Governments concerned the scrupulous respect of the humanitarian
principles governing the treatment of prisoners of war and the protection of
civilian persons in time of war Contained in the Geneva Conventions of
12 August 1949 and requested the Secretary-General to follow the effective
implementation of the resolution and to report to the Council. That resolution
was later endorsed by the General Assembly in its resolution 2252 (ES-V) of
4 July 1967.
15. On 6 July 1967, the Secretary-General appointed Mr. Nils-GGran$zssing as his
Special Representative to obtain ,forhim on the spot the information r+efs??%T for
the proper discharge of his responsibilities under those resolutions. The /'
Secretary-General issued a report on the mission on 2 October 1967 (A/6797-S/8158),
,?,which set forth the findings of the,Special Representative concerning the safety,
"welfare and security of the population in the areas under Israeli control, the
e
L situation of displaced persons from those areas and the question of their return,
the treatment of prisoners of war and the question of minorities.
16. In two notes dated 19 April and 31 July 1968 respectively C-~/7085-s/8553 ana
A/7149-S/8699), the Secretary-,General informed the General Ass.embly and the Security
Council of his approaches to the Governments concerned in order to send a new
representative to the area under Security Council resolution 237 (1967) and General
Assembly resolution 2252 (ES-V). The Secretary-General pointed out that concern
about humanitarian questions in the Middle Eastern area was frequently brought to
his attention, but since the termination of the Gussing mission there had been no
United Nations source of first-hand information on those problems. Israel agreed
to the proposed mission but insisted that the Special Representative should look
into the situation of the Jewish cormnunities in the Arab countries in the area.
The United Arab Republic, Jordan and Syria also accepted the Secretary-General's
proposal, but they emphasized that the mandate of the Special Representative should
be within the scope of the two above-mentioned resolutions and Syria made it clear
that that should not include -the "so-called. Jewish minorities in Arab countries".
In view of the difficulties concerning the scope and terms of reference Of the
~proposed mission, the Secretary-General concluded that there was no basis at that
time on which the mission could proceed.
17. On 27 September 1968 the Security Council adopted resolution 259 (1968) in
which it requested the Secretary-General urgently to dispatch a special
representative to the Arab territories under military occupation by Israel following
the hostilities of 5 June 1967 and to report on the implementation of resolution
237 (1967). It also requested the Government of Israel to receive the Special
Representative of the Secretary-General, to co-operate with him and to facilitate
his work and recommended that the Secretary-General be afforded all co-operation
in his efforts in this regard.
S/l0929
English
Paw 13
18. In a report dated 14 October 1968 (s/8851), the Secretary-General informed
the Security Council that he was unable to give effect to the decision of the
Council. Israel had insisted that parallel assurances should be received from the
Governments of the Arab States that had participated iii the war that the Special
Representative would have the access and co-operation indispensable to the
fulfi+ent of his mission concerning: the Jewish minorities in their countries. The
Arab States had reiterated tl&r opposition to including the question of Jewish
minorities in thcmandate of the Special Representative.
19. At its twenty-third session the General Assembly, by its resolution
2443 (XXIII) of 19 December 1968,~ established a special cpmmittee compos,&of
three Member States to investigate Israeli practi&s &fect'i&th~"h&afi rights
of the population of the occupied territories. At the following session the
Assembly adopted resolution 2546 (XXIV) of 11 December 1969, in which, among other
things, it expressed its grave concern at the continuing reports of violation of
human rights in the occupied territories, caLled upon the Government of Israel to
desist forthwith from its reported repressive practices and policies towards the
civilian population in those territories and ,requested the Special Committeti to
take cognizance of the provisions of the Assembly's resolution.
20. The Government of Israel has withheld its 'co-operation from the Special
Committee, whose members are Somalia, Sri Lanka and Yugoslavia, claiming, among
other things, that it had been illegally constituted. Since 1970 the Special
Comittee has submit~~~~~r~~o~~~~~.~~~~~ '*&-~~;~~~'"~&embly (A,808g in 1970)
Ala389 and Add.1 in 1971, A/8828 in 1972). In those reports the Committee set
forth its findings based on information it had been able to obtain from sources
from the occupied territories and recommended, among other things, that an
alternate arrangement be made that would enable a direct and on-the-spot
investigation of allegations,of violation of human rights and that a protecting
Power be designated under .the Geneva Convention re1ative.t.o the Protection of
Civilian Persons in Time of War of 12 August 19b9 for the population of those
territories. The General Assembly considered those reports, at its twenty-fifth,
twenty-sixth and twenty-seventh sessions and each time it has requested the Special
Committee to continue its work and has called upon Israel to co-operate with the
Special Committee and to facilitate its tasks (resolutions 2727 (XXV) of
15 December 1970, 2851 (XXVI) of 20 December 1971 and 3005 (XXVII) of
15 December 1972). In this connexion the Assembly has also called upon Israel to
rescind,forthwith and desist from all policies and practices affecting the human
rights of the population of the occupied territories and reaffirmed that all
measures to settle the occupied territories, including Jerusalem, were null and
void.
21 . The Commission on Human Rights considered matters relating to human rights in
the occupied territories at each of its sessions since the beginning of 1968 and
has adopted six resolutions on the subject (resolutions 6 (XXIV) of
27 February 1968, 6 (XXV) of 4 March 1969, 10 (XXVI) of 23 March 1970, 9 (XXVII)
of 15 March 1971, 3 (XXVIII) of 22 March 1972 and 4 (XXIX) of 14 March 1973). In
particular, the Commission, in its resolution 6 (XXV), entrusted a Special Working
Group of Experts with the mandate to investigate allegations concerning Israel's
/ .,. .
s/1.0929
Owlish
Pa&z 14
violations of the fourth Geneva Convention Andy endorsed the conclusions of the
Special Working Group (see E/CK.4/1016/Add.2) in its resolution 10 (XXVI).
22. The question of t!le return of displaced persons who had fled the occupied
territories has also been d~ealt. with by the General Assembly in conjunction with
the problem of Palestine refugees (see pars.graph 41 below).
/ . . ,
S/10929
EnP;lish
Paae 15
C. 1Q_u--e stion of Jerusalem
23. Following the June 1967 hostilities the question :,f Jerusalem was first
considered by the General Assembly at its fifth ezer;;cncy special session.
its rEsolution,~,~~3 (ES-V) of 4 July 1967 and resolutions (ES-V) of
BY
14 July 1967, the Assembly considered 'that the measures taken by Israel to change
the status of the city were invalid, called upon Israel to rescind all measures
alreztdy taken and to desist forthwith from taking any action which would alter the
st~tun of Jerusalem, and requested the Secretary-General to report to it and to
the Security Council on the situation.
24. In pursuance of General Assembly resolution 2253 (ES-V) the Secretary-General
submitted a report (A/6753-~/8052) on 10 July 1967 based on the information he had
obtained from the Israeli Government. In his message to the Secretary-General
the Israeli Foreign Minister indicated that the measures referred to in the
General Assembly's resolution,-related to the intwxation of Jerusalem in the
administrat.e an--
--
iciral spheres and furnished a legal basis for the protection
'zthe Holy Places in Jerusalem.
25. After the adoption of Assembly resolution 2254 (ES-V), the Secretary-General
appointed Ambassador A. Thalmann of Switzerland as his Personal Representative in
Jerusalem in order to obtain information on the situation in the city. The
Secretary-Generalss report on the activities of the Thalmann mission was submitted
on 12 September 1967 (R/6793-S/8146). The report coxned description,of the
measures taken by the Israeli Government in order to integrate the parts of the
city which had not been under Israeli control before June 1967. In particular, it
referred to-&&w passed on 27 June 1967 providi-n-i-j- ~-p-et hat the law, jurisdiction and
--a dministration of the State should appl$xy area of the State of Israel
desl[:nated by the Government by order-,. - 11
?Gernment on ?%-%i~ declaring; the law,
order issued by the
J'u risdiction ---.~ administration of the
%Gte of Israel to be inl _-.f-o rce .i.n-. _.t heOld I__C ity _an_d-_ .-c ertain surroundinfi area?-
._p,r-e viously u-n der Jordanian control.
26. On 27 April 1968 the' Security Council adopted resolution ,--2 50 (1968) in which
it called upon Israel to refrain from holdini: the military parade in Jerusalem
which was contemplated.for 2 May 1968. When the military parade was held as
scheduled, the Security Council, on 2 May 1968, adopted resolution ,_2_5 1 (1968) in
which the Council "deeply deplores the holdin{; by Israel of the military parade in
Jerusalem on 2 May 1968 in disregard of the unanimous decision adopted by the
Council on 27 April 1968".
27. On 21 May the Security Council adopted resol.ution2~-(196C) in which it
considered that all lep,islative and administrative measures and actions taken by
Israel, including expmriat-io--n of land andyropertiesthereon, which tended to
change the legal status of Jerusalem were invalid and could not mat
,_StatUs. ,It also Urgently called on Israel to _rIe_s_c.i.n d all such meastires already
taken and to -d--e sist forthwith from taking any further action which tended to
change the status of Jerusalem and requested the Secretary-General to report to
the Security Council on the implementation of the resolution. On 11 April 1969
the Secretary-General submitted a report (S/91&9) in pursuance of Security Council
/ . . .
-
5110929,
English
Page 16
resolution 252 (19681, which indicated that the Israeli Government's position in
the matter remained the same. In this and a subsequent report dated 30 June 1969
(S/9149/Add.l) the Secretary-General circulated an unofficial translation of
certain Israeli legislative and regulatory texts published in the Israel Official
Gazette, which are relevant to the situation in Jerusalem.
28. At the request of Jordan ,the. Council met on 30 June 1969 and adopted on
3 July resolution 267 (1969) .
status of the city--
in which itI censured all measures taken to charwe-the
_ .---___. of Jerusalem, confirmed that all legislative and administrative
measures and actions taken by Israel which purnorted to alter the status of
Jerusalem, including, expropriation of land and properties thereon, were invalid
and urgently called once more upon Israel to rescind forthwith all measures taken
by it which might tend to change the status of the city and to refrain from all
actions likely to have such an effect. The Council also requested Israel to
,inform it without any further delay of its intentions with regard to the
implementation of the provisions of the resolution and requested the Secretary-
General to report to it on the matter. 1n pursuance of resolution 267 (1969) the
Secretary-General submitted a resort on 5 December 1969 (S/9537) in which he
transmitted the information he had obtained from the-Israe;i.Government. _Israe.,l~ .--
took the position that it was inconceivable that Jerusalem should be torn apart
, a&ain or that any international interest could be served by pressing for the
dismemberment of the city.
29. On 21 Angust 1969 a fire occurred at the& Aqsa Mosque in the Old City of
Jerusalem and caused extensive dsmage to the building. At the request of the
Arab Governments and others, the Security Council met to discuss the matter. ,In
its resolutiona(l969) of 115 September 1969, the Council recognised that any
act of destruction or profanation of the Holy Places, religious buildings and,
sites in Jerusalem or any encouragement of, or connivance at, any such act night
seriously endanger international peace and security. It determined that the
execrable act of desecration and profanation of the Holy Al Aqsa Mosque
emphasised the immediate necessity of Israel's desisting from acting in violation
of United Nations resolutions and rescinding forthwith all measures and actions
taken by it designed to alter the status of Jerusalem, and it called upon Israel
scrupulously to observe the provisions of the Geneva Conventions and international
law governing military occupation and to refrain from causing any hindrance to
the discharge of the established functions of the Supreme Muslim Council of
Jerusalem, including any co-c#peration that that Council might desire from
countries with predominantly Muslim populations and from Muslim communities in
relation to its plans for the maintenance and repair of the Islamic Holy Places
in Jerusalem. The Council further condemned the failure of Israel to comply with
its resolutions on the question of Jerusalem and called upon it to implement.them
forthwith. It also requested the Secretary-General to follow the implementation of
the resolution and report thereon to the Council.
30. In compliance with this request,.,the'Secretary-General submitted a report
(S/9559) on 16 December 1969 based on information obtained from Israel. The
Israeli Government charged that the genesis of the Council's resolution was the'
attempt of Arab States to exploit the fire in the Al Aqsa Mosque for propaganda
purposes and to excite religious passions throughout the Moslem World. It went
I...
S/10929
English
Paw 17
on to say that the report of the Commission of Enquiry appoint& by the President
of the Israel Supreme Court was published on 23 September 1969 and that the trial
of the person accused Of'arson in connexion with the fire was in progress. In
the meantime the Mosque had been temporarily repaired and prayers were being
conducted as usual.
31. In a report dated 18 February 1971 and subsequent addenda (A/8282-S/10124
. and Add.1 and 2) the Secretary-General brought to the attention of the Security
Council an exchange of correspondents between him and the Permanent Representative
of Israel concerning a master plan for the constructipn oq housing developmen&
in an area within and outside the Old City walls.
32. At the request of Jordan, the S,ecurity Council met again on 16 September 1971
to consider the question of Jerusalem. By its resolution 298 (1971) of
25 September 1971 the Council reaffirmed its resolutionsm1968) and 267 (1.969).
It confirmed that all legislative and administrative actions taken by Israel to
change the status of the city of Jerusalem, including expropriation of land and
properties, transfer of populations and legislation aimed at the incorporation of
the ,occupied section, were totallyrayalid_and could not change that status. The
Council urgently called upon Israel to rescind all previous measures and actions
and to take I-IO further steps in the occupied section of Jerusalem which might .
purport to change the status of the city and requested the Secretary-General, in
consultation with the President of the Council, to report to it within 60 days
on the implementation of the resolution. In his report dated l9 December 1971
(S/10392), the Secretary-General stated that after consultation with the
President of the Security Council, it had been agreed that the best way of
fulfilling his responsibilities under resolution 298 (1971) was through a-,.;ission
of three members of the Security Council. He had in mind as members of the mission
the representatives of Argentina, Italy and Sierra Leone. However, an exchange
of letters with the Government of Israel had'-hed no indication that Israel
was willing to comply with the Council's resolution. Consequently, it was not
possible for the Secretary-General to fulfil his mandate.
On 23 April 1973 the Permanent Representative of Jordan addressed a letter
??'the Secretary-General (A/9059-S/10919) g in which he drew attention to reports
that the Israeli Government intended to hold a large military parade ,in
Jerusalem on 7 May 1973 to celebrate the twenty,-fifth anniversary of the
establishment of Israel and that the parade would extend to the Arab st-2
Jerusalem. In that connexion, the President axe Security Council, after
consulting all members of the Council, drew the attention of the Permanent
Representative of Israel on 27 April 1973 to the provisions of Security Council
resolutions 250 (1968) and 251 (1968) concerning the holding by Israel of a
military parade in Jerusalem on 2 May 1968 (S/10922). In a second letter to the
Secretary-General dated 8 May 1973 (A/9064-$/10924) the Permanent Representative of
Jordan complained that the Israeli Government had held the parade. and he stated
that this action was, "besides being an open defiance of the Security Cow&ii's
most recent and direct pronouncement, a flagrant violation of the spirit and
intent of the Council's unanimously adopted resolutions 250 (1968) of
%7 April 1968 and 251 (1968) of 2 May 1968".
/ . . .
/
s/10929
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Page 18
34. In connexion with the question of Jerusalem a reference should be made to
the status o-f ," .,G.~o vernment Hou~e,~which serves as headquarters of UNTSO. A
controversy on this matter has arisen between the Israeli Government and the
United Nations after the hostilities of June 1967. In exchanges of correspondence
with the Israeli Permanent Representative (S/XQO/Add.27 and 29 and
A/8282-S/10124 and Add.1 and 2) >
_
the Secretary-General has made clear his
position that the United Nations had the right to the exclusive and. undisturbed '
occupancy and possession of the full Government House_compound. as it was
constituted on 5 June 1967. I
I...
S/l0929
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Page 19
D. -P- alestine refugee problem
35. The United Nations Relief and'Works Agency for Palestine Refugees in the
Near East (IJNRWA), established by the General Asswbly in 1949, has continued to
provide assistance to Palestine refugees in the fern of food, shelter and health
* and educational services after the hostilities of June 1967, hut as a result of
those hostilities the Agency has been confronted with nev responsibilities and new
problems.
.e
36. At the beginning of June 1967 there were 1,344,576 Palestine refugees
registered with mTRT:JA. Of these 722,607 were living in Jordan, 144,390 in Syria,
160,723 in Lebanon and 316,776 in the Gaza Strip. As a result of the hostilities
about l-refugees and.&- newly displaced persons fled from the Tdest Bank
and the' Gaza Strip to east Jordan, and about 17,000 refugees and 100,000 Syrians
left the occwied Golan Heights for other parts of Syria. Many of the displaced
persons were in dire need of assistance, and WRIJA provided them with em~ergency
relief, mainly in the form of rations, blanke,ts and, temporary shelters. In occupied
territories UlVR%ThAa s continued to provide assistance to the refugees who remained
there, but adjustments have had to be made to deal with the new situation. While
the Agency's relationship with the Governments in the Arab host, countries has
remained unchanged, its activities have been affected in some areas by the military
and political situation arising from the intensification of the Middle East conflict.
37. In its resolution 2252 (ES-V) adopted on 4 July 1967 during the fifth emergency
special session, the General Assembly cornmended the Commissioner-,General of U?iRWA
for continuing the activities of the Agency in the prevailing situation and endorsed
his efforts to provide temporary emergency assistance to the newly displaced persons.
The Assembly also welcomed Security Council resolution,ml967) of 14 June 1967,
in which the Council, among other things,r$.al.led for the return of those inhabitants
who had fled the areas of military operations since the outbreak of hostilities.
38. Since the fifth emergency special session, the General Assembly has periodically
considered the annual reports of the Conxnissioner-General on the activities of
LJNFGJA(A /6713 , A/7213, ~/7614, A/8013, A/8413 and A/8713 and Corr.1) and has
inva.riably given its support to the Agency whose mandate has been @en&d until-_
2 June 1911 (resolutions 2341 A (XXII) of 19 Decenlber 1967, 2452 B (XXIII) of
19 December 1968, 2535 A (XXIV) of 10 December 1969, 2672 A (XXV) of 8 December 1970,
2792 A (XXVI) of 6 December 1971 and 2963 ,A (XXVII) of 13 December 1372). In this
connexion the General Assembly has ,given special attention to the financial
difficulties of UNRWA and has called for increased voluntary contributions to meet
the needs of the Agency. Mhen the financial situation became critical in 1970, the
Assembly established a working group to study all aspects of the financing of
UNRWA (resolution 2656 (XXV) of 7 December 1970). At the twenty-seventh session the
Assembly endorsed the conclusion of the Working Group that further vigorous and
constant fund-raising activities on behalf of UNRWA were essential and requested it
to continue its efforts, in co-operation with the Secretary-General and the
Commissioner-General, for the financing of the Agency for a further period of one
year (resolution 2964 (XXVII) of 13 December 1972).
f . . .
s/10929
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Page 20
39. When considering the refugee problem, the General Assembly has repeatedly
noted with regret that the repatriation or compensation of the refugees as provided
for by paragraph 11 of its resolution 194 (III) has not been effected, that'no
substantial progress has been made in the programme endorsed by its resolution
513 (VI) for the reintegration of refugees, either by repatriation or resettlement,
and that therefore the situatic'n of the refugees has continued to be a matter of
serious concern. The Assembly has also noted with regret that the United Nations .
Conciliation Commission for Palestine was unable to find a means of achieving
progress in the implementation of paragraph 11 of resolution 194 (III) and has
requested the Commission to exert continued efforts towards this objective. In
its last report to the Assembly, dated 29 September 1972 (A/8830), the Conciliation
Commission indicated that the situation which had prevented all progress towards
implementation of paragraph 11 of resolution 194 (III) remained essentially
unchanged.. The Commission expressed its determination to resume its,endeavours as
soon as it was possible to carry forward its work, while pointing out that its
ability to do so would depend not only on an amelioration of the situation but
also on the~willingness of the parties to co-operate with it.
.p$GJ?q 40. In conjunction with its consideration of the problem of the Palestine refugees
the General Assembly has also {adopted in 1969, 1970, 1971 and 1972 resolutions in
which it recognizes that the p:roblem arose from the denial of the inalienable
rights of the Palestinian refugees under the United Nations Charter and the
Universal Declaration of Human Rights and that the full respect for the inalienable
rights .of the people of Palestine is indispensable for the establishment of a just
and lasting peace in the Middle East (resolutions 2535 B (XXIV), 2672 C (XXV),
2792 D (XXVI) and 2963 E (XXVII)).
4,l. The plight of the displaced persons who have fled frpm the occupied
territories since June 1967 has also received the continued attention of the
General Assembly. The Assembly has repeatedly called upon the Government of
Israel to take effective at&immediate steps for the return without delay of the
displaced persons ta their homes and camps (resoluti& 2252 (ES-V), 2452 A (XXIII),
2672 D (XXV), 2792 E (XXVI) and 2693 D (XXVII)). In his reports to the Assembly on
this subject (A/7665, A/8366 and A/8786) the Secretary-General has transmitted the
information he has received. from the'Government of Israel. According to the latest
information received, which was dated 8 August 1972 (A/8786), more than 40,000
displaced persons have returned to their homes since 1967. The Israeli Government
also indicated that the conditions prevailing in the area did not permit a largescale
return of displaced persons and that the extent and rapidity with which the
return could be facilitated was ine.vitably affected by political and security
conditions. The Commissioner-General in his statement to the Special Political
Committee during the twenty-seventh sessidn of the General Assembly indicated that
among the approximately 40,000 displaced persons who had returned some 3,000 were
LUWWA refugees.
I . . .
S/l0929
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42. Another specific question considered by the General Assembly concerns the
refugees in the.&zaSfsiq, In 1971the Commissioner-General of UNRWA submitted
a special report (A/8383 and Add.1) on operations carried out by the Israeli
military authorities in the Gaza Strip that,had resulted in the demolition of large
s numbers of shelters in refugee camps and the removal of approximately 15,000
refugees Qom those camps. The General Assembly has twice called upon Israel to
-desist froin further destruction of refugee shelters and from further removal of
refugees from their present places of residence and to take immediate and effective
steps for the return of the refugees concerned to the camps from which they were
removed and to provide adequate shelters for their accommodation (resolutions
2792 C (XXVI) and 2963 C (XXVII)). The Assembly has also called upon Israel to
desist from all measures that affect the physical structure and the demographic
composition of the Gaza Strip. On 15 September 1972 the Secretary-General submitted
a report on the subject'(A/8814) to the General Assembly, based on the information
that he had received from the Israeli Government and the Commissioner-General of
UNRWA. The Israeli Government indicated that the measures taken by the Israeli
authorities were necessitated by security considerations and that where shelters had
to be demolished all posscble safeguards were taken to avoid undue hardship to the
inhabitants of the affected shelters. The Commissioner-General of UNRWA reported
that no further demolitions with their attendant removal of refugees had taken '
place since August 1971, although there had been some demolitions of individual )
shelters as a punitive or deterrent measure. The Commissioner-General also /
indicated that according to the Agency's information many refugees affected by the
demolitions were still living in unsatisfactory conditions and that he was pursuing
the matter with the Israeli authorities.
/
I . . .
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II. T!-IE SEARCH FOR A SETTLEMENT
-A-_d-o.-p-t ion o- f S.e.-c-u--r-i-t-y- . Council reso--lu tion 242 (1s)
43. In the discussions in the Security Council and in the General Assembly at its
fifth emergency special session following the hostilities of June 1967, the view
was widely held that not only should the &w&ate effects of those hostilities
be dealt with, but that the tirre had come for a peaceful settlement of all aspects
of the Middle East situation. Several propbsals giving recognition to that view
in one form or another were put forward, b?c none obtained The necessary majority.
44. In November 1967, the Security Council considered several proposals relating
to the establishrlent of a just and lasting peace in the Middle East and on
22 Nove;lber 1967 adopted resolution 242 (1967) I) the text of which reads as follows:
"T-- he Security __ Coun,c-i.l_ --3
"ExDressing its continuin? concerti with the grave situation in the
Middle East,
"B-_n ~hasizin~xthe inadmissibility of the acquisition of territory by War
and the need to work for 5 just and lastin? peace in which every State in the
area can live in security,
'sl%esizinp further that all Memb,er States in their acceptance of the
Charter ofthDnG~%%ons have undertaken a commitment to act in
accordance with Article 2 of the Charter,
'@l. A.-_ff_irm. s that the fulfilment of Charter principles requires the
establishment of a just and lasting peace in the Middle East which should
include the application of both the following principles:
(i) Withdrawal of Israeli armed forces from territories occupied in the
recent conflict.;
(ii) Termination of all claims or states of belligerency and respect
for and acknowledgement of the sovereignty, territorial integrity
and political independence of every State in the area and their
right to live in peace within secure and recosnized boundaries
free from threzsts or acts of force;
's2. Affirms fu-r-t-h e,r the necessity
(a) For guaranteeing freedom of navigation through international
waterways in the area;
(Is) For achieving a just settlement of the refugee problem;
(c) For guaranteeing the territorial inviolability and political
independence of every State in the area, through'measures including the
establish!nent of demilitarized zones;
/ * . .
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:;3. Rea. uests the Secretary-General to designate a Special Representative
to proceed to the Middle East to establish and maintain contacts with the
States concerned in order to promote agreement and assist efforts to achieve
a peaceful and accepted settlement in accordance with the provisions md
principles in this resolution;
;(4. Requests the Secretary-General to report to the Security Council
on the progress of the efforts of the Special Representative as soon as
possible."
As I stated in the Security Council on 20 April 1973 (S/PV.1710, oe,:e 121, the
activities of the Special Representative in ~ursuan.nce of resolution 242 (1967)
have been described in a series of reports by the Secretary-General, notably the
detailed reports of w predecessor dated 4 January 1971 (S/10070) and
30 kvember 1971 (~/8541-5/10403). The information in the, sections covering
activities up to November 1971 has been taken from those reports, for the most
part _v_e.r_b-a tim.
Activities of the Special Representative from Decembeyl967 to kg 1960
45. On 23 November 1967 the Secretary-General reported to the Council (S/8259)
that he had invited Ambassador Gunnar Jarring of Swede11 to accept the designation
as the Special Representative mentioned in paragraph 3 of the Council's abovementioned
resolution. Ambassador Jarring accepted .this designation and arrived
at United,Nations Headquarters on 26 !Jovember, where he entered into consultation
with the representatives of Israel, Jordan, Lebanon and the United Arab Republic
(Syria, the other State concerned, did not at that staf;e or later accept the
Security Council resolution). After those consultations .with the parties,
Psibassador Jarring established the headquarters of the United Nations Middle East
Mission in Cyprus.
46. When the Special Representative first met with the parties in December 1967,
he found that the Israeli Government was of the firm view that a settlement of
the Middle East question could be reached only through direct negotiations
between the parties culminating in a peace treaty and that there could be no
question of withdrawal of their forces prior to such a settlement. In a letter
dated 27 December, the Minister for Foreign Affairs of Israel‘ communicated to
the Special Representativti a proposal tha t Israel and the United Arab Republic
representatives should, as a first step, discuss an agenda for peace. The
Israeli proposals for such an agenda were:
i'l * -P~o_l_iti-c..a l and juridical problems: The replacement of cease-fire
arrangements by peace trestles ai the state of belligerency, endins all
hostile acts and threats and embodying a permanent undertaking of mutual
non-aggression.
"2. Territorial and security problems: The determination of agreed
terri~~~i?Zkdaries a~~c7~~~~~ran,~~msnts. Agreement 011 this
measure would determine the deployment of armed forces after the
cease-fire.
1..
S/10929
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Page 24
“3. Navigation problems: Practical methods should be discussed for
ensuring free navigation for all States including Israeli in the Suez Canal
and the Gulf of Aqaba when the cease-fire is replaced by peace. In the
light of tragie experience, it is evident that international declarations
cannot by themselves solve this problem. Concrete measures and guarantees
are required.
“4. Economic problems: Proposals for terminating boycott practices and
instituting normal economic: relations."
47. The United Arab Republic and Jordan, for their part, insisted that there
could be no question of discussions between the parties until the Israeli forces
had been withdrawn to the positions occupied by them prior to 5 June 1967. Reacting
specifically to the Israeli proposals for discussing an agenda for peace, the
Minister for Foreign Affairs of the United Arab Republic, in an aide-!&moire
presented on 30 December 1.967, stated that the withdrawal of Israel's forces, to
the positions~ held prior to June 1967 was a basic and preliminary step to, a
peaceful settlement in the Middle East.
48. An Israeli proposal for discussions on an agenda for peace with Jordan was
submitted to the Special Representative in a letter dated 7 January 1968. It
followed the same general lines as the proposal for the United Arab Republic but
contained more detailed suggestions for economic co-operation,,as well as the
following new topics:
"Humanitarian problems: In the proposed negotiation, high priority should
begiven to a solution of the refugee problem with international and regional
co-operation.
"Religious and historical sites: Access to sites of special religious
significance should be discussed. The Government of Israel clarified its
views on this subject in !several verbal and written communications to the
United Nations."
It was also stated:
"In the meantime, it is urgent that breaches of the cease-fire and activities
by El Fatah and other such organisations should,be suppressed and every
effort made on both sides to avoid exchanges of fire."
49. The proposals, when communicated to the Jordanian authorities by the Special
Representative, were objected to in the same way as the proposals to the United
Arab Republic had been.
50. Faced with these conflict,ing positions, the Special Representative sought to'
obtain from the parties an assurance that they would implement Security Council
resolution 242 (196-f), in the hope that such a declaration would be regarded
as a basis for subsequent discussions between the parties. The Special
Representative received from l;he Israeli Foreign Minister a number of written
formulations of Israel's position on the Security Council resolution, of which the
last, dated 19 February 1968, read as follows:
/ . . .
S/10920
English
Page 25
"1 . The Government of Israel, out of respect for the Security Council's
resolution of 22 November'1967 and responding affirmatively thereto, assures
you of its full co-operation in your efforts with the States concerned to
promote agreement and to achieve an accepted settlement for the establishment
of a just and lasting peace, in accordance with your mandate under the
resolution.
"2. Israel's position has throughout,been that the best way to achieve, the
objective of the Security Council resolution is through direct negotiations.
However, as a further indication of Israel's co-operation, we are willing that
this be done in a meeting convened by the Special Representative of the
Secretary-General.
"3. On 12 February 1968, I informed you of Israel's acceptance of the
Security Council's call in its resolution of 22 November 1967 for the
promotion of agreement on the establishment of peace. The United Arab
Republic is also aware of Israel's willingness as explained on 1 February
to negotiate on all matters included in the Security Council's resolution.
We accept the sponsor's view that the principles recommended for inclusion
in the peace settlement are integrally linked and interdependent.
"4. We have noted the United Arab,Republic',s willingness to 'implement'
the Security Council's resolution and ,fulfil its obligations thereunder.
It is a matter of concern that the United Arab Republic statements, unlike
those of Israel, do not specifically use the precise terms of the resolution
in such crucial matters as ‘agreemert’ and the 'establishment of a just and
lasting peace', and that the United Arab Republic has not yet agreed to a
process of negotiation without which', of course, a declaration of
willingness to fulfil the resolution is of no substantive effect. The
resolution is a framework for agreement. It cannot be fulfilled without a
direct exchange of views and proposalTleading to bilateral contractual
commitments. The United Arab Republic position is, therefore, still
deficient in important respects. We are, however, conscious of the
importance of the fact that the United Arab Republic and Israel have both
responded affirmatively to the call for co-operating with you in the
mission laid upon you by 'the Security Council. At the same time, it would
be unrealistic to ignore that there have been sb:crp differences of
interpretation of what the resolution entails. To subscribe~to similar
declarations does not of itself solve practical issues at stake.
il 5. It is accordingly urgent to move forward to a more substantive stage
and,to embark on a meaningful negotiation for achieving the just and lasting
peace called for by the Security Council."
In discussions with the Special Representative on that date, the Foreign Minister
stated that Israel would not object to an indirect approach to negotiations
provided that it was designed to lead to a later stage of direct negotiations~
and agreement.
/ . . .
7
S/l0929
English
Pap;e 26
51~ In a series of meetings wi-th Ambassador Jarring over this period, the United
Arab Republic Foreign Minister gave assurances that the United Arab Republic was
ready to implement the Security Council resolution as a whole and to fulfil its
obligations under it, but stated that it would not accept direct negotiations. As
the Foreign Minister stated in a meeting held on 20 February 1958, the IJnited Arab .
Republic accepted indirect negotiations; however, the first step must be an Israeli
declaration "in clear language" that it would implement the Security Council
resolution. .
52. The Jordanian authorities expressed a similar point of view to the Special
Representative.
53. The Special Representative then proceeded to United Pations Headquarters for
consultations with the Secretary,-General. Returning to .the. area at the beginning
of March, he informally presen-ted to the parties, to ascertain their reactions,
a draft letter from himself to the Secretary-General, which would be worded as
fOllOE :
"The Governments of Israel and the United Arab Republic /Jordan-i have
both indicated to me that they accent Security Council resolu%on 24i (1967)
of 22 November 1967 for achieving a peaceful and accepted settlement of the
Middle Exst question and intend to devise arran,qements, under my auspices,
for the implementation of the provisions of the resolution.
"The two Governments have expressed their willingness to co-operate
with me in my capacity as Special Representative of the Secretary-General
in the discharge of my tasks of promoting agreement and achieving such a
settlement.
"In view of the urgency of the situation and with a view to expediting
efforts to reach settlement, I have invited the two Governments to meet
with me, for conferences within the framevork of the Security Council
resolution, in Nicosia. I have pleasure in informing you that the two
Governments have responded favourably to this invitation."
54. In the ensuing two months,'Ambassador Jarring paid repeated further visits
to the countries concerned with a view to obtaining their acceptance of the idea
of meetings under his auspices. Israel eventually accepted, without conditions,
the text proposed by the Special Representative. Jordan and the United Arab
Republic continued to press for a more precise declaration 'by Israel of its
willingness to implement the resolution.
55. Eventually the Jordanian authorities indicated that they would accept the
text of the Special Representative's draft letter provided the invitation was to
meetings in New York, a chanqe of venue that was not acceptable to Israel. Finally,
in a written statement dated 9 May, the United Arab Republic Foreign E'iinister
reaffirmed' the readiness of his country's Permanent Representative to the United
Nations in New York to meet with the Special Representative td continue the
contacts which the latter Chad been having with the parties for the implementation
of resolution 242 (1967). In that connexion, he referred to previous suggestions
/ . . .
for a time-table for the implementation of the resolution. The United Arab
Republic Foreign Minister repent& that the United Arab Republic was ready to
implement the resolution as a ~whole and as a "package deal". He insisted, however,
that Israel should do likewise, including complete withdrawal.
56. Ambassador Jarring was faced with a position where there was agreement, though
clearly with considerable differences of interpretation, on the first two
paragraphs of his proposed~ invitation, but where there was disagreedent ori the
third paragraph containing the actual invitation. Further journeyin~g backwards
and forwards between the various countries was unlikely to be productive. In
consultation with the Secretary-General, Ambassador Jarring therefore decided that
talks should take place in New York without a formal invitation.
57. During his stay in the p,!iddle East from December 1967 to Nay 1968, the
Special Representative also visited Beirut on three occasions. The Lebanese
Government expressed its full support for a solution according to Security CouncQ
resolution ‘242 (1967). Lebanon, however, had no territory under occupation and
therefore did not have the same detailed involvement in the settlement as the
United Arab Republic and Jordan. The Special Representative did not visit Syria,
whose Government, as noted above, had not accepted the Security Council resolution.
58. 4mbassador Jarring left the area on 10 May 1968 and arrived at Headqurters
on 15 %y 1968.
Jctivities of the Special Reoresentativ_e from !!ay 1968 to JunexE
59. Ambassador Jarring held inconclusive discussions with the Permanent
Representatives in New York in l4ay and June 1968, resumed direct contact with the
parties in the Niddle East in August and September and held discussions in New York
with the Foreign Kinisters of the parties during the 1958 session of the General
AssWbly. In the course of these discussions, the positions of the Governments
of Israel and the United .Arab Republic were set out in written statements, which
made clear the essential differences between them. On the one hand, Israel regarded
the Security Council resolution as a statement of principles in the light of which
the parties should negotiate peace and, on the other hand, the United Arab
Republic considered that the resolution provided a plan for settlement of the
Kddle East dispute to be implemented by the parties according to modalities to be
established by the Special RepreseEtative. It was also abundantly clear that there
was a crucial difference of opinion over the meaning to be attached to the
withdrawal provisions of the Security Council resolution, which according to the
Arab States applied to all'territories occupied since 5 June 1967 and according
to Israel applied onlji to the extent required when agreement had been reached
between,the parties on secure and reco&nized borders between them.
60, The Special Representative made tvo further visits to the Middle East; first
in December 1968 and secondly in March and April 1969. On the latter occasion, he
submitted a series of questions to the parties and received detailed replies,giving
their attitudes towards the various provisions of resolution 242 (1067). I/
1/ For the texts of the questions and replies, see annex I.
I . . *
SD0929
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Page 28
61. It had been the hope of Ambassador Jarring, in submittin? his questions, that
the replies might show certain encouraging features that might make it possible to
invite the parties for a series of meetings between them and him at some mutually
convenient place. However, the replies were in general a repetition of attitudes
already expressed to Ambassador Jarring on numerous occasions from the beginning ,,
of his mission. They showed continued serious divergencies between the Arab States
and Israel both as regards the interpretationto be given to the Security Council
resolution and as to the procedures for putting its provisions into effect.
\
62. Ambassador Jarring returned to Headquarters from 12 September to 8 October 1969
and from 10 to 26 March 1970, but found no new elements that would permit him to
organise active discussions with the parties.
63. On 3 April 1969, the Permanent Representatives of France, the Union of Soviet
Socialist Republics, the United Kingdom of Great Britain and. Northern Ireland and
the United States of America began a series of meetings on the Middle East question
aimed at arriving at a common interpretation of Security Council resolution
242 (1967) and a common formulation of the general provisions of a peaceful
settlement. The meetings continued at various intervals up to September 1971.
After each such meeting, the Chairman conveyed the substance of the discussions to
the Secretary-General, who ke:pt Ambassador Jarring informed.
Attempt to hold discussione.mder the Special Representative's ausoices
(June-September 1970)
64. In June 1970, the Government of the United States of America proposed to the I
Governments of Israel, Jordan and the United Arab Republic that they should each
advise Ambassador Jarring as follows:
"(a) that having accepted and indicated their willingness to carry out
resolution 242 in all its parts, they will designate representatives to
discussions to be held under his auspices, according to such procedure and
at such places and times as he may recommend, taking into account as appropriate
each side's preference as to method of procedure and previous experience between
the parties;
"(b) that the purpose of the aforementioned discussions is to reach
agreement on the establishment of a just and lasting peace between them based
on (1) mutual acknowledgement by the United Arab Republic, Jordan Andy Israel
of each other's sovereignty, territorial integrity and political independence,
and (2) Israeli withdrawal from territories occupied in the 1967 conflict, both
in accordance with resolution 242;
"(c) that, to facilitate his task of promoting agreement as set forth
in resolution 242, the parties will strictly observe, effective 1 July at
least until 1 October, the cease-fire resolutions of the Security Council."
65. Having been informed by the United States Government that the States concerned
had accepted its peace initiative, the Secretary-General invited Ambassador Jarring
to return immediately to Neadquarters, where,he arrived on 2 August. On
/ . . .
s/10929
English
Page 29
3 August 1970, the United States Secretary of State briefed the Secretary-General
and the Special Representative on the initiative and communicated the text quoted
above.
66. The Secretary-General informed the Security Council iri a note dated
4 7 August (S/9902) that Ambassador Jarring had received confirmation from the
Permanent Representatives of those States of their acceptance and that he had
addressed to the Secretary-General a letter as described above. The secretary-
I General was informed,by the United States Representative that klis Government had
received the acceptance of the Governments of the' United Arab Republic and Israel
to a standstill cease-fire for a period of 90 days from 2200 GMT on the same day.
The Secretary-General and Ambassador Jarring had previously been informed by the
United States Secretary of State that his Government would take responsibility for
organizing the standstill cease-fire.
67. Ambassador Jarring at once entered into contact with the parties and, after
considering their,views on the time and place of the discussions, on 21 August 1970
addressed to them invitations to take part in discussions opening at New York on.
25 August 1970. He met on the appointed day with representatives of each of the
parties. However, the Permanent Representative of Israel, who had been designated
by Israel as its representative for the initial phase of the talks, then stated
that he had been instructed by his Government to return to Israel for consultations.
On his retuti on 8 September, he communicated to Arribassador Jarring the decision of
his Government not to participate in the talks under Ambassador Jarring's auspices
so long as the cease-fire standstill agreement was not observed in its entirety.
Israel claimed that the Government of Egypt had gravely violated the agreement.
The discussions were thus terminated for the time being;.
The General Assembly debate of October-Novembe_rI ,- 1970
68. On 26 October 1970, the General Assembly, which had had the situation in the
Middle East on its agenda since 1967, but had not discussed it, resumed
consideration of the question at the request of the United Arab Republic.
69. On 4 November 1970, the General Assembly adopted resolution 2628 (XXV), the
operative part of which read as follows:
“1. -R- eaffirms that the acquisition of‘territories by force is
inadmissible and that, consequently, territories thus occupied must be,
restored;
"2. Reaffirms that the establishment of a just and lastinfr peace in the
E4iddle East should include the application of both the following principles:
(a) Withdrawal of Israeli armed forces from territories occupied'in the
recent conflict;
(b) Termination of all claims or states of belligerency and respect for
and acknowledgement of the, sovereignty, territorial integrity and political
independence of every State in the area and its right to live in peace within
secure and recognized boundaries frecfrom threats or acts of force:
I . . .
“3. Reconnizes that respect for the riR:hts of the Palestinians is an
indispensable element in the establishment of a just and lasting peace in the
Ziddle East;
"4. -the speedy implementation of Security Council resOlutiOn *
24% (1967) 3 which provides for the peaceful settlement of the situation in
the' Middle East s in all its parts;
“5. Calls upon the parties directly concerned to instruct their
-
representatives to resume contact with the Special Representative of the
Secretary-.Gereral in order to enable him to carry o&at the earliest possible
date, his mandate for the implementation of the Security Council reSOlutiOn
in all its parts;
“6. -R- ecommends to the parties that they extend the cease-fire for a
period of t!vee months in order that they may enter into talks under the
auspices of the Special 'Representative of the Secretary-General vith a view
to giving effect to Security Council resolution 242 (1967);
“7. Requests the Secretary-General to report to the Security CounCil
within a period of two months, and to the General Assembly as appropriate, on
the efforts of the Special Representative and on the implementation of
Security Council resolution 242 (1967);
“0. Requests the Security Council to consider, if necessary, making
arrangements, undoer the relevant Articles of the Charter of the United
X&ions, to ensure the implementation of its resolUti.ion.”
The resum~n of the discus.s-i-o ns
70. Immediately following the adoption of General Assembly resolution 2628 (XXV),
J!Tbassador Jarring entered into contact with the representatives of the parties
ii? order to invite them to re-enter into talks under his auspices for the purpose
of reaching agreement on the establishment of a just and last% peace. The
representatives of Jordan and the United Arab Repu'?lic informed him that their
Governments continued to be ,williny: to do so; the representative of Israel stated
that the matter was under consideration in the Israeli Cabinet.
71. On 30 December, Ambassador Jarring received in Moscow a message from the
Foreign Minister of Israel in which the latter informed him of the readiness of
the Government of Israel to resume its participation in the talks.
72. On 4 January 1971, the Secretary-General issued a comprehensive report
(S/10070) covering the activities of his Special Representative up to that date.
/ ..a
s/10929
Enirli.sh
PaRe 31
TThj:ea nuhaorlyd~in,~g ~~ho f i9d7isicj-u ss_io, n.-~ .. ^L.,). ,u.--n. d..e--r ,t,,h ..e- - .- S.p, .e_c~ia--l- -- Repr-e~s-~e-n ta-t_iv.e- ',s., ... auspices
-_._ ..__-~_-- , --~_ ..--
73. Ambassador jarring resumed his discussions with the parties at Headquarters on
5 January 1971 and pursued them actively. He held a series of meetings with the
represerhatives of Israel (including,meetin6s with the Prime Minister and Foreign
Minister during a brief visit to Israel. made from 8 to 10 January 1971 at the
request of that Goveiwnent), of Jordan, and of the United Arab Republic. In
addition, he heid meetings with the Permanent Repre&ntative of Lebanon, which is
also one of the States directly concerned with the Niddle East settlement.
74. At an early stage in those meetin&s Israel presented to Ambassador Jarring,
for transmission -to the Governments concerned, papers containing its views on the
"Essentials of Peace". Subsequently, the Uni-ted Arab Republic and Jordan having
received the respective Israeli papers, presented papers containing their own views
concerning the implementation of the provisions of Security Council resolution
242 (1967).
75. During the remainder of January, Ambassador Jarring held further meetings with
the representatives of Israel, Jordan and the United Arab Republic, in the course
of which he rewived further memoranda elaborating the positions of the parties.
T'ne memoranda indicated that the parties held differing views on the order in which
items shculd be discussed. More important, each side was insisting that the other
should be ready to make certain commitments before being ready to proceed to the
stage of formulating the provisions of r2 peace settlement.
76. On the Israeli side there was insistence that the United Arab Republic should
give specific, direct and reciprocal commitments towards Israel that it would be
ready to enter into a peace agreement with Israel and .to make towards Israel the
various undertakings referred to in paragraph 1 (ii) of Security Council resolution
242 (1967). When agreement was reached on those points, it would be possible to
discuss others, including the refugee problem: such items as secure and recognized
boundaries, withdrawal and additional arrangements for enswins security should be
discussed in due course.
77. The United Arab Republic continued to regard the Security Council resolution
as containing provisions to be implemented by the parties and to express its
readiness to carry out its obligations under the resolution in full, provided that
Israel did likewise. However it held that~Israe1 persisted in its refusal to
implement the Security Council resolution, since it would not commit itself to
withdraw from all Arab territories occupied in June 1967. Furthermore in the view
of the United Arab Republic Israel had not committed itself to the implementation
of the United Nations resolutions relevant to a just settlement to the refugee
problem.
78. The papers received by Ambassador Jarrims from israel and Jordan relating to
peace between those two countries showed a similar divergence of views. Israel
stressed the importance of Jordan's giving an undertaking to enter into a peace
agreement with it that would specify the direct and reciprocal obligations
s/10929
En@ish
Paw 32
undertaken by each of them. Jordan emphasized the inadmissibility of the
acquisition of territory by war and expressed the view that the essential first
step towards peace lay in an Israeli commitment to evacuate all Arab territories.
79, Ambassador Jarring felt that at that stage of the talks he should make clear ;*
his views on what he believed to be the necessary steps to be taken in order,to
achieve a peaceful and accepted settlement in accordance with the pro?is!ons and
principles of Security Council resolution 242 (196~)~ wh.ich the parties had agreed ,
to carry out in all its parts. He then reached the conclusion, which was shared by
the Secretary-General, that the only possibility of breaking the imminent deadiock
arising from the differing views of Israel and the United Arab Republic as to the
priority to be given to commitments and undertakings ,- which seemed to him to be the
real cause for the existing immobility in the talks - was for him to seek from each
side the parallel and simultaneous commitments that seemed to be inevitable
prerequisites of an eventual peace. set+ncnt between them. It should thereafter
be possible to proceed at once to formulate the provisions and terms of a peace
agreement not only for those topics covered by the commitments but with.equs.1
priority for other topics, in particular, the refugee question.
80. In identical aide-m&noir,zs handed to the representatives of the United Arab
Republic and Israel on 8 Febr~uary 1971 Ambassador Jarring requested those
Governments to make to him certain prior commitments. Ambassador Jarring's
initiative was on the basis that -the commitments should be made simultaneously and
reciprocally and subject to'the eventual satisfactory determination of all other
aspects of a peace settleaent, incl:uding in particular a just settlement of the
refugee problem. Israel would give a commitment to withdraw its foxes from
. occupied United Arab Republic territory to the former international boundary,between
Egypt and the British Mandate of Palestine. The United Arab Republic would give a
commitment to enter into a peace agreement with Israel and to make explicitly
therein to Israel, on a reciprocal basis, various undertakings and acknowledgements
arising directly or indirectly from paragraph 1 (ii) of Security Council resolution
242 (1967). (For the full text of the aide-&moires, see annex II.)
01. On 15 February, Ambassador Jarring received from the representative Of the,
United Arab Republic an aide-&moire in which it was indicated that the United
Arab Republic would accept the specific commitments requt:t& of it, as well as
other commitments arising directly or indirectly from Secwi-ty Council resolution
242 (196-f). If Israel would likewise give commitments covering its own
obligations underthe Security Council resolution, including commitments for the
withdrawal of its armed forces froui Sinai and the Gaza Strip and for the
achievement of a just settlement of the refugee problem in accordance with United
xatr.ons resolutions, the United Arab Republic would be ready to enter into~a peace
agreement with Israel. Finally the United Arab Republic expressed the view that a
just and lasting peace could not be realized without the full and scrupulous
implementation of Security Council resolution 242 (1967) and the withdrawal of the
Israeli armed forces from al:1 the territories occupied since 5 June 1967. (For the
full text of tlie United Arab Republic reply, see annex III.)
82. On 17 February, Ambassador Jarring informed the Israeli representative of the
contents of the United Arab 'Republic reply to his aide-m6moire.
,-.
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83. On 26 February, Ambassador Jarring received a communication from the
representative of Israel, in which, wi-thout specific reference to the commitment
which he had sought from that Government, Israel stated that it viewed favourably
"the expression by the United Arab Republic of its readiness to enter into a peace
agreement with IsraelrT and reiterated that it was prepared for meaningful
negotiations on all subjects relev,ant to a peace agreement between the two
countries. Israel gave details of the undertakings which in its opinion should be
given by the two countries in such a peace agreement, which should be expressed in
a bindixg treaty in accordance with normal international law and precedent. Israel
considered that both parties, having presented their basic positions, ,should now
pursue the negotiations in a detailed and concrete manner without prior conditions.
84. On the crucial question of vithdrawal~on which Ambassador Jarring had sought
a commitment from Israel, the Israeli position was that it would give an
undertaking covering withdrawal of Israeli armed forces from "the Israeli-United
Arab Republic cease-fire line" to the secure, recognized and agreed boundaries to
be established in the peace agreement; Israel would not withdraw to the
pre-5 June 1967 lines. (For the full text of the Israeli paper, see annex IV.)
85. On 28 February, Ambassador,Jarring informed the United Arab Republic
representative:o.f the contents of the Israeli communication. The latter held that
it was ~improper for the Israeli authorities to have responded to his Government's
reply, which had been addressed to Ambassador Jarring and would have full effect
only if the Israeli authorities would give ,the cotiitment requested of then by
Ambassador Jarring-
86. In accepting the United States proposal for renewed discussions under
Ambassador Jarringss auspices (see S/10070, paragraphs 33 and 34), the parties had
agreed that they would observe strictly, for a period of 90 days from
7 August 1970, the cease-fire resolutions of the Security Council. in response to
the recommendation of the General Assembly in resolution 2628 (XXV), the cease-fire
had been extended for a further period of three months., fin a report of
1 February submitted as that period was expiring, the Secretary-General appealed
to the parties at that stage of the discussions to withhold fire, to exercise
military restraint and to maintain the quiet that had prevailed in the &rea since
August 1970.
87 n In response to that appeal, the Foreign Ministry of Israel, in ~a communiqu6
released in Jerusalem on 2 February, annbunced that Israel would observe the
cease-fire on a mutual basis; in a speech to the'Nationa1 Assembly on 4 February,
the President of the United Arab Republic declared the decision of the United Arab
Republic to refrain from opening fire for a period of 30 days ending on 7 March.
88.
made
In a report dated 5 March 1971 (S/lOO70/Add.2), Secr~etary-General U Thant
the following statement:
"hbassador Jarring has been very active over the past month\and some
further progress has been made towards a peaceful solution of the Middle
East question. The problems to be settled have been more clearly identified
S/10929
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and on some there is general agreement. I wish moreover to note with
satisfaction the positive reply given by the United Arab Republic to
Ambassador Jarring's initiative. However, the Government of Israel
has so far not responded to the request of Ambassador Jarring that it
should give a commitment on withdrawal to the international boundary of
the United Arab Republic..
.I
Y
"IThile I still consider that the situation has considerable elements
of promise, it is a matter for increasing concern that Ambassador Jarring's '
attempt to break the deadlock has not so far been successful. I appeal,
therefore, to the Government of Israel to give further consideration to
this question and to respond favourably to Ambassador Jarring's
initiative.
"To give time for further consideration and in the hope that the
way forward may be reopened, I once more appeal to the parties to
withhold fire, to exercise military restraint and to maintain the quiet
which has prevailed in the area since August 1970."
_F-u rthe_r_ .._ d-e..v.e-_lo-_pIm_,e_n.-ts (March,.-_N_~o -v_e_m.- ber _1,9..7 ..1- )
59. In response to the Secre:tary-General's appeal, the Israeli Government once
again made clear its willingness to continue to observe the cease-fire on a basis
of reciprocity. The President of the United Arab Republic, in a statement to the
nation on 7 March 1971, declared that his country no longer considered itself
further committed to a cease-fire or to withholding fire. That, however, did not
mean that political action would cease.
90. On 11 Narch, the Israeli representative informed Ambassador Jarring that his
Government was awaiting the reaction of the United Arab Republic Government to the
Israeli invitation in its re:sly of'26 February to enter into detailed and concrete
discussions (see paragraph 83 above). When that statement of the Israeli
representative was brought to the attention of the United Arab ReFdblic
representative, he maintained that his Government was still awaiting an Israeli
reply to Ambassador Jarring:'s aide-m&moire.
91~ Subsequently, the talks under Ambassador Jarringss auspices lapsed. He
therefore left Headquarters to resume his post as Ambassador of Sweden in MOSCOW
on 25 March.
92. Although he returned to Headquarters from 5 to 12 May and from 21 September to
27 October 1971 and held certain consultations elsewhere, Ambassador Jarring found
himself faced with the same deadlock and with no possibility of actively pursuing
his mission.
93. Indeed, during much of that time the promotion of agreement between the
parties was the object of tr<o'separate initiatives. The first was an effort by the
United States of America to promote an interim agreement providing for the
reopening of the Suez Canal, and the second a mission of inquiry conducted by
/ a . *
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Pane 35
certain African Heads of States on behalf of the Organisation of African Unity.
Both initiatives were described to Ambassador Jarring and the Secretary-General by
the sponsors as designed to facilitate the resumption of Ambassador Jarring's
mission. Nevertheless, while they were being pursued, they obviously constituted
an additional reason for him not to take personal initiatives.
94. The Secretary-General and his Special Representative were briefed by the
United States Secretary of State on his Government's initiative after his trip to
the Middle L&t in April 1971. 1Iowever., there has been no subsequent indication of
positive results.
95a The Organization of African Unity mission of inquiry, consisting of the Heads
of State of the Cameroon, the Democratic Republic of the Congo (Zaire), Nigeria
and Senegal ) under the chairmanship of the President of Senegal, visited Israel and
.Egypt on two occasions in November 1971. The report of that mission was
corcrr,unicated to the Secretary-General and to the Special Representative by 'the
President of Mauritania, Chairman of the Committee of 10 African Heads of State to
which the mission had reported.
96. The mission noted certain positive elements in the replies it had received
from the two Governments. Both parties had renewed their acceptance of Security
Council resolution 242 (1967) and were ready to resume indirect negotiations under
the auspices of Ambassador Jarring. The mission came to the conclusios that the
success of renewed negotiations could be regarded as assured, if the practical
application of the concept of secure and recognized boundaries did not oblige
Egmt to alienate part of its national territory and that it was necessary to obtain
Israel's agreement to the putting into effect (without territorial annexation) of
arrangements offering sufficient guarantees to enswe its security.
-D-.i-s-c--u-s.-s-.i-o..n at t-h~e~. - .. tw,-_e-n_t.y .A-s_i,x.-th- ~.~_-s~e.~ss.,i-o--n_ -.-_o.f- --.t-h~e_ _I-G--e-_n eral Assembly
On 30 November 1971, the Secretary-General submitted to the Security Council
zk to the General Assembly a cotiprehensive report (,4/8541-S/10403) on the
activities of the Special Representative from 4 January l?i'l. This report
contained s inter a-&L, a call by Secretary-General IJ Thant for the appropriate
organs of the United Nations to review the situation once again and to find ways
and means to enable the Jarring Mission to move forward.
98. The report was before the General Assembly when it debated the situation in
the Middle East at its twenl;y-sixth session. On 13 December 1971, the General
Assembly adopted resolution 2799 (XXVI), the operative part of which read as
follows:
"1 . Reaffirms that the acquisition of territories by force is
inadmissible and that* consequently, territories thus occupied must
be restored;
"2. -R. eaffi-r.m__s that the establishment of a just ,and lsstinf? peace
in the Middle East should include the application of both the
followin: principles:
/ . . 0
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(a) Withdrawal of Ismeli armed forces from territories occupied
in the recent conflict:
(2) Termination of all claims or st,ates of belligerency and
respect for and acknowledgement of the sovereignty, territorial
integrity and political independence of every State in the area and
its right to live in peace within secure and recognized boundaries free
from threats or acts of force;
5'3. Requests the Secretary-General to take the necessary measures
to reactivate the mission of the Special Representative of the Secretary-
General to the Middle East in order to promote agreement and assist
efforts to reach a peace agreement as envisaged in the Special
Representative's aide-m&mire of 8 February 1971;
::4 . Expresses its ful.1 support for all the efforts of the Special
Representative-‘ ~~--~'t-o-‘ -'--u~n?p%le~m~e~n~l; Council resolution 242 (1967);
1! 5. -N ote.s_ - --w-..it h ~preciation the positive repiy given by Egypt to
the Special Representative's initiative for establishing a just and
lasting peace in the Middle East;
"6. Calls upon Israe: to respond favourably to the Special
RepresentaKYe's peace ini,tiative;
“7 . F-_ur.t-h.e-r_ ----in-v.-it es the parties to the Middle East conflict to
give their full co-operation to the Special Representative in order to
work out practical measures for:
(a) Guaranteeing freedom of navigation through international
waterways in the area;
(2) Achieving a just settlement of the refugee ,problem;
(2) Guaranteeing the territorial invi,olability and political
independence of every State in the area;
“8. _R_e-q uests the Secretary-General to report to the Security Council
and to the General Assembly, as appropriate, on the progress made by the
Special Representative in the implementation of Security Council resolution
242 (1967) and of the present resolution;
"9. .R_e-_q.u_e sts the Security Council to consider, if necessary, making
arrangements, under the relevant Articles of the Charter of the United
Nations, with regard to the implementation of its resolution."
I . . .
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R%?e ?7
.F_u_rlt-h.-el~r ~---.a-_tt-e-m.--p ts to reactivate the Jarrin_g_ ._--_M ission
99: In consultation with,my predecessor, Ambassador Jarring immediately after
the adoption of Assembly resolution 2799 (XXVI) held meetings with the Foreign
Ministers of Egypt and Israel, who were still in New York, and with the Permanent
Representative of Jordan to discuss arrangements for the reactivation of his
mission. On assuming office, I invited Ambassador Jarring to come to New York,
where further talks took plac e from 10 to 27 January 1972. After extensive
consultations with me, Ambassador Jarring went to west Africa on 28 January an~d
met the President of Senegal, who had been the Chairman of the group of four
African Heads.of State which had visited Egypt and Israel towards the end of 1971.
He also visited the ,President of Mauritania, who had been Chairman of the
Committee of Ten, to which the group of four had reported, and received further
information about the results of that visit.
,100. After consulting further with me, Ambassador Jarring paid a visit to Cairo,
where he met with the Egyptian Foreign Minister on 19 and 20 February 1972. He
held discussions with the Jordanian authorities in Amman on 23 February and with
the Israeli authorities in Jerusalem on 25 February. After reporting tc me at
Geneva on 27 February, Ambassador Jarring returned to New York, where he continued
to see representatives of the parties.
101. In their initial contacts with Ambassador Jarring in New York, the Egyptian
representatives took the view that in reactivating his mission, he should ask the
Israeli authorities for a commitment to withdraw their troops from occupied
Egyptian territory as requested by Ambassador Jarring in his aide-&moire of
8 February 1971 and as called for in General Assembly resolution 2799 (XXVI). They
were not prepared, in the absence of such a commitment, to take part in
discussions with the Israeli authorities.
102. On the other hand, tine Israeli authorities made it clearthat they were not
prepared to give the commitment requested or to give any other form of statement of
equivalent effect on the question of withdrawal. They reiterated their public
statements that they did not corxider themselves bound by General Assembly
resolution 2799 (XXVI). They stated that they continued to be ready to take part
in negotiations with Egypt without prior conditions on all the points raised by
each side, which on the Israeli side included the determination of secure and
recognised boundaries. However, they held that before discussions could take place
under Ambassador Jarring's auspices, he should give an assurance that he considered
his mandate to be based solely on Security Council resolution 242 (1967) and that
he did not consider himself bound by General Assembly resolntion 2799 (XXVI) or by
his aide-&moire of 8 February 1971.
103. Despite this continuing deadlock, Ambassador Jarring persevered in his attempt
to reactivate his mission. In the meetings in Cairo, the idea was put forward that,
as a means of getting round the deadlock, the parties should exchange, through him,
clarifications of their positions on the various subjects dealt with in
resolution 242 (1967) with a view to formulating provisions for inclusion in a
peace treaty. The Egyptian authorities continued to hold the view that progress
/ . . .
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towards a settlement lay through the acceptance by Israel of the principle of
withdrawal according to Security Council resolution 2'42 (1967) end of General Assembly
resolution 2799 (XXVI); nevertheless, in an effort to break the impasse, they were
prepared to take part in the process of clarification.
104. Ambassador Jarring brought the same idea to the attention of the Israeli
authorities in Jerusalem and they agreed to give the matter serious consideration.
However, when he resumed his discussions with the Israeli representative in New York Y
on 8 Narch, he was asked to give assurances, which he should also bring to the
attention of the Ep;yptian authorities, that he .voould be guided solely by Security
Council resolution 242 (1967) and that he did not consider himself bound by his
aide-n&moire of 8 February 1971 and General Assembly resolution 2799 (XXVI).
lO5* Ambassador Jarring, after consulting with me, assured the Israeli Government
that his mandate was defined in Security Council resolution 242 (1967). However,
General Assembly resolution 2799 (XXVI), which endorsed Ambassador Jarring's
aide-.mkmoire of 8 February 1971, represented the constitutionally adopted judgement
of a major organ of the United Nations and had to be regarded as such.
It was indicated to the Israeli authorities that their acceptance of the
Assembly resoluticn was not a ccndition for the clrrification nrocedure that had
been sufigested.
106. In the event, it was not possible to reactivate the mission of
Ambassador Jarring with regard to F&jpt and Israel.
107. In his discussions with the Jordanian authorities, Ambassador Jarring found
them concerned about lack of proy;ress. In their view, the withdrawal of Israeli
forces in their sector was a highly important matter, inasmuch as it affected a
very large population living under occupation or as refugees. If talks were
reactivated with regard to Egypt and Israel, they were anxious that they should be
carried out simultaneously as regards Israel and Jordan.
108. In view of the continuin8g deadlock, Ambassador Jarring returned to his post in
Moscow on 24 l%rch. Subsequently, he returned to Headquarters from 1 to 4 May and
from 1 to 12 August for a further review of the positions of the parties and
consultations with all concerned. He also had other contacts elsewhere with
representatives of the parties and met twice with me in July 1972 in Geneva to
discuss what further useful ac.tion might be taken. He also returned to
Headquarters at the beginning of the twenty-seventh session of the General Assembly
and again just prior to the Assembly debate on the situation in the Middle East.
109. However, as I stated in my report dated 15 September 1972 on the activities of
the Special Representative (A/8815-S/10792):
<'In spite'of our continued efforts, it has not been possible to make
any substantial progress. As can be seen from published statements of the
parties, an agreed basis for discussions under Ambassador Jarring's
auspices does not seem to exist at the present time. Despite this
situation, we shall continue our efforts."
/ " . .
Discussion at the twenty-seventh session of the General Assembly
110. The General Assembly held a further discussion of the situation in the Middle
East from 29 November to 8 December 1972. (For the records of this discussion see
4 documents A/PV.2092, 2094--2103 and 2105.) At the conclusion of the discussion, the
General Assembly adopted resolution 2949 (.XXVII), the operative part of which read
a5 follows :
::1 a ~?~ff‘fhms its resolution 2799 (XXVI);
::2. -D~e-_p lores the non-compliance by Israel with General Assembly
resolution 2799 (XXVI), which III particular called upon Israel to respond
favourably to the peace initiative of the Special Representative of the
Secretary-General to the Middle East;
>'3* -E- xpres_s,e,,s.. .._ i.t.s_ ,.,-.f .u .ll ~.-s.u_p-.n_o_r t for the efforts of the Secretary-
General and his Special Representative;
"4. Declares once more that the acquisition of tt?rritories by force
is inadr~issible~~an~-~hat,consequently ~ territories thus occupied must be
restored;
II 5 * -R~e_a_f_fx-:r-m__s_ that the establishment of a just and lasting ~peace in
the Middle East should include the application of both the following
principles:
(a) Withdrawal of Israeli armed forces from territories occupied in
the recent conflict;
(b) Termination of all claims or states of belligerency and respect
for and acknowledgement of the sovereignty, territorial integrity and
political independence of every State in the area and its right to live
in peace within secure and recognized boundaries free from threats or
acts of force;
"6. Jn%!Le.s_ Israel to declare publicly its adherence to the
principle of non+unexation of territories through the use of force;
?'7 * Declares that changes carried out by Israel in the occupied
Arab territories-& contravention of the Geneva Conventions of 1949 are
null and void, and calls upon Israel to rescind forthwith all such
measures and to desist from all policies and practices affecting the
physical character or demographic composition of the occupied Arab
territories;
"8. @,&ls ~pon.all States not to recognize any such changes and
measures carried out by Israel in the occupied Arab territories and
invites them to avoid actions, including actions in the field of aid, that
could constitute recognition of that occupation;
/ . . ”
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Pa.qe 40
“9. -R~-.e.-.ec-~o2 gnize- that respect for the rights of the Palestinians is
an indispensable element in the establishment of a just and lasting peace
in the Middle East;
“10. auests the Security Council, in consultation with the Secretary-
General and his'zscial Representative, to take all appropriate steps with
a view to the full and speedy implementation of Security Council resolution
24,2 (1967), taking into account all the relevant resolutions and documents
of the United Nations in this connexion;
"Il. _R~e,q-~u_e sts the Secretary-General to report to the Security Council
and the General Assembly on the progress made by him and his Special
Representative in the implementation of Security Council resolution
242 (1.967) and of the present resolution;
"12 ~ Decides to transmit the present resolution to the Security Council
for its appropriate action and requests the Council to keep the General
Assembly informed."
-S-,i,t-u-a tion. -... --,s-.in--c e th--e- adopti-o-n-- ,, o-f ~--G.--e-n_e--r~a-l- --- Assembly resolutioGF49 (XXV-II )
111. The General Assembly in its resolution envisaged further action by the
Secretary-General and his Speci.al Representative, for whose efforts it expressed
Sull support. However, the parties have continued to maintain their respective
positions as previously explained.
112., Thus the basic deadlock remains. In the circumstances, Ambassador Jarring
concluded, and I concurred, that there was no useful action that he could take
following adoption of General Assembly resolution 2949 (XXVII), and he remained at
his post as Swedish Ambassador in Moscow until after the adoption of Security
Council resolution 331,(1973).
113. The problem of the Middle East has preoccupied me ever since I became
Secretary-General. In an effort to find any ways of making progress toward a
settlement I have engaged in continuous discussions not only with the Foreign
Ministers and representatives of the parties themselves,, but also with numerous,
other Governments that are concerned with the problem. I have also been in
continuous touch with the members of the Security Council on the question, and I
have been alert to any changes of attitude or of procedures that might lead to,
progress in achieving a peaceful settlement.
/ . . .
\
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III. OBSERVATIONS
11'4. Although the Security Council has in the last six years dealt with a number of
different aspects of the Middle East problem, it has not considered the problem as
a whole since the adoption of resolution 242 (1967) on 22 November 1967. In its
forthcoming meetings the Council will therefore, in a sense, be taking up the
consideration, of the Middle East q_uestion where it left off at that time.
115. For more than 25 years, the United ?Jations, ana in particular the Security
Council, has had a major and universally recognized responsibility in relation to
the Middle East question. It should not be forgotten that although the United
Nations"has net proved able, in this very difficult situation, to bring about a
just and lasting settlement, various instrumentalities of the United Nations set
up by the Secwity Council and by the General Assembly have, throughout this period,
played an important role in limitinp conflict and in preserving the tenuous truce
which has prevailed in the area,for most of the time.
11.6. The problem before the Council is an extremely complex and difficult one,
which no Government or group of Governments has been able to solve outside the
framework of the United Nations. But the procedures of the Council still offer
valuable possibilities for limiting; conflict and also for assisting the countries
of the region to find the way to a solution to their problems, if they so wish.
The Security Council is, as far as 1 know, the 0.11~ forum r~+~e,.all,.the, l?ar~,i.es,,,t.a
the cppf,T,ict have been able tp,m+e$,.$og+ther in the same room. In the forthcoming
debate it.is to be hoped that this advantage may be used for constructive moves
toward a settlement.
117. Five and a half years have passed since the adoption of resolution 242 (1967)~
and, after many and various attempts to pursue the aims of that resolution, the
Council itself is now resuming the search for peace in the Middle East. It goes
without saying that I as Secretary-General, my Special Representative,
Ambassador Jarring, the Secretariat, and the various instrtimentalities of the
United Nations in the Middle East are at the disposal of the Governments concerned
and of the Council itself to assist in whatever way we can in the Council's
efforts. Obviously these efforts can only be useful if the parties concerned wish
to avail themselves of them. But if that wish is present, the new effort to find
a way to a settlement in the Middle East need not be futile. That effort should
include a new appraisal of the possibilities and procedures of the Council itself
for conciliation and an exploration of all of the means by which the framework of the
United Nations might be used to assist the parties in reaching a ,just Andy lasting
settlement.
,118. Certainly both reason and self-interest indicate that such a settlement is
lorig overdue. The tensions and conflicts of the Middle East are a heavy burden
not only on the countries of the area, but also on the international communi.tg
itself. It is my easne'st hope that in embarking on this new effort all those
concerned will find it possible to Look to the future and to t&e advantage of the
international instrumentalities at their disposal and of the general and fervent
desire of the international community to open a new and more harmonious chapter in
the history of the Middle East.
I . . .
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Annex I
Page 1
QUESTIONS SUEMIlTED IN MARCH 1969 BY THE SPECIAL REPRESENTATIVE
i TD THE GGVERNNMZNTCSO NCERNEDA ND THEIR REPLIES
P Note: Ambassador Jarring submitted his questions to the States conce~-neZ
in the form of separate lists specifically addressed to each Government. Th0.X
lists were, however , prepared from a general list applicable to all the par~bi-s
and that list is, to save repetition, reproduced here. As some questions rcLn.kd
to provisions of Security CounciL resolution 242 (1967) which applied to onLy one
or some of the parties, the numbers of questions in the specific lists were noi
always the same as those in the general list. Where the wmbebcr of the answeidiffers
from that of the question in the generaL list, the Latter number is added
in square brackets.
Specific lists of questions based on the foLLowing,general list were
submitted by Ambassador Jarring to the Governments of .the United Arab RepubLic
on 5 March, of Jordan on 8 March, of Israel on 9 March and of Lebanon on
Lk March 1969.
A. QUESTIONS SUBMITTED BY THE SPECIAL REPRESENTATIVE
Security Council resolution 242 (Lg67) sets out provisions and principles
in accordance with which a peaceful and accepted settlement of the Middle Eaas'i.
Question should be achieved. Some of these provisions wxld impose ,obLigations
on both sides, some on one side, and some on the other. It has generally been
accepted that they should beg regarded as a ,whole. The following questions designed
to elicit the attitude of the parties towards the provisions of the Security
Council resolution are based on this assumption and are to be understood in thr
context that each provision is regard,ed as part of a "package deal".
1. Does Israel '(Jordan, Lebanon, United Arab Republic) accept Securi.ty
Council resolution 242 (1967)~ for implementation for achieving a peaceful and
accepted settlement of the Middle East Question in accordance with the provisions
,and principles contained in the resolution?
2. Does Israel (Jordan, Lebanon, United Arab Republic) agree to pledge
termination of all claims or states of belligerency with Jordan, Lebanon and
the.United Arab Republic (Israel)?
/...
English
Annex I
Page 2
3. Does Israel (Jordan, Lebacon, United Arab Republic) agree to pledge respcc-t
for and aclmo~~led~cment of the soverei@y, territorial integrity and politica.!.
independence of Jordan, Lebanon and the United Arab Republic (Israel)? J
4. Goes Israel (Jordan, Lebanon, Unitdd Ara'k Hepublic) accept the right of
Jordan, Lebanon and the United Arab Republic (Israel) to live in peace within ~
secure and reco@ized boundaries free from threats or acts of force?
5. If so, what is the conception of secure and recognized boundaries held
by Israel (Jordan, Lebanon, TJnited Arab Republic)?
6. Does Israel agree to vii;hdraw its armed forces from territories occupied
by it in the recent conflic.i?
7. Does the United Arab Republic agree to gu,arantee freedom of navigatxon for
Israel through international waterways in the area, in particular:
(a) through the Straits of Tiran, and
(b,) through the Suez C!anal.?
8. Does Israel (Jordan, Lebanon, United Arab Republ.ic) agree that, if a plan
for the just settlement of the refu&e problem is worked out and presented to the
parties fo? their consideration, the acceptance in principle of such a plan by
the parties and the declaration of their intention to implement it in good ici.th
constitute sufficient implementation of this provision of the Security CounciL
resolution to justify the implementation of the other provisions?
9. Does Israel (Jordan, Lebanon, United Arab Republic) ag:ree that the
territorial inviolability and political independence of the States in the area
should be guaranteed:
(a) by the establishment of demilitarized &ones;
(b) through addiponal measures?
10. Does Israel agree that such demilitarized zonea should include areas on
its side of its boundaries?
11. Does Jordan agree that; a demilitarized zone should be established in
Jordanian territory from which Israel armed forces have been withdrawn?
12. Does the United Arab Republic agree that a demilitarized zone shculd he
established:
(a) at Sharm-el-Sheikhh;
(b) in other parts of the Sinai peninsula?
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13. Does Israel (Jo&an, Lebanon, United Arab Flepubl.ic) agree tha.i;
demilitarization of such zones'should be supervised and maintained by the
United Nations?
14. Vould Israel (Jbrdan, Lebanon; United Arab Republic) accept as a filmi.
act of a&?eemen~t on all provisions a mutually signed multilateral. document
which rlould incorporate the agreed conditions for a just and Las'tiny, peace?
j..,
n. REPLY OF THE GOVkRiMENT OF ISRAEL
(Handed to Ambassador Jarring in Jerusalem by the Xnister for Foreign
Affairs on 2 April 1969)
Jerusalem, 2 April 1969
Dear Ambassador Jarring,
Israel's position on all the subjects raised in your eleven questions has been
stated in detail in my address to the General Assembly of 8 October 1968, and in
the memoranda presented to you on 15 October 1968 and 4 November 1968. ,
I now enclose specific replies in an affirmative spirit to the questions as
formulated. It is my understanding that on the basis of the answers received from
the three governments you propose to pursue further mutual clarifications in an
effort to promote agreement on all the matters at issue in accordance with your
Irandate. !qe are ready to join in this process at any appropriate place.
Israel's statements 'of attitude, including her replies to these questions,
has taken into account recent developments in Arab policy including the speeches
recently delivered by President Nasser and other Arab leaders. We have noted the
specific and emphatic reiteration of their refusal to make peace with Israel, to
recognise Israel, to negotiate with Israel, to cease terrorist attacks on Israel
cr to admit the possibility of sovereign co-existence in any field. It would appear
at this time that the effective negation by the LIAR of the principles of the
Charter and of the Security Council's Resolution is obvious ahd vehement. I?e hope
that this pqlicy, to which effect is given every day, will change; but these
authoritative statements have caused deep concern and have intensified the tension
which we would have wished to see relieved.
It is also our view that highly publicised encounters by four member States
have weakened the attention which should have been concentrated on the efforts Of
the parties themselves to move towards a,greement. They are causing a duplication
and dispersal of effort. They have also encouraged a wrong impression in some
quarters that a solution can be sought outside the regionand without its
governments. Israel recognises your mission as the authoritative international
framework within which peace between the States, in the Middle East should be
promoted.
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I recall the idea which we discussed some weeks aSo that the Foreign
Xinisters of the three Governments should meet with you soon at a suitable place
to pursue the promotion of agreement, As you will remember, I reacted positively
to this idea. I wish to reaffirm that Israel will continue to co-operate with
you in the fulfilment of your mission.
Yours sincerely,
(Si'@xed) Abba EBA%
Answer to Question One:
Israel accepts the Security Council resolution (242) for the promotion
of agreement on the establishment of a Just and lastin peace, to be reached by
nqotiation and agreements between the governments concerned; Implementation
of agreements should begin when agreement has been concluded on all their
provisions.
Answer to Question Two:
It is the Arab States, not Israel which claimed and originated states of
belligerency. They declared themselves.for two decades to be in a state of
unilateral war with Israel. It is therefore primarily incumbent upon them to
terminate the state of war with Israel.
On the establishment of peace with her Arab neighbours, Israel agrees to the
termination, on a reciprocal basis, of all claims or states of belligerency with
each State with wh,ich peace is established. A declaration specifying each State
by name would be made by Israel in each case.
The CorresFondinS statemement by any Arab State must specifically renounce
belligerency "with Israel" and not "with any state in the area". Legal
obligations must be specific in reSard to those by whom they are bound.
Henunciation of belligerency includes the cessation of all maritime
interference, the cessation of boycott measures involving third parties; the
annulment of reservations made by Arab States on the applicability to Israel of
their obligations under international conventions to which they have adhered;
non-adherence to political and military alliances and pacts directed against
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Israel or including States unwilling to renounce claims or states of belligerency
with Israel and maintain peaceful relations'with it; the non-stationing of armed.
forces of such other' States on the territory of the contracting States and
the prohibition and prevention in the territory of Arab States of all preparations,
actions or expeditions by irregular or para-military groups or by individuals
directed against the lives, security or property of Israel in any part of the
world.
The last stipulation is ,without prejudice to the fact that the responsibility
of Arab governments for preventing such activities is legally binding under the
cease-fire established by the parties in June 1967.
Answer to Question Three:
Israel agrees to respect, and acknowledge the sovereignty, territorial
integrity and political independence of,neighbouring Arab States; this principle
would be embodied in peace treaties establishing agreed boundaries.
Answer to Question Four:
Israel accepts the right of Jordan, Lebanon, the United Arab Republic and
other neighbouring States to live in peace within secure and recognized
boundaries,free from threats or acts of force. Explicit and unequivocal
reciprocity is Israel's only conditions for this acceptance. "Acts of force"
include all preparations, actions or expeditions by Irregular or para-military
groups or by individuals directed against the life, security or property of
Israel in any part of the world.
Answer to Question Five:
Secure and recognised boundaries have never yet existed between Israel and
the Arab States; accordingly,they should now be established as part of the
peace-making process. The cease-fire should be replaced by peace treaties
establishing permanent, secure and recognized boundaries as agreed upon through
negotiation between the governments concerned.
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Answer to Question Six:
1
When permanent, secure and recognised boundaries are agreed upon and
established between Israel and each of the neighbouring Arab States, the
disposition of forces will be carried out in full accordance with the boundaries
,I determined in the peace treaties.
Answer to Question Seven: Lgeneral question .a-7
The refugee problem was caused by the wars launched against Israel by Arab
States, and has been perpetuated through the refilsal of Arab States to
establish peaceful relations with Israel. In view of the human problems involved
in this issue Israel has expressed its willingness to give priority to the
attainment of an agreement for the solution of this problem through regional and
international co-operation. We believe that agreement could be sought even in
advance of peace neogitations.. We suggest that a conference of Middle Eastern
States should be convened, together with the Governments contributing to refugee
relief and the Specialised Agencies of the United Nations, in order to chart a
five-year plan for the solution of the refugee problem inthe framework of a lasting
peace and the integration of refugees ipt0 productive life. This conference can be
called in advance of peace negotiaticns.
Joint refugee integration and rehabilitation commissions should be established
by the governments concerned in order to work out agreed projects for refugee
integration on a regional basis with international assistance.
In view of the special humanitarian nature of this issue we do not make
agreement on plans for a solution of the refugee problem contingent on agreement
on any other aspect of the Middle Eastern problem. For the same reason it should
not be invoked by Arab States to obstruct agreement on other problems.
Answer to Question Eight: Lzeneral question 91
The effective -rantee for the territorial Inviolability and political
independence of States lies in the strict observance by the @vernments of their
treaty obligations. In the context of peace providing for full respect for
the sovereignty of States and the establishment of agreed boundaries, other
security measures may be discussed by the contracting governments.
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Answer to Questions Nine and Ten: /&veral questioix 10 and lzj
Without prejudice to what is stated in answer to Question Eight, it is
pointed out that experience has shown that the measures mentioned in Questions
Nine and Ten have not prevented the preparation and carrying out of aggression
against Israel.
Answer to Question Eleven: &meral question 1kT
Peace must be juridically expressed, contractually defined and reciprocally
binding in accordance with established norms of international law and practice.
AccordinpJy, Israel's position is that the peace should be embodied in bilateral
peace treaties between Israel. and each Arab State incorporating all the agreed
conditions for a just and lasting peace. The treaties, once signed and ratified,
should be registered with the Secretariat of the United Nations in accordance with
Article 102 of the United Nations Charter.
2 April 1969
/ . . .
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C. REPLY OF THE GOVERNMEXT OF JORDAN
(Received by Ambasso(!or Jarring in Nicosia on 24 March 1969)
23 March 1969
Your Excellency,
Following are the answers of my Government to the questions which you
presented to us in Amman, on Sai;urday, 8 March 1969. The answers as numbered,
hei-eunder, correspond to youi' questions.
These awwers explain !my Government's position, which posi-tion has
repeatedly been statea to You.2 ~Excellency throughout our pas~t meetings.
May I take this opportliniby to express to yzu my covtinued sincere wishes
for your success in the importan~i mission with which you ?re eiltrusted.
Yours sincerely,
(S-Lip+nLe--d ) Abdul Monem RIFA'I
Minister of Forei{iin A:Ifairs
His Excellency,
Ambassador Gunnar Jarring
Special Representative to
The Secretary-General of
The United Nations.
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Answer (1)
Jordan, as it has declared before, accepts the Security Council resolution
242 (1967) and is ready to implements it in order to achieve a peaceful and
accepted settlement in accordance with the provisions and principles contained
in the resolution. "
&mder (2)
Jordan agrees to pledge termination of all claims or states of belligerency.
Such a pledge becomes effective upon withdrawal of Israeli forces from,all Arab
territories which Israel occupied as a result of its aggression of 5 June 1967.
A pledge by Israel to terminate the state of belligerency would be
meaningful only when Israel withdraws its forces from all Arab territories it
occupied since 5 June 1967.
Answer (3)
On 5 June 1.967 Israel ltaunched its aggression against three Arab States,
violating their sovereignty and territorial integrity. Agreement to pledge
respect for and xknowledgement of the sovereignty, territorial integrity and
political 'independence of every State in the area requires the termination by
Israel of its occupation and the withdrawal .of its forces from all the Arab
territories it occupied as a result of its aggression of 5 June.
Answer (4)
Jordan accepts the right of every State in the area tc !.ive in peace within
secure and recognized boundaries free from threats or acts of force, provided
that Israel withdraws its forces from all Arab territories it occupied since
5 ,June 1967, and implements the Security Council resolution of 22 November 1967.
Axwer (5)
When the question of Palestine was brought before the United Nations in 1947,
the General Assembly adopted its resolution 181 (II,) of 29 November 1947 for
the partition of Palestine and defined Israel's boundaries.
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Answer (6) -&eenera~ question 57
It has always been our position that the just settleme& of the refugee
I problem is embodied in tiaragraph 11 of the General Assembly resolution 194 of
Decetiber 1948 which has been repeatedly,reaffirmed by each and every
2 Gener'al Assembly session ever since ,its adoption.
If a plan on the basis of that paragraph is presented for consideration io
the par-iies concerned, its accepiance by the parties and i;he declaration of their
in-tent.ion to implement it in :ood faith, with adequate guaran,iees for its full
implementation, would just;ifg r the implementation of the other provisions of the
resolution.
Answer (7) (8) -henera questions 9 and iii
We do no', believe thai; the establishment 3f deinilitarized zones is a
necessi,ty. However, Jordan shall not oppose the establishment of such zoties if
they are as.tride the boundaries.
Answer (9) -&eeneral question 127
In case demilitarised zones are established Jordan accepts that such zones be
supervised and mai&ained by the United Nations.
Answer (10) -benera question li7
In view of our past experience with Israel and her denuncia.tion of' four,
agreements signed by her wii;h ~Arab States we consider that the instrument to be
signed by Jordan engaging her to carry out her obligations, would be, addressed
to the Security Council. Israel would likewise sign and address .to the
Security Council an instrument engaging'her to carry out her obligations
emanating from the Security CounciL resolution of 22 November 1967. The
endorsemenb by the Security Council of these documents would constitute the final
multiLa.teral act of agreement.
/ . . .
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D. REPLY OF THE GOVERNMENT OF LEBANON
(Received by Ambassador Jarring in Moscow on 21 April 1969)
. . .
In reply‘to the questionnaire which Your Excellency addressed to me on
14 March 1969, I have the honour, on behalf of the Lebanese Government, to inform
you of the following:
Lebanon is essentially involved in the general context of the Israeli-Arab
conflict - and, therefore, in the consequences of the war launched by Israel on
5 June 1967 - because of its brotherly solidarity with the Arab States and of the
threats which are constantly directed at it by Israel.
Lebanon is justified in considering, however, that the armistice agreement
which it concluded with Israel on 23 March 1949 remains valid, as indicated in its
message of 10 June 1967 to the Chairman of the Mixed Armistice Commission and as
confirmed by U Thant, Secretary-General of the United Nations, in his report to
the General Assembly of 19 September 1967. In that report, Mr. Thant, referring
to the actual text of the agreement, said that it could be revised or suspended
only by mutual consent. In view of Lebanon's circumstances, now and in the past,
the armistice lines have, of course, never been changed. These lines, it Yhould
be noted, cwrespond to the frontiers of Lebanon which have always been
internationally recognized Jon bilateral and multilateral diplomatic instruments
as well as by the League of Nations and the United Nations. Lebanon participated
actively in the drafting of the United Nations Charter asd was admitted in its
present form and structure .to membership in the Organization. Its frontiers have
not undergone any de facto ,or -d-e .iure alteration as a result of the cease-fire
decisions taken by the Security Council after 5 June 1967.
It may be appropriate to state the above-mention&d facts, more particularly
with a view to explainir?g the nature and character of the 0x1~ reply which we are
in a position to give to the questionnaire sent to us by Your Exce3.lency on
14 March ly6y.
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In this reply, which reflects the position taken by Lebanon s,t inter-Arab
conferences, we proclaim Lebanon's support of the position of the Arab States
whose territory has beenoccupied by Israel and which have accepted the Security
I Council's decision of 22 November 1967.
The present,note is consistent with the spirit of the'talks which you have
9 already held with various Lebanese officials.
Accept, Sir, the assurances of my highest consideration.
(Signed) Yousset SALEM
Minister for Foreign Affairs
/ . . .
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E. REPLY OF T!IE CCfi/EHNMENT OF THE UNITED ARAB REPTJBLIC
(Handed to Ambassador Jarring in Cairo by the Minister for Foreign
Affairs of the United Arab Repllblic on 27 March 1967)
The memorandum handed to you on 5 March 1969 during your recent visit to
Cairo clearly expresses the realities of the present situation. In its
items 1 to 7, the merwr::?d:um gives a clear restatement of the position of the
United Arab qepublic which is .based on the acceptance of the Security Council
resolution 242 of 22 Nwember 1.967, and its readiness to carry out the
obligations emanating therefrom.
The memorandum also cleai1.y expounds Israel's persistance in rejecting
the Security Council resolution and its refusal to carry out its obligations
emanating from it as well as I:srael's plans for annexation of Arab lands
through war; a policy not only prohibited by the Chart& of the United Nations
but also violates the Security Council resolution which specifically emphasises
the inadmissability of the acquisition of territory by war. It has become
obvious that Israel, in its endeavour to realize its expansionist aims, is no
longer satisfied with the actual rejection of the Securi.ty ICouncil resolution",
but actively works against it.
The same memorandum also states Israel's expansion plan as revealed hy the
quoted statements of Israeli 'leaders. This plan aims at:
1. Annexation of Jerusalem;
2. Keeping the Syrian Heights under its occupation;
3. Occupation of the West Bank in Jordan and its complete domination,
practically terminating Jordan's sovereignty in that part;
4. Ec6nomic and administrative integration of the Gaza strip into Israel
and the' systematic eviction of its inhabitants;
5. Cccupation of Sharm El-Sheikh and the Gulf of Aqaba area as well as
the continued military presence'in eastern part of Sinai;
6. The establishment of Israeli settlements in occupied territories.
This Israeli ,position constitutes a flagrant violation,and clear rejection
of the Security Council r&soiution of 22'November 1967 and of the peackful
settlement for which it provides.
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In the light of these undeniable facts, I find it incumbent upon me to state
categorically, at the, outset of the replies to the specific questions you
I addressed to the United Arab Republic on 5 March 1969, that all the.answers
of the United Arab Re;;ublic, which reaffirm its acceptance of the Security Council
a resolution and its. readiness to carry out the obligations emanating from it
require, likewise, that Israel accept the resolution and carry out all its
obligations emanating from it and in particular withdrawal from all Arab
territories it occupied as a result of its aggression of 5 June 1967.
Question (1)
The United Arab Republic, as it has declared before, accepts the Security
Council resolution 2'42 (1967) and is ready to implement it in order to achieve
a peaceful and accepted settlement in accordance with the provisions and
principles contained therein.
Question'(2)
The United Arab Republic agrees to pledge termination of all claims or
state of belligerency. Such a pledge becomes effective upon withdrawal of
Israel's forces from all Arab territories occupied as a result of Israel's
aggression of 5 June 1967.
A declaration by Israel terminating the state of belligerency would be
meaningful only when Israel withdraws her forces from all Arab territories it
occupied since 5 June 1967.
Question (3)
On 5 June 1967, Israel launched its aggression against three Arab States
violating their sovereigntyxand terfitorial integrity. Acceptance by the
United Arab Republic to pledge respect for and aoknowledgement,of~the
sovereignty, territorial integrity and political independence of every State in
the area requires the termination by Israel of its occupation and the withdrawal
of its forces from all the Arab territories it occupied ,as a result of its
aggression of 5 June, and the full implementation of the Security Council
resolution of 22 November 1967.
/ . . .
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The United Arab Republic accepts the right of every State in the area'to live
in peace within secure and rrcognizcd boundaries free from threats or acts of
force, provided that Israel ?:ithdraws its forces from all Arab territories
occupied as a result of itn ;xggressior of 5 June 1967, and implements the
Securi.ty council ~esolu.~~;.::sr~o f 2~ ~lvenber 1967.
-Q-- uestion (5)
When the guestio!: !.:!' %.:iestir~e was brought before the United Nations in
1947, the General Assc:;;bly aLopted its resolution 181 of 29 November 1947, for
the partiticr of Palestine a::.% defined Israel's boundaries.
~Q-u_e_s.^ti.o n ( 6'j .Z- mer~3~~. question fl
We have iixlared our readiness to ialplement all the provisions of the
Securit.;~~ Ccur::?ii resolution covering, inter alia., the freedom of navigation in
international waterways in .the area; provided .that Israel, likewise, implements
all prohsions of the Security Council resolution.
-Q.-u_e-.s-.t-io- n i-0 ~~eneral question 8-7
It has al.ways been ou position that the just settlement of the 23!pee
problem is embodied in paragraph 11 of' the General Assembly resolution 194 of
December 1948, which has been unfailingly rejffirmed by each and every General
Assembly sessicn ever since its adoption.
If a plan on the basis of that paragraph is presented for consideration to
the parties concerned, its acceptance by the parties and the declaration of their
intention to implement it in good faith, with adequate guarantees for its i%ll
implementation would justify the implementation of the other provisions of the
Security Council resolution.
guestions --_(8_) , (9) j&era1 questions 9 and lg
We do not believe that the establishment of demilitarized zones is a
necessity. However, the Urited Arab Republic will not oppose the establishment
of such zones if they arc astride the boundaries.
I . . .
Question IlO) &eneral question 137
In case demilitarized zones are established the United Arab Republic accepts
that such zones be supervised and :v!aintained by the United Nations.
4 Question (II.1 -@enezra question lq
In view of our past experience with Israel and her denunciation of four
agreements signed by her with Arab States, we consider that the instrument
to be signed by the United Arab Republic engaging her to carry out her
obligatiotis, should be addressed to the Security Council. Israel should,
likewise, sign and address to the Security Council an instruluent engaging her
to carry out her obligations eolanating from the Security Council Resolution of
22 Novelilber 1967. The endorsement by the Security Council of these documqts
would constitute the final multilateral ddcument.
Cairo, 2'7 March 1969
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ANNEX II
AIDE-MEMOIRE PRESENTED TO ISRML AND THE UNITED ARAB REPUBLIC
9 BY,AMBASSADORJ-A RRING ON 8 FEBRUARY 1971 &/
3 I have been following with a mixture of restrained optimism and growing
concern the resumed discussions under my auspices for the purpose of arriving at
a peaceful settlement of the Middle East question. My restrained optimism arises
from the fact that in my viewthe parties are seriously defining their positions
and wish to move forward to a permanent peace. My growing concern is that each
side unyieldingly insists that the other make certain commitments before being
ready to proceed to the stage of formulating the provisions to be included in a
final peace agreement. There is, as I see it, a serious risk that'we shall find
ourselves in the same deadlock as existed during the first three years of my
mission.
I therefore feel that I should at this stage make clear my views on what
I believe to be, the necessary steps to be taken in order to achieve a peaceful
and accepted settlement in accordance with the provisions atid principles of
Security Council resolution 242 (1967), which the parties have agreed to carry
out in all its parts.
I have come to the conclusion that the only possibility to break the
imminent deadlock arising from the differing views of Israel and the United Arab
Republic as to the priority to be given to commitments and undertakings - which
seems to me to be the real cause for the present immobility - is for me to seek
from each side the parallel and simultaneous commitments which seem to be'
inevitable prerequisites of an eventual peace settlement between them. It should
thereafter be possible to proceed at once to formulate the Tovisions and terms
of a peace agreement not only for those topics covered by the commitments, but
with equal priority for other topics, and in particular the refugee question.
Specifically, I wish to request the Governments of Israel and the United
Arab Republic to make to me at this stage the following prior commitments
simultaneously and on condition that the other party makes its ccmmitment and
.-__-.---_
&/ In presenting the aide-m6moire, AmbassadorJarring added the following
interpretation:
"I interpret p. ractical security measures in the Sharm zl.Sheikh area for guaranteeing freedom of navigation through the Straits of
Tiran to mean arrangements for stationing a United Nations force in
the area f?r this purpose."
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subject to the eventual satisfactory determination of all other aspects Of a
peace settlement, including in particular a just settlement of the refugee
problem:
Israel would give a commitment to withdraw its forces from occupied
United Arab Republic territory to the former international boundary between
Egypt and the British Mandate of Palestine on the understanding that
satisfactory arrangements are made for:
(a) Establishing demilitarized zones;
(b) Practical security arrangeinents in the Sharm el Sheikh area for
guaranteeing freedom of navigation through the Straits of Tiran; and
(c,) Freedom of navigation through the Suez Canal.
The United Arab Republic would give a commitment to enter into a peace
agreement 55th Israel and to make explicitly therein to Israel, on a reciprocal
basis, undertakings and acknowledgements covering the following subjects:
(a) Termination of all claims or states of belligerency;
(b) Respect for and acknowledgement of each other's sovereignty,
territorial integrity and political independence;
(c) Resp,ect for and acknowledgement of each other's right to live in
peace within secure and recognized boundaries;
(d) Responsibility tn do all in their power to ens& that acts of
belligerency or hostility do not originate from or are not committed from within
their respective territories against the population, citizens or property of the
other party; and
(e) Non-interference in each other's domestic affairs.
In making the above-mentioned- suggestion I am conscious that I am requesting
both sides to make serious commitments but I am convinced that the present
situation requires me to take this step.
k
‘S
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ANNEX III
AIDE-MEMOIRE PRESENTED TO A?4BASSADORJA RRING BY THE
UNITED ARAB REPUBLIC ON 15 FEBRUARY 1971
The United Arab Republic has informed Your Excellency, that it accepts to
to carry out - on a reciprocal basis - all its obligations as provided for in
Security Council resolution 242 (1967) with.a view to achieving a peaceful
settlement in the Middle East. On the same basis, Israel should carry out all its
obligations contained in this resolution.
hefcrring to your aide-memoire of 8 February 1971, the United Arab Republic
would give a commitment covering the following:
1. Termination of all claims or states of belligerency;
2. Respect for and acknowledgement of each other's sovereignty, territorial
integrity and political independence;
3. Respect for and acknowledgement of each other's right to live in peace
within secure and recognized boundaries;
4. Responsibility to do all in their power to ensure that acts of
belligerency or hostility do not originate from or are committed from within the
respective territories agaicst the population, citizens or property of the other
party; and
5. Non-interference in each other's domestic affairs.
The United Arab Republic would also give a commitment that:
6. It ensures the freedom of navigation in the Suez Canal in accordance
with the 1888 Constantinople Convention;
7. It ensures the freedom of navigation in the Straits of Tiran in accordance
with the principles of international law;
8. It accepts the stationing of a United Nations Peace-keeping Force in the
Sharm el Sheikh; and
9. To guarantee the peaceful settlement and the territorial inviolability of
every State in the area, the United Arab Republic yould accept:
(a) The establishment of demilitarized zones astride the borders in equal
distances;
(b) The establishment of a United Nations Peace-keening Force in which the
four permanent members of the Security Council would participat&.
,/ . . .
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ANNEX IV
COMMUNICATION PRESENTED TO AMBASSADORJ ARRING
BY ISRAEL ON 26 FEBRUARY 1971
Pursuant to our meetings on 8 February and 17 February, I 3~11in structed to
convey to you, and through you to the United Arab Republic, the following:
Israel views favourably the expression by the United Arab Republic of its
readiness to enter into a peace agreement with Israel and reiterates that i-t is
prepared for meaningful negotiations on all subjects relevant to a peace agreement
between the two countries.
The Government, of Israel wishes to state that the peace agreement to be
concluded between Israel and the United Arab Republic should, inter olie, include
the provisions set out below.
A. Israel would give undertakings covering th:e following:
1. ,Declared and explicit decision to regard the conflict between Israel
and the United Arab Republic as finally ended, and termination. of all claims and
states of war and acts of hostility or belligerency between Israel and the United
Arab Republic;
2. Respect for and acknowledgement of the sovereignty, territorial integrity
and political independence of the United Arab Republic;
3. Respect for and acknowledgement of the right of the United Arab Repihl_ic
to live in peace within secure and recognised boundaries;
4. Withdrawal of Israel armed forces from the Israel+Jnited Arab Republic
cease-fire line to the secure, recognised and agreed boundaries to be established
in the peace agreement. Israel will not withdraw to the pre-5 June 1967 lines;
5. In the matter of the refugees and the claims 'of both parties in this
connexion, Israel is prepared to negotiate with the Governments directly involved
on:
(a) The payment of compensation for abandoned lands and property;
(b) Participation in the planning of the rehabilitation of the refugees in
the region. Once the obligation of the parties towards the settlement of the
refugee issue have been agreed neither party shall be under claims from the other
inconsistent with its sovereignty;
6.. The responsibility for ensuring that no war-like act, $r act of violence,
by any organisation, group or individual originates from or is cqxnmi'tted in the
territory of Israel against the population, armed forces or property of the
United Arab Republic;
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7. Nop-interference in the domestic affairs of the United Arab Republic;
8. Non-participation by Israel in hostile alliances against the United
Arab Republic znd the prohibition of stationing of troops of other parties which
maintain a state of Selligtren:y azr:.ii?st then United Arab Republic. .
B. The Unite--d Arab__ ._&_p_u- blic - undertakings in the peace agreement with Israel
would include:
1. Declared and.explicit decision 'to regard the conflict between the United
Arab Republic and Israel as finally ended and termination of all claims and states
of war and ,acts of hostility or belligerency between the,United Arab Republic and
Israel;
2. Respect for and acknowledgement of the sovereignty, territorial integrity
and political independence of Israel;
3. Respect for and acknowledgement of th,e right of Israel to live in peace
within secure and recognized 'boundaries to be determined in the peace agreement;.
4. The responsibility for ensuring that no war-like act, or act of violence,
by any organization , group or individual originates from or is committed in the
territory of the United Arab Republic against the population, armed forces or'
property of Israel;
5. Non-interference in the domestic affairs of Israel;
6. An explicit undertaking to guarantee free passage for Israel ships and
cargoes through the Suez Canal;
7. Termination of economic warfare in all its manifestations, including
boycott, and of interference in the normal international relations of Israel;
8. Non-participation by the United Arab Republic in hostile alliances
against Israel and the,prohibition of stationing of troops of other parties which
maintain a state of belligerency against Israel.
The United Arab Republic and Israel should enter into a peace agreement with
each other to be expresSed in a binding treaty in accordance with normal
international law and precedent, and containing the above undertakings.
The Government of Israel believes that now that the United Arab Republic has
through Ambassador Jarring expressed its willingne,ss to enter into a peace
agreement with Israel, and 'both parties have presented their basic positions, they
should now pursue their negotiatirrns in a detailed and concrete manner without
prior conditions so as to cover all the points listed in !heir respectiVe
documents with a view to concluding a peace agreement.
-----
Distr.
GENERAL
S/12233
17 November 1976
ORIGINAL: ENGLISH
NOTE BY THE PF0ZXDENT OF TI%5 SECURITY COUNCIL
At its 1969th meeting, held on 11 November 1976, the Security Council con,tinued
its consideration of the situation in the occupied Arab territories, discussion of
which had been requested by the Permanent Representative of Egypt to the United
Nations in a letter dated 20 October 1976 (s/12218). At that meeting, the
President of the Security Council read the following statement, on which the
members of the Council had agreed:
"As a result of consultations over which I presided with all members of
the Council, I am authorized as President to make the following statement on
behalf of the Council.
'Following the request submitted by Egypt on 20 October 1976, the
Security Council held four meetings between 1 November and
11 November 1976 to consider the situation in the occupied Arab
territories, with the participation of the representative of the
Palestine Liberation Organization. After consulting all the members, the
President of the Council states that the Council has agreed on the
following:
'(1) To express its grave anxiety and concern over the present
serious situation in the occupied Arab territories as a result of
continued Israeli occupation;
'(2) Reaffirmation of its call upon the Government of Israel to
ensure the safety, welfare and secwity of the inhabitants of the
territories and to facilitate the return of those inhabitants who have
fled .the areas since the outbreak o:f hostilities;
'(3) Its reaffirmation that the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War is applicable to the
Arab territories occupied by Israel since 1967. Therefore, the occupying
Power is called upon once again to comply strictly with the provisions of
that Convention and to refrain from any measure that violates them. :m
this regard the measures taken by Israel in the occupied Arab territories
that alter their demographic composition or geographical nature and
particularly the establishment of settlements are accordingly strongly
deplored. Such measures which have no legal validity and cannot
prejudice the outcome of the search for the establishment of
peace constitute an obstacle to peae;
76-23589 / . . .
S/12233
English
Page 2
'(4) It considers once more that all legislative and administrative
IlEaSWeS and actions taken by Israel, including expropriation of
land and properties thereon and the transfer of populations which tend to
change the legal ststus of Jerusalem, are invalid and cannot change that
status, and urgently calls upon Israel once more to rescind all such
measures already taken and to desist forthwith from taking any further
action which tends to change the status of Jerusalem. In this connexion
the Council deplores the failure of Israel to show any regard for
Security Council resolutions 237 (1967) of 14 June 1967, 252 (1968) of
21 May 1968 and 298 (1971) of 25 September 1971 and General Assembly
resolutions 2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1967;
'(5) Its recognition that any act of profanation of the Holy
Places, religious buildings and sites or any encouragement of, or
connivance at, any :such act may seriousljr endanger international peace
and security.
'The Council decides to keep the situation under constant attention
with a view to meeting again should circumstances require.'"
Kampuchea and Romania to participate, without vote,
in the discussion of the question.
At its 2134th meeting, on 22 March 1979, the Council
decided to invite the representative of Saudi Arabia
to participate, without vote, in the discussion of the
question.
Resolution 446 (1979)
of 22 March 1979
The Security Council,
Having heard the statement of the Permanent Representative
of Jordan and other statements made before
the Council,
Stressing the urgent need to achieve a comprehensive,
just and lasting peace in the Middle East,
Affirming once more that the Geneva Convention relative
to the Protection of Civilian Persons in Time of
War, of 12 August 1949,10 is applicable to the Arab
territories occupied by Israel since 1967, including
Jerusalem,
1. Determines that the policy and practices of Israel
in establishing settlements in the Palestinian and other
Arab territories occupied since 1967 have no legal validity
and constitute a serious obstruction to achieving a
comprehensive, just and lasting peace in the Middle East;
2. Strongly deplores the failure of Israel to abide by
Security Council resolutions 237 (1967) of 14 June
1967, 252 (1968) of 21 May 1968 and 298 (1971) of
25 September 1971, by the consensus statement made
by the President of the Council on 11 November 197611
and by General Assembly resolutions 2253 (ES-V) and
2254 (ES-V) of 4 and 14 July 1967, 32/5 of 28 October
1977 and 33/113 of 18 December 1978;
3. Calls once more upon Israel, as the occupying
Power, to abide scrupulously by the Geneva Convention
relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, to rescind its previous measures
and to desist from taking any action which would result
in changing the legal status and geographical nature and
materially affecting the demographic composition of the
Arab territories occupied since 1967, including J erusalem,
and, in particular, not to transfer parts of its own
civilian population into the occupied Arab territories;
4. Establishes a commission consisting of three
me~bers of the Security Council, to be appointed by the
President of the Council after consultation with the
members of the Council, to examine the situation relating
to settlements in the Arab territories occupied since
1967, including Jerusalem;
10 United Nations, Treaty Series, vol. 75, p. 287.
11 Official Records of the Security Council, Thirty-first Year
1969th meeting. '
4
5. Requests the Commission to submit its report to
the Security Council by 1 July 1979;
6. Requests the Secretary-General to provide the
Commission with the necessary facilities to enable it to
carry out its mission;
7. Decides to keep the situation in the occupied
territories under constant and close scrutiny and to
reconvene in July 1979 to review the situation in the
light of the findings of the Commission.
Adopted at the 2134th meeting
by 12 votes to none,
with 3 abstentions (Norway,
United Kingdom of Great
Britain and Northern Ireland,
United States of America).
Decisions
In a letter dated 13 March 1979,12 the SecretaryGeneral
informed the Security Council that, in accordance
with the decision of the Government of Iran, the
Iranian battalion would be repatriated from the United
Nations Disengagement Observer Force. He proposed
to transfer a company of the Finnish battalion of the
United Nations Emergency Force to the Force as a stopgap
measure of limited duration. In a letter dated
14 March, 13 the President of the Council informed the
Secretary-General as follows:
"I have brought your letter of 13 March 1979 to
the attention of the members of the Security Council.
They considered the matter in informal consultations
on 14 March and agreed with the proposal contained
in your letter.
"The representative of China has informed me that
China dissociates itself from the matter."
In a note dated 3 April 1979, 14 the President of the
Council stated that, following consultations with the
members of the Council, agreement has been reached
that the Commission established under paragraph 4 of
resolution 446 (1979) would be composed of Bolivia,
Portugal and Zambia.
At its 2141st meeting, on 26 April 1979, the Council
proceeded with the discussion of the item entitled:
"The situation in the Middle East:
"Interim report of the Secretary-General under
Security Council resolution 434 (1978) concerning
the United Nations Interim Force in Lebanon
(S/13258);15
12 Ibid., Thirty-fourth Year, Supplement for January February
and March 1979, document S/13166. '
13 Ibid., document S/13167.
14 Ibid., Supplement for April, May and June 1979 document
S/13218. '
15 Ibid., Supplement for April, May and June 1979.
UNITED NATION§
SECURITY
COUNCle
Distr.
GENERAL
S/13450
12 July 1979
ORIGINAL: ENGLISH
RE:PORT OF THE SECURITY COUNCIL COMWSSION ESTABLISHED UNDER
RESOLUTION 446 (1979)
CONTENTS
Paragraphs Pap,e
Letter of transmittal ..........................
I. Introduction ...................... 1 - 29
II. Visit to the area .................... 30 - 212
A. Organization of the visit .............. 30 - 42
B. Visit to the Hashemite Kingdom of Jordan
(20-26 May 1979) .................. 43 - 104
(a) Meetings with government officials ....... 43 - 69
(b) Visit to the Jordan River Valley and to a
refugee camp .................. 70 - 79
(c) Hearings .................... 80 - 104
C. Visit to the Syrian Arab Republic (26-29 May 1979) . 105 - 135
(a) Meetings with government officials ....... 105 - 125
(b) Visit to Quneitra ............... 126 - 129
(c) Hearings .................... 130 - I.35
D. Visit to Lebanon (29-30 May 19'79) .......... 136 - 152
E. Visit to the Arab Republic of Egypt
(30 May-l June 1979) ................ 153 - 184
(a) Meetings wit!1 government officials ....... 153 - 166
(b) Hearings .................... 167 - 181
(c) Private meeting ................ 182 - 184
3
II
9
9
10
10
14
15
21
21
25
25
26
29
29
31
33 j
79-18599 I *..
S/1.3450
English
rage 2
CONTENTS (continued)
Paragraphs Page
F. Staterrents by the Chairman of the Palestine
Liberation OrganizatiOn (PLO) and other officials of
that organization . . . . . . . . . . . . . . . . . . 185 - 212 33
III. Conclusions and rrcommendations . . . . e . . . . . . . . 213 - 242 39
hlexes*
I. Summary of statements made at the fourth meeting of th? Commission
II. Summaries of testimony
III. List of settlements
IV. llap Of settlmY?nts
v. Documentation retained in the custody of the Secretariat
s The annexes are contained in volume II of th? present report.
/ . . .
s/13450
English
page 3
Letter of transmittal -
12 July 1979
In our capacity as members of the Security Council Commission established
under resolution 446 (1979), we have the honour to submit to you herewith the
report prepared by the Commission pursuant to paragraph 5 of the resolution
mentioned above.
This report was adopted unanimously today, 12 July 1979.
Accept, Sir, the assurances of OUT highest consideration.
(Simed) Leonardo MATHIAS, Portugal,
(Chairman)
Julio de ZAVALA, Bolivia,
f...
s/13450
English
Page 4
I. INTRODUCTIOX
A. @tablishment of the Commission
1. The Commission was established by Security Council resolution 446 (1979)
with the following mandate: "To examine the situation relating to settlements in
ihe Arab territories occupied since 1967, including Jerusalem".
2. By S. letter dated 23 February 1979 (S/13115) to the President of the
Security council, the Permanen-t Representative of Jordan to the United Nations
requested the convening of a meeting of the Council to consider the !!mxt ominous
and accelerating erosion of the status of Jerusalem and the rest of the occupied
Arab territories in consequence of the Israeli occupation authorities' systematic,
relentless and deliberate policy and practice of settlements and colonization of
those territories which constitute a grave threat to international peace and
security".
3. In response to that request, the Security Council considered the item
entitled "The situation in the occupied Arab Territories" at its 2123rd to 212&h,
2131st and 2134th meetings held between 9 and 22 March 1979.
4 . The relevant documentation before the Council included, i-n ter alia,
ia) A letter dated 7 March (document S/13149) from Jordan transmittinE
a iuap and a list of Israeli settlements in the occupied West Eank, along with
a letter from the Chairman of the Islamic Commission in Jerusalem to the Prime
Minister of Jordan, stating that the Israeli authorities were transforming the
Mosque of Uebron into a Jewish synagogue;
(b) A letter dated 2 March (document S/13132) from the Chairman of the
Committee on the Exercise of the Inalienable Rights of the Palestinian People
to which were annexed a list of press reports, maps and other documents relating tom
the situation in the occupied territories.
5. Statements made before the Security Council, includinp those vade by
Jordan and Israel, may be found in documents S/PV.2123 to S/PV.212II, S/PV.2131
and upv.2134.
6. At the 2134th meeting on 22 March 1979, the Council adopted resolution
446 (1979) which reads as IOLIOYIS:
The Security Council,
Having heard the 5tatemen.t of the Permanent Representative of Jordan
and other statements made be'ore the Council,
Stressing the urgentneed to achieve a comprehensive, just and lasting
peace in the Middle East,
/...
s/134.50
English
Page 5
Affirmin& once more that the Fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 1949 is applicable
to the Arab territories occupied by Israel since 1967, including Jerusalem,
1. Determines that the policy and practices of Israel in establishing
settlementsin the Palestinian and other Arab Territories occupied since 1967
have no legal validity and constitute a serious obstruction to achieving:
a comprehensive, just and lasting peace in the Middle Cast;
Stronp& deplores the failure of Israel to abide by Security Counci
resolztions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968 and
290 (1971) of 25 September 1971 and the consensus statement by the President
of the Security Council on 11 November 1976 and General Assembly resolutions
2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1967, 32/5 of 28 October 1977
and 33/113 of 18 Cecember 1978;
3. Cil.ls once more upon Israel, as the occupying; Power, to abide
scrupuloui;ly by the 1949 Fourth Geneva Convention to rescind its previous
measures and to desist from tskine any action which would result in charxine
the legal status and geographical nature and materially affecting the
demographic composition of the Arab territories occupied since 1967, including
Jerusalem, and, in particular, not to transfer parts of its own civilian
population in.Lo the occupied Arab territories;
4. Establishes a Commission consisting of three members of the Security
Council, tobe appointed by the President of the Council after COnSdtatiOn
with the members of the Council, to examine the situation relating to
settlemen-ts in the Arab territories occupied since 1967, including Jerusalem;
5. Requests the Commission to submit its report to the Security
Council by 1 July 1979;
6. Requests the Secretary-General to provide the Commission with the
necessary facilities to enable it to carry out its mission;
7. Cecides to keep the situation in the occupied territories under
constant and close scrutiny and to reconvene in July 1979 to review the
situation in the light of the findiws of the Commission.
B. Composition, mandate and organization of the work of
the Commission
7. In a note dated 3 April (s/13218), the President of the Council stated
that -CollowinC: his consultations with the members of -the Council, an agreement had
been reached, according to which the Commission established under parZU3raph iJ, Of
resolution 446 (1979) mentioned above would be composed of Bolivia, Portugal and
Zambia.
8. At its'first meeting held in Mew York on 10 April 1979, the Commission
decided that its chairmanship would be assumed by Por,tu@l.
s/13450
English
Page 6
9. 1l-1 Ol"r;iniZiLIE its programme Of work in order to fulfil its mandate, the
Commission considerea the modalities it snould follow "to examine the situation
relating to settlements in the Arab territories occupied since 1967, including
Jerusalem".
10. The Commission decided, as a first step, to establish direct contacts
with the parties involved in the matter with a view to seeking their co-operation
in the fulfilment of its mandate and also to enter into consultations with relevant
United Nations bodies which rnicht be in a position to supply useful information.
C. wquets to the parties for co-operation
11. On 13 April 1979, letters were sent to the Permanent Representatives,of
IQypt, Jordan, Lebanon and the Syrian Arab Republic requesting that the Commission
be provided as soon as possible with all available information pertinent to its
mandate and informing them that the Commission w&s contemplating to visit the area
during the rr,onth of May 1979.
12. Also on 13 April, a similar letter was sent to the Permanent Representative
Representative of Israel pointing out in addition that his Government's
co-operation in facilitating the proposed visit of the Commission to the
territories in question would be greatly appreciated.
13. Requests for information were also addressed to the Chairman of the
Special Committee to Investi:?ate Israel1 Practices Affecting the Human Rights
of the Population in the Occupied Territories and the Chairman of the Committee
on the Exercise of the Inalienable Rights of the Palestinian People.
14. On 30 April the Commission sent a letter to the Permanent Observer
of the Palestine Liberation Organization, drawing his attention to its mandate
and requesting any relevant information.
15. In their replies dated 17, 17 and 25 April respectively, the Pern;anent
Representatives of Lebanon, Jordan and Egypt assured the Commission of their
Governments' full co-operation in the implementation of its mandate. The reply
from Jordan included a personal message of support from His Royal Highness,
Crown Prince Hassan.
16. Assurances of co-operation and assistance were also received from the
Committee on the Exercise of the Inalienable Rights of the Palestinian People
and from the Special Committee to Investigate Israeli Practices Affecting the
Human Rights of the Population of the Occupied Territories.
17. At the 3rd meeting, on 26 April, the Chair?an informed the Commission .~
of the results of his efforts to establish contact with the Permanent Mission
of Israel, in order to exchange views on the way in which the Commission intended
to fulfil its mandate and on the degree of co-operation it might receive from
the Government of Israel. In response, the Representative of Israel had stated
to the Chairman that the Israeli Government had nothing to hide concerning its
I . . *
I
5/134>u
English
Page 7
actions in the territories under its control; that the situation there had been
freely examined by numerous impartial observers who had always confirmed the
statements made by the Israeli Government, and that his Mission was not prepared
to have any contact with the Commission.
18. After examining the serious consequences which might result from
Israeli's attitude concerning its work, the Commission decided that its Chairman
should report the matter to the President of the Security Council and draw his
attention to the fact that in such circumstances, the Commission would endeavour
to implement its mandate in spite of Israel's refusal. to allow the Commission
to proceed with its planned visit.
19. At the same 3rd meeting, the Chairman also reported on his discussions
with the Permanent Observer of the Palestine Liberation Orgsnization (PLO) who had
stressed PLO's full co-operation with the Commission.
20. At its 4th meeting on 30 April, the Commission met,with members of the
office of the Crown Prince of Jordan and with the Jordanian Permanent Representative,
who reiterated their Government's support and provided the Commission with documents
and maps relating to the question of settlements. The Commission met also with
the Chairman of the Committee on the Exercise of the Inalienable Rights of the
Palestinian People, who supplied the Commission with studies prepared by the
Committee on the question of the occupied territories. r_/
21. On 8 Flay, at the 6th meeting, the Chairman informed members that in
response to his d6marche concertline Israel's attitude, the President of the Council
had decided to remind the Permanent Representative in writing that the Commission
had not received any answer to its request for co-operation and to ask him of
Israel's intentions in that regard.
22. By letters dated 9 May 1979 to the ~Permanent Representatives of Egypt,
Jordan, Lebanon and the Syrian Arab Republic, the Commission indicated its
plans for a visit to the area and the type of information it was looking for.
By another letter of 11 May 1979, the Commission confirmed to the Permanent
Observer of the PLO that it would welcome the opportunity to meet Chairman
Yasser Arafat during its visit.
23. On the day of its 'departure for the area concerned, the Commission
received a copy of the reply sent by the Permanent Representative oft Israel to
the President of the Security Council. In that letter dated 17 May 1979, the
Israeli Representative informed the President that, in consideration Of the
circumstances in which resolution 446 (1979) had been adopted, the Government
of Israel had rejected that resolution in its entirety and accordingly could
not extend any form of co-operation to a Commission set up under it.
24 . men preparing its report at Headquarters, the Commission realized that,
in view of the heavy schedule of the security Council and also ths extensive
voluae of testimony and other documentary information received by the Commission
during its visit to the area, it would be difficult for the COrnmissiOn to report
l/ A summary of the statements made by the Jordanian representatives and by
the Chairman of the Committee on the Exercise of the Inalienable Rights of the
Palestinian People is reproduced in annex I.
,I...
s/13450
kglish
Page 6
to the Security Council by 1 July 1979> as called for in paragraph 5 of the
above-mentioned resolution. Accordingly, the Chairman of the Commission requested
the President of the Council that the time-limit for the report be postponed until
15 July 1979.
25. Following informal consultations with the other members of the Cduncil,
the President informed the Chairman that no member of the Council had any
objection to the Coiimnission's request. 21
26. The present report is based on elements of inforlration vhich were
gathered fror ::wious sources both at Headquunrters and durin:: the visit to the
area.
27. Volume I of this report relates in its first chapter the establishlrent
of the Commission by the Security Council and its work at Headquarters: in
chapter II, the Commission's visit to the area includin:: its exchanges of views
with Government authorities and with representatives of oreanizations. Chapter III
is devoted to conclusions and recommendations.
28. Volume II consists of the annexes appended to the reFort, which are as
follows:
Annex I: Summary record statements made at the 4tn meetin{; of the
Comission ;
Annex II: Sumaries of testimony;
Annex III: List of settlements;
Annex IV: Nap of settlements:
Annex V: rocumentation kept in the custody of the Secretariat.
29, The Present report was unanimously adopted on12 July 1979.
gJ See document S/13426.
I . . .
s/13450
English
Page 9
II. VISIT TO THE AREA
A. Organization of the visit
30. During its visit to the area, the Commission was composed of the following
IiEmberS:
Ambassador Leonardo Mathias (Portugal), Chairman;
Ambassador Julio de Zavala (Bolivia);
Dr. Kasulra Simwinji Mutulrwa (Zambia).
31. 'They were accompanied by two advisers:
Mr. Edgar Pinto (Bolivia);
Mr. Luis Crucho Almeida (Portugal).
32. A team of staff members from the Secretariat was assigned by the Secretary-
General to assist the Commission in its work.
33. The Commission decided that during the visit, it would hold consultations with
the Government authorities concerned and also receive, at hearings or individual
interviews, oral or written statements or testimony by other authorities,
organizations or private individuals.
34. It was also decided that while, as a general rule, the Commission considered
it preferable for the hearings, interviews and working meetings to be held
in camera, it could decide to hold public meetings should circumstances so require.
?%e Commission could also proceed to specific areas within the countries concerned
in order to examine the situation on the spot, whenever feasible, to hear
statements, to receive testimony and to obtain all possible information relevant to
its mandate.
35. It was further agreed that at the beginning of each series of hearings the
Chairman would outline the mandate of the Commission and draw attention to the fact
that the Commission expected the witnesses to confine their statements as much as
possible within the limits of that mandate. Furthermore, the Commission decided to
accept requests by witnesses who expressed the wish to remain anonymous for reasons
of safety.
36. Finally, a decision was taken that the Commission would keep a record of its
inquiry and would consider information particularly relevant to its mandate in
preparing its report. It would also decide which documentation it would annex to
its report bearing in mind that other elements of information obtained would be kept
in the custody of the United ;jations Secretariat.
37. The Commission organized its visit to the area as follows: the Hashemite
Kingdom of Jordan: 20.-26 May 1979; the Syrian Arab Republic: 25-29 Nay 1973;
Lebanon: 29.30 Flay 1979; the Arab Republic of Egypt: 30 May.-1 June 1979.
I . . .
s/13450
English
Page 10
38. In accordance with the decisions referred to above, the Commission met in each
country with the Government authorities. It also heard a number of witnesses and
visited various locations. In Jordan on 23 !$a~, the Commission went to the Jordan
River Valley, and on 24 ?lay to a refugee camp. In Syria on 28 Nay, the Commission
went to the location of the town of Quneitra.
39. In the course of its visit, the Corimission met l,tith representatives of the
Palestine Liberation Organisation.
40. The Commission received testimony from 42 witnesses, i.e., 22 in Amman
(including a written statement), 13 in Damascus and 7 in Cairo, and met spokesmen
from local associations. It received also some written documentation, photographs
ma maps.
41. The Conmission returned to Headquarters on 4 June 1979.
42. The Commission wishes to state that in the course of its visit to the area, it
received valuable assistance from the Governments and all those concerned in
carrying out its mandate. It benefited in particular from fruitful exchanges of
views and received informative replies to the points ren_uirinS clarification raised
by its members. The Commission therefore wishes to express its Sratitude to the
aforementioned for the co-operation extended to it.
B. Visit to the Flashemite Kingdom of Jordan (20-26 py 1979)
(a) -E leetinRs with _g-o--v--e,r-n,-m ent officials
43. The Commission arrived in Jordan on 20 :iay 1979.
44. The followinS day, the Commission had a workinS meeting in Amman at the flinistry
of Foreign Affairs where it was received by Mr. Hassan Ibrahim, lrinister of State
for Foreign Affairs; Mr. Adrian Abu Odeh 1 ilinister of Information and Head of the
Executive ~Bureau for Occupied Territories Affairs; Mr. Weal Almasri, Director of the
Political Affairs Division at the Ministry of For&En Affairs: %. Faleh Attawel,
Director, Department of International Organisations; Mr. A!cthem Qusus, Director,
United X&ions Department; ?Ir. Shavrkat !%hmoud, Director, Bureau of Occupied
Territories Affairs; and Mr. Georges Shamma, of the Permanent Nission of Jordan to
the United irations.
45. The F!inister of State for Foreign Affairs welcomed the members of the
Commission, wished them success in their "significant and delicate" mission and
exprwsed the hope that the Commission's efforts would help to brine about effective
international action towards a comprehensive, just and lastinS peace in the Middle
East. Israel'~s settlement policy, he said, which was repeatedly condemned by the
General Assembly, the Security Council and even Israel's own friends, was a
challenge to the United Nations and a violation of international law.
45. The Minister of State expressed the view that the task of the Commission was
rendered particularly difficult by the refusal of Israel to allow it to visit the
/ . . .
s/13450
English
Page 11
occupied territories. For its part, his Government was determined to do everything
possible to assist the mission in carrying out its mandate.
47. In reply to the statement by the I!inister of State for Foreign Affairs, the
Chairman of the Commission expressed. the members' appreciation for the warm welcome
afforded them. As an emanation of the Security Council, the Chairman said, the
Commission shared his apprehensions concerning the situation in the area and would
faithfully report its findings to the Security Council.
48. The Minister of Information then briefed the Commission on the situation
concerning the settlements in the occupied West Bank, which so far had reached a
total of 76 settlements, covering an area of approximately 370,000 dunums. 21 That
was only a part of thee 1.5 million dunums of which Israel had taken possession, and
which in turn was 27 per cent of the total area of the occupied West Bank.
49. Speaking of the meaning of the settlements for Israel ) Mr. Odeb quotea several
Israeli sources, including a recent statement attributed to the Israeli Minister of
the Interior, and others to officials of world Jewish organizations which indicated
that Israel's policy of settlements was a step towards the realization of the
primary Zionist goal, i.e. the creation of a purely Jewish State in the Middle East.
That goal required that space be readily provided for new immigrants until the local
Arab population could be outnumbered. The settlements ) he said, had always been
a "value" in the creed of Zionism.
50. As to the methods used by the Israeli authorities to acquire the land, they
included acquisition by virtue of the "Restricted areai' by,.-law, which authorized the
restriction of land for "security" reasons: the application of the "State domain"
policy to the -m- iri lands, which are private lands outside city limits with a
different legal status; the application of the "absentee ovner'l policy, under which
any Ilrab who was absent from the West Bank at the time'of the Israeli invasion had
his property seized; false transactions with Arab inhabitants; "green zones" policy
which permits land to be frozen, and thereby prevents its use by the legal ovners;
and expropriation for public use, the expropriated property being sold later to
private Jewish settlers. Approximately 329,000 dunums have been seized so far under
that policy.
51. Turning to the question of policy--making with regard to the settlements, the
Vinister of Information indicated that for the fiscal year 1973-1980, the Israeli
Government had allocated a sum of $US 200 million for the settiements. Those
settlements were under the control of the Government or non..governmental
organizations.
52,. Concerning governmental settlements, a ministerial committee~chaired by the
Israeli llinister ,of Agriculture was in charge of determining the, sites for new
settlements, finding the financial support and building the infrastructure.
.,_-
,/ 1 dunum = 1,000 square metres; 1,000 dunurns = 1 square kilometre.
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53. Non-governmental settlements were built under the supervision of various
organisations, including the para-military Nahal Movement for agricultural and
military settlements built close to the cease-fire lines, the Gush Emunim, the
Settlements Department of the Jewish Appeal Fund, the Moshav and other
or,ganizations.
54. Mr. Odeh then spoke of Israel's policy on the allotment of water resources in
the occupied \,Jest Bank. The West Bank, he said, depended mostly on ground water.
The policy of Israel in that regard was to consider the area as one geological
basin. Accordingly, it had adopted certain restrictive policies against the Arab
farmers, such as the interdic.tion of drilling artesian wells without a special
permit. By contrast Israeli authorities had drilled 24 wells for the exclusive use
of Jewish settlers, mostly in the Jordan Valley, thus reducing considerably the
amount of water available to Arab farmers. Furthermore, Arab farmers were forced to
install meters on their own wells to restrict the amount of water they could use.
55. Regarding the vork of the Commission, Mr. Odeh said that Israel had resorted to
all kinds of intimidation to prevent potential witnesses from coming to Amman from
the occupied territories. Nevertheless, a few people from various walks of life had
succeeded in coming from the Mest Bank in spite of threats of reprisals.
56. Finally, Mr. Odeh gave further information in particular regarding Israel's
intimidation policies involving school children.
57. On 21 May the Commission also paid a visit to His Excellency the Prime
Minister, Mr. Mudar Badran, who expressed Jordan's eagerness to make the mission of
the United Xations body a success. Mr. Badran emphasized that Jordan had strong
ties binding it with the Palestinians, whose problem was the core of the Middle East
conflict. He described Israel's settlement policy as a challenge to the United
Nations and a violation of international lav. The Prime Minister also emphasised
that his Government was adhering to the Security Council resolutions which are
relevant to the mandate of the Commission. Finally he stressed that the time had
come for a solution to the conflict, a solution which would be just and
comprehensive.
58. On 22 May the Commission was granted an audience by His Majesty King Hussein of
Jordan. King Hussein emphasised in particular the far-reaching consequences of
Israel's settlement policy which, he said, was aimed at the eviction of the Arab
inhabitants from their lands. This was also part of Israel's attempts to alter the
character of the occupied Arab territory in complete disregard of United Xations
principles and decisions.
59. King Hussein also explained Jordan's position vis-&-vis the Middle East
question, stressing that a just and comprehensive peace could not be achieved
without the restoration of Arab Jerusalem to Arab sovereignty, the withdrawal of
Israeli forces from all occupied territories in implementation of United iiations
resolutions and the safeguarding of Palestinian rights, including the rights to
self,-.determination in Palestine.
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60. The Chairman expressed the gratitude of the Commission for the crords of welcome
stated by His !lajesty and assured him of the Commission's determined will to
implement its mandate with total objectivity.
61. On 24 May, His Highness Croym Prince Hassan received the Commission. On that
occasion an extensive exchange of view took place, essentially on Jerusalem and its
surroundings. In that connexion Prince Ilassan recalled that Jerusalem in addition
to being a prestigious centre of the world, was soiritually one of the most sacred
places of the Moslem faith. Turning to the question of Israeli Settlements he
pointed out that, through the establishment of three successive belts of
settlements, Israel vas creating protective pockets between Jerusalem and t!w
Jordan River. As a result of this, it was "conpartmenting" the Arab population.
That this action was intentional appeared from the fact that the same policy of
fragmentation of the Arab population was also being pursued on the Lebanese border
in an effort to balkanize the area.
62. The Crown Prince said -that since 1967, it had been the official policy of
Israel that Jerusalem should stay Jewish, united under Jewish rule. In
implementation of that policy many Arab houses had been destroyed and their
Inhabitants expelled, while settlements had been established all along the Eastern
side of the Holy City. This settlement policy had had the result of isolating the
Arabs living inside the walls and confining them in a ghetto surrounded by hostile
groups of settlers. This was no doubt a powerful means of pressure to make them
leave.
63. Other means of pressure were being used, said Prince Hassan, some brutal, other
financial, such as a 20-year levy raised from Arabs and used to erect nev buildings
for the Jews. Israel was also modifying the city limits in order to take full
advantage of the composition of the population.
64. Prince Ilassan reminded the Commission that the position of Jordan concerning
Jerusalem and the West Bank had been repeatedly stated. The question was how to
proceed toward the return to "Arab Jerusalem", an expression which defined a
situation of mutual respect with freedom of worship for every faith.
65. The case of Jerusalem v&s a very special one which, once solved, said
Prince Hassan, could lead to a comprehensive solution. It should be deplored
therefore that the question of Jerusalem at its present state had not been the
subject of any complete and impartial study. This should be remedied.
66. The Crown Prince pointed out that an international organ should be requested to
make a survey of the various aspects of the situation of Jerusalem .- political,
religious, social, demographic, economic and any others.
67. He also indicated that the question of Arab properties confiscated by Israel in
that area should be examined in detail. In that connexion, the excellent work done
by the Conciliation Cormnission for Palestine with regard to Arab properties
confiscated in territories occupied by Israel before 1967 should be kept in mind, as
well as in fact the extensive mandate of that commission which ms still in
existence.
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58. In conclusion, Prince IIassan emphasised that the road toward a solution might
be long and difficult but that, in order to avoid further despair which would
inevitably lead to further violence, the present situation should not be allowed to
remain frozen.
69. The Chairman thanked His Highness Crown Prince Hassan for his most informative
briefing and assured him that the contents of his statement would be reflected in
the Commission's report.
(b) Visit to the Jordan River Valley and to a refugee camp
70 . On 23 May, the Commission went to the Jordan Valley area. It stopped over at
the King Hussein Bridge and, passing through the villages of Shouna and Karamah, it
reached the village of Deir Alla, which overlooks the Jordan River Valley.
71. In the course of a briefing given by a spokesman for the Jordan River Valley
Authority, the attention of the Commission was drar,m to the intensive exploitation
by the Israelis of the water resources in the valley. It was stated in particular
that the drawing of water from the Lake of Tiberias and from the Jordan River to
irrigate Israeli settlements along the valley and southward down to the Iiegev Desert
had not only diminished considerably the flow of the River but noticeably increased
its salinity.
72. At the same time, said the spokesman, the intensive pumping of underground
water through deep artesian wells dug by Israeli settlers was depleting the water
resources of the valley, which is a single geological entity.
73. It should be noted that when the Commission departed from Deir Alla at night
the Jordanian authorities pointed out, on the West Bank, lines of lights which they
said were successive belts of Israeli settlements.
74. On 24 Nay 1979, the Commission visited Schneller Refugee Camp, where its
members were received by Mr. Abdel Rahim Jarrar, Under-Secretary of the Ministry of
Reconstruction; Mr. Mohammed Al--Aszeh, Camp Services Officer; and an official of
UNRWA. In his welcoming statement, Mr. Jarrar said that the camp housed
30,000 refugees, some of whom had been displaced three times. .&en 31 years after
displacement, the refugees and the displaced persons were still steadfast in their
resolution to return to their homeland. Mr. Jarrar noted that Israel, on the other
hand, was continuing its settlement policy and the judaization of the occupied
territories in defiance of the United Nations resolutions on the matter. He cited
Jerusalem as the best illustration of that policy.
75. The Chairman of the Commission explained the mandate entrusted to the
Commission by the Security Council. He emphasised that the mandate of the
Commission was to examine the problems, i.e., to determine what they were, in order
to get a better understanding and to report back to the Security Council. The
Commission had come to the area, the Chairman observed, because of the conviction of
its members that the United Nations could contribute to a just solution of the
problem. The Commission believed in the rights of the refugees and displaced
persons to return to their homeland in conformity with the Universal Declaration of
Ruman Rights and the relevant resolutions of the United Nations.
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76. !!lr. Al-Azzeh, the Camp Services officer, welcomed the Commission and stated
that in view of Israel's oppressive policies in the occupied territories, he was not
surprised that Israel had refused the Commission entry.
77. Mr* Abu Jameel, speaking on behalf of the refugees in the camp, wondered how
long it would still take for the world to be aware of the cause of the Palestinian
people who had been expelled from their homeland. He wondered also why so many
resolutions and decisions of the United !Tations on this question had not been
implemented and why Israel was still able to persist in its policy of defying the
United Nations. He emphasised that Palestinians would never accept Jerusalem as an
exclusively Jewish city; nor could they accept any form of trusteeship, self-rule or
partition. They could not accept any alternative to Palestine. Mr. Abu Jameel
further emphasised that Palestinians did not mandate anyone except the Palestine
Liberation Organization (PLO) to speak on their behalf. He wished the Commission
success in its endeavours and expressed the hope that this would be the last time
that the United X&ions would have to send a fact-finding mission to the area.
78. In response to questions put to the Commission by one of the elders of the camp
who inquired why the United Nations was not able to compel Israel to recognise the
rights of the Palestinian people, the Chairman stated that while he and his
colleagues in the Commission understood the despair of the refugees, they were also
aware that the question of Palestine was a complex problem, the just and peaceful
resolution of which would take time. He recalled in that context the actions
conducted at the United Nations by the Arab States. Some progress had already been
achieved and the United Xations was continuing its efforts to find a just solution.
79. Mr. Abboud, an officer of URRWA, said that the despair of the refugees was
compounded by the financial crisis in U2lRWA. Brigadier Mohammed Sarreef, Executive
Secretary of the Supreme Ministerial Committee for Displaced Persons, gave an
overview of the situation concerning the movement of refugees and displaced persons
from the West Bank to the East Bank. He indicated that the Schneller Camp and five
others had been set up by the Jordanian Government in 1968 to accommodate the
refugees and the displaced persons who had been forced to leave the Jordan Valley
area. The Jordan Government is spending $36 million a year for the subsistence of
the refugees, housing, salaries and water supply, as indicated in the last report of
the UNRWA Commissioner.
(c) Hearings
80. During its stay in Jordan, in addition to meetings with government officials,
the Commission held five meetings devoted to the hearing of witnesses. A total of
21 witnesses took the floor. An additional witness presented a written statement
which was incorporated in the Commission's records. A number of witnesses asked to
remain anonymous, a request which was granted in accordance with a decision
previously taken by the Commission.
01. In the course of these hearings, most of those witnesses responded favourably
to the Chairman's appeal to confine their statements to the situation in the
settlements in the Arab territories occupied since 1967, including Jerusalem. A
number of them, however, expanded their remarks to include grievances of a perSOna
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or collective nature which the Commission considered as falling within the pUrVie1.7
of human rights violations, rather than within the scope of its mandate
(e.g. * witnesses Nos. 3 and 10). It should be noted in that connexion that a similar
situation occurred at subsequent hearings in Damascus and Cairo.
82. Most of the witnesses were Palestinians. Some of them - such as
Sheik Abdul-Hamid Cl-Sayeh, Head of the Islamic Court of Appeal, who was deported
from the West Bank in September 1967, Mr. Ruhi El-khatib, Playor of Jerusalem,
expelled in 1968, ilr. Nadim S. Zaru, Mayor of Ramallah, expelled in 1969 or
Mr. Shawl;& ilahmoud Hamdi ) nov Director of the Executive Office of the occupied
territories in the Jordanian Government .- informed the Commission of their
experience while serving in the occupied territories. A church leader,
Archdeacon Elya Khoury, referred to his experience in the Anglican Diocese of
Jerusalem until his expulsion in 1969. Other witnesses such as Elr. Ibrahim Bakr, a
practising lawyer who indicated that he had been expelled in December 1967 from the
k!est Bank , drew particular attention to certain legal aspects Of the SitUatiOn.
Most of the other witnesses presented views based on their individual or family
experience.
83. Keepin; in mind the scope of the mandate established by the Security Council,
the Commission would like to draw particular attention to a number of points which
were reported by witnesses during its stay in Jordan.
Settlements in the occupied territories
84. According to an Arab publication referred to by a witness (No. 15), between
1967 and 1977 the Israelis established in the West Bank, including Jerusalem,
123 settlements, of which 33 were not publicly announced because they were
Nahal military settlements.
05. According to another witness (No. 20), it should be noted, that while in the
past, those settlements were established mostly close to the line of the pre-1967
border, the new trend would be to divide the l:Jest Bank into large squares,
subsequently criss-crossed with roads. As perceived by the inhabitants, the aim
of that policy is to divide the whole ocwpied territory into a number of squares
and to build settlements on the corners of each of them in order to isolate the
main Arab agglomerations.
86. According to other witnesses, the policy referred to above applies whether
the land is publicly or privately owned. In that connexion, a witness (No. 4)
challenged what he called an Israeli claim that only public land was being used
for those settlements. He pointed out that under the Geneva Convention and the
relevant United Nations resolutions, the establishment of a settlement in occupied
territories is illegal whether it is set up on public or private land. He then
gave an informative briefing on the various categories of private lands under
Jordanian law.
@I. The witness stated also that out of an estimated 125,630 dunums of cultivable
land which were taken by the Israelis for the exclusive use of civilian settlements
(thus excluding areas kept for military purposes), 9.4 per cent were public lands
and 90.6 per cent private.
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88. The pattern and process of land seizure seems to have varied with time. Some
witnesses (among them, Nos. 6 and 8) stated that in the wake of the 1967 war,
people were expelled from their villages and sometimes their houses were destroyed
in front of them. One witness (No. 13) in particular said that, after being
expelled from their village to the town of Ramallah, located at a distance of
34 km away, the inhabitants were finally authorized to return. But after walking
back approximately 32 km, they were stopped close to their village and saw it being
blown up.
89. Since then, according to another witness (No. 4), the land seizure process
generally goes as follows: first, the Israeli forces set up boundary markers
or barbed wire fences to define the area. Second, the leaders of the village
are informed that for security reasons the inhabitants are no longer allowed to
enter the closed-in area. Third, crops are destroyed and fruit-bearing trees are
defoliated and uprooted. That process was confirmed by another witness (No. 14).
90. Concerning the legal aspect of the matter, a witness (No. 21) mentioned the
following instruments under which, he said, most of the confiscations of Arab
lands were conducted:
(i) The Absentee Property Law, adopted by the Knesset on 14 March 1950,
which replaced the emergency decrees concerning absentee property
issued on 19 December 1948;
(ii) The law of acquisition of land for the public interest, issued in 1943
under the British mandate and still in use;
(iii) Defence and emergency decrees of 1945, also issued under the British
mandate. Under these decrees, the Military Governor can order
deportation of people and expropriation of property;
(iv) ESnergency regulations on the exploitation of barren lands, published on
15 October 1948, under which the Minister of Agriculture is empowered
to seize barren lands if he is "convinced" that its owner does not
intend to utilize it for agricultural purposes;
(v) A law relating to the expropriation of real estate during the 1949
emergency period, under which an ad hoc authority may seize any real
estate which it believes to be necessary for the national security.
91. With regard to the implementation of the absentee property law mentioned
above, it was stated (No. 11) that according to the law, all lands whose owners
were not present on 5 June 1967 were considered absentee lands, even when the
owner had returned thereafter. All such lands, the witness said, had been put
under the authority of the Israeli Custodian of Absentee Property, who collects
the rent from the absentee houses. 4/
4/ This question was raised on other occasions, in particular in Cairo by
the CFairrnan of the International Law Association. See chap. II, E (c), below.
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92. In that connexion some witnesses (Nos. 5 and 17) referred to some cases
which had come before an Israel Court. In a recent case, Israeli settlers near
Hebron had taken a large piece of land to build 500 housing units. At the request
Of the Arab owners, the Israeli Court had decided that the decision was illegal,
but nevertheless, the settlers had kept the land.
93. Another case in which the Israeli judicial system was involved was reported
in the village of Anata near Jerusalem. Following the villagers' refusal to lease
4,650 dunurns of land, the military authorities had closed off the zone with barbed
wire. The case had been submitted to the Israeli High Court of Justice which, on
15 January 1979, had agreed to a reduced demand from the Army resulting in the
expropriation of 1,740 dunurns of fertile land. According to the witness (No. 19),
the villagers had not been informed of that decision until 18 March 1979, that is
after the 30 days limit to appeal the decision.
94. As to the use of the land seized, witnesses (Nos. 1, 2 and 4) enwnerated, a
number of settlements which .they said had been established on the former location
of Arab villages.
95. It was also stated (Nos. 1 and 17) that the military authorities or the
settlers themselves resorted to various means of pressure to compel the landowners
to leave the area, such as repeated imprisonment linked to an offer to release the
person concerned if he agreed to depart from the area, obstacles to children's
schooling, confiscation and destruction (under the "absentee law") of houses
belonging to Palestinians living abroad, an action sometimes assorted with the
imprisonment of the tenant who had protested against it (No. 1). Several witnesses
referred also in that regard to the control of water as a most powerful means of
pressure to compel the inhabitants to leave their property.
96. In that connexion, the water resource policy pursued by the Israelis was
frequently mentioned. A witness (No. 4) indicated that as of date the
Israelis had drilled some 20 deep boreholes from 300 to 600 metres deep in the
Jordan Valley and were pumping an estimated 15 to 17 million cubic metres per year
exclusively to irrigate the lands seized for their settlements. A number of these
wells had been drilled in close proximity to local Arab springs, contrary to
Jordanian laws regulating the drilling of new wells. The impact of those
practices had been felt all over the West Bank. In Jericho, the saline content
of the water pumped from pre-1967 Arab wells (not as deep as the new wells) had
noticeably risen while in many areas the flow of water had drastically diminished,
such as in the Wadi Fara basin, the Ilardala Basin and the region of Al-Anja,
where the spring which used to give 11 million cubic metres per year was now
down to a trickle, thus threatening the end of any cultivation for the village.
97. In addition; it had become common practice for the Israeli authorities to
limit the amount of water which could be pumped from pre-1967 wells by installing
water meters~ (Nos. 1 and 9). To emphasize the importance of water ,resources,
another witness (No. 7) referred to military actions conducted by,the Israelis
before 1967 across the border line against the village of Qalqilia, at which time,
he said, 11 artesian.wells had been destroyed. Since 1967 when the village
was occupied, the Israeli authorities had installed meters on all the wells, thus
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imposing strict limitations on the use of water. As a result, it was impossible
for the Arab inhabitants to carry on any farming but at the same time two Israeli
settlements were established in the area. These settlements, each of them with
approximately 150 houses, were now equipped with an artesian well with a motor
engine and a set of pipelines.
98. The question of whether compensation was given to the deprived landowners
was discussed on several occasions. One witness said that the amount offered
was merely a tenth of the real value of the property (No. 9); he also added
that furthermore this was not the point, since the owners did not want to sell it.
That latter view was also expressed by another witness (No. 15). Another witness
(No. 22) mentioned two relevant cases. In the first one, the owner had refused any
compensation which might be construed as an agreement, but the land had
nevertheless been used for a military camp and then gradually transformed into a
settlement for civilians. In the second, which referred to an area of 400 dunums,
no compensation had been paid to the individual owners.
-J-e rusalem
99. The situation in Jerusalem was described more extensively by four witnesses
(Nos ~ 15, 16, 18 and 21). One of them (No. 21) recalled that the Israeli Knesset
had adopted on 28 June 1967 a decision of "annexation" on the basis of which the
following measures were taken:
(i) Abrogation of the Arab Municipal Council of Jerusalem;
(ii) Elimination of certain municipal services and amalgamation of others
with their Israeli counterparts;
(iii) Application of all Israeli laws to Arab citizens;
(iv) Closure of the Education Department and transfer of all Arab public
schools to the authority of Israel's Ministry of Education, this
leading to the use of Israeli curricula including the reading in
primary schools of a book entitled I am an Israeli;
(v) Issuance of Israeli identification cards to all inhabitants;
(vi) Non-recognition of Jerusalem Islamic Courts;
(vii) Obligation for professional individuals to register their names with
Israeli professional associations;
(viii) Closure of Arab banks and exclusive use of Israeli currency;
(ix) Physical transfer to Arab Jerusalem of a number of Israeli ministries
and departments.
100. As to the methods used by Israel to judaize the Arab sector, the
same witness (No. 21) said that, immediately after the 1967 war, Israel resorted
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to the demolition, in four different quarters of Jerusalem, of1,215 houses,
427 shops, 5 mosques, 3 monasteries and 4 schools, i.e. a total of 1,654 buildings.
As a result, the witness said, 7,400 inhabitants were forced to leave (another
witness, No. 15, referred to "more than 5,000" people). Then a "Jewish Quarter"
was established, which as of today contains 320 housing units built on 116 dunums
and inhabited by a Jewish settler oopulation of 1,300 Dersons. Finally,
94,564 clunum of Arab,lands situated within the limits of the municipality of Arab
Jerusalem were confiscated.
101. Another witness (No. 15) stated that the aim of those expropriations in
Jerusalem was to surround with Jewish settlers three specific areas still mainly
occupied by Arabs. Such a policy, he said, was a threat to the very presence and
existence of Arabs in the city.
102. A number of witnesses (such as No. 18) referred to the archaeological
excavations which, he said, although repeatedly condemned by UNESCO, were still
continuing, thus inflicting serious damages to Islamic shrines.
103. As to the number of settlements in Jerusalem, a witness (No. 21) indicated
that 9 of them ha&been built within the boundaries of Arab Jerusalem and
10 more within the framework of so-callea irreater Jerusalem. The same witness
concluded his statement, saying that through that policy of settlements Israel’s
aim was to seize the land and gradually expel its inhabitants. That view was
also expressed in various terms by a number of other witnesses.
104. The Commission departed from Amman by road on 26 May 1979.
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C. Visit to-the Syrian Arab Republic (26-29 May 1979)
(a) Meetings with govevent officials
105. The Commission arrived in Damascus on 26 May 1979 and was received the
following day at the Ministry of Foreign Affairs by Mr. Abdul Halim Khaddam,
Deputy Prime Minister and Minister of Foreign Affairs. He was accompanied by
Dr. Haitham Keylani, Director of the International Organisations Division and
other officials from the Foreign Ministry.
106. The Deputy Prime Minister welcomed the Commission and assured it of the full
co-operation of his Government in the implementation of its mandate. All that
Syria expected from the Commission's efforts, he said, was that the truth be
established, because truth was more powerful than military force. In that
connexion he described Israel's policy of settlements as nothing but the
continuation of the aggressive and expansionist practices which had characterised
the Zionist movement since its very beginning and which remained the real obstacle
to peace. Mr. Khaddam blamed Israel for the current situation and the United
States which, he said, bore a share of the responsibility for facilitating
Israel's policy of settlement. He also deplored that the United Nations could not
take a stronger stand in that regard.
107. Referring to the policies pursued by Egypt and the United States, Mr. Khaddam
emphasised that they did not serve the cause of peace in the area. The so-called
autonomy envisaged for the Palestinians in the occupied territories in the peace
treaty between Israel and the Egyptian &ime would apply only to the inhabitants
but the land and its resources would remain indefinitely under the authority of
Israel. For the Syrian Government, it was clear therefore that such an agreement
which did not tackle the real problem could not serve the cause of peace in the
area. Dr. Keylani noted in that regard as a further proof of it that the number
of Israeli air raids over Lebanon had increased 10 times since the signing Of the
treaty.
108. In his reply, the Chairman expressed the Commission's appreciation for the
welcome extended to it and assured the Deputy Prime Minister that the contents
of his statement would be reflected in the Commission's report. He recalled the
precise terms of the Commission's mandate and, in that context, stressed the
position of all three Governments represented on the Commission as to the question
of settlements. Their vote in favour of Security Council resolution 446 (1979),
he added, was a clear indication of that position.
109. On the same day, 27 May 1979, the Commission held an open meeting with a
Syrian delegation composed of Dr. Haithsm Keylani, Major-General Adrian Tayara,
head of the Syrian delegation at the Mixed Armistice Commission, Mr. Taker Housssmi,
Mr. Bechara Kharou and Mrs. Razan Mahfouz , all from the Ministry of Foreign Affairs.
110. Dr. Keylani stated that, in the view of the Syrian Government, Security
Council resolution 446 (1979) was a further evidence of the concern with which
the international community viewed the explosive situation in the Middle East and
that situation was the result of Israel's occupation of Arab territories and, its
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refusal to recognise the national inalienable rights of the Palestinian people.
He pointed out that his Government considered that, in a matter which was related
to the maintenance of peace and security ) it was imperative for the Security
Council not only to express concern but to tr.ke the relevant measures provided for
in Chapter VII of the United Nations Charter.
111. Dr. Keylani observed also that Israel's practices in the occupied territories -
in particular the Golan Heights, where towns and villages had been replaced by
Israeli settlements - were consistent with the aims of Zionism which involve
annexation of occupied territories and the enslavement of the local population.
112. In his reply, the Chairman noted that the purpose of the Commission in coming
to Syria was to fulfil to the greatest possible extent the mandate entrusted to
it by the Security Council. It had been the intention of the Commission to visit
all the parties concerned in the area. Howevw, the possibility for the Commission
to go to the occupied Arab territories had to be ruled out because of the attitude
of the Government of Israel in that respect. In order to accomplish its task,
the Commission resorted to other means of obtaining information. It was in that
spirit that the Commission had come to Syria. The information to be provided by
the Syrian Government, as well as by the witnesses, would make it possible for
the Commission to provide the Security Council with additional information so that
the Council, in its persistent efforts to solve the problems of the Middle East,
might in the future adopt appropriate measures.
113. A closed meeting was keld at which Dr. Keylani presented the position of the
Syrian Government with regard to Israeli policy and practices in the occupied
Arab territories, in particular the Golan Heights. Following a historical review
of the occupation of Palestine by Zionist elements, Dr. Keylani pointed out that
immediately after its invasion of the Golan Heights in 1967, Israel started
implementing its plan to control the whole area and to expel its inhabitants.
114. The Golan Heights before the occupation had been one of the most prosperous
areas in Syria, inhabited by 142,000 people, living in 163 towns and villages.
After the occupation, Israel completely destroyed all these towns and villages with
the exception of five, namely Majdal-Shsms, Akaata, Massaada, Al-Ghajar and
Ein-Kena , s&d with the stones from the ruins, Israel built in their place 29
settlements for military and other purposes. The destruction of the town of
Quneitra which the Commission was going to visit was an example, he said, of what
had happened in the 1,770 square kilometres still occupied by Israel.
115. Dr. Keylani pointed out that, out of a total of 142,000 Syrian inhabitants
in the Golan Heights, only 8,000 had remained while 134,000 had been expelled and
compelled to take refuge in other parts of Syria, where there were also
approximately 250,000 Palestinian refugees. The Golan Heights, he continued, was
ruled by a military governor with unlimited authority a including the right to a
appoint local councils and village mayors and to dismiss them at will. By
comparison, in the West Bank, those officials were still elected by the population.
In an attempt to annex the occupied area to Israel, the occupation authorities were
constantly trying to sever all links between the Syrians remaining in the Golan
area and their kin elsewhere in Syria. In fact, the freedom of movement of the
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remaining inhabitants was restricted even within the five villages. To visit
another village, the inhabitants had to obtain from the military Governor a special
authorization, which had to be applied for a month in advance and nas valid only
for a few hours subjecting the holder to imprisonment and heavy fines in case of
violations. Among the measures taken by the occupation authorities which affected
more specially the conditions of life in the occupied, territories were the
imposition of all Israeli laws, the expropriation of large areas of agricultural
land for so-called reasons of security, and the refusal to respond to humanitarian
appeals by the International Red Cross, among others, for the reunification of
families.
11.6. Commenting on the education policies of the occupation authorities in the
Golan Heights, Dr. Keylani said that all Arabic curricula had been replaced with
Israeli curricula and the teaching of Hebrew imposed in primary schools. Of the
many primary and secondary schools which existed before, only sewn primary schools
and one secondary school had been allowed to continue functioning. Syri.an
graduates of the secondary school were not permitted to pursue their higher
education in Syrian universities because the aim of the Israeli authorities was
to channel these youths into the labour force needed in Israeli factories. Only
after repeated efforts and intervention by the International Red Cross were a few
students allowed to register in the Syrian universities. Other measures taken by
the occupation authorities in the field of education in the Golan Heights included
the intimidation and dismissal of qualified Arab teachers; and educational courses
which were compulsory for the 8,000 Syrian inhabitants and aimed at indoctrinating
them to serve the aims and purposes of Zionism and the Israeli policies. Further
information, said Dr. Keylani, on the educational system imposed by the Israelis
in the Golan Heights could be found in the reports published by UNESCO, in
particular, in document No. 2C/C/113 of 28 September 1978 and document
No. 104 EX/52.
117. Turning to the question of the geographical changes that had taken place in
the Golan Heights as a result of the occupation, Dr. Keylani stated that the whole
area had been turned into a military fortress with 29 settlements, a synagogue,
a military museum, as well as new roads which are used essentially for military
purposes. He recalled by comparison the agricultural prosperity of that area
before Israel's occupation.
118. On the question of military rule in the Golan Heights, Dr. Keylani noted that
Israel had established a military court in Tiberias to administer Israeli laws
over the Golan Heights. Ninety-five per cent of the judgements, he said, delivered
by the court related to so-called security matters for which the sentence was life
imprisonment or hard labour for life with no possibility of appeal.
119. As to the settlements, Dr. Keylani stated that the 1979 budget of Isreel showed
the allocations set aside for expanding 11 of the existing 29 settlements. In that
connexion, according to a statement by the Israeli Chief of Administration of
Settlements, Israel intended to establish, in 1979, 20 new settlements, 5 of which
would be in the Golan Heights and it would take over all the necessary land in
order to settle 58,000 families thereon over a period of five years.
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120. To be able to pursue that policy Israel had succeeded in expelling most of
the inhabitants of the Golan Heights through various means, including restriCtiOn
of movement, threats, intimidation, burning of crops, depriving them of their
means of livelihood and imposing on them heavy taxation beyond their means. He
also pointed out that those settlements were all military fortresses and that the
settlers, who were from Al-J&nap a military-agricultural organization that worked
in liaison with the Israeli army, were of military age. This, he said was an
additional means of pressure on an unarmed population.
121. With regard to the nature of the Israeli settlements, he expressed the
conviction of his Government that these settlements were meant to be permanent,
as confirmed by statements made by various Israeli officials and by the slogan
which Israel had applied to the Golan I:eights since 1967, namely "Security before
peace". Although the Golan Heights area was included in the security and defence
plans of Israel, Dr. Keylani said, security k-as only a pretext to annex the region
since all the relevant United Nations documents indicated that before 196~ the
Syrian Army artillery fired only on Israeli military bulldozers entering the
no-man's ,land between Israel and Syria and not on any Israeli settlements.
122. Referring to the differences in the policy of Israel regarding the various
Arab territories under occupation, Dr. Keylani observed that Israeli practices
varied wcordiny to Israel's goals and to the size of the population in each
territory. In the Golan Heights, Israel had achieved the following objectives:
evacuation of the area by almost all its inhabitants; thwarting of any armed
resistance by the remaining inhabitants; reduction to a minimum of the number of
violations of human rights, given the small number of inhabitants remaining in
the area: exploitation of expropriated fertile lands for Israel's benefit; and
establishment of a military zone to defend Israel against Syria. In connexion
with the evacuation of inhabitants, he recalled that in 1967 the Syrian
inhabitants wanted to stay in the Golan Heights but that they had been forcibly
driven out. For example, in the town of Quneitra, Israel had compelled the
inhabitants to leave the area at night through minefields, thereby causing heavy
casualties.
123. In the course of the exchange of views that ensued, Dr. Keylani said, that,
between 1967 and 1973, Israeli authorities had attempted to impose Israeli
citizenship on the Syrian inhabitants. Having met with categorical resistance in
that regard, they had continu,ed to deny them the attributes of Syrian citizenship
and, ,fnrthermore, since 1973, they had imposed Israeli citizenship on the Syrian
children born under occupation, in the belief that with time the opposition would
disappear.
124. On the question of religion, Dr. Keylani noted that the deliberate
destruction of the mosque, particularly in Quneitra, was meant to uniliate the
inhabitants and leave them with no choice but to conduct their prayers at home.
125. As to Jerusalem, it was, he said, a sacred Arab Floslem city with the same
status as that of any other part of the occupied territories. That occupied city
must be liberated and returned to the Palestinian people. Syria would not accept
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that a single inch of Arab territory, including Jerusalem, would remain under
Israeli occupation and, in that regard, it supported the resolutions of the
General Assembly and the Security Council on the matter.
(b) _V:isit to Quneitra
126. On 28 May 1979, the Commission visited the location of the town of Quneitra
in the Golan Heights.
127. Major-General Adrian Tayara who led the visit recalled that Quneitra and the
surrounding area had been taken over by Israel in June 1967 and were returned
to Syria in 1974.
128. During the visit through the ruins of the city, the Commission was acquainted
with the situation that was reported in 1977 to the General Assembly by the
Special Committee to Investigate Israeli Practices Affecting the Human Rights of
the Population of the Occupied Territories in its "Report on damage at
Quneitrn". :;/ It was on the basis of that report, that the General Assembly, on
13 December 1977, adopted resolution 32/91 by which it condemned the "massive,
deliberate destruction of Quneitra perpetrated during the Israeli occupation".
129. During that visit, the Syrian authorities pointed out to the Commission
several Israeli settlements beyond the area of separation which, they said, were
established on land belonging to the city of Quneitra where agricultural work
was 177 progress.
(c) Hearings
130. In addition to the working meeting with the Syrian delegation, the
Commission held a number of hearings. Among the witnesses who appeared before
the Commission there were three members of the Palestine Liberation Organization,
whose statements are reported in part II (F) below.
131. Thirteen other witnesses testified. Among them, a professor of geography
(NO. 23) briefed the Commission on the economic situation of the Golan Heights
before 1967. He pointed out that the region was one of the most prosperous of
Syria. The number of inhabitants was about 150,000, with a density of 90 per
square kilometre.
132. The arable area amounted to 107,000 hectares. The witness gave figures
concerning the various kinds of soil cultivation, fruit-bearing trees and
livestock to bear out his assertion that the region, despite its small size, used
to produce 10 per cent of the total output of the country.
133. The other witnesses were former inhabitants of the Golan Heights, most of
them from Quneitra. Seven of them (Nos. 29, 30, 31, 32, 33, 34 and 35) were
municipal officials at the time the Israeli forces entered the region. They
concurred in saying that all sorts of pressure including threats of death had
21 A/32/284, annex II.
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been used by the Israelis to make the inhabitants leave the area. Villages had
been destroyed, sometimes in the presence of the inhabitants (Nos. 31 and 32)
and people had been taken in motor vehicles and dropped at .the separation line
(Nos. 31, 32 and 33) to compel them to leave.
134. A witness (No. 24) who said that he had seen Israeli bulldozers destroy
Arab agglomerations , reported~ also that he had seen a number of Israeli
settlements built on the former location of Arab villages; of which he gave the
names.
135. Another witness (No. 29) said that even now, Arab students from the occupied
area in the Golan Heights were prevented from pursuing their higher education
in Syrian universities. He added that those who, through the mediation of the
Red Cross, had been allowed to do so had been prevented from returning to their
homes.
D. Qu to Lebanon (29-30 May 19B)
136. From Damascus, the Commission flew to Beirut on 25 May 1979.
137. The same morning the Commission was received by Mr. Fouad Boutros, Minister
for Foreign Affairs. Three members of the Foreign Ministry were also present.
138. The Foreign Minister welcomed the Commission and expressed the hope that
its report would assist the Security Council in its efforts to promote the law
of equity and justice, the right of peoples to self-determination and the
compliance of Member States with their obligations under the United Nations
Charter and international law.
139. Although not directly involved in the tasks of the Commission, he said
Lebanon welcomed any effort that could facilitate the return of the Palestinians
to their homeland. For its part, Lebanon had felt it its duty to receive on its
soil many Palestinian refugees and it was satisfied to have been in a position
to assist them in their plight. However, the present disruption which Lebanon
was experiencing was linked to that very hospitality. This was therefore one
more reason for the Lebanese Government to assure the Commission of its wishes
of success in the implementation of the mandate assigned to it by the Security
Council.
140. Regarding the situation in southern Lebanon, Mr. Boutros said that the
continuous intensive bombardment by Israel was causing a human tragedy of
disastrous dimensions at that time. About 100,000 persons had been forced to
flee to the north from the Tyre area. In the present circumstances, he said,
Lebanon welcomed the presence of UNIFIL; it only wished that the mandate of the
Force were such that it could better tackle the situation.
141. Summing up the position of his Government, the Foreign Minister emphasized
that Lebanon had no problem of frontiers with Israel or of directly occupied
territories. However, it could not be indifferent to the question of Israeli
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settlements established in occupied Arab territories - given the very large
number of Palestinians who had taken refuge in Lebanon - or to that of the
over-all solution of the Middle East conflict, to which it was a pa,rty.
142. The Lebanese Government entirely supported the position of the Arab States
concerned. It considered that the establishment of settlements, which in itself
was contrary to the norms of international law, aggravated the situation
prevailing in the region, gave rise to new causes of discord and new human
problems and constituted an obstacle to the return of the Palestinians to their
homeland.
143. It also considered that the return of the Palestinians to their homeland,
apart from being a necessity for a country like Lebanon, which could not absorb
the large number of refugees living in its territory, was the first of the
legitimate rights of the Palestinian people , respect for which was called for
in Security Council resolutions 242 (1967) and 338 (1973) and in the Soviet,-
United States communiqu6 of 1 October 1977.
144. For these reasons Lebanon, which had already on several occasions
officially proclaimed, through its Head of State and its accredited
representatives in international forums, its refusal to accept the settlement
of Palestinians in its territory, reaffirmed its position and its point of view
concerning the need to overcome all obstacles, including settlements, that were
likely to impede the exercise of the right of the Palestinians to return to their
homes.
145. The Chairman said that the Commission had taken due note of the position
stated by the Foreign Minister, which would be reflected in its report. He added
that although, as stated by the Foreign Minister, the mandate of the Commission
did not in a precise way directly apply to Lebanon, it had a bearing on it
because Lebanon was a neighbouring country to the occupied territories and gave
refuge to an ever-increasing number of Palestinian refugees. The Chairman
thanked, therefore, the Foreign Minister for the interest shown by the Lebanese
Government in the Commission's efforts.
146. On the same day, the members of the Commission were also received by the
Prime Minister of Lebanon, Mr. Salim Al Hoss.
147. Mr. Al Ross welcomed the Commission and said that Lebanon was concerned
by its mandate inasmuch as it dealt with the general situation in the Middle
East. Noting with regret that all effort s aimed at settling the Middle East
problem, and most particularly the Palestinian question which is at its core,
had so far been unsuccessful, the Prime Minister pointed out that Israel's
policy with respect to settlements was still complicating the problem.
148. Such a settlement policy was significant, he said, not only in its immediate
effects on the occupied territories, but even more so in its future implications
in that it made it clear that Israel's intention was to settle in those
territories on a permanent basis.
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149. At the present time, Lebanon was the country most directly affected by the
situation in the Middle East. The acute human problem created by Israel's
actions in southern Lebanon was no less tragic than its policy of settlements in
the occupied territories. The Israelis no longer even looked for pretexts, as
was the case in the past and 3 contrary to their allegations, Lebanese civilians
were their daily targets.
150. Expressing again his wishes for the success of the mission, which he saw as
a renewed effort toward peace, the Prime Minister assured the members of the full
support of his Government and offered any assistance which the Commission might
need in the performance of its tasks.
151. The Chairman expressed appreciation for the welcome received by the
Commission and assured the Prime Minister of the desire of the Commission to
implement as fully as possible the mandate assigned to it by the Security Council.
152. During its stay in Beirut, the Commission also met Mr. Yasser Arafat,
Chairman of the Palestine Liberation Organization. That meeting is reported
upon in Chapter 1I.F below.
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E. Visit to the Arab Republic of Empt (30 May-l June 1979)
(a) :'ii-etincs with government officials
153. The Commission arrived in Cairo on 30 May 1979. In the evening of the same
day, the Commission was received by Dr. Boutros Ghali, Minister of State for
Foreign Affairs, who was accompanied by Mr. Ahmed Khalil, Under-Secretary for
Foreign Affairs, Ambassador Ezz Eldin Sharaf, Director, Palestine Department,
Ambassador Ahmed Maher, Chef de Cabinet of the Foreign Minister,
Ambassador Ala Eldin Khariat, Chef de Cabinet of the Minister of State,
Mr. Amre Moussa, Director, International Organizations Department,
Mr. Abdel Moneim Ghoneim, Cabinet of the Minister of Foreign Affairs,
Mr. Said El Masri, Cabinet of the Minister of State, Mr. Mohamed El Dinang, and
Ms. Leila Emara, both from the Foreign Ministry.
154. The Minister of State for Foreign Affairs said that Egypt welcomed the
Commission most warmly, not only because of Cairo's interest in the United Nations
and its role in the achievement of peace but also because of the Commission's
mandate, which matched Egypt's concern regarding the settlement policy of Israel.
155. Dr. Boutros Ghali stated that the Egyptian Government had informed the United
States and Israel that it condemned the settlement policy and insisted that those
settlements should be removed. This had been achieved in the case of the
settlements established in Sinai, and for its part, Egypt would endeavour to have
them removed from all the Arab territories, including Arab Jerusalem.
156. Dr. Ghali emphssized that Egypt's aim in the peace process was not the
conclusion of a bilateral peace treaty with Israel but a comprehensive peace treaty
in the area and the attainment of the settlement of the Arab-Israel conflict in all
its aspects. In this connexion, he noted that the Camp David framework agreement
set out the principles and procedures for a series of negotiations leading to peace
between Israel and each of its Arab neighbours. In the Egypt-Israel peace treaty,
Israel had accepted Security Council resolution 242 (1.967) and thereby the
principle of dissolution of its settlements. That principle had to be applied also
in other peace treaties to be concluded between Israel and its other Arab
neighbours.
157. In the course of the exchange of views which ensued, Dr. Ghali stated that
Arab Jerusalem was an integral part of the West Bank and that Israel must withdraw
therefrom. He said that the attainment of a comprehensive peace in the area
involved two types of negotiation: negotiation regarding withdrawal of Israel from
Sinai and negotiations concerning the fiture of the West Bank, including Arab
Jerusalem, and of the Gaza Strip. Until a Palestinian authority could be created,
what was required was a moratorium on Israeli declarations that there would be more
settlements.
158. In conclusion, the Minister of State for Foreign Affairs summed up Egypt's
position regarding the problem of settlements as follows: (i) the establishment
of the settlements constituted a fundamental obstacle to peace and Egypt condemned
that policy; (ii) the Hague Convention signed in 1949 stipulated that it was
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inadmissible to change the character of occupied territories and any contrary
measures were illegal; (iii) Egypt had confirmed this position during the first
Camp David discussions and had sent an official letter in that respect to
President Carter of the United States on 17 September 1978 requesting his support
to obtain the removal of all the settlements; (iv) Egypt had demanded and would
continue to demand during the coming negotiations on autonomy that the settlements
be stopped and removed from the West Bank and Gaza Strip.
159. The Chairman expressed the appreciation of the Commission's members for the
welcome they had received and reiterated the position of the Commission concerning
its mandate and the problems which derived from the fact that the Commission could
not go to the occupied territories. The Commission, he added, was grateful to the
Minister of State for Foreign Affairs for the data thus provided to it and for
stating the position of his Government with regard to the Israeli settlements.
160. On 31 May, the members of the Commission were received by the Prime Minister
and Minister of Foreign Affairs, Dr. Mostafa Khalil. Also present at the meeting
were Ambassador Ahmed Tewfik Khalil, Under-Secretary, Ministry of Foreign Affairs,
and Ms. Leila Emara, Ministry of Foreign Affairs.
161. The Prime Minister declared that Egypt regarded the establishment of the
settlements as an illegal act incompatible with the resolutions of the United
Nations and in no way conducive to the cause of peace and stability in the region.
Israel had no right to establish those settlements, he said, and their creation in
the West Bank and Gaza Strip constituted a serious problem and impeded the efforts
currently made to bring about a just and comprehensive peace in the Middle East.
162. Referring to the Israeli settlements in the Sinai on land previously reclaimed
from the Egyptian Government, which he said were to be removed after the second
phase of Israeli withdrawal from the Sinai, the Prime Minister observed that those
settlements could serve no military purpose as the area would be demilitarised. If
those settlements were to serve a civilian purpose, the Prime Minister drew
attention to the difficulties the settlers would face once Egypt resumed the
exercise of its full sovereignty over the Sinai since, under Egyptian la",
foreigners could not own agricultural lands. Noting that the number of SettlerS in
the Sinai was somewhere around 4,300 to 4,500 people, he pointed out that in
comparison to Egypt's population of some 40 million, that number of settlers was
insignificant. The real question was the meaning and intention behind those
settlements, the question of the right of the settlers to retain their identity and
the question of establishing a precedent.
163. Dr. Mostafa Khalil recalled that international law and United Nations
resolutions forbade the retention of territories acquired by conquest and also
proscribed the exploitation of the resources of such territories during the period
of occupation. He pointed out that the framework laid down in the Camp David
agreements was based on Security Council resolutions 242 and 338; this clearly,
meant that Egypt rejected the pretext of retaining territory in order to obtain
security since security could be guaranteed in accordance with agreed arrangements,
as was happening in Sinai, without recourse to the establishment of settlements.
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164. The Prime Minister expressed his concern that the settlements would constitute
a future obstacle to the negotiations on self-determination which he said the
Palestinians were to conduct three years after the establishment of autonomy in the
,West Bank and the Gasa Strip.
165. Regarding the present status of Jerusalem, the Prime Minister told the
Commission that Arab Jerusalem was part of the West Bank and that the area
containing the holy places should be open to all faiths. He affirmed that the
Palestinians alone, and no other party, should decide their future and he expressed
his conviction that, for the Palestinians, the negotiations on autonomy would
represent the beginning of the road towards self-determination.
166. The Chairman thanked the Prime Minister for the opportunity afforded the
Commission to acquaint itself with the position of the Egyptian Government on the
question of settlements and assured him that the substance of his statement would
be reported to the Security Council.
(b) Hearings
167. On 31 May the Commission held a meeting in Cairo during which it heard seven
witnesses.
168. In their statements, the first two witnesses introduced themselves as
Mr. Yehia Aboubakr, Information Director, League of Arab States (No. 36) and
Mr. Ibrahim Shukrallah, Director of the Political Department, League of Arab
3tates (No. 37) . Both emphasised that the destruction of Arab villages and the
establishment of Jewish settlements were interrelated. According to the figures
available to their organisations, some 500 Arab villages had already been destroyed
for that purpose. They gave specific cases as examples of that policy particularly
in the Gaza Strip. They emphasised that that policy, which was a flagrant
aggression against human rights, constituted a major obstacle to the establishment
of peace. The situation was specially grave, they said, because of the clear
intention of Israel to establish new settlements.
169. This intention had been stated in particular by the Israeli Minister for
Agriculture - also Chairman of the Ministerial Committee for Settlements - who had
spoken about several plans such as the increase from 25 to 50 the number of Israeli
settlements in the Jordan Valley; to establish a belt of settlements between the
occupied Gaza Strip and the liberated Egyptian Sinai and to encircle Jerusalem with
Jewish settlements in order to increase the population of the city to 1 million
inhabitants.
170. In addition to the establishment of new settlements, they noted that the
policy to strengthen and enlarge the existing settlements had been advocated
repeatedly by Israeli officials. Thus the Israeli Minister of Defence,
Mr. Weizman, had recently announced a plan for the creation between Jerusalem and
Rsmallah of a large settlement town to be called "Gabaon".
171. That official attitude was still reinforced by the actions of private ZouPs
such as the Gush Emunim group, which acquired lands for further settlements. That
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group, they said, worked hand-in-glove with the Government, and the financing of
its operations was partly provided by official Government circles. As to the
method used for that purpose, the group would send some of its members during the
night to the location concerned. They would build primitive housing in which they
would establish residence and gradually would increase their number to the moment
when a fait accompli had been established.
172. By implementing that policy, Israel has forced the Palestinians into
dispersion, forfeiting their right to return. Some of those who remained had been
thrown into jail under various pretexts. As to the peasantry, they had been turned
into a mobile army of unskilled or semi-skilled labourers that could easily be
persuaded to emigrate.
17'3. But while the Israelis numbered a little over 3 million, the witness said,
Arabs were still the majority in the North, the West Bank and the Gaza Strip.
Therefore, to fail to redress such a grave injustice would just keep the cause Of
contention alive.
174. The Chairman stated that the Commission had taken due note of the statements
made by the two witnesses in the same way it had taken note of statements made
during its visits to other Arab countries when other witnesses were presented to
it. The fact that the witnesses had stated that they belonged to the Arab League
would not imply, however, on the part of the Security Council CornmissiOn any
involvement in the dispute related to the location of the League headquarters.
175. The four other witnesses (Nos. 38, 39, 40 and 41) referred essentially to the
situation in Gaza. One of them (No. 38) described the area as being 45 kilometres
long and 8 kilometres wide; half of it, he said, was built up with houses, another
quarter bore citrus plantations and the remaining quarter was inhabited by some
500,000 Arabs.
176. Another witness (No. 41) stated that five Israeli settlements had been
established on some 12,000 dunums of land. Roads had also been built on Arab land
and. the owners, said another witness (No. 38), rejected any offer of compensation.
177. Some witnesses referred to different sorts of pressure exerted against the
inhabitants to compel them to leave. A witness (No. 41) said that, for example, an
Israeli would knock at a door at night, saying that he was an Arab commando and
asking refuge. He would stay one hour or two and later on the inhabitant would be
arrested and expelled. Another possibility was for the Israeli authorities to
grant an authorisation to visit relatives outside the Strip but not let the
inhabitant return. A reference was made also to the control of water through
meters fixed on wells to limit the supply; the water would be completely shut Off
if the consumption exceeded the fixed limit (No. 38), thus compelling the
inhabitant to leave.
178. The same witness recalled that when Israeli troops entered the Strip in 1967,
they encircled the villages, put the men aged 15 to 30 on trucks and took them to
Egypt, thereby expelling some 12,000 young men who were never allowed to return.
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179. Another witness (No. 39) stated that the purpose of the settlements in
addition to changing the demographic nature of the area was to terrorise the
inhabitants. Those settlements, he said, were heavily armed while the local
inhabitants had no weapons. Friction and clashes among the two groups left many
victims among the Palestinians.
180. As to the procedure followed by the Israeli authorities to establish or extend
their settlements, a witness (No. 41), who said that he had left Gaza one month
before, stated that when the Eretz settlement had decided to build a road leading
to the seashore, the Israelis confiscated his land with its vineyards and also took
over several buildings which the United Nations had built for the refugees. In one
of those buildings which, the witness said, still belonged to UNRWA, the
inhabitants were given 24 hours to leave before it was destroyed.
181. Mr. Ali Khalil, representative of the United Nations Association (No. 42) made
an appeal to the Commission to help the Security Council deal with the question of
settlements which he emphasized was an obstacle on the road to peace.
(c) Private meeting
182. During its stay in Cairo, the Commission had an opportunity to exchange views
with Dr. Hafez Ghanim, Chairman of the International Law Association and other
members of the Association.
183. Among other points, Dr. Ghanim and his colleagues drew particular attention to
the illegality of the establishment of settlements in occupied territories with
regard to international law. They also questioned the validity of the status and
functions of the Office of the Custodian of Absentee Property, which was
established in Israel by law in 1950. Dr. Ghanim emphasised that that official was
given a free hand over such properties, which could then be disposed of at the whim
of the Custodian.
184. The Chairman expressed appreciation to Dr. Ghanim and the other members of the
Association for their informative briefing.
F. Statements by the.Chairman.of the Palestine Liberation
Oraanization (PLO,) and other officials of that
organization
185. In the course of its visit to the area, the members of the Commission had
several exchanges of views with representatives of PLO. In Damascus, on 27 May,
the Commission heard a statement by Mr. Najib Al Ahmad, Special Representative,
Political Department and, the following day, statements were also made by
Mr. Habib Kahwaji, and Mr. Abdul Muhsen Abou Meizar, both members of the Executive
Committee. Moreover, in Beirut, on 30 May, the Commission had a private meeting
with Mr. Yasser Arafat, Chairman of the Palestine Liberation Organisation.
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186. In his statement, Chairman Arafat said that the Israeli Defence Minister had
recently confirmed his previous declaration that the Israelis wanted to destroy
the Palestinians and that the shelling in southern Lebanon would not stop as long
as that goal had not been reached. This, he said, explained the daily killing of
children and destruction of schools by fragmentation bombs, although their use was
forbidden by international law. 6/
187. As a result of those developments, the number of refugees in Lebanon had
increased up to some 600,000 of which 150,000 were Palestinians and 450,000
Lebanese. The PLO had to fight not with a view to attacking but just to defend its
people. Inside Palestine, the Palestinians who were still there were treated like
slaves. They were under the control of the occupation forces for every way of
life including the amount of water they are allowed to use in their villages,
because water was allocated by priority to Israeli settlements. Meanwhile,
Chairman Arafat said the Palestinians who were compelled to leave their country are
now used as experimental targets for all new types of those weapons provided to
Israel by the United States.
188. Chairman Arafat pointed out the distress of the Palestinian refugees who had
been uprooted from their own land and stripped from their national identity. He
referred to their daily problems concerning, for instance, the obtaining of a
passport or how their children could go to school. Many new-born children, he
said, were not even reported because their parents lacked the necessary papers. It
was sad indeed that in such circumstances the international community did not take
the sort of strong action which could remedy the situation.
189. As to the Camp David agreement, Chairman Arafat said that while it specified
that the Israelis should not attack the Jordanians or the Syrians, it did not
mention the Palestinians. That omission implied an invitation to Israel to attack
the Palestinians; clearly the Israelis were responding to it.
190. More trouble would come up, he said. But in the long run, PLO would succeed
just like the many other leaders who, after acting as liberation fighters were now
representing their own countries at United Nations Headquarters.
191. In the present context the development of Israeli settlements was the centre
of the matter, he said. Most of the refugees had to leave their country because
Israelis wanted their lands. And now the trend was increasing and the
establishment of new settlements demonstrated Israel's policy of colonising the
occupied territories and banning fcr ever the return of the Palestinian refugees,
in violation of United Nations resolutions.
192.,For that reason, PLO was hoping very sincerely that the Commission would ,be
successful in its tasks which, it was to be hoped, would bring peace despite
Israel's,refusal to co-operate with it.
6/ Part of a fragmentation shell was shown to the Commission.
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193. The Chairman of the Commission thanked Mr. Arafat for his informative briefing
and assured him that the Commission would do its utmost to fulfil faithfully its
mandate.
194. When at another meeting Mr. Najib, Special Representative of the PLO
addressed the Commission in Damascus, he pointed out that for the establishment
of the settlements on Arab lands in the West Bank, the Israeli Government had
allocated half a billion Israeli pounds for the year 1979. ?breover, it had
been decided, he said, to build 20 Israeli settlements in the West Bank in 1980
and 45 within the next five years to accommodate 58,000 Jewish families.
195. Mr. Al Ahmad then gave an account of the practices used by authorities to
compel Arab inhabitants to leave their lands. Thus the Arabs were prevented
from digging any artesian wells without special authorization, which was difficult
to obtain. The owners of the wells were compelled to install water meters and
could irrigate their land only with the amount of water allocated to them and
only during specified hours. That practice led to a decrease in agricultural
production, which compelled the owners to abandon their lands. He referred also
to acts of destruction or damage to Arab water pumps perpetrated by the Israeli
settlers to prevent the Axbs from irrigating their land and further noted that
Arabs in the West Bank and the Gaza Strip needed a special authorization to
plant trees or replace those previously planted.
196. Mr. Al Ahmad challenged the Israeli Government claim that it established
the settlements only on public lands. He referred to his own experience in 1948
when Israel occupied 90 per cent of the land of his native village, Romana, and
in 1967 when it occupied the rest. Mr. Al Ahmad was then put in jail, for
security reasons, and after spending 13 months in prison he was expelled with his
family.
197. In that connexion, the witness gave some information on the treatment of
prisoners in the occupied territories. He also noted that more than 2,000 Arabs
had been forcefully deported without even the use of indirect nays of pressure.
A large number of these deported people,he said, were professionals such as
physicians, engineers, teachers and lawyers.
198. Mr. Al Ahmad also drew attention to the fact that 2,875 Arab houses had
been blown up for so called security reasons.
199. Mr. Habib Kahwaji, member of the Executive Committee of PLO who indicated
that he was expelled from the West Bank, said that, under the pretext of
maintaining security, the Israeli authorities had embarked upon a programme of
gradual judaization of the occupied territories. This was pursued through the
creation of a wall of settlements between those territories and neighbouring
Arab States; the frapplentation of the territorial unity of the West Bank and,
the Gaza Strip into small areas isolated from each other by Jewish settlements;
and the isolation of major Arab cities in the area from their natural Arab
surroundings.
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ZOO. Over the past 12 years, in order to acquire the lands needed for its
settlements in the West Bank and the Gaza Strip, Israel had seized an ares
equivalent to more than one quarter of the total area of both territories.
201. The various ways resorted to by the Israeli occupation authorities to seize
Arab lands included the following:
(i) Acquisition of public lands allocated for public facilities or for
the expansion of municipal zones;
(ii) Expropriation of privately-owned lands by invoking the Emergency Law
introduced by the British Mandate Government. This law as revised by
the Israeli authorized military governors to declare certain areas as
zones closed for military purposes;
(iii) Th e use of the Absentees ( Property Law of 1950;
(iv) The compulsory purchase of Arab lands, which consisted of seizing
privately owned land, then having the owners appear before the military
administration official to sign the sale contracts, prepared in advance;
(Y) The purchase of land through firms set up abroad either by the Jewish
National Fund (JNF) or the Israeli Real Estate Department, such as the
Rimanota firms, an American enterprise owned by JNF; and
(vi) The seizure of lands under the pretext that they used to be owned by
JNF before 1948.
202. Through these various methods of seizure and confiscation, over 60 per cent
of the arable lands OF the Jordan Valley, namely, 95,000 dunurns, had been seized.
In the Hebron area, in addition to public lands, the occupation authorities had
expropriated 1,000 dunurns in 1968 to set up the settlement of Qiryat Arba, another
1,000 dunums of the Samou’ village lands, 230 dunums belonging to the Bani Naeem
village in 1975 and about 160 dunurns in Hebron itself in 1979.
203. Several thousand dunums had also been seized in the Gosh Etzion area on the
Bethlehem-Hebron road, where five settlements were set up. The latest confiscation
in this area had happened in the Sheiks Abdulla hill, to the east of Kfar Etzion
and south of Bethlehem, whe:re several hundred dunurns were seized to be used for a
new Jewish town called Efrat. Last year, an area of 60,000 dunums in the Beit
Sahor area, to the south of Jerusalem, was closed and fenced.
204. When Israel made its decision to annex Arab Jerusalem in 1967, the outskirts
of the city, including an area of 70,000 dunums, were also annexed. In the autumn
of 1971, Israel closed other lands covering about 70,000 dunurns. These lands'
ranged from Beit Sahor in the south, through Al-Khan Al-Ahmar on the Jerusalem-
Jericho road, in the east, to the village of An&a in the north. Inside the
city of Jerusalem itself 18,000 dununs were seized. 1n 1976, a l,OOO-dunum area
in the Abu Dais village and 750 dunums in the village of Aizariah were
expropriated, and 1,000 dunurns in the Beit Or village and 800 in the Jila mountain
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near Beit Jala were closed. Several thousand additional dunurns had already been
closed in the village of Salwan. Last year the Israeli authorities closed and
fenced some 4,000 dunurns of the lands of the Anata village to the north of
Jerusalem.
205. The same happened in the Rsmallah area where, since 1970, the occupation
authorities had closed 2,400 dunums in the Al-Beera vicinity, to which were
added 1,500 dunurns in Jabal El-Taweel, near Al-Beera. In July 1978, lands
totalling 7,000 dunums were closed in the same area, half of them belonging to
Al-Beera and the other half to the villages of Yabrood and Dora El-Qar'a.
Meanwhile, some 600 dunums were expropriated in the village close to the Ofira
settlement to the east of Ramallah and other areas, in the village of Qaryoot
and Tar Mas'iya, were expropriated and annexed to the settlement of Shila.
Almost at the same time, about 200 dunums in the Nabi Salih village, to the north-.
west of Ramallah, were seized for the purpose of setting up a new settlement there.
The same also happened in the Nablus area. In the same year about 1,000 dunums
in the village of Tobas, near Nablus, were seized.
206. As to the Jewish settlement plans for the future, the witness stated that
the Minister of Agriculture and Head of the Ministerial Committee for Settlements,
Ariel Sharon, had stressed the necessity of transforming Jerusalem into a city
with 1 million Jewish inhabitants within 20 years, surrounded by other smaller
Jewish towns.
207. Last year, he said the Head of the Settlement Department of the Jewish
Agency, Paanan Weitz, submitted to Israeli Prime Minister Begin, a comprehensive
settlement plan for the establishment of 102 settlements by 1983, half of which
is to be established in the occupied territories. Mr. Weitz expected this plan
to absorb 10,000 Jewish families. Mr. Metitiah Drobless, the Co-Chairman of the
Jewish Agencies Settlement Department, explained that, according to this plan,
46 new settlements would be established within five years in the West Bank alone.
208. The witness went on to say that last February, the Israeli Government
approved a plan set by the Planning Office in the Jewish Agency's Settlement
Department for supplying water from the Lake of Tiberias to a Jewish settlement
site in the Jordan Valley and developing a main road to connect the northern
part of occupied Palestine with Jerusalem across the eastern slopes of the Nablus
Mountains. This plan aimed at the implantation of a wide range of Jewish
settlements on the eastern slopes of the Nablus Mountains and the establishment
of 33 settlements to absorb 20,000 settlers within four years. The cost of such
a plan was estimated by the Israelis at .U 5 billion.
209. For 1979, the Israeli circles were considering the establishment of 10 new
settlements in the West Bank and one south of the Gaza Strip. An Israeli official
source had announced on 5 December 1978, that by the end of the settlement
freezing period, two new settlements would be established in the Jordan Valley
and another in the Latroun area - that is on the boundary between Jaffa and
Jerusalem - at the first stage. At the second stage, it was intended to
establish three further settlements in the Jordan Valley. He also pointed o& that
the Israeli Government had approved a budget of .U 711 million for the improvement
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and expansion of the present settlements in occupied territories. Later on,
the Israeli Government had approved an extra budget of kZ:I 1 billion Israeli lira
for further care of the occupied territories' settlements.
210. Mr. Abdul Muhsen Abou Meizar, member of the PLO Executive Committee, said
that, as a Jerusalem attorney, he had been a member of the municipality of that
city and a member of its Town Planning Committee. Until his deportation he
also had been a member of the High Islamic Council.
211. The witness described some of Israel's practices in the occupied Arab
territories, which, he said, were in clear violation of the 1949 Geneva Conventions,
in particular of articles 2, 4, 27, 47 and 49 of the Fourth Convention. As to
the settlement policy, he said that it was in flagrant contravention of article 4.
Similarly, the annexation of Jerusalem in 1967 was in contradiction to article 47
of the Fourth Geneva Convention.
212. Contrary to Israel's al:Legation that the Jewish settlements constituted
a private activity on the part of Israeli citizens, it was clear, from the many
official statements on the matter, that it was in fact the policy of the
Government. ItS aims was the judaization of Palestine through the annexation of
lands, the expulsion of the Palestinian inhabitants, and the containment and
isolation of the remaining Palestinian agglomerations.
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III. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
2l3. When it set out to accomplish the task entrusted to it by the Security Council,
i.e., "to examine the situation relating to settlements in the Arab territories
occupied since 1.967, including Jerusalem", the Commission sought as a matter of
priority to secure the co-operation of a.11 the parties concerned, in order to carry
out its mandate objectively and comprehensively.
2~4. The Commission felt in that connexion that a visit to the area would be most
useful to its work.
215. The Commission, although aware of the views already expressed by the Israeli
Government in that matter, made persistent efforts at various levels to secure
the co-operation of that Government. As related in chapter I of this report, the
Commission was much disappointed by Israel's negative response to its approach.
It noted in that regard that Israel's attitude deprived the Commission not only of
the possibility of examining in situ the situation relating to settlements in the
occupied territories but also of any opportunity to receive from the Government
of Israel the explanations and comments which would have been useful to the
Commission in its efforts to assess the situation.
217. Having spared no effort 'co obtain information from a variety of sources, the
Commission believes that the present report contains a fairly accurate assessment
of the prevailing situation it was entrusted to examine.
217. Nevertheless, the Commission, having spared no effort to obtain information
from a variety of sources, believes that the present report contains a fairly
accurate assessment of the prevailing situation it was entrusted to examine.
218. In its endeavour to fulfil its mandate, the Commission felt that it could
assist the Council inter alia by: (a) bringing up to date the basic information
already at the disposal of th? Council; (b) determining the consequences of the
settlement policy on the local Arab population; and (c) assessing the impact of
that policy and its consequences with regard to "the urgent need to achieve a
comprehensive, just and lasting peace in the Middle East" stressed by the Security
Council in the preambular part of resolution 446 (1979), under which the Commission
was created.
219. In drawing its conclusions the Commission did not attribute the same value
to every piece of information it had obtained, but evaluated its significance freely
and critically, in accordance with: its relevance to the accomplishment of the
mandate of the Commission and its accuracy as determined by its coherence and by
the documentary evidence rendered by the witnesses as supplement to their
statements.
(a) Recent information on the settlements
220. According to the figures obtained, there are altogether in the occupied
territories 133 settlements, including 17 in and around Jerusalem, 62 in the West
Bank, 29 in the Golan Heights and 25 in the Gaza Strip and the Sinai.
I . . .
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221. The population of those settlements varies in number, probably depending on
the policy purposes predetermined for each settlement. In the area of Jerusalem
and the West Bank where the establishment of settlements has been the most
intensive9 the number of settlers has reached approximately gO,OOO, while in the
Sinai their number would be under 5,000.
222. The land seized by the Israeli authorities as a whole, either specifically
for the establishment of those settlements or for other stated reasons, covers
27 per cent of the occupied West Bank and the quasi-.totality of the Golan Heights.
223. On the basis of the information received, the Commission is convinced that
a number of settlements were established on privately-owned land and not only on
public land.
224. Many of those settlements are of a military nature, either officially placed
under the control of the Israeli army or de facto with a settler population of
military age. Moreover, those settlers are said to have at their disposal military
weapons in the midst of an unarmed Arab population.
225. According to several witnesses, tht= location of the settlements is determined
in accordance with agricultural designs, and also with what Israel considers to
be "security" purposes. This may explain for instance the existence of three
successive belts of settlomnts reported to have been established between Jerusalem
and the Jordan River and which would be aimed at "compartmenting" the local
population.
226. Supported by the strong influence of various private groupings, the settlement
policy is an official government programme which is implemented by a number of
organizations and committees representing both th? Govern!nent and the private
sector inside and outside Israel.
22'7. In addition to private contributions coming mostly from outside Israel,
the financing of the scttlcm?nb policy is essentially a governmental matter. In
that connexion, the Commission was told that the Israeli Government has set aside
the equivalent of $US 200 m.illion for expanding and establishing settlements during
the fiscal year 1979/80.
228. The Commission found e,vidence that the Israeli Government is engaged in a
wilful, systematic and large-scale process of establishing settlements in the
occupied territories for which it should bear full responsibility.
(b) Consequences of the settlement policy on the local population
229. The Commission is of the view that a correlation exists between the
establishment of Israeli settlements and the displacement of the Arab population.
Thus it was reported that since 1967, when that policy started, the Arab popule.tion
has been reduced by 32 per cent in Jerusalem and the West Bank. As to the Golan
Heights, the Syrian authorities stated that 134,000 inhabitants had been expelled
leaving only 8,000, i.e., 6 pm cent of th? local population in the occupied Golan
Heights.
I...
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230. The Commission is convinced that in the implementation of its policy of
settlements, Israel has resorted to methods - often coercive and sometimes more
subtle - which included the control of water resources, the seizure of private
properties, the destruction of houses and the banishment of persons, and has shown
disregard for basic human rights, including in particular the right of the
refugees to return to their homeland.
231. For the Arab inhabitants still living in those territories, particularly
in Jerusalem and the Wes’c Bank, they are subjected to continuous pressure to
emigrate in order to make room for new settlers who, by contrast, are encouraged
to come to the area. The Commission was told also that in the Golan Heights
Israeli authorities imposed Israeli citizenship on all new-born children in an
effort to assimilate the remaining population.
232. The settlement policy has brought drastic and adverse changes to the economic
and social pat-tern of the daily life of the remainin!? Arab population. As a mere
example of that evolution, the Commission was informed that a number of Arab
landowners were now compelled to earn their living and that of their family by
working on their own land as th e hired employees of the Israeli settlers.
233. The Commission considers that the pattern of that settlement policy, as a
consrcpencc~) IS cnusintf profound and irreversible changes of a geographical and
demographic nature in those territories, including Jerusalem.
234. The Commission has no doubt that those changes are of such a profound nature
that they constitute a violation of the fourth Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 1949 and of thr relevant
decisions adopted by the United Nations in the matter, more specifically: Security
Council resolutions 237 (1967) of 14 June 1967, 252 (1968) of 21 May 1968,
and 298 (1971) of 25 September 1971; the consensus statement by the President
of the Security Council on 11 November 1976; as well as General Assembly
resolutions 2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1967, 32/5 of
28 October 1977, and 33/113 of 18 December 1978.
(c) Impact of the settlement policy and its consequences on the
search for peace
235. While fully aware of the extreme complexities inherent in the Middle East
problem and at the same time recognizing the limitations in the scope of its
mandate, the Commission none the less had the opportunity to note a genuine desire
for peace in the capitals it visited as well as among the leaders of the Palestine
Liberation Organization whom it met.
236. Unfortunatel.y, the Commission has also perceived a deep sense of despair and
helpnessness, primarily among Palestinian refugees. This stems from the
realization that Israel's policy with regard to the occupied Arab territories
and more particularly its policy of continuing to establish more settlements is
unabated and undaunted either by United Nations decisions or any other external
factor. The Commission would like to state clearly in that regard that in the
course of its various meetings it felt that this settlement policy was widely
regarded as a most negative factor in the achievement of peace in the area both by
/ . . .
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the refugees themselves and a:11 those who mpport their cause, including the
neighbouring Governments for which that policy generates at national levels
economic and social problem of grave consequences.
237. Consequently, after examining the situation relating to settlements in the
Arab territories occupied since 1967, including Jerusalem, the Commission wishes
to reaffirm the determination made by the Security Council in resolution 44,6 (1979),
according to which "the policy and practices of Israel in establishing settlements
in the Palestinian and other Arab territories occupied since 1967, have no legal
validity and constitute a serious obstruction to achieving a comprehensive, just
and lasting peace in the Middle East".
B. Recommendations
238. On the basis of the conclusions reached, the Commission would like, therefore,
to recommend that the Security Council, bearing in mind the inalienable right of
the Palestinians to return to their homeland, launch a pressing appeal to the
Government and people of Israel, drawing again their attention to the disastrous
consequences which the settlement policy is bound to have on any attempt to reach
a peaceful solution in the Middle East.
239. In the view of the Commjlssion, as a first step, Israel should be called upon
to cease on an urgent basis the establishment, construction and planning of
settlements in the occupied territories. The question of the existing settlements
vould then have to be resolved.
240. The Council might further wish to consider measures to safeguard the impartial
protection of property arbitrarily seized.
241. As to Jerusalem, the Council should also call upon the Government of Israel to
implement faithfully Security Council resolutions adopted on that question as from
1967. Moreover) recalling IAat Jerusalem is a most sacred place for the three
great monotheistic faiths throughout the world, i.e., Christian, Jewish and Moslem,
the Security Council might wish to consider steps to protect and preserve the
unique spiritual and religious dimension of the Holy Places in that city, taking
into account the views of high-ranking representatives of the three religions.
242. In view of the magnitude of the problem of settlement and its implications
for peace in the region, the Security Council should keep the situation under
constant survey.
-----
Disk.
UWBW
GEMERAL
Sh3450/Add.l
c NC:aL
10 July 1979
ORIGINAL: ENGLISH
-. _
REPORT OF THE SECURITY COUNCIL COMMISSION ESTABLISHED
UNDER RESOLUTION 446 (1979)
Volume II
ANNEXES
CONTENTS
I. Summary of statmnmts mndr at the fourth meetinfr of th? Commission
on 30 April 1979
II. Summaries of testimony
III. List of settlements
IV. Map of' settlements
V. Documentation retained in the custody of the Secretariat
79-10595 I . . .
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Annex I
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.A_n-_n ex I
SUMMARY OF STATEMENTS :?lADE AT THE FOURTH MEETIWG OF THE
COMMISSION ON 30 APRIL 1979
A. Stst?ments by the Permanent Representative of Jordan to the
United mations and thr> representative of the Crown Prince
-o_f_ _ Jordan
Mr. NUSEIBEH (Jordan) expressed his Governr:entss satisfaction at the Security
Council's decision to deal with the problem of Israeli settlements, which more than
any other issw impinged on the achi?vewnt of a just, comprehensive and lasting
peat? in th? Middle Ea,st. He hoped that in its forthcoming visit to Amman, the
Commission would have the opportunity to talk to many witnesses who could give a
first-hand description of the situation in the West Bank and Jerusalem.
It was important to realize that, in addition to the original inhabitants of
Jerusalem and the West Bank who had been displaced by the Israeli occupation, there
were from 300,OOO to 400,000 people who considered the occupied territories their
home, although they had been working outside the area at the time of the occupation.
Thos? people had been sending their earnings back to relatives in the West Bank and
Jerusalem and had built homes there with a view to returning. He was a displaced
person himself, since he was not allowed to visit his home in Jerusalem.
It was important to clarify the situation with regard to the occupation of land
that fell within thr category of "State domain'?. Israel claimed that such land had
been the property of th? Jordanian Government and that, as a result of thoccupation,
it currently belonged to Israel as successor to the Jordanian Government.
That simply was not true. The State domain lands were the common property of the
peopl? of the area and had never been controlled by thP Government of Jordan. Their
status was similar to that of the Israeli kibbutzi~m. The cities and villages of the
area did not consist only of houses and buildings, but also of the surrounding
communal land. The native inhabitants who lived and worked abroad also had an
j~ntc?rcst in those, communal lands. Therefore , it was not sufficient to ask how many
people had been displacrd by the Israeli occupation. The question was much more
conrplex than that;.
'Thr+ Israeli practices in confiscating land in the West Bank and Jerusalem were
arbitrary and contrary to the 1949 Geneva Convention relative to the Protection of
Civilian Persons in Time of War. Th? Israelis simply sent a notice to each
property-owner stating that they were taking over the land and that the owner was
to go to the bank to collect the pi-ice thereof. There were cases, for example,
where the Israeli Government had offered the equivalent of $US 50 to $US 70 for
property in Jerusalem that was really worth $US 350,000. Nevertheless, even if the
Israeli Government offered $US 500,000 for a property, 99 per cent of the people
would not even consider accepting money. There were, of course, exceptional cases
where an individual had taken the money and moved to the United States or SOD?? other
country. However, that was illegal under international law and the Geneva
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Annex I
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Convmtion , according; to which such land must remain, for the duration of the
occupation, under the care of the custodian of the absentee or of the enemy owner.
Thra inhabitants whose land had been expropriated knew that they must not give up
their claim to ownership under any circumstances.
It ~8s important to understand the extent to which the entire territory of
th? West Bank had been vivisected so that every town was surrounded by Israeli
srtt1rmcnts. Under the current circumstances, for example, if the mayors of Nablus
and Hebron wished to meet, thug would not be able to travel from one city to the
other in a straight line.
He hoped that during its visit to th? area, the Commission would get as complete
a picture of the situation as possible. He felt that the Commission should extend
its visit to Amman for more 'than three days. He also wished to express a word of
caution about the wed to exe:rcise discretion about publishing the identity of
witn?lsses who might testify before the Commission. Some witnesses might not want
their nnmt~ divulged for fear of reprisals.
Tlw fact that Israel had refused to co-operate with the Commission should not
deter it from its work. The use of the term "incomplete" in th? Commission's
rrpol-t w~oula not be accuratP, although it would, of cows?, be an indictment of
Israel for hindering the Comm:issionss work.
'In conclusion, he reiterated his Government's willingness to place at the
Commission's disposal the large volume of data and maps that it had compiled. The
r~prrsentatives of the Office of the Crown Prince would be willing to provide
additional information and explanations to the Commission.
Mr. SAKET (Office of the Crown Prince of Jordan) said that there were
numwous mechanisms by which the Israelis had been confiscating land and evacuating
Arab inhabitants and property-owners during th? Israeli occupation of the West Bank,
whrther the pretext was security, the establishment of settlements, or ecological
consideration.
In a recent issue, the %1‘w Republic magazine had published information supplied
by an Israeli columnist on the Israeli process of establishing srt'clements, which
he divided into four stages. The first step was for a group of Israelis to occupy a
particular area of land, which gavr rise to clashes between the Israeli system and
individuals. Then a compromise could be reached, whereby those settlers could be
invited to Israeli military camps for a short period while negotiations between
the settlers and the military personnel were conducted. In the meantime, those
settlers commuted to certain cities in the West Bank or Israel, whjle at the same
time starting to establish kindergartens and schools on the temporary site that they
rem occupying. The military authorities then selected land nearby, which they
considered a closed area for security purposes, and moved the settlers into a new
adjacent area. At that stage, financing would materialize from various sources to
support construction of housing for thr new settlers.
HP wished to quote a number of figures and hoped that supporting documents would
be distributed subsequently. According to Israeli sources and his country's
/ . . .
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rstimates, confiscated land constituted 27.1 per cent of the total ares. of the West
Bank and snttl-merits constituted 6.3 per cent of the area of the West Bank, most of
the settlrments consisting of agricultural land. Thr greatest density of
settlements was in Arab areas such as Robron> Bethlehev and Jericho (33.4 per cent)
and the Jordan Valley (23.2 per cent), in the latter case owing to the availability
of water and cultivable land. The greatest concentration of settlers was in the
Jerusalem area (04.3 per cent), owing to Israel's unilateral decision to separate
that mea from the West Bank and annex it as Greater Jerusalem.
In addition to the concentra,tion of settlers around Jerusalem, certain other
characteristics of the settlements reflect& Israeli policy in the occupied West
Bank. There were 19 settlements in the Jordan Valley, particularly agricultural
and military settlements. Those settlements relied on th? water in the area and
the electricity network that had already been established in the West Bank.
Moreovw, the settlements were distributed in such a way as to encircle the Arab
inhabitants Andy at the same time ensure a source of cheap labour.
Eesides using the land, the Israelis sold their agricultural produce to the
West Bankers, thrreby competing with the Arab farmers of the West Bank. The
Israeli authorities also restricted use of water by Arabs. Four basic factors of
production, namely land, water, electricity and labour, were thus being used by
the Israelis.
B. Stateneent by the Chairman of the Committee on the Exercise -
of the Inalienable Rights of the Palestinian People
Mr. FALL (Senegal), speaking as Chairman of the Committee on the Exercise
of the Inalienable Rights of the Palestinian People, said that no just and lasting
peace in the Middle East was possible without resolving the question of Palestine.
The Committee on the Exercise of the Inalienabl? Rights of the Palestinian People
would therefore be glad to receive information from the Commission regarding its
plans and how its work was proceeding. It no doubt planned to visit and consider
the Israeli settlements in question, including Jerusalem. It would no doubt also
wish to meet not only Israeli military governors in occupied Arab territories, but
also elected officials and other representatives of the Palestinian people both
inside and outside the occupied territories. The Committee on the Exercise of the
Inalienable Rights of the Palestinian People would strongly endorse such steps, and
it felt that the Commission might also wish to meet the appropriate representatives
of the Governments of Jordan, Syria, Lebanon and Egypt.
The Israeli Government's consistent refusal to comply with the provisions of
the Geneva Convention of 1949 constituted an integral part of the Israeli settlement
problem, as did the question of the violation by Israel of human rights in the
occupied territories. The Commission might therefore also contact the Sp?cial
Committee to Investigate Israeli Practices Affecting the Human Rights of the
Population of the Occupied Territories.
With regard to documentation, the Commission might wish to use the docurwnt:s
submitted during recent Security Council debates end those obtained from the
/...
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Anne:: I
Page 4
various Governments concernr?d and appropriate United Nations bodies. He wished to
draw attention to th? lptter of the Committee on the Exercise of the Inalienable
Rights of the Pal!?stinian People rind its annexes (S/13132), which described the
strategic and military implications of Israeli settlements in the West Bank. Earlier
lrtters issued in 1977 and 1978 in docuents S/l2377 and A/33/154 might also be
useful to the Commission.
Hr would also provide 'the Corrznission with two studies prepared by the
Committee: on? on the right of return of the Palestinian people, an issue on which
the United Pations had taken a position as early as 1948 and which underlay the
problem of the settlemznts; and the other on the right of self-determination of the
Palestinian people, an egua.Lly important issue that impinged on the settlements
problem. Unless that problem was solved, it was difficult to see how the
Palestinian people could regain their rights.
In addition to useful background information on the Israeli settlements in the
Vest Bank and Gaza, the Committee would provide the Commission with its
recommendations, including those regarding Israeli settlements, which had been
endorsed rqeatedly by the General Assembly. He drew attention to the fact that
when the Committee had presented its basic report to the Security Council, the
majority of members of the Council had been in favour of adopting it, despite the
fact that one permanent meml)er had voted against it.
He wished the Commission success, in particular, in reminding the Government
of Israel that it was futile to persist in defying international opinion and United
Nations resolutions by continuing to strengthen and expand its illegal settlements
and to ignore the provisions of thr 1949 Geneva Convention. He emphasized how
appropriate it would be for the Israeli Government to allow the Commission to visit
not only the settlements but also the Holy City of Jerusalem, which formed part of
the occupied Arab territories in the United Nations sense of the words. The Israeli
authorities had recently allowed a mission from the International Labour
Organisation to visit the occupied Arab territories and therefore could not deny
similar access to a Commission of the Security Council, the most important peace-.
keeping body of the United Nations.
In visiting both the occupied Arab territories and the battlefield countries,
th? Commission would meet with representatives of the Palestinian people. He drew
attention to the fact that the sole recognized representative of the Palestinian
peoplka was the Palestine Liberation Organization; no one could refuse to accept
that fact, since the PLO representative had attended Security Council discussions
with the same rights as the representatives of Member States.
Israel's arrogant and aggressive attitude must not be allowed to distract the
Commission. The Security Council had decided to send a mission at the current point
in time, and the Israeli authorities must allow it to conduct its work properly.
That task would not be easy, but ho was confident that the Commission would do
everything possible to present all the elements of the problem.
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-A-n nex II
SUMMARIES OF TESTIMONY
1. In the course of its visit to the area, the Commission held discussions
with p;overnment officials in each of the four countries concerned. The Commission
also met with the Chairman of the Palestine Liberation Orflanization.
2. The substantial part of those discussions has been reflected in the body of
the report. Also in the report can be found an analysis of the testimony
received in each country.
3. Individual summaries of the testimony have been prepared by the Secretariat.
They are reproduced in this annex in the order in which the witnesses appeared
before the Commission, i.e., 22 in Amman; 13 in Damascus (plus 3 statements
:fromofficials of the Palestine Liberation Organization); and 7 in Cairo as follows:
I. Amman, Jordan - 20-26 May 1979
21 Flay
\,,Jitness No. 1:
Witness No. 2:
Witness No. 3:
Witness No. 4:
Vitness No. 5:
22 May
Witness No. 6:
Witness No. 7:
\>!itness No. 8:
LJitness No. 9:
Witness No. 10:
Witness No. 11:
Mr. Nadim S. Zaru
AtlOllWOUS
Miss Tawaddad Abdul Radi
Atl0n!pKW
Anonymous
Anonymous
Anonymous
Mr. Ali Dhib Omeiri
AIXXl$XOUS
Anonymous
Mr. Ibrahim B&r
Witness No. 12: Archdeacon Elya Khoury
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-2.2.- Play (cont'd)
%tness Vo. 1.3: Etr. Ibrahim t,lustafa Y&l-Sheikh
Witness No. 1.4: Anonymous
23 May
Vitness No. 15: Mr. Ruhi El-Khatib
%tness NO. 1,6: anonymous
b7itness No. 17: Anonymous
24 May
Witness No. 18: Sheikh Abdul Hamid El-Sayeh
Witness No. 19: Anonymous
Witness No. 20: Anonymous
1,Jitness No. 21: Mr. Shawkat Elahmoud Handi
25 May
\Titness No. 22: Armnymous (written statement)
II. -D amascus, Syria - 26-29 May 1979
27 MaY
Statement by Mr. Najib Al Ahmad, Special Representative, Political
Department, Palestine Liberation Organization
Witness No. 23: Dr. Adel Abdul Salam
Witness No. 24: Mr. Yassin Rikab
Witness No. 25: Elr. B'rjas B'rjas
TJitness No. 26: Mrs. Ain Al-Hayat-Daghout
Witness PJo. 2'7: Mr. Merii Chjair
Witness No. 28: Mr. Turki Saad El-Din
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28 May
Witness No. 29: Mr. Hosein Haj Hosein
TbJitness No. 30: Mr. Abdulla El-Kadry
1hJitness No. 31: Mr. Ibrahim El-Mimr
Witness No. 32: i%-. Mohemmad Kheir Fayez Eed
Witness No. 33: Mr. Radtian El-Tahhan
Vitness No. 34: Mr. Hosein Sami El-Ahmad
VTitness No. 35: Mr. Salama Said El-?,fohammad
Statements by representatives of the PLO:
Mr. Habib Kahwaji (Member of the Executive Committee)
Mr. Abdul Muhsen Abou Meizar (Member of the Executive Committee)
III. Cairo, Ep(ypt - 30 May-l June 1979
31 JWY
Witness No. 36: Mr. Yehia Aboubakr
Witness No. 37: Mr. Shukrallah
1Jitness No. 38: Mr. Abd Allah Mehana
Mitness No. 39: Mr. F&gab El Rahlawy
Witness No. 40: Dr. Mohammed Kassem
Witness No. 41: Mr. Mesbah Kresam
Witness No. 42: Mr. Ali Khalil
I. JORDAN
Witness No. 1 - Mr. N&i? S. 'Za~u,, Mayor of RamRllah
1. The witness gave an account Of incidents that had taken place between
5 June 1967 and 6 October 1969 when he was expcl~lcd frum his home town. One month
after the invasion in 1967, Isrwli e.nl:horj tics he.d. evacuated the inhabi-tents of
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three villages, Omwas, Beit Nouba, Y&lo, in the Ramallsh area in order to
establish a new city to accommodate new settlers, approximately 100,000 people. i
The villapes were then completely demolished. Six to eight thousand residents who
had been displaced had not been offered alternate housing. They had even
been forced, in some instances, to leave the Ramallah area and to cross the
bridge to the East Bank.
2. In another incident, which occurred in Jericho area five months after the
occupation, the Israeli authorities cut the water, then expelled the families
and confiscated the land. Most of the inhabitants had come to the Ramallah
area where they received help from the municipality. But the mayor had been
ordered by the Israeli military governor to stop any kind of assistance because
the Israeli authorities wanted those people to leave the area. Despite petitions
to the United Nations, foreign embassies and press conferences, Israel had
refused to let the displaced persons return to the area. Some of the families
had settled in the Ramallah area and some had gone to Amman.
3. The witness referred to various types of pressure used to force Palestinians
to leave their homes, including the cutting-off of water; repeated imprisonment
of land owners or leaders of refugee camps with the offer to release them if
they would sign a paper agreeing to leave the area; refusal to allow their children
to attend school, and confiscation and destruction of houses owned by Palestinians
Living abroad.
4. Mr. Zaru also cited numerous instances of confiscation of land, totalling
74,750 dunums altogether, supposedly because it had become a military zone,
which had nevertheless been given to settlers. He also enumerated various areas
total1in.o more than 32,000 dunums which had been confiscated in his area.
5. The witness stated further that Israel refused reunion of families in
disrqard of the Geneva Convention.
TJitness No. 2 (Anonymous)
6. In 1967 the witness was living in the village of Deir Jareer, which comprised
33,161 dunums of land. Immediately after the 1967 war, close to 11,000 dunurns of
land were confiscated by Israel as a military zone. In 1975, a military camp
was established on 2,000 dunurns of one of the most fertile lands. The witness
had personnally owned six dunums there. Roads had been built and electricity
and water extended to the area which was called Negmet as-Sabah. But in fact
it became a settlement and many Arab inhabitants had had to leave for other towns
while the occupation authorities were leasing the confiscated lands to new
settlers.
7. The witness had been director of the preparatory school of Jenin for girls.
AS a result of her peaCefUl resjs~la~u?, she had been accused of collaboration
with the fedayeen, arrcs.tc~ on 11 Jauu~r?/ 1960, released 10 days later but
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dismissed from her position and forced to leave the Aghwar zone and sign
documents stating that she would never cross over to Israeli territory.
0. In her testimony, the witness gave detailed accounts of the treatment
given to male and female prisoners, minors as well as adults, subjected to torture
aimed at proving that these prisoners were members of the resistance. Referring
to constant and frequent administrative arrests, fines, custody and expropriation
of lands, the witness emphasized that the complete evacuation of occupied
territories was the major Israeli aim.
Witness No. 4 (Anonymous)
9. The witness concentrated on four particular aspects of the question of
Israeli settlements: (i) whether the settlements were constructed on State or
private land; (ii) pattern and process of land seizure; (iii) exploitation of
the underground water resources of the iJest Bank by the Israelis for the exclusive
use of the settlers; and (iv) the impact of the Israeli settlements on the Arab
population.
(i) Whether the settlements are cons&xcted on State or private land
10. The Israelis claimed that settlements were established only on State land
and that no privately owned land was seized for their establishment. Althoufih
the establishment of settlements, whether on State or private land, is'illesal
under article 14 of the Geneva Convention and relevant United Nations resolutions,
the witness had carried out a survey of most of the lands seized after 1967
and currently under direct control of the Israeli civilian settlements, in order
to verify that assertion. These land estimates did not include areas seized
for military bases OS fenced off for military purposes, such as the Zhor Area
(that land next to the Jordan River) or large areas closed off, again for
undefined security purposes, in the highlands of the West Bank overlooking the
Jordan Valley.
11. As stated by the witness, the categories of land ownership considered as
private were the following: (a) mulk land or private land where the owners have
clear title deeds; (b) -m- itii land which has been actively cultivated for
generations,by the farmers and registered at the Ministry of Finance for land
tax purposes' (c) Ij-i ftlik or mudawwar lands which have been also actively cultivated
by Palestinian farmers and which, in the nineteenth century, were nominally under
the title of the Ottoman Sultan and were recognized by the British and Jordanian
Governments as private lands.
12. The categories of land included under State ownership or what are called
"public domain" lands included the following: (a) mawat lands or waste land
including desert, forests, and rocky cultivated mountain tops not owned by
individuals; (b) lands which were the 'sites of British Mandate Taggart forts
and Jordanian police or army camps; and (c) lands which have been designated
for community purposes such as parks and hospitals.
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13. Based on the above criteria, the witness had found that out of an estimated
125,630 dunums of cultivable land taken by the Israelis for the exclusive use
of the civilian colonies, 11,816 dunums, that is 9.4 per cent, were State lends 2
and 113,814 dunurns (90.6 per cent) were private lands. The witness submitted
a document providing details of estimated land areas of settlements in the
West Bank, Uest Rank Highlands and East Jerusalem.
(ii) Pattern and process of land seizure 14. The process by which lands under cultivation by Palestinians were seized
and transferred for use by Israeli civilian colonies began with the erection by
the Israeli armed forces of boundary markers or barbed wire fences which
defined the area to be grabbed. The military governor then informed the leaders
of the village which owned the land that for security reasons they were not
allowed to enter the closed-in areas. If it happened that this closed area had
crops or fruit-bearing trees, the Israelis, over the last 11 years of occupation,
had systematically destroyed, bulldozed, defoliated, uprooted, and cut down
such crops and trees. This planned destruction had taken place invariably in
almost all the areas that included seizure of privately owned cultivated land.
In fact, the destruction of Palestinian homes and crops began right after the
1967 War with the seizure of 20,000 dunums of cultivated land in the Latrun
salient belonging to three villages (Beit %ba, Yalu, and Amwas) which were
completely erased. The witness noted that Israeli colonizers of the settlement
of Yevo Horon, built on the ruins of Beit Nuba, were now cultivating the lands
of these three villages.
15. Similarly, the destroyed villages of El-Ajajreh and Jiflik were replaced,
by the settlement of Massua; Makhrouk by Argamon; Artas by Allon Shevot;
Frush Beit Dajan by Hamra; wheat fields defoliated by planes in Akraba were now
cultivated by the settlement of Gitit which, furthermore, was in the process of
expansion through additional confiscation; 600 plum trees were cut down on
Beit Ummer land now cultivated by Migdal Oz; and in Beit Furik, the bulldozed
land had passed under the control of the settlement of Mekhora.
16. Furthermore, it should be noted that land seizure was not a static process.
As the settlement grew and more settlers were brought in, additional land in
the nearby vicinity'was taken in the same manner; thus, every settlement was a
continuous threat to the surroundinfl Palestinian villages.
(iii) Exploitation of the uhderground water resources of the West Bank by the
Israelis for the exclusive use of the settlers
17: The witriess noted further that the Israeli colonization process in the
iJest Bank had not beeti'restricted to land seizures. It had also involved the ,',
exploitation of the scarce underground water resources by the Israeli authorities'~
vho had been drillinK deep bore holes and installing powerful punips in all areas"
of the Nest Ba.nk. The pumping of this underground water had taken place mostly.,
in the Jordan Valley in favour of the Israeli agricultural settlements, for "'
domestic and irrigation purposes. As of date, the Israelis had drilLed some
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20 deep boreholes (from 300 to 600 metres deep) in the Jordan Valley and were
pumping an estimated 15-17 million cubic metres per year to irrigate exclusively the
lands seized for the Israeli settlements. A number of these wells had been
drilled in close proximity to local Arab springs contrary to Jordan laws regulatinfl
the drilling of new wells. For example: two wells in the Jericho area above
Ain ,Sultan spring; three wells drilled on the site of Al-Auja spring:; tvo wells
drilled on the site of the Phasa'el spring; four wells drilled in the Uadi Fara'
basin; and two wells drilled in the Bardala basin. Already the impact of these
well-drilling practices had been felt in Jericho where the salinity content of
the water, being pumped from pre-1967 Arab wells, had noticeably risen in
the last two years. The wtflow of the Al-Auja spring which was on average
11-million cubic metres per year was presently down to a trickle. Informed
hydrologists linked this drastic reduction in the outflow of the Al-Auja spring
to the three Israeli wells dug on the site of this spring. The depletion of the
Al-Auja spring was presently threatening the destruction of all cultivation for
the village of Al-Auja. To alleviate a disaster, the farmers of Al-Auja had
asked the military authorities either to stop pumping from their new wells to
supply the Arab farms with water from the Israeli wells, or to be allowed to
drill for the village a new well which could complement the water supply of the
spring. The Israelis had categorically rejected these requests.
18. Another example of the impact of these Israeli wells could be seen in the
Bardala region, where two wells dug by the Israelis had completely dried up all
springs and wells in the region belon@ng to farmers from three villages:
Bardala, Ain al-Bayda, and Kardala. Recently, the Israeli military authorities
had accepted the responsibility for the drying up of the Arab wells and had agreed
to supply water from the Israeli wells to the villages. This outcome placed the
Palestinian villagers in a position of total dependence upon the Israeli settlers
for their water supply.
19. Not only had the Israelis been freely developing new wells and thus Stealing
the scarce water resources for their own exclusive us,e, but they had also since
1967 placed a ban on any new Arab wells for irrigation purposes. They had also
restricted the mount of water the Palestinians could pump from pre-1967 existing
wells by forcing water meters to be placed on these wells. In brief, the
occupation forces were not only using a resource that did not belong to them,
but they were also preventing the indigenous population from developim their
own.
(iv) Impact of the Israeli settlemen&? on the Arab population
20. The impact of the colonization process on the local Palestinian population
had been devastating,,the witness said. Thousands of, farmers had been displaced
from their lands, from their source of livelihood, their works, and their natural
resources.. The villages that had been most hard hit by these land seizures were
those located on the eastern highlands overlooking the Jordan Valley, mainly
Majdal~ Beni Padal, Akraba, Beit Furik, Beit Dajan, Tammun, and Toubas. For
example, the village of Beit Dajqhad lost an estimated 80 per cent of its
cultivable prime land with the result that 90 per cent of its pOpulatiOn of
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2,000 inhabitants had become partially or completely landless farmers. The
same had happened in the nearby village of Beit Furik where an estimated
60 per cent of its land holdings had been seized or closed off for the
settlement of Vekhora and some 80 per cent of the village population of 4,000 had
become partially or totally landless. As Israeli settlements were now being
built everywhere on the West Bank, their adverse effect were affecting more and
more villages. Then some of the landless farmers had to become wage labourers
sometimes in the Israeli settlements established on their own lands. Many of
them had had to go elsewhere.
Uitness No. 5 (Anonymous)
21. The witness referred to expropriations of land, violations of human rights,
sacrileges committed against religious areas, settlements established in the
Hebron area and individual land seizures. In 1968 a group of people had
established a settlement in the Hebron area. In 1971, Israeli military authorities
had by decree closed 3,000 dunums of agricultural lands with houses on them
ostensibly for security reasons. The authorities had started a building for
border police and then 1,500 houses and a synagogue. Small industries had been
established in the area and some 2,000 Israelis were presently living there.
22. Detailing the pressures exerted on the Arab population, the witness
referred to a number of instances of harassments and imprisonment Of adults
and children and to a recent proposal to unify the municipalities of Hebron and
Kiryat Arba, the new settlement, under a Jewish mayor. In 1979, the settlers
of Kiryat Arba had taken an additional piece of 500 dunums of land to build
500 housing units. The people of Hebron had gone to the Israeli Court to ask
that that decision not be implemented. The Court had decided that the decision
to build houses for the purpose of establishing a settlement was illegal.
Nevertheless, the establishment of the settlement had continued. The witness
also gave a detailed account of sacrileges committed against various religions.
23. Uith regard to individual seizures of land and buildings, the witness
cited among others an instance in which the settlers in Hebron, using as an
excuse an old synagogue, which had been in ruins for 500 years, had destroyed
a building belonging to the municipality of Hebron. He noted that letters and
cables to newspapers from the people of Bebron were censured by the military
authorities and that, meanwhile, Israeli settlers continued to survey other
areas for neri settlements in Hebron, as elsewhere.
Witness No. 6 (Anonymous)
24 . The witness said that his statement would relate to the village of Amwas
where he lived for 30 years.
25. This village is located 25 kms. west of Jerusalem. Before the events of
5 June 1967 the village had 800 houses, with 3,500 to 4,000 inhabitants,
two mosques, one Carmelite convent under the protection of the French Government,
and two schools. It was equipped with two wells for drinking water and an
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installation providing runninE water for 280 homes. Amwas is an agricultural
area with olive trees and fruit trees.
26. That village was destroyed in 1.967, without any military justification.
T'ne Arab Legion had withdrawn from the area two hours before the arrival of the
Israeli troops; none of the inhabitants had any weapons and therefore there was
no military or armed resistance. Nevertheless, on 6, 7 and 8 June 1967, after
the occupation by the Israeli Army, one third of the village was dynamited and
all the houses were blown up. Then on 24 -June, the Israelis began to destroy
two thirds of the village by the use of bulldozers. Only two mosques, the
cemetery and the Carmelite convent were spared.
27. During all the events connected with the destruction, which lasted about
one month, the entire area was closed to everyone except the Israeli Army.
French priest Paul Gauthier got the closest to the village and made a report,
protesting against what had happened, and addressed it to the Israeli Army.
20. Returning to the ordeal suffered by the inhabitants, the witness said that
during the first day of war about 100 or 150 villagers from Pmwas had taken
refuge in the monastery. But at the end of the fighting: when they tried to return
the Israeli soldiers did not let them enter their houses. On 12 June, two buses
with Israeli armed soldiers arrived in the monastery and the refugees were
ordered to leave this monastery. They refused but the Israelis came into the
monastery and pushed the refugees by force outside. They were then taken to the
village of Beit Sira. The witness pointed out that most of those refugees were
in nie;ht clothes and that they had nothing with them, not even food or water.
It was impossible to establish any kind of contacts with them for almost
two months. At the beginning; of July, the person in char&e of the monastery met
in Ramallah with the chief of the district,of Amwas and the leaders of Anwas.
They asked the Israeli authorities to allow the refugees in Ramallah to return
and reconstruct their village. But that request was rejected.
29. The witness gave as a reference the book, A Lost Victory, written by
Amos Kenaa, who was a head of the group that the Israeli Army entrusted with
the mission of destroying this village, The book was published in Tel Aviv in
1970 by Abraham Publications and it is a first-hand report of an impartial
witness. According to the witness, he heard from a great number of people that
during the destruction of the village some elderly people who were not able to
leave their homes were killed under their houses when they were blown up.
30. After the war two thirds of the villagers moved to Amman and one third
remained in Ramallah, Jerusalem and in other villages. Never until now have any
of those villagers been able to return to that village to live or~work. The
Israeli authorities transformed that village into a leisure park, planted trees
and called it Canada Park. Asphalt roads had been built in the village and
around it. The witness outlined that the only remaininp; part of Amwas now was
the Carmelite convent, which was located in the middle of the village and used
to be surrounded by many houses. He noted that if there had been any battles,
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that convent would have been destroyed too, due to its location. It was not
and it proved that the village was destroyed deliberately. All the lands of the
village had been seized and were now beine exploited by the Israeli foundation,
ICerin Kiemet, and by the inhabitants of the nearby Israeli settlements. All
the area was irrigated and the irripation network was established. Two kilometres
away from Amwas, the Mevo Khoron settlement was founded. A" artesian well
dug "ear this settlement provides a great amount of water to irrigate the lands
in the area. Arab workers are used to exploit these lands but not one Arab
has any property in this area or can in any way become a" owner.
31. Replying; to questions the witness said that he could not give any precise
reason for that destruction. According to his knowledge no one received any
indemnity. He also noted that two thirds of the houses in the villape were
still intact on 13 or 14 June 1967. Furthermore, no settlement had been created
in this particular way. However, that area may have been considered as
important strate&cally and commercially because it is the key to Eab el-Wad
and to the roads to Ramallah, Gaza, Jerusalem and Tel Aviv.
Witness No. 7 (Anonymous)
32. The witness, who lived in Qalqilia on the frontiers of 1948, said that most
of the land in that area was in the hands of Jews but the houses and the
highest areas belonged to the Arabs. The local people, being very'active in
the field of agriculture, had succeeded in transforming the rocky land into
a prosperous and fruitful area, in particular, by digging some 50 artesian wells.
This is a real motive why Israel had led various attacks in that area before
1967, in particular on 10 October 1956 and 5 September 1.965, when 11 artesian
wells were destroyed by Israel.
33. During the 1967 war, 60 per cent of the houses in the village were destroyed
and its inhabitants compelled to leave for a period of 25 days. The villagers
formed a committee that carried out contacts with various consulates and
finally, the inhabitants managed to return to their village. Land of about
22 dunums which belonged to different owners had been take" over by Israeli
authorities and surrounded with barbed wires.
34. Since then, in 1.976, the Israeli authorities installed some sort of
equipment in the artesian wells to control and limit the quantity of water which
could be used. These water restrictions forbade the villagers to make use of
the rest of their property and even compelled them to leave their land. The
witness said he had with him photocopies of the orders of the Israeli Water
Supply Authorities establishinf! strict limitations for the use of water for
each well during the current year. Since farming was the villap,ers' only source
of livelihood they were in serious need of water.
35. Referring to the settlements, the witness said that on the road between
Nablus and Qalqilia the Israeli authorities established two settlements at
Kafr Lakef and Kafr Kaddum. The first one was founded in 1976 in a wooded area
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and bulldozers uprooted all the trees. 'The second settlement was built on the
land of villagers of Kafr Kaddum, which had been levelled by bulldozers. Both
settlements started with about 20 houses, now they have approximately 150 houses
each and are surrounded by barbed wire. The authorities built some new roads
and equipped an artesian well with a motor engine and pipelines to supply the
two settlements with water.
36. RespondinK to various questions, the witness said that only a few of the
original owners had been paid for the houses that had been destroyed. The
amount paid for eack. house w&s about one quarter of its real value.
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-W- itness No. 8 - M--r.. . Ali --D-h ib Omeiri, Mokhtar of Beit Nuba
37. Mr. Omeiri said that on 6 June 1967, Israeli authorities occupied his
village. Cn that day the people of the village were asked to leave without being
given any explanation. After three days at the outskirts of the village, the
inhabitants of Beit Nuba were asked through loud speakers to return to their
homes and raise a white flag on the house. As the inhabitants came close to
their village, they were stopped by military personnel and their homes were
destroyed in front of them. As Mokhtar of the village, the witness appealed to
the military commander of the area, who confirmed that the people of the village
could not return to their village, which had been destroyed.
38. Describing the village of Beit Nuba, in the West Eank Highlands, Mr. Omeiri
stated that it was approximately 25,000 dunums in size and that the population
amounted approximately to 4,000 persons; it had two schools, and a medical
clinic. It was equipped with an artesian well and a flour mill. He added that
650 houses had been blown up and gave the names of 14 people who lost their lives
in that destruction.
Witness No. 9 (Anonv?s)
39. After giving an historical background of Zionism and explaining the various
mechanisms utilized by Israeli authorities to acquire the land of the Arabs,.the
witness talked about his own experience with Israeli settlements. He said that
at the beginning of 197'7 a project for a settlement started in the Salfit area,
located between the so-called green belt and the Jordan River. The new
settlement called Messha, 20 km from Salfit, started with 20 prefabricated
houses on land that had been confiscated from the village of Tefoa (between
Nablus and Jerusalem). In February 1978, Israeli authorities expropriated
another 500 dunums of land in the villages of Salfit, Kofar El-Harish and Marda
for a new settlement which was built by the group, Gush Emunim, and with the
approval and help of the Committee on Settlements headed by the Israeli Minister
of Agriculture. It started with 80 families and there are plans of settling
1,500 more families there within the next 5 years. Protests led nowhere.
40. In April 1979 the local councils in the Salfit district were informed of a
new expropriation decision concerning 3,500 dunurns between the settlements of
Alyeh and Tefoa. The occupying authorities took control of the only artesian
well, which is located in the village of Zawiya, in order to supply the abovementioned
two settlements with water, while the local inhabitants of those
villages were prevented from using it. The witness said that he was a farmer and
that Israel had expropriated 80 dunums of his land, which was the main source of
living for his family. Regarding the expropriation of land by Israeli
authorities, the witness noted that in some cases Israeli authorities offered as
barter other lands which belonged to families abroad whose properties had become
known as the land of absentee owners. However, the farmers had rejected that
offer on the grounds of its illegality and in the knowledge that it would
engender hatred among the Arabs involved.
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41. Replying to questions, the witness said that seldom were reasons for .the
expropriation given. However, in some cases security reasons were cited. In
reply to another question relating to the offer of compensation by the Government
of Israel, the witness stated that any compensfition which was offered was merely
a tenth of the real value of the land, but that this was not the point since he
wanted to keep his land. He added that while he was still farming the remaining
part of his land, he lived in the constant fear of being expropriated from it.
Witness No. 10 (Anon~&
42. The witness said that after being expelled from his house in 1948 he had
lived until 1967 in Hebron. lhen the Israeli occupying forces entered Hebron
on 9 June 1967, many inhabitants, having heard of the atrocities committed in
Jerusalem and Xablus, decided to leave. During the first three months, conditions
compelled other inhabitants to take refuge in Amman. The witness said that he
was a teacher and that at the beginning of the academic year, Israeli authorities
intervened in the teaching curriculum. The Arab teachers protested that intrusion
and organised a labour union to defend their views. Then they were accused of
relationship with Israel's enemies.
43. The witness was arrested. He was subjected to various sorts of brutal
treatment during his interrogation, including burning with flames and beating,
in an effort to compel him to make false confessions. Transferred from one prison
to another, his interrogators also threatened to harm the women and children of
his family if he did not co-.operate. He was informed of the appointment of a
lawyer for his defence who, after noting his physical condition, arranged with
prison authorities for a doctor to examine him. A medical report of his condition
was included in the file of his trial. The trial went on for about one year.
He was sentenced to 15 years. He remained more than five years in prison and
became seriously ill.
44. Largely as a result of the efforts of the members of his family abroad, the
military authorities agreed to release him on two conditions: (1) that he should
move to Amman, and (2) that his family, including his parents, should give up
their properties and go with him. He first refused, but finally moved to Amman.
45. In replying to questions, the witness said that the Israeli authorities
interfered in the curriculum of the school by imposing the deletion of any
references to nationalistic and/or religious enrichment, i.e. passages of the
Koran and poetry and songs referring to the Palestinian homeland. As to
information sought by his interrogators, he said that they accused him of
collaboration with Jordan and with actions aimed at chat&n& the status of
occupation. He added that his lawyer had written a book outlining the particulars
of his case in full detail under the title With&Own Eyes.
Witness No. 11 .- Mr. Ibrahim Ba&
46. The witness, a lawyer, had been the legal adviser of the "Maqf" Department
of the West Bank, including Jerusalem. He had been and continued to be the
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Arab Municipal Council of Jerusalem and the taking over of i,I,s duties by the
Municipal Council of West Jerusalem, the closing of the Arab CUUL-us: of &pces,
the District Courts and the Attorney--General's office and the estab]~j,s),mcrl~t o;
Israeli Courts in their stead, the replacement of Arab banks by Israeli banks,
the confiscation of the cash held by Arab banks, the levying of inc,me tax and
Of a tax on purchases and the imposition of excise duties. As to other brutal
measures, the witness also stated that Israel had demolished many Arab i,o,,scc.
and sometimes entire Arab quarters within the walls of the old city of Jer,L1~e-~~m
before replacing them with new settlements in order to change the nat:lre of the
population and make Jews the majority in Arab Jerusalem.
Witness No. 12 - Archdeacon Elya Khoury
50. The witness, a priest in the Anglican Church of the Diocese of ,Trlucnl(~m,
related his personal experiences right after the 1967 occupation until he was
put in prison and then his own experiences in prison and, when he was deported.
51. He was the vicar of St. Andrews Episcopal Church in Ramallah in 1967. At a
meeting of the Military Governor of Ramallnh with the heads of chur-!les to discuss
the needs of the Christian communities, he brought up the question of persecution
by Israeli soldiers of 7 to 9-year old school children whom he had seen beaten in
the street and school yards for expressing their anti-occupation feeling in words
and slogans. The Military Governor had pointed out that it was not occupation
but liberation, which, the Archdeacon noted, signified the fact that what Israel
had in mind was to "liberate" the land from the original population of the
country and to replace them with Jewish immigrants from all over the world.
52. On 2 March 1969 the Israeli soldiers had searched his house, the church
building and grounds and taken him to the Military Governor of Ramallah and then
to Jerusalem for interrogation. During three days they had endeavoured to find
out whether he had links with Al Fatah, the PLO, the Popular Front or any other
Palestinian organizations. Then he had spent two months in a Ramallah prison in
solitary confinement and had witnessed others being tortured. On 16 April 1969,
he had been released and deported immediately to Amman. Since then he had not
been allowed to go back to Jerusalem. He emphasized that Israel's ultimate aim
in the imprisonment and deportation of leaders was to deprive the owners ,of
their land in order to build Israeli settlements on it.
Witness No. 13 - Mr. Ibrahim Mustafa El-Sheikh
53. The witness was a resident of the village of Anwas with a FoFulation of 1,450
at the time of the occupation. On 6 June 1967, the Israeli troops entered the
village with artillery, arms and tanks. Four hours after the inhabitants were
ordered via loudspeakers to go to the house of the community leaders (mukhtar)
and then told to leave the village for Ramallah. Only the very old people and
the very young children remained in the village; the rest, under the threat of
being shot, were forced to leave without being allowed to take'nny belongings
with them. After's two-day walk they reached Ramallah. On 11 June they were
told via loudspeakers to return to their village. They walked back 32 kilome.tres
I . . .
and as they approached the villa,ge, at a distance of two kilometres, they saw the
village being blown up. The witness stated that all the houses and their contents
had been blown out, with th? old people and the very young children that had been
left behind still inside. They were then told by Israeli officials to go back to
Pamallah as their village was now declared a forbidden area for security purposes.
In Ramallah, th? villagers pleaded with the Military Governor to allow them to
return to their village but in vain. The Abbot of the Latrun Monastery tried to
intervene on the villagers' behalf and offered to the Military Governor to bear
the expenses for rebuilding the village, but was told that the matter was beyond
his competence, as the village had been blown up by special order of Moshe Dayan.
Mr. El-Sheikh recalled that in 1967, Anwas village had 40,000 dununs of
aC;ricultural lands, 800 houses, a primary school for boys with 600 ptipils, a
special primary school for girls with Jr00 pupils, special secondary schools,
two mosques, a post office, a network of drinking water and 2,000 dununs of land
planted with olive trees, walnut trees and other fruit trees. After the
occupation, the village, where the Jews had not owned any property prior to 1967,
was turned by Israel into a park, which was called "Canada Park". The whole area
was called Nakhshoun, including the land which Israel had had since 1948 with the
settlements of Nakhshoun on it.
Witness No,~(Anonymous)
54. The witness gave an account of how the Israelis expropriated about 1,000
dunums of agricultural land in his village of Northern Assira, situated between
Assira and Nablus.
55. Two months before, he said, the Israelis had informed the village mukhtar
(community leader) that the land in question was to be seized. They showed him
a list in Hebrew of the owners of that land and asked him to inform them that the
land was to become Israeli property. They told him that anybody who wanted
compensation should see the Military Governor.
56. Naturally, said the witness, the owners were upset to hear about the
expropriation of their land, since it was their sole means of livelihood, and
decided that they would not yield except under duress.
57. Two weeks later, the Israelis started building a road 10 metres wide and
4 kilometres long in an area covered with wheat fields and almond and aLive trees.
As a result, the owners sustained substantial losses.
58. Next the Israelis divided the land into parcels of 50 dunurns, installed
telephone poles and brought prefabricated walls.
59. When the mukhtar went to the assistant military governor for an explanation
of what was happening, he was told that the land expropriated was barren, to which
the mukhtar replied that the assistant governor could come and see for himself that
the land in question was indeed agricultural land. Since then, any shepherd or
any one of the villagers who v-ei?t:ured on to the expropriated land has been fired
nt by Israeli soldiers.
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60. In conclusion, the witness expressed his belief that Israel's aim in taking
over the land was to deprive the villagers of their livelihood in order to force
them to leave.
61. Among the 93 people who lost their land many had families to sustain,
including widows and small children. When the villagers had heard about the
ComGssion of the Security Council coming to the area, they chose him to
represent them in putting their case before it.
62. In reply to a question, the witness reiterated that the decision to
expropriate their land had been communicated to them two months before the
expulsion took place and that two weeks later the construction work had started.
Witness No. 15 - Mr. Ruhi El-Khatib, Mayor of Jerusalem
63. The witness said that he belonged to an Arab Moslem family that had lived
in Jerusalem continuously for hundreds of years. As Mayor of Jerusalem before
the occupation of the city by Israel, he had performed his duties until
29 June 1967, when Israeli authorities dissolved the Council of the Municipality
of Jerusalem, elected by the Arabs of this city. After the illegitimate
annexation of Jerusalem to Israeli administration, the witness was replaced as
Mayor by a Jew. In response to the protests made by the Arab residents of the
occupied territories, the United Nations adopted a resolution which refused to
recognise that annexation and all the measures that followed it.
64. The witness stated that on 7 March 1968 - nine months after the Israeli
occupation of Jerusalem .- he was taken out of his house by force during the
night and moved under Israeli military guard to King Hussein Bridge on the
Jordan River. He was just informed that his expulsion was because his presence
in the country was undesirable. No specific accusation was made, no protest
or trial was allowed. According to the witness, the number of people who were
expelled by Israeli authorities in the same arbitrary way runs to some 1,200
persons. The purpose of these expulsions was to eliminate the Palestinians from
their land and to facilitate the Israeli plan for the colonisation of Palestine,
a plan which, said the witness, was established at the first Zionist meeting in
Switzerland in 1897.
65. The witness gave an account of the Israeli measures taken after the war of
1967 in the annexed city of Jerusalem as follows: (i) terrorism and intimidation
(300 Arabs were killed) forced more than 5,000 residents to flee from their
houses, and property which were expropriated under the "absentee law"; (ii) the
destruction of Arab property, which on the pretext of reorganisation had the
result of expelling some 1,000 zore inhabitants and preparing the way for new
Israeli installations; (iii) the a dministrative and political annexation of
Jerusalem to Israel; (iv) the Judaization of the Arab economy in Jerusalem by
replacing the Jordanian currency by Israel currency, closing the Arab banks,
confiscating their assets and prohibiting in Jerusalem the Arab agricultural,
industrial and commercial products, thus paralysing the Arab production and
creating large unemployment among the Arab population while, at the same time,
I . . .
the installation of many Israeli factories inside and around Je1xsnlem cocixibuted
to the continuous process of colonisation; (v) the taking of a census of the
residents of Jerusslem on 25 June 1967 and the registration of the Arabs: these
&ctions were aimed at depriving the absentees of their properties, which were
confiscated in accordance with the Absentee Law of 1950.
66. After expropriating about 70 per cent of Jerusalem's land and pr,+cl.ty
belonging to some 60,000 Arab inhs,bitnnts who had left Jerusalem in 1948 after the
massacre in Deir Yasseen, the Israeli authorities began in 1967 a new series of
expropriations. In that connexion, Mr. El-Xhetib referred to two of his sons who
were studying abroad and relatives who being away had been prevented from coming
hack vhile their property had become part of an Israeli settlement.
6-f. The witness emphasised .that all the expropriation operations were carried out
under the pretext of public interest, but instead of hospitals, schools or roads,
Israeli settlements had been built. He then gave a detailed account of the
successive expropriation operations performed after the war of 1967 inside and
outside Jerusalem, as a result of which a sharp reduction in Arab ownership had
taken place. According to the figures provided by Mr. El-Khatib, before the
British Mandate, Christian and Moslem Arabs properties accounted for 94 per cent
and Jewish properties 4 per cent , while 2 per cent were owned by foreigners.
After thirty years of British Mandate, Arab properties accounted for 84 per cent
and Jewish properties for 14 per cent, while 2 per cent were still owned by
foreigners. Between 1948 and 1966, as a result of the Israeli policy of
expropriation based on the Absentee Law in the occupied part of Jerusalem, the
ownership of properties had changed to 25 per cent for the Arabs, 73 per cent for
the Jews and 2 per cent for the foreigners. In 1978 the figures were 14 per cent
for the Christian and Moslem Arabs, 84 per cent for the Jews, while the foreigners
had kept their 2 per cent.
68. 'The witness emphasised that the policy of expropriation in Jerusalem aimed
mainly at surrounding with Jewish settlers, three specific areas: the Mosque of
the Dome of the Rock; another area still mainly occupied by Arabs; and some Arab
villages just outside Jerusalem. This, he said, constituted a threat to the
very presence and existence of Arabs in the city. Although after each operation
of confiscation or expropriation the Israeli occupation authorities stated that
compensation would be paid to the owners of the land and that the owners should
meet with the officials in order to carry out the transaction for the
compensation, no Arabs had agreed to give up their rights to their land and
property.
69. Mr. El-Khatib further stated that under the pretext of discovering Jewish
historical sites the occupation authorities had started excavating under Arab
quarters, thus causing the collapse of buildings, which the Arab inhabitants had
to vacate, and the destruction of landmarks of historical, cultural, religious
and commercial nature. Those facts were well known since in the past 11 years
U>!ESCO had adopted 13 resolutions condemning Israel for those activities and
asking it to stop such excavations. In order to organize and expend these
operations, the Israeli authorities had created the Company for the Restoration
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and Urbanisation of the Jewish District of the Old City of Jerusalem, which was
entrusted with the evacuation and demolition of Arab buildings and properties
within the city wall, that is the area which includes not only the Jewish quarter,
as the Israeli claim, but also four Arab quarters which were expropriated on
14 April 1968. That Company had sent evacuation notices to about 6,000 Arab
inhabitants, who when they refused to leave were called before Court. In order
to ensure the evacuation, the Company also resorted to such action as excavations
in the streets supposedly for repairs, but which in fact caused the house
concerned to collapse. They also cut the water supply and took other measures
which caused hazardous health conditions for the inhabitants and col:;pelled them
to leave. As a whole, 740 families grouping 4.125 persons had been expropriated.
70. According to the witness, this Company and other Israeli organs were
co-ordinating their actions to replace the historical remains, buildings and
other property in Arab quarters with new buildings in which some 500 Jewish
families were living. Mr. El-Khatib then spoke of the question of Israeli
settlements in the occupied territories in general and in Jerusalem in particular.
Referring to the Lebanese magazine Arab Week of 10 October 1977, he cited that
between 1967 and 1977 the Israelis had established 123 settlements out of which
33 were not publicly announced because they were Nahal settlements which belonged
to military organisations, with their own rules, regulations and statutes.
Furthermore, he had heard on the Israeli television R statement according to
which within the past five years the Government of Israel had created 36 new
settlements, of which 28 were in the West Bank, 5 in the Golan Heights and 3 in
the Gaza Strip. After 7 June 1967, the authorities had been building new Jewish
quarters in Jerusalem on confiscated or expropriated Arab lands with a population
density higher than that of any other settlement in the occupied territories.
The witness cited a report in The Jerusalem .-P ost of 8 November 1974 which under
the title "On building a fortress Jerusalem" gave an account of wide-scale
construction on the expropriated Arab lands.
71. Mr. El-Khatib also referred to a book by Mr. Mehdi Abdal-Hedi, who had
personally visited the location of every quarter and settlement built recently
on the occupied territories. According to that author, the new quarters built
in and around Jerusalem after 1967 includes about 15,000 apartments, inhabited
by some 100,000 Israeli newcomers, and about 100 factories, employing some 5,000
workers, all of whom were living there illegally.
72. The witness mentioned various actions taken by the occupation authorities
against the Arab educational system and the transfer of the remaining
adminis.trations in the field of public health and social affairs; agitinst Arab
organs such as the Arab electricity company and the Arab water supply stations.
He referred in that connexion to a book he was writing on the Judaization of
Jerusalem.
73. Mr. El-Khatib cited also some figures showing the changes in the population
proportion in Jerusalem. At the end of the Bri.tish Mandate in 1948, the
population of Jerusalem and its surrounding villages and Israeli settlements
around Jerusalem was 240,000 inhabitants, of whom 140,000 were Arabs and Jews
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represented 100,000 - which means 58.2 per cent Arabs, as against 41.8 per cent
Jews. When Israel occupied and annexed the second part of Jerusalem in 1967,
the total population was 279,000 inhibitants: 80,000 Arabs - Christians and
Moslems - and lgO,OOO Jews, in other words, 30 per cent Arabs and 70 per cent
Jews.
74. According to the Israeli newspapers, by the end of 1978 the population of
Jerusalem increased to about 400,000, of whom 100,000 were Arabs and 300,000 were
Jews ." which means 25 per cent Arabs and 75 per cent Jews.
75. In response to questions the witness said that many people had been killed
after the cease-fire .- some in their homes, some in the streets of Jerusalem.
When the curfew was lifted, Mr. El-Khatib went around the town. He himself saw
the bodies in the streets and talked to the families of the victims.
76. The witness said also that a number of Arab workers who had lost their
previous jobs had been compelled to work for the Israelis in order to earn a
living and not to leave their homes. As to the Arab schools in Jerusalem, they
had been put under Israeli control and followed Israeli curricula. There were
only 15 Arab religious and private schools left in Jerusalem.
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\,7itness No. 16 (AWXI~~OUS)
'77. The witness stated that he v&s from the Al-4agharba quarter in Jerusalem.
After the occupation by Israeli troops of this area during the first half of
June 1967, 135 houses were demolished, and their inhabitants were expelled from the
area. The inhabitants of the demolished homes vere not allowed to remove personal
property of any kind. 1n April 1968 an expropriation decision was issued concerning
116 dwums, on which were 16 houses which had been spared. All requests to return
to houses and properties were refused. When appeals were made, they were denied,
and any inhabitant refusing to leave his home was forcibly ejected by the Jewish
housing authority. The witness further stated that he was one of the people
expelled from his home for the second time in 1976, the first tine being in 1.967.
78. Several pretexts were used for the demolition of the area, in one instance
that the houses were not safe, and in another instance that it vSS for
archaeological purposes. The people displaced by this expropriation S.re now
scattered in different parts of Jerusalem.
79. After 1968, lessees lost the protection of a law that was issued to protect
tenants from landlord's whims. Under the present law a tenant is protected only
for S one-year period. After that period the landlord may refuse to renew the
lease or has the right to limitlessly increase the rent. Since most Israelis oT,in
their property and do not rent, the force of this lavr falls mainly on the !~rahS.
80. In response to questions, the witness stated that his first 1aWer was
Jewish, but that under pressure from Israeli authorities the lawyer had abandoned
his caSe and advised him to retain an Arab lawyer, which he did. He added that
subsequent appeals were all dismissed.
Witness NO. 17 (Anonymous)
81. The witness stated that he was appearing before the Commission to represent
the municipality of Hebron, because the military authorities had prevented the
Mayor of Hebron from leaving his city and coming to be & witness before the
Commission. The witness stated that he lived in Eebron in 1970 when the ISi-aelk
created the settlement of Kiryat Arba, one of the largest Settlements in the West
Bank area.
82. In 1970, the occupying authorities and their troops encircled Sn area of about
500 dununs of the municipality of Hebron with barbed wire. When the citizens
protested, Israeli Defence Minister &she Dayan attended FL public meeting with them
and the former ilayor of Hebron. He swore on his honour that there wxld be only
one camp established in the area. A fen days later the Governor of the FJeSt Bank
issurd a military order expropriating 3,000 dunums of Hebron land from the internal
limits of the community.
83. In 1373, the Governor of the blest Bank, together with the Military Governor Of
Hebron, issued an order forbidding the Arabs from building anything on their lands
or houses within the municipal boundary of Hebron. On 12 December 1978, 38 Arab
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inhabitants and the witness 'himself wre summoned to the military headquarters where
they were informed that their area had been declared as a closed-off area and that
the inhabitants could not leave it without previous permission from the military
authorities. The area concerned comprised 38 houses inhabited by more than 400
people. In addition to closing off the area, the inhabitants were continuously
subjected to harassment by nearby settlers of Kiryat Arba. Soon after that
military order, the Mayor of Hebron received a letter accompanied by a map showing
a plan for the establishment of 500 new houses to be built on land and properties
belongong to fi.rab inhabitants (the witness submitted a copy of that letter and a
map). IIouses included in the plan were demolished to make room for new homes.
64. Speaking of the ordeal of the people of Hebron, the witness stated that
children were forbidden from going to school and that, by night, Jewish settlers
from ICiryat Arba shone floodlights and spotlights on windows of homes to frighten
the women and children. Those settlers were in military uniform; they belonged to
the Gush Cmunim Group and ue:re the same settlers who killed the children in the
demonstrations that occurred in Halhoul.
85. The witness indicated that the inhabitants complained to the United States
Consul in Jerusalem, who promised them that the Secretary of State of the United
States would visit their area. After the visit h&taken place, the inhabitants
enjoyed some freedom of movement in and out of their area. In another attempt to
stop land expropriation, the witness indicated that a case,on behalf of the
FJunicipality of Hebron and in the name of 39 Arab landowners, was submitted to the
Nigh Court of Justice, which by its decision had nullified the expropriation of
only 530 dunums, out of a total of 3,000 dunums which was the amount of land that
had been expropriated from its Arab owners in IIebron.
86. After the Court decision, Arab inhabitants, with the help of 4,000 Jewish
Israeli citizens - members of a group called Israeli Peace Movement - tried to
plant or replant the area but were prevented by the military authorities.
87. In response to questions, the witness stated that the amount of land
expropriated by Israel from Arabs in Hebron was 3,000 dunums. The settlement of
Kiryat Rrba was established on 500 dunums. Also 38 buildings were,built on ,5,30
dunums. Four hundred and fifty persons lived there. The Israelis uprooted the
trees, which constituted the inhabitants' means of livelihood and until the present
have prevented Arab inhabitants, in spite of Court decisions, from any building On
this land.
88. Inresponse to anotherquestion about the incident that took place in the:.
village of Halho,.u l,,in wllidh two children !:rere killed by one of the settlers,.the
witness ,stated that at thattime the Military Governor ,of Pebron imposed a~&uYew
on the village of;,H.slhoul for 15 days, forbidding anyone Srom bri,nging anything to
the village. In order to obtain food and milk for the people,,. a matter which'tias
refused by the alilitary Governor, the witness said, they'complained to the Red
Cross and also sent a cable to the United Nations ,Sewetary-Gene,ral, Replying to
another question aimed &finding out'if any actions had beentaken by the Israeli
authorities against him as a result of his complaint to the United States Consulate,
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the Witness said that in fact all embassies i,n Israel had been approached for help
through telegrams and also through the Mayor of Hebron. As a consequence, he had
been summoned by military officers every week since then for interrogation.
Witness No. 18 - Sheik Abdul-Hamed~ Bl-Sayeh
89. The witness at the time of his deportation from Jerusalem on 23 September 1967
was the Head of the Islamic Court of Appeal for the Jordanian Kingdom, with both
the East and the West Banks under its jurisdiction. He was also the Head of the
High Islamic Organisation in Jerusalem which supervised the Al Aqsa Mosque, all
the Waqf property and the Islamic Courts in the West Bank. After his deportation,
Sheik Bl-Sayeh had been made responsible for the Waqf Ministry in Amman and had
been appointed Chief Judge of the Aigh Islamic Court and Elinister for Islamic
Affairs in Amman. At the time of his testimony, he was teaching at the Jordanian
University and was the President of the Committee for the Salvation of Jerusalem.
90. The witness referred to defiance by Israel of international law, of the Geneva
Conventions and of the resolutions of the United Nations, in particular General
Assembly resolutions 2253 (ES-V) and 2254 (ES-V) of 4 and 14 July 1968
respectively, and Security Council resolution 252 (1968) of 21 Msy 1968. Despite
these resolutions, he noted, Israel continued its excavation, expropriation and
demolition activities. He referred in particular to the excavation activities
around and under the Al Aqsa Mosque, which had special significance to the entire
Moslem world, and near the Western Wall, also known as,the Wailing Wall. He stated
that the alleged purpose for excavating around the Al Aqsa Mosque was to search for
the Temple of Solomon which, Israel claimed, was somewhere around that vicinity
even though neither the historians nor the Jevish holy books indicated a specific
location for that Temple. The witness gave an account of the Israeli attempts to
put an end to the Al Aqsa Mosque as a special cultural centre for the world.Moslem
community. He also mentioned the damages to the central door of the Al Aqsa Mosque,
as rrell as the damages to the dome of the Holy Rock and the minaret of Bab-Al-Asbat
during the var. EIe said further that Israel had demolished a whole quarter near
the Holy Wall in spite of the fact that the quarter belonged to the lloroccan ldaqf,
vhich,received charity from kloslems and was inhabited by a great number of people.
He related how the Rabbi of the Israel Defence Army had, come with 20 people to the
Al Aqsa Mosque in 1967 and'chanted religious Jewish songs provoking the Moslem
population. Iti view of the declared intention of the ,Rabbi to return the following
week to pray in another area of tlie'Mosque and to builda synagogue on the premises,
the witness had written to the Military Commander and informed him of his intention
to order all the doors of the Al Aqsa Mosque closed in front of,all Moslems,
Christians and Jews and that th,e Llilitary Commander i.rouJ.d bear the responsibility
for that action. A'liaison officer between the Government of Israel and the,
Islami‘c religious authorities had'come to inform him,, on behalf'of Messrs. Eshkol
and'bayan, that Jews would be prevented from praying on the premises of the
Al Aqsa Mosque.' Thatpromise had bee,n kept until the deportation Of the witness,
but thereafter Jews came to pray and chant, on.the premises of the Mosque despite
the 'impact of such action on the Moslem population. Israelis had by force taken
the key for the door known as Ban l?l-Magharba and and were allowing people to enter
the premises of the Al Aqsa Mosque at any time. In fact, he observed, the man who
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had set the :$osque on fire had used that door for entry. That fire had destroyed
the chair of Sal& Ed-Din, inside the Mosque, 'which had a particular importance for
the Moslems and damaged the Eternal Dome of the Mosque. Uu until today, the
Israeli occipation forces were trying to eliminate this ce&e of Islamic
civilization, as rritness the continuing excavations around and under the liosque
uhich could expose it to demolition. Israel had demolished some parts inside the
Mosque and near the Haret El-Elagharba quarter.
91. The witness also provided the Commission with background information on the
Uestern Nail. In that connexion, he observed that in 1929 the conflict between the
Moslems and the Jew around that Wall had led to fighting, and the Government of
the British Mandate had sent a committee to look into the matter. On the
recommendation of that committee, the matter had been referred to an international
committee. The latter's unanimous decision that this place was an ISlamiC
charitable FJaqf and that Jew could only perform their religious rites in that place
in accordance with its customs had been agreed upon by the British Government and
further recognized by the League of Eations. Since the matter had been settled by
an international organization, it should not be raised again.
92. The witness stated that Israel was perpetuating other violations in Jerusalem,
carrying out considerable expropriation of Waqf property and also of the holy shrine
of Ibrahim in Hebron. That shrine, he noted, was an Islamic mosque built by the
Ommayads. The mosque had been seized by Israelis, l,rho not only prevented the
Moslems from praying there but also committed sacrileges inside.
93. The witness further noted that Israeli military authorities were committing
violations against the Christian churches, such as the removal of the jewelled crown
from the statue of the Virgin Mary in one of the churches. In this connexion, he
pointed out that the keys to the main church in Jerusalem, the Church Of the Rely
Sepulchre, had been entrusted to the Moslems.
Witness $0. 19 (Anonymou:;)
94. The witness talked about an agricultural village, Anata, located 2 kilometres
north-east of Jerusalem. The village had an area of 13,000 dunurns xrith a population
of 3,500 who depended on agriculture for their livelihood. The area of the village
appeared in the district file of Tabu during both the Ottoman and the British
Nandate rules. It had also been surveyed during Jordanian rule. The witness
submitted to the Commission a list of landowners in the village, each of whom had
his own separate file for property ownership.
95. In 1971 and 1972, the Israeli military authorities had underthen, 1rithOUt
giving a reason to the villagers, a new survey of the lands on the eastern side of
the village, which had continued until 1975. In January 1975, the Military Governor
of Ramallah had called in the witness to inform him that the village had been
divided into three zones: the western part was linked to the municipality Of
Jerusalem; the northern part to the municipality of Ramallah; and the southern part
to the municipality of Bethlehem. One of these zones with an area of 4,650 dunwns,
which included 40 inhabited houses, was marked as a military zone access to which
I . . .
S/13k5O/Ad.d.l
Enplish
Annex II
Page 25
was completely forbidden. Copies of the plan had been distributed to the
registration administration of Tabu and to the municipal administrations of villages
and towns in order to forbid any selling of these lands or other transactions on
them and to stop issuance of building and construction authorisations.
96. On 5 May 1977 the Military Governor had informed the villagers that they would
not be allowed to harvest their crops in the closed-off areas. Access to these
areas would be granted by a special ,authorization from the military authorities
only and violators would be taken to military court. On 19 September 1978, the
Military Governor had met with the village notables and had proposed to lease the
land from the villagers at the rate of 5 Jordanian dinars for each dunun in the
first category, 3 Jordanian dinars for each dunum in the second category and
2 Jordanian dinars for each dunum in the third category. That offer having been
refused, the Military Governor had 'proposed to p?%y compensation to the villagers
according to the report of the Committee of Agricultural axperts. That proposal
had also been rejected. Three thousand and five hundred people were still living in
the village of Anata. On c October 1978, the Israeli military authorities had
summoned the workers under military guard and had closed off the zone with barbed
wire and iron gates. On 14 October 1978, the witness had requested the Jordanian
Government to intervene and raise the question of expropriation of their lands at
the international level. The Jordanian Government had raised the question in the
Security Council. On 25 October, the witness had sent cables to the Secretary-
General, the President of the United States the President of Egypt and the United
States Ambassador to Israel, requesting their intervention against the expropriation
of the village lands. On 14 November 1978, the villagers had submitted their case
'co the Israeli High Court of Justice, which on 10 December 1978 had given a
temporary judgement forbidding the army to work on the land until the Court had
made a final judgement. On 15 December 1978, General Shlama Tagner had submitted
a statement to the IIigh Court indicating that 1,740 dunums, not 4,650 dunurns, were
needed as a military zone and had requested that the temporary judgement be
nullified. The High Court had not allowed enough time for the villagers to respond
to the new situation and had met on 17 December 1978. On 15 January 1979, the
Court had issued its judgement 1 agreeing to the expropriation of 1,740 dunurns of
fertile agricultural land. The villagers had not been informed of the decision
until 18 March 1979, that is after the period of 30 days legally allowed to appeal
such a judgement. The witness submitted to the Commission, among other relevant
documentation. a list of the landovmers in the 1,740 dunurns of land. !Joting that
he himself was the owner of 1,200 dunums out of the 1,740 dunums of land, the
witness stated that he had been left with only 300 dunurns without any possibility
of access. On 11 April 1979, he had submitted a request to the Israeli authorities
for permission to reach his land, but there had been no answer. He stated further
that on 5 April 1979, the Israeli army had started surveying the remaining lands
in order to establish an industrial zone thereon. The arv, he continued, was then
building roads and organising the new zone.
$J-xess No. 20 (Anonymous)
97. The witness said that, unlike other occupations in the past, Israeli
occupation had as its ultimate aim to take possession of the land and drive its
I . . .