INTERNATIONAL COURT OF JUSTICE
LEGAL CONSEQUENCES ARISING FROM THE POLICIES
AND PRACTICES OF ISRAEL IN THE OCCUPIED
PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM
EXHIBITS TO THE WRITTEN STATEMENT OF THE
HASHEMITE KINGDOM OF JORDAN
VOLUME III
EXHIBITS 211-336 / PAGES 1736-2581
25 JULY 2023
1 World Heritage Centre, Reinforced Monitoring Report on the Old City of Jerusalem and its Walls, March 2012
WORLD HERITAGE CENTRE
11TH REINFORCED MONITORING REPORT
March 2012
WORLD HERITAGE SITE OF THE OLD CITY OF JERUSALEM AND ITS WALLS
(INCLUDING THE ASCENT TO THE MUGHRABI GATE)
I. Introduction
1. The Reinforced Monitoring Mechanism, requested by the Executive Board at its 176th
session in April 2007 (176 EX/Special Plenary Meeting decision) and by the World Heritage
Committee at its 31st session in Christchurch, New Zealand (Decision 31 COM 5.2) in 2007,
has been applied to the issue of the Mughrabi Ascent in the Old City of Jerusalem (Decision
31 COM 7A.18). Nine Reinforced Monitoring reports concerning the Mughrabi Ascent were
prepared by the World Heritage Centre (October 2007, February, March, May and October
2008, February 2009, February-June and October 2010, February 2011) and forwarded to
the members of the World Heritage Committee and the concerned parties.
2. At its 35th session (Paris, UNESCO, June 2011), by its decision 35COM 7A.22, the
World Heritage Committee decided to extend the application of the Reinforced Monitoring
Mechanism to the entire World Heritage property, i.e. the Old City of Jerusalem and its Walls.
Therefore, a tenth Reinforced Monitoring Report was prepared in December 2011, related to
both the state of conservation of the Old City and to the specific issue of the Ascent leading
to the Mughrabi Gate. The Report was forwarded to the members of the World Heritage
Committee and the concerned parties.
3. By letters dated 30 June 2011 and 12 September 2011, the Israeli Permanent Delegate
to UNESCO indicated to the World Heritage Centre that the decision of the World Heritage
Committee at its 35th session “would not affect the cooperation [of the Israeli authorities] with
the World Heritage Centre, according to the previous consensus resolutions”. However, no
answer has been received to the letters of 1 February, 13 April and 27 July 2011 and of 9
February 2012 addressed by the World Heritage Centre to the Israeli Permanent Delegation
to UNESCO regarding the organisation of the reactive monitoring mission to Jerusalem
requested by the World Heritage Committee at its 34th session.
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2 World Heritage Centre, Reinforced Monitoring Report on the Old City of Jerusalem and its Walls, March 2012
II. Information received from the Jordanian authorities since the previous report
4. On 6 February 2012, the Permanent Delegation of Jordan addressed a letter to the
World Heritage Centre, “expressing the deep disappointment of the Government of Jordan in
regard to the content and language used” in the Reinforced Monitoring Report and requesting
the World Heritage Centre to reflect the following information in the Report:
“The adverse impact of intrusive excavations and tunnels digging carried out […] and
the absolute necessity that the report reflects that the World Heritage Committee
recognized by consensus the concerns raised about the Israeli excavations and works
in the Old City of Jerusalem and on both sides of its Walls”.
“To request Israel to abide by UNESCO’s and World Heritage Committee’s decisions
relating to the concerns raised about the Israeli excavations, especially decisions
adopted by consensus, and to hold Israel accountable as per the Israeli declaration
mentioned in the letter of the Permanent Delegation of Israel dated 6 October 2011”.
“To express deep concern regarding the current situation in the Magharbeh Gate
Pathway, taking into consideration the successive unilateral actions taken by Israel
[…] of supporting the Temporary wooden bridge without any coordination with the
Hashemite Kingdom of Jordan, UNESCO or the World Heritage Centre”.
“To indicate the significance of the Jordanian design for the restoration and
preservation of the Mughrabi Ascent” and to “indicate the recognized concerns over
the Israeli scheme for the Mughrabi Ascent”.
5. In this same letter, the Government of Jordan “wishes to remind the World Heritage
Centre of its duty to proactively exercise its mandate to protect the Old City of Jerusalem”
and that “the World Heritage Centre should clearly state in its report to the World Heritage
Committee the obstacles related to the provision of such information by Israel and the
reasons for not providing it, including non-cooperation”.
6. On 17 February 2012, the Permanent Delegation of Jordan addressed a letter to the
World Heritage Centre, concerning a building project by the Western Wall Foundation on the
Western Wall Plaza (Al Buraq Square). In 2011, the World Heritage Centre inquired about
this project and was informed that no decision had been taken in this respect. Document 35
COM 7A.22 presented at the 35th session of the World Heritage Committee states: “Further
to a letter from the World Heritage Centre requesting clarifications on this plan, the
Permanent Delegation of Israel informed UNESCO that ‘representation has been made to the
courts concerning the validity of these proposals […] and therefore the status of the
proposals is still under debate’.” A letter was addressed on 6 March 2012 to the Israeli
authorities to inquire about the current status of this project. The reply, dated 12 March 2012,
confirms that “plans for the projects in the Western Wall Plaza have indeed been approved”
and that “we are told that the plans are all compatible with the integrity and authenticity of the
Old City of Jerusalem and its Walls”. The letter adds that “the matter will be addressed in the
next report which will be submitted to the World Heritage Centre within a few weeks”.
7. By letter dated 1 March 2012, the Permanent Delegation of Jordan provided additional
information concerning on-going projects “on both sides of the Walls”, as follows: (i) A visitors
centre in the ‘city of David’; (ii) excavations in the Muslim cemetery of Silwan; (iii) a project on
the same location to build a 5400 sq. m multi-storied building; (iv) excavations in the
Umeyyad zone South of Al Aqsa Mosque; (v) works on tunnels from the courtyard of the
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3 World Heritage Centre, Reinforced Monitoring Report on the Old City of Jerusalem and its Walls, March 2012
Buraq Palace to the courtyard of the Umeyyad Palace, South of Al Aqsa Mosque. The World
Heritage Centre will also address correspondence to the Israeli authorities in order to seek
information on these projects.
8. Within the framework of the preparation of the 36th session of the World Heritage
Committee to take place in June 2012 in Saint-Petersburg (Russian Federation), the World
Heritage Centre received on 1 February 2012 the annual report from the Jordanian
authorities concerning the “State of conservation of the Old City of Jerusalem”. The Israeli
Permanent Delegation indicated on 17 January that, due to technical reasons, the Israeli
report would not be available before mid-March 2012. These reports will be reflected within
the document 36 COM 7A related to the State of conservation of properties inscribed on the
List of World Heritage in Danger.
9. On 26 March 2012, the World Heritage Centre addressed letters to the Israeli and
Jordanian authorities convening a technical meeting in the coming weeks with the Advisory
Bodies in order to reactivate the discussion regarding the design for the Mughrabi Ascent.
III. 189th session of the Executive Board of UNESCO
10. At the 189th session of the Executive Board in February-March 2012, Decision
189EX/5 relating to the Mughrabi Ascent was adopted by consensus, reiterating the text of
the decision 187EX/5, in particular affirming that “no measure, unilateral or otherwise, should
be taken which will affect the authenticity and integrity of the site” and asking “that the Israeli
authorities continue full cooperation with all concerned parties, in particular the Jordanian and
Waqf experts”. The decision also notes “reports of preliminary discussions between Jordan
and Israel concerning the Mughrabi Ascent” and requested “the Director-General to organise
a follow-up meeting of experts as soon as possible, once the parties concerned have reached
an agreement”.
11. As regards the Old City of Jerusalem, Decision 189 EX/8 was adopted after a roll-call
vote. This decision reiterates the regret by the Executive Board of the lack of progress in the
implementation of Decision 185 EX/14.
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Executive Board 189 EX/Decisions
*
PARIS, 9 April 2012
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 189th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 27 February-9 March 2012)*
Hundred and eighty-ninth session
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS........................................................................... 1
1 Agenda, timetable of work, report of the Bureau and the election of the Chair of
the Committee on Non-Governmental Partners (NGP) ............................................................ 1
2 Approval of the summary records of the 187th and 188th session ........................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board.................................................................... 1
REPORTING ITEMS......................................................................................................................... 1
4 Report by the Director-General on the implementation of the Programme and Budget
and on results achieved in the previous biennium (2010-2011 – 35 C/5) (37 C/3 Draft) ........... 1
5 Report by the Director-General on the follow-up to decisions and resolutions adopted
by the Executive Board and the General Conference at their previous sessions...................... 3
6 Reports by the Director-General on specific matters................................................................ 6
7 Reports by the governing bodies of UNESCO intergovernmental programmes
and category 1 institutes .......................................................................................................... 7
PROGRAMME MATTERS................................................................................................................ 7
8 Jerusalem and the implementation of 36 C/Resolution 43 and 187 EX/Decision 11................. 7
9 Implementation of 187 EX/Decision 12 on “the two Palestinian sites of al-Haram al-
Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāh Mosque/
Rachel’s Tomb in Bethlehem” .................................................................................................. 8
Institutes and centres........................................................................................................................ 8
10 Category 2 institutes and centres............................................................................................. 8
METHODS OF WORK...................................................................................................................... 9
11 Follow-up to the independent external evaluation of UNESCO and monitoring
by the Executive Board: report by the Director-General on progress in the
implementation of recommendations ....................................................................................... 9
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS........................................... 10
12 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3, and report
of the Committee thereon......................................................................................................... 10
13 Implementation of standard-setting instruments....................................................................... 10
ADMINISTRATIVE AND FINANCIAL QUESTIONS .......................................................................... 12
Financial issues......................................................................................................................................12
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14 Report by the Director-General on the budgetary situation of the Organization
for 2010-2011 (35 C/5) at the closure of accounts as at 31 December 2011 (unaudited),
budget adjustments rising from donations and special contributions received and
management chart for programme execution in 2010-2011 based on the closed
accounts (unaudited) ............................................................................................................... 12
15 Financial situation of the Organization and its implications for the implementation
of the 36 C/5 ............................................................................................................................ 14
Management issues..........................................................................................................................19
16 Internal Oversight Service (IOS): annual report 2011............................................................... 19
17 Follow-up to recommendations by the External Auditor: recruitment and
end-of-service procedures, and the status of agreed separation packages.............................. 20
GENERAL.........................................................................................................................................21
18 Relations with Member States, intergovernmental organizations
and non-governmental partners ............................................................................................... 21
19 Implementation of 36 C/Resolution 81 and 187 EX/Decision 41 concerning educational
and cultural institutions in the occupied Arab territories............................................................ 23
20 Report by the Director-General on the reconstruction and development of Gaza:
implementation of 187 EX/Decision 42 .................................................................................... 24
21 UNESCO-Obiang Nguema Mbasogo International Prize for Research in the Life Sciences..... 25
22 Dates of the 190th session and provisional list of matters to be examined by the
Executive Board at its 190th session ....................................................................................... 26
ADDITIONAL ITEMS ........................................................................................................................26
23 Proposal for the establishment in Sri Lanka of a South Asian centre for teacher
development as a category 2 centre under the auspices of UNESCO...................................... 26
24 Response of UNESCO to the situation in the Syrian Arab Republic ........................................ 27
PRIVATE MEETINGS.......................................................................................................................28
Announcement concerning the private meeting held on Thursday 8 March 2012. ............................. 28
3 Report by the Director-General on the application of Rule 59 of
the Rules of Procedure of the Executive Board........................................................................ 28
12 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3, and report
of the Committee thereon......................................................................................................... 28
ANNEX .............................................................................................................................................29
Details of the votes in the joint meeting of the Finance and Administrative Commission (FA)
and the Programme and External Relations Commission (PX) on the draft decisions on
items 21 and 24 ............................................................................................................................... 29
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189 EX/Decisions – page 7
7 Reports by the governing bodies of UNESCO intergovernmental programmes and
category 1 institutes (189 EX/7; 189 EX/INF.4; 189 EX/28)
I
Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute
The Executive Board,
1. Recalling Article V.1 (e) of the Statutes of the UNESCO Institute for Statistics (UIS)
(30 C/Resolution 44) and 182 EX/Decision 19,
2. Having examined the report by the Governing Board of the UNESCO Institute for
Statistics on the activities of the Institute since April 2011 (189 EX/7),
3. Takes note of the achievements of the Institute over the past months, and of the fact
that their financial and administrative implications clearly fall within the parameters of
document 35 C/5;
4. Invites the Director-General to continue to be guided by the recommendations made by
the Governing Board of the UNESCO Institute for Statistics;
5. Invites the Governing Board of the UNESCO Institute for Statistics to report to it at its
191st session.
II
Report by the Governing Board of the UNESCO International Institute for Capacity-
Building in Africa (IICBA) on programmes implemented in 2010-2011 and 2012-2013
The Executive Board,
1. Having examined document 189 EX/INF.4,
2. Takes note of its contents.
(189 EX/SR.6)
PROGRAMME MATTERS
8 Jerusalem and the implementation of 36 C/Resolution 43 and 187 EX/Decision 11
(189 EX/8, 189 EX/28)
After considering this item, the Programme and External Relations Commission (PX)
recommended by a vote taken by roll-call that the Executive Board adopt the following
decision, with 34 votes in favour, 1 vote against (United States of America) and
15 abstentions; details of the vote are annexed to the summary record of the sixth plenary
meeting of the Executive Board (189 EX/SR.6), at which the oral report of the PX
Commission was presented.
The Executive Board,
1. Having examined document 189 EX/8,
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189 EX/Decisions – page 8
2. Welcomes the admission of Palestine as Member State of UNESCO;
3. Recalls its previous decision 185 EX/Decision 14 concerning Jerusalem and World
Heritage Committee decision 34 COM 7A.20 concerning the Old City of Jerusalem and
its Walls;
4. Regrets the lack of progress in the implementation of 185 EX/Decision 14 and World
Heritage Committee decision 34 COM 7A.20;
5. Asks the Director-General to maintain her efforts to implement 185 EX/Decision 14 and
World Heritage Committee decision 34 COM 7A.20;
6. Invites the Director-General to submit to it a follow-up report at its 190th session, and
decides to include this item in the agenda of its 190th session.
(189 EX/SR.6)
9 Implementation of 187 EX/Decision 12 on “the two Palestinian sites of al-Ḥaram
al-Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāḥ
Mosque/Rachel’s Tomb in Bethlehem” (189 EX/9; 189 EX/28)
After considering this item, the Programme and External Relations Commission (PX)
recommended by a vote taken by roll-call that the Executive Board adopt the following
decision, with 39 votes in favour, 1 vote against (United States of America) and 12
abstentions; details of the vote are annexed to the summary record of the sixth plenary
meeting of the Executive Board (189 EX/SR.6), at which the oral report of the PX
Commission was presented:
The Executive Board,
1. Having examined document 189 EX/9,
2. Welcomes the admission of Palestine as Member State of UNESCO;
3. Reaffirms its previous decision 185 EX/Decision 15 concerning “the two Palestinian
sites of al-Ḥaram al-Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl
ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem”;
4. Decides to include this item in the agenda of its 190th session.
(189 EX/SR.6)
Institutes and centres
10 Category 2 institutes and centres (189 EX/INF.5)
The Executive Board,
1. Having examined document 189 EX/INF.5,
2. Takes note of its contents.
(189 EX/SR.7)
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UNESCO World Heritage Centre - Decision - 36 COM 7A.23.II
https://whc.unesco.org/en/decisions/4636/ 1/2
World Heritage Convention
Resolutions / Decisions
36 COM 7A.23.II
Decision
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Decision 36 COM 7A.23.II
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev) " The Mughrab Ai scent
1.Having examin eDdocumen tWHC=12/36.COM/7A.Add,
2.
Recallin pgrevious UNESCO decisions ,including 176 EX/Specia Pl lenary
Meeting/Decisio nD,ecision 34 COM 7A.20 of the World Heritage Committee
adopted at its 34th session 8Brasilia, 2-1-9, and 187 EX/Decision 5 relating
to the Ascent to the Mughrab Gi ate in the Old City of Jerusalem,
3.
Also recalling the relevant provisions on the protection of cultural
heritage ,including in the four Geneva Convention s816469, the relevant
provision sof the Hague Conventio nfor the Protection of Cultura lProperty in
the Event of Armed Conflict of 1654, the Convention for the Protection of
the World Cultura land Natura lHeritage of 1672, the inscription of the Old
City of Jerusalem and its Walls at the re#uest of Jordan on the World
Heritage List 816819 and on the List of World Heritage in Danger 816829, and
recommendation sre, solution sand decisions of UNESCO,
4.
Reaffirmin tghe purpose and spirit of the professiona el ncounte rat the
technica leve lon 13 January 2--8 ,as well as the follow<up meeting on 24
February 2--8,
5.
Noting the Sixth ,Seventh ,Eighth ,and Ninth and its Addendum T, enth and
Eleventh Reinforced Monitoring Reports prepared by the World Heritage
Centre,
6.
Recogni,es the concerns raised in this regard about the decision by the
Jerusalem District Planning and Construction Commission on the town
planning scheme for the Mughrab Ai scent ,and the subse#uen tdecision by
Israel’s Nationa lCounci lfor Planning and Constructio nto adopt “an
alternative plan for the Mughrab Ai scent@ ,approved on 31 Octobe r2-1- by
the above<mentione CdommissionD
7.
Re#ues ttshat, despite the decisions mentioned in paragraph 6, the
process for the design of the Mughrab Ai scent be inclusive of all parties
concerned i,n accordanc ewith obligation sand duties of such parties as
stipulated in the content of previous World Heritage Committee decisionsD
8.Reaffirms in this regard ,that no measures u, nilatera lor otherwise s, hould
be ta en which will affect the authenticity and integrity of the site, in
accordanc ewith the Conventio nfor the Protection of the World Cultura land
Natura lHeritage of 1672 and the relevan tprovision son the protection of
cultura lheritage of the Hague Conventio nfor the Protection of Cultural
Property in the Event of Armed Conflict of 1654D
Decision Code
36 COM 7A.23.II
Themes
Communication C/ onservation/
Reinforced Monitoring
Properties
1
Old Cit! of Jerusalem and its Walls
Session
36th session of the World Heritage
Committee )36.COM*
Year
2012
State of conservation reports
2012 Old Cit! of Jerusalem and its Walls
Prev.
Next
World Heritage Convention
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UNESCO World Heritage Centre - Decision - 36 COM 7A.23.II
https://whc.unesco.org/en/decisions/4636/ 2/2
© UNESCO World Heritage Centre 192902.3
9.Notes the request made by the World Heritage Committee in previous
decisions ,anrde quests, in this regard ,the Israel iauthoritie sto
continuecooperatio wnith all concerned parties ,in particula rwith Jordanian
and Waqf experts;
10. Acknowledge sreceipt of the Jordanian design for the restoration and
preservatio nof the Mughrab Ai scent ,submitted to the World Heritage
Centre on 27 May 2011, atnhda nk sJordan for its cooperatio nin accordance
with the relevant provisions of UNESCO conventions for the protection of
cultura lheritage;
11.Affirms in this regard ,that the UNESCO-initiate pdrocess for follow-up to
the design of the Mughrab Ai scent ,which aims at proactivel yfacilitating an
accepted and monitored solution concerning the Mughrab Ai scent among all
parties concerned b, e coordinate dwith all such parties ,in accordanc ewith
the spirit and content of previous World Heritage Committee decisions;
12.
Acknowledge sin this regard ,the concerns raised regarding Israel>s
submission and conten tof its plan for the Mughrab Ai scent ,referred to in
paragraph 6, and
requests the World Heritage Centre to be proactive and
follow closely ,in the contex tof the Reinforced monitoring mechanism t,he
developments associated with this process;
13.
Notes with satisfact tiohne access provided by Israelt o the Mughrabi
Ascent for Jordanian and Waqf experts on 23 May, 8 August and 28
Novembe r2010 ,and
reiterates its request that Israel continues cooperation
commence dwith all parties concerned i,n particula rwith Jordanian and
Waqf experts to enable agreemen ton, and implementatio nof, a final design
for the restoration and preservatio nof the Mughrab Ai scent among all
parties concerned;
11.
Also notes in this regard, reports of preliminary discussions between
Jordan and Israelc oncerning the Mughrab Ai scent ,which stipulate ,
inter
alia, that no measures u, nilatera lor otherwise s, hall be taken on the site in
accordance with paragraph 8 above, and the necessity of an accepted
design and implementation thereof among all parties concerned;and
reiterates in this regard, the need for the parties concerned to coordinate
and cooperate on all related aspects of this issue;
12.
Encourage sthe Director-Gener atol facilitate coordinate daction and
professiona el xchange sbetween all the parties concerned;
16.
Decide tso continue applying the Reinforced monitoring mechanism for
the state of conservatio nof the Mughrab Ai scenat l,asno dre quests a report
from the World Heritage Centre every four months ,until the 37th session of
the World Heritage Committee in 2013.
Documents
WHC.12,360CO,19
Decisions adopted by the World Heritage Coittee at its 36th session )Saint-Petersburg,
2012*
Context of Decson
WHC.12,360CO,'0dd
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Executive Board 190 EX/Decisions
*
PARIS, 18 November 2012
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 190th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 3-18 October 2012)*
Hundred and ninetieth session
HP EXHIBIT 214
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS........................................................................... 1
1 Agenda and timetable of work, elections of the Chairs of the Committee on Conventions
and Recommendations (CR) and the Committee on International Non-Governmental
Partners (NGP), and report of the Bureau ............................................................................... 1
2 Approval of the summary records of the 189th session............................................................ 1
3 Report by the Director-General on the application of Rule 59 of
the Rules of Procedure of the Executive Board........................................................................ 1
REPORTING ITEMS......................................................................................................................... 2
4 Report by the Director-General on the execution of
the programme adopted by the General Conference ............................................................... 2
5 Report by the Director-General on the follow-up to decisions and resolutions adopted
by the Executive Board and the General Conference at their previous sessions...................... 5
Reports from the governing bodies of UNESCO intergovernmental programmes
and category 1 institutes .................................................................................................................. 13
6 United Nations University (UNU): report by the UNU Council
and the Director-General’s comments thereon......................................................................... 13
PROGRAMME MATTERS................................................................................................................13
7 Education for all (EFA) ............................................................................................................ 13
8 Technical and vocational education and training (TVET) ........................................................ 15
9 United Nations Decade of Education for Sustainable Development (2005-2014):
looking beyond 2014................................................................................................................ 16
10 Report on issues relevant to the desirability of preparing
a declaration of ethical principles in relation to climate change ............................................... 17
11 Protection and promotion of museums and collections ............................................................ 17
12 Preliminary study on the technical and legal aspects relating to the desirability
of a standard-setting instrument concerning heritage preservation
and sustainable development of tourism ................................................................................. 19
13 Jerusalem and the implementation of 36 C/Resolution 43 and 189 EX/Decision 8 .................. 19
14 Implementation of 189 EX/Decision 9 on “the two Palestinian sites of al-Ḥaram al
Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and
the Bilāl ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem” ..................................................... 21
[15 International Manuscripts Day] ................................................................................................ 22
16 Report by the Director-General on the experts meeting
on strengthening the Memory of the World Programme .......................................................... 22
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17 Implementation/review of the overall strategy and overall situation
with respect to UNESCO prizes .............................................................................................. 23
INSTITUTES AND CENTRES........................................................................................................... 24
18 Category 2 institutes and centres ............................................................................................ 24
Proposal for the establishment in Saudi Arabia of a regional centre
for quality and excellence in K-12 education ........................................................................... 25
Proposal for the establishment in Belgrade, Serbia, of a centre for water
for sustainable development and adaptation to climate change ............................................... 25
[Proposal for the establishment in Skopje, the former Yugoslav Republic of Macedonia,
of an institute of earthquake engineering and engineering seismology (IZIIS) at
Sts Cyril and Methodius University] ......................................................................................... 26
Proposal for the establishment in Montevideo, Uruguay of a regional centre
for groundwater management for Latin America and the Caribbean ....................................... 26
[Proposal for the establishment in Langfang, China, of an international centre
on global-scale geochemistry] ................................................................................................. 27
[Evaluation of the International Centre for Water Hazard and Risk Management
(ICHARM), and renewal of category 2 centre status] ............................................................... 27
[International Centre of Martial Arts for Youth Development and Engagement
in Chungju, Republic of Korea] ............................................................................................... 27
[Contribution of the institutes and centres under the auspices of UNESCO (category 2)
in Africa to the implementation of the youth programme activities in the region] ...................... 27
Report by the Director-General on a proposal by the Governing Board of
the UNESCO-IHE Institute for Water Education to create a “global campus”
and to obtain the right to grant doctoral degrees ..................................................................... 27
DRAFT MEDIUM-TERM STRATEGY FOR 2014-2021 (37 C/4)
AND DRAFT PROGRAMME AND BUDGET FOR 2014-2017 (37 C/5) ............................................ 28
19 Preliminary proposals by the Director-General concerning the Draft Medium-Term Strategy
for 2014-2021 (37 C/4) and the Draft Programme and Budget for 2014-2017 (37 C/5) ............ 28
METHODS OF WORK OF THE ORGANIZATION............................................................................ 32
20 Consideration of the procedure to be followed for the nomination
of the Director-General of the Organization.............................................................................. 32
21 Follow-up to the independent external evaluation of UNESCO ................................................ 33
22 Report of the Joint Inspection Unit (JIU) on the management
and administration of UNESCO ............................................................................................... 34
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS .......................................... 35
23 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of the
Committee thereon ................................................................................................................. 35
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24 Implementation of standard-setting instruments ...................................................................... 35
25 Reflection on the Joint Expert Group UNESCO (CR)/ECOSOC (CESCR)
on the Monitoring of the Right to Education ............................................................................ 38
ADMINISTRATIVE AND FINANCIAL QUESTIONS .......................................................................... 38
26 Financial report and audited consolidated financial statements of UNESCO
for the year ended 31 December 2011 and report by the External Auditor ............................... 38
27 Financial Regulations of Special Accounts............................................................................... 39
28 Implementation of the action plan for improved management of extrabudgetary funds ........... 39
29 Report by the Director-General on the status of Member States’ contributions
and payment plans .................................................................................................................. 40
30 Report by the Director-General as at 31 May 2012 on the implementation of the
recommendations of the External Auditor and his comments thereon ..................................... 41
31 Report by the Director-General on the state of progress of phase 1
of the reform of the field network ............................................................................................. 41
32 Report by the Director-General on the state of the Medical Benefits Fund (MBF) ................... 42
33 Headquarters matters .............................................................................................................42
34 Financial situation of the Organization and implications
for the implementation of document 36 C/5 ............................................................................. 44
35 New audits by the External Auditor ......................................................................................... 45
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS ......................................................... 46
36 Relations with non-governmental partners ............................................................................... 46
37 Remit and terms of reference of the open-ended tripartite working group for
the review of the cooperation of UNESCO’s Secretariat with National Commissions ............... 47
38 Implementation of 36 C/Resolution 81 and 189 EX/Decision 19
concerning educational and cultural institutions in the occupied Arab territories ...................... 48
39 Report by the Director-General on the reconstruction and development of Gaza:
implementation of 189 EX/Decision 20 .................................................................................... 49
40 Relations with the Ibero-American Youth Organization (OIJ), and draft memorandum of
understanding between UNESCO and that organization.......................................................... 51
GENERAL MATTERS.......................................................................................................................51
41 Dates of the 191st session and provisional list of matters
to be examined by the Executive Board at its 191st session ................................................... 51
ADDITIONAL ITEMS ........................................................................................................................ 52
42 Amendments to the Statutes of the UNESCO Confucius Prize for Literacy ............................. 52
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43 Convening of an extraordinary meeting of States Parties to the 1970 UNESCO
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property ...................................................................... 52
44 What future and what challenges for UNESCO? ..................................................................... 52
45 Priority Africa ..........................................................................................................................52
46 Further enhancing the transparency of UNESCO programmes ............................................... 53
47 Proposal for the proclamation by the United Nations
of 2015 as an International Year of Light ................................................................................. 54
48 World Arabic Language Day ................................................................................................... 54
49 Relations with the International Centre for Research and Documentation
on African Traditions and Languages (CERDOTOLA) and draft agreement between
UNESCO and that organization .............................................................................................. 55
PRIVATE MEETINGS....................................................................................................................... 56
Announcement concerning the private meeting held on Wednesday, 17 October 2012. ................... 56
3 Report by the Director-General on the application of Rule 59 of
the Rules of Procedure of the Executive Board........................................................................ 56
23 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report
of the Committee thereon......................................................................................................... 56
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190 EX/Decisions – page 19
12 Preliminary study on the technical and legal aspects relating to the desirability of a
standard-setting instrument concerning heritage preservation and sustainable
development of tourism (190 EX/12; 190 EX/55)
The Executive Board,
1. Having examined document 190 EX/12, and recalling document 186 EX/20, presenting
a preliminary study on the technical and legal aspects of the advisability of regulating
internationally, through a new standard-setting instrument, the question of heritage
preservation and the sustainable development of tourism,
2. Noting Decision 34 COM 5F.2 adopted by the World Heritage Committee at its 34th
session (Brasilia, 2010), in which the World Heritage Committee invited the Director-
General of UNESCO “to consider the feasibility of a recommendation on the
relationship between heritage conservation and sustainable tourism”,
3. Recalling 187 EX/Decision 23, in which the Board decided to postpone its final decision
on the desirability of this proposal until its 190th session, in order that further
consultations among the Member States might take place,
4. Also noting Decision 36 COM 5E adopted by the World Heritage Committee at its 36th
session (Saint Petersburg, 2012) on the adoption of the new World Heritage and
Sustainable Tourism programme,
5. Notes with regret the lack of financial resources for the coordination and
implementation of the World Heritage and Sustainable Tourism programme;
6. Recommends that the Director-General utilize existing legal instruments and
programmes to strengthen the relationship between heritage preservation and
sustainable development of tourism.
(190 EX/SR.7)
13 Jerusalem and the implementation of 36 C/Resolution 43 and 189 EX/Decision 8
(190 EX/13; 190 EX/54 Part II Rev.)
The Executive Board decided, upon the recommendation2 of the Programme and External
Relations Commission, that the debate on this item be adjourned to its 191st session, and
that the draft decision contained in document 190 EX/PX/DR.6 be annexed to the present
decision.
(190 EX/SR.8)
2 After a roll-call vote of 28 votes in favour, 23 votes against and 4 abstentions,
the following States having voted for the adjournment of the debate: Austria, Belarus, Belgium, Brazil,
China, Czech Republic, Denmark, Grenada, Haiti, Italy, Japan, Kazakhstan, Kenya, Malawi, Mexico, Monaco,
Montenegro, Republic of Korea, Russian Federation, Saint Lucia, Slovakia, Spain, Syrian Arab Republic, The
former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, United States of
America, Uzbekistan and Venezuela (Bolivarian Republic of).
the following States having voted against: Afghanistan, Algeria, Bangladesh, Burkina Faso, Congo, Cuba,
Djibouti, Egypt, Ecuador, France, Gambia, Ghana, India, Indonesia, Mali, Namibia, Nigeria, Pakistan, Peru, Saudi
Arabia, Tunisia, United Arab Emirates and Zimbabwe.
Abstentions: Angola, Gabon, Thailand and Viet Nam.
Absent: Barbados, Ethiopia and Papua New Guinea.
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190 EX/Decisions – page 20
- - - - - - - - - -
ANNEX
190 EX/PX/DR.6
PARIS, 15 October 2012
Original: English
Executive Board
Hundred and ninetieth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 13 Jerusalem and the implementation of 36 C/Resolution 43 and 189 EX/Decision 8
DRAFT DECISION
Submitted by: Algeria, Egypt, Saudi Arabia, Tunisia and United Arab Emirates
The Executive Board,
1. Having examined document 190 EX/13,
2. Recalling resolutions and decisions of UNESCO on Jerusalem, as well as the provisions of the four Geneva
Conventions (1949) and their additional Protocols, the Hague Convention for the Protection of Cultural Property in
the Event of Armed Conflict (1954) and its additional Protocols and the Convention for the Protection of the World
Cultural and Natural Heritage (1972),
3. Affirming that nothing in the present decision, which is aimed at the safeguarding of the Cultural Heritage of East
Jerusalem, shall in any way affect the relevant United Nations resolutions and decisions, in particular the relevant
Security Council resolutions on the legal status of Jerusalem,
4. Deplores the ongoing Israeli practices and the Israeli settlers incursions in East Jerusalem, that dangerously and
irreversibly affect the city’s distinctive character, both religious and cultural, historical and demographical, and
urges the Israeli Authorities to take the necessary measures to prevent these abuses;
5. Affirms in this regards that the integrity and authenticity of East Jerusalem must be protected;
6. Notes with deep concern the absence of progress in the implementation of its previous 185 EX/Decision 14
concerning this item, and reiterates its request to the Director-General to appoint, as soon as possible, a
permanent and eminent expert(s) to be stationed in East Jerusalem to report on a regular basis about all the
aspects covering the architectural, educational, cultural and demographical situation in the City of East
Jerusalem;
7. Reaffirms the requirement to promptly and fully implement the above-referenced decision and resolution, and
urges the Israeli authorities to facilitate its implementation in conformity with its adherence to UNESCO decisions
and conventions;
8. Asks the Director-General to maintain her efforts to implement the above mentioned decision and resolution;
9. Decides to include this item on the agenda of the 191st session of the Executive Board and invites the Director-
General to submit to it a progress thereon.
- - - - - - - - - -
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1 World Heritage Centre, Reinforced Monitoring Report on the Old City of Jerusalem and its Walls, February 2013
WORLD HERITAGE CENTRE
12th REINFORCED MONITORING REPORT
February 2013
WORLD HERITAGE SITE OF THE OLD CITY OF JERUSALEM AND ITS WALLS
(INCLUDING THE ASCENT TO THE MUGHRABI GATE)
1. The Reinforced Monitoring Mechanism, requested by the Executive Board at its 176th
session in April 2007 (176 EX/Special Plenary Meeting decision) and by the World Heritage
Committee at its 31st session in Christchurch, New Zealand (Decision 31 COM 5.2) in
2007, has been applied to the issue of the Mughrabi Ascent in the Old City of Jerusalem
(Decision 31 COM 7A.18). Nine Reinforced Monitoring reports concerning the Mughrabi
Ascent were prepared by the World Heritage Centre (October 2007, February, March, May
and October 2008, February 2009, February-June and October 2010, February 2011) and
forwarded to the Members of the World Heritage Committee and the concerned parties.
2. At its 35th session (Paris, UNESCO, June 2011), by its decision 35 COM 7A.22, the
World Heritage Committee decided to extend the application of the Reinforced Monitoring
Mechanism to the entire World Heritage property, i.e. the Old City of Jerusalem and its
Walls. Therefore, two additional Reinforced Monitoring Reports, related to the state of
conservation of the Old City as well as to the specific issue of the Ascent leading to the
Mughrabi Gate, were prepared in December 2011 and March 2012.
3. At the 36th session of the World Heritage Committee (Saint Petersburg, Russian
Federation, 24 June – 6 July 2012), a report summarizing information received from both
the Israeli and the Jordanian authorities regarding the works undertaken in and around the
Old City of Jerusalem, including the issue of the Mughrabi Ascent, was presented. Upon
request from the Jordanian authorities, the decision was split into two, leading to decisions
36 COM 7A.23.I (Old City of Jerusalem) and 36 COM 7A.23.II (Mughrabi Ascent), which
were adopted without debate. Therein, the World Heritage Committee notably reiterated its
demand, expressed at its 34th and 35th sessions, that a joint UNESCO/ICCROM/ICOMOS
reactive monitoring mission be dispatched to Jerusalem. It should be recalled that, to this
end, the World Heritage Centre had addressed letters to the Permanent Delegation of Israel
to UNESCO on 1 February, 13 April and 27 July 2011 and on 9 February 2012, requesting
agreement for the mission and comments on the draft terms of reference. To date no
response has been received.
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2 World Heritage Centre, Reinforced Monitoring Report on the Old City of Jerusalem and its Walls, February 2013
4. At its 190th session (October 2012), following a roll-call vote in the Programme and
External Relations Commission of 28 votes in favour, 23 votes against and 4 abstentions,
the Executive Board adopted Decisions 190 EX/5 (II) and 190 EX/13, by which it adjourned
the debate on these items to the 191st session.
5 Concerning building projects and activities undertaken by the Israeli authorities on
the Western Wall Plaza, the World Heritage Centre had sent letters to the Permanent
Delegation of Israel to UNESCO on 1 December 2010, 13 April 2011 and 6 March 2012
asking for detailed information and plans. On 12 March 2012, the World Heritage Centre
received a response stating that the Israeli authorities considered that “the plans [for these
projects] are all compatible with the integrity and authenticity of the Old City of Jerusalem as
a World Heritage site”. This response did not include the detailed information requested by
the World Heritage Centre.
6. Following the examination of the annual Conservation Report submitted by the
Israeli authorities for the 36th session of the World Heritage Committee, which referred to a
series of projects within the Old City or in its close vicinity, the World Heritage Centre
addressed two letters on 5 April and 2 August 2012 requesting more specific information, as
foreseen in paragraph 172 of the Operational Guidelines for the Implementation of the
World Heritage Convention. The Permanent Delegation of Israel to UNESCO responded on
22 August 2012 stating that “the Israeli authorities have no further information or any reason
to add to the most recent Old City of Jerusalem and its Walls State of Conservation Report,
sent to the World Heritage Centre in March 2012”.
7. A note verbale from the Permanent Delegation of Jordan to UNESCO, dated 9
October 2012, informed UNESCO that the Israeli authorities had resumed work on the
Mughrabi Ascent since 22 May 2012, including “extensive concrete pouring using concrete
mixing trucks […], demolishing Islamic walls and a room without ascertaining of its historical
value without any coordination with Jordanian Waqf experts […], leveling of different areas
of the Ascent in a manner that adversely affects its structure, dismantling of historic building
stones and transferring the historical remains from the site to an unknown destination”, thus
disregarding previous decisions of the Executive Board and of the World Heritage
Committee requesting that “no measures, unilateral or otherwise, shall be taken on the
site”. The note verbale highlights the great concern of the Government of Jordan relating to
these actions “which have adversely altered the site’s characteristics, integrity, authenticity
and Islamic cultural heritage” and which “hinder the efforts to finally settle the Mughrabi
Gate Pathway dispute in a manner consistent with UNESCO’s consensus decisions and
acceptable by all relevant parties”.
8. On 4 February 2013, the Permanent Delegation of Jordan addressed a similar note
verbale on regarding the Mughrabi Ascent, adding that “the Jordanian Waqf Department in
Jerusalem reported on numerous occasions, and most recently on 23 January 2013, Israeli
extensive work on the Ascent […] and that around 20 Israeli workers are currently removing
the mass of the Ascent and it is clearly evident that wide portion of the Ascent has been
leveled to the adjacent area”. The note reflects the concerns of the Jordanian Government
“that the Israeli unilateral works may aim to lay the foundations for unilaterally erecting a
permanent bridge”. An additional note verbale dated 14 February was received by
UNESCO reiterating the concern of the Jordanian authorities over the on-going work at the
site.
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3 World Heritage Centre, Reinforced Monitoring Report on the Old City of Jerusalem and its Walls, February 2013
9. Two letters from the Palestinian Permanent Delegation dated 10 and 12 December
2012, informed the World Heritage Centre of work undertaken or foreseen by the Israeli
authorities inside or in the close vicinity of the Old City, as follows:
a) construction at the so-called “Givati Parking”, across the Southern Wall, of a
monumental building of four storeys and 9,000 square metres, whose height would
reach that of the Old City Walls, thus having a considerable visual impact;
b) development and infrastructure work from Damascus Gate to the Western Wall,
entailing archaeological excavation and including a tunnel under the Old City;
c) continuation of the archaeological excavations and digging of a tunnel under the
village of Silwan, adjacent to the Old City, thus constituting a network of tunnels
between Silwan and the Damascus Gate.
At the time of the drafting of this document, no response has been received to the World
Heritage Centre’s letter dated 25 January 2013 to the Permanent Delegation of Israel to
UNESCO requesting information on this matter.
10. On 14 February 2013, UNESCO received an additional note verbale from the
Permanent Delegation of Jordan and a letter from the Permanent Delegation of Palestine
concerning the destruction of historic buildings on the Western Wall Plaza and new
construction projects thereon by the Israeli authorities. The World Heritage Centre is
addressing a request for information to the Permanent Delegation of Israel in this respect.
11. On 25 January 2013, the Director-General of UNESCO was contacted by the
Permanent Delegation of Turkey to UNESCO regarding alleged damage to the ancient
Ottoman tiles surrounding the “Tomb of David”, on Mount Zion, just outside the Old City
Walls. On 29 January 2013, the World Heritage Centre addressed a letter to the Israeli
authorities requesting information on this matter. On 8 February, the Permanent Delegation
of Palestine to UNESCO also addressed a letter to the Director-General on this matter.
12. In preparation of the 37th session of the World Heritage Committee to take place in
June 2013 in Phnom Penh (Cambodia), the World Heritage Centre is expecting to receive
annual reports from the Israeli, Jordanian and Palestinian authorities concerning the “State
of conservation of the Old City of Jerusalem”. These reports will be reflected within the
document 37 COM 7A related to the state of conservation of properties inscribed on the List
of World Heritage in Danger.
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UNESCO World Heritage Centre - Decision - 37 COM 7A.26
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World Heritage Convention
Resolutions / Decisions
37 CO 7A.26
Decision
Search resolutions / decisions
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Decision 37 COM 7A.26
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
I
The World Heritage Committee,
1.
Having examineDd ocumen tWHC@13/ 37.COM/7A.Ad d2,
2.
Recallintg he relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions ;1949<, the Hague Convention for the
Protection of Cultura lPropert- in the Event of Armed Conflic tof 1954 and
its related protocols ,the Conventio nfor the Protection of the World Cultural
and Natura lHeritage of 1972, the inscription of the Old Cit- of Jerusalem
and its Walls at the re%uest of Jordan on the World Heritage List ;1961< and
on the List of World Heritage in Danger ;1962<, and the recommendations,
resolution sand decisions of UNESCO ,including Decision 34 COM 7A.23 ;I<,
adopted at its 34th session ;Saint Petersburg 2, .12<,
3.
Reaffirming that nothing in the presen tdecision ,which aims at the
safeguardin gof the authenticit- i,ntegrit- and cultura lheritage of the Old
Cit- of Jerusalem on both sides of its Walls, shall in an- wa- affect the
relevan tUnited Nations resolution sand decisions ,in particula rthe relevant
Securit- Counci lresolution son the lega lstatus of Jerusalem,
4.
Deplorets he continued Israelif ailure to cooperate and facilitate the
implementation of the World Heritage Committee Decision 34 COM 7A.2.,
which re%uests a joint World Heritage Centre/ICCROM/ICOMO reSactive
monitoring mission to the Old Cit- of Jerusalem and its Walls and despite its
own letter to the Directo rGenera lof UNESCO dated 23 April 2.13 accepting
the Mission as reflected in the agreemen treached at thes e19ss1 ion of
the Executive Board and as stipulated in the Executive Board 191
E/Decision 9, and
as s Israel to refrain from an- new preconditions in order
not to obstruct the implementation of the above mentioned agreementH
5.
Deepl- deplores the persistenc eof Israelia rchaeologica elxcavations
and wor s in the Old Cit- of Jerusalem and on both sides of its Walls and
the failure of Israe lto cease such wor sr ,aen%du ests the Israelia uthorities
to prohibit all such excavations and wor s, in conformit- with its obligations
under the Hague Conventio nfor the Protection of Cultura lPropert- in the
Event of Armed Conflic tof 1954 and its related protocols ,the Conventio nfor
the Protection of the World Cultura land Natura lHeritage of 1972, and as
clearl- stated in the Delh iUNESCO Recommendatio onf 1954 concerning
excavations underta en in occupied territoriesH
st
Decision Code
37 COM 7A.24
Themes
Conservation L. ist of World Heritage in
Danger
Properties
1
Old Cit! of Jerusalem and its Walls
Session
37th session of the World Heritage
Committee )37.CO*
Year
2013
State of conservation reports
2013 Old Cit! of Jerusalem and its Walls
Prev.
Next
World Heritage Convention
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6. Reiteratet she necessity of cooperatio nto facilitate access to the Old
City of Jerusalem and both sides of its Walls, including religious heritage
sites therein, in the context of the UNESCO Conventions for the protection
of the cultura lheritage ,and
expresse sits concerren garding the restricting
obstacles imposed by the Israeli authorities on the freedom of access
provided to Jordanian and Wa%f experts to safeguard such sitesH
7.
Also deplore, s in this regard ,the damaging effect of the Jerusalem
Light rail (tram line), itineran tat fmeweters from the Walls of the Old City of
Jerusalem w, hich severely affects the visua lintegrity and the authentic
character of the site and
urgesI srae lto restore the origina lcharacte rof the
site in conformity with its obligations under the Hague Convention for the
Protection of Cultura lProperty in the Event of Armed Conflic tof 1954 and
its related protocols and the Convention for the Protection of the World
Cultura land Natura lHeritage of 1972 as well as the 2011 UNESCO
Recommendatio cnoncerning the Historic Urban LandscapeH
8.
Regretts he Jerusalem Municipalit yplan to build a two?line cable car
system to connec tthe Mughrab Qi uarte rwith the Mount of Olives in East
Jerusalem a, nd
also urgeIs srae lto preven tany damage to the integrity and
authenticit yof the propertyb y abandonin gthe above mentioned pro ect in
conformity with its obligations under the Hague Convention for the
Protection of Cultura lProperty in the Event of Armed Conflic tof 1954 and
its related protocols and the Convention for the Protection of the World
Cultura land Natura lHeritage of 1972H
9.
Also regrets the decision of the Jerusalem District Planning and Building
Committee t,hat approved the constructio nof a visitor centre on the Givati
Parking lot in Silwan at a distance of twenty meters from the Walls of the Old
City as well as its approva lof the so called “Liba HouseD pro ect ,a huge
structure of three storeys and approximately 3700 s%uare meters in the Old
City of Jerusalem t,he extension of the Strauss Building and the Western
Wall elevator ,and
further urgeIss rae lto renounce to the above mentioned
pro ects in conformity with its obligations under the Hague Convention for
the Protection of Cultura lProperty in the Event of Armed Conflic tof 1954
and its related protocols and the Convention for the Protection of the World
Cultura land Natura lHeritage of 1972H
10.
Re%uestts he World Heritage Centre to continue applying the Reinforced
Monitoring Mechanism to the Old City of Jerusalem on both sides of its
Walls ,including the Mughrab Ai scent ,and
also re%uestits to report every
four months on this matterH
11.
Thanks the internationa dl onors for their generous contribution sto
UNESCO pro ects for the Safeguardin gof the Cultura lHeritage of the Old
City of Jerusalem on both sides of its Walls, and
calls upont he international
donor communit yto further support ,through extra?budgetar fyunding,
activities aimed at the safeguarding of the integrity and authenticity of the
Old City of Jerusalem and both sides of its wallsH
12.
Also thanks the Director?Gener aolf UNESCO and the World Heritage
Centre for their efforts aimed at the Safeguardin gof the Cultura lHeritage of
the Old City of Jerusalem on both sides of its walls and
invites them to
report on this matter at the 38th session of the World Heritage Committee in
2014H
II
13.
Recallin1g 76 E>Specia Pl lenary Meeting Decision ,and Executive Board
189 E> Decision 5 ;II)relating to the Ascent to the Mughrab Gi ate in the Old
City of Jerusalem,
14.
Taking into considerattihoe n 12thand all previous Reinforced Monitoring
Reports and their addenda prepared by the World Heritage Centre,
15.Expresseit ss conceran bout the decision by the Jerusalem District
Planning and Construction Commission on the town planning scheme for the
Mughrab Ai scent ,and the subse%uen tdecision by IsraelAs Nationa lCouncil
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for Planning and Construction to adopt “an alternative plan for the Mughrabi
Ascent” ,approved on 31 Octobe r2010 by the above?mentioned
Commission;
16.
Requestts hat, despite the decisions mentioned in paragraph 15, the
design process of the Mughrab Ai scent be inclusive of, and accepted by, all
parties concerned in accordance with obligations and duties of such parties
as stipulated in the provisions of the relevant UNESCO Conventions on the
protection of Cultura lHeritage;
17.
Reaffirms in this regard that no measures u, nilatera lor otherwise s, hall
be taken which will affect the authenticity i,ntegrity and the distinctive
charactero fthe site, in accordanc ewith the relevan tprovision sof the
Conventio nfor the Protection of the World Cultura land Natura lHeritage of
1772 and the Hague Conventio nfor the Protection of Cultura lProperty in
the Event of Armed Conflict of 1752;
16.
Also notes in this regard reports of preliminary discussions reached by
Jordan and Israe lrespectivel yregarding the Mughrab Ai scent which
stipulate that no measures u, nilatera lor otherwise s, hall be taken on the site
in accordance with paragraph 17 above;
17.
Acknowledge sreceiopft the Jordanian design for the restoration and
preservatio nof the Mughrab Ai scent ,submitted to the World Heritage
Centre on 27 May 2011, and
thanks Jordan for its cooperation in accordance
with the provisions of the relevant UNESCO Conventions for the Protection
of Cultura lHeritage;
20.
E,presseit ss concerrn egarding IsraelAs submission and conten tof its
plan for the Mughrab Ai scent ,arenqd uests that the World Heritage Centre
be proactivein the evaluation of the design received in accordance with
above paragraph 17;
21.Reiteratein s this regard ,the need for the parties concerned to
cooperate on all related aspects of this issuer eagnrde tsI sraelAs refusa lto
fulfil World Heritage Committee Decision 36 COM 7A.23.II ,E,ecutive Board
171 E>Decision 5 ;I< and related UNESCO Resolutions and Decisions;
22.
E,presse sits concern regarding the continuous i,ntrusive archaeological
demolition sand e,cavation sin and around the Mughrab Gi ate Ascent since
22 May 2012, and
calls ont he Israelia uthoritie sto end such violations,
respect the Status Quo, and cooperate with Jordanian and Waqf e,perts as
the competen tauthoritie sto maintain and safeguard the site in accordance
with the relevant provisions of the Convention for the Protection of the
World Cultura land Natura lHeritage of 1772 and the Hague Conventio nfor
the Protection of Cultura lProperty in the Event of Armed Conflic tof 1752;
23.
Furthe rregretIss raelir eligious?e,tremi sgtroups 'provocativ eincursions
into Al?Aqsa Mosque Compound through the Mughrab Gi ate, and
urges the
Israeli authorities to take the necessary measures to prevent such abuses
that violate the sanctity and integrity of the Compound and inflame tension
on the ground;
22.
Affirms , in this regard, the necessity to respect and safeguard the
integrity ,authenticit yand cultura lheritage of Al?Aqsa Mosque Compound,
as reflected in the Status Quo as a holy place for Muslim worship and as an
integra lpart of a World Cultura lHeritage site;
25.Thanks the Director?Gener afol r her attention to the sensitive situation in
the Ascent ancd alls uponh er to consul twith the concerned parties on the
dispatch of the necessary e,pertise to assess possible damages incurred to
the site through the conduct of recent Israeli demolitions as referenced in
the 12th Reinforced Monitoring Report prepared by the World Heritage
Centre and above paragraph 22;
III
Decides to retain te Old City of Jerusalem and its Walls on te List of
World Heritage in Danger
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© UNESCO World Heritage Centre 192902-3
Documents
WHC-13,37/CO,20
Decisions Adopted by the World Heritage Committee at its 37th Session )Phnom Penh. 2013*
Context of Decson
WHC-13,37/CO,7A/Add/2
HP EXHIBIT 216
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Executive Board 192 EX/Decisions
*
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 192nd SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 23 September – 11 October 2013)*
Hundred and ninety-second session
PARIS, 13 January 2014
HP EXHIBIT 217
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS.......................................................................... 1
1 Agenda, timetable of work, election of two Vice-Chairs and of
the Chairperson of the Committee on Non-Governmental Partners ........................................ 1
2 Approval of the summary records of the 191st session and the 5th special session ................ 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board.................................................................... 1
REPORTING ITEMS......................................................................................................................... 2
4 Execution of the programme adopted by the General Conference........................................... 2
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions ........................................................... 5
PROGRAMME MATTERS................................................................................................................14
6 Proposal for a global action programme for education for
sustainable development (ESD) as follow-up to the United Nations
Decade of Education for Sustainable Development (2005-2014) ............................................. 14
7 Implementation of the United Nations Literacy Decade (2003-2012)
and specific recommendations for the post-Decade period...................................................... 15
8 UNESCO’s participation in the preparations for a post-2015 development agenda.................. 15
9 UNESCO Global Geoparks Initiative........................................................................................ 16
10 Preliminary study on the technical and legal aspects relating to the desirability
of revising the 1974 Recommendation on the Status of Scientific Researchers ....................... 17
11 Jerusalem and the implementation of 36 C/Resolution 43 and 191 EX/Decision 9 .................. 17
12 Implementation of 191 EX/Decision 10 on “The two Palestinian sites
of al-Ḥaram al Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron
and the Bilāl ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem” ............................................... 18
13 Reports on the implementation of the Information for All Programme (IFAP) (2012-2013) ....... 19
INSTITUTES AND CENTRES .......................................................................................................... 20
14 Category 1 institutes and centres ............................................................................................. 19
15 Category 2 institutes and centres............................................................................................. 20
DRAFT MEDIUM-TERM STRATEGY (37 C/4)
AND DRAFT PROGRAMME AND BUDGET (37 C/5)...................................................................... 25
16 Implementation of 191 EX/Decision 15 on the Draft Medium-Term Strategy (37 C/4)
and Draft Programme and Budget (37 C/5), and 5 X/EX/Decision 2 ....................................... 25
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METHODS OF WORK OF THE ORGANIZATION............................................................................ 30
17 Reports by the Executive Board on its activities and programme implementation .................... 30
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS.......................................... 31
18 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of the
Committee thereon .................................................................................................................. 31
19 Methods of work of the Committee on Conventions and Recommendations............................ 31
20 Implementation of standard-setting instruments....................................................................... 32
21 Protocol instituting a Conciliation and Good Offices Commission to be responsible
for seeking the settlement of any disputes which may arise between States Parties
to the Convention against Discrimination in Education: nominations and report of the
Committee on Conventions and Recommendations thereon.................................................... 35
GENERAL CONFERENCE .............................................................................................................. 35
22 Nomination of a candidate for the post of Director-General of UNESCO.................................. 35
23 Preparation of the 37th session of the General Conference..................................................... 35
ADMINISTRATIVE AND FINANCIAL QUESTIONS......................................................................... 39
24 Financial report and audited consolidated financial statements for
the financial year ended 31 December 2012, and report by the External Auditor ..................... 39
25 Actual position concerning all payment plans agreed upon between UNESCO
and Member States in arrears with their contributions, and implementation
of the incentive scheme for the prompt payment of contributions............................................. 39
26 Appointment by the Executive Board of the Chairperson
and the Alternate Chairperson of the Appeals Board ............................................................... 40
27 Report by the Director-General as at 31 May 2013 on the implementation
of the recommendations of the External Auditor and his comments thereon ........................... 40
28 Report by the Director-General, in cooperation with the Headquarters Committee
on managing the UNESCO complex........................................................................................ 41
29 New audits by the External Auditor .......................................................................................... 42
30 Follow up on the proposals of the working group on the implications of the
application of International Public Sector Accounting Standards (IPSAS) for the
implementation of the incentive scheme for the prompt payment of contributions .................... 43
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS ................................................................ 43
31 Relations with non-governmental partners ............................................................................... 43
32 Proposals for the celebration of anniversaries with which UNESCO could be associated
in 2014-2015, and appeals by Member States concerning their proposals............................... 44
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GENERAL MATTERS ......................................................................................................................45
33 Implementation of 36 C/Resolution 81 and 191 EX/Decision 34 concerning
educational and cultural institutions in the occupied Arab territories......................................... 45
34 Report by the Director-General on the reconstruction and development of Gaza:
implementation of 191 EX/Decision 35 .................................................................................... 47
35 Renewal of the UNESCO-Madanjeet Singh Prize for
the Promotion of Tolerance and Non-Violence......................................................................... 48
ADDITIONAL ITEMS........................................................................................................................48
36 Agreement to establish a long-term cooperation between UNESCO
and the World Meteorological Organization (WMO) in the field of hydrology
and water resources (freshwater)............................................................................................. 48
37 Relations with the Association of Southeast Asian Nations (ASEAN)
and draft framework agreement between UNESCO and that regional organization ................. 49
38 International day of sports and physical activity ....................................................................... 49
39 Proclamation of 2016 as international year of global understanding (IYGU)............................. 49
40 Ethics and privacy in cyberspace............................................................................................. 50
41 The post-2015 perspective of education for all (EFA)............................................................... 51
42 Follow-up of the UNESCO reactive monitoring mission to the Old City of Jerusalem
and its Walls and the UNESCO experts meeting on the Mughrabi Ascent .............................. 51
43 Proposal to amend the Charter of the United Nations University (UNU) .................................. 52
PRIVATE MEETINGS.......................................................................................................................53
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board.................................................................... 53
18 Examination of the communications transmitted to the Committee on Conventions and
Recommendations in pursuance of 104 EX/Decision 3.3, and report of the Committee
thereon ....................................................................................................................................53
22 Nomination of a candidate for the post of Director-General of UNESCO.................................. 53
26 Appointment by the Executive Board of the Chairperson and
the alternate Chairperson of the Appeals Board....................................................................... 53
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(a) potential changes to the current proposal by the working group, which would
address the concerns raised by the Director-General in document 192 EX/9,
including possible alternatives to the creation of a category V advisory body;
(b) the role of existing and future Geoparks partners under an initiative, including the
International Union of Geological Sciences (IUGS) as well as other relevant
partners;
(c) a closer relationship between the Global Geoparks Network and relevant
UNESCO programmes, such as the Man and Biosphere (MAB) Programme and
the International Geosciences Programme (IGCP) may be fostered under a
global geoparks initiative;
9. Also requests the Director-General to report to it at its 194th session on the
conclusions of the working group.
(192 EX/SR.9)
10 Preliminary study on the technical and legal aspects relating to the desirability of
revising the 1974 Recommendation on the Status of Scientific Researchers (192 EX/10;
192 EX/47)
The Executive Board,
1. Recalling 189 EX/Decision 13 (III), and 190 EX/Decision 24 (IV),
2. Considering Article 10 of the Rules of Procedure concerning Recommendations to
Member States and International Conventions covered by the terms of Article IV,
paragraph 4, of the Constitution,
3. Having examined the preliminary study of the technical and legal aspects of revising
the 1974 Recommendation on the Status of Scientific Researchers adopted by the
General Conference at its 18th session (document 192 EX/10),
4. Decides to inscribe the following item on the provisional agenda of the 37th session of
the General Conference: “Revision of the Recommendation on the Status of Scientific
Researchers, adopted by the General Conference at its 18th session in 1974”.
(192 EX/SR.9)
11 Jerusalem and the implementation of 36 C/Resolution 43 and 191 EX/Decision 92
(192 EX/11; 192 EX/47)
The Executive Board,
1. Having examined document 192 EX/11,
2 The Executive Board adopted this decision upon a recommendation made by the Programme and External
Relations Commission (PX) following a roll-call vote: 38 votes in favour, 1 vote against and 16 abstentions:
In favour: Afghanistan, Algeria, Angola, Austria, Bangladesh, Belarus, Brazil, Burkina Faso, China, Congo, Cuba,
Denmark, Djibouti, Ecuador, Egypt, Ethiopia, France, Gabon, Gambia, Grenada, India, Indonesia, Kazakhstan,
Mali, Mexico, Namibia, Nigeria, Pakistan, Peru, Russian Federation, Saudi Arabia, Syrian Arab Republic, Tunisia,
United Arab Emirates, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam and Zimbabwe.
Against: United States of America.
Abstentions: Belgium, Czech Republic, Italy, Japan, Kenya, Malawi, Monaco, Montenegro, Papua New Guinea,
Republic of Korea, Saint Lucia, Spain, Slovakia, the former Yugoslav Republic of Macedonia, Thailand, United
Kingdom
Absent: Barbados, Ghana, Haiti.
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2. Recalling resolutions and decisions of UNESCO on Jerusalem, as well as the
provisions of the four Geneva Conventions (1949) and their Additional Protocols, the
1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict (1954) and its Protocols and the
Convention for the Protection of the World Cultural and Natural Heritage (1972),
3. Affirming that nothing in the present decision, which is aimed at the safeguarding of the
distinctive character of East Jerusalem, shall in any way affect the relevant United
Nations resolutions and decisions, in particular the relevant Security Council
resolutions on the legal status of Jerusalem,
4. Regrets the absence of progress in the implementation of previous UNESCO decisions
concerning Jerusalem, particularly 185 EX/Decision 14, and reiterates its request to the
Director-General to appoint, as soon as possible, a permanent and eminent expert(s)
to be stationed in East Jerusalem to report on a regular basis about all the aspects
covering all UNESCO fields of competence in the City of East Jerusalem;
5. Reaffirms the requirement to implement promptly and fully the above-mentioned
decisions, and urges the Israeli authorities to facilitate their implementation, in
conformity with the provisions of relevant UNESCO conventions, resolutions and
decisions;
6. Deplores the failure of Israel to cease its persistent excavations and works in East
Jerusalem, and reiterates its request to the Israeli authorities to prohibit all such works,
in conformity with the provisions of relevant UNESCO conventions, resolutions and
decisions;
7. Also deplores the continuous Israeli unilateral measures and practices, as well as the
settlers’ incursions in East Jerusalem, which dangerously and irreversibly affect the
city’s distinctive religious, cultural, historical and demographic character, and urges the
Israeli authorities to take the necessary measures to end these abuses;
8. Thanks the Director-General for her efforts to implement previous UNESCO decisions
on Jerusalem, and asks her to maintain and reinvigorate such efforts;
9. Decides to include this item in the agenda of the 194th session of the Executive Board
and invites the Director-General to submit to it a progress report thereon.
(192 EX/SR.9)
12 Implementation of 191 EX/Decision 10 on “The two Palestinian sites of al-Ḥaram
al-Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāḥ
Mosque/Rachel’s Tomb in Bethlehem”3 (192 EX/12; 192 EX/47)
The Executive Board,
3 The Executive Board adopted this decision upon a recommendation made by the Programme and External
Relations Commission (PX) following a roll-call vote: 43 votes in favour, 1 vote against and 12 abstentions:
In favour: Afghanistan, Algeria, Angola, Austria, Bangladesh, Belarus, Belgium, Brazil, Burkina Faso, China,
Congo, Cuba, Denmark, Djibouti, Ecuador, Egypt, Ethiopia, France, Gabon, Gambia, Ghana, Grenada, India,
Indonesia, Kazakhstan, Malawi, Mali, Mexico, Namibia, Nigeria, Pakistan, Peru, Russian Federation, Saudi
Arabia, Slovakia, Spain, Syrian Arab Republic, Tunisia, United Arab Emirates, Uzbekistan, Venezuela (Bolivarian
Republic of), Viet Nam and Zimbabwe.
Against: United States of America.
Abstentions: Czech Republic, Italy, Japan, Kenya, Monaco, Montenegro, Papua New Guinea, Republic of Korea,
Saint Lucia, the former Yugoslav Republic of Macedonia, Thailand, United Kingdom.
Absent: Barbados, Haiti.
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Executive Board 194 EX/Decisions
*
PARIS, 15 May 2014
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 194th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 2-15 April 2014)*
Hundred and ninety-fourth session
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work ........................................................................................ 1
2 Approval of the summary records of the 192nd and 193rd sessions ............................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 2
4 Implementation of the Programme and Budget and results achieved
in the previous biennium (2012-2013 – 36 C/5) (Draft 38 C/3) ........................................ 2
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 7
PROGRAMME MATTERS....................................................................................................... 13
6 Education beyond 2015 .................................................................................................. 13
7 Revision of the Statutes of the UNESCO International Institute
for Higher Education in Latin America and the Caribbean (IESALC) ............................... 14
[8 UNESCO Global Geoparks Initiative] .............................................................................. 14
9 Desirability of the revision of the UNESCO International
Charter of Physical Education and Sport.........................................................................15
10 Action Plan for the International Decade for the
Rapprochement of Cultures (2013-2022) ........................................................................15
11 Jerusalem and the implementation of 37 C/Resolution 44 and 192 EX/Decision 11 ....... 16
12 Implementation of 192 EX/Decision 12 on “The two Palestinian sites
of al-Ḥaram al Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron
and the Bilāl ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem” ...................................... 17
13 UNESCO Prizes .............................................................................................................19
14 UNESCO’s participation in the preparations for the post-2015 development agenda...... 20
15 Evaluation of UNESCO’s association with the celebration of anniversaries .................... 21
INSTITUTES AND CENTRES ................................................................................................. 21
16 Category 1 institutes and centres....................................................................................21
17 Category 2 institutes and centres.................................................................................... 22
MEDIUM-TERM STRATEGY (37 C/4) ..................................................................................... 24
18 Medium-Term Strategy for 2014-2021 ............................................................................ 24
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MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 24
19 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of the
Committee thereon .........................................................................................................24
20 Methods of work of the Committee on Conventions and Recommendations................... 24
21 Implementation of standard-setting instruments – General monitoring............................ 25
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................25
22 Internal Oversight Service (IOS): Annual report 2013 .....................................................25
23 New audits by the External Auditor .................................................................................26
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 28
[24 Relations with non-governmental partners] .....................................................................28
25 Draft memorandum of understanding between UNESCO
and the King Abdullah Bin Abdulaziz International Centre
for Interreligious and Intercultural Dialogue (KAICIID).....................................................28
GENERAL MATTERS.............................................................................................................29
26 Dates of the 195th session and provisional list of matters
to be examined by the Executive Board at its 195th session........................................... 29
27 Implementation of 37 C/Resolution 67 and 192 EX/Decision 33 concerning
educational and cultural institutions in the occupied Arab territories ............................... 29
28 Report by the Director-General on the reconstruction and development
of Gaza: implementation of 192 EX/Decision 34 ............................................................31
ADDITIONAL ITEMS...............................................................................................................32
29 Language teaching in education systems .......................................................................32
30 The role of foresight and evaluation in UNESCO’s
new programmatic and strategic context ........................................................................33
31 UNESCO at 70 and future prospects ..............................................................................35
32 Follow-up by UNESCO of the situation in
the Autonomous Republic of Crimea (Ukraine) ...............................................................36
PRIVATE MEETINGS..............................................................................................................38
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board...........................................................38
19 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of
104 EX/Decision 3.3, and report of the Committee thereon............................................. 38
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on the programme delivery capacities of the field offices within their respective
available financial and human resources, as well as on the decentralization of
programme resources from the programme sectors;
9. Requests the Director-General to ensure, ideally by its 195th session, but no later than
the end of 2014, that all directors of field offices have signed performance agreements
with clear objectives and targets, with consistent associated indicators.
(194 EX/SR.7)
5 Follow-up to decisions and resolutions adopted by the Executive Board and the
General Conference at their previous sessions (194 EX/5 Part I and Add.-Add.2;
194 EX/5 Part II; 194 EX/5 Part III and Add.-Add.2 Rev.; 194 EX/5.INF; 194 EX/34;
194 EX/35)
I
Programme issues
A
Report of the United Nations University (UNU) Council and
UNESCO-UNU Plan of Joint Activities for 2014-2017
The Executive Board,
1. Having examined document 194 EX/5 Part I (A),
2. Takes note of its content.
(194 EX/SR.7)
B
Sharing of good practices in education
The Executive Board,
1. Recalling 191 EX/Decision 39,
2. Having examined document 194 EX/5 Part I (B) “Sharing of good practices in
education”,
3. Acknowledging UNESCO’s role in the compilation and sharing of good practices in
education,
4. Stressing the necessity and importance of establishing a register of good practices in
education that would contribute to ensuring stronger South-South and North-South-
South cooperation, to making headway in achieving the unrealized education for all
(EFA) goals, and to addressing post-2015 challenges in education,
5. Considering that the information contained in document 194 EX/5 Part I (B) constitutes
a reference framework for the compilation, revision and updating of the UNESCO
database of good practices in education,
6. Requests the Director-General to post on the UNESCO website updated information
and reference materials concerning the register of good practices in education,
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194 EX/Decisions – page 8
distinguishing governmental from non-governmental sectors, in order to promote the
dissemination and exchange of such good practices, pursuant to 191 EX/Decision 39;
7. Also requests the Director-General to formulate a strategy in order to encourage the
exchange of good practices in education and promote South-South and North-South-
South cooperation in this field, in collaboration with UNESCO offices and institutes and
in consultation with Member States, in accordance with 191 EX/Decision 39;
8. Further requests the Director-General to submit to it at its 196th session a separate
report on the progress achieved thereon.
(194 EX/SR.7)
C
Implementation of 37 C/Resolution 44 and 192 EX/Decision5 (I)(D)
relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem1
The Executive Board,
1. Having considered document 194 EX/5 Part I (C) and the annex to this decision,
2. Recalling previous decisions concerning “the Ascent to the Mughrabi Gate in the Old
City of Jerusalem”,
3. Decides to include this item in the agenda of its 195th session, and invites the Director-
General to submit to it a follow-up report thereon.
ANNEX
194 EX/PX/DR.5.2
PARIS, 8 April 2014
Original: English
Executive Board
Hundred and ninety-fourth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 5 Follow-up to decisions and resolutions adopted by the Executive Board and the General
Conference at their previous sessions – Part I, Programme Issues – Implementation of
37 C/Resolution 44 and 192 EX/Dec.5 (I, D) relating to the Ascent to the Mughrabi Gate in
the Old City of Jerusalem
DRAFT DECISION
Submitted by: Algeria, Egypt, Kuwait, Morocco, Tunisia and United Arab Emirates
1 The Executive Board adopted this decision upon a recommendation made by consensus by the Programme and
External Relations Commission (PX).
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The Executive Board,
1. Having considered the report of the Director-General (194 EX/5 Part I (C)),
2. Recalling the relevant provisions on the protection of cultural heritage, including the four Geneva
Conventions (1949), the relevant provisions of the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 1954 and its protocols, the Conventions for the Protection of
the World Cultural and Natural Heritage 1972, the inscription of the Old City of Jerusalem and its Walls
at the request of Jordan on the World Heritage List (1981) and the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO,
3. Also recalling previous UNESCO decisions relating to the Ascent to the Mughrabi Gate in the Old City
of Jerusalem, including 180 EX/Decision 5 (II), 189 EX/Decision 5 (II), 191 EX/Decision 5(I), 192
EX/Decision 5 (I.D) and decision 37 COM 7A.26 of the World Heritage Committee (Phnom Penh,
2013),
4. Taking note of the 12th Reinforced Monitoring Report and of all previous reports, together with their
addenda prepared by the World Heritage Centre,
5. Deplores the fact that neither the reactive monitoring mission to the Old City of Jerusalem and its
Walls nor the meeting of experts on the Mughrabi Ascent have taken place despite the relevant
Executive Board and World Heritage Committee (WHC) decisions: 189 EX/Decision 5(II),
189 EX/Decision 8, 191 EX/Decision 5 (I), 192 EX/Decision 5 (I.D), 191 EX/Decision 9 and WHC
decision 34 COM 7A.20 (Brasilia consensus decision), and urges Israel to honour its commitments to
implement the aforementioned decisions;
6. Recognizes the concerns raised, in this regard, about the decision by the Jerusalem District Planning
and Construction Commission on the town planning scheme for the Mughrabi Ascent, and the
subsequent decision by Israel’s National Council for Planning and Construction to adopt “an
alternative plan for the Mughrabi Ascent”, approved on 31 October 2010 by the aforementioned
Commission;
7. Requests that, despite the decisions mentioned in paragraph 6 of this decision, the process for the
design of the Mughrabi Ascent be inclusive of and accepted by all parties, in accordance with the
obligations and duties of such parties as stipulated in the content of the conventions mentioned in
paragraph 2 of this decision and in previous World Heritage Committee decisions.
8. Affirms, in this regard, that the UNESCO process for the follow-up of the design of the Mughrabi
Ascent, which is aimed at finding an accepted and monitored solution concerning the Mughrabi
Ascent, be coordinated among all parties concerned, in accordance with the spirit and content of
previous World Heritage Committee decisions, recognizes the concerns raised regarding Israel’s
submission and the content of its plan for the Mughrabi Ascent referred to in paragraph 6 of this
decision, and requests that the World Heritage Centre be proactive and follow closely, in the context of
the Reinforced Monitoring Mechanism, the developments associated with this process and the
evaluation of the Jordanian design received;
9. Reaffirms in this regard that no measures, unilateral or otherwise, shall be taken which affect the
authenticity, integrity and cultural heritage of the site, in accordance with the Convention for the
Protection of the World Cultural and Natural Heritage of 1972, and the relevant provisions on the
protection of cultural heritage of the Hague Convention for the Protection of Cultural Property in the
Event of Armed Conflict of 1954 and the relevant decisions of UNESCO’s Executive Board and World
Heritage Committee referred to above;
10. Reiterates its thanks to Jordan for its cooperation, urges Israel to cooperate with Jordanian Awqaf
Department in accordance with the relevant provisions of UNESCO Conventions for the protection of
cultural heritage referred to above, and calls on Israel to facilitate access of Jordanian Awqaf experts
with their tools and material to the site;
11. Expresses its concern regarding the continuous, intrusive Israeli archaeological demolitions,
excavations and works in and around the Ascent to the Mughrabi Gate despite World Heritage
Committee decisions 36 COM 7A.23 and 37 COM 7A.26, and requests the Israeli authorities to end
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194 EX/Decisions – page 10
such excavations and works in conformity with this decision and the relevant UNESCO conventions for
the protection of cultural heritage;
12. Deplores the recent construction by Israel of a platform in the Burāq (Western Wall) Plaza, in violation
of its obligations under the conventions referred to above, and requests Israel to remove the structure
built, immediately restore the site to its original character, and refrain from taking any further unilateral
steps which jeopardize the site, and its integrity and authenticity;
13. Expresses its concern regarding the Israeli authorities’ admittance of provocative religious-extremist
groups and uniformed forces into the al-Aqṣà Mosque compound (also known as the al-Ḥaram ash-
Sharīf compound) through the Mughrabi Gate, and regrets the systematic violations of the sanctity of
the compound and the continued interruption of the freedom of worship therein;
14. Affirms in this regard, the need to protect and safeguard the authenticity, integrity and cultural heritage
of the al-Aqṣà Mosque compound;
15. Expresses its thanks to the Director-General for her attention to the sensitive situation in the Ascent to
the Mughrabi Gate in the Old City of Jerusalem, and calls on the Director-General to facilitate the
meeting of experts as well as confidence-building measures by dispatching the necessary expertise to
assess possible damage incurred through the conduct of recent Israeli works on the site;
16. Invites the Director-General to submit to it at its 195th session a progress report thereon.
(194 EX/SR.7)
D
Follow-up to the UNESCO reactive monitoring mission to the Old City of Jerusalem
and its Walls and the UNESCO experts meeting on the Mughrabi Ascent2
The Executive Board,
1. Having examined document 194 EX/5 Part I (D),
2. Recalling 191 EX/Decision 5(I), 191 EX/Decision 9, 192 EX/Decision 5 (I) (D),
192 EX/Decision 11 and 192 EX/Decision 42, as well as World Heritage Committee
decision 34 COM/7A.20,
3. Decides to implement paragraph 11 of decision 34 COM/7A.20 adopted by the World
Heritage Committee in Brasilia at its 34th session as follows:
– (a) Phase I: the dispatch, on an agreed date prior, at least 10 days, to the 38th
session of the World Heritage Committee, of the joint World Heritage
Centre/ICCROM/ICOMOS reactive monitoring mission to the Old City of
Jerusalem and its Walls to assess, as a first phase, the 18 sites included in the
Action Plan as pilot sites;
2 The Executive Board adopted this decision upon a recommendation made by the Programme and External
Relations Commission (PX) following a roll-call vote: 34 votes in favour, 1 vote against and 21 abstentions:
In favour: Afghanistan, Algeria, Argentina, Austria, Bangladesh, Belize, Brazil, Chad, China, Cuba, Dominican
Republic, Ecuador, Egypt, France, Gabon, Guinea, India, Indonesia, Italy, Kuwait, Mali, Mauritius, Mexico,
Morocco, Namibia, Nigeria, Pakistan, Russian Federation, Spain, Togo, Tunisia, Turkmenistan, United Arab
Emirates, United Kingdom.
Against: United States of America.
Abstentions: Albania, Angola, Czech Republic, El Salvador, Estonia, Ethiopia, Germany, Japan, Malawi,
Montenegro, Mozambique, Nepal, Netherlands, Papua New Guinea, Republic of Korea, Saint Kitts and Nevis,
Sweden, Thailand, Trinidad and Tobago, Uganda, Ukraine.
Absent: Gambia, the former Yugoslav Republic of Macedonia.
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194 EX/Decisions – page 11
– (b) Phase II: the dispatch, on an agreed date, of the joint World Heritage
Centre/ICCROM/ICOMOS reactive monitoring mission to the Old City of
Jerusalem and its Walls, to assess, as second phase, the major monumental
complexes designated in the Action Plan (i.e. al-Ḥaram ash-Sharif, the Citadel,
the Western Wall, the Holy Sepulchre and the City Walls);
4. Invites all parties concerned to participate in the experts meeting on the Mughrabi
Ascent, to be held at UNESCO upon an agreed date prior, at least 10 days, to the 38th
session of the World Heritage Committee;
5. Requests that the report and recommendations of the mission as well as the report of
the technical meeting on the Mughrabi Ascent in Paris, be presented to the parties
concerned before the 38th session of the World Heritage Committee;
6. Takes note of the technical adjournment of the five Middle East items on the agenda of
its 194th session and their inclusion in the agenda of its 195th session;
7. Also invites all parties concerned to facilitate the implementation of the abovementioned
UNESCO joint mission;
8. Thanks the Director-General for her continuous efforts to implement the abovementioned
UNESCO joint mission and all related UNESCO decisions and resolutions;
9. Decides to include this item in the agenda of its 195th session, and invites the Director-
General to submit to it a follow-up report thereon.
(194 EX/SR.7)
E
Revised Operational Strategy for Priority Africa
The Executive Board,
1. Having examined document 194 EX/5 Part I (E),
2. Thanks the Director-General for the additional information provided on the
harmonization of the 30 expected results of the six flagship programmes with the five
major programmes and on the roles, responsibilities and relations of the various
entities of the Secretariat and of the various stakeholders at the continental level;
3. Takes note of the additional information, and requests the Director-General to include it
in the final text of the revised operational strategy for Priority Africa as adopted by the
General Conference at its 37th session;
4. Also requests the Director-General to report to it, in her periodic reports to the
governing bodies, on the implementation of Priority Africa and on the relevant flagship
programmes.
(194 EX/SR.7)
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UNESCO World Heritage Centre - Decision - 38 COM 7A.4
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Decision 38 COM 7A.4
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
I
The World Heritage Committee,
1. Having examin eDdocumen tWHCA14/38.COM/7A.Add,
Recallin tghe relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions <1848=, the Hague Convention
for the Protection of Cultura lProperty in the Event of Armed Conflic tof
1854 and its related protocols ,the Conventio nfor the Protection of the
World Cultura land Natura lHeritage of 1872, the Delh iUN ESCO
Recommendatio onf 1856 concerning excavation sundertake nin
occupied territories t,he inscription of the Old City of Jerusalem and its
Walls at the re&uest of Jordan on the World Heritage List <1881= and on
the List of World Heritage in Danger <1882= and related
recommendation sre, solution sand decisions of UNESCO,
2.
Reaffirmin tghat nothing in the presen tdecision ,which aims at the
safeguardin gof the authenticity i,ntegrity and cultura lheritage of the
Old City of Jerusalem on both sides of its Walls, shall in any way affect
the relevan tUnited Nations resolution sand decisions ,in particula rthe
relevan tSecurity Counci lresolution son the lega lstatus of Jerusalem,
3.
Deeply concerned by the persistence of the Israeli illegal excavations
and works conducted by settler groups in the Old City of Jerusalem
and on both sides of its Walls and the failure of Israel to cease such
harmfu linterventions ,
re&uests Israel to timely stop all such violations,
in conformity with its obligations under the provisions of related
UNESCO Conventions and recommendations,
4.
Regrets the damaging effect of the Jerusalem Light rail (tram line; at
few meters from the Walls of the Old City of Jerusalem as well as the
constructio nof the so called “City of David Nationa lParkD in Silwan at a
distance of twenty meters from the Walls of the Old City, the so called
“Liba HouseD pro ect, the extension of the Strauss Building and the
Western Wall elevator ,which severely affect the visua lintegrity and the
authentic character of the site and
re&uests Israel to restore the
origina lcharacte rof the site in conformity with its obligation sunder
the provisions of related UNESCO Conventions and recommendationsI
5.
Also concerned b Iysraelp lan to build a two@line cable car system to
connec tthe Mughrab Qi uarte rwith the Mount of Olives in the
Palestinian East Jerusalem a, nd
also urges Israel to prevent any
6.
Decision Code
38 COM 7A.4
Themes
List of World Heritage in Danger
Properties
1
Old Cit of Jerusalem and its Walls
Session
38th session of the World Heritage
Committee *38.CO+
Year
2014
State of conservation reports
2014 Old Cit of Jerusalem and its Walls
Prev.
Next
World Heritage Convention
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II
13.Recallin 1g75 EX/Specia Pl lenary Meeting Decision ,and all UNESCO
Executive Board Decisions relating to the Ascent to the Mughrab Gi ate in the
Old City of Jerusalem,
13.
Taking into considera ttihoen 13th and all previous Reinforced Monitoring
Reports and their addenda prepared by the World Heritage Centre as well as
the State of Conservation report submitted to the World Heritage Centre by
the Hashemite Kingdom of Jordan and the State of Palestine,
14.
Acknowledge sreceipt of the Jordanian design for the restoration and
preservatio nof the Mughrab Ai scent ,submitted to the World Heritage
Centre on 27 May 2/11, and
thanks Jordan for its cooperation in accordance
with the provisions of the relevant UNESCO Conventions for the Protection
of Cultura lHeritageI
15.
Expresses its concern regarding the Israeli submission and content of its
plan for the Mughrab Ai scent ,aren&d uests that the World Heritage Centre
consider the design submitted by JordanI
17.
Also expresse sits concern regarding the continuous i,ntrusive
demolition sand illega lexcavation sin and around the Mughrab Gi ate Ascent,
and
calls on Israelt o end such violations ,respec tthe Status Quo, and
enable the Jordanian Wa&f experts as a part of the competen tauthoritie sto
maintain and safeguard the site in accordance with the relevant provisions
of the UNESCO Convention sand Recommendation isn particula rthe Hague
Conventio nfor the Protection of Cultura lProperty in the Event of Armed
Conflict of 1943I
18.
Thanks the Director@Gener afol r her attention to the sensitive situation in
the Ascent ancd alls upo nher to maintain her efforts in a v tieo wimplement
all related UNESCO resolutions and decisionsI
damage to the integrity and authenticit yof the propertyb y abandoning
the above mentioned pro ect in conformity with its obligations under
the provisions of related UNESCO Conventions and recommendationsI
Expresses its concern regarding the restricting obstacles imposed by
Israel on the freedom of access that shall be provided to the
competen tnationa lauthoritie sincluding the Jordanian Wa&f experts to
safeguard the Old City of Jerusalem and both sides of its WallsI
7.
Furthe rregrets Israel iextremis tgroups 'continuou sincursion sinto Al@
A&sa Mos&ue Compound aunrdg e sIsraelt o take necessary measures
to prevent such provocative abuses that violate the sanctity and
integrity of the Al@A&sa Mos&ue Compound and inflame tension on the
groundI
8.
Also regrets the damage by Israel in 2/13 of the historic ceramics atop
of the main gates of the Dome of the Rock and the damage of the
historic gates and windows of the Qibli Mos&ue inside al@A&sa
Compound and
affirms, in this regard, the necessity to respect and
safeguard the integrity ,authenticit yand cultura lheritage of Al@A&sa
Mos&ue Compound a, s reflected in the Status Quo, as a Muslim Holy
Site of worship and as an integra lpart of a World Cultura lHeritage siteI
9.
Re&uestts he World Heritage Centre to continue applying the
Reinforced Monitoring Mechanism to the Old City of Jerusalem on both
sides of its Walls, and
also re&uests it to report every four months on
this matterI
1/.
Thanks the internationa dl onors for their generous contribution sto
UNESCO pro ects for the safeguardin gof the cultura lheritage of the
Old City of Jerusalem on both sides of its Walls, and
calls upon the
internationa dl onor communit yto further support ,through extra@
budgetary funding ,activities aimed at the safeguardin gof the integrity
and authenticity of the Old City of Jerusalem and both sides of its
wallsI
11.
Also thanks the Director@Gener aolf UNESCO and the World Heritage
Centre for their efforts aimed at the Safeguarding of the Cultural
Heritage of the Old City of Jerusalem on both sides of its walls and
invites them to report on this matter at the 39th session of the World
Heritage Committee in 2/14I
12.
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© UNESCO World Heritage Centre 192902.3
III
19.Recallintg he Executive Board decisions 191 E/Decisio n9,
192 E/Decision 42, 194 E/Decision4<D= and the World Heritage Committee
decisions 37Com/7A.23 and 34 COM/7A.20,
20.
Decide tso implemen tparagraph 11 of decision 34 COM 7A.20 adopted
by the World Heritage Committee in Brasilia at its 34th session as follows:
a)Phase I: the dispatch ,as soon as possible ,of the joint World
Heritage Centre/ICCROM/ICOMO reSactive monitoring mission to the
Old City of Jerusalem and its Walls to assess, as a first phase, the 17
sites included in the Action Plan as pilot sites,
b)Phase II: the dispatch of the joint World Heritage
Centre/ICCROM/ICOMO reSactive monitoring mission to the Old City of
Jerusalem and its Walls, to assess, as second phase, the major
monumenta cl omplexe sdesignated in the Action Plan (i.e. the Harames-
Sharif ,the Citadel ,the Western Wall, the Holy Sepulche rand the
City walls) ;
21.
Re&ues ttshat the report and recommendation osf the mission be
presented to the concerned parties before the next 194 E Board session;
22.Take snote of the technica ladjournmen ot f the five Middle East items on
the agenda of its 194th session and their inclusion on the agenda of its
194th session;
23.
Invites all concerned parties to facilitate the implementation of the
above-mentione UdNESCO joint mission;
24.Thanks the Director-ener afol r her continuou sefforts to implemen tthe
above-mentione UdNESCO joint mission and all related UNESCO decisions
and resolutions a, nd invites her to report on this matter at the next 39th
World Heritage Committee session;
I
25.
Decides to retain the Old City of Jerusalem and its Walls on the List of
World Heritage in Danger.
Documents
WHC.1%-380CO-1&
Report of the Decisions adopted by the World Heritage Coittee at its 38th session *Doha/
201%+
Context of Decson
WHC.1%-380CO-'0dd
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Executive Board 195 EX/Decisions
*
PARIS, 28 November 2014
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 195th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 15-30 October 2014)*
Hundred and ninety-fifth session
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TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work and election of the Chair
of the Committee on Non-Governmental Partners ......................................................... 1
2 Approval of the summary records of the 194th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 7
PROGRAMME MATTERS.......................................................................................................20
6 Education beyond 2015 ..................................................................................................20
7 United Nations University (UNU): Report by the Council of the UNU
and UNESCO-UNU Joint Plan of Activities for 2014-2017 .............................................. 21
8 UNESCO’s participation in the preparations for a post-2015 development agenda......... 21
9 Jerusalem and the implementation of 37 C/Resolution 44 and 194 EX/Decision 11........ 22
10 Implementation of 194 EX/Decision 12 on “The two Palestinian sites of al-Ḥaram
al-Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāḥ
Mosque/Rachel’s Tomb in Bethlehem”............................................................................ 22
11 UNESCO prizes ............................................................................................................. 23
INSTITUTES AND CENTRES ................................................................................................. 26
12 Category 2 institutes and centres.................................................................................... 26
PROGRAMMING AND BUDGETING...................................................................................... 28
13 Preliminary proposals by the Director-General
on the preparation of the budget for the biennium (38 C/5) ............................................. 28
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 29
14 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of the
Committee thereon .........................................................................................................29
15 Implementation of standard-setting instruments..............................................................30
16 Report of the working group on the methods of work of
the Committee on Conventions and Recommendations.................................................. 30
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17 Statutes of the International Scientific Committee for the Preparation
and Publication of Volume IX of the General History of Africa......................................... 31
18 Statutes of the International Scientific Committee
of the Pedagogical Use of the General History of Africa.................................................. 31
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................ 31
19 Financial report and audited consolidated financial statements for
the year ended 31 December 2013, and report by the External Auditor .......................... 31
20 Report by the Director-General on the status of Member States’
contributions and payment plans as at 31 August 2014 .................................................. 32
21 Financial regulations of Special Accounts ....................................................................... 32
22 Report by the Director-General, in cooperation with the Headquarters Committee,
on managing the UNESCO Headquarters complex......................................................... 33
23 New audits by the External Auditor ................................................................................. 34
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 35
24 Relations with non-governmental partners ...................................................................... 35
25 Revised programme for UNESCO’s association with the celebration of anniversaries .... 36
GENERAL MATTERS .............................................................................................................36
26 Dates of the 196th session and provisional list of matters
to be examined by the Executive Board at its 196th session........................................... 36
27 Action plan on arrangements for the celebration
of the 70th anniversary of UNESCO ............................................................................... 37
28 Implementation of 37 C/Resolution 67 and 194 EX/Decision 27 concerning
educational and cultural institutions in the occupied Arab territories................................ 38
29 Report by the Director-General on the reconstruction and development of Gaza:
implementation of 194 EX/Decision 28 ........................................................................... 39
ADDITIONAL ITEMS...............................................................................................................40
30 The international Indentured Labour Route project ......................................................... 40
31 Protection of Iraqi heritage ............................................................................................. 40
32 Establishment of an international coordination committee (ICC)
for Preah Vihear Temple, included in the World Heritage List ......................................... 43
33 Consideration of the procedure to be followed for the nomination
of the Director-General of the Organization.....................................................................43
[34 Proposal for the proclamation of the International Day of University Sport] ..................... 43
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35 Invitations to the intergovernmental meeting (category II) related to a draft
recommendation on the protection and promotion of museums and collections.............. 43
36 Draft memorandum of understanding between UNESCO
and the Commission on Science and Technology for
Sustainable Development in the South (COMSATS)....................................................... 44
PRIVATE MEETINGS..............................................................................................................45
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 45
14 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon .............................................................................. 45
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5 Follow-up to decisions and resolutions adopted by the Executive Board and the
General Conference at their previous sessions (195 EX/5 Part I; 195 EX/5.INF (online
only); 195 EX/5 Part II and Addenda; 195 EX/5.INF.5; 195 EX/5 Part III; 195 EX/5 Part IV
and Add.; 195 EX/5.INF.2; 195 EX/5 Part V and Addenda; 195 EX/5.INF.3; 195 EX/5.INF.4;
195 EX/40; 195 EX/41; 195 EX/42)
I
Programme issues
A
UNESCO Global Geoparks Initiative
The Executive Board,
1. Recalling 37 C/Resolution 26 on the further examination of the parameters of possible
UNESCO global geoparks and 194 EX/Decision 5 (I) (G),
2. Having examined documents 195 EX/5 Part I (A) and 195 EX/5 INF,
3. Acknowledging the decisions taken and agreements reached by the Global Geoparks
Network (GGN) at its 2014 General Assembly, held in Canada, where the members
unanimously endorsed the establishment of the Network as a legally constituted, notfor-
profit association,
4. Expressing its appreciation to the Global Geoparks Network (GGN) for its generous
financial support enabling the working group on UNESCO global geoparks to meet,
5. Notes the progress made by the working group on UNESCO global geoparks at its fifth
meeting, with a view to formalizing the establishment of UNESCO global geoparks;
6. Takes note of the draft proposed operational guidelines for UNESCO global geoparks
contained in document 195 EX/5 INF, including the reference to the role assigned to
the Executive Board;
7. Recognizing the need to promote synergies and cooperation between the proposed
UNESCO global geoparks initiative and other UNESCO programmes and conventions,
8. Invites the Director-General to:
(a) consider creating a formal partnership with the Global Geoparks Network
association, taking account of the association’s legal character and its intended
role in an international geoscience and geoparks programme (IGGP) based on
an analysis of the added value of such a partnership;
(b) report on any decision taken by the International Union of Geological Sciences
(IUGS) at the meeting of its Executive Committee in January 2015 on proposed
changes to the existing International Geoscience Programme (IGCP), and amend
the partnership with IUGS as appropriate;
(c) undertake, after the establishment of an international geoscience and geoparks
programme (IGGP), capacity-building activities in the field of geoparks funded by
contributions made by Global Geoparks Network members so as to achieve
equitable geographical distribution;
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195 EX/Decisions – page 8
(d) convene further meetings of the working group on UNESCO global geoparks so
as to prepare the draft statutes of an international geoscience and geoparks
programme, finalize the working group’s recommendations and present the
complete proposal, including the draft operational guidelines as finalized by it, to
the Executive Board at its 196th session;
(e) examine, if necessary, how to align the calendars of the International Geoscience
Programme (IGCP) and the Global Geoparks Network (GGN) with those of
UNESCO’s governing bodies, in the most efficient way;
(f) provide all relevant information on the financial implications of an international
geoscience and geoparks programme (IGGP);
9. Requests the Director-General to submit to it at its 196th session the report requested
in paragraph 3 of 37 C/Resolution 26.
(195 EX/SR.6)
B
Developments relating to UNESCO’s relationship
with the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES)
The Executive Board,
1. Having examined document 195 EX/5 Part I (B),
2. Takes note of its content.
(195 EX/SR.6)
C
Consideration of the desirability of preparing a declaration
on ethical principles in relation to climate change
The Executive Board,
1. Having examined document 195 EX/5 Part I (C),
2. Takes note of its content.
(195 EX/SR.6)
D3
Implementation of 37 C/Resolution 44 and 194 EX/Decision 5 (I) (C)
relating to the Ascent to the Mughrabi Gate in the Old City of Jerusalem
OCCUPIED PALESTINE
The Executive Board,
1. Having examined document 195 EX/9 and the related report of the Director-General
(195 EX/5 Part I (D) and (E)), and having considered documents 190 EX/39,
191 EX/35, 192 EX/34, 195 EX/29 and Add., 195 EX/10 and 195 EX/DG.INF.2,
3 This decision includes the decisions under agenda items 5.I (E), 9, 10 and 29.
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2. Recalling the provisions of the four Geneva Conventions (1949) and their Additional
Protocols, the 1907 Hague Regulations on Land Warfare, the Hague Convention for
the Protection of Cultural Property in the Event of Armed Conflict (1954) and its related
Protocols, the Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property (1970) and the Convention for
the Protection of the World Cultural and Natural Heritage (1972), the inscription of the
Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List
(1981) and the List of World Heritage in Danger (1982), and the recommendations,
resolutions and decisions of UNESCO on the protection of cultural heritage, as well as
resolutions and decisions of UNESCO relating to Jerusalem, also recalling previous
UNESCO decisions relating to the reconstruction and development of Gaza as well as
UNESCO decisions on the two Palestinian sites in al-Khalīl/Hebron and in Bethlehem,
3. Affirming that nothing in the present decision, which is aimed, inter alia, at the
safeguarding of the Palestinian cultural heritage and the distinctive character of
Jerusalem, shall in any way affect the relevant Security Council and other United
Nations resolutions and decisions on the legal status of Palestine and Jerusalem,
I
A Jerusalem and the implementation of 37 C/Resolution 44 and 194 EX/Decision 11
4. Regrets the absence of progress in the implementation of previous UNESCO decisions
concerning Jerusalem, particularly 185 EX/Decision 14, and reiterates its request to the
Director-General to appoint, as soon as possible, a permanent and eminent expert(s)
to be stationed in East Jerusalem to report on a regular basis about all the aspects
covering all UNESCO fields of competency in East Jerusalem;
5. Deplores the failure of Israel, the occupying Power, to cease the persistent excavations
and works in East Jerusalem, particularly in and around the Old City, and reiterates its
request to Israel, the occupying Power, to prohibit all such works, in conformity with its
obligations under the provisions of the relevant UNESCO conventions, resolutions and
decisions;
6. Also deplores the continuous Israeli violations, such as: closure and restrictions of
access to the Muslim holy site al-Aqṣà Mosque (also known as al-Ḥaram ash-Sharīf);
the attempts to change the pre-1967 status quo; the targeting of civilians including
religious figures, sheikhs, and priests, as well as all restoration works near and around
the Mosque, further deplores the large number of arrests and injuries inside and
around al-Aqṣà Mosque by the Israeli forces as well as the frequent intrusions of
religious-extremist groups and uniformed forces into the Mosque and urges Israel, the
occupying Power, to end these abuses which inflame the tension on the ground;
7. Reaffirms in this regard the need to protect and safeguard the authenticity, integrity and
cultural heritage of al-Aqṣà Mosque and to respect the pre-1967 status quo;
8. Thanks the Director-General for her efforts to implement previous UNESCO decisions
on Jerusalem and requests her to maintain and reinvigorate such efforts;
B Implementation of 37 C/Resolution 44 and 194 EX/Decision 5 (I) (C) relating to the
Ascent to the Mughrabi Gate in the Old City of Jerusalem
9. Noting the 13th Reinforced Monitoring Report and all previous reports, together with
their addenda prepared by the World Heritage Centre, as well as the state of
conservation report submitted to the World Heritage Centre by Jordan and Palestine,
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195 EX/Decisions – page 10
10. Deplores the continuing Israeli unilateral measures and decisions regarding the Ascent
to the Mughrabi Gate and reaffirms that no Israeli unilateral measures shall be taken in
conformity with its status and obligations under the 1954 Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict;
11. Reiterates its thanks to Jordan for its cooperation and urges Israel, the occupying
Power, to cooperate with the Jordanian Awqaf Department, in conformity
with its obligations under the provisions of the 1954 Hague Convention for
the Protection of Cultural Property in the Event of Armed Conflict, and to facilitate
access of Jordanian Awqaf experts with their tools and material to the site in order to
enable the execution of the Jordanian design of the Ascent to the Mughrabi Gate in
accordance with UNESCO and World Heritage Committee decisions, particularly
decision 37 COM 7A.26;
12. Expresses its concern regarding the continuous, intrusive Israeli archaeological
demolitions, excavations and works in and around the Ascent to the Mughrabi Gate
despite World Heritage Committee decisions 36 COM 7A.23, 37 COM 7A.26 and
38 COM 7A.4, and requests Israel, the occupying Power, to end such excavations and
works;
13. Takes note that the Government of Jordan welcomes the Israeli decision to dismantle
the wooden bridge which was installed in the beginning of August 2014 at the Mughrabi
Ascent, which constituted a clear violation of international law and the pre-1967 status
quo and the previous UNESCO resolutions and decisions on this matter, and calls on
Israel to respect the relevant UNESCO decisions as well as its assurances not to alter
the pre-1967 status quo at the site of the Mughrabi Ascent;
14. Thanks the Director-General for her attention to this sensitive situation, and requests
her to dispatch the necessary expertise to assess damage incurred through the
conduct of recent Israeli works on the site;
C Follow-up of the UNESCO reactive monitoring mission to the Old City of
Jerusalem and its Walls and the UNESCO experts meeting on the Mughrabi
Ascent
15. Regrets the continued Israeli failure to act in accordance with UNESCO and World
Heritage Committee decisions that request a UNESCO experts meeting on the
Mughrabi Ascent and the dispatch of a reactive monitoring mission (RMM), as referred
to in the Operational Guidelines for the Implementation of the World Heritage
Convention (1972), to the Old City of Jerusalem and its Walls, and urges Israel, the
occupying Power, to accept and facilitate the implementation of the aforementioned
RMM and experts meeting in accordance with UNESCO decisions and in conformity
with its obligations under the provisions of UNESCO conventions for the protection of
cultural property and cultural heritage;
16. Invites the Director-General to take the necessary measures to implement the abovementioned
reactive monitoring mission (RMM) and experts meeting in accordance with
World Heritage Committee decision 34 COM 7A.20, prior to the 196th session of the
Executive Board, and invites all concerned parties to facilitate the implementation of
the above-mentioned UNESCO RMM and experts meeting;
17. Requests that the report and recommendations of the mission, as well as the report of
the technical meeting on the Mughrabi Ascent in Paris, be presented to the concerned
parties before the 196th session of the Executive Board;
18. Thanks the Director-General for her continuous efforts to implement the abovementioned
UNESCO joint mission and all related UNESCO decisions and resolutions;
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195 EX/Decisions – page 22
consultation with Member States, will be presented to the General Assembly at its 69th
session,
5. Noting that the United Nations General Assembly has decided that the outcome
document of its Open Working Group on Sustainable Development Goals shall be the
main basis for integrating sustainable development goals into the post-2015
development agenda, while recognizing fully that other inputs may also be considered
in the intergovernmental negotiation process at its 69th session,
6. Affirms that intangible cultural capital is a fundamental component of human
development, and that the intangible cultural heritage based on people's cultural
traditions is a key resource for sustainable development that must be taken into
consideration in the post-2015 sustainable development goals;
7. Also affirms the growing importance of cultural industries and the creative economy for
generating income and creating new employment opportunities, especially for youth
and in the case of developing countries;
8. Welcomes the outcome of the UNESCO World Forum on Culture and Cultural
Industries, held in Florence, Italy, from 2 to 4 October 2014, and the Florence
Declaration, which follows the Hangzhou Declaration on the role that culture plays as a
driver for sustainable development, adopted in May 2013, and the Bali Promise,
adopted at the World Culture Forum in November 2013;
9. Calls for Member States and all relevant stakeholders to continue supporting culture in
the post-2015 development agenda as an enabler and driver of sustainable
development, under the goals proposed by the Open Working Group on Sustainable
Development Goals;
10. Requests the Director-General to provide a progress report to it at its 196th session on
the implementation of the present decision.
11. Invites the Director-General to submit to it at its 196th session a report with an update
of the Organization’s engagement and on further developments regarding the
elaboration of the post-2015 development agenda.
(195 EX/SR.6)
9 Jerusalem and the implementation of 37 C/Resolution 44 and 194 EX/Decision 11
(195 EX/9; 195 EX/41)
For this agenda item, see 195 EX/Decision 5 (I) (D).
(195 EX/SR.6)
10 Implementation of 194 EX/Decision 12 on “The two Palestinian sites of al-Ḥaram al-
Ibrāhīmī/Tomb of the Patriarchs in al-Khalīl/Hebron and the Bilāl ibn Rabāḥ
Mosque/Rachel’s Tomb in Bethlehem” (195 EX/10; 195 EX/41)
For this agenda item, see 195 EX/Decision 5 (I) (D).
(195 EX/SR.6)
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Executive Board 196 EX/Decisions
*
PARIS, 22 May 2015
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 196th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 8-23 April 2015)*
Hundred and ninety-sixth session
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TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, and report of the Bureau ................................................ 1
2 Approval of the summary records of the 195th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 4
PROGRAMME MATTERS.......................................................................................................16
6 Report on the Strategy for Technical and vocational education
and training (TVET) and directions for follow-up beyond 2015 ....................................... 16
7 Education beyond 2015 ................................................................................................. 16
8 UNESCO’s participation in the preparations for a post-2015 development agenda......... 18
9 Report on the progress of the revision of the International Charter
of Physical Education and Sport .....................................................................................21
10 Invitations to the intergovernmental meeting (category II) related
to the draft recommendation concerning the preservation of,
and access to, documentary heritage in the digital era.................................................... 21
11 The New Delhi Declaration on Inclusive ICTs for persons
with Disabilities: Making Empowerment a Reality .......................................................... 22
12 UNESCO prizes .............................................................................................................23
INSTITUTES AND CENTRES ................................................................................................. 24
13 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute........................................................................................ 24
14 Renewal of category 2 institutes and centres.................................................................. 24
PROGRAMMING AND BUDGETING...................................................................................... 25
15 Draft budget for the biennium 2016-2017 (38 C/5) .......................................................... 25
METHODS OF WORK OF THE ORGANIZATION................................................................... 29
16 Consideration of the procedure to be followed for the nomination
of the Director-General of the Organization..................................................................... 29
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MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 31
17 Report on the implementation of the International Standard
Classification of Education (ISCED)................................................................................31
18 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ...................................................................................................31
19 Implementation of standard-setting instruments.............................................................. 31
20 Report of the working group on the methods of work of
the Committee on Conventions and Recommendations.................................................. 32
GENERAL CONFERENCE .....................................................................................................32
21 Preparation of the 38th session of the General Conference............................................ 32
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................ 34
22 Financial Regulations of Special Accounts...................................................................... 34
23 New audits by the External Auditor ................................................................................. 35
24 Annual report of the Internal Oversight Service (IOS) 2014............................................. 37
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 38
25 Proposals by Member States for the celebration of anniversaries
in 2016-2017 with which UNESCO could be associated ................................................. 38
GENERAL MATTERS .............................................................................................................41
26 Occupied Palestine.........................................................................................................41
27 Implementation of 37 C/Resolution 67 and 195 EX/Decision 28 concerning
educational and cultural institutions in the occupied Arab territories................................ 45
28 Dates of the 197th session and provisional list of matters
to be examined by the Executive Board at its 197th session........................................... 47
ADDITIONAL ITEMS............................................................................................................... 48
29 Culture in conflict areas: a humanitarian concern and a safety issue.
UNESCO’s role and responsibilities................................................................................ 48
30 Learning without fear: preventing and combating
school-related gender-based violence ............................................................................ 50
31 Safety of journalists and the issue of impunity................................................................. 53
32 UNESCO’s role and responsibilities in implementing global
citizenship education and promoting peace and human rights
education and education for sustainable development....................................................56
33 International Day of University Sport............................................................................... 59
HP EXHIBIT 222
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(iii)
34 Leveraging ICTs to support the achievement of the post-2015 education agenda .......... 60
[35 Enhancing UNESCO’s Contributions to Promote Culture of Respect]............................. 61
PRIVATE MEETINGS..............................................................................................................62
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board...........................................................62
18 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon ..............................................................................62
HP EXHIBIT 222
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196 EX/Decisions – page 41
Cervantes, writer (1547-1616) (with the support
of Colombia, El Salvador, France, Honduras,
Portugal and Uruguay)
40. 400th anniversary of the birth of Bartolomé
Esteban Murillo, painter (1617-1682) (with the
support of Colombia, El Salvador, France,
Honduras, Portugal and Uruguay)
Spain
41. 100th anniversary of the birth of Puey
Ungphakorn, educator and economist (1916-
1999) (with the support of the Philippines and
Viet Nam)
Thailand
42. 150th anniversary of the birth of Chao Phaya
Prasadej Surendrathibodi (M.R. Pia Malakul),
educator (1867-1916) (with the support of the
Republic of Korea and Viet Nam)
Thailand
43. 50th anniversary of the death of Mehmet Fuat
Köprülü, scholar (1890-1966) (with the support
of Azerbaijan and Kazakhstan)
Turkey
44. 850th anniversary of the death of Khoja Ahmed
Yasawi, poet and Sufi (1093 or 1103-1166) (with
the support of Azerbaijan, Kazakhstan and
Kyrgyzstan)
Turkey
(196 EX/SR.6)
GENERAL MATTERS
26 Occupied Palestine3 (196 EX/26; 196 EX/39)
The Executive Board,
1. Having examined document 196 EX/26,
2. Recalling the provisions of the four Geneva Conventions (1949) and their Additional
Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague
Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)
and its related Protocols, the Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) and the
Convention for the Protection of the World Cultural and Natural Heritage (1972), the
inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the
World Heritage List (1981) and the List of World Heritage in Danger (1982), and the
recommendations, resolutions and decisions of UNESCO on the protection of cultural
3 The Executive Board adopted this decision upon a recommendation made by the Programme and External
Relations Commission (PX) following a roll-call vote: 29 votes in favour, 3 vote against and 20 abstentions:
In favour: Algeria, Angola, Argentina, Belize, Brazil, China, Cuba, Ecuador, Egypt, France, Gabon, Gambia,
Guinea, India, Indonesia, Kuwait, Mali, Mexico, Morocco, Mozambique, Namibia, Nigeria, Pakistan, Russian
Federation, Spain, Sweden, Trinidad and Tobago, Tunisia, United Arab Emirates.
Against: Czech Republic, Germany, United States of America.
Abstentions: Albania, Austria, Dominican Republic, El Salvador, Estonia, Ethiopia, Italy, Japan, Malawi,
Montenegro, Nepal, Netherlands, Papua New Guinea, Republic of Korea, Saint Kitts and Nevis, Thailand, the
former Yugoslav Republic of Macedonia, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland.
Absent: Afghanistan, Bangladesh, Chad, Mauritius, Togo, Turkmenistan.
HP EXHIBIT 222
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heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development
of Gaza as well as UNESCO decisions on the two Palestinian sites in al-Khalīl/Hebron
and in Bethlehem,
3. Affirming that nothing in the present decision, which is aimed, inter alia, at the
safeguarding of the Palestinian cultural heritage and the distinctive character of East
Jerusalem, shall in any way affect the relevant Security Council and other United
Nations resolutions and decisions on the legal status of Palestine and Jerusalem,
I
A Jerusalem
4. Deeply regrets the Israeli refusal to implement previous UNESCO decisions concerning
Jerusalem, particularly 185 EX/Decision 14, and reiterates its request to the Director-
General to appoint, as soon as possible, a permanent and eminent expert(s) to be
stationed in East Jerusalem to report on a regular basis about all the aspects covering
all UNESCO fields of competence in East Jerusalem;
5. Deplores the failure of Israel, the occupying Power, to cease the persistent excavations
and works in East Jerusalem, particularly in and around the Old City, and reiterates its
request to Israel, the occupying Power, to prohibit all such works, in conformity with its
obligations under the provisions of the relevant UNESCO conventions, resolutions and
decisions;
6. Thanks the Director-General for her efforts to implement previous UNESCO decisions
on Jerusalem and requests her to maintain and reinvigorate such efforts;
B Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf and its surroundings
1 Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
7. Also deplores the continuous Israeli violations, abuses, works and excavations such
as: closure and restrictions of access to the Muslim holy site al-Aqṣà Mosque/al-Ḥaram
ash-Sharīf, the attempts to change the pre-1967 status quo; the targeting of civilians
including religious figures, sheikhs, and priests, as well as all restoration works near
and around the Mosque, further deplores the large number of arrests and injuries
inside and around al-Aqṣà Mosque/al-Ḥaram ash-Sharīf by the Israeli forces as well as
the frequent intrusion by religious extremist groups and uniformed forces into the
Mosque and urges Israel, the occupying Power, to end these violations and abuses
which inflame the tension on the ground and between faiths;
8. Reaffirms in this regard the need to respect the protection and the safeguarding of the
authenticity, integrity and cultural heritage of al-Aqṣà Mosque/al-Ḥaram ash-Sharīf and
to respect the pre-1967 status quo, and calls on Israel, the occupying Power, to stop
the obstruction of the immediate execution of all the 19 Hashemite restoration projects
in and around al-Aqṣà Mosque/al-Ḥaram ash-Sharīf;
9. Regrets the damage caused by Israeli security forces on 30 October 2014 to the
historic gates and windows of al-Qibli Mosque inside al-Aqṣà Mosque/al-Ḥaram ash-
Sharīf which is a Muslim holy site of worship and an integral part of the world heritage
site;
10. Expresses its deep concern over the Israeli closure and ban on the renovation of the
al-Raḥma Gate building, one of the al-Aqṣà Mosque/al-Ḥaram ash-Sharīf gates, and
urges Israel to stop obstruction of the necessary restoration works, in order to repair
HP EXHIBIT 222
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the damage caused by the weather conditions, especially the water leakage into the
rooms of the building;
11. Further deplores the Israeli decision to approve: a plan to build a two-line cable car
system in East Jerusalem; the construction of the so-called “Kedem Center”, a visitor
centre near the southern wall of al-Aqṣà Mosque/al-Ḥaram ash-Sharīf; the so-called
“Liba House” project in the Old City of Jerusalem; the demolition and new construction
of the so-called Strauss Building, and the Western Wall elevator project, and further
urges Israel, the occupying Power, to renounce the above-mentioned projects in
conformity with its obligations under the relevant UNESCO conventions, and in
particular the 1954 Hague Convention for the Protection of Cultural Property in the
Event of Armed Conflict and its related Protocols, as well as UNESCO decisions,
particularly World Heritage Committee decisions 37 COM/7A.26 and 38 COM/7A.4;
12. Notes the relative improvement of access of Muslim worshippers to al-Aqṣà Mosque/al-
Ḥaram ash-Sharīf over the past four months, and urges Israel, the occupying Power, to
take necessary measures to prevent provocative abuses that violate the sanctity and
integrity of al-Aqṣà Mosque/al-Ḥaram ash-Sharīf and inflame tension on the ground;
2 Ascent to the Mughrabi Gate in al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
13. Takes note of the 13th Reinforced Monitoring Report and all previous reports, together
with their addenda prepared by the World Heritage Centre, as well as the state of
conservation report submitted to the World Heritage Centre by Jordan and the State of
Palestine;
14. Deplores the continuing Israeli unilateral measures and decisions regarding the Ascent
to the Mughrabi Gate, including the expansion of the Western Wall plaza, on account of
the Islamic remains of the site, and the enforced creation of a new Jewish prayer
platform which has recently been expanded to create a new “Wailing Wall” area south
of the Mughrabi Ascent, and reaffirms that no Israeli unilateral measures shall be taken
in conformity with its status and obligations under the 1954 Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict;
15. Reiterates its thanks to Jordan for its cooperation and urges Israel, the occupying
Power, to cooperate with the Jordanian Awqaf Department, in conformity with its
obligations under the provisions of the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict, and to facilitate access of Jordanian
Awqaf experts with their tools and material to the site in order to enable the execution
of the Jordanian design of the Ascent to the Mughrabi Gate in accordance with
UNESCO and World Heritage Committee decisions, particularly 37 COM/7A.26 and
38 COM/7A.4;
16. Also thanks the Director-General for her attention to this sensitive situation, and
requests her to take the necessary measures in order to enable the execution of the
Jordanian design of the Ascent to the Mughrabi Gate;
C UNESCO reactive monitoring mission to
the Old City of Jerusalem and its Walls
and UNESCO experts meeting on the Mughrabi Ascent
17. Also regrets the continued Israeli failure to act in accordance with UNESCO and World
Heritage Committee decisions that request a UNESCO experts meeting on the
Mughrabi Ascent and the dispatch of a reactive monitoring mission (RMM), as referred
to in the Operational Guidelines for the Implementation of the World Heritage
Convention (1972), to the Old City of Jerusalem and its Walls, and urges Israel, the
occupying Power, to accept and facilitate the implementation of the aforementioned
HP EXHIBIT 222
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RMM and experts meeting in accordance with UNESCO decisions and in conformity
with its obligations under the provisions of UNESCO conventions for the protection of
cultural property and cultural heritage;
18. Invites the Director-General to take necessary measures to implement the abovementioned
UNESCO reactive monitoring mission (RMM) in accordance with World
Heritage Committee decision 34 COM/7A.20, prior to the 197th session of the
Executive Board, and invites all concerned parties to facilitate the implementation of
the UNESCO RMM and experts meeting;
19. Stresses the need for the urgent implementation of the above-mentioned UNESCO
reactive monitoring mission (RMM), and decides, in case of non-implementation prior
to the 197th session of the Executive Board, to consider, in conformity with
international law, other means to ensure its implementation;
20. Requests that the report and recommendations of the UNESCO reactive monitoring
mission (RMM), as well as the report of the technical meeting on the Mughrabi Ascent,
be presented to the concerned parties before the 197th session of the Executive
Board;
21. Further thanks the Director-General for her continuous efforts to implement the abovementioned
UNESCO joint mission and all related UNESCO decisions and resolutions;
II
A Reconstruction and development of Gaza
22. Strongly deplores the continuous negative impact of the successive Israeli military
operations in the Gaza Strip in all fields of competence of UNESCO;
23. Also deplores the continuous Israeli blockade of the Gaza Strip, which harmfully affects
the free and sustained movement of personnel and humanitarian relief items for the
successful implementation of UNESCO reconstruction projects, as well as the
intolerable number of casualties among Palestinian children, the attacks on schools
and other educational and cultural facilities, and the denial of access to education, and
urges Israel, the occupying Power, to immediately ease this blockade in accordance
with the spirit and essence of the 2014 Cairo agreement between Israel and Palestine
for a long-term ceasefire in Gaza;
24. Reiterates its request to the Director-General to upgrade the UNESCO Antenna in
Gaza in order to ensure the prompt reconstruction of schools, universities, cultural
heritage sites, cultural institutions, media centres and places of worship that have been
destroyed or damaged by the consecutive Israeli wars on Gaza;
25. Thanks the Director-General for initiatives that have already been implemented in Gaza
in the field of education, and for the safety of media professionals, and calls upon her
to continue her involvement actively in the reconstruction of Gaza’s damaged
educational and cultural components;
26. Thanks the Director-General for organizing an information meeting on the current
situation in Gaza in the fields of competence of UNESCO and on the outcome of the
projects conducted by UNESCO in the Gaza Strip-Palestine;
HP EXHIBIT 222
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B The two Palestinian sites of al-Ḥaram al-Ibrāhīmī/Tomb of the Patriarchs in
al-Khalīl/Hebron and the Bilāl Ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem
27. Reaffirms that the two concerned sites located in al-Khalīl/Hebron and in Bethlehem
are an integral part of Palestine;
28. Deplores the ongoing Israeli construction of private roads for settlers and a separation
wall inside the Old City of al-Khalīl/Hebron and the subsequent denial of freedom of
movement and freedom of access to places of worship, and urges Israel, the occupying
Power, to end these violations, in compliance with provisions of relevant UNESCO
conventions, resolutions and decisions;
29. Also deplores the visit of the Israeli President on 2 February 2015 to the illegal
settlement in the historic centre of al-Khalīl/Hebron, and requests Israel, the occupying
Power, to prevent such visits;
30. Regrets the Israeli refusal to comply with 185 EX/Decision 15 which requested the
Israeli authorities to remove the two Palestinian sites from its national heritage list and
urges Israel, the occupying Power, to act in accordance with that decision;
III
31. Decides to include an item entitled “Occupied Palestine” in the agenda at its 197th
session, and invites the Director-General to submit to it a progress report thereon.
(196 EX/SR.6)
27 Implementation of 37 C/Resolution 67 and 195 EX/Decision 28 concerning educational
and cultural institutions in the occupied Arab territories4 (196 EX/27; 196 EX/39)
I
OCCUPIED PALESTINE
The Executive Board,
1. Recalling 37 C/Resolution 67 and 185 EX/Decision 36 as well as Article 26 of the
Universal Declaration of Human Rights with regard to the right to education, Articles 4
and 94 of the Fourth Geneva Convention with regard to the denial of the right of
children to education, as well as the Hague Convention (1954) and its Protocols and
the Convention for the Protection of the World Cultural and Natural Heritage (1972),
4 The Executive Board adopted this decision upon a recommendation made by the Programme and External
Relations Commission (PX) following a roll-call vote: 47 votes in favour, 1 vote against and 9 abstentions:
In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Austria, Bangladesh, Belize, Brazil, Chad, China,
Cuba, Czech Republic, Dominican Republic, Ecuador, Egypt, Estonia, France, Gabon, Gambia, Germany,
Guinea, India, Indonesia, Italy, Kuwait, Malawi, Mali, Mauritius, Mexico, Montenegro, Morocco, Mozambique,
Namibia, Nepal, Netherlands, Nigeria, Pakistan, Russian Federation, Spain, Sweden, the former Yugoslav
Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, United Arab Emirates, United Kingdom of Great
Britain and Northern Ireland.
Against: United States of America.
Abstentions: El Salvador, Ethiopia, Japan, Papua New Guinea, Republic of Korea, Saint Kitts and Nevis,
Thailand, Uganda, Ukraine.
Absent: Turkmenistan.
HP EXHIBIT 222
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World Heritage Convention
Resolutions / Decisions
39 CO 7A.27
Decision
Search resolutions / decisions
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Decision 39 COM 7A.27
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
The World Heritage Committee,
1. Having examin eDdocumen tWHCB15/39.COM/7A.Add,
Recallin tghe relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions =1949>, the Hague Convention
for the Protection of Cultura lProperty in the Event of Armed Conflic tof
1954 and its related protocols ,the Conventio non the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultura lProperty =1970>, the
Convention for the
Protection of the World Cultura land Natura lHeritage
of 1972, the Delhi
UNESCO Recommendatio onf 1956 concerning excavation sundertaken
in occupied territories t,he inscription of the Old City of Jerusalem and
its Walls at the re&uest of Jordan on the World Heritage List =1981> and
on the List of World Heritage in Danger =1982> and related
recommendation sre, solution sand decisions of UNESCO,
2.
Reaffirmin tghat nothing in the presen tdecision ,which aims at the
safeguardin gof the authenticity i,ntegrity and cultura lheritage of the
Old City of Jerusalem on both sides of its Walls, shall in any way affect
the relevan tUnited Nations resolution sand decisions ,in particula rthe
relevan tSecurity Counci lresolution son the lega lstatus of Jerusalem,
I
3.
Deeply concerned by the persistence of the Israeli illegal excavations
and works conducted by the Israeli Occupation authorities and the
extreme settler groups in the Old City of Jerusalem and on both sides
of its Walls and the failure of Israelt o cease such harmfu linterventions,
re&uests Israelt o timely stop all such violations ,in conformity with its
obligations under the provisions of related UNESCO Conventions and
recommendations,
4.
Regrets the damage caused by the Israeli security forces on 30
October 2014 to the historic Gates and windows of the Qibli Mos&ue
inside AlAA&sa Mos&ue /AlAHaram AlASharif ,which is a Muslim holy site
of worship and an integra lpart of a World Heritage SiteK
5.
th
Expresse sits deep conc eorvner the Israel iclosure and ban of the
renovation of AlARahma Gate building ,one of AlAA&sa Mos&ue /AlA
Haram AlAShari fGates ,aunrdg e sIsraelt o stop obstructio nof the
necessary restoration works, in order to fix the damage caused by the
weathe rconditions e, specially the water leakage into the rooms of the
buildingK
6.
Decision Code
39 COM 7A.27
Themes
Conservation L. ist of World Heritage in
Danger
Properties
1
Old Cit of Jerusalem and its Walls
Session
39th session of the World Heritage
Committee )39.CO*
Year
2015
State of conservation reports
2015 Old Cit of Jerusalem and its Walls
Prev.
Next
World Heritage Convention
HP EXHIBIT 223
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Deplores the damaging effect of the Jerusalem Light rail (tram line) at
few meters from the Walls of the Old City of Jerusalem which severely
affects the visual integrity and the authentic character of the site and
requests Israel, the Occupying Power, to restore the origina lcharacter
of the site in conformity with its obligations under the provisions of
related UNESCO Conventions and recommendations;
7.
Calls on Israel, the Occupying Power, to stop the obstruction of the
immediate e-ecution of all the 19 Hashemite restoration pro ects in and
around Al-Aqsa Mosque/ Al-Haram Al-Sharif;
8.
Also deplores the Israel idecision to approve Jthe plan to build a twoline
cable car system in East Jerusalem t,he plan to construc tof the so
called “Liba HouseF pro ect in the Old City of Jerusalem t,he demolition
and new constructio nof the so-called Strauss Building ,and the pro ect
of the elevator in the Buraq Pla/a =Western Wall), the digging of a
Mamluk structure beneath the Buraq Pla/a =Western Wall), the
e-cavation sand constructio nof n leevwels underneat hthe Buraq
Pla/a, and
urges Israel, the Occupying Power, to renounce the above
mentioned pro ects in conformity with its obligations under the
provisions of related UNESCO Conventions and recommendations
particularly the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 1954 and its related
protocols ,as well as UNESCO Decisions particularl ythe World Heritage
Committee decisio2n6s and 38COM7A.4;
9.
E-presse sits deep conc ererngarding the plan for building of the so
called “edem CenterF a visitors centre near the southern wall of Al-
Aqsa Mosque/Al-Hara mAl-Sharif ,which severely affects the visual
integrity and the authentic characte rof the site, in addition ,its
placemen tat the northern entrance to Silwan village will cut off the
Palestinian residents dC irect connection to Old City and the Palestinian
neighbourhood tso the north and east of the village ,furthermore m, ost
of the remains resulted from the e-cavation therein have been
completely removed without documentation;
10.
E-presses its concern regarding the restricting obstacles imposed by
Israel, the Occupying Power, on the freedom of access that shall be
provided to the competen tnationa lauthoritie sincluding the Jordanian
Waqf e-perts to safeguard the Old City of Jerusalem and both sides of
its Walls;
11.
Welcome sthe relative improvemen ot f Muslim worshippers a' ccess into
A.l-Aqsa Mosque/ Al-Haram Al-Sharif over the past seven months,
regrets the Israel ie-tremis tgroups 'continuou sstorming of Al-.Aqsa
Mosque /Al-Haram Al-Sharif ,and
urges Israel, the Occupying Power, to
take necessary measures to prevent such provocative abuses that
violate the sanctity and integrity of the Al Aqsa Mosque/ Al-Haram Al-
Sharif and inflame tension on the ground;
12.
Further regrets the damage by Israel, the Occupying Power, of the
historic ceramics atop of the main gates of the Dome of the Rock and
the damage of the historic gates and windows of the Qibli Mosque
inside Al Aqsa Mosque/Al-Haram Al-Sharif and
reaffirms, in this regard,
the necessity to respec tand safeguard the integrity ,authenticit yand
cultura lheritage of Al-Aqsa Mosque /Al-Haram Al-Sharif ,as reflected
in the Status Quo, as a Muslim Holy Site of worship and as an integral
part of a World Cultura lHeritage site;
13.
Calls upon Israel to return the remains and to provide the World
Heritage Centre with the relevant documentation in particular
concerning the removed and found historic remains ,as well as to
restore the origina lcharacte rof the sites of all the above mentioned
pro ects;
14.
Reques ttshe World Heritage Centre to continue applying the
Reinforced Monitoring Mechanism to the Old City of Jerusalem on both
sides of its Walls, and
also requests it to report every four months on
this matter;
15.
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Thanks the Director-Gener aolf UNESCO and the World Heritage
Centre for their efforts aimed at the Safeguarding of the Cultural
Heritage of the Old City of Jerusalem on both sides of its walls and
invites them to report on this matter at the 40th session of the World
Heritage Committee in 2016;
II
16.
Recallin 1g76 EX/Specia Pl lenary Meeting Decision ,and all UNESCO
E-ecutive Board Decisions relating to the Ascent to the Mughrab Gi ate
in the Old City of Jerusalem,
17.
Affirms that the Mughrab Ai scent is an integra land inseparabl epart of
Al A&sa Mos&ue/ Al-Haram Al-Sharif,
18.
Takes into considera taioll nthe previous Reinforced Monitoring Reports
and their addenda prepared by the World Heritage Centre as well as
the State of Conservation report submitted to the World Heritage
Centre by the Hashemite Kingdom of Jordan and the State of
Palestine,
19.
E-presse sits growing concern regarding the continuous i,ntrusive
demolition sand illega le-cavation sin and around the Mughrab Gi ate
Ascent, and the latest e-cavation works conducted at the beginning of
May 2015 at the Bura& Pla/a =Western Wall< of Al-A&sa Mos&ue/ Al-
Haram Al-Sharif ,and
calls on Israel, the Occupying Power, to end such
violations ,respec tthe Status Quo, and enable the Jordanian Awa&f
e-perts as a part of the competen tnationa lauthoritie sto maintain and
safeguard the site in accordance with the relevant provisions of the
UNESCO Convention sand Recommendation isn particula rthe Hague
Conventio nfor the Protection of Cultura lProperty in the Event of
Armed Conflict of 1954 and its related protocols;
20.
Commends the Jordanian design for the restoration and preservation
of the Mughrab Ai scent ,submitted to the World Heritage Centre on 27
May 2011, antdh ank sJordan for its cooperatio nin accordanc ewith the
provisions of the relevant UNESCO Conventions for the Protection of
Cultura lHeritage;
21.
Urges Israel, the Occupying Power, to cooperate with Jordanian Aw&af
Departmen ti,n conformity with its obligation sunder the provision sof
the UNESCO related Conventions t,o facilitate access of Jordanian
Aw&af e-perts with their tools and materia lto the site in order to
enable the e-ecution of the Jordanian design of the Ascent to the
Mughrab Gi ate;
22.
Further e-presses its deep concern regarding demolitions of
Ummayad O, ttoman and Mamluk remains at the site of the Mughrabi
Gate Pathway ,and
urges Israel, the Occupying Power, to abide by its
obligations in this regard;
23.
Thanks the Director-Gener afol r her attention to the sensitive situation
of the Ascent to the Mughrab Gi ate and
asks her to take the necessary
measures in order to enable the e-ecution of the Jordanian design of
the Ascent to the Mughrab Gi ate;
III
24.
Recalls the E-ecutive Board decisions concerning the reactive
monitoring mission to the Old City of Jerusalem and its Walls
particularl ydecision 196EX/Decision26 .a4s well as the World Heritage
Committee decisions particularl ydeci3s4io Cn OM 7A.20;
25.
Deeply regrets the continuou sIsrael ifailure to implemen tthe Reactive
Monitoring Mission anudr ge sIsrael ,the Occupying Power ,to accept
and facilitate the implementation of that Mission;
26.
Stresses the need of the urgent implementation of the abovementioned
UNESCO mission and, in case of non-implementation
according to the above mentioned E-ecutive Board decision
196EX/Decision26. 4d,ecides to consider ,in conformity with the
27.
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© UNESCO World Heritage Centre 192902-3
provision sof thCe onventio nConcerning the Protection of the World
Cultura land Natura lHerit aogf e1972, adequate measures to have the
concerned part. implemen tit;
Reques ttshat the report and recommendation osf the mission be
presented to the concerned parties prior to the next 197 EX Board
session;
28.
Thanks the Director-Gener afol r her continuou sefforts to implement
the above-mentione UdNESCO mission and all related UNESCO
decisions and resolutions a, nd invites her to report on this matter at
the next 40th World Heritage Committee session;
IV
29.
Decides to retain te Old City of Jerusalem and its Walls on te List
of World Heritage in Danger$
30.
Documents
WHC-1%,39/CO,19
Decisions adopted by the World Heritage Coittee at its 39th session )Bonn, 201%*
Context of Decson
WHC-1%,39/CO,&/dd
HP EXHIBIT 223
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Executive Board 197 EX/Decisions
*
PARIS, 23 November 2015
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 197th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 8-22 October 2015)*
Hundred and ninety-seventh session
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TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, and report of the Bureau ................................................ 1
2 Approval of the summary records of the 196th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 4
PROGRAMME MATTERS.......................................................................................................14
6 Outcomes of the World Education Forum 2015 .............................................................14
7 UNESCO’s participation in the preparations for a post-2015 development agenda......... 15
8 Preliminary report concerning the preparation of a global convention
on the recognition of higher education qualifications.......................................................16
9 Report on the implementation of the International Decade
for the Rapprochement of Cultures (2013-2022) ............................................................17
10 Reinforcement of UNESCO’s action for the protection of culture
and the promotion of cultural pluralism in the event of armed conflict ............................ 17
11 Re-design of the UNESCO-Aschberg Bursaries for Artists ............................................ 18
12 [Enhancing UNESCO’s Contributions to Promote Culture of Respect] ........................... 19
13 Reports on the implementation of the Information for All
Programme (IFAP) (2014-2015) .....................................................................................19
14 Roadmap for UNESCO’s programme on preventing
and addressing school-related gender-based violence .................................................19
INSTITUTES AND CENTRES ................................................................................................. 20
15 Category 1 institutes and centres ...................................................................................20
16 Category 2 institutes and centres....................................................................................20
PROGRAMMING AND BUDGETING......................................................................................25
17 Draft budget for the biennium 2016-2017 (38 C/5) ..........................................................36
METHODS OF WORK OF THE ORGANIZATION...................................................................37
18 Report by the Executive Board on its activities and programme implementation ............ 37
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MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 37
19 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ...................................................................................................37
20 Implementation of standard-setting instruments..............................................................38
21 Protocol instituting a Conciliation and Good Offices Commission to be responsible
for seeking the settlement of any disputes which may arise between States Parties
to the Convention against Discrimination in Education: ominations and report
of the Committee on Conventions and Recommendations thereon................................. 43
GENERAL CONFERENCE .....................................................................................................44
22 Preparation of the 38th session of the General Conference............................................ 44
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................49
23 Collection of Member States contributions and incentive scheme
for the prompt payment of contributions .........................................................................49
24 Report by the Director-General as at 31 May 2015 on the implementation of the
recommendations of the External Auditor and his comments thereon............................. 50
25 Financial report and audited consolidated financial statements
relating to the accounts of UNESCO for the year ending 31 December 2014,
and report by the External Auditor ..................................................................................50
26 Report by the Director-General, in cooperation with
the Headquarters Committee, on managing the UNESCO complex................................ 51
27 Financial Regulations of Special Accounts and proposed amendments
to Financial Regulations of UNESCO Category 1 Institutes ............................................ 53
28 New audits by the External Auditor ................................................................................54
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS...................................... 55
29 Relations with non-governmental partners .....................................................................55
30 Proposals for the celebration of anniversaries with which UNESCO
could be associated in 2016-2017 and appeals by Member States
concerning their proposals .............................................................................................56
31 Partnership agreement between UNESCO
and the Union for the Mediterranean (UfM) ....................................................................57
GENERAL MATTERS .............................................................................................................57
32 Occupied Palestine.........................................................................................................57
33 Implementation of 37 C/Resolution 67 and 196 EX/Decision 27 concerning
educational and cultural institutions in the occupied Arab territories................................ 62
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ADDITIONAL ITEMS............................................................................................................... 64
34 World Day of Romani Language ..................................................................................... 64
35 International Access to Information Day ........................................................................64
36 African Heritage Day and Celebration of the Tenth Anniversary
of the Establishment of the African World Heritage Fund ................................................ 65
37 Presentation of the Pan-African Forum for a Culture
of Peace in Africa, “Biennale of Luanda” .........................................................................66
38 Establishment of a School of Peace: High-Level Pan-African
Training and Research Centre for the Culture of Peace..................................................67
39 UNESCO’s Support for the Implementation of the Agreement
on Peace and Reconciliation in Mali of 15 May and 20 June 2015 ................................. 68
40 MOST Programme Contributions to the Post-2015 Development Agenda ..................... 69
41 International Day for the defence of the mangrove ecosystem ....................................... 70
42 League of Canaanite, Phoenician and Punic Cities ......................................................71
43 Request for the admission of the Republic of Kosovo to UNESCO ............................. 71
44 Amendments to the Rules of Procedure of the Executive Board .................................. 72
45 Combating climate change/COP 21 –
Contribution by UNESCO and its programmes ............................................................ 72
46 UNESCO’s role in promoting education as a tool to prevent violent extremism ............ 75
47 Establishment of UNESCO Prize for Girls’ and Women’s Education ............................. 77
48 [Promotion by UNESCO of exchanges, contacts and cooperation in the fields
of culture, arts and media free from political pressure and discrimination] ...................... 74
PRIVATE MEETINGS..............................................................................................................78
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board...........................................................78
19 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon ..............................................................................78
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197 EX/Decisions – page 57
(d) that any contribution by the Organization to these celebrations will be financed
under the Participation Programme, in accordance with the rules governing that
Programme.
(197 EX/SR.8)
31 Partnership agreement between UNESCO and the Union for the Mediterranean (UfM)
(197 EX/31; 197 EX/2)
The Executive Board,
1. Having examined document 197 EX/31,
2. Approves the draft partnership agreement contained in annex to document 197 EX/31;
3. Authorizes the Director-General to sign the Partnership Agreement on behalf of
UNESCO.
(197 EX/SR.1)
GENERAL MATTERS
32 Occupied Palestine3 (197 EX/32 and Addenda)
The Executive Board,
1. Having examined documents 197 EX/32 and Add. and Add.2,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional
Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for
the Protection of Cultural Property in the Event of Armed Conflict (1954) and its related
Protocols, the Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property (1970) and the Convention for the
Protection of the World Cultural and Natural Heritage (1972), the inscription of the Old City of
Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981) and on
the List of World Heritage in Danger (1982), and the recommendations, resolutions and
decisions of UNESCO on the protection of cultural heritage, as well as resolutions and
decisions of UNESCO relating to Jerusalem, also recalling previous UNESCO decisions
relating to the reconstruction and development of Gaza as well as UNESCO decisions on the
two Palestinian sites in al-Khalīl/Hebron and in Bethlehem,
3. Affirming that nothing in the present decision, which aims, inter alia, at the safeguarding of
the cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any
3 The Executive Board adopted this decision following a roll-call vote: 26 votes in favour, 6 votes against and
25 abstentions:
In favour: Afghanistan, Algeria, Argentina, Bangladesh, Belize, Brazil, Chad, China, Cuba, Dominican Republic,
Ecuador, Egypt, India, Indonesia, Kuwait, Mali, Mauritius, Morocco, Mexico, Mozambique, Namibia, Nigeria, Pakistan,
Russian Federation, Tunisia, United Arab Emirates,
Against: Czech Republic, Germany, Estonia, Netherlands, United Kingdom of Great Britain and Northern Ireland, United
States of America.
Abstentions: Albania, Angola, Austria, El Salvador, Ethiopia, France, Gabon, Gambia, Guinea, Italy, Japan, Malawi,
Montenegro, Nepal , Papua New Guinea, Republic of Korea, the former Yugoslav Republic of Macedonia, Saint Kitts and
Nevis, Spain, Sweden, Thailand, Togo, Trinidad and Tobago, Uganda, Ukraine.
Absent: Turkmenistan.
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way affect the relevant Security Council and other United Nations resolutions and decisions
on the legal status of Palestine and Jerusalem,
I
A Jerusalem
4. Deeply regrets the Israeli refusal to implement UNESCO previous Decisions concerning
Jerusalem, particularly 185 EX/Decision 14, and notes that its request to the Director-
General to appoint, as soon as possible, a permanent representative to be stationed in East
Jerusalem to report on a regular basis about all the aspects covering the fields of
competence of UNESCO in East Jerusalem, has not been fulfilled, and reiterates its request
to the Director-General to appoint the above-mentioned representative;
5. Deeply deplores the recent repression in East Jerusalem, and the failure of Israel, the
occupying Power, to cease the persistent excavations and works in East Jerusalem,
particularly in and around the Old City, and reiterates its request to Israel, the occupying
Power, to prohibit all such works, in conformity with its obligations under the provisions of the
relevant UNESCO conventions, resolutions and decisions;
6. Thanks the Director-General for her efforts to implement previous UNESCO decisions on
Jerusalem and requests her to maintain and reinvigorate such efforts;
B Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf and its surroundings
1 Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
7. Strongly condemns the Israeli aggressions and illegal measures against the freedom of
worship and Muslims’ access to their holy site Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, and
requests Israel, the occupying Power, to respect the pre-1967 status quo and to immediately
stop these measures;
8. Firmly deplores the continuous storming of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf by Israeli
right-wing extremists and uniformed forces, and urges Israel, the occupying Power, to take
necessary measures to prevent provocative abuses that violate the sanctity and integrity of
Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf;
9. Deeply decries the continuous Israeli targeting of civilians including religious figures, sheikhs,
and priests, decries the large number of arrests and injuries among Muslim worshippers and
Jordanian Awqaf guards in Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf by the Israeli forces, and
also urges Israel, the occupying Power, to end these aggressions and abuses which inflame
the tension on the ground and between faiths;
10. Disapproves of the Israeli restriction of access to Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
during the 2015 Eid Al-Adha and the subsequent violence, and calls on Israel, the occupying
Power, to stop all violations against the Waqf properties;
11. Deeply regrets the refusal of Israel to grant visas to UNESCO experts in charge of the
UNESCO project at the Centre of Islamic Manuscripts in Al-Aqṣà Mosque/al-Ḥaram ash-
Sharīf, and requests Israel to grant visas to UNESCO experts without restrictions;
12. Regrets the damage caused by Israeli forces, especially since 23 August 2015, to the historic
gates and windows of al-Qibli Mosque inside Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, and
reaffirms, in this regard, the obligation of Israel to respect the integrity, authenticity and
cultural heritage of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, as reflected in the pre-1967 status
quo, as a Muslim holy site of worship and as an integral part of a world cultural heritage site;
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13. Expresses its deep concern over the Israeli closure and ban of the renovation of the al-
Raḥma Gate building, one of the Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf gates, and asks
Israel to lift the ban on the Gate and on the necessary restoration works, in order to fix the
damage caused by the weather conditions, especially the water leakage into the historic
rooms of the building, and also calls on Israel, the occupying Power, to stop the obstruction
of the immediate execution of all the 19 Hashemite restoration projects in and around Al-
Aqṣà Mosque/al-Ḥaram ash-Sharīf;
14. Deplores the Israeli decision to approve a plan to build a two-line cable car system in East
Jerusalem and the so-called “Liba House” project in the Old City of Jerusalem, as well as the
construction of the so-called “Kedem Center”, a visitor centre near the southern wall of the
Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, the construction of the Strauss Building and the Buraq
Plaza elevator project, and urges Israel, the occupying Power, to renounce the abovementioned
projects and to stop the construction works in conformity with its obligations under
the relevant UNESCO conventions, resolutions and decisions;
2 Ascent to the Mughrabi Gate in the Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
15. Reaffirms that the Mughrabi Ascent is an integral and inseparable part of the Al-Aqṣà
Mosque/al-Ḥaram ash-Sharīf;
16. Takes note of the 14th Reinforced Monitoring Report and all previous reports, together with
their addenda prepared by the World Heritage Centre, as well as the state of conservation
reports submitted to the World Heritage Centre by Jordan and the State of Palestine;
17. Deprecates the continuing Israeli unilateral measures and decisions regarding the Ascent to
the Mughrabi Gate, including the latest works conducted at the Mughrabi Gate entrance in
February 2015, the instalment of an umbrella at that entrance as well as the enforced
creation of a new Jewish prayer platform south of the Mughrabi Ascent and the removal of
the Islamic remains at the site, and reaffirms that no Israeli unilateral measures shall be
taken in conformity with its status and obligations under the 1954 Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict;
18. Also expresses its deep concern regarding the illegal demolition of Ummayad, Ottoman and
Mamluk remains as well as other intrusive works and excavations in and around the
Mughrabi Gate Pathway, and also requests Israel, the occupying Power, to halt such
demolitions, excavations and works and to abide by its obligations in this regard;
19. Reiterates its thanks to Jordan for its cooperation and also urges Israel, the occupying
Power, to cooperate with the Jordanian Awqaf Department, in conformity with its obligations
under the provisions of the 1954 Hague Convention for the Protection of Cultural Property in
the Event of Armed Conflict, and to facilitate access of Jordanian Awqaf experts with their
tools and material to the site in order to enable the execution of the Jordanian design of the
Ascent to the Mughrabi Gate in accordance with UNESCO and World Heritage Committee
decisions, particularly 37 COM/7A.26, 38 COM/7A.4 and 39 COM/7A.27;
20. Thanks the Director-General for her attention to this sensitive situation, and requests her to
take the necessary measures in order to enable the execution of the Jordanian design of the
Ascent to the Mughrabi Gate;
C UNESCO reactive monitoring mission to the Old City of Jerusalem and its Walls and
UNESCO experts meeting on the Mughrabi Ascent
21. Stresses yet again the urgent need for the implementation of the UNESCO reactive
monitoring mission to the Old City of Jerusalem and its Walls;
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22. Recalls in this regard 196 EX/Decision 26 that decided, in case of non-implementation prior
to the 197th session of the Executive Board, to consider, in conformity with the international
law, other means to ensure its implementation;
23. Notes with deep concern that Israel, the occupying Power, has not complied with any of the
ten Executive Board decisions* or six World Heritage Committee decisions** that request the
implementation of the reactive monitoring mission to the Old City of Jerusalem and its Walls;
24. Regrets the continued Israeli refusal to act in accordance with UNESCO and World Heritage
Committee decisions that request a UNESCO experts meeting on the Mughrabi Ascent and
the dispatch of a reactive monitoring mission to the Old City of Jerusalem and its Walls;
25. Invites the Director-General to take necessary measures to implement the above-mentioned
reactive monitoring mission in accordance with World Heritage Committee decision
34 COM/7A.20, prior to the 198th session of the Executive Board, and invites all concerned
parties to facilitate the implementation of the mission and experts meeting;
26. Requests that the report and recommendations of the reactive monitoring mission as well as
the report of the technical meeting on the Mughrabi Ascent, be presented to the concerned
parties;
27. Thanks the Director-General for her continuous efforts to implement the above-mentioned
UNESCO joint reactive monitoring mission and all related UNESCO decisions and
resolutions;
II
A Reconstruction and development of Gaza
28. Deeply decries the continuous negative impact of the Israeli military confrontations in the
Gaza Strip in all fields of competence of UNESCO;
29. Strongly deplores the continuous Israeli blockade of the Gaza Strip, which harmfully affects
the free and sustained movement of personnel and humanitarian relief items as well as the
intolerable number of casualties among Palestinian children, the attacks on schools and
other educational and cultural facilities and the denial of access to education, and requests
Israel, the occupying Power, to immediately ease this blockade;
30. Reiterates its request to the Director-General to upgrade, as soon as possible, the UNESCO
Antenna in Gaza in order to ensure the prompt reconstruction of schools, universities,
cultural heritage sites, cultural institutions, media centres and places of worship that have
been destroyed or damaged by the consecutive Israeli wars on Gaza;
31. Thanks the Director-General for the information meeting held last March on the current
situation in Gaza in the fields of competence of UNESCO and on the outcome of the projects
conducted by UNESCO in the Gaza Strip-Palestine, and invites her to organize another
information meeting on the same matter;
32. Also thanks the Director-General for initiatives that have already been implemented in Gaza
in the fields of education, culture and youth and for the safety of media professionals, and
calls upon her to continue her active involvement in the reconstruction of Gaza’s damaged
educational and cultural components;
* Executive Board decisions: 185 EX/Decision 14, 186 EX/Decision 11, 187 EX/Decision 11, 189 EX/Decision 8,
190 EX/Decision 13, 191 EX/Decision 9, 192 EX/Decision 11, 194 EX/Decision 11, 195 EX/Decision 9 and
196 EX/Decision 26.
** World Heritage Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26,
38COM/7A.4 and 39 COM/7A.27.
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B The two Palestinian sites of Al-Ḥaram Al Ibrāhīmī/Tomb of the Patriarchs in
Al-Khalīl/Hebron and the Bilāl Ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem
33. Reaffirms that the two concerned sites located in Al-Khalīl/Hebron and in Bethlehem are an
integral part of Palestine;
34. Disapproves of the ongoing Israeli illegal excavations, works, construction of private roads
for settlers and a separation wall inside the Old City of Al-Khalīl/Hebron, that harmfully affect
the integrity of the site, and the subsequent denial of freedom of movement and freedom of
access to places of worship, and urges Israel, the occupying Power, to end these violations
in compliance with provisions of relevant UNESCO conventions, resolutions and decisions;
35. Deeply deplores the constant aggressions by the Israeli settlers and other extremist groups
against Palestinian residents including schoolchildren, and asks Israel, the occupying Power,
to prevent such aggressions;
36. Deeply regrets the Israeli refusal to comply with 185 EX/Decision 15 which requested the
Israeli authorities to remove the two Palestinian sites from its national heritage list and calls
on Israel, the occupying Power, to act in accordance with that decision;
III
37. Decides to include an item entitled “Occupied Palestine” in the agenda at its 199th session,
and invites the Director-General to submit to it a progress report thereon.
(197 EX/SR.6)
33 Implementation of 37 C/Resolution 67 and 196 EX/Decision 27 concerning educational
and cultural institutions in the occupied Arab territories4 (197 EX/33; 197 EX/53)
I
OCCUPIED PALESTINE
The Executive Board,
1. Recalling 37 C/Resolution 67 and 185 EX/Decision 36 as well as Article 26 of the
Universal Declaration of Human Rights with regard to the right to education, Articles 4
and 94 of the Fourth Geneva Convention with regard to the denial of the right of
children to education, as well as the Hague Convention (1954) and its Protocols and
the Convention for the Protection of the World Cultural and Natural Heritage (1972),
4 The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations
Commission (PX) following a roll-call vote: 40 votes in favour, 1 vote against and 11 abstentions:
In favour: Albania, Algeria, Argentina, Austria, Bangladesh, Belize, Brazil, China, Cuba, Czech Republic, Dominican
Republic, Ecuador, Egypt, Estonia, France, Gabon, Germany, Guinea, India, Indonesia, Italy, Japan, Kuwait, Mali,
Mauritius, Morocco, Mexico, Montenegro, Namibia, Nepal, Netherlands, Nigeria, Russian Federation, Spain, Sweden,
the former Yugoslav Republic of Macedonia, Togo, Tunisia, United Arab Emirates, United Kingdom of Great Britain and
Northern Ireland.
Against: United States of America.
Abstentions: El Salvador, Ethiopia, Gambia, Malawi, Papua New Guinea, Republic of Korea, Saint Kitts and Nevis,
Thailand, Trinidad and Tobago, Uganda, Ukraine.
Absent: Afghanistan, Angola, Chad, Mozambique, Pakistan, Turkmenistan.
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Executive Board 199 EX/Decisions
*
PARIS, 16 May 2016
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 199th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 4-15 April 2016)*
Hundred and ninety-ninth session
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TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, report of the Bureau and election of the Chairperson
of the Committee on Conventions and Recommendations (CR) ..................................... 1
2 Approval of the summary records of the 197th and 198th sessions ................................ 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 2
4 Execution of the programme adopted by the General Conference.................................. 2
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 5
PROGRAMME MATTERS....................................................................................................... 16
6 Draft Strategy for technical and vocational education
and training (TVET) (2016-2021) ................................................................................... 16
7 Comprehensive strategy for the Management
of Social Transformations (MOST) Programme ............................................................ 17
8 UNESCO Prizes ............................................................................................................ 18
INSTITUTES AND CENTRES ................................................................................................. 20
9 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute ....................................................................................... 20
10 Renewal and review of category 2 institutes and centres ............................................... 21
METHODS OF WORK OF THE ORGANIZATION...................................................................23
11 Biennial report on the comprehensive partnership strategy ............................................ 23
12 Governance, procedures and working methods
of the governing bodies of UNESCO .............................................................................. 23
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 24
13 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ...................................................................................................24
14 Implementation of standard-setting instruments ............................................................24
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................ 27
15 New audits by the External Auditor ................................................................................ 27
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16 Annual report of the Internal Oversight Service (IOS) ....................................................29
17 UNESCO security and safety action plan ......................................................................29
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 30
18 [Draft Framework Agreement for Cooperation between UNESCO
and the Commonwealth Secretariat] .............................................................................. 30
GENERAL MATTERS .............................................................................................................30
19 Occupied Palestine......................................................................................................... 30
20 Implementation of 38 C/Resolution 72 and 197 EX/Decision 33 concerning
educational and cultural institutions in the occupied Arab territories................................ 35
21 Invitation to the sixth International Conference of Ministers and Senior Officials
Responsible for Physical Education and Sport (MINEPS VI) .......................................... 37
22 Enhancing UNESCO’s contributions to promote
a culture of mutual respect and tolerance ..................................................................... 38
23 Dates of the 200th session of the Executive Board
and provisional list of matters to be examined................................................................. 38
ADDITIONAL ITEMS...............................................................................................................39
24 Next steps regarding international collaboration
on open educational resources (OER) ..........................................................................39
25 Report on progress on the renewal and revision of the Operational Agreement between
UNESCO and the Government of the Netherlands concerning the UNESCO-IHE
Institute for Water Education and revision of the Statutes of the Institute ..................... 40
26 UNESCO’s role in encouraging girls and women to be leaders in
the science, technology, engineering, art/design, and mathematics fields ..................... 40
27 [Memory of the World Programme: exploring means for further improvement] ............... 43
28 UNESCO’s Role in safeguarding and preserving
Palmyra and other Syrian world heritage sites ............................................................... 43
29 Memory of the World Programme: exploring means for further improvement ................. 44
PRIVATE MEETING................................................................................................................ 45
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 45
13 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon .............................................................................. 45
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recalling previous UNESCO decisions relating to the reconstruction and development
of Gaza as well as UNESCO decisions on the two Palestinian sites in al-Khalīl/Hebron
and in Bethlehem,
3. Affirming that nothing in the present decision, which aims, inter alia, at the
safeguarding of the cultural heritage of Palestine and the distinctive character of East
Jerusalem, shall in any way affect the relevant Security Council and United Nations
resolutions and decisions on the legal status of Palestine and Jerusalem,
19.I
19.I.A Jerusalem
4. Deeply regrets the Israeli refusal to implement UNESCO previous decisions concerning
Jerusalem, particularly 185 EX/Decision 14, notes that its request to the Director-
General to appoint, as soon as possible, a permanent representative to be stationed in
East Jerusalem to report on a regular basis about all the aspects covering the fields of
competence of UNESCO in East Jerusalem, has not been fulfilled, and reiterates its
request to the Director-General to appoint the above-mentioned representative;
5. Deeply deplores the failure of Israel, the occupying Power, to cease the persistent
excavations and works in East Jerusalem particularly in and around the Old City, and
reiterates its request to Israel, the occupying Power, to prohibit all such works in
conformity with its obligations under the provisions of the relevant UNESCO
conventions, resolutions and decisions;
6. Thanks the Director-General for her efforts to implement previous UNESCO decisions
on Jerusalem and requests her to maintain and reinvigorate such efforts;
19.I.B Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf and its surroundings
19.I.B.1 Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
7. Calls on Israel, the occupying Power, to allow for the restoration of the historic status
quo that prevailed until September 2000, under which the Jordanian Awqaf (Religious
Foundation) Department exercised exclusive authority on Al-Aqṣà Mosque/al-Ḥaram
ash-Sharīf, and its mandate extended to all affairs relating to the unimpeded
administration of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, including maintenance,
restoration, and regulating access;
8. Strongly condemns the Israeli aggressions and illegal measures against the freedom of
worship and Muslims’ access to their holy site Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf,
and requests Israel, the occupying Power, to respect the historic status quo and to
immediately stop these measures;
9. Firmly deplores the continuous storming of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf by
Israeli right-wing extremists and uniformed forces, and urges Israel, the occupying
Power, to take necessary measures to prevent provocative abuses that violate the
sanctity and integrity of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf;
10. Deeply decries the continuous Israeli aggressions against civilians including sheikhs,
and priests, decries the large number of arrests and injuries among Muslim
worshippers and Jordanian Awqaf guards in Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf by
the Israeli forces, and urges Israel, the occupying Power, to end these aggressions and
abuses which inflame the tension on the ground and between faiths;
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11. Disapproves of the Israeli restriction of access to Al-Aqṣà Mosque/al-Ḥaram ash-
Sharīfduring the 2015 Eid Al-Adha and the subsequent violence, and calls on Israel,
the occupying Power, to stop all violations against Al-Aqṣà Mosque/al-Ḥaram ash-
Sharīf;
12. Deeply regrets the refusal of Israel to grant visas to UNESCO experts in charge of the
UNESCO project at the Centre of Islamic Manuscripts in Al-Aqṣà Mosque/al-Ḥaram
ash-Sharīf, and requests Israel to grant visas to UNESCO experts without restrictions;
13. Regrets the damage caused by the Israeli forces, especially since 23 August 2015, to
the historic gates and windows of the al-Qibli Mosque inside Al-Aqṣà Mosque/al-Ḥaram
ash-Sharīf, and reaffirms, in this regard, the obligation of Israel to respect the integrity,
authenticity and cultural heritage of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, as reflected
in the historic status quo, as a Muslim holy site of worship and as an integral part of a
world cultural heritage site;
14. Calls on Israel, the occupying Power, to stop violations against the Waqf properties
east and south of Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, such as the recent
confiscations of parts of al-Youssefeyah cemetery and al-Sawanah area by banning
Muslims from burying their dead in some spaces and by planting Jewish fake graves in
other spaces of the Muslim cemeteries, in addition to the dramatic change of the status
and distinctive character of the Umayyad Palaces, in particular the violation of the
continued conversion of many Islamic and Byzantine remains into the so-called Jewish
ritual baths or into Jewish prayer places;
15. Expresses its deep concern over the Israeli closure and ban of the renovation of the al-
Rahma Gate building, one of the Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf gates, and
urges Israel, the occupying Power, to reopen the Gate, and stop obstruction of the
necessary restoration works, in order to repair the damage caused by the weather
conditions, especially the water leakage into the rooms of the building;
16. Also calls on Israel, the occupying Power, to stop the obstruction of the immediate
execution of all the 18 Hashemite restoration projects in and around Al-Aqṣà
Mosque/al-Ḥaram ash-Sharīf;
17. Deplores the Israeli decision to approve a plan to build a two-line cable car system in
East Jerusalem and the so-called “Liba House” project in the Old City of Jerusalem as
well as the construction of the so-called “Kedem Center”, a visitor centre near the
southern wall of the Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf, the construction of the
Strauss Building and the elevator project in Al-Buraq Plaza “Western Wall Plaza” and
urges Israel, the occupying Power, to renounce the above-mentioned projects and to
stop the construction works in conformity with its obligations under the relevant
UNESCO conventions, resolutions and decisions;
19.I.B.2 Ascent to the Mughrabi Gate in Al-Aqṣà Mosque/al-Ḥaram ash-Sharīf
18. Reaffirms that the Mughrabi Ascent is an integral and inseparable part of Al-Aqṣà
Mosque/al-Ḥaram ash-Sharīf;
19. Takes note of the 15th Reinforced Monitoring Report and all previous reports, together
with their addenda prepared by the World Heritage Centre, as well as the state of
conservation reports submitted to the World Heritage Centre by Jordan and the State
of Palestine;
20. Deprecates the continuing Israeli unilateral measures and decisions regarding the
Ascent to the Mughrabi Gate, including the latest works conducted at the Mughrabi
Gate entrance in February 2015, the instalment of an umbrella at that entrance as well
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as the enforced creation of a new Jewish prayer platform south of the Mughrabi Ascent
in Al-Buraq Plaza "Western Wall Plaza", and the removal of the Islamic remains at the
site, and reaffirms that no Israeli unilateral measures shall be taken in conformity with
its status and obligations under the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict;
21. Also expresses its deep concern regarding the illegal demolitions of Ummayyad,
Ottoman and Mamluk remains as well as other intrusive works and excavations in and
around the Mughrabi Gate Pathway, and also requests Israel, the occupying Power, to
halt such demolitions, excavations and works and to abide by its obligations under the
provisions of the UNESCO conventions mentioned in paragraph 2 above;
22. Reiterates its thanks to Jordan for its cooperation and urges Israel, the occupying
Power, to cooperate with the Jordanian Awqaf Department, in conformity with its
obligations under the provisions of the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict, and to facilitate access of Jordanian
Awqaf experts with their tools and material to the site in order to enable the execution
of the Jordanian design of the Ascent to the Mughrabi Gate in accordance with
UNESCO and World Heritage Committee decisions, particularly 37 COM/7A.26,
38 COM/7A.4 and 39 COM/7A.27;
23. Thanks the Director-General for her attention to this sensitive situation, and requests
her to take the necessary measures in order to enable the execution of the Jordanian
design of the Ascent to the Mughrabi Gate;
19.I.C UNESCO reactive monitoring mission to the Old City of Jerusalem and its Walls
and UNESCO experts meeting on the Mughrabi Ascent
24. Stresses yet again the urgent need for the implementation of the UNESCO reactive
monitoring mission to the Old City of Jerusalem and its Walls;
25. Recalls in this regard 196 EX/Decision 26 that decided, in case of non-implementation,
to consider, in conformity with international law, other means to ensure its
implementation;
26. Notes with deep concern that Israel, the occupying Power, has not complied with any
of the 11 decisions of the Executive Board* or six World Heritage Committee
decisions** that request the implementation of the reactive monitoring mission to the
Old City of Jerusalem and its Walls;
27. Regrets the continued Israeli refusal to act in accordance with UNESCO and World
Heritage Committee decisions that request a UNESCO experts meeting on the
Mughrabi Ascent and the dispatch of a reactive monitoring mission to the Old City of
Jerusalem and its Walls;
28. Invites the Director-General to take necessary measures to implement the abovementioned
reactive monitoring mission in accordance with World Heritage Committee
decision 34 COM/7A.20, prior to the next session of the Executive Board, and invites
all concerned parties to facilitate the implementation of the mission and experts
meeting;
* The 11 Executive Board decisions: 185 EX/Decision 14, 186 EX/Decision 11, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 191 EX/Decision 9, 192 EX/Decision 11, 194 EX/Decision 11,
195 EX/Decision9, 196EX/Decision26, 197 EX/Decision 32.
** The six World Heritage Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26,
38COM/7A.4, 39 COM/7A.27.
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29. Requests that the report and recommendations of the reactive monitoring mission as
well as the report of the technical meeting on the Mughrabi Ascent, be presented to the
concerned parties;
30. Thanks the Director-General for her continuous efforts to implement the abovementioned
UNESCO joint reactive monitoring mission and all related UNESCO
decisions and resolutions;
19.II Reconstruction and development of Gaza
31. Deplores the military confrontations in and around the Gaza Strip and the civilian
casualties caused, including the killing and injury of thousands of Palestinian civilians,
including children, as well as the continuous negative impact in the fields of
competence of UNESCO, the attacks on schools and other educational and cultural
facilities, including breaches of the inviolability of United Nations Relief and Works
Agency for Palestine Refugees in the Near East (UNRWA) schools;
32. Strongly deplores the continuous Israeli blockade of the Gaza Strip, which harmfully
affects the free and sustained movement of personnel and humanitarian relief items as
well as the intolerable number of casualties among Palestinian children, the attacks on
schools and other educational and cultural facilities and the denial of access to
education, and requests Israel, the occupying Power, to immediately ease this
blockade;
33. Reiterates its request to the Director-General to upgrade, as soon as possible, the
UNESCO Antenna in Gaza in order to ensure the prompt reconstruction of schools,
universities, cultural heritage sites, cultural institutions, media centres and places of
worship that have been destroyed or damaged by the consecutive wars on Gaza;
34. Thanks the Director-General for the information meeting held in March 2015 on the
current situation in Gaza in the fields of competence of UNESCO and on the outcome
of the projects conducted by UNESCO in the Gaza Strip-Palestine, and invites her to
organize another information meeting on the same matter;
35. Also thanks the Director-General for initiatives that have already been implemented in
Gaza in the fields of education, culture and youth and for the safety of media
professionals, and calls upon her to continue her active involvement in the
reconstruction of Gaza’s damaged educational and cultural components;
19.III The two Palestinian sites of Al-Ḥaram Al Ibrāhīmī/Tomb of the Patriarchs in al-
Khalīl/Hebron and the Bilāl Ibn Rabāḥ Mosque/Rachel’s Tomb in Bethlehem
36. Reaffirms that the two concerned sites located in al-Khalīl/Hebron and in Bethlehem
are an integral part of Palestine;
37. Disapproves of the ongoing Israeli illegal excavations, works, construction of private
roads for settlers and a separation wall inside the Old City of al-Khalīl/Hebron, that
harmfully affect the integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship, and urges Israel, the occupying
Power, to end these violations in compliance with provisions of relevant UNESCO
conventions, resolutions and decisions;
38. Deeply deplores the new cycle of violence, since October 2015, in the context of the
constant aggressions by the Israeli settlers and other extremist groups against
Palestinian residents, including schoolchildren, and asks the Israeli authorities to
prevent such aggressions;
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39. Deeply regrets the Israeli refusal to comply with 185 EX/Decision 15, which requested
the Israeli authorities to remove the two Palestinian sites from its national heritage list
and calls on the Israeli authorities to act in accordance with that decision;
19.IV
40. Decides to include these matters under an item entitled “Occupied Palestine” in the
agenda at its 200th session, and invites the Director-General to submit to it a progress
report thereon.
(199 EX/SR.7)
20 Implementation of 38 C/Resolution 72 and 197 EX/Decision 33 concerning educational
and cultural institutions in the occupied Arab territories3 (199 EX/20; 199 EX/33)
20.I OCCUPIED PALESTINE
The Executive Board,
1. Recalling 185 EX/Decision 36 and 38 C/Resolution 72 as well as Article 26 of the
Universal Declaration of Human Rights with regard to the right to education,
Articles 24, 50 and 94 of the Fourth Geneva Convention with regard to the denial of the
right of children to education, as well as the Hague Convention (1954) and its Protocols
and the Convention for the Protection of the World Cultural and Natural Heritage
(1972),
2. Also recalling the International Court of Justice’s Advisory Opinion of 9 July 2004 on
the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory”,
3. Having examined document 199 EX/20,
4. Committed to the safeguarding of monuments, works of art, manuscripts, books and
other historical and cultural properties to be protected in the event of conflict, as well as
the safeguarding of schools and all educational facilities,
5. Deplores the damaging impact of the military confrontations in and around the Gaza
Strip in the fields of competence of UNESCO where several hundreds of educational
and cultural facilities have been destroyed or damaged, affecting more than 500,000
schoolchildren and students as reflected in United Nations Office for the Coordination
of Humanitarian Affairs (OCHA), United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA) and UNESCO reports, as well as the severe
damage inflicted on cultural heritage sites and cultural institutions, and also deplores
breaches of the inviolability of UNRWA schools;
3 The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations
Commission (PX) following a roll-call vote: 45 votes in favour, 1 vote against and 11 abstentions:
In favour: Albania, Algeria, Argentina, Bangladesh, Brazil, Chad, China, Dominican Republic, Egypt, El Salvador,
Estonia, France, Germany, Greece, Guinea, India, Iran (Islamic Republic of), Italy, Japan, Lebanon, Lithuania, Malaysia,
Mauritius, Morocco, Mexico, Mozambique, Nepal, Netherlands, Nicaragua, Nigeria, Oman, Pakistan, Qatar, Republic of
Korea, Russian Federation, Senegal, Slovenia, Sudan, South Africa, Spain, Sri Lanka, Sweden, Togo, United Kingdom
of Great Britain and Northern Ireland, Viet Nam.
Against: United States of America.
Abstentions: Cameroon, Côte d’Ivoire, Ghana, Haiti, Kenya, Paraguay, Saint Kitts and Nevis, Serbia, Trinidad and
Tobago, Uganda, Ukraine.
Absent: Turkmenistan.
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https://whc.unesco.org/en/decisions/6818/
World Heritage Convention
Resolutions / Decisions
40 CO 7A.13
Decision
Search resolutions / decisions
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Decision 40 COM 7A.13
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
The World Heritage Committee,
1. Having examin eDdocumen tWHCA16/40.COM/7A.Add2,
Recallin tghe relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions <1848=, the Hague Convention
for the Protection of Cultura lProperty in the Event of Armed Conflic tof
1854 and its related protocols ,the Conventio non the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultura lProperty <1870=, the Conventio nfor the
Protection of the World Cultura land Natura lHeritage of 1872, the Delhi
UNESCO Recommendatio onf 1856 concerning excavation sundertaken
in occupied territories t,he inscription of the Old City of Jerusalem and
its Walls at the re&uest of Jordan on the World Heritage List <1871= and
on the List of World Heritage in Danger <1872= and related
recommendation sre, solution sand decisions of UNESCO,
2.
Reaffirmin tghat nothing in the presen tdecision ,which aims at the
safeguardin gof the authenticity i,ntegrity and cultura lheritage of the
Old City of Jerusalem on both sides of its Walls, shall in any way affect
the relevan tUnited Nations resolution sand decisions ,in particula rthe
relevan tSecurity Counci lresolution son the lega lstatus of Jerusalem,
I
3.
Deeply concerned by the Israel iillega larcheologica el xcavation sand
works conducted by the Israeli occupation authorities and settler
groups in the Old City of Jerusalem and on both sides of its Walls and
the failure of Israelt o cease such harmfu linterventions ,
re&uests Israel
to timely stop all such activities ,in conformity with its obligations
under the provisions of related UNESCO Conventions and
recommendationsI
4.
Regrets the damage caused by the Israeli security forces on 30th
October 2014 to the historic Gates and windows of the Qibli Mos&ue
inside Al@A&sa Mos&ue /Al@Haram Al@Sharif ,which is a Muslim holy site
of worship and an integra lpart of a World Heritage SiteI
5.
Calls on Israelt o stop the closure of Al@Rahmah Gate building ,one of
Al@A&sa Mos&ue / Al@Haram Al@Shari fgates ,and to a alll lnoewcessary
renovation works thereof ,in order to fix damage caused by the
weather conditionsI
6.
Decision Code
40 COM 7A.13
Themes
Conservation L/ ist of World Heritage in
Danger
Properties
1
Old Cit! of Jerusalem and its Walls
Session
40th session of the World Heritage
Committee *40.CO+
Year
2016
State of conservation reports
2016 Old Cit! of Jerusalem and its Walls
Prev.
Next
World Heritage Convention
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https://whc.unesco.org/en/decisions/6818/
Also calls on Israel to facilitate the immediate execution of all 19
Hashemite restoration projects in and around Al@Aqsa Mosque/Al
Haram Al@Sharif;
7.
Deplores the damaging effect of the Jerusalem Light rail (tram line) at
few meters from the Walls of the Old City of Jerusalem which severely
affect the visual integrity and the authentic character of the site and
requests Israel to restore the origina lcharacte rof the site in conformity
with its obligations under the provisions of related UNESCO
Conventions and recommendations;
8.
Also deplore tshe Israel iplan to build a two@line cable car system in
East Jerusalem t,he constructio nof the so called “Liba HouseE project
in the Old City of Jerusalem t,he demolition an dc noenwstructio nof
the so@called Strauss Building ,and the project of the Western Wall
elevator ,the digging of a Mamlu structure beneath the Western Wall,
the excavation sand constructio nof nleevwels underneat hthe
Western Wall, and
urges Israel to renounce to the above mentioned
projects in conformity with its obligations under the provisions of
related UNESCO Convention sand recommendation ass well as
UNESCO Decisions particularly the World Heritage Committee decision
37 COM 7A.26, 3" COM 7Aa.n d 3# COM 7A.27 and to provide the
World Heritage Centre with all related documentation in particular the
documentation concerning the historic remains found at the above
mentioned projects;
9.
Expresse sits deep conc ererngarding the initially approved plan for the
so called “edem CenterE a visitors centre near the southern wall of Al@
Aqsa Mosque/Al@Hara mAl@Sharif ,which severally affects the visual
integrity and the authentic character of the site and
requests Israel to
return the remains and to provide the relevant documentation thereof
as well as to restore the origina lcharacte rof the site;
10.
Reques ttshe Israel iauthoritie sto al luonwrestricte daccess of the
competen tnationa lauthoritie sincluding the Jordanian Waqf experts to
safeguard the Old City of Jerusalem and both sides of its Walls;
11.
Welcome sthe relative improvemen ot f Muslim worshippers aC ccess into
Al@Aqsa Mosque /Al@Haram Al@Shari fover the past seven months ,and
encourage sIsraelt o continue to implemen tand further expand
measures to preven tprovocativ eincidents ,such as Israel iextremist
groups ’storming of Al@Aqsa Mosque / Al Haram Al Sharif ,that violate
the sanctity and integrity of the Al@Aqsa Mosque/ Al@Haram Al@Sharif
that may inflame tension on the ground;
12.
Further regrets the damage by Israel, of the historic ceramics atop of
the main gates of the Dome of the Roc and the damage of the historic
gates and windows of the Qibli Mosque inside Al@Aqsa Mosque/Al@
Haram Al@Shari fas well as the damage of Umayyad ,Ottoman and
Mamlu remains of the site of Mughrab Gi ate Pathway and
reaffirms, in
this regard, the necessity to respect and safeguard the integrity,
authenticit yand cultura lheritage of Al@Aqsa Mosque /Al@Haram Al@
Sharif, as reflected in the Status Quo, as a Muslim Holy Site of worship
and as an integra lpart of a World Cultura lHeritage site;
12.
Reques ttshe World Heritage Centre to continue applying the
Reinforced Monitoring Mechanism to the Old City of Jerusalem on both
sides of its Walls, and
also requests it to report every four months on
this matter;
14.
Also than s the Director@Gener aolf UNESCO and the World Heritage
Centre for their efforts aimed at the Safeguarding of the Cultural
Heritage of the Old City of Jerusalem on both sides of its walls and
invites them to report on this matter at the 41st session of the World
Heritage Committee in 2017;
II
14.
Recallin 1g75 E/Specia Pl lenary Meeting Decision ,and all UNESCO
Executive Board Decisions relating to the Ascent to the Mughrab Gi ate
15.
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in the Old City of Jerusalem,
Taking note of the Reinforced Monitoring Reports and their addenda
prepared by the World Heritage Centre as well as the State of
Conservation reports submitted to the World Heritage Centre by
Jordan and Palestine and by Israel, the de facto administrating
authority,
17.
Expresses its growing concern regarding the continuous i,ntrusive
archeologica dl emolition sand excavation sin and around the Mughrabi
Gate Ascent, and the latest excavation works conducted at the
beginning of May 2015 at the Western Wall of Al@A&sa Mos&ue? Al@
Haram Al@Sharif ,and
calls on Israel to stop such intrusive archeological
demolition sand excavations r,espec tthe Status Quo, and enable the
Jordanian Wa&f experts as a part of the competen tauthoritie sto
maintain and safeguard the site in accordance with the relevant
provisions of the UNESCO Conventions and Recommendations;
17.
Acknowledge sreceipt of the Jordanian design for the restoration and
preservatio nof the Mughrab Ai scent ,submitted to the World Heritage
Centre on 27 May 2011, and
thanks Jordan for its cooperation in
accordance with the provisions of the relevant UNESCO Conventions
for the Protection of Cultura lHeritage;
18.
Urges Israel, in conformity with its obligations under the provisions of
the UNESCO related Conventions t,o cooperate with Jordanian Wa&f
Departmen tand experts to facilitate the restoration of the Ascent to
the Mughrab Gi ate;
20.
Thanks the Director@Gener afol r her attention to the sensitive situation
of the Ascent to the Mughrab Gi ate as an integra lpart of Al@A&sa
Mos&ue? Al@Haram Al@Sharif and calls upon her to consult with all
concerned parties in order to enable the restoration works of the
Ascent to the Mughrab Gi ate;
III
21.
Recalls the Executive Board decisions concerning the Reactive
Monitoring mission to the Old City of Jerusalem and its Walls
particularl ydecision 185E?Decision25 .a4s well as the World Heritage
Committee decisions particularly Decision 34 COM 7A.20;
22.
Stresses the need of the urgent implementation of the above
mentioned UNESCO Mission;
22.
Urges Israel, to accept and facilitate the implementation of that
technica lexpert Mission;
24.
Thanks the Director@Gener afol r her continuou sefforts to implement
the above@mentione UdNESCO mission and all related UNESCO
decisions and resolutions a, nd
invites her to report on this matter at
the next 41st World Heritage Committee session;
I
25.
Decides to retain te Old Cit of Jerusalem and its Walls on te List
of World Heritage in Danger.
25.
Documents
WHC/16/40.COM/19
Report of the Decisions adopted during the 40th session of the World Heritage Committee
*Istanbul/UNESCO 2,016+
Context of Decson
WHC.16/40.COM/7A.Add.2
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Executive Board 200 EX/Decisions
*
PARIS, 18 November 2016
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 200th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 4-18 October 2016)*
Two hundredth session
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TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, and election of the Chairperson
of the Committee on Non-Governmental Partners (NGP) ............................................... 1
2 Approval of the summary records of the 199th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 3
PROGRAMME MATTERS....................................................................................................... 13
6 United Nations University: Report by the Council of the University
and the Director-General’s comments thereon .............................................................. 13
7 Global coordination of and support for the implementation of SDG-4-Education 2030 . 14
8 Action plan for the implementation of the Strategy for Technical
and Vocational Education and Training (TVET) (2016-2021) ........................................ 15
9 UNESCO’s role in promoting education as a tool to prevent violent extremism ............. 16
10 Renewal of the UNESCO/Guillermo Cano World Press Freedom Prize ......................... 17
INSTITUTES AND CENTRES ................................................................................................. 17
11 [UNESCO-IHE Institute for Water Education] ................................................................17
12 Renewals of category 2 institutes and centres ..............................................................17
PROGRAMME AND BUDGETING..........................................................................................19
13 Preliminary proposals by the Director-General concerning
the Draft Programme and Budget for 2018-2021 (39 C/5) ............................................ 19
METHODS OF WORK OF THE ORGANIZATION...................................................................23
14 Consideration of the procedure to be followed for the nomination
of the Director-General of the Organization .................................................................. 23
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 24
15 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ................................................................................................... 24
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16 Implementation of standard-setting instruments ............................................................ 24
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................ 25
17 Actual position concerning all payment plans agreed upon between
UNESCO and Member States in arrears with their contributions ................................... 25
18 Financial report and audited consolidated financial statements relating
to the accounts of UNESCO for the year ending 31 December 2015,
and report by the External Auditor ................................................................................. 26
19 Financial Regulations of Special Accounts ................................................................... 26
20 New audits by the External Auditor ................................................................................ 27
21 Revision of the Terms of Reference of the Oversight Advisory Committee (OAC) ......... 28
22 Report by the Director-General, in cooperation with the Headquarters Committee,
on managing the UNESCO complex ..............................................................................29
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 30
23 Relations with non-governmental partners ..................................................................... 30
GENERAL MATTERS .............................................................................................................31
24 Dates of the 201st session and provisional list of matters to be examined ..................... 31
25 Occupied Palestine ...................................................................................................... 32
26 Implementation of 38 C/Resolution 72 and 199 EX/Decision 20 concerning
educational and cultural institutions in the occupied Arab territories ............................... 37
ADDITIONAL ITEMS...............................................................................................................39
27 Proposal for the proclamation of an international day of light ....................................... 39
28 Education for refugees ................................................................................................39
29 From COP 21 to COP 22: UNESCO’s contribution and perspective
in the fight against climate change ............................................................................... 41
30 Contribution of the International Hydrological Programme (IHP) to the preparation
of and follow-up to the 22nd Conference of Parties (COP 22) to the United Nations
Framework Convention on Climate Change (UNFCCC) ................................................ 43
31 [Support for the establishment of a transboundary biosphere reserve
between Haiti and the Dominican Republic, and a national botanical
garden in Haiti with a view to preserving the island’s natural heritage] .......................... 44
32 UNESCO’S role in the promotion of linkages between technical and vocational
education and training (TVET) and higher education qualifications ............................... 44
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PRIVATE MEETINGS.............................................................................................................. 46
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 46
15 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon .............................................................................. 46
Annex ......................................................................................................................................47
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200 EX/Decisions – page 32
25 Occupied Palestine3 (200 EX/25; 200 EX/36)
The Executive Board,
1. Having examined document 200 EX/25,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional
Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague
Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)
and its Protocols, the Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property (1970) and the
Convention for the Protection of the World Cultural and Natural Heritage (1972), the
inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the
World Heritage List (1981) and on the List of World Heritage in Danger (1982), and the
recommendations, resolutions and decisions of UNESCO on the protection of cultural
heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development
of Gaza as well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron
and in Bethlehem,
3. Affirming the importance of the Old City of Jerusalem and its Walls for the three
monotheistic religions, also affirming that nothing in the current decision, which aims,
inter alia, at the safeguarding of the cultural heritage of Palestine and the distinctive
character of East Jerusalem, shall in any way affect the relevant Security Council and
United Nations resolutions and decisions on the legal status of Palestine and
Jerusalem,
25.I Jerusalem
4. Deeply regrets the Israeli refusal to implement previous UNESCO decisions concerning
Jerusalem, particularly 185 EX/Decision 14, notes that its request to the Director-
General to appoint, as soon as possible, a permanent representative to be stationed in
East Jerusalem to report on a regular basis about all the aspects covering the fields of
competence of UNESCO in East Jerusalem, has not been fulfilled, and reiterates its
request to the Director-General to appoint the above-mentioned representative;
5. Deeply deplores the failure of Israel, the occupying Power, to cease the persistent
excavations and works in East Jerusalem particularly in and around the Old City, and
reiterates its request to Israel, the occupying Power, to prohibit all such works in
conformity with its obligations under the provisions of the relevant UNESCO
conventions, resolutions and decisions;
3 The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations
Commission (PX) following a roll-call vote: 24 votes in favour, 6 votes against and 26 abstentions:
In favour: Algeria, Bangladesh, Brazil, Chad, China, Dominican Republic, Egypt, Iran (Islamic Republic of), Lebanon,
Malaysia, Mauritius, Morocco, Mexico, Mozambique, Nicaragua, Nigeria, Oman, Pakistan, Qatar, Russian
Federation, Senegal, Sudan, South Africa, Viet Nam.
Against: Estonia, Germany, Lithuania, Netherlands, United Kingdom of Great Britain and Northern Ireland, United
States of America.
Abstentions: Albania, Argentina, Cameroon, Côte d’Ivoire, El Salvador, France, Ghana, Greece, Guinea, Haiti,
India, Italy, Japan, Kenya, Nepal, Paraguay, Republic of Korea, Saint Kitts and Nevis, Slovenia, Spain, Sri Lanka,
Sweden, Togo, Trinidad and Tobago, Uganda, Ukraine.
Absent: Serbia, Turkmenistan.
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6. Thanks the Director-General for her efforts to implement previous UNESCO decisions
on Jerusalem and requests her to maintain and reinvigorate such efforts;
25.I.A Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif and its surroundings
25.I.A.1 Al Aqṣa Mosque/Al-Ḥaram Al-Sharif
7. Calls on Israel, the occupying Power, to allow for the restoration of the historic status
quo that prevailed until September 2000, under which the Jordanian Awqaf (Religious
Foundation) Department exercised exclusive authority on Al-Aqṣa Mosque/Al-Ḥaram
Al-Sharif, and its mandate extended to all affairs relating to the unimpeded
administration of Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif, including maintenance,
restoration and regulating access;
8. Strongly condemns the escalating Israeli aggressions and illegal measures against the
Awqaf Department and its personnel, and against the freedom of worship and Muslims’
access to their holy site Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif, and requests Israel, the
occupying Power, to respect the historic status quo and to immediately stop these
measures;
9. Firmly deplores the continuous storming of Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif by
Israeli right-wing extremists and uniformed forces, and urges Israel, the occupying
Power, to take necessary measures to prevent provocative abuses that violate the
sanctity and integrity of Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif;
10. Deeply decries the continuous Israeli aggressions against civilians including Islamic
religious figures and priests, decries the forceful entering into the different mosques
and historic buildings inside Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif by different Israeli
employees including the so-called "Israeli Antiquities" officials, and arrests and injuries
among Muslim worshippers and Jordanian Awqaf guards in Al-Aqṣa Mosque/Al-Ḥaram
Al-Sharif by the Israeli forces, and urges Israel, the occupying Power, to end these
aggressions and abuses which inflame the tension on the ground and between faiths;
11. Disapproves of the Israeli restriction of access to Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif
during the 2015 Eid Al-Adha and the subsequent violence, and calls on Israel, the
occupying Power, to stop all violations against Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif;
12. Deeply regrets the refusal of Israel to grant visas to UNESCO experts in charge of the
UNESCO project at the Centre of Islamic Manuscripts in Al-Aqṣa Mosque/Al-Ḥaram Al-
Sharif,and requests Israel to grant visas to UNESCO experts without restrictions;
13. Regrets the damage caused by the Israeli forces, especially since 23 August 2015, to
the historic gates and windows of the al-Qibli Mosque inside Al-Aqṣa Mosque/Al-Ḥaram
Al-Sharif, and reaffirms, in this regard, the obligation of Israel to respect the integrity,
authenticity and cultural heritage of Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif, as reflected in
the historic status quo, as a Muslim holy site of worship and as an integral part of a
world cultural heritage site;
14. Expresses its deep concern over the Israeli closure and ban of the renovation of the Al-
Rahma Gate building, one of the Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif gates, and urges
Israel, the occupying Power, to reopen the Gate, and stop obstruction of the necessary
restoration works, in order to repair the damage caused by the weather conditions,
especially the water leakage into the rooms of the building;
15. Also calls on Israel, the occupying Power, to stop the obstruction of the immediate
execution of all the 18 Hashemite restoration projects in and around Al-Aqṣa
Mosque/Al-Ḥaram Al-Sharif;
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16. Deplores the Israeli decision to approve a plan to build a two-line cable car system in
East Jerusalem and the so-called “Liba House” project in the Old City of Jerusalem as
well as the construction of the so-called “Kedem Center”, a visitor centre near the
southern wall of the Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif, the construction of the
Strauss Building and the elevator project in Al-Buraq Plaza “Western Wall Plaza” and
urges Israel, the occupying Power, to renounce the above-mentioned projects and to
stop the construction works in conformity with its obligations under the relevant
UNESCO conventions, resolutions and decisions;
25.I.A.2 Ascent to the Mughrabi Gate in Al-Aqṣa Mosque/Al-Ḥaram Al-Sharif
17. Reaffirms that the Mughrabi Ascent is an integral and inseparable part of Al-Aqṣa
Mosque/Al-Ḥaram Al-Sharif;
18. Takes note of the 16th Reinforced Monitoring Report and all previous reports, together
with their addenda prepared by the World Heritage Centre as well as the state of
conservation reports submitted to the World Heritage Centre by the Hashemite
Kingdom of Jordan and the State of Palestine;
19. Deprecates the continuing Israeli unilateral measures and decisions regarding the
Ascent to the Mughrabi Gate, including the latest works conducted at the Mughrabi
Gate entrance in February 2015, the instalment of an umbrella at that entrance as well
as the enforced creation of a new Jewish prayer platform south of the Mughrabi Ascent
in Al-Buraq Plaza “Western Wall Plaza”, and the removal of the Islamic remains at the
site, and reaffirms that no Israeli unilateral measures, shall be taken in conformity with
its status and obligations under the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict;
20. Also expresses its deep concern regarding the illegal demolitions of Umayyad,
Ottoman and Mamluk remains as well as other intrusive works and excavations in and
around the Mughrabi Gate Pathway, and also requests Israel, the occupying Power, to
halt such demolitions, excavations and works and to abide by its obligations under the
provisions of the UNESCO conventions mentioned in paragraph 2 above;
21. Reiterates its thanks to Jordan for its cooperation and urges Israel, the occupying
Power, to cooperate with the Jordanian Awqaf Department, in conformity with its
obligations under the provisions of the 1954 Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict, and to facilitate access of Jordanian
Awqaf experts with their tools and materials to the site in order to enable the execution
of the Jordanian design of the Ascent to the Mughrabi Gate in accordance with
UNESCO and World Heritage Committee decisions, particularly 37 COM/7A.26,
38 COM/7A.4 and 39 COM/7A.27;
22. Thanks the Director-General for her attention to the sensitive situation of this matter,
and requests her to take the necessary measures in order to enable the execution of
the Jordanian design of the Ascent to the Mughrabi Gate;
25.I.B UNESCO reactive monitoring mission to the Old City of Jerusalem and its Walls and
UNESCO experts meeting on the Mughrabi Ascent
23. Stresses yet again the urgent need for the implementation of the UNESCO reactive
monitoring mission to the Old City of Jerusalem and its Walls;
24. Recalls in this regard 196 EX/Decision 26 that decided, in case of non-implementation,
to consider, in conformity with international law, other means to ensure its
implementation;
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25. Notes with deep concern that Israel, the occupying Power, had not complied with any
of the 124 Executive Board decisions or six5 World Heritage Committee decisions that
request the implementation of the reactive monitoring mission to the Old City of
Jerusalem and its Walls;
26. Regrets the continued Israeli refusal to act in accordance with UNESCO and World
Heritage Committee decisions that request a UNESCO experts meeting on the
Mughrabi Ascent and the dispatch of a reactive monitoring mission to the Old City of
Jerusalem and its Walls;
27. Invites the Director-General to take necessary measures to implement the abovementioned
reactive monitoring mission in accordance with World Heritage Committee
decision 34 COM/7A.20, prior to the next session of the Executive Board, and invites
all concerned parties to facilitate the implementation of the mission and experts
meeting;
28. Requests that the report and recommendations of the reactive monitoring mission as
well as the report of the technical meeting on the Mughrabi Ascent, be presented to the
concerned parties;
29. Thanks the Director-General for her continuous efforts to implement the abovementioned
UNESCO joint reactive monitoring mission and all related UNESCO
decisions and resolutions;
25.II Reconstruction and development of Gaza
30. Deplores the military confrontations in and around the Gaza Strip and the civilian
casualties caused, including the killing and injury of thousands of Palestinian civilians,
including children, as well as the continuous negative impact in the fields of
competence of UNESCO, the attacks on schools and other educational and cultural
facilities, including breaches of the inviolability of United Nations Relief and Works
Agency for Palestine Refugees in the Near East (UNRWA) schools;
31. Strongly deplores the continuous Israeli blockade of the Gaza Strip, which harmfully
affects the free and sustained movement of personnel and humanitarian relief items as
well as the intolerable number of casualties among Palestinian children, the attacks on
schools and other educational and cultural facilities and the denial of access to
education, and requests Israel, the occupying Power, to immediately ease this
blockade;
32. Reiterates its request to the Director-General to upgrade, as soon as possible, the
UNESCO Antenna in Gaza in order to ensure the prompt reconstruction of schools,
universities, cultural heritage sites, cultural institutions, media centres and places of
worship that have been destroyed or damaged by the consecutive wars on Gaza;
33. Thanks the Director-General for the information meeting held in March 2015 on the
current situation in Gaza in the fields of competence of UNESCO and on the outcome
of the projects conducted by UNESCO in the Gaza Strip-Palestine, and invites her to
organize, as soon as possible, another information meeting on the same matter;
4 The 12 Executive Board decisions: 185 EX/Decision 14, 186 EX/Decision 11, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 191 EX/Decision 9, 192 EX/Decision 11, 194 EX/Decision 11,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.I.
5 The six World Heritage Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26,
38 COM/7A.4, 39 COM/7A.27.
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34. Also thanks the Director-General for initiatives that have already been implemented in
Gaza in the fields of education, culture and youth and for the safety of media
professionals, and calls upon her to continue her active involvement in the
reconstruction of Gaza’s damaged educational and cultural components;
25.III The two Palestinian sites of Al-Ḥaram Al-Ibrahimi/Tomb of the Patriarchs
in Al-Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
35. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem
are an integral part of Palestine;
36. Shares the conviction affirmed by the international community that the two sites are of
religious significance for Judaism, Christianity and Islam;
37. Strongly disapproves the ongoing Israeli illegal excavations, works, construction of
private roads for settlers and a separation wall inside the Old City of Al-Khalil/Hebron,
that harmfully affect the integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship, and asks Israel, the occupying
Power, to end these violations in compliance with provisions of relevant UNESCO
conventions, resolutions and decisions;
38. Deeply deplores the new cycle of violence, going on since October 2015, in the context
of the constant aggressions by the Israeli settlers and other extremist groups against
Palestinian residents including schoolchildren, also asks the Israeli authorities to
prevent such aggressions;
39. Regrets the visual impact of the separation wall on the site of Bilal Ibn Rabaḥ
Mosque/Rachel’s Tomb in Bethlehem as well as the strict ban on access of Palestinian
Christian and Muslim worshippers to the site, and demands that the Israeli authorities
restore the original character of the landscape around the site and lift the ban on
access to it;
40. Deeply regrets the Israeli refusal to comply with 185 EX/Decision 15, which requested
the Israeli authorities to remove the two Palestinian sites from its national heritage list
and calls on the Israeli authorities to act in accordance with that decision;
25.IV
41. Decides to include these matters under an item entitled “Occupied Palestine” in the
agenda at its 201st session, and invites the Director-General to submit to it a progress
report thereon.
(200 EX/SR.7)
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Executive Board 201 EX/Decisions
*
PARIS, 5 June 2017
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 201st SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 19 April – 5 May 2017)*
Two hundred and first session
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, and report of the Bureau ................................................ 1
2 Approval of the summary records of the 200th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 3
PROGRAMME MATTERS....................................................................................................... 15
6 UNESCO policy on engaging with indigenous peoples ................................................... 15
7 Nominations of new UNESCO Global Geoparks............................................................. 16
8 Comprehensive strategy for the Management of Social
Transformations Programme (MOST) ............................................................................. 16
9 International collaboration on open educational resources (OER)................................... 17
10 Renewal of the UNESCO Avicenna Prize for Ethics in Science
and Amendments to its Statutes ..................................................................................... 18
INSTITUTES AND CENTRES ................................................................................................. 18
11 Management of education-related category 1 institutes .................................................. 18
12 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute........................................................................................ 19
13 Revised Medium-Term strategy of the UNESCO Institute for Statistics (UIS).................. 19
14 Renewals and reviews of category 2 institutes and centres ............................................ 20
PROGRAMMING AND BUDGETING...................................................................................... 20
15 Draft Programme and Budget for 2018-2021 (39 C/5) .................................................. 20
METHODS OF WORK OF THE ORGANIZATION................................................................... 23
16 Procedure for the nomination of the Director-General of the Organization (Interviews) . 23
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 23
17 Report on the implementation of the International Standard
Classification of Education (ISCED)................................................................................ 23
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18 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ................................................................................................... 23
19 Implementation of standard-setting instruments.............................................................. 24
GENERAL CONFERENCE ..................................................................................................... 26
20 Preparation of the 39th session of the General Conference............................................ 26
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................ 28
21 New audits by the External Auditor ................................................................................. 28
22 Internal Oversight Service (IOS): annual report 2016...................................................... 29
23 Procedure to be followed for the appointment by the Executive Board
of the Chairperson and the Alternate Chairperson of the Appeals Board ........................ 30
24 Financial Regulations of Special Accounts...................................................................... 30
25 Collection of Member States contributions and cashflow implications ............................. 31
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 33
26 Proposals by Member States for the celebration of anniversaries
in 2018-2019 with which UNESCO could be associated .............................................. 33
27 [Draft memorandum of understanding between UNESCO
and the Turkic Culture and Heritage Foundation]............................................................ 36
28 Draft memorandum of understanding between UNESCO and the International Centre
for the Study of the Preservation and Restoration of Cultural Property (ICCROM) ......... 36
GENERAL MATTERS ............................................................................................................. 36
29 Dates of the 202nd session and provisional list of matters to be examined..................... 37
30 Occupied Palestine ...................................................................................................... 37
31 Implementation of 38 C/Resolution 72 and 200 EX/Decision 26 concerning
educational and cultural institutions in the occupied Arab territories ............................... 40
ADDITIONAL ITEMS............................................................................................................... 41
32 The importance of sound in today’s world: promoting best practices............................... 41
33 UNESCO’s participation in the Foundation Board of the International Alliance
for the Protection of Heritage in Conflict Areas (ALIPH) .................................................. 42
34 Plan of action to strengthen UNESCO’s cooperation: Together for Haiti ......................... 43
35 Combating school violence and bullying: UNESCO’s action ........................................... 44
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36 Twenty-fifth anniversary of the UNITWIN/UNESCO Chairs Programme:
progress and prospects .................................................................................................. 47
37 World Humanities Conference. Challenges and Responsibilities
for a Planet in Transition ................................................................................................. 48
38 Importance of the Multilateral Scientific Cooperation and the Leading Role
of the International Basic Sciences Programme (IBSP) of UNESCO in its Promotion ..... 49
PRIVATE MEETINGS.............................................................................................................. 51
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 51
16 Procedure for the nomination of the Director-General of the Organization (Interviews) ... 51
18 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon .............................................................................. 51
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GENERAL MATTERS
29 Dates of the 202nd session and provisional list of matters to be examined
(201 EX/29.INF)
202nd session
(including the meetings of the subsidiary bodies)
(4 to 18 October 2017)3
(11 working days/15 calendar days)
Bureau (BUR) Wednesday 4, Friday 6 and Friday 13
October
Committee on Conventions and Recommendations (CR) Wednesday 4 (p.m.)
to Friday 6 October
Special Committee (SP) Thursday 5 and Friday 6 October
Committee on Non-Governmental Partners (NGP) Friday 6 October
Plenary meetings (PLEN)4 Monday 9 and Tuesday 10, then Tuesday 17
and Wednesday 18 October
Commissions (FA, PX, JOINT) Wednesday 11 to Monday 16 October
N.B.: School holidays in the host country are scheduled from Saturday 21 October to Monday
6 November 2017.
(201 EX/SR.9)
30 Occupied Palestine5 (201 EX/30; 201 EX/41)
The Executive Board,
1. Having examined document 201 EX/30,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional
Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its
additional Protocols, the Convention on the Means of Prohibiting and Preventing the Illicit
3 These dates are subject to change as the session may be extended to 19 October 2017 if necessary.
4 In addition to the first two ballots for the nomination of a candidate for the post of Director-General, which could take
place at the end of the plenary meetings foreseen on 9 and 10 October 2017, plenary meetings might be held at
6.30 pm on the following days: Wednesday 11, Thursday 12 and Monday 16 October 2017.
5 The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations
Commission (PX) following a roll-call vote: 22 votes in favour, 10 votes against and 23 abstentions:
In favour: Algeria, Bangladesh, Brazil, Chad, China, Egypt, Iran (Islamic Republic of), Lebanon, Malaysia, Mauritius,
Morocco, Nicaragua, Nigeria, Oman, Pakistan, Qatar, Russian Federation, Senegal, South Africa, Sudan, Sweden, Viet
Nam.
Against: Germany, Greece, Italy, Lithuania, Netherlands, Paraguay, Togo, Ukraine, United Kingdom of Great Britain and
Northern Ireland, United States of America.
Abstentions: Albania, Argentina, Cameroon, Côte d’Ivoire, Dominican Republic, El Salvador, Estonia, France, Ghana,
Guinea, Haiti, India, Japan, Kenya, Mexico, Mozambique, Republic of Korea, Saint Kitts and Nevis, Slovenia, Spain, Sri
Lanka, Trinidad and Tobago, Uganda.
Absent: Nepal, Serbia, Turkmenistan.
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201 EX/Decisions – page 38
Import, Export and Transfer of Ownership of Cultural Property (1970) and the Convention
for the Protection of the World Cultural and Natural Heritage (1972), the inscription of the
Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List
(1981) and on the List of World Heritage in Danger (1982), and the recommendations,
resolutions and decisions of UNESCO on the protection of cultural heritage, as well as
resolutions and decisions of UNESCO relating to Jerusalem, also recalling previous
UNESCO decisions relating to the reconstruction and development of Gaza as well as
UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding
of the cultural heritage of Palestine and the distinctive character of East Jerusalem, shall
in any way affect the relevant Security Council and United Nations resolutions and
decisions on the legal status of Palestine and Jerusalem, including United Nations
Security Council resolution 2334 (2016),
30.I Jerusalem
4. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three
monotheistic religions,
5. Bearing in mind that all legislative and administrative measures and actions taken by
Israel, the occupying Power, which have altered or purport to alter the character and
status of the Holy City of Jerusalem, and in particular the “basic law” on Jerusalem, are
null and void and must be rescinded forthwith,
6. Recalling the 11 decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision
11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.1 and
200 EX/Decision 25, and the seven World Heritage Committee decisions:
34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4,
39 COM/7A.27 and 40 COM/7A.13,
7. Regrets the failure of the Israeli occupying authorities to cease the persistent
excavations, tunnelling, works and projects in East Jerusalem, particularly in and around
the Old City of Jerusalem, which are illegal under international law and reiterates its
request to Israel, the occupying Power, to prohibit all violations which are not in
conformity with the provisions of the relevant UNESCO conventions, resolutions and
decisions;
8. Also regrets the Israeli refusal to implement the UNESCO request to the Director-
General to appoint a permanent representative to be stationed in East Jerusalem to
report on a regular basis about all aspects covering the fields of competence of UNESCO
in East Jerusalem, and reiterates its request to the Director-General to appoint, as soon
as possible, the above-mentioned representative;
9. Stresses again the urgent need to implement the UNESCO reactive monitoring mission
to the Old City of Jerusalem and its Walls, and invites the Director-General and the World
Heritage Centre to exert all possible efforts, in line with their mandates and in conformity
with the provisions of the relevant UNESCO conventions, decisions and resolutions, to
ensure the prompt implementation of the mission and, in case of non-implementation, to
propose possible effective measures to ensure its implementation;
30.II Reconstruction and development of Gaza
10. Deplores the military confrontations in and around the Gaza Strip and the civilian
casualties caused, as well as the continuous negative impact in the fields of competence
of UNESCO, the attacks on schools and other educational and cultural facilities,
HP EXHIBIT 228
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201 EX/Decisions – page 39
including breaches of the inviolability of United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) schools;
11. Also deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects
the free and sustained movement of personnel, students and humanitarian relief items
and requests Israel to immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza
in the fields of education, culture and youth and for the safety of media professionals,
calls upon her to continue her active involvement in the reconstruction of Gaza’s
damaged educational and cultural components and reiterates, in this regard, its request
to her to upgrade the UNESCO Antenna in Gaza and to organize, as soon as possible,
an information meeting on the current situation in Gaza in the fields of competence of
UNESCO and on the outcome of the projects conducted by UNESCO;
30.III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are
an integral part of the Occupied Palestinian Territory, and shares the conviction affirmed
by the international community that the two sites are of religious significance for Judaism,
Christianity and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers
and of a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international
law and harmfully affect the authenticity and integrity of the site, and the subsequent
denial of freedom of movement and freedom of access to places of worship and asks
Israel, the occupying Power, to end all violations which are not in conformity with the
provisions of relevant UNESCO conventions, resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s
Tomb in Bethlehem as well as the strict ban on access of Palestinian Christian and
Muslim worshippers to the site, and demands that the Israeli authorities restore the
original character of the landscape around the site and lift the ban on access to it;
30.IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the
agenda at its 202nd session, and invites the Director-General to submit to it a progress
report thereon.
(201 EX/SR.10)
31 Implementation of 38 C/Resolution 72 and 200 EX/Decision 26 concerning educational
and cultural institutions in the Occupied Arab territories6 (201 EX/31; 201 EX/41)
The Executive Board,
1. Recalling 185 EX/Decision 36 and 38 C/Resolution 72 as well as Article 26 of the
Universal Declaration of Human Rights with regard to the right to education, Articles 24,
6 The Executive Board adopted this decision upon a recommendation made by the Programme and External Relations
Commission (PX) following a roll-call vote: 38 votes in favour, 1 vote against and 18 abstentions:
In favour: Albania, Algeria, Argentina, Bangladesh, Brazil, Chad, China, Egypt, Estonia, France, Germany, Greece, Iran
(Islamic Republic of), Italy, Japan, Lebanon, Lithuania, Malaysia, Mauritius, Mexico, Morocco, Netherlands, Nicaragua,
Nigeria, Oman, Pakistan, Qatar, Republic of Korea, Russian Federation, Senegal, Serbia, Slovenia, South Africa, Spain,
Sudan, Sweden, Ukraine, Viet Nam.
HP EXHIBIT 228
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UNESCO World Heritage Centre - Decision - 41 COM 7A.36
https://whc.unesco.org/en/decisions/6982/ 1/2
World Heritage Convention
Resolutions / Decisions
41 CO 7A.36
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Decision 41 COM 7A.36
Old City of Jerusalem and its Walls
(site proposed by Jordan) (C 148
rev)
The World Heritage Committee,
1. Having examin eDdocumen tWHC=17/41.COM/7A.ADD2,
Recallin tghe relevan tprovision son the protection of cultura lheritage
including the four Geneva Conventions 819499, the Hague Convention
for the Protection of Cultura lProperty in the Event of Armed Conflict
819549 and its related protocols ,the Conventio non the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultura lProperty 8197-9, the Conventio nfor the
Protection of the World Cultura land Natura lHeritage 819729, the Delhi
UNESCO Recommendatio onf 1956 concerning excavation sundertaken
in occupied territories t,he inscription of the Old City of Jerusalem and
its Walls at the re$uest of Jordan on the World Heritage List 819819 and
on the List of World Heritage in Danger 819829 and related
recommendation sre, solution sand decisions of UNESCO,
2.
Reaffirmin tghat nothing in the presen tdecision ,which aims at the
safeguardin gof the authenticity i,ntegrity and cultura lheritage of the
Old City of Jerusalem on both sides of its Walls, shall in any way affect
the relevan tUnited Nations resolution sand decisions ,in particula rthe
relevan tSecurity Counci lresolution son the lega lstatus of Jerusalem,
including United Nations Security Counci lresolution 2334 82-169,
3.
Also reaffirmi nthge importanc eof the Old City of Jerusalem and its
Walls for the three monotheistic religions,
4.
Reminding that all legislative and administrative measures and actions
taken by Israel, the occupying Power, which have altered or purport to
alter the characte rand status of the Holy City of Jerusalem a, nd in
particula rthe "basic law" on Jerusalem a, re null and void and must be
rescinded forthwith,
5.
Furthe rrecalli ntghe 12 decisions of the Executive Board :185
E/Decision 14, 187 E/Decision 11, 189 E/Decision 8, 19- E/Decision
13, 192 E/Decision 11, 194 E/Decision 5.D, 195 E/Decision 9, 196
E/Decisio n26, 197 E/Decisio n32, 199 E/Dec.19.1 2, -- E/Decision
25, 2-1 E/P 3-.1 and the seven World Heritage Committee decisions:
34 COM/7A.2- 3, 5 COM/7A.22 3, 6 COM/7A.23 3, 7 COM/7A.26 3, 8
COM/7A.4 3, 9 COM/7A.27 4, - COM/7A.13,
6.
Regrets the failure of the Israeli occupying authorities to cease the
persisten texcavations t,unneling ,works ,pro ects and other illegal
7.
Decision Code
41 COM 7A.36
Themes
Conservation L1 ist of World Heritage in
Danger
Properties
1
Old Cit" of Jerusalem and its Walls
Session
41st session of the World Heritage
Committee ,41.CO-
Year
2017
State of conservation reports
2017 Old Cit" of Jerusalem and its Walls
Prev.
Next
World Heritage Convention
HP EXHIBIT 229
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UNESCO World Heritage Centre - Decision - 41 COM 7A.36
https://whc.unesco.org/en/decisions/6982/ 2/2
© UNESCO World Heritage Centre 19290203
practices in East Jerusalem p, articularl yin and around the Old City of
Jerusalem w, hich are illega lunder internation aa nlladw reiterates its
re$uest to Israel, the occupying Power, to prohibit all violations which
are not in conformity with the provisions of the relevant UNESCO
conventions r,esolution sand decisions;
Also regrets the Israel irefusa lto implemen tthe UNESCO re$ues tto
the Director-Gener atol appoin ta permanen trepresentativ eto be
stationed in East Jerusalem to report on a regular basis about all
aspects covering the fields of competence of UNESCO in East
Jerusalem a, nd
reiterates its re$ues tto the Director-Gener atol
appoint ,as soon as possible ,the above-mentione rdepresentative;
8.
Stresses again the urgent need to implemen tthe UNESCO reactive
monitoring mission to the Old City of Jerusalem and its Walls, and
invite sthe Director-Gener aalnd the World Heritage Centre ,to exert all
possible efforts, in line with their mandates and in conformity with the
provision sof the relevan tUNESCO conventions d, ecisions and
resolutions t,o ensure the promp timplementatio nof the mission and, in
case of non-implementatio nto, propose possible effective measures to
ensure its implementation;
9.
Decides to retain t e Old City of Jerusalem and its Walls on t e List
of World Heritage in Danger
10.
Documents
WHC/1)/412CO/1*
Decisions adopted during the 41st session of the World Heritage Coittee ,Krakow ,201)-
Context of Decson
WHC01)/412CO/)2dd2
HP EXHIBIT 229
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Executive Board 202 EX/Decisions
Job: 201703308
*
PARIS, 18 November 2017
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 202nd SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 4 October – 18 October 2017)*
Two hundred and second session
HP EXHIBIT 230
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work......................................................................................... 1
2 Approval of the summary records of the 201st session ................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 3
PROGRAMME MATTERS.......................................................................................................15
6 UNESCO’s global/regional coordination of and support for
the implementation of SDG 4-Education 2030 ...............................................................15
7 UNESCO’s contribution to the prevention of violent extremism through education.......... 16
8 Progress report on the preparation of the draft global convention
on the recognition of higher education qualifications.......................................................16
9 UNESCO policy on engaging with indigenous peoples ...................................................17
10 Report of the Director-General on the finalization of the draft declaration
of ethical principles in relation to climate change ............................................................17
11 Revision of the Statutes of the Management of Social Transformation (MOST)
Intergovernmental Council ..............................................................................................18
12 Report on the implementation of the International Decade
for the Rapprochement of Cultures (2013-2022) .............................................................18
13 Situation of the International Fund for the Promotion of Culture (IFPC)........................... 18
14 Report on the implementation of the Information for All
Programme (IFAP) (2016-2017)......................................................................................19
15 Final report by the International Advisory Committee (IAC)
on the Review Process of the Memory of the World Programme .................................... 20
16 Renewal of UNESCO Prizes...........................................................................................20
INSTITUTES AND CENTRES ................................................................................................. 21
17 Category 1 institutes and centres....................................................................................21
18 Category 2 institutes and centres....................................................................................22
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(ii)
PROGRAMMING AND BUDGETING......................................................................................32
19 Draft Programme and Budget for 2018-2021 (39 C/5) ...................................................32
METHODS OF WORK OF THE ORGANIZATION...................................................................46
20 Report by the Executive Board on its activities and programme implementation............. 46
21 Governance, procedures and working methods of the governing bodies of UNESCO .... 47
22 Reports by the United Nations Joint Inspection Unit (JIU) of interest
to UNESCO and the status of implementation of recommendations ............................... 47
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 48
23 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ...................................................................................................48
24 Implementation of standard-setting instruments..............................................................48
25 Protocol instituting a Conciliation and Good Offices Commission to be responsible
for seeking the settlement of any disputes which may arise between States Parties
to the Convention against Discrimination in Education: Nominations and report
of the Committee on Conventions and Recommendations thereon................................. 53
GENERAL CONFERENCE .....................................................................................................54
26 Nomination of a candidate for the post of Director-General of UNESCO......................... 54
27 Preparation of the 39th session of the General Conference............................................ 54
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................57
28 Report by the Director-General as at 31 May 2017 on the implementation
of the recommendations of the External Auditor and his comments thereon ................... 57
29 Financial report and audited consolidated financial statements relating
to the accounts of UNESCO for the year ending 31 December 2016
and report by the External Auditor...................................................................................58
30 Financial Regulations of Special Accounts......................................................................58
31 Collection of Member States’ contributions and cashflow implications ............................ 59
32 New audits by the External Auditor ................................................................................. 60
33 Appointment by the Executive Board of the Chairperson
and the Alternate Chairperson of the Appeals Board ......................................................61
34 Report by the Director-General, in cooperation with
the Headquarters Committee, on managing the UNESCO complex................................ 61
35 Report by the Director-General on the activities
of the Advisory Committee for Works of Art ....................................................................63
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(iii)
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 64
36 Proposals for the celebration of anniversaries with which UNESCO could be
associated in 2018-2019, and appeals by Member States concerning their proposals.... 64
37 Relations with non-governmental partners ......................................................................65
GENERAL MATTERS .............................................................................................................66
38 Occupied Palestine .......................................................................................................66
39 Implementation of 38 C/Resolution 72 and 201 EX/Decision 31 concerning
educational and cultural institutions in the occupied Arab territories ............................... 68
ADDITIONAL ITEMS...............................................................................................................70
40 Association of UNESCO with the International Union of Architects (UIA) initiative
to nominate the UIA World Congress host cities as World Capitals of Architecture......... 70
41 Amendment to Rule 23 of the Rules of procedure of the Executive Board to allow
written contributions to the plenary debate to be included in the summary records ......... 70
42 The Memory of Ice: A Challenge for the Future...............................................................70
43 Proposal for the proclamation by the United Nations of 2019
as International Year of the Periodic Table of Chemical Elements .................................. 71
44 UNESCO’s role in promoting literacy within the framework
of the 2030 Agenda for Sustainable Development ..........................................................72
45 Affirming UNESCO’s role in sustainable tourism for development................................... 73
46 Tribute to Ms Irina Bokova, Director-General of UNESCO.............................................. 74
PRIVATE MEETINGS..............................................................................................................77
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board...........................................................77
23 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon ..............................................................................77
26 Nomination of a candidate for the post of Director-General of UNESCO......................... 77
33 Appointment by the Executive Board of the Chairperson
and the Alternate Chairperson of the Appeals Board .....................................................77
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202 EX/Decisions – page 66
GENERAL MATTERS
38 Occupied Palestine (202 EX/38 and Add; 202 EX/50)
The Executive Board,
1. Having considered document 202 EX/38 and the Annex to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 204th session, and invites the Director-
General to submit to it a follow-up report thereon.
ANNEX
202 EX/PX/DR.38.2
PARIS, 6 October 2017
Original: English
Executive Board
Two hundred and second session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 38 OCCUPIED PALESTINE
DRAFT DECISION
Submitted by: Algeria, Egypt, Lebanon, Morocco, Qatar and Sudan
The Executive Board,
1. Having examined document 202 EX/38,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols (1977),
the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict (1954) and its additional Protocols, the Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
(1970) and the Convention for the Protection of the World Cultural and Natural Heritage (1972), the
inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List
(1981) and on the List of World Heritage in Danger (1982), and the recommendations, resolutions and
decisions of UNESCO on the protection of cultural heritage, as well as resolutions and decisions of
UNESCO relating to Jerusalem, also recalling previous UNESCO decisions relating to the reconstruction
and development of Gaza as well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron
and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the cultural
heritage of Palestine and the distinctive character of East Jerusalem, shall in any way affect the relevant
Security Council and United Nations resolutions and decisions on the legal status of Palestine and
Jerusalem, including United Nations Security Council resolution 2334 (2016),
38.I Jerusalem
4. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic religions,
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202 EX/Decisions – page 67
5. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City of
Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be rescinded
forthwith,
6. Also recalling the twelve decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.1, 200 EX/Decision 25
and 201 EX/Decision 30 and the eight World Heritage Committee decisions: 34 COM/7A.20,
35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40 COM/7A.13, and
41 COM/7A.36;
7. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations, tunneling,
works and projects in East Jerusalem, particularly in and around the Old City of Jerusalem, which are
illegal under international law and reiterates its request to Israel, the occupying Power, to prohibit all
violations which are not in conformity with the provisions of the relevant UNESCO conventions,
resolutions and decisions;
8. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to appoint a
permanent representative to be stationed in East Jerusalem to report on a regular basis about all
aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates its request to
the Director-General to appoint, as soon as possible, the above-mentioned representative;
9. Stresses again the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls, and invites the Director-General and the World Heritage Centre to exert all
possible efforts, in line with their mandates and in conformity with the provisions of the relevant UNESCO
conventions, decisions and resolutions, to ensure the prompt implementation of the mission and, in case
of non-implementation, to propose possible effective measures to ensure its implementation;
38.II Reconstruction and development of Gaza
10. Deplores the military confrontations in and around the Gaza Strip and the civilian casualties caused, as
well as the continuous negative impact in the fields of competence of UNESCO, the attacks on schools
and other educational and cultural facilities, including breaches of the inviolability of United Nations
Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) schools;
11. Also deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the fields of
education, culture and youth and for the safety of media professionals, calls upon her to continue her
active involvement in the reconstruction of Gaza’s damaged educational and cultural components and
reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in Gaza and to organize,
as soon as possible, an information meeting on the current situation in Gaza in the fields of competence
of UNESCO and on the outcome of the projects conducted by UNESCO;
38.III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-Khalil/Hebron and
the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an integral part
of the Occupied Palestinian Territory, and shares the conviction affirmed by the international community
that the two sites are of religious significance for Judaism, Christianity and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of a Wall
inside the Old City of Al-Khalil/Hebron which are illegal under international law and harmfully affect the
authenticity and integrity of the site, and the subsequent denial of freedom of movement and freedom
of access to places of worship and asks Israel, the occupying Power, to end all violations which are not
in conformity with the provisions of relevant UNESCO conventions, resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
as well as the strict ban on access of Palestinian Christian and Muslim worshippers to the site, and
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demands that the Israeli authorities restore the original character of the landscape around the site and
lift the ban on access to it;
38.IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its 204th
session, and invites the Director-General to submit to it a progress report thereon.
(202 EX/SR.11)
39 Implementation of 38 C/Resolution 72 and 201 EX/Decision 31 concerning educational
and cultural institutions in the occupied Arab territories (202 EX/39; 202 EX/50)
The Executive Board,
1. Having considered documents 202 EX/38, 202 EX/39 and the Annex to this decision,
2. Recalling its previous decisions concerning “Educational and Cultural Institutions in the
Occupied Arab Territories”,
3. Decides to include this item in the agenda of its 204th session, and invites the Director-
General to submit to it a follow-up report thereon.
ANNEX
202 EX/PX/DR.39.3
PARIS, 6 October 2017
Original: English
Executive Board
Two hundred and second session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 39 IMPLEMENTATION OF 38 C/RESOLUTION 72 AND 201 EX/DECISION 31.2 CONCERNING
EDUCATIONAL AND CULTURAL INSTITUTIONS IN THE OCCUPIED ARAB TERRITORIES
DRAFT DECISION
Submitted by: Algeria, Egypt, Lebanon, Morocco, Qatar and Sudan
I OCCUPIED PALESTINE
The Executive Board,
1. Recalling 185 EX/Decision 36 and 38 C/Resolution 72 as well as Article 26 of the Universal Declaration
of Human Rights with regard to the right to education, Articles 4, 50 and 94 of the Fourth Geneva
Convention with regard to the denial of the right of children to education, as well as the Hague
Convention (1954) and its additional Protocols and the Convention for the Protection of the World
Cultural and Natural Heritage (1972), also recalling the International Court of Justice’s Advisory Opinion
of 9 July 2004 on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory”,
2. Having examined documents 202 EX/38, 202 EX/39,
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Executive Board 204 EX/Decisions
Job: 201801173
*
PARIS, 17 May 2018
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 204th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 4 April – 17 April 2018)*
Two hundred and fourth session
HP EXHIBIT 231
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, report of the Bureau and election
of the Chairperson of the Special Committee (SP).......................................................... 1
2 Approval of the summary records of the 202nd and 203rd sessions ............................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 4
PROGRAMME MATTERS.......................................................................................................12
6 Proposal for the convening of an international conference of States
for the revision of the 1978 Convention on the Recognition of Studies,
Diplomas and Degrees in Higher Education in the Arab States ...................................... 12
7 Nominations of new UNESCO Global Geoparks............................................................. 12
8 Draft action plan for a comprehensive review
of the Memory of the World Programme ......................................................................... 13
9 UNESCO Prizes ............................................................................................................. 14
INSTITUTES AND CENTRES ................................................................................................. 14
10 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute........................................................................................14
11 Management of category 1 institutes .............................................................................. 15
12 Follow-up to the review of the management framework
for UNESCO category 2 institutes and centres ............................................................... 16
13 Reviews and renewals of category 2 institutes and centres ............................................ 16
14 Establishment in China of an international centre for the UNESCO
Associated Schools Network (ASPnet) ........................................................................... 17
[15 Establishment in Ecuador of the International Centre of Advanced
Communication Studies for Latin America (CIESPAL) as a centre
under the auspices of UNESCO (category 2)] ................................................................18
PROGRAMMING AND BUDGETING......................................................................................18
16 39 C/5 implementation plan ............................................................................................18
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(ii)
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 19
17 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ...................................................................................................19
18 Implementation of standard-setting instruments..............................................................19
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................23
[19 Financial regulations of special accounts] ....................................................................... 23
20 Collection of Member States’ contributions,
cash-flow implications and contingency plan...................................................................23
21 New audits by the External Auditor .................................................................................25
22 Internal Oversight Service (IOS): annual report 2017...................................................... 27
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 28
23 Relations with non-governmental partners ......................................................................28
24 Draft memorandum of understanding on cooperation between
the Shanghai Cooperation Organization (SCO) and UNESCO ....................................... 29
GENERAL MATTERS .............................................................................................................29
25 Occupied Palestine .......................................................................................................29
26 Implementation of 39 C/Resolution 55 and 202 EX/Decision 39 concerning
educational and cultural institutions in the occupied Arab territories ............................... 31
27 Dates of the 205th session and provisional list of matters
to be examined by the Executive Board..........................................................................34
ADDITIONAL ITEMS...............................................................................................................34
28 Education for Sustainable Development (ESD) beyond 2019 ......................................... 34
29 Eighth World Water Forum..............................................................................................35
30 Invitations to intergovernmental meetings (category II) related
to the preliminary draft of the global convention on
the recognition of higher education qualifications............................................................36
31 The stages of UNESCO’s strategic transformation .........................................................37
32 Reviving the Mosul Spirit: the recovery of the city of Mosul through culture
and education – the human dimension at the centre of Iraq’s recovery........................... 39
HP EXHIBIT 231
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(iii)
PRIVATE MEETINGS..............................................................................................................40
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board...........................................................40
17 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon ..............................................................................40
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204 EX/Decisions – page 29
the possibility of improving the modalities of dialogue between Member States and
NGOs, including by reinforcing existing modalities in this regard, and also invites her to
formulate new proposals accordingly, on the basis of total transparency and with full
respect to the intergovernmental nature of UNESCO, to be presented to it at its 205th
session.
(204 EX/SR.5)
24 Draft memorandum of understanding on cooperation between the Shanghai
Cooperation Organization (SCO) and UNESCO (204 EX/24; 204 EX/37)
The Executive Board,
1. Having examined document 204 EX/24,
2. Authorizes the Director-General to sign the memorandum of understanding between
UNESCO and the Shanghai Cooperation Organization (SCO) (2018-2022) as annexed
to document 204 EX/24;
3. Requests the Director-General to report on the activities carried out in the framework of
this memorandum of understanding in her statutory reports on the execution of the
programme adopted by the General Conference.
(204 EX/SR.6)
GENERAL MATTERS
25 Occupied Palestine (204 EX/25 and Add. and Corr.; 204 EX/36)
The Executive Board,
1. Having considered documents 204 EX/25 and Add. and Corr., and the annex to this
decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 205th session, and invites the Director-
General to submit to it a follow-up report thereon.
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204 EX/Decisions – page 30
ANNEX
204 EX/PX/DR.25.2
PARIS, 6 April 2018
Original: English
Executive Board
Two hundred and fourth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 25 OCCUPIED PALESTINE
DRAFT DECISION
Submitted by: Egypt, Jordan, Lebanon, Morocco, Oman, Qatar and Sudan
The Executive Board,
1. Having examined document 204 EX/25,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols (1977),
the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict (1954) and its additional Protocols, the Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
(1970) and the Convention for the Protection of the World Cultural and Natural Heritage (1972), the
inscription of the Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List
(1981) and on the List of World Heritage in Danger (1982), and the recommendations, resolutions and
decisions of UNESCO on the protection of cultural heritage, as well as resolutions and decisions of
UNESCO relating to Jerusalem, also recalling previous UNESCO decisions relating to the reconstruction
and development of Gaza as well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron
and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the cultural
heritage of Palestine and the distinctive character of East Jerusalem, shall in any way affect the relevant
Security Council and United Nations resolutions and decisions on the legal status of Palestine and
Jerusalem, including United Nations Security Council resolution 2334 (2016),
25.I Jerusalem
4. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic religions,
5. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City of
Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be rescinded
forthwith,
6. Also recalling the thirteen decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D, 195 EX/Decision
9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Decision 19.1, 200 EX/Decision 25,
201 EX/Decision 30 and 202 EX/Decision 38 and the eight World Heritage Committee decisions:
34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27,
40 COM/7A.13, and 41 COM/7A.36,
7. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations, tunnelling,
works and projects in East Jerusalem, particularly in and around the Old City of Jerusalem, which are
illegal under international law and reiterates its request to Israel, the occupying Power, to prohibit all
violations which are not in conformity with the provisions of the relevant UNESCO conventions,
resolutions and decisions;
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204 EX/Decisions – page 31
8. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to appoint a
permanent representative to be stationed in East Jerusalem to report on a regular basis about all
aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates its request to
the Director-General to appoint, as soon as possible, the above-mentioned representative;
9. Stresses again the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls, and invites the Director-General and the World Heritage Centre to exert all
possible efforts, in line with their mandates and in conformity with the provisions of the relevant UNESCO
conventions, decisions and resolutions, to ensure the prompt implementation of the mission and, in case
of non-implementation, to propose possible effective measures to ensure its implementation;
25.II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of civilian
casualties as well as their continuous negative impact in the fields of competence of UNESCO;
11. Also deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the fields of
education, culture and youth and for the safety of media professionals, calls upon her to continue her
active involvement in the reconstruction of Gaza’s damaged educational and cultural components and
reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in Gaza and to organize,
as soon as possible, an information meeting on the current situation in Gaza in the fields of competence
of UNESCO and on the outcome of the projects conducted by UNESCO;
25.III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-Khalil/Hebron and
the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an integral part
of the Occupied Palestinian Territory, and shares the conviction affirmed by the international community
that the two sites are of religious significance for Judaism, Christianity and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of a Wall
inside the Old City of Al-Khalil/Hebron which are illegal under international law and harmfully affect the
authenticity and integrity of the site, and the subsequent denial of freedom of movement and freedom
of access to places of worship and asks Israel, the occupying Power, to end all violations which are not
in conformity with the provisions of relevant UNESCO conventions, resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
as well as the strict ban on access of Palestinian Christian and Muslim worshippers to the site, and
demands that the Israeli authorities restore the original character of the landscape around the site and
lift the ban on access to it;
25.IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its 205th
session, and invites the Director-General to submit to it a progress report thereon.
(204 EX/SR.6)
26 Implementation of 39 C/Resolution 55 and 202 EX/Decision 39 concerning educational
and cultural institutions in the occupied Arab territories (204 EX/26 and Corr.;
204 EX/25 and Add. and Corr.; 204 EX/36)
The Executive Board,
1. Having considered documents 204 EX/25 and Add. and Corr. and 204 EX/26 and Corr.,
and the annex to this decision,
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World Heritage 42 COM
WHC/18/42.COM/7A.Add.2
Paris, 15 June 2018
Original: English / French
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION
CONVENTION CONCERNING THE PROTECTION OF
THE WORLD CULTURAL AND NATURAL HERITAGE
WORLD HERITAGE COMMITTEE
Forty-second session
Manama, Bahrain
24 June - 4 July 2018
Item 7A of the Provisional Agenda: State of conservation of the properties
inscribed on the List of World Heritage in Danger
SUMMARY
In accordance with Section IV B, paragraphs 190-191 of the Operational
Guidelines, the Committee shall review annually the state of conservation of
properties inscribed on the List of World Heritage in Danger. This review shall
include such monitoring procedures and expert missions as might be
determined necessary by the Committee.
This document contains information on the state of conservation of properties
inscribed on the List of World Heritage in Danger. The World Heritage
Committee is requested to review the reports on the state of conservation of
properties contained in this document. The full reports of Reactive Monitoring
missions requested by the World Heritage Committee are available at the
following Web address in their original language:
http://whc.unesco.org/en/sessions/42COM/documents
All state of conservation reports are also available through the World Heritage
State of conservation Information System at the following Web address:
http://whc.unesco.org/en/soc
Decision required: The Committee is requested to review the following state of
conservation reports. The Committee may wish to adopt the draft Decision
presented at the end of each state of conservation report.
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inscribed on the List of World Heritage in Danger
TABLE OF CONTENT
CULTURAL PROPERTIES..................................................................................................................... 2
ASIA AND PACIFIC ........................................................................................................................ 2
3. Nan Madol: Ceremonial Centre of Eastern Micronesia (Micronesia, Federated States of)
(C 1503) .............................................................................................................................. 2
ARAB STATES................................................................................................................................ 5
21. Old City of Jerusalem and its Walls (site proposed by Jordan) (C 148 rev) ....................... 5
28. Hebron/Al-Khalil Old Town (Palestine) (C 1565)................................................................. 8
NATURAL PROPERTIES ..................................................................................................................... 12
ASIA-PACIFIC............................................................................................................................... 12
40. Tropical Rainforest Heritage of Sumatra (Indonesia) (N 1167)......................................... 12
41. East Rennell (Solomon Islands) (N 854) .......................................................................... 17
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State of conservation of the properties WHC/18/42.COM/7A.Add.2, p. 5
inscribed on the List of World Heritage in Danger
ARAB STATES
21. Old City of Jerusalem and its Walls (site proposed by Jordan) (C 148 rev)
Year of inscription on the World Heritage List 1981
Criteria (ii)(iii)(vi)
Year(s) of inscription on the List of World Heritage in Danger 1982-present
Threats for which the property was inscribed on the List of World Heritage in Danger
(cf. Document CLT 82/CH/CONF.015/8)
“[…] the situation of this property corresponds to the criteria mentioned in the ICOMOS note and, in
particular, to criteria (e) (significant loss of historical authenticity) and (f) (important loss of cultural
significance) as far as "ascertained danger" is concerned, and to criteria (a) (modification of juridical
status of the property diminishing the degree of its protection), (b) (lack of conservation policy) and (d)
(threatening effects of town planning) as far as "potential danger" is concerned. […]”
Desired state of conservation for the removal of the property from the List of World Heritage in Danger
Not yet drafted
Corrective measures identified
Not yet identified
Timeframe for the implementation of the corrective measures
Not yet established
Previous Committee Decisions see page http://whc.unesco.org/en/list/148/documents/
International Assistance
Requests approved: 1 (from 1982-1982)
Total amount approved: USD 100,000
For details, see page http://whc.unesco.org/en/list/148/assistance/
UNESCO Extra-budgetary Funds
Total amount granted: approximately USD 5,000,000 (since 1988)
Previous monitoring missions
February-March 2004: World Heritage Centre/ICOMOS/ICCROM mission; from September 2005 to
May 2008: 6 experts missions within the framework of the elaboration of the Action Plan for the
Safeguarding of the Cultural Heritage of the Old City of Jerusalem; February-March 2007: special
World Heritage Centre/ICOMOS/ICCROM mission sent by the Director-General of UNESCO for the
issue of the Mughrabi ascent; August 2007, January and February 2008: missions for the application
of the Reinforced Monitoring Mechanism; March and December 2009: World Heritage Centre
missions; December 2013, October 2014, February 2015 and June 2015: project missions
Factors affecting the property identified in previous reports
Natural risk factors
Lack of planning, governance and management processes
Alteration of the urban and social fabric
Impact of archaeological excavations
Deterioration of monuments
Urban environment and visual integrity
Traffic, access and circulation
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State of conservation of the properties WHC/18/42.COM/7A.Add.2, p. 6
inscribed on the List of World Heritage in Danger
Illustrative material see page http://whc.unesco.org/en/list/148/
Current conservation issues
The Old City of Jerusalem and its Walls (Site proposed by Jordan) was inscribed, as a holy city for
Judaism, Christianity and Islam, on the World Heritage List in 1981. It has been further inscribed since
1982 on the List of World Heritage in Danger.
At the time of the preparation of this document no report on the state of conservation of the site has
been received from the concerned parties.
Since the 41st session of the World Heritage Committee, the Permanent Delegation of Palestine
expressed concerns regarding ongoing constructions works at the Damascus Gate which may have an
impact on the Outstanding Universal Value of the World Heritage site (letters dated14 February and 9
March 2018). The same concern had been raised by the Permanent Delegation of Turkey (letter 25
January 2018). The Permanent Delegation of Israel indicated that the watchtowers, which are
removable, had been installed for security reasons and would be removed when the security situation
allows (letter 5 April 2018).
Draft Decision: 42 COM 7A.21
The World Heritage Committee,
1. Having considered document WHC-18/42.COM/7A.Add.2 and the Annex attached to this
decision,
2. Recalling its previous decisions concerning the Old City of Jerusalem and its Walls,
3. Decides that the status of the Old City of Jerusalem and its Walls relating to the World
Heritage List remains unchanged as reflected in Decision 41 COM 7A.36 of the last
World Heritage Committee,
---
ANNEX
The World Heritage Committee
42nd session of the Committee (42 COM)
Item 21: Old City of Jerusalem and its Walls (site proposed by Jordan)
DRAFT DECISION
Submitted by Bahrein, Kuwait, Tunisia
The World Heritage Committee,
1. Having examined Document WHC-18/42.COM/7A.Add.2,
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inscribed on the List of World Heritage in Danger
2. Recalling the relevant provisions on the protection of cultural heritage including the four
Geneva Conventions (1949), the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict (1954) and its related protocols, the Convention
on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970), the Convention for the Protection of the World
Cultural and Natural Heritage (1972), the New Delhi UNESCO Recommendation of 1956
concerning excavations undertaken in occupied territories, the inscription of the Old City
of Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981)
and on the List of World Heritage in Danger (1982) and related recommendations,
resolutions and decisions of UNESCO,
3. Reaffirming that nothing in the present decision, which aims at the safeguarding of the
authenticity, integrity and cultural heritage of the Old City of Jerusalem on both sides of
its Walls, shall in any way affect the relevant United Nations resolutions and decisions,
in particular the relevant Security Council resolutions on the legal status of Jerusalem,
including United Nations Security Council resolution 2334 (2016),
4. Also reaffirming the importance of the Old City of Jerusalem and its Walls for the three
monotheistic religions,
5. Reminding that all legislative and administrative measures and actions taken by Israel,
the occupying Power, which have altered or purport to alter the character and status of
the Holy City of Jerusalem, and in particular the "basic law" on Jerusalem, are null and
void and must be rescinded forthwith,
6. Further recalling the 14 decisions of the Executive Board: 185 EX/Decision 14, 187
EX/Decision 11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194
EX/Decision 5.D, 195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199
EX/Dec.19.1, 200 EX/Decision 25, 201 EX/PX 30.1, 202EX/Decision 38,
204/EX/Decision 25 and the eight World Heritage Committee decisions: 34 COM/7A.20,
35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40
COM/7A.13,
7. Regrets the failure of the Israeli occupying authorities to cease the persistent
excavations, tunneling, works, projects and other illegal practices in East Jerusalem,
particularly in and around the Old City of Jerusalem, which are illegal under international
law and reiterates its request to Israel, the occupying Power, to prohibit all violations
which are not in conformity with the provisions of the relevant UNESCO conventions,
resolutions and decisions;
8. Also regrets the Israeli refusal to implement the UNESCO request to the Director-
General to appoint a permanent representative to be stationed in East Jerusalem to
report on a regular basis about all aspects covering the fields of competence of UNESCO
in East Jerusalem, and reiterates its request to the Director-General to appoint, as soon
as possible, the above-mentioned representative;
9. Stresses again the urgent need to implement the UNESCO reactive monitoring mission
to the Old City of Jerusalem and its Walls, and invites the Director-General and the World
Heritage Centre, to exert all possible efforts, in line with their mandates and in conformity
with the provisions of the relevant UNESCO conventions, decisions and resolutions, to
ensure the prompt implementation of the mission and, in case of non-implementation, to
propose possible effective measures to ensure its implementation;
10. Decides to retain the Old City of Jerusalem and its Walls on the List of World
Heritage in Danger.
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State of conservation of the properties WHC/18/42.COM/7A.Add.2, p. 8
inscribed on the List of World Heritage in Danger
28. Hebron/Al-Khalil Old Town (Palestine) (C 1565)
Year of inscription on the World Heritage List 2017
Criteria (ii)(iv)(vi)
Year(s) of inscription on the List of World Heritage in Danger 2017-present
Threats for which the property was inscribed on the List of World Heritage in Danger
The State Party outlined a series of threats in the nomination file, but none were specified by the
World Heritage Committee at the time of inscription
Desired state of conservation for the removal of the property from the List of World Heritage in Danger
Not yet drafted
Corrective measures identified
Draft submitted by the State Party; to be reviewed by the Advisory Bodies once a Statement of
Outstanding Universal Value is approved
Timeframe for the implementation of the corrective measures
Not yet established
Previous Committee Decisions see page http://whc.unesco.org/en/list/1565/documents/
International Assistance
Requests approved: 0
Total amount approved: USD 0
For details, see page http://whc.unesco.org/en/list/1565/assistance/
UNESCO Extra-budgetary Funds
Total amount granted: USD 375,400 from the Government of Sweden for physical rehabilitation
Previous monitoring missions
N/A
Factors affecting the property identified in previous reports
N/A
Illustrative material see page http://whc.unesco.org/en/list/1565/
Current conservation issues
ON 23 March 2018, the State Party submitted a report on the state of conservation of the property, which
is available at https://whc.unesco.org/en/list/1565/documents/ and reports the following:
The State Party underlines that it has endeavoured to address Decision 41 COM 8B.1, despite
challenging circumstances;
A proposed Desired state of conservation for the removal of the property from the List of World
Heritage in Danger (DSOCR) is included with the report, as well as suggested corrective
measures, including the preparation and implementation of a comprehensive Conservation and
Management Plan for the property, involving stakeholders and the local community. The report
also provides a proposed Statement of Outstanding Universal Value (SOUV);
The State Party expresses concern about the consequences of military occupation, including
vandalism, and property damage. There have been unauthorized excavations in Tell Rumeideh,
the archaeological site located in buffer zone. The State Party reports that there are five Israeli
settlements within the Old Town of Hebron, three within the property and two in the buffer zone.
The State Party also indicates that Israel’s Army Minister issued a statement upgrading the status
of the Jewish community in Hebron H2 to that of an official settlement, making them eligible to
form municipal councils and to receive the same services provided by the Israeli authorities to
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State of conservation of the properties WHC/18/42.COM/7A.Add.2, p. 9
inscribed on the List of World Heritage in Danger
other West Bank settlements. The State Party has implemented actions and projects to conserve
the property, including progress with conservation of Al-Haram Al-Ibrahimi/the Tomb of
Patriarchs, completion of the rehabilitation of the infrastructure on Al-Qasaba Main Street,
restoration of the Khreisha building, and restoration of the glass factory – Souk Eskafeyyeh. Work
has commenced on a programme for beautification of historic façades, the rehabilitation of Amer
palace, and rehabilitation of Hosh Abu-Duraan. Regular maintenance of historic buildings
continues, and it is proposed that the Hammam Saidna Ibrahim will be rehabilitated as a visitor
centre;
The State Party also expresses concern at projects, which are not consistent with the OUV of the
property, including, in particular, the proposed construction of a neighbourhood for settlers in
block No. 34021, Plots 110, and 130, comprising new high-rise buildings of up to 18 metres, which
differ from traditional buildings’ form and use concrete and stone, rather than vernacular materials;
The State Party strongly asserts its commitment to implementing all possible measures to
conserve and sustain the property and to enhance the living conditions of the local community.
Analysis and Conclusions of the World Heritage Centre, ICOMOS and ICCROM
The property was simultaneously inscribed on the World Heritage List and the List of World Heritage in
Danger through Decision 41 COM 8B.1, in accordance with paragraphs 161 and 162 of the Operational
Guidelines, on the basis that the Committee concluded that the property unquestionably justifies criteria
(ii), (iv) and (vi), as well as conditions of integrity and authenticity, but is faced with serious threats, which
could have deleterious effects on its inherent characteristics for which an immediate action by the World
Heritage Committee is needed.
At its 41st session in 2017, the World Heritage Committee did not adopt a proposed SOUV in line with
Paragraph 154 of the Operational Guidelines. The State Party has submitted a proposed SOUV with its
state of conservation report. As no ICOMOS field visit was possible before inscription and as
subsequently ICOMOS has not been able to undertake a mission, it has not been possible to assess
the proposed SOUV in terms of its defined attributes. In these circumstances, it is suggested to
undertake a meeting with the State Party for coordination and technical advice. This meeting could
consider the SOUV, the proposed DSOCR, related corrective measures and a timeframe for their
implementation, and the process for the elaboration of Management Plan.
The efforts of the State Party to begin the preparation of a comprehensive Conservation and
Management Plan for the property should be commended, as should the conservation works that have
been completed or are in progress. Furthermore, on 16 May 2018, a revised International Assistance
Request for the funding of preparatory studies for the elaboration of a Management Plan has been
submitted to the World Heritage Centre. It will be implemented in close collaboration with the World
Heritage Centre, UNESCO Ramallah Office and the Advisory Bodies.
It is crucial that, as circumstances permit, the processes for managing conservation and development
projects at the property should include preparation of Heritage Impact Assessments (HIAs) in
accordance with the 2011 ICOMOS Guidance on HIAs for Cultural World Heritage Properties.
It is regrettable that the situation on the ground has deteriorated since the inscription of the property.
Recognising the challenging circumstances at the property, it would nevertheless be desirable that the
State Party submit details of all significant current conservation and development projects to the World
Heritage Centre, for review by the Advisory Bodies in accordance with Paragraph 172 of the Operational
Guidelines.
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State of conservation of the properties WHC/18/42.COM/7A.Add.2, p. 10
inscribed on the List of World Heritage in Danger
Draft Decision: 42 COM 7A.28
Hebron/Al-Khalil Old Town (Palestine)
The World Heritage Committee,
1. Having considered Document WHC/18/42.COM/7A.Add.2 and the annex attached to this
decision,
2. Recalling Decision 41 COM 8B.1, adopted at its 41st session (Krakow, 2017),
3. Decides that the status of Hebron/Al-Khalil Old Town relating to the World Heritage
List remains unchanged as reflected in Decision 41 COM 8B.1 of the last World Heritage
Committee.
---
ANNEX
The World Heritage Committee
42nd session of the Committee (42 COM)
1. Having considered Document WHC/18/42.COM/7A.Add.2;
2. Recalling Decision 41 COM 8B.1, adopted at its 41st session (Krakow, 2017), which did
not include a SOUV, and noting that in compliance with Paragraph 154 of the Operational
Guidelines, when deciding to inscribe a property on the World Heritage List, guided by
the Advisory Bodies, the Committee adopts a SOUV for the property,
3. Taking note of a preliminary proposed SOUV contained in the state of conservation report
submitted by the State Party,
4. Requests the Advisory Bodies and the World Heritage Centre to work with the State
Party in the framework of the International Assistance project on the Management Plan
to finalize this SOUV;
5. Notes that a proposed Statement of Outstanding Universal Value (SOUV) was submitted
by the State Party, as none was adopted at the 41st session, also notes that no ICOMOS
field visit to the property was possible before inscription, and, as the current situation still
does not permit any missions, proposes that a meeting be organized for representatives
of the World Heritage Centre and ICOMOS to discuss with the State Party the proposed
SOUV, the Desired state of conservation for the removal of the property from the List of
World Heritage in Danger (DSOCR), related corrective measures and a timeframe for
their implementation;
6. Decides to consider the examination of a draft SOUV for the property at its 43rd session
in 2019;
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State of conservation of the properties WHC/18/42.COM/7A.Add.2, p. 11
inscribed on the List of World Heritage in Danger
7. Commends the State Party for the actions which are being taken to conserve significant
attributes of the Property;
8. Welcomes efforts to begin the preparation of a Management Plan, and requests the State
Party to work in close coordination with the World Heritage Centre, UNESCO Ramallah
Office and the Advisory Bodies in the implementation of the International Assistance
Request regarding the preparatory studies for the elaboration of a Management Plan for
the property;
9. Further requests the State Party to submit to the World Heritage Centre, for review by
the Advisory Bodies, detailed information on current conservation and development
projects, particularly projects which have potential adverse impact on heritage, in
accordance with Paragraph 172 of the Operational Guidelines;
10. Requests furthermore the State Party to submit to the World Heritage Centre, by
1 February 2019, an updated report on the state of conservation of the property and the
implementation of the above, for examination by the World Heritage Committee at its
43rd session in 2019;
11. Also decides to retain Hebron/Al-Khalil Old Town (Palestine) on the List of World
Heritage in Danger.
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Executive Board 205 EX/Decisions
Job: 201804292
*
PARIS, 16 November 2018
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 205th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 3 October – 17 October 2018)*
Two hundred and fifth session
HP EXHIBIT 233
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work, report by the Bureau and election
of the Chairperson of the Finance and Administrative Commission (FA)......................... 1
2 Approval of the summary records of the 204th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 3
PROGRAMME MATTERS....................................................................................................... 9
6 SDG 4 – Education 2030 ................................................................................................ 9
7 United Nations University (UNU)..................................................................................... 12
8 Memory of the World Programme ................................................................................... 12
9 Comprehensive partnership strategy (2016-2017) .......................................................... 13
10 UNESCO prizes.............................................................................................................. 13
INSTITUTES AND CENTRES ................................................................................................. 15
11 Future of the International Bureau of Education (IBE) .....................................................15
12 Management framework ................................................................................................. 16
13 Reviews and renewals ....................................................................................................16
[14 Establishment in Ecuador of an International Centre of Advanced
Communication Studies for Latin America (CIESPAL) as a centre
under the auspices of UNESCO (category 2) ] ................................................................ 18
PROGRAMMING AND BUDGETING......................................................................................18
15 Draft Programme and Budget (40 C/5): Preliminary proposals........................................ 18
METHODS OF WORK OF THE ORGANIZATION...................................................................21
16 Reports by the Joint Inspection Unit (JIU) of interest to UNESCO................................... 21
17 Preparatory Group of the Executive Board and its methods of work ............................... 21
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(ii)
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 22
18 Examination of the communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3
and report of the Committee thereon ..............................................................................22
19 Implementation of standard-setting instruments – General monitoring ........................... 22
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................ 22
20 Financial regulations of special accounts........................................................................ 22
21 Collection of Member States’ contributions and cashflow implications ............................ 23
22 Financial report and audited consolidated financial statements
for the year ending 31 December 2017, and report by the External Auditor .................... 24
23 Status of carry forward of the remaining unspent regular budget funds
under the 38 C/5 expenditure plan and the proposals for use of unspent funds .............. 25
24 Report by the Director-General, in cooperation with the
Headquarters Committee, on managing the UNESCO complex...................................... 25
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 27
[25 Relations with non-governmental partners] ..................................................................... 27
26 Evaluation of the revised anniversaries programme........................................................ 27
GENERAL MATTERS ............................................................................................................. 28
27 Invitations ....................................................................................................................... 28
28 Occupied Palestine ....................................................................................................... 29
29 Implementation of 39 C/Resolution 55 and 204 EX/Decision 26 concerning
educational and cultural institutions in the occupied Arab territories ............................... 32
30 Dates of the 206th session and provisional list of matters
to be examined by the Executive Board.......................................................................... 35
ADDITIONAL ITEMS............................................................................................................... 35
31 International day of Islamic art ........................................................................................ 35
32 International day of mathematics .................................................................................... 36
33 Follow up and implementation of relevant recommendations endorsed by
the General Conference in 39 C/Res.87 – Governance, procedures
and working methods of the governing bodies of UNESCO ........................................... 37
34 Media and information literacy (MIL) ............................................................................... 38
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(iii)
35 International Centre for Synchrotron Light for Experimental Science
and Applications in the Middle East (SESAME): opportunities for action......................... 40
36 Review of the working methods, procedures and practices
of the Committee on Conventions and Recommendations (CR) ..................................... 42
37 Draft cooperation agreement between UNESCO
and the International Conference of Asian Political Parties (ICAPP) ............................... 42
38 Remembering the legacy of Mahatma Gandhi ................................................................43
39 Museums management and risk prevention....................................................................43
40 Presence for peace.........................................................................................................45
PRIVATE MEETINGS.............................................................................................................. 46
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 46
18 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon .............................................................................. 46
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27.III Invitations to the intergovernmental meeting of experts (category II) related to the draft
recommendation concerning international collaboration on Open Educational
Resources (OER)
The Executive Board,
1. Recalling 39 C/Resolution 44,
2. Having examined document 205 EX/27 Part III and its annex,
3. Decides that:
(a) invitations to participate in the intergovernmental meeting of experts (category II),
to examine the draft recommendation on Open Educational Resources in the light
of the comments received from Member States on the preliminary report prepared
to that end, will be sent to all Member States and Associate Members of UNESCO;
(b) invitations to send observers to the intergovernmental meeting of experts (category
II) will also be sent to the States mentioned in paragraph (b) of the annex to
document 205 EX/27 Part III;
(c) invitations to send observers to the intergovernmental meeting of experts
(category II) will be sent to the organizations of the United Nations system with
which UNESCO has concluded mutual representation agreements and which are
listed in paragraph (c) of the annex to document 205 EX/27 Part III;
(d) invitations to send observers to the intergovernmental meeting of experts
(category II) will be sent to the organizations, institutions and other entities listed
in paragraphs (d) and (e) of the annex to document 205 EX/27 Part III;
4. Authorizes the Director-General to send out invitations to the entities listed in
paragraph (f) of the annex to document 205 EX/27 Part III and to any other entities she
may deem useful for advancing the work of the intergovernmental meeting of experts
(category II), notifying the Executive Board thereof.
(205 EX/SR.4)
28 Occupied Palestine (205 EX/28 and Corr.; 205 EX/44)
The Executive Board,
1. Having considered documents 205 EX/28 and Corr. as well as the annexes attached to
this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 206th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
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ANNEX I
205 EX/PX/DR.28.4
PARIS, 24 September 2018
Original: English
Executive Board
Two hundred and fifth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 28 OCCUPIED PALESTINE
DRAFT DECISION
Submitted by: Egypt, Jordan, Lebanon, Morocco, Oman, Qatar and Sudan
The Executive Board,
1. Having examined document 205 EX/28,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional
Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention
for the Protection of Cultural Property in the Event of Armed Conflict (1954) and its
additional Protocols, the Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property (1970) and the Convention
for the Protection of the World Cultural and Natural Heritage (1972), the inscription of the
Old City of Jerusalem and its Walls at the request of Jordan on the World Heritage List
(1981) and on the List of World Heritage in Danger (1982), and the recommendations,
resolutions and decisions of UNESCO on the protection of cultural heritage, as well as
resolutions and decisions of UNESCO relating to Jerusalem, also recalling previous
UNESCO decisions relating to the reconstruction and development of Gaza as well as
UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding
of the cultural heritage of Palestine and the distinctive character of East Jerusalem, shall
in any way affect the relevant Security Council and United Nations resolutions and
decisions on the legal status of Palestine and Jerusalem, including United Nations
Security Council resolution 2334 (2016),
4. Taking note of the letters addressed to the Director-General by the Permanent
Delegations of Palestine and Jordan to UNESCO in 2018 concerning the sub-sections
below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three
monotheistic religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by
Israel, the occupying Power, which have altered or purport to alter the character and
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205 EX/Decisions – page 31
status of the Holy City of Jerusalem, and in particular the “basic law” on Jerusalem, are
null and void and must be rescinded forthwith,
7. Recalling the fourteen decisions of the Executive Board: 185 EX/Decision 14,
187 EX/Decision 11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11,
194 EX/Decision 5.I.D, 195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32,
199 EX/Dec.19.1, 200 EX/Decision 25, 201 EX/Decision 30, 202 EX/Decision 38 and
204 EX/Decision 25 and the nine World Heritage Committee decisions: 34 COM/7A.20,
35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27,
40 COM/7A.13, 41 COM/7A.36, and 42 COM/7A.21;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City
of Jerusalem which are illegal under international law, and reiterates its request to Israel,
the occupying Power, to stop all violations which are not in conformity with the provisions
of the relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-
General to appoint a permanent representative to be stationed in East Jerusalem to
report on a regular basis about all aspects covering the fields of competence of UNESCO
in East Jerusalem, and reiterates its request to the Director-General to appoint, as soon
as possible, the above-mentioned representative;
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their
heavy toll of civilian casualties as well as their continuous negative impact in the fields
of competence of UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free
and sustained movement of personnel, students and humanitarian relief items and
requests Israel to immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza
in the fields of education, culture and youth and for the safety of media professionals,
calls upon her to continue her active involvement in the reconstruction of Gaza’s
damaged educational and cultural components and reiterates, in this regard, its request
to her to upgrade the UNESCO Antenna in Gaza and to organize, as soon as possible,
an information meeting on the current situation in Gaza in the fields of competence of
UNESCO and on the outcome of the projects conducted by UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are
an integral part of the Occupied Palestinian Territory, and shares the conviction affirmed
by the international community that the two sites are of religious significance for Judaism,
Christianity and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers
and of a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international
law and harmfully affect the authenticity and integrity of the site, and the subsequent
denial of freedom of movement and freedom of access to places of worship and asks
Israel, the occupying Power, to end all violations which are not in conformity with the
provisions of relevant UNESCO conventions, resolutions and decisions;
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15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s
Tomb in Bethlehem as well as the strict ban on access of Palestinian Christian and
Muslim worshippers to the site, and demands that the Israeli authorities restore the
original character of the landscape around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the
agenda at its 206th session, and invites the Director-General to submit to it a progress
report thereon.
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the
Old City of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with
their mandates and in conformity with the provisions of the relevant UNESCO
conventions, decisions and resolutions, to ensure the prompt implementation of the
mission and, in case of non-implementation, to propose effective measures in the report
to it at its 206th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next
session.
(205 EX/SR.6)
29 Implementation of 39 C/Resolution 55 and 204 EX/Decision 26 concerning educational
and cultural institutions in the occupied Arab territories (205 EX/28 and Corr.; 205 EX/29
and Corr.; 205 EX/44)
The Executive Board,
1. Having considered documents 205 EX/28 and Corr. and 205 EX/29 and Corr., and the
annex to this decision,
2. Recalling its previous decisions concerning “Educational and Cultural Institutions in the
Occupied Arab Territories”,
3. Decides to include this item in the agenda of its 206th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
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Executive Board 206 EX/Decisions
Job: 201906352
Job: 201907578
*
PARIS, 17 May 2019
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 206th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 3 April – 17 April 2019)*
Two hundred and sixth session
HP EXHIBIT 234
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS................................................................. 1
1 Agenda and timetable of work and election of the Chairperson
of the Finance and Administrative Commission (FA)....................................................... 1
2 Approval of the summary records of the 205th session................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board........................................................... 1
REPORTING ITEMS................................................................................................................ 1
4 Execution of the programme adopted by the General Conference.................................. 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions .................................................. 6
PROGRAMME MATTERS.......................................................................................................14
6 SDG 4 – Education 2030 ................................................................................................14
7 Nominations of new UNESCO Global Geoparks............................................................. 16
8 Adoption of revised Statutes of the Intergovernmental Council
of the International Hydrological Programme (IHP) ....................................................... 17
9 Preliminary study of the technical, financial and legal aspects
of the desirability of a UNESCO recommendation on open science ............................... 18
10 Action plan for the Management of Social Transformations (MOST) Programme ........... 18
11 Mid-term review of the UNESCO Operational Strategy on Youth 2014-2021 .................. 19
12 Memory of the World Programme .................................................................................. 19
13 Mid-term evaluation of the Small Island Developing States (SIDS) Action Plan .............. 20
14 Comprehensive partnership strategy ..............................................................................20
15 UNESCO Prizes .............................................................................................................21
INSTITUTES AND CENTRES ................................................................................................. 21
16 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute........................................................................................21
17 Future of the International Bureau of Education (IBE) .....................................................22
Category 2 institutes and centres
18 Proposals........................................................................................................................23
19 Management framework ................................................................................................. 24
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20 Reviews and renewals ....................................................................................................24
ANNUAL REPORTS BY THE OVERSIGHT AND ETHICS FUNCTIONS................................ 28
21 Internal Oversight Service (IOS): annual report 2018...................................................... 28
22 Annual report of the Ethics Office (2018) ........................................................................29
PROGRAMMING AND BUDGETING......................................................................................30
23 Draft Programme and Budget (40 C/5)............................................................................30
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS................................. 36
24 Communications transmitted to the Committee on Conventions
and Recommendations in pursuance of 104 EX/Decision 3.3......................................... 36
25 Implementation of standard-setting instruments..............................................................37
26 Follow-up on previous reviews of the working methods, procedures
and practices of the Committee on Conventions and Recommendations........................ 42
GENERAL CONFERENCE .....................................................................................................42
27 Preparation of the 40th session of the General Conference ........................................... 42
ADMINISTRATIVE AND FINANCIAL QUESTIONS................................................................44
28 Reviews of Basic Texts, rules and policies related to financial matters .......................... 44
29 External audit report on UNESCO procurement..............................................................45
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS............................................... 45
30 Celebration of anniversaries ........................................................................................... 45
GENERAL MATTERS .............................................................................................................49
31 Invitations to the International Conference of States (category I)
for the revision of the 1978 Convention on the Recognition of Studies,
Diplomas and Degrees in Higher Education in the Arab States ...................................... 49
32 Occupied Palestine ........................................................................................................ 49
33 Implementation of 39 C/Resolution 55 and 205 EX/Decision 29 concerning
educational and cultural institutions in the occupied Arab territories ............................... 52
34 Dates of the 207th session and provisional list of matters
to be examined by the Executive Board at its 207th session........................................... 54
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ADDITIONAL ITEMS...............................................................................................................54
35 International Day of Education ........................................................................................54
36 World engineering day for sustainable development .......................................................55
37 Foreign-language teaching and linguistic diversity .......................................................... 57
38 Strengthening partnerships for physical education and sport .......................................... 57
39 World art day: 15 April ....................................................................................................58
40 Culture and food: innovative strategies for sustainable development .............................. 59
41 World olive tree day: 26 November .................................................................................60
42 Preliminary study on a possible standard-setting instrument
on the ethics of artificial intelligence................................................................................61
43 The Silk Roads of Dialogue.............................................................................................62
44 Exploring the potential of artificial intelligence to accelerate
the progress towards SDG 4 – Education 2030 ..............................................................63
PRIVATE MEETINGS..............................................................................................................64
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board...........................................................64
24 Examination of the communications transmitted to the Committee
on Conventions and Recommendations in pursuance of 104 EX/Decision 3.3,
and report of the Committee thereon ..............................................................................64
Statement by the Executive Board of UNESCO following
the fire at Notre-Dame Cathedral in Paris, France....................................................................65
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GENERAL MATTERS
[31 Invitations to the International Conference of States (category I) for the revision of
the 1978 Convention on the Recognition of Studies, Diplomas and Degrees in Higher
Education in the Arab States ]
This item was postponed: see the footnote in document 206 EX/1. Rev.
32 Occupied Palestine (206 EX/32 and Corr.; 206 EX/47.I)
The Executive Board,
1. Having considered documents 206 EX/32 and Corr. as well as the annexes attached to
this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 207th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX I
206 EX/PX/DR.32.1
PARIS, 8 April 2019
Original: English
Executive Board
Two hundred and sixth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 32 OCCUPIED PALESTINE
DRAFT DECISION
Submitted by: Egypt, Jordan, Lebanon, Morocco, Oman, Qatar and Sudan
The Executive Board,
1. Having examined document 206 EX/32,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
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cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2018 and 2019 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the fifteen decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.1,
200 EX/Decision 25, 201 EX/Decision 30, 202 EX/Decision 38, 204 EX/Decision 25 and
205 EX/Decision 28, and the nine World Heritage Committee decisions: 34 COM/7A.20,
35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40 COM/7A.13,
41 COM/7A.36, and 42 COM/7A.21;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law, and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
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Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
207th session, and invites the Director-General to submit to it a progress report thereon.
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 207th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
(206 EX/SR.7)
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World Heritage 43 COM
WHC/19/43.COM/7A.Add.3
Paris, 21 June 2019
Original: English / French
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION
CONVENTION CONCERNING THE PROTECTION OF
THE WORLD CULTURAL AND NATURAL HERITAGE
WORLD HERITAGE COMMITTEE
Forty-third session
Baku, Republic of Azerbaijan
30 June - 10 July 2019
Item 7A of the Provisional Agenda: State of conservation of the properties
inscribed on the List of World Heritage in Danger
SUMMARY
In accordance with Section IV B, paragraphs 190-191 of the Operational
Guidelines, the Committee shall review annually the state of conservation of
properties inscribed on the List of World Heritage in Danger. This review shall
include such monitoring procedures and expert missions as might be
determined necessary by the Committee.
This document contains information on the state of conservation of properties
inscribed on the List of World Heritage in Danger. The World Heritage
Committee is requested to review the reports on the state of conservation of
properties contained in this document. The full reports of Reactive Monitoring
missions requested by the World Heritage Committee are available at the
following Web address in their original language:
http://whc.unesco.org/en/sessions/43COM/documents
All state of conservation reports are also available through the World Heritage
State of conservation Information System at the following Web address:
http://whc.unesco.org/en/soc
Decision required: The Committee is requested to review the following state of
conservation reports. The Committee may wish to adopt the draft Decision
presented at the end of each state of conservation report.
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 1
inscribed on the List of World Heritage in Danger
TABLE OF CONTENT
CULTURAL PROPERTIES..................................................................................................................... 2
ARAB STATES................................................................................................................................ 2
22. Old City of Jerusalem and its Walls (site proposed by Jordan) (C 148 rev) ....................... 2
29. Hebron/Al-Khalil Old Town (Palestine) (C 1565)................................................................. 5
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 2
inscribed on the List of World Heritage in Danger
CULTURAL PROPERTIES
ARAB STATES
22. Old City of Jerusalem and its Walls (site proposed by Jordan) (C 148 rev)
Year of inscription on the World Heritage List 1981
Criteria (ii)(iii)(vi)
Year(s) of inscription on the List of World Heritage in Danger 1982-present
Threats for which the property was inscribed on the List of World Heritage in Danger
(cf. Document CLT 82/CH/CONF.015/8)
“[…] the situation of this property corresponds to the criteria mentioned in the ICOMOS note and, in
particular, to criteria (e) (significant loss of historical authenticity) and (f) (important loss of cultural
significance) as far as "ascertained danger" is concerned, and to criteria (a) (modification of juridical
status of the property diminishing the degree of its protection), (b) (lack of conservation policy) and (d)
(threatening effects of town planning) as far as "potential danger" is concerned. […]”
Desired state of conservation for the removal of the property from the List of World Heritage in Danger
Not yet drafted
Corrective measures identified
Not yet identified
Timeframe for the implementation of the corrective measures
Not yet established
Previous Committee Decisions see page http://whc.unesco.org/en/list/148/documents
International Assistance
Requests approved: 1 (from 1982-1982)
Total amount approved: USD 100,000
For details, see page http://whc.unesco.org/en/list/148/assistance/
UNESCO Extra-budgetary Funds
Total amount granted: approximately USD 5,000,000 (since 1988)
Previous monitoring missions
February-March 2004: World Heritage Centre/ICOMOS/ICCROM mission; from September 2005 to
May 2008: 6 experts missions within the framework of the elaboration of the Action Plan for the
Safeguarding of the Cultural Heritage of the Old City of Jerusalem; February-March 2007: special
World Heritage Centre/ICOMOS/ICCROM mission sent by the Director-General of UNESCO for the
issue of the Mughrabi ascent; August 2007, January and February 2008: missions for the application
of the Reinforced Monitoring Mechanism; March and December 2009: World Heritage Centre
missions; December 2013, October 2014, February 2015 and June 2015: project missions
Factors affecting the property identified in previous reports
Natural risk factors
Lack of planning, governance and management processes
Alteration of the urban and social fabric
Impact of archaeological excavations
Deterioration of monuments
Urban environment and visual integrity
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 3
inscribed on the List of World Heritage in Danger
Traffic, access and circulation
Illustrative material see page http://whc.unesco.org/en/list/148/
Current conservation issues
The Old City of Jerusalem and its Walls (Site proposed by Jordan) was inscribed, as a holy city for
Judaism, Christianity and Islam, on the World Heritage List in 1981. It has been further inscribed since
1982 on the List of World Heritage in Danger.
At the time of the preparation of this document no report on the state of conservation of the site has
been received from the concerned parties.
Since the 42nd session of the World Heritage Committee, the Permanent Delegation of Jordan in letters
co-signed with the Permanent Delegation of Palestine expressed concerns regarding reported ongoing
works within the World Heritage site of the Old City of Jerusalem and its Walls which may have an impact
on its Outstanding Universal Value (letter dated 5 September 2018).
The same two Permanent Delegations expressed general concerns in a co-signed letter regarding the
World Heritage site of the Old City of Jerusalem and its Walls (letter dated 14 November 2018), the
same concern was also expressed by the President of the Arab Group (letter dated 13 December 2018).
The Permanent Delegations of Jordan and Palestine expressed concerns in co-signed letters regarding
developments related to a project to build a cable car over the Old City of Jerusalem and the impact it
could have on the Outstanding Universal Value of the property (letters dated 3 December 2018 and 27
February 2019). Similar concern had also been expressed by the President of the Arab Group (letter
dated 19 March 2019). Several letters have been sent by the Secretariat to the State Party of Israel (20
February and 16 May 2019) in this regard, underlining that should this information be verified as true,
this would be a worrying development as it may have a visual impact on the integrity of the World
Heritage site.
Draft Decision: 43 COM 7A.22
The World Heritage Committee,
1. Having considered document WHC/19/43.COM/7A.Add.3 and the Annex attached to this
decision,
2. Recalling its previous decisions concerning the Old City of Jerusalem and its Walls,
3. Decides that the status of the Old City of Jerusalem and its Walls relating to the World
Heritage List remains unchanged as reflected in Decisions 42 COM 7A.21 and 42 COM
8C.2 of its last session,
---
ANNEX
The World Heritage Committee
43rd session of the Committee (43 COM)
Item 22: Old City of Jerusalem and its Walls (site proposed by Jordan)
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 4
inscribed on the List of World Heritage in Danger
The World Heritage Committee,
1. Having examined Document WHC/19/43.COM/7A.Add.3,
2. Recalling the relevant provisions on the protection of cultural heritage including the four
Geneva Conventions (1949), the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict (1954) and its related protocols, the Convention
on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970), the Convention for the Protection of the World
Cultural and Natural Heritage (1972), the New Delhi UNESCO Recommendation of 1956
concerning excavations undertaken in occupied territories, the inscription of the Old City
of Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981)
and on the List of World Heritage in Danger (1982) and related recommendations,
resolutions and decisions of UNESCO,
3. Reaffirming that nothing in the present decision, which aims at the safeguarding of the
authenticity, integrity and cultural heritage of the Old City of Jerusalem on both sides of
its Walls, shall in any way affect the relevant United Nations resolutions and decisions,
in particular the relevant Security Council resolutions on the legal status of Jerusalem,
including United Nations Security Council resolution 2334 (2016),
4. Also reaffirming the importance of the Old City of Jerusalem and its Walls for the three
monotheistic religions,
5. Reminding that all legislative and administrative measures and actions taken by Israel,
the occupying Power, which have altered or purport to alter the character and status of
the Holy City of Jerusalem, and in particular the "basic law" on Jerusalem, are null and
void and must be rescinded forthwith,
6. Further recalling the 16 decisions of the Executive Board: 185 EX/Decision 14, 187
EX/Decision 11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194
EX/Decision 5.D, 195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199
EX/Dec.19.1, 200 EX/Decision 25, 201 EX/PX 30.1, 202EX/Decision 38,
204/EX/Decision 25, 205EX/Decision 28, 206EX/Decision 32 and the nine World
Heritage Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37
COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40 COM/7A.13, 41 COM 7A.36 and 42 COM
7A.21,
7. Regrets the failure of the Israeli occupying authorities to cease the persistent
excavations, tunneling, works, projects and other illegal practices in East Jerusalem,
particularly in and around the Old City of Jerusalem, which are illegal under international
law and reiterates its request to Israel, the occupying Power, to prohibit all violations
which are not in conformity with the provisions of the relevant UNESCO conventions,
resolutions and decisions;
8. Also regrets the Israeli refusal to implement the UNESCO request to the Director-
General to appoint a permanent representative to be stationed in East Jerusalem to
report on a regular basis about all aspects covering the fields of competence of UNESCO
in East Jerusalem, and reiterates its request to the Director-General to appoint, as soon
as possible, the above-mentioned representative;
9. Stresses again the urgent need to implement the UNESCO reactive monitoring mission
to the Old City of Jerusalem and its Walls, and invites the Director-General and the World
Heritage Centre, to exert all possible efforts, in line with their mandates and in conformity
with the provisions of the relevant UNESCO conventions, decisions and resolutions, to
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 5
inscribed on the List of World Heritage in Danger
ensure the prompt implementation of the mission and, in case of non-implementation, to
propose possible effective measures to ensure its implementation;
10. Decides to retain the Old City of Jerusalem and its Walls on the List of World
Heritage in Danger.
29. Hebron/Al-Khalil Old Town (Palestine) (C 1565)
Year of inscription on the World Heritage List 2017
Criteria (ii)(iv)(vi)
Year(s) of inscription on the List of World Heritage in Danger 2017-present
Threats for which the property was inscribed on the List of World Heritage in Danger
The State Party outlined a series of threats in the nomination file, but none were specified by the
World Heritage Committee at the time of inscription
Desired state of conservation for the removal of the property from the List of World Heritage in Danger
Draft submitted by the State Party following expert meeting in Paris in December 2018, in accordance
with Decision 42 COM 7A.28
Corrective measures identified
Draft submitted by the State Party following expert meeting in Paris in December 2018, in accordance
with Decision 42 COM 7A.28
Timeframe for the implementation of the corrective measures
In progress
Previous Committee Decisions see page http://whc.unesco.org/en/list/1565/documents/
International Assistance
Requests approved: 1 (from 2018-2018)
Total amount approved: USD 60,000
For details, see page http://whc.unesco.org/en/list/1565/assistance/
UNESCO Extra-budgetary Funds
Total amount granted: USD 375,400 from the Government of Sweden for physical rehabilitation
Previous monitoring missions
N/A
Factors affecting the property identified in previous reports
Absence of Statement of Outstanding Universal Value at the time of inscription
Illustrative material see page http://whc.unesco.org/en/list/1565/
Current conservation issues
In January 2019, the State Party submitted a report on the state of conservation of the property, available
at https://whc.unesco.org/en/list/1565/documents/. Progress in addressing a number of conservation
issues identified by the Committee at its previous sessions is presented in the report, as follows:
The World Heritage Centre organized a meeting in Paris in December 2018 to discuss the
proposed Statement of Outstanding Universal Value (OUV), the proposed Desired state of
conservation for the removal of the property from the List of World Heritage in Danger (DSOCR)
and related corrective measures, as well as the proposed Management and Conservation Plan
for the property. Participants comprised experts from the ICOMOS, ICCROM, the State Party, the
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 6
inscribed on the List of World Heritage in Danger
UNESCO Ramallah field office, and the World Heritage Centre. The State Party report includes
a draft Statement of OUV, draft DSOCR and draft corrective measures;
The preparation of the Management and Conservation Plan is being funded under International
Assistance (IA). It will be carried out by the Ministry of Tourism and Antiquities, through a contract
with the UNESCO Ramallah Office;
The State Party has endorsed the Tangible Cultural Heritage Law, which prevents new
construction inside the property, and requires Heritage Impact Assessment Environmental Impact
Assessment (EIA) for major conservation projects;
The State Party has implemented projects to rehabilitate historic buildings and improve living
conditions, supported by various funding sources. Conservation works have also been
undertaken at Al-Haram Al-Ibrahimi /Tomb of Patriarchs;
The report highlights the impacts of vandalism, property damage and other incidents, noting that
800 such matters were reported in 2018;
Concern has been expressed at development projects planned by the Occupying Power, which
may adversely “impact the OUV of the property, including a plan to build 31 housing units for
settlers in the core zone.
The State Party considers that the property should remain on the List of World Heritage in Danger.
Analysis and Conclusions of the World Heritage Centre, ICOMOS and ICCROM
The State Party has submitted the proposed Statement of OUV, prepared in accordance with the
process adopted through Decision 42 COM 7A.28, to the World Heritage Centre for review by ICOMOS.
The adoption of the Statement of OUV by the Committee is a necessary precursor to finalization and
consideration of the draft DSOCR and draft corrective measures. The Statement of OUV is also a
fundamental foundation for the Management and Conservation Plan. This project should proceed in
close collaboration with the World Heritage Centre, UNESCO Ramallah Office and the Advisory Bodies.
The efforts of the State Party to begin the preparation of a Management and Conservation Plan for the
property should be commended, as should the conservation works that have been completed or are in
progress. Endorsement of a new legislation that would prevent new construction inside the property is
welcomed. It is recommended that the Committee remind the State Party that details of any significant
conservation and development projects should be submitted to the World Heritage Centre for review by
the Advisory Bodies, in accordance with Paragraph 172 of the Operational Guidelines.
Moreover, as circumstances permit, the processes for managing conservation and development projects
at the property should include preparation of HIAs in accordance with the 2011 ICOMOS Guidance on
HIAs for Cultural World Heritage Properties.
It is recommended that the property be retained on the List of World Heritage in Danger.
Draft Decision: 43 COM 7A.29
The World Heritage Committee,
1. Having examined Document WHC/19/43.COM/7A.Add.3,
2. Recalling Decision 42 COM 7A.28, adopted at its 42nd session (Manama, 2018),
3. Takes note of the consultations held between experts from UNESCO, the State Party
and the Advisory Bodies, to discuss the proposed Statement of Outstanding Universal
Value (SOUV), the proposed Desired state of conservation for the removal of the
property from the List of World Heritage in Danger (DSOCR), and the related corrective
measures, as well as the proposed Management and Conservation Plan for the property,
and invites the State Party to continue its efforts to finalize the above documents;
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State of conservation of the properties WHC/19/43.COM/7A.Add.3, p. 7
inscribed on the List of World Heritage in Danger
4. Commends the State Party for actions that are being undertaken to conserve significant
attributes of the property;
5. Reminds the State Party to submit to the World Heritage Centre, for review by the
Advisory Bodies, detailed information on any significant conservation and development
projects, particularly those with potential adverse heritage impact, in accordance with
Paragraph 172 of the Operational Guidelines;
6. Also requests the State Party to submit to the World Heritage Centre, by
1 February 2020, an updated report on the state of conservation of the property and the
implementation of the above, for examination by the World Heritage Committee at its
44th session in 2020;
7. Decides to retain Hebron/Al-Khalil Old Town (Palestine) on the List of World
Heritage in Danger.
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Executive Board 207 EX/Decisions
Job: 201906352
Job: 201913385
*
PARIS, 23 November 2019
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 207th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 9 October – 23 October 2019)*
Two hundred and seventh session
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TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS........................................................................ 1
1 Agenda and timetable of work and report of the Bureau ........................................................ 1
2 Approval of the summary records of the 206th session.......................................................... 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board.................................................................. 1
REPORTING ITEMS....................................................................................................................... 1
4 Execution of the programme adopted by the General Conference......................................... 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions ......................................................... 4
PROGRAMME MATTERS............................................................................................................13
6 SDG 4 – Education 2030 .....................................................................................................13
7 UNESCO recommendation on open science .......................................................................15
8 Memory of the World Programme ........................................................................................16
9 Report on the implementation of the Information for All Programme (IFAP) (2018-2019)..... 16
10 UNESCO Prizes ..................................................................................................................17
11 Comprehensive partnership strategy ...................................................................................19
INSTITUTES AND CENTRES ......................................................................................................20
12 Management of the education-related category 1 institutes ................................................. 20
13 Future of the International Bureau of Education (IBE) ..........................................................21
14 Management framework ......................................................................................................21
15 Proposals for the establishment of institutes and centres.....................................................22
16 Reviews and renewals .........................................................................................................28
PROGRAMMING AND BUDGETING...........................................................................................31
17 Draft Programme and Budget (40 C/5).................................................................................31
METHODS OF WORK OF THE ORGANIZATION........................................................................38
18 Report by the Executive Board on its activities and programme implementation.................. 38
19 Reports by the Joint Inspection Unit (JIU) of interest to UNESCO........................................ 39
20 Preparatory Group of the Executive Board and its methods of work .................................... 40
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21 Follow-up and implementation of relevant recommendations endorsed
by the General Conference in 39 C/Res.87 – Governance, procedures
and working methods of the governing bodies of UNESCO................................................. 42
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS...................................... 42
22 Communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3...................................... 42
23 Implementation of standard-setting instruments...................................................................42
24 Protocol instituting a Conciliation and Good Offices Commission to be responsible
for seeking the settlement of any disputes which may arise between States Parties
to the Convention against Discrimination in Education: Nominations and report
of the Committee on Conventions and Recommendations thereon...................................... 47
25 Follow-up to previous reviews of the working methods, procedures and practices
of the Committee on Conventions and Recommendations...................................................48
26 Revision of the Statutes of the Intergovernmental Committee for
Physical Education and Sport (CIGEPS)..............................................................................49
GENERAL CONFERENCE ..........................................................................................................49
27 Preparation of the 40th session of the General Conference.................................................49
ADMINISTRATIVE AND FINANCIAL QUESTIONS.....................................................................53
28 Report as at 31 December 2018 on the implementation of the recommendations
of the External Auditor and his comments thereon...............................................................53
29 Financial report and audited consolidated financial statements relating to the accounts
of UNESCO for the year ending 31 December 2018 and report by the External Auditor ...... 53
[30 Actual position concerning all payment plans]......................................................................54
31 Report by the Director-General, in cooperation with the Headquarters Committee,
on managing the UNESCO complex....................................................................................54
32 Financial Regulations of Special Accounts...........................................................................57
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS ............................................................57
33 Relations with non-governmental partners ...........................................................................57
34 Celebration of anniversaries ................................................................................................58
35 Memorandum of understanding between the World Meteorological Organization
(WMO) and the Intergovernmental Oceanographic Commission (IOC) ................................ 59
36 Memorandum of Understanding between the Intergovernmental Oceanographic
Commission (IOC) and the Food and Agriculture Organization (FAO), the International
Atomic Energy Agency (IAEA) and the World Health Organization (WHO) on ciguatera
poisoning .............................................................................................................................59
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37 Memorandum of understanding between UNESCO and
the Ibero-American General Secretariat (SEGIB)................................................................. 60
GENERAL MATTERS ..................................................................................................................60
38 Occupied Palestine..............................................................................................................60
39 Implementation of 39 C/Resolution 55 and 206 EX/Decision 33
concerning educational and cultural institutions in the occupied Arab territories .................. 63
ADDITIONAL ITEMS....................................................................................................................66
40 World Day for African and Afrodescendant Culture..............................................................66
41 Contribution of the Earth Charter to UNESCO activities
concerning Education for Sustainable Development ............................................................67
42 World Logic Day ..................................................................................................................68
43 World Portuguese Language Day ........................................................................................69
[44 Children and Building a Culture of Peace]............................................................................69
45 Proclamation of an international year of basic sciences
for sustainable development in 2022....................................................................................69
46 UNESCO Week of Sound ....................................................................................................70
47 Strengthening the implementation of the 1970 Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property..............................................................................................................71
48 Early marriages and early and unintended pregnancies.......................................................73
49 Elimination of racial discrimination, racial hatred and racial hate crimes in the world ........... 74
[50 Underwater cultural heritage] ...............................................................................................76
51 Draft decision amending the Regulatory Framework
regarding Associations and Clubs for UNESCO...................................................................76
52 International day against violence and bullying at school including cyberbullying................. 77
PRIVATE MEETINGS...................................................................................................................79
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board................................................................79
22 Communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3...................................... 79
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3. Authorizes the Director-General to sign the memorandum of understanding on behalf of
the Intergovernmental Oceanographic Commission (IOC).
(207 EX/SR.1)
37 Memorandum of understanding between UNESCO and the Ibero-American General
Secretariat (SEGIB) (207 EX/2; 207 EX/37)
The Executive Board,
1. Having examined document 207 EX/37,
2. Approves the draft memorandum of understanding between UNESCO and the Ibero-
American General Secretariat (SEGIB) contained in Annex I to document 207 EX/37;
3. Authorizes the Director-General to sign the memorandum of understanding on behalf of
UNESCO.
(207 EX/SR.1)
GENERAL MATTERS
38 Occupied Palestine (207 EX/38; 207 EX/57)
The Executive Board,
1. Having examined document 207 EX/38 as well as the annexes attached to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 209th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX I
207 EX/PX/DR.38.1
PARIS, 14 October 2019
Original: English
Executive Board
Two hundred and seventh session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
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207 EX/Decisions – page 61
Item 38 OCCUPIED PALESTINE
DRAFT DECISION
The Executive Board,
1. Having examined document 207 EX/38,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2018 and 2019 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the sixteen decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.1,
200 EX/Decision 25, 201 EX/Decision 30, 202 EX/Decision 38, 204 EX/Decision 25 and
205 EX/Decision 28, 206 EX/Decision 32 and the ten World Heritage Committee decisions:
34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27,
40 COM/7A.13, 41 COM/7A.36, 42 COM/7A.21 and 43 COM/7A.22;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law, and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
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207 EX/Decisions – page 62
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
209th session, and invites the Director-General to submit to it a progress report thereon.
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 209th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
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ANNEX TO THE DOCUMENT
During the reporting period, the following correspondence has been received by the Secretariat in relation to
this item:
Date From Subject
2 April 2019 Alternate Permanent Delegate of
Palestine to UNESCO
Mother’s Day East Jerusalem
2 July 2019 Chargé d’Affaires a.i., Permanent
Delegation of Jordan to UNESCO
and Permanent Delegate of
Palestine to UNESCO
The Old City of Jerusalem and its
Walls
3 July 2019 ICOMOS Palestine The Old City of Jerusalem and its
Walls
3 July 2019 Hebron Rehabilitation Committee Hebron/Al-Khalil Old Town
5 July 2019 Chairperson of the Arab Group at
UNESCO
The Old City of Jerusalem and its
Walls
9 July 2019 Chair of the Organization of the
Islamic Cooperation in UNESCO
The Old City of Jerusalem and its
Walls
9 July 2019 Director-General of the Arab
League Educational, Cultural and
Scientific Organization (ALECSO)
The Old City of Jerusalem and its
Walls
5 September 2019 Secretary-General of the
Palestine Liberation Organization
Palestine: Land of Olives and
Vines – Cultural Landscape of
Southern Jerusalem, Battir
(207 EX/SR.6)
39 Implementation of 39 C/Resolution 55 and 206 EX/Decision 33 concerning educational
and cultural institutions in the occupied Arab territories (207 EX/39; 207 EX/57)
The Executive Board,
1. Having considered documents 207 EX/38 and 207 EX/39, as well as the annex to this
decision,
2. Recalling its previous decisions concerning “Educational and Cultural Institutions in the
Occupied Arab Territories”,
3. Decides to include this item in the agenda of its 209th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
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Executive Board 209 EX/Decisions
Job: 201906352
Job: 202002306
*
Paris, 10 August 2020
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 209th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 29 June – 10 July 2020)*
Two hundred and ninth session
HP EXHIBIT 237
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS........................................................................ 1
1 Agenda and timetable of work, report of the Bureau and election
of the Chairperson of the Finance and Administrative Commission (FA) ............................ 1
2 Approval of the summary records of the 207th and the 208th sessions ............................... 1
3 Report by the Director-General on the application of Rule 59 of the Rules of Procedure of
the Executive Board ............................................................................................................ 1
REPORTING ITEMS....................................................................................................................... 1
4 Execution of the programme adopted by the General Conference ...................................... 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions...................................................... 4
PROGRAMME MATTERS............................................................................................................14
Education......................................................................................................................................14
6 SDG 4 – Education 2030...................................................................................................14
7 Making evaluation work for the achievement of SDG 4 target 5:
equality and inclusion in education ...................................................................................16
8 Evaluation: “The future of UNESCO’s Education Sector: the normative
vs operational role in the context of the 2030 Agenda” .....................................................17
Science.........................................................................................................................................17
9 Evaluation of the International Geoscience and Geoparks programme (IGGP) ................ 17
Intersectoral activities ...................................................................................................................18
10 UNESCO Prizes ................................................................................................................18
INSTITUTES AND CENTRES ......................................................................................................19
Category 1 institutes and centres..................................................................................................19
11 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute ..........................................................................................19
12 Future of the International Bureau of Education (IBE) .......................................................20
Category 2 institutes and centres..................................................................................................20
[13 International Centre of Advanced Communication Studies for Latin America (CIESPAL) in
Ecuador]............................................................................................................................20
14 Reviews and renewals.......................................................................................................21
15 Cessations of centres........................................................................................................24
METHODS OF WORK OF THE ORGANIZATION........................................................................24
16 Amendment to Rule 48 of the Rules of Procedure of the Executive Board ........................ 24
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS...................................... 24
17 Examination of the communications transmitted to the Committee on Conventions and
Recommendations in pursuance of 104 EX/Decision 3.3, and report of the Committee
thereon..............................................................................................................................24
18 Implementation of standard-setting instruments ...............................................................25
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19 Follow-up to previous reviews of the working methods, procedures
and practices of the Committee on Conventions and Recommendations .......................... 28
ANNUAL REPORTS BY THE OVERSIGHT AND ETHICS FUNCTIONS..................................... 29
20 Annual report of the Internal Oversight Service (IOS)........................................................29
21 Annual report of the Ethics Office ......................................................................................29
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS ............................................................30
22 Memorandum of understanding between UNESCO
and the Gas Exporting Countries Forum (GECF) .............................................................30
23 Memorandum of understanding between UNESCO
and the South Pacific Tourism Organisation......................................................................30
GENERAL MATTERS ..................................................................................................................30
24 Occupied Palestine ...........................................................................................................30
25 Implementation of 40 C/Resolution 67 and 207 EX/Decision 39 concerning
educational and cultural institutions in the occupied Arab territories .................................. 34
26 Invitations to the Seventh International Conference of Ministers and
Senior Officials Responsible for Physical Education and Sport (MINEPS VII) .................. 36
27 Dates of the 210th session and provisional list of matters to be examined by the Executive
Board at its 210th session ................................................................................................. 37
ADDITIONAL ITEMS....................................................................................................................38
[28 Addressing climate change impacts on cultural and natural heritage]................................ 38
29 International Day of Conscience .......................................................................................38
30 Recommendations of the informal working group established by 6 X/EX/Decision 2
on the working methods for a virtual session of the Executive Board................................. 39
31 Impact of the COVID-19 pandemic on UNESCO’s programme and activities .................... 50
32 Global Priority Africa..........................................................................................................51
33 Extension of the mandate of the limited participant working group set up as part of the
comprehensive review of the Memory of the World Programme........................................ 54
PRIVATE MEETINGS...................................................................................................................55
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board ............................................................55
17 Examination of the communications transmitted to the Committee on Conventions and
Recommendations (CR) in pursuance of 104 EX/Decision 3.3 and report of the Committee
thereon..............................................................................................................................55
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209 EX/Decisions – page 30
5. Also requests the Director-General to provide the Ethics Office with substantial resources
for it to carry out its mission under good conditions;
6. Invites the Director-General to report to it at its 211th session on the annual report of the
Ethics Office.
(209 EX/SR.6)
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS
22 Memorandum of understanding between UNESCO and the Gas Exporting Countries
Forum (GECF) (209 EX/2; 209 EX/22)
The Executive Board,
1. Having examined document 209 EX/22,
2. Approves the memorandum of understanding between UNESCO and the Gas Exporting
Countries Forum (GECF) annexed to document 209 EX/22;
3. Authorizes the Director-General to sign the memorandum of understanding on behalf of
UNESCO.
(209 EX/SR.5)
23 Memorandum of understanding between UNESCO and the South Pacific Tourism
Organisation (SPTO) (209 EX/2; 209 EX/23)
The Executive Board,
1. Having examined document 209 EX/23,
2. Approves the memorandum of understanding between UNESCO and the South Pacific
Tourism Organisation (SPTO) annexed to document 209 EX/23;
3. Authorizes the Director-General to sign the memorandum of understanding on behalf of
UNESCO.
(209 EX/SR.5)
GENERAL MATTERS
24 Occupied Palestine (209 EX/24; 209 EX/37)
The Executive Board,
1. Having examined document 209 EX/24 as well as the annexes attached to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 210th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
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ANNEX I
209 EX/PX/DR.24.1
PARIS, 26 June 2020
Original: English Executive Board
Two hundred and ninth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 24 OCCUPIED PALESTINE
DRAFT DECISION
The Executive Board,
1. Having examined document 209 EX/24,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2019 and 2020 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the seventeen decisions of the Executive Board: 185 EX/Decision 14,
187 EX/Decision 11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11,
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209 EX/Decisions – page 32
194 EX/Decision 5.I.D, 195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32,
199 EX/Dec.19.1, 200 EX/Decision 25, 201 EX/Decision 30, 202 EX/Decision 38,
204 EX/Decision 25 and 205 EX/Decision 28, 206 EX/Decision 32 and 207 EX/Decision 38, and
the ten World Heritage Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23,
37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40 COM/7A.13, 41 COM/7A.36, 42 COM/7A.21
and 43 COM/7A.22;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law, and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
210th session, and invites the Director-General to submit to it a progress report thereon.
HP EXHIBIT 237
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209 EX/Decisions – page 33
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 210th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
ANNEX TO THE DOCUMENT
During the reporting period, the following correspondence has been received by the Secretariat in relation to
this item:
Date From Subject
10 October 2019 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO, with enclosed letter
from the Palestinian Institute for
Biodiversity and Sustainability of
the Bethlehem University
Palestine Land of Olives and
Vines – Cultural Landscape of
Southern Jerusalem, Battir
18 December 2019 Ambassador, Permanent
Delegate of Jordan to UNESCO
and Ambassador, Permanent
Delegate of Palestine to
UNESCO
The Old City of Jerusalem and its
Walls
17 January 2020 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO
Hebron/Al-Khalīl Old Town
22 January 2020 Ambassador, Permanent
Delegate of Jordan to UNESCO
and Ambassador, Permanent
Delegate of Palestine to
UNESCO
The Old City of Jerusalem and its
Walls
27 January 2020 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO
Hebron/Al-Khalīl Old Town
29 April 2020 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO, with enclosed letter
from the Minister of Foreign
Affairs and Expatriates
Hebron/Al-Khalīl Old Town
HP EXHIBIT 237
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209 EX/Decisions – page 34
18 May 2020 Ambassador, Permanent
Delegate of Palestine to
UNESCO
Hebron/Al-Khalīl Old Town
17 June 2020 Ambassador of Israel to
International Organizations
The Old City of Jerusalem and its
Walls
(209 EX/SR.5)
25 Implementation of 40 C/Resolution 67 and 207 EX/Decision 39 concerning educational
and cultural institutions in the occupied Arab territories (209 EX/24; 209 EX/25;
209 EX/37)
The Executive Board,
1. Having considered documents 209 EX/24 and 209 EX/25, as well as the annex to this
decision,
2. Recalling its previous decisions concerning “Educational and Cultural Institutions in the
Occupied Arab Territories”,
3. Decides to include this item in the agenda of its 210th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX
209 EX/PX/DR.25.1
PARIS, 26 June 2019
Original: English
Executive Board
Two hundred and ninth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 25 IMPLEMENTATION OF 40 C/RESOLUTION 67 AND 207 EX/DECISION 39 CONCERNING
EDUCATIONAL AND CULTURAL INSTITUTIONS IN THE OCCUPIED ARAB TERRITORIES
DRAFT DECISION
The Executive Board,
I OCCUPIED PALESTINE
1. Recalling 185 EX/Decision 36 and 38 C/Resolution 72 as well as Article 26 of the Universal Declaration
of Human Rights with regard to the right to education, Articles 24, 50 and 94 of the Fourth Geneva
Convention with regard to the denial of the right of children to education, as well as the Hague
Convention (1954) and its additional Protocols and the Convention for the Protection of the World
Cultural and Natural Heritage (1972), also recalling the International Court of Justice’s Advisory Opinion
of 9 July 2004 on the “Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory”,
HP EXHIBIT 237
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Executive Board 210 EX/Decisions
Job: 201906352
Job: 202100377
*
Paris, 26 February 2021
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 210th SESSION
* Including the meetings of the subsidiary bodies.
(Paris, 2 December 2020 – 27 January 2021)*
Two hundred and tenth session
HP EXHIBIT 238
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS .......................................................................... 1
1 Agenda and report of the Bureau ........................................................................................ 1
2 Approval of the summary records of the 6th special session and the 209th session ............ 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board ............................................................... 1
REPORTING ITEMS ....................................................................................................................... 1
4 Execution of the programme adopted by the General Conference ...................................... 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions ....................................................... 2
PROGRAMME MATTERS ............................................................................................................ 10
Education ...................................................................................................................................... 10
6 SDG 4–Education 2030 ..................................................................................................... 10
Global/regional coordination and support ...................................................................................... 10
7 United Nations University: Report by the Council of the University
and the Director-General’s comments thereon .................................................................. 11
8 Interim report on developing an International Standard Classification
for teacher-training programmes, ISCED-T ....................................................................... 12
9 Internal Oversight Service (IOS) evaluation of UNESCO’s Latin American
Laboratory for Assessment of the Quality of Education (LLECE) ....................................... 12
Natural sciences ........................................................................................................................... 13
10 Internal Oversight Service (IOS) Mid-term Evaluation of
the Man and the Biosphere (MAB) Programme Strategy (2015-2025)
and its Lima Action Plan (2016-2025) ................................................................................ 13
Social and human sciences .......................................................................................................... 13
11 Internal Oversight Service (IOS) evaluation of UNESCO’s work in the thematic
area of history, memory and intercultural dialogue for inclusive societies .......................... 13
Culture .......................................................................................................................................... 13
12 International Fund for the Promotion of Culture (IFPC) ...................................................... 14
13 Internal Oversight Service (IOS) evaluation of UNESCO’s action to protect culture in
emergencies ...................................................................................................................... 14
Communication and information .................................................................................................... 15
14 Internal Oversight Service (IOS) evaluation of UNESCO’s work in the thematic
area of Media and Information Literacy (MIL) .................................................................... 15
Intersectoral activities ................................................................................................................... 15
UNESCO Prizes............................................................................................................................ 15
15 Proposal for the establishment of a UNESCO-Bangladesh Bangabandhu
Sheikh Mujibur Rahman International Prize for the Creative Economy .............................. 15
16 Reviews and renewals ....................................................................................................... 16
17 Impact of the COVID-19 pandemic on UNESCO’s programme and activities .................... 18
HP EXHIBIT 238
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(ii)
18 Internal Oversight Service (IOS) joint audit and evaluation
of UNESCO’s Global Priority Gender Equality ................................................................... 18
19 Internal Oversight Service (IOS) evaluation of UNESCO’s action
to prevent violent extremism .............................................................................................. 19
INSTITUTES AND CENTRES ...................................................................................................... 19
Category 1 institutes and centres .................................................................................................. 19
20 Implementation of 209 EX/Decision 12 concerning
the International Bureau of Education (IBE) ....................................................................... 19
Category 2 institutes and centres .................................................................................................. 20
21 Reviews and renewals ....................................................................................................... 20
PROGRAMMING AND BUDGETING ........................................................................................... 23
22 Preliminary proposals by the Director-General concerning
the Draft Medium-Term Strategy for 2022-2029 (41 C/4)
and Draft Programme and Budget for 2022-2025 (41 C/5) ................................................ 23
METHODS OF WORK OF THE ORGANIZATION ........................................................................ 30
23 Reports by the Joint Inspection Unit (JIU) of interest to UNESCO ..................................... 30
24 Consideration of the procedure to be followed for the nomination
of the Director-General of the Organization ....................................................................... 31
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS...................................... 31
25 Examination of the communications transmitted to
the Committee on Conventions and Recommendations (CR)
in pursuance of 104 EX/Decision 3.3, and report of the Committee thereon ...................... 31
26 Implementation of standard-setting instruments ................................................................ 31
27 Follow-up to previous reviews of the working methods, procedures
and practices of the Committee on Conventions and Recommendations .......................... 33
ADMINISTRATIVE AND FINANCIAL QUESTIONS ..................................................................... 33
28 Financial report and audited consolidated financial statements relating
to the accounts of UNESCO for the year ending 31 December 2019
and report by the External Auditor ..................................................................................... 33
29 Report by the Director-General, in cooperation with the Headquarters Committee,
on managing the UNESCO complex ................................................................................. 33
30 Collection of Member States’ contributions ........................................................................ 34
31 Financial Regulations of Special Accounts ........................................................................ 35
32 Concept paper on a sustainable financial management strategy for UNESCO .................. 35
33 Cost-recovery policy review ............................................................................................... 36
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS .................................................... 37
34 Relations with non-governmental partners ......................................................................... 37
35 Invitations to intergovernmental meetings (category II) related to
the draft recommendation on the ethics of artificial intelligence ......................................... 38
GENERAL MATTERS .................................................................................................................. 39
36 Occupied Palestine ........................................................................................................... 39
HP EXHIBIT 238
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37 Implementation of 40 C/Resolution 67 and 209 EX/Decision 25 concerning
educational and cultural institutions in the occupied Arab territories .................................. 42
38 Dates of the 211th session and provisional list of matters
to be examined by the Executive Board ............................................................................ 44
ADDITIONAL ITEMS .................................................................................................................... 45
[39 The change of use of listed world heritage monuments and the duty of the international
community to protect: the recent cases of Hagia Sophia and Chora Museums] ................ 45
40 Addressing climate change impacts on cultural and natural heritage ................................. 45
41 Invitations to the intergovernmental meeting of experts (category II)
to examine the draft UNESCO recommendation on open science ..................................... 46
42 Letter of agreement between UNESCO
and the Andean Development Corporation (CAF) ............................................................. 47
43 World Novel Week ............................................................................................................. 47
44 Li Beirut: Reviving the city of Beirut through culture and education.................................... 48
45 Meeting of culture ministers in the framework of the G20 .................................................. 49
46 The development of the concept of organizing UNESCO Youth Forums ........................... 49
PRIVATE MEETINGS ................................................................................................................... 51
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board ............................................................. 51
25 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3
and report of the Committee thereon ................................................................................. 51
HP EXHIBIT 238
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210 EX/Decisions – page 39
5. Appeals to Member States and potential donors to make voluntary contributions for the
organization of two intergovernmental meetings of experts (category II) appointed by
Member States, to ensure a full-fledged and participatory consultative process.
(210 EX/SR.4)
GENERAL MATTERS
36 Occupied Palestine (210 EX/36; 210 EX/51.I)
The Executive Board,
1. Having examined document 210 EX/36 as well as the annexes attached to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 211th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX I
210 EX/PX/DR.36.1
PARIS, 26 October 2020
Original: English Executive Board
Two hundred and tenth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 36 OCCUPIED PALESTINE
DRAFT DECISION
The Executive Board,
1. Having examined document 210 EX/36,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
HP EXHIBIT 238
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210 EX/Decisions – page 40
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2020 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the eighteen decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision
11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.1,
200 EX/Decision 25, 201 EX/Decision 30, 202 EX/Decision 38, 204 EX/Decision 25 and
205 EX/Decision 28, 206 EX/Decision 32, 207 EX/Decision 38 and 209 EX/Decision 25, and the
ten World Heritage Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23,
37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40 COM/7A.13, 41 COM/7A.36, 42 COM/7A.21
and 43 COM/7A.22;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law, and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-Khalil/Hebron
and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
HP EXHIBIT 238
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210 EX/Decisions – page 41
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
211th session, and invites the Director-General to submit to it a progress report thereon.
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 211th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
ANNEX TO THE DOCUMENT
During the reporting period, the following correspondence has been received by the Secretariat in relation to
this item:
Date From Subject
10 July 2020 Ambassador, Permanent
Delegate of Jordan to
UNESCO and Ambassador,
Permanent Delegate of
Palestine to UNESCO
The Old City of Jerusalem and its
Walls
21 July 2020 Ambassador, Alternate
Permanent Delegate of
Palestine to UNESCO
The Old City of Jerusalem and its
Walls
HP EXHIBIT 238
1924
210 EX/Decisions – page 42
21 July 2020 Ambassador, Alternate
Permanent Delegate of
Palestine to UNESCO
Removal of Cultural Property
from the Occupied Territory of
Palestine
26 July 2020 Minister of Culture of Palestine Cultural institutions in Jerusalem
24 September 2020 Ambassador, Alternate
Permanent Delegate of
Palestine to UNESCO
Archaeological sites in the
Governorate of Salfit
(210 EX/SR.6)
37 Implementation of 40 C/Resolution 67 and 209 EX/Decision 25 concerning educational
and cultural institutions in the occupied Arab territories (210 EX/36; 210 EX/37;
210 EX/51.I)
The Executive Board,
1. Having considered documents 210 EX/36 and 210 EX/37, as well as the annex to this
decision,
2. Recalling its previous decisions concerning “Educational and Cultural Institutions in the
Occupied Arab Territories”,
3. Decides to include this item in the agenda of its 211th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX
210 EX/PX/DR.37.1
PARIS, 26 October 2020
Original: English
Executive Board
Two hundred and tenth session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 37 IMPLEMENTATION OF 40 C/RESOLUTION 67 AND 209 EX/DECISION 25 CONCERNING
EDUCATIONAL AND CULTURAL INSTITUTIONS IN THE OCCUPIED ARAB TERRITORIES
DRAFT DECISION
The Executive Board,
HP EXHIBIT 238
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Executive Board 211 EX/Decisions
Job: 201906352
Job: 202101602
*
Paris, 21 May 2021
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 211th SESSION
* Including the meetings of the subsidiary bodies.
(Paris, 7 April – 21 April 2021)*
Two hundred and eleventh session
HP EXHIBIT 239
1926
(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS ......................................................................... 1
1 Agenda and report of the Bureau .......................................................................................... 1
2 Approval of the summary records of the 210th session ........................................................ 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board ................................................................ 1
REPORTING ITEMS ........................................................................................................................ 1
4 Execution of the programme adopted by the General Conference ....................................... 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions ...................................................... 3
PROGRAMME MATTERS ............................................................................................................ 11
Education ........................................................................................................................................ 11
6 SDG 4–Education 2030 - Global/regional coordination and support ................................. 11
7 Future of UNESCO’s Education Sector: follow-up to the evaluation
of the Internal Oversight Service (IOS) .............................................................................. 11
Natural sciences ............................................................................................................................. 12
8 UNESCO Global Geoparks ................................................................................................ 12
Social and Human Sciences ........................................................................................................... 12
9 UNESCO’s engagement with youth and its Youth Forum ................................................... 12
Communication and information ..................................................................................................... 13
10 Comprehensive review of the Memory of the World Programme........................................ 13
11 Internal Oversight Service (IOS) evaluation of UNESCO’s action to revitalize
and promote indigenous languages within the framework of the International Year
of Indigenous Languages (2019) ....................................................................................... 13
Intersectoral activities ..................................................................................................................... 14
12 UNESCO Strategy on Technological Innovation in Education (2021-2025) ...................... 14
13 Internal Oversight Service (IOS) evaluation of the Operational Strategy
for Priority Africa (2014-2021) ............................................................................................ 14
UNESCO Prizes: Reviews and renewals ........................................................................................ 15
14 UNESCO-Confucius Prize for Literacy ............................................................................... 15
INSTITUTES AND CENTRES ........................................................................................................ 15
Category 1 institutes and centres ................................................................................................... 15
15 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute ............................................................................................ 15
16 Implementation of 209 EX/Decision 12 concerning the
International Bureau of Education (IBE) .............................................................................. 16
Category 2 institutes and centres ................................................................................................... 17
17 Reviews and renewals ........................................................................................................ 17
HP EXHIBIT 239
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(ii)
PROGRAMMING AND BUDGETING ............................................................................................ 20
18 Draft Medium-Term Strategy for 2022-2029 (41 C/4) and Draft Programme and Budget for
2022-2025 (41 C/5) ............................................................................................................. 20
METHODS OF WORK OF THE ORGANIZATION ......................................................................... 24
19 Procedure for the nomination of the Director-General of the Organization (Interviews) .... 24
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS ..................................... 24
20 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3 and
report of the Committee thereon ......................................................................................... 24
21 Implementation of standard-setting instruments ................................................................. 24
22 Follow-up to previous reviews of the working methods, procedures and
practices of the Committee on Conventions and Recommendations .................................. 26
ADMINISTRATIVE AND FINANCIAL QUESTIONS ..................................................................... 26
23 Policy on the utilization of the Special Account for Capital and
Strategic Investments (CSI) ................................................................................................ 26
24 Cost-recovery policy review ................................................................................................ 28
25 Financial Regulations of Special Accounts ......................................................................... 29
26 Appointment by the Executive Board of the Chairperson and
the Alternate Chairperson of the Appeals Board ................................................................ 29
GENERAL CONFERENCE ............................................................................................................ 30
27 Preparation of the 41st session of the General Conference ............................................... 30
ANNUAL REPORTS BY THE OVERSIGHT AND ETHICS FUNCTIONS ..................................... 31
28 Annual Report of the Internal Oversight Service (IOS) ....................................................... 31
29 Annual report of the Ethics Office ....................................................................................... 32
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS ............................................................. 32
30 Celebration of anniversaries ............................................................................................... 32
[31 Memorandum of Understanding between the Intergovernmental Oceanographic
Commission (IOC) of UNESCO and the Indian Ocean Rim Association (IORA)] ............... 36
[32 Memorandum of Understanding between the Intergovernmental Oceanographic
Commission (IOC) of UNESCO and the Pacific Community (SPC)] ................................... 36
GENERAL MATTERS .................................................................................................................... 36
33 Occupied Palestine ............................................................................................................. 36
34 Implementation of 40 C/Resolution 67 and 210 EX/Decision 37
concerning educational and cultural institutions in the occupied Arab territories ................ 39
35 Dates of the 212th and 213th sessions of the Executive Board and 41st session
of the General Conference, and provisional list of matters to be examined by
the Executive Board at its 212th session ........................................................................... 41
ADDITIONAL ITEMS ...................................................................................................................... 42
36 International day for biosphere reserves ............................................................................. 42
37 International geodiversity day ............................................................................................. 43
HP EXHIBIT 239
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38 Preliminary study on the technical and legal aspects relating to the desirability
of revising the 1974 Recommendation concerning Education for International
Understanding, Cooperation and Peace and Education relating to Human Rights
and Fundamental Freedoms ............................................................................................... 44
39 A Framework for Culture and Arts Education ..................................................................... 45
40 Invitations to the International Conference of States for the revision of
the 1978 Convention on the Recognition of Studies, Diplomas and
Degrees in Higher Education in the Arab States ................................................................. 47
PRIVATE MEETINGS ..................................................................................................................... 48
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board .............................................................. 48
20 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3 and report of the
Committee thereon .............................................................................................................. 48
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211 EX/Decisions – page 36
(52) 500th anniversary of the first round-the-world expedition of Fernando de
Magallanes and Juan Sebastián Elcano (1522) (Spain, with the support of Andorra,
Chile and Portugal)
(53) 100th anniversary of the birth of Her Royal Highness Princess Galyani Vadhana
Krom Luang Naradhiwas Rajanagarindra (1923-2008) (Thailand, with the support
of China, Egypt, France, Morocco, Russian Federation and Switzerland)
(54) 600th anniversary of the death of Süleyman Çelebi, philosopher and poet (1351-
1422) (Turkey, with the support of Azerbaijan, Bosnia and Herzegovina, Georgia,
Malaysia, North Macedonia, Romania and Ukraine)
(55) 50th anniversary of the death of Âşık Veysel, poet and musician (1894-1973)
(Turkey, with the support of Azerbaijan, Hungary, Kazakhstan, Kyrgyzstan, North
Macedonia, Ukraine and Uzbekistan)
(56) 300th anniversary of the birth of Hryhorii Skovoroda (1722-1794) (Ukraine, with the
support of Lithuania, Poland and Turkey)
(57) 150th anniversary of the birth of Solomiya Krushelnytska (1872-1952) (Ukraine,
with the support of Italy, Lithuania, Poland and Turkey)
(58) 1050th anniversary of the birth of Abu Raykhon Beruniy, scholar (973-1048)
(Uzbekistan, with the support of the Islamic Republic of Iran, Tajikistan and Turkey)
(59) 250th anniversary of the birth of Ho Xuan Huong, poet (1772-1822) (Viet Nam, with
the support of India, Japan, Republic of Korea and Thailand)
(60) 200th anniversary of the birth of Nguyen Dinh Chieu, poet (1822-1888) (Viet Nam,
with the support of India, Japan, Republic of Korea and Thailand).
(211 EX/SR.6)
[31 Memorandum of Understanding between the Intergovernmental Oceanographic
Commission (IOC) of UNESCO and the Indian Ocean Rim Association (IORA)]
This item was postponed: see the footnote in document 211 EX/1 Prov. Rev.
[32 Memorandum of Understanding between the Intergovernmental Oceanographic
Commission (IOC) of UNESCO and the Pacific Community (SPC)]
This item was postponed: see the footnote in document 211 EX/1 Prov. Rev.
GENERAL MATTERS
33 Occupied Palestine (211 EX/33; 211 EX/43)
The Executive Board,
1. Having examined document 211 EX/33 as well as the annexes attached to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 212th session, and invites the Director-
General to submit to it a follow-up report thereon.
HP EXHIBIT 239
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211 EX/Decisions – page 37
- - - - - - - - - -
ANNEX I
211 EX/PX/DR.33.1
PARIS, 9 April 2021
Original: English Executive Board
Two hundred and eleventh session
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 33 OCCUPIED PALESTINE
DRAFT DECISION
The Executive Board,
1. Having examined document 211 EX/33,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2020 and 2021 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the nineteen decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision
11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec.19.1,
HP EXHIBIT 239
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211 EX/Decisions – page 38
200 EX/Decision 25, 201 EX/Decision 30, 202 EX/Decision 38, 204 EX/Decision 25 and
205 EX/Decision 28, 206 EX/Decision 32, 207 EX/Decision 38, 209 EX/Decision 24 and
210 EX/Decision 36, and the ten World Heritage Committee decisions: 34 COM/7A.20,
35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27, 40 COM/7A.13,
41 COM/7A.36, 42 COM/7A.21 and 43 COM/7A.22;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law, and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-Khalil/Hebron
and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
212th session, and invites the Director-General to submit to it a progress report thereon.
HP EXHIBIT 239
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211 EX/Decisions – page 39
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 212th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
ANNEX TO THE DOCUMENT
During the reporting period, the following correspondence has been received by the Secretariat in
relation to this item:
Date From Subject
23 November 2020 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO
Hebron/Al-Khalīl Old Town
8 December 2020 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO
Gethsemane Church in East
Jerusalem
5 February 2021 Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO
Hebron/Al-Khalīl Old Town
9 February 2021 Ambassador, Permanent
Delegate of the Hashemite
Kingdom of Jordan to UNESCO
and Ambassador, Alternate
Permanent Delegate of Palestine
to UNESCO
Al-Yousifieh Islamic Cemetery in
Jerusalem
18 March 2021 Ambassador of Israel to
International Organizations
The Old City of Jerusalem and its
Walls
(211 EX/SR.6)
34 Implementation of 40 C/Resolution 67 and 210 EX/Decision 37 concerning educational
and cultural institutions in the occupied Arab territories (211 EX/33; 211 EX/34;
211 EX/43)
The Executive Board,
1. Having considered documents 211 EX/33 and 211 EX/34, as well as the annex to this
decision,
HP EXHIBIT 239
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World Heritage 44 COM
WHC/21/44.COM/18
Paris, 31 July 2021
Original: English / French
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION
CONVENTION CONCERNING THE PROTECTION OF
THE WORLD CULTURAL AND NATURAL HERITAGE
WORLD HERITAGE COMMITTEE
Extended forty-fourth session
Fuzhou (China) / Online meeting
16 - 31July 2021
Decisions adopted
during the extended 44th session
of the World Heritage Committee
(Fuzhou (China) / Online meeting, 2021)
HP EXHIBIT 240
1934
TABLE OF CONTENTS
EXTENDED 44TH SESSION OF THE WORLD HERITAGE COMMITTEE (2021)
OPENING SESSION
1. Opening session
2. Admission of Observers
3. Adoption of the Agenda and the Timetable
3A. Adoption of the Agenda
3B. Adoption of the Timetable
REPORTS
4. Report of the Rapporteur of the 43rd session of the World Heritage Committee
(Baku, 2019)
5. Reports of the World Heritage Centre and the Advisory Bodies
5A. Report of the World Heritage Centre on its activities and the
implementation of the World Heritage Committee’s decisions
5B. Reports of the Advisory Bodies
5C. Progress report on Priority Africa, Sustainable Development and World
Heritage
5D. World Heritage Convention and Sustainable Development
6. Follow-up to the World Heritage Capacity-Building Strategy and Progress report
on the World Heritage-related category 2 centres
EXAMINATION OF THE STATE OF CONSERVATION
7. State of conservation of World Heritage properties
7A. State of conservation of World Heritage properties inscribed on the List
of World Heritage in Danger
7B. State of conservation of World Heritage properties inscribed on the World
Heritage List
7C. Draft Updated Policy Document on the impacts of Climate Change on
World Heritage properties
ESTABLISHMENT OF THE WORLD HERITAGE LIST AND OF THE LIST OF WORLD
HERITAGE IN DANGER
8. Nomination process
8A. Tentative Lists submitted by States Parties as of 15 April 2021
8B. Nominations to the World Heritage List
8C. Update of the World Heritage List and of the List of World Heritage in
Danger
Decisions adopted during the extended 44th session
of the World Heritage Committee
WHC/21/44.COM/18, p. 1
HP EXHIBIT 240
1935
8D. Clarifications of property boundaries and areas by States Parties
8E. Review and approval of retrospective Statements of Outstanding
Universal Value
GLOBAL STRATEGY FOR A REPRESENTATIVE, BALANCED AND CREDIBLE WORLD
HERITAGE LIST
9. Global Strategy for a representative, balanced and credible World Heritage List
9A. Upstream Process
PERIODIC REPORTS
10. Periodic Reports
10A. Report on the results of the Third Cycle of the Periodic Reporting exercise
in the Arab States
10B. Report on the results of the Third Cycle of the Periodic Reporting exercise
in Africa
10C. Progress report on the implementation of the Action Plans for the Second
Cycle of Periodic Reporting in all regions
10D. Progress report on the Third Cycle of Periodic Reporting in the other
regions
WORKING METHODS AND TOOLS
11. Follow-up to Recommendations of Evaluations and Audits on Working Methods
and outcomes of the ad-hoc working group
12. Revision of the Operational Guidelines
FINANCIAL AND ADMINISTRATIVE ISSUES
13. International Assistance
14. Presentation of the final accounts of the World Heritage Fund for 2018-2019,
Report on the execution of the budget for the biennium 2020-2021, Budget
proposal of the World Heritage Fund under the biennium 2022-2023 and follow-up
to Decision 43 COM 14
15. Other business
CLOSING SESSION
16. Election of the Chairperson, Vice-Chairpersons and Rapporteur of the 45th
session of the World Heritage Committee
17. Provisional Agenda of the 45th session of the World Heritage Committee
18. Adoption of Decisions
19. Closing session
Decisions adopted during the extended 44th session
of the World Heritage Committee
WHC/21/44.COM/18, p. 2
HP EXHIBIT 240
1936
through the “Revive the Spirit of Mosul” initiative, in order to implement short-, mediumand
long-term measures;
9. Also requests the World Heritage Centre to present at its 45th session in 2022 a report
on the activities related to cultural heritage undertaken within the framework of the
“Revive the Spirit of Mosul” initiative;
10. Further requests the State Party to submit to the World Heritage Centre, by 1 February
2022, an updated report on the state of conservation of the properties and the
implementation of the above, for examination by the World Heritage Committee at its
45th session.
10. Old City of Jerusalem and its Walls (site proposed by Jordan) (C 148 rev)
Decision: 44 COM 7A.10
The World Heritage Committee,
1. Having considered document WHC/21/44.COM/7A.Add.2 and the Annex attached to this
decision,
2. Recalling its previous decisions concerning the Old City of Jerusalem and its Walls,
3. Decides that the status of the Old City of Jerusalem and its Walls relating to the World
Heritage List remains unchanged as reflected in Decisions 43 COM 7A.22 and
43 COM 8C.2 of its last session.
--
ANNEX
The World Heritage Committee
44th session of the Committee (44 COM)
Item 10: Old City of Jerusalem and its Walls (site proposed by Jordan)
The World Heritage Committee,
1. Having examined Document WHC/21/44.COM/7A.Add.2,
2. Recalling the relevant provisions on the protection of cultural heritage including the four
Geneva Conventions (1949), the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict (1954) and its related protocols, the Convention
on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970), the Convention for the Protection of the World
Cultural and Natural Heritage (1972), the New Delhi UNESCO Recommendation of 1956
concerning excavations undertaken in occupied territories, the inscription of the Old City
of Jerusalem and its Walls at the request of Jordan on the World Heritage List (1981)
and on the List of World Heritage in Danger (1982) and related recommendations,
resolutions and decisions of UNESCO,
Decisions adopted during the extended 44th session
of the World Heritage Committee
WHC/21/44.COM/18, p. 27
HP EXHIBIT 240
1937
3. Reaffirming that nothing in the present decision, which aims at the safeguarding of the
authenticity, integrity and cultural heritage of the Old City of Jerusalem on both sides of
its Walls, shall in any way affect the relevant United Nations resolutions and decisions,
in particular the relevant Security Council resolutions on the legal status of Jerusalem,
including United Nations Security Council resolution 2334 (2016),
4. Also reaffirming the importance of the Old City of Jerusalem and its Walls for the three
monotheistic religions,
5. Reminding that all legislative and administrative measures and actions taken by Israel,
the occupying Power, which have altered or purport to alter the character and status of
the Holy City of Jerusalem, and in particular the "basic law" on Jerusalem, are null and
void and must be rescinded forthwith,
6. Further recalling the 20 decisions of the Executive Board: 185 EX/Decision 14,
187 EX/Decision 11, 189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11,
194 EX/Decision 5.D, 195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32,
199 EX/Decision 19.1, 200 EX/Decision 25, 201 EX/PX 30.1, 202 EX/Decision 38,
204 EX/Decision 25, 205 EX/Decision 28, 206 EX/Decision 32, 207 EX/Decision 38,
209 EX/Decision 24, 210 EX/Decision 36, and 211 EX/Decision 33, and the 10 World
Heritage Committee decisions: 34 COM 7A.20, 35 COM 7A.22, 36 COM 7A.23,
37 COM 7A.26, 38 COM 7A.4, 39 COM 7A.27, 40 COM 7A.13, 41 COM 7A.36,
42 COM 7A.21 and 43 COM 7A.22,
7. Regrets the failure of the Israeli occupying authorities to cease the persistent
excavations, tunneling, works, projects and other illegal practices in East Jerusalem,
particularly in and around the Old City of Jerusalem, which are illegal under international
law and reiterates its request to Israel, the occupying Power, to prohibit all violations
which are not in conformity with the provisions of the relevant UNESCO conventions,
resolutions and decisions;
8. Also regrets the Israeli refusal to implement the UNESCO request to the Director-
General to appoint a permanent representative to be stationed in East Jerusalem to
report on a regular basis about all aspects covering the fields of competence of UNESCO
in East Jerusalem, and reiterates its request to the Director-General to appoint, as soon
as possible, the above-mentioned representative;
9. Stresses again the urgent need to implement the UNESCO reactive monitoring mission
to the Old City of Jerusalem and its Walls, and invites the Director-General and the World
Heritage Centre, to exert all possible efforts, in line with their mandates and in conformity
with the provisions of the relevant UNESCO conventions, decisions and resolutions, to
ensure the prompt implementation of the mission and, in case of non-implementation, to
propose possible effective measures to ensure its implementation;
10. Decides to retain the Old City of Jerusalem and its Walls on the List of World
Heritage in Danger.
11. Archaeological Site of Cyrene (Libya) (C 190)
Decision: 44 COM 7A.11
The World Heritage Committee,
1. Having examined Document WHC/21/44.COM/7A,
2. Recalling Decision 43 COM 7A.23, adopted at its 43rd session (Baku, 2019),
Decisions adopted during the extended 44th session
of the World Heritage Committee
WHC/21/44.COM/18, p. 28
HP EXHIBIT 240
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214 EX/Decisions
Job: 202201251
Executive Board
Two hundred and fourteenth session
Paris, 13 May 2022
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 214th SESSION
* Including the meetings of the subsidiary bodies before the plenary meetings.
(Paris, 30 March – 13 April 2022*)1)
HP EXHIBIT 241
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS ........................................................................ 1
1 Agenda, election of the Vice-Chairperson for Group V(a) and report of the Bureau ............. 1
2 Approval of the summary records of the 212th and the 213th sessions .............................. 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board .............................................................. 1
REPORTING ITEMS ...................................................................................................................... 1
4 Execution of the programme adopted by the General Conference ..................................... 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions ...................................................... 4
PROGRAMME MATTERS .............................................................................................................. 9
Education ........................................................................................................................................ 9
6 SDG 4–Education 2030: global/regional coordination and support ..................................... 9
7 UNESCO Strategy for Technical and Vocational Education and Training (TVET) ............. 10
8 Internal Oversight Service (IOS) evaluation of the UNESCO Education Sector’s work
on inclusion in education .................................................................................................. 10
Natural sciences ........................................................................................................................... 11
9 UNESCO Global Geoparks .............................................................................................. 11
Culture ......................................................................................................................................... 11
10 UNESCO World Conference on Cultural Policies and Sustainable Development –
MONDIACULT 2022 ......................................................................................................... 11
INSTITUTES AND CENTRES ...................................................................................................... 12
Category 2 institutes and centres .................................................................................................. 12
11 Reviews and renewals (214 EX/11.I-X; 214 EX/31) ........................................................... 12
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS...................................... 17
12 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3, and report of the
Committee thereon ............................................................................................................ 17
13 Implementation of standard-setting instruments ............................................................... 17
ADMINISTRATIVE AND FINANCIAL QUESTIONS ..................................................................... 25
14 Financial Regulations of Special Accounts ....................................................................... 25
15 Appointment by the Executive Board of the Chairperson
and the Alternate Chairperson of the Appeals Board ........................................................ 25
16 Long-term funding plan for the After-Service Health Insurance (ASHI) ............................. 25
17 Special Account for Capital and Strategic Investments (CSI) ............................................ 26
HP EXHIBIT 241
1940
(ii)
18 Revision of the Financial Regulations and Financial Rules of UNESCO ........................... 26
19 Annual report of the Internal Oversight Service (IOS) ....................................................... 27
20 Annual report of the Ethics Office (2021) .......................................................................... 27
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS ............................................................ 28
21 Memorandum of Understanding between UNESCO and
the European Molecular Biology Laboratory (EMBL) ........................................................ 28
GENERAL MATTERS .................................................................................................................. 28
22 Occupied Palestine .......................................................................................................... 28
23 Implementation of 41 C/Resolution 51 and 212 EX/Dec.44 concerning educational
and cultural institutions in the occupied Arab territories .................................................... 31
24 Dates of the 215th session and provisional list of matters
to be examined by the Executive Board at its 215th session ............................................ 33
ADDITIONAL ITEMS .................................................................................................................... 33
25 Proclamation of a world Russian language day ................................................................ 33
26 Invitations to the World Conference on Early Childhood Care and Education (WCECCE) 34
27 The road to peace: dialogue and action for tolerance and intercultural understanding ...... 34
28 Problems and development prospects for the UNITWIN/UNESCO Chairs Programme .... 35
29 UNESCO and the ocean .................................................................................................. 36
PRIVATE MEETINGS ................................................................................................................... 40
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board ............................................................ 40
12 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3, and report of the
Committee thereon ............................................................................................................ 40
15 Appointment by the Executive Board of the Chairperson
and the Alternate Chairperson of the Appeals Board ........................................................ 40
HP EXHIBIT 241
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214 EX/Decisions – page 28
3. Invites the Director-General to submit to it at its 216th session the annual report of the
Ethics Office, taking into account the debate and discussions held at the 214th session.
(214 EX/SR.5)
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS AND
INTERNATIONAL NON-GOVERNMENTAL PARTNERS
21 Memorandum of Understanding between UNESCO and the European Molecular
Biology Laboratory (EMBL) (214 EX/21; 214 EX/2)
The Executive Board,
1. Having examined document 214 EX/21,
2. Approves the memorandum of understanding between UNESCO and the European
Molecular Biology Laboratory (EMBL) annexed to document 214 EX/21;
3. Authorizes the Director-General to sign the memorandum of understanding on behalf of
UNESCO.
(214 EX/SR.5)
GENERAL MATTERS
22 Occupied Palestine (214 EX/22; 214 EX/32)
The Executive Board,
1. Having examined document 214 EX/22 as well as the annexes attached to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 215th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX I
Two hundred and fourteenth session
214 EX/PX/DR.22.1
PARIS, 30 March 2022
Original: English
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 22 OCCUPIED PALESTINE
Executive Board
HP EXHIBIT 241
1942
214 EX/Decisions – page 29
DRAFT DECISION
The Executive Board,
1. Having examined document 214 EX/22,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2021 and 2022 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the twenty one decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec 19.1, 200 EX/Decision 25,
201 EX/Decision 30, 202 EX/Decision 38, 204 EX/Decision 25 and 205 EX/Decision 28,
206 EX/Decision 32, 207 EX/Decision 38, 209 EX/Decision 24, 210 EX/Decision 36,
211 EX/Decision 33 and 212 EX/Decision 43, and the eleven World Heritage Committee decisions:
34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4, 39 COM/7A.27,
40 COM/7A.13, 41 COM/7A.36, 42 COM/7A.21, 43 COM/7A.22 and 44 COM/7A.10;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
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II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
215th session, and invites the Director-General to submit to it a progress report thereon.
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 215th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
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215 EX/Decisions
Job: 202203144
Executive Board
Two hundred and fifteenth session
(Paris, 5 – 19 October 2022*)1)
Paris, 18 November 2022
DECISIONS ADOPTED
BY THE EXECUTIVE BOARD AT ITS 215th SESSION
*
* Including the meetings of the subsidiary bodies before the plenary meetings.
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(i)
TABLE OF CONTENTS
ORGANIZATION AND PROCEDURAL MATTERS ............................................................................. 1
1 Agenda and report of the Bureau ............................................................................................. 1
2 Approval of the summary records of the 7th special session and the 214th session ................. 1
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board .................................................................... 1
REPORTING ITEMS ............................................................................................................................ 1
4 Execution of the programme adopted by the General Conference:
C/5 Implementation Report (EX/4) ............................................................................................ 1
5 Follow-up to decisions and resolutions adopted by the Executive Board
and the General Conference at their previous sessions ............................................................ 2
PROGRAMME MATTERS ................................................................................................................. 12
Education ........................................................................................................................................... 12
6 SDG 4–Education 2030: global/regional coordination and support ......................................... 12
7 United Nations University: Report by the Council of the University
and the Director-General’s comments thereon ....................................................................... 13
8 Outcomes of the feasibility study on the creation of a network
of vocational education institutions ......................................................................................... 13
9 Activities of the UNITWIN/UNESCO Chairs Programme ........................................................ 14
Natural sciences ................................................................................................................................ 15
10 Division of Internal Oversight Services (IOS) evaluation of UNESCO’s
Local and Indigenous Knowledge Systems (LINKS) programme ............................................ 15
Social and human sciences ............................................................................................................... 15
11 Comprehensive Strategy for the Management of Social Transformations (MOST)
Programme 2022-2029 ........................................................................................................... 15
Culture ............................................................................................................................................... 16
12 UNESCO World Conference on Cultural Policies
and Sustainable Development – MONDIACULT 2022 ............................................................ 16
Communication and information ......................................................................................................... 17
13 Report on the influence of the adjusted structure of the Communication
and Information Sector (CI) on the Information for All Programme (IFAP) .............................. 17
Intersectoral/cross-cutting activities ................................................................................................... 17
14 Division of Internal Oversight Services (IOS) evaluation of the
UNESCO Global Priority Gender Equality: Part 2 ................................................................... 17
15 Follow-up of the recommendations following the IOS review of UNESCO’s
framework to address and respond to sexual harassment and sexual exploitation
and abuse .............................................................................................................................. 17
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(ii)
UNESCO PRIZES .............................................................................................................................. 18
Reviews and renewals ....................................................................................................................... 18
16 UNESCO/Guillermo Cano World Press Freedom Prize .......................................................... 18
INSTITUTES AND CENTRES ........................................................................................................... 18
Category 1 institutes and centres ....................................................................................................... 18
17 Report by the Governing Board of the UNESCO Institute for Statistics (UIS)
on the activities of the Institute ............................................................................................... 18
Category 2 institutes and centres ....................................................................................................... 19
18 Reviews, renewals and cessations ......................................................................................... 19
PROGRAMMING AND BUDGETING ................................................................................................ 22
19 Preliminary proposals by the Director-General to the Draft Programme
and Budget for 2024-2025 (42 C/5) ........................................................................................ 22
METHODS OF WORK OF THE ORGANIZATION ............................................................................. 23
20 Reports by the Joint Inspection Unit (JIU) of interest to UNESCO
and the status of implementation of recommendations ........................................................... 23
21 UNESCO procedure of investigation of allegations against the Director-General ................... 23
22 Revised IOS Charter and revised IOS Internal Audit Charter .................................................. 24
MATTERS RELATING TO NORMS, STATUTES AND REGULATIONS........................................... 24
23 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3, and report
of the Committee thereon ....................................................................................................... 24
24 Implementation of standard-setting instruments ..................................................................... 24
ADMINISTRATIVE AND FINANCIAL QUESTIONS .......................................................................... 26
25 Collection of Member States’ contributions ............................................................................. 26
26 Financial report and audited consolidated financial statements relating to the accounts
of UNESCO for the year ending 31 December 2021 and report by the External Auditor ......... 27
27 Report by the Director-General, in cooperation with the Headquarters Committee,
on managing the UNESCO complex ...................................................................................... 27
28 Implementation review of the cost-recovery policy .................................................................. 28
29 Strategic policy framework for multilingualism ........................................................................ 29
30 Revision of the Financial Regulations and Financial Rules of UNESCO ................................. 29
31 Appointment by the Executive Board of the Alternate Chairperson
of the Appeals Board .............................................................................................................. 30
32 Financial Regulations of Special Accounts ............................................................................. 30
RELATIONS WITH MEMBER STATES, INTERGOVERNMENTAL ORGANIZATIONS
AND INTERNATIONAL NON-GOVERNMENTAL PARTNERS ......................................................... 30
33 Relations with non-governmental partners .............................................................................. 30
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(iii)
34 Invitations to the intergovernmental meeting (category II) of the special committee
for the revision of the 1974 Recommendation concerning Education for International
Understanding, Cooperation and Peace and Education relating to Human Rights and
Fundamental Freedoms ......................................................................................................... 31
35 Memorandum of understanding between UNESCO and the Asian Development
Bank (ADB) in establishing a futures literacy network in Asia and the Pacific ......................... 32
GENERAL MATTERS ....................................................................................................................... 33
36 Occupied Palestine ................................................................................................................ 33
37 Implementation of 41 C/Resolution 51 and 214 EX/Decision 23 concerning
educational and cultural institutions in the occupied Arab territories ....................................... 35
38 Dates of the 216th session and provisional list of matters to be examined
by the Executive Board ........................................................................................................... 37
ADDITIONAL ITEMS ......................................................................................................................... 38
39 Groundwater .......................................................................................................................... 38
40 Implementation of the Recommendation on the Ethics of Artificial Intelligence (AI) ................ 40
41 World Metrology Day .............................................................................................................. 42
42 Implementation of the Fit for Life initiative and the Seventh International
Conference of Ministers and Senior Officials Responsible for Physical Education
and Sport (MINEPS VII) ........................................................................................................ 43
43 The Baku Process: Promoting Intercultural Dialogue and Social Inclusion
for Sustainable Peace and Development ................................................................................ 45
44 Global framework for open science in the face of pandemics ................................................. 46
[45 Auroville: A universal cultural township for evolution and transformation] ............................... 47
PRIVATE MEETINGS ........................................................................................................................ 48
3 Report by the Director-General on the application of Rule 59
of the Rules of Procedure of the Executive Board .................................................................. 48
23 Examination of the communications transmitted to the Committee on Conventions
and Recommendations (CR) in pursuance of 104 EX/Decision 3.3, and report of
the Committee thereon ........................................................................................................... 48
31 Appointment by the Executive Board of the Alternate Chairperson of the Appeals Board ....... 48
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GENERAL MATTERS
36 Occupied Palestine (215 EX/36; 215 EX/50)
The Executive Board,
1. Having examined document 215 EX/36 as well as the annexes attached to this decision,
2. Recalling its previous decisions concerning “Occupied Palestine”,
3. Decides to include this item in the agenda of its 216th session, and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
ANNEX I
Two hundred and fifteenth session
215 EX/PX/DR.36.1
PARIS, 5 October 2022
Original: English
PROGRAMME AND EXTERNAL RELATIONS COMMISSION (PX)
Item 36 OCCUPIED PALESTINE
DRAFT DECISION
The Executive Board,
1. Having examined document 215 EX/36,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional Protocols
(1977), the 1907 Hague Regulations on Land Warfare, the Hague Convention for the Protection
of Cultural Property in the Event of Armed Conflict (1954) and its additional Protocols, the
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property (1970) and the Convention for the Protection of the World Cultural
and Natural Heritage (1972), the inscription of the Old City of Jerusalem and its Walls at the
request of Jordan on the World Heritage List (1981) and on the List of World Heritage in Danger
(1982), and the recommendations, resolutions and decisions of UNESCO on the protection of
cultural heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions relating to the reconstruction and development of Gaza as
well as UNESCO decisions on the two Palestinian sites in Al-Khalil/Hebron and in Bethlehem,
3. Affirming that nothing in the current decision, which aims, inter alia, at the safeguarding of the
cultural heritage of Palestine and the distinctive character of East Jerusalem, shall in any way
affect the relevant Security Council and United Nations resolutions and decisions on the legal
Executive Board
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status of Palestine and Jerusalem, including United Nations Security Council resolution 2334
(2016),
4. Taking note of the letters addressed to the Director-General by the Permanent Delegations of
Palestine and Jordan to UNESCO in 2022 concerning the sub-sections below,
I Jerusalem
5. Reaffirming the importance of the Old City of Jerusalem and its Walls for the three monotheistic
religions,
6. Bearing in mind that all legislative and administrative measures and actions taken by Israel, the
occupying Power, which have altered or purport to alter the character and status of the Holy City
of Jerusalem, and in particular the “basic law” on Jerusalem, are null and void and must be
rescinded forthwith,
7. Recalling the twenty two decisions of the Executive Board: 185 EX/Decision 14, 187 EX/Decision 11,
189 EX/Decision 8, 190 EX/Decision 13, 192 EX/Decision 11, 194 EX/Decision 5.I.D,
195 EX/Decision 9, 196 EX/Decision 26, 197 EX/Decision 32, 199 EX/Dec 19.1, 200 EX/Decision 25,
201 EX/Decision 30, 202 EX/Decision 38, 204 EX/Decision 25 and 205 EX/Decision 28,
206 EX/Decision 32, 207 EX/Decision 38, 209 EX/Decision 24, 210 EX/Decision 36,
211 EX/Decision 33, 212 EX/Decision 43 and 214 EX/Decision 22, and the eleven World Heritage
Committee decisions: 34 COM/7A.20, 35 COM/7A.22, 36 COM/7A.23, 37 COM/7A.26, 38 COM/7A.4,
39 COM/7A.27, 40 COM/7A.13, 41 COM/7A.36, 42 COM/7A.21, 43 COM/7A.22 and 44 COM/7A.10;
8. Regrets the failure of the Israeli occupying authorities to cease the persistent excavations,
tunnelling, works and projects in East Jerusalem, particularly in and around the Old City of
Jerusalem which are illegal under international law and reiterates its request to Israel, the
occupying Power, to stop all violations which are not in conformity with the provisions of the
relevant UNESCO conventions, resolutions and decisions;
9. Also regrets the Israeli refusal to implement the UNESCO request to the Director-General to
appoint a permanent representative to be stationed in East Jerusalem to report on a regular basis
about all aspects covering the fields of competence of UNESCO in East Jerusalem, and reiterates
its request to the Director-General to appoint, as soon as possible, the above-mentioned
representative;
II Reconstruction and development of Gaza
10. Deeply deplores the ongoing military developments around the Gaza Strip and their heavy toll of
civilian casualties as well as their continuous negative impact in the fields of competence of
UNESCO;
11. Deplores the continuous Israeli closure of the Gaza Strip, which harmfully affects the free and
sustained movement of personnel, students and humanitarian relief items and requests Israel to
immediately ease this closure;
12. Thanks the Director-General for initiatives that have already been implemented in Gaza in the
fields of education, culture and youth and for the safety of media professionals, calls upon her to
continue her active involvement in the reconstruction of Gaza’s damaged educational and cultural
components and reiterates, in this regard, its request to her to upgrade the UNESCO Antenna in
Gaza and to organize, as soon as possible, an information meeting on the current situation in
Gaza in the fields of competence of UNESCO and on the outcome of the projects conducted by
UNESCO;
III The two Palestinian sites of Al-Haram Al-Ibrahimi/Tomb of the Patriarchs in Al-
Khalil/Hebron and the Bilal Ibn Rabah Mosque/Rachel’s Tomb in Bethlehem
13. Reaffirms that the two concerned sites located in Al-Khalil/Hebron and in Bethlehem are an
integral part of the Occupied Palestinian Territory, and shares the conviction affirmed by the
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international community that the two sites are of religious significance for Judaism, Christianity
and Islam;
14. Deplores the ongoing Israeli excavations, works, construction of private roads for settlers and of
a Wall inside the Old City of Al-Khalil/Hebron which are illegal under international law and
harmfully affect the authenticity and integrity of the site, and the subsequent denial of freedom of
movement and freedom of access to places of worship and asks Israel, the occupying Power, to
end all violations which are not in conformity with the provisions of relevant UNESCO conventions,
resolutions and decisions;
15. Regrets the visual impact of the Wall on the site of Bilal Ibn Rabah Mosque/Rachel’s Tomb in
Bethlehem as well as the strict ban on access of Palestinian Christian and Muslim worshippers
to the site, and demands that the Israeli authorities restore the original character of the landscape
around the site and lift the ban on access to it;
IV
16. Decides to include these matters under an item entitled “Occupied Palestine” in the agenda at its
216th session, and invites the Director-General to submit to it a progress report thereon.
ANNEX II
THE UNESCO REACTIVE MONITORING MISSION
TO THE OLD CITY OF JERUSALEM AND ITS WALLS
The Executive Board
1. Stresses the urgent need to implement the UNESCO reactive monitoring mission to the Old City
of Jerusalem and its Walls;
2. Invites the Director-General and the World Heritage Centre to exert all efforts, in line with their
mandates and in conformity with the provisions of the relevant UNESCO conventions, decisions
and resolutions, to ensure the prompt implementation of the mission and, in case of nonimplementation,
to propose effective measures in the report to it at its 216th session;
3. Expresses its commitment to exert its utmost efforts to resolve this issue at its next session.
(215 EX/SR.6)
37 Implementation of 41 C/Resolution 51 and 214 EX/Decision 23 concerning educational
and cultural institutions in the occupied Arab territories (215 EX/36; 215 EX/37;
215 EX/50)
The Executive Board,
1. Having considered documents 215 EX/36 and 215 EX/37, as well as the annex to this
decision,
2. Recalling its previous decisions concerning “Educational and Cultural Institutions in the
Occupied Arab Territories”,
3. Decides to include this item in the agenda of its 216th session and invites the Director-
General to submit to it a follow-up report thereon.
- - - - - - - - - -
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United Nations A/62/344–S/2007/553
General Assembly
Security Council Distr.: General
20 September 2007
Original: English
07-51201 (E) 111007
*0751201*
General Assembly
Sixty-second session
Items 17 and 18 of the provisional agenda*
The situation in the Middle East
Question of Palestine
Security Council
Sixty-second year
Peaceful settlement of the question of Palestine
Report of the Secretary-General
Summary
The present report is submitted in accordance with General Assembly
resolution 61/25 of 1 December 2006. It contains replies received from the President
of the Security Council and the concerned parties to the notes verbales sent by the
Secretary-General pursuant to the request contained in paragraph 18 of the
resolution. The report also contains the observations of the Secretary-General on the
current state of the Israeli-Palestinian conflict and on international efforts to move
the peace process forward with a view to achieving a peaceful solution. The report
covers the period from September 2006 through September 2007.
__________________
* A/62/150.
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2 07-51201
I. Introduction
1. The present report is submitted pursuant to General Assembly resolution 61/25
of 1 December 2006.
2. On 1 August 2007, pursuant to the request contained in paragraph 18 of the
above-mentioned resolution, I addressed the following letter to the President of the
Security Council:
“I have the honour to refer to resolution 61/25, which the General
Assembly adopted on 1 December 2006, at its sixty-first session, under the
agenda item entitled ‘Question of Palestine’.
“In order to fulfil my reporting responsibilities under this resolution, I
should be grateful if you would kindly convey to me the views of the Security
Council by 31 August 2007.”
3. On 10 September 2007, the following reply was received from the Security
Council:
“The situation in the Middle East, including the Palestinian question,
remains one of the most important items on the Security Council agenda. The
Council continues to consider the situation in the Middle East on a regular
basis, in particular with monthly briefings by the Under-Secretary-General for
Political Affairs, the Special Coordinator for the Middle East Peace Process
and senior Secretariat staff, followed by an open debate of the Council or by
consultations.
“On 12 December 2006, the Security Council adopted a presidential
statement (S/PRST/2006/51), which was read by its President. On that
occasion, the Council stressed that negotiation was the only way to bring peace
and prosperity to peoples throughout the Middle East and welcomed the
agreement between Israeli Prime Minister Ehud Olmert and Palestinian
Authority President Mahmoud Abbas to establish a mutual ceasefire in Gaza,
signed in December 2006. It also encouraged the parties to engage in direct
negotiations and reaffirmed the vital role of the Quartet in providing needed
assistance to the parties.
“In early January 2007, the Security Council considered a draft
presidential declaration, proposed by Indonesia, aimed at keeping the
momentum from positive developments on the ground, including the ceasefire
agreement and the understandings reached at the summit between Israeli Prime
Minister Ehud Olmert and Palestinian Authority President Mahmoud Abbas on
23 December 2006. Due to a lack of consensus, the draft was not adopted.
“On 25 January 2007, the Security Council held consultations on the
situation in the Middle East, including the question of Palestine, which, owing
to the worsening humanitarian crisis in the Palestinian territories, focused on
initiatives aimed at reviving the peace process and on the need to preserve the
Gaza ceasefire agreement.
“On 13 February 2007, the Security Council held an open debate on the
situation in the Middle East, in which Mr. Alvaro de Soto, Special Coordinator
for the Middle East Peace Process, gave a briefing. The Council members took
note of the agreement between Hamas and Fatah, reached in Mecca on
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07-51201 3
8 February 2007, under the leadership of Saudi Arabia, with a view to putting
an end to the fratricidal clashes between Palestinians.
“Several Council members expressed great concern about the violence
resulting from the construction carried out near the Al-Aqsa Mosque, raising
tensions in the Palestinian territories and in Muslim countries.
“On 14 March 2007, Council members heard a presentation by Mr. Lynn
Pascoe, Under-Secretary-General for Political Affairs, which was followed by
consultations on the situation in the Middle East.
“On 5 April 2007, the Council considered your report after your visit to
the Middle East and the meetings you had held during and in the margins of
the League of Arab States Summit, held in Riyadh (Saudi Arabia), on 28 and
29 March 2007, including on the question of the revitalization of the Israeli-
Palestinian peace process.
“On 15 and 18 May 2007, we exchanged letters on the appointment of
Mr. Michael Williams as Special Coordinator for the Middle East Peace
Process and Personal Representative of the Secretary-General to the
Palestinian Liberation Organization and the Palestinian Authority, succeeding
Mr. Alvaro de Soto.
“On 24 May 2007, a presentation by Mr. Lynn Pascoe, Under-Secretary-
General for Political Affairs, was followed by consultations on the Middle
East. Council members generally deplored the renewed violence and urged the
principal parties to exercise restraint. They expressed the hope that the Middle
East Quartet would become more involved in the effort to revive the Israeli-
Palestinian peace process.
“On 30 May 2007, the President of the Security Council delivered a press
statement on the breakdown of the ceasefire in the Gaza Strip in which the
members of the Council expressed their grave concern at the resulting increase
in violence.
“On 1 June 2007, you informed the Council of the outcome of the
meeting of the Middle East Quartet, held in late May 2007.
“On 20 June 2007, the Council held consultations on, in particular, the
situation in Palestine. It deplored the serious events in Gaza and the West Bank
that had led to the dissolution of the Palestinian National Unity Government
and to the declaration of a state of emergency.
“Council members appealed to the Palestinians to settle their differences
peacefully through dialogue. Special emphasis was placed on the worsening
humanitarian situation in Gaza. Several Council members welcomed the
measures aimed at lifting the financial blockade imposed on Palestine since the
Hamas victory in the legislative elections.
“On 25 July 2007, the Council heard a public presentation by
Mr. Michael Williams, Special Coordinator for the Middle East Peace Process,
in which the continued violence and the worsening humanitarian situation,
particularly in Gaza, were stressed.
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4 07-51201
“On this last point, a draft presidential declaration on the worsening
humanitarian situation in Gaza, proposed by Qatar and Indonesia, was not
adopted owing to a lack of consensus.
“On 29 August 2007, the Council held an open debate on the situation in
the Middle East. The Council heard the last briefing of Mr. Michael Williams
as Special Coordinator for the Middle East Peace Process.
“Council members commended Mr. Williams’s work as Special
Coordinator and expressed their hope that the diplomatic momentum described
by Mr. Williams (substantive dialogue developing between Palestinian
President Mahmoud Abbas and Israeli Prime Minister Ehud Olmert; upcoming
high-profile international meetings on the Middle East, particularly the
meeting called by the President of the United States of America) could pave
the way for substantial developments towards finding a solution. Council
members expressed the view that meaningful steps in the field would be useful
to back this diplomatic process.
“The Council continues to keep the evolving situation in the Middle East,
including the Palestinian question, under active review through monthly
briefings, open meetings and informal consultations. During these meetings,
the Council members reiterate their support for a just and comprehensive
settlement in the Middle East based on Security Council resolutions 242
(1967), 338 (1973), 1397 (2002) and 1515 (2003), the outcome of the Madrid
Conference, the principle of land for peace, the previous agreements reached
by the parties, and the Arab Peace Initiative, reaffirmed at the League of Arab
States Summit in Riyadh.”
4. In a note verbale dated 8 June 2007 to the parties concerned, I sought the
positions of the Governments of Egypt, Israel, Jordan, Lebanon and the Syrian Arab
Republic, as well as the Palestine Liberation Organization, regarding any steps
taken by them to implement the relevant provisions of the resolution. As at
1 September 2007, the following replies had been received:
“Note verbale dated 24 August 2007 from the Permanent
Representative of Israel to the United Nations addressed
to the Secretary-General
“As you are aware, Israel has voted against this resolution, as it has done
time and time again against similar resolutions adopted by the General
Assembly during previous sessions. Because the situation in the Middle East
stands at a delicate crossroads, Israel wishes to once again put on record its
position on this matter.
“Palestinian terror continues. Mortar and Qassam rocket attacks,
launched by Palestinian terrorists in the Gaza Strip at Israeli communities in
the south, occur on a daily basis. Over the last month, numerous rockets were
launched by Palestinian terrorists, bringing the total number of Qassam rockets
that hit Israeli territory during the past year to over 1,000, causing deaths,
hundreds of casualties, and vast damage to properties, including schools,
kindergartens and residential areas. Hamas has been holding Corporal Gilad
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Shalit captive ever since he was kidnapped by the terrorist organization more
than a year ago. His abduction also presents a pressing humanitarian situation.
“Palestinian terrorists continue to smuggle weapons across the southern
border. Tunnels, burrowed deep beneath the ground, are used by terrorists to
move weapons and other munitions. The build-up of weapons presents a grave
threat, and efforts must be reinforced to stem the tide of arms smuggling.
“The horrific violence of last June, which resulted in the death and injury
of countless innocent Palestinians, imperils the region. Moreover, Hamas’s
terrorizing of Palestinian society has created a serious humanitarian situation
in the Gaza Strip. Nevertheless, Israel remains committed to ensuring that the
necessary humanitarian aid is delivered to the Palestinians in the Gaza Strip.
Despite the departure of Palestinian Authority security forces from the
crossings between the Gaza Strip and Israel, arrangements have been made for
humanitarian aid and other supplies to enter and exit the crossings. Since
19 June, more than 50,000 tons have been transferred through the Sufa
crossing, and more than 4,000 tons have passed through the Kerem Shalom
crossing. Israel continues its coordination activities on the ground, working
through the appropriate channels to ensure the passage of aid and other
materials. Israel is committed to working with a Palestinian leadership that
supports peace and renounces violence. As just one example, on 20 July, Israel
released 255 Palestinian prisoners who had been held in Israeli prisons in
connection with terrorist activity. In the past month a number of meetings took
place to set in motion the building blocks for a political horizon and to
maintain a dialogue between Israel and the Palestinian Authority. Most notable
among them was the meeting held on 6 August between Prime Minister Olmert
and President Abbas in Jericho. Israel hopes to work with its moderate
counterparts in the region to advance mutual understanding and formulate the
framework that will allow Israel and the Palestinians to move forward on a
bilateral process. This process, it must be underscored, should be supported by
other like-minded moderate States in the region and the international
community, but it cannot be a substitute for direct Israeli-Palestinian dialogue.
“General Assembly resolution 61/25 also cannot be a substitute for direct
Israeli-Palestinian dialogue. Rather than promoting a vision that recognizes the
rights and obligations of both sides, it obscures the efforts of the parties to
achieve a negotiated outcome. It is one-sided resolutions like this one that
jeopardize the efficacy of the United Nations and the efficiency of the General
Assembly.”
“Note verbale dated 19 July 2007 from the Permanent
Observer of Palestine to the United Nations addressed
to the Secretary-General
“At the writing of this note, the situation in the Occupied Palestinian
Territory, including East Jerusalem, remains grave, with the humanitarian,
economic, social, political and security situation deteriorating on all fronts
since the adoption by the Assembly of resolution 61/25. In June of this year,
the Palestinian people solemnly marked the fortieth year of Israel’s military
occupation of the Palestinian territory, including East Jerusalem. Tragically,
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the Palestinian people remain a stateless, dispossessed and oppressed people,
suffering mounting hardships in their ongoing struggle to realize their
inalienable human rights, including the right to self-determination. Each
passing year witnesses the deepening of the injustice imposed upon the
Palestinian people, including the Palestine refugees, further trampling of their
human dignity and further shredding of the fabric of Palestinian society.
“The fact is that, while resolution 61/25 and the many resolutions that
preceded it remain unimplemented and while the peace process remains
stalled, despite efforts exerted to revive it, Israel, the occupying Power, has
exploited the passage of time and the inaction of the international community
for the continued execution of its illegal policies and actions in the Occupied
Palestinian Territory, including East Jerusalem. The result has been the
continued Israeli violation of the fundamental rights of the Palestinian people
and the creation of even more unlawful facts on the ground in the Occupied
Palestinian Territory, including East Jerusalem, with the consequent deepening
of the humanitarian crisis and the further fragmenting territorial contiguity of
the Palestinian territory, seriously endangering the viability of the two-State
solution, the crux of any peaceful solution, and further compounding the
Israeli-Palestinian conflict.
“The daily actions of Israel, the occupying Power, are in total
contradiction to the provisions of the General Assembly’s resolution on the
‘Peaceful settlement of the question of Palestine’ and in total breach of the
relevant tenets of international law. Instead of abiding by the law and United
Nations resolutions and actually pursuing peace, Israel has continued acting
with flagrant impunity, denying the rights of the Palestinian people and
committing grave breaches, including systematic human rights violations, acts
of State terror and war crimes against them.
“Since the adoption of resolution 61/25, the occupying Power has not
ceased its brutal military campaign against the Palestinian civilian population,
a defenceless population entitled to protection under international
humanitarian law. The Israeli occupying forces have killed and injured
hundreds more Palestinian civilians, including children, in frequent military
attacks and raids launched in the Occupied Palestinian Territory, typically
characterized by excessive and indiscriminate use of force and frequent
extrajudicial killings. Since the adoption of resolution 61/25 until the date of
this note, the Israeli occupying forces have killed at least 184 Palestinian
civilians. The Israeli occupying forces have also continued to cause the wanton
destruction of Palestinian property, including homes, agricultural lands and
orchards, vital civilian infrastructure, cultural, religious and historical
properties, and national institutions, leading to further displacement and
homelessness of civilians, loss of livelihoods, and environmental damage.
Such unlawful, lethal and destructive military attacks by the occupying Power
not only deepen the suffering of the Palestinian civilian population at all
levels, but also constantly fuel tensions and perpetuate the cycle of violence
between the two sides.
“Israel also continues to unlawfully and arbitrarily detain and imprison
more than 11,000 Palestinians, including at least 112 women and 300 children,
and has persisted with daily arrest campaigns. These civilians are typically
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held in inhumane conditions, enduring harassment, physical and psychological
ill treatment and many subject to torture, rarely having any recourse to due
process of law, and many are denied visitation by their families, whose access
to the prisoners and to any knowledge about them is severely restricted by the
occupying Power. In addition, Israel continues to illegally imprison several
democratically elected Palestinian officials.
“Simultaneously, Israel has continued to pursue its illegal colonization
campaign via the construction of settlements, the wall, and bypass roads and
the imposition of the checkpoints throughout the Occupied Palestinian
Territory, including East Jerusalem. After the passage of so many decades of
Israel’s systematic and constant violations, it has become glaringly clear that
the occupying Power has been carrying out its illegal policies against the
Palestinian people with the deliberate intent of oppressing and keeping under
siege the entire Palestinian population while it consolidates its unlawful
occupation of the Palestinian land — now the longest occupation in
contemporary history — in order to achieve the de facto annexation of as
much of that land as possible. Israel has done this in flagrant violation of the
rule of international law regarding the inadmissibility of the acquisition of
territory by force and in grave breach of the Fourth Geneva Convention and
Additional Protocol 1.
“Since 1967 and continuing today, the occupying Power has relentlessly
carried out its colonization campaign, confiscating thousands of dunums of
Palestinian land, destroying thousands of Palestinian properties and imposing
countless illegal measures for this purpose. Israel’s construction, expansion
and fortification of illegal settlements is a vast enterprise. The major organs of
the United Nations have explicitly affirmed the illegality of these settlements
and have called for their dismantlement. Yet, there are now 161 settlements
and at least 96 settlement outposts in the Occupied Palestinian Territory,
including East Jerusalem. More than 450,000 Israeli settlers — many armed
and fanatical, who constantly harass and terrorize the Palestinian civilian
population — have been illegally transferred into these settlements and
continue to be transferred on a daily basis. Settlement construction in and
around occupied East Jerusalem has been especially intense, with the
occupying Power declaring its intention to create a contiguous Jewish presence
linking East Jerusalem to major settlement areas in the West Bank, including
via the so-called E-1 plan, totally isolating the city and its Palestinian
inhabitants from the rest of the Occupied Palestinian Territory and furthering
the Judaization of the city.
“Over the past four years, this colonization campaign escalated, with the
occupying Power’s unlawful construction of the wall in the Occupied
Palestinian Territory, including in and around East Jerusalem, which is
intricately linked to the settlements and intended to entrench them and to
advance the land grab. The International Court of Justice and the General
Assembly have deemed this wall to be unlawful and have demanded that Israel
dismantle the wall and make reparations for all damages caused by it. Yet, in
2007, the construction of the wall has continued unabated. Entire communities
are being destroyed and thousands of Palestinians continue to be displaced by
this apartheid wall, which separates Palestinian areas, many of which have
become walled-in enclaves, and is causing extensive socio-economic
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devastation by destroying thousands of livelihoods, particularly those related
to agriculture, and preventing access, inter alia, to education, food and water
supply, medical care and other essential social services.
“In yet further collective punishment of the Palestinian people, Israel
maintains a discriminatory road network for Israelis only, a racist permit
system, and more than 550 checkpoints and roadblocks, including hundreds of
‘flying checkpoints’ per month, throughout the Occupied Palestinian Territory,
including East Jerusalem. Prolonged closures and severe restrictions on the
movement of Palestinian persons and goods throughout the Occupied
Palestinian Territory and into and out of that territory are imposed by the
occupying Power via these measures. Such restrictions violate the freedom of
movement of the Palestinian people and many of their other basic human
rights and continue to damage the economy, undermine development and
deepen the humanitarian crisis. There is also extensive documentation of the
harassment, physical abuse and humiliation endured by the Palestinian people
at these checkpoints, as well as of the numerous deaths and live births that
have occurred there, as civilians have been repeatedly prevented from reaching
hospitals by the occupying forces. In this regard, the occupying Power also
continues to obstruct the movement and access of humanitarian and medical
personnel, including the staff of United Nations agencies, hampering the
provision of essential services to the civilian population and the provision of
emergency food and medical care.
“In terms of the closures, the Gaza Strip has been most impacted. In
violation of the Agreement on Movement and Access of 2005, the Rafah
crossing for people and the Karni crossing for goods are frequently closed and,
when opened, only a limited amount of traffic is permitted through. At the time
of the writing of this note, both crossings have been closed indefinitely by
Israel. This has, among other things, left more than 6,000 Palestinians stranded
on the Egyptian side of Rafah under severe humanitarian conditions. These
persons include more than 1,000 Palestinians who had travelled to Egypt for
medical care, 16 of whom died at or near the crossing due to the long wait
under inhuman conditions. Moreover, the closures have gravely affected the
economy in Gaza, since goods for export typically perish before reaching their
destination, leading to loss of income and livelihoods, and basic goods are
often in short supply in Gaza, aggravating already poor socio-economic
conditions. Moreover, the Gaza Strip remains separated from the West Bank.
“Such unlawful Israeli measures are clearly intended to completely
control the movement of the Palestinian people and contain them in
disconnected, non-viable and unsustainable cantons. The shocking result of
this massive and illegal Israeli colonization campaign is the carving up of the
Palestinian territory into several isolated, non-contiguous Bantustans. All of
these illegal Israeli practices and measures are dramatically altering the
demographic composition, geographic character and nature of the Occupied
Palestinian Territory, including East Jerusalem, and destroying its territorial
contiguity and integrity, gravely undermining the prospects for achieving the
two-State solution.
“Further, all aspects of Palestinian life continue to be gravely impacted
by the illegal and inhumane Israeli policies and practices enumerated above.
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Socio-economic and humanitarian conditions are particularly acute. Poverty,
unemployment and hunger have sharply risen, frustrations, insecurity and
despair remain high, and day-to-day survival in the Occupied Palestinian
Territory has become more difficult, particularly in the impoverished Gaza
Strip. These precarious conditions in the Occupied Palestinian Territory
worsened in the past year with the continuation of the financial sanctions
unjustly and punitively imposed on the Palestinian people following the
democratic elections of January 2006. Today, at least 70 per cent of the
Palestinian civilian population lives in poverty and nearly 50 per cent of the
population is dependent on food aid.
“It is a tragic irony that the Palestinian people — an occupied people —
have had sanctions and one condition after another imposed on them, while
Israel, despite decades of systematic and grave breaches of the law, has never
been placed under sanctions. Overall, this sanctions regime, in addition to
Israel’s withholding of Palestinian tax revenues, in violation of the Paris
Protocol, has caused a severe financial crisis for the Palestinian Authority,
debilitating its ability to function effectively and causing the degradation and
de-development of Palestinian institutions and public services, particularly in
the health and education sectors. The short and long-term effects of this unjust,
illogical and unethical boycott continue to plague the Palestinian people.
“In this regard, it is unquestionable that the sanctions regime greatly
contributed to the steep deterioration of the situation in the Gaza Strip and the
upsurge of tensions, which in turn fuelled a cycle of internal fighting between
Palestinian political factions and the complete downward spiralling of the
situation in June with the regrettable criminal actions carried out by outlaw
militias affiliated with Hamas that took over Palestinian Authority institutions
in the Gaza Strip. Following these developments, the President of the
Palestinian Authority, Mahmoud Abbas, initially formed an emergency
government, which became a caretaker government, and continues to pursue
efforts to bring calm and stability to the Palestinian people and to refocus
energies towards a resumption of peace negotiations.
“Yet, the crisis on the ground continues, primarily as a result of the
continuation by Israel, the occupying Power, of all of its illegal policies and
practices in the Occupied Palestinian Territory, including East Jerusalem, and
the negative ramifications of the sanctions, which have undermined peace
efforts. The current situation thus remains dire and the prospects for achieving
a peaceful settlement of the question of Palestine seem more remote.
“Unfortunately, numerous efforts and initiatives over the years and
countless United Nations resolutions have not brought an end to this conflict
and/or achieved the realization of the inalienable rights of the Palestinian
people. However, this is not because these resolutions are defective. On the
contrary, the many resolutions adopted by the United Nations, including the
annual resolution on the item entitled ‘Peaceful settlement of the question of
Palestine’, as well as the advisory opinion of the International Court of Justice
(9 July 2004), justly, thoroughly and realistically address the core issues of the
Israeli-Palestinian conflict and set out in very clear terms the requisites for
redressing the plight of the Palestinian people and resolving this conflict. Yet,
Israel, the occupying Power, has remained intransigent, acting in absolute
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contempt of these resolutions and in grave breach of international law,
including international humanitarian and human rights law. Such impunity by
the occupying Power has undoubtedly been encouraged by the inaction of the
international community in the face of such continuous violations and grave
breaches of the law. This vicious cycle must be brought to an end.
“Urgent action must be taken by the international community to redress
this unjust and unlawful situation in the Occupied Palestinian Territory, for its
continuation is untenable. There can never be peace, security and prosperity in
the Middle East as long as the question of Palestine, the core of the Arab-
Israeli conflict, remains unresolved. If implemented, the many relevant United
Nations resolutions addressing this crisis, including resolution 61/25, would
have long ago ended the conflict. These resolutions remain valid and the
principles and positions therein constitute the foundations of the peace process
and the keys to resolving this prolonged conflict.
“The international community must uphold its responsibilities vis-à-vis
international law and United Nations resolutions by taking practical measures
to ensure respect for the law and the implementation of these resolutions and
thus to finally hold Israel, the occupying Power, accountable for its actions,
bring an end to its impunity and compel it to comply with its legal obligations.
Only this will augur a new era in which the requisites for achieving a just and
lasting peace could be implemented and fulfilled.
“Despite all of the difficulties and challenges, the achievement of such a
peace — at the core of which is the two-State solution of Israel and Palestine,
living side by side in peace and security on the basis of the 1967 borders —
must remain our ultimate goal. This is recognized by the international
community in resolution 61/25. In this regard, assessing the status of
implementation of resolution 61/25 requires at minimum a brief examination
of the calls made by the international community in the operative paragraphs
of the resolution.
“While the Assembly has reaffirmed, inter alia, the necessity of achieving
a peaceful settlement and intensifying all efforts towards that end, reaffirmed
its full support for the Middle East peace process, and called for the fulfilment
of road map obligations, developments in the Occupied Palestinian Territory
over the past year, resulting mainly from the illegal policies and practices of
Israel, the occupying Power, as detailed above, have undermined such efforts.
Nevertheless, opportunities for pursuing peace are still before us and must be
seized.
“The Palestinian leadership is committed to achieving a just, lasting and
peaceful solution to the conflict and has repeatedly reaffirmed its commitment
to the peace process on its agreed basis, to the agreements concluded between
the two sides, to the road map and to the Arab Peace Initiative. In fact, the
Palestinian side has repeatedly extended its hand in peace and indicated its
readiness to proceed with final status negotiations without conditions and, in a
very important development in the past year, President Abbas has been
mandated by all political groups to negotiate a final peace settlement with
Israel.
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“Moreover, it is significant that the Arab Summit decided to renew and
revive the Arab Peace Initiative, which continues to present a just basis for the
achievement of peace. Full peace and normalization of relations are being
offered to Israel in exchange for full withdrawal from the territories occupied
by Israel in 1967 and the establishment of an independent Palestinian State on
the basis of the 1967 borders, with East Jerusalem as its capital, along with a
just and agreed upon solution for the Palestine refugees on the basis of General
Assembly resolution 194 (III) of 1948. The Assembly has welcomed this
initiative and should continue to support its promotion. At the same time, the
Quartet recently decided to re-energize itself and to become more active by
holding more meetings, including with the two parties, with the aim of
promoting the implementation of the road map, and its efforts should continue
to be supported as well. The promotion of confidence-building measures
between the two parties by both the Quartet and the Arab side and all other
efforts to stabilize the situation and restart the peace process should be
supported, including the call by United States President George Bush on 16
July 2007, for the convening of an international conference for this purpose in
the fall of 2007.
“In resolution 61/25, the Assembly also called upon the parties
themselves to exert efforts to halt the deterioration of the situation, to reverse
all measures taken on the ground since 28 September 2000 and to immediately
resume direct peace negotiations, and stressed the need for a speedy end to the
reoccupation of Palestinian population centres and for the complete cessation
of all acts of violence, including military attacks, destruction and acts of terror.
Most regrettably, these calls remained unheeded and the situation continued to
deteriorate. Moreover, despite the Israeli withdrawal from within the Gaza
Strip and the international community’s call for the resolution of all remaining
issues in the Gaza Strip, the situation there deteriorated to unprecedented lows
as Israel continued to carry out attacks against the civilian population, to
violate the Agreement on Movement and Access, and to keep Gaza under a
total siege.
“Operative paragraphs 11, 12 and 13 of resolution 61/25 are very
important. The complete cessation of Israeli violations of international law,
including Israel’s illegal colonization campaign and all other violations and
grave breaches, is imperative for salvaging the potential for peace.
“In this regard, the Assembly has called upon Israel to comply strictly
with its obligations under international law and to cease all of its unlawful
measures and unilateral actions in the Occupied Palestinian Territory,
including East Jerusalem, that are aimed at altering the character and status of
the Territory, including via the de facto annexation of land, and thus at
prejudging the final outcome of peace negotiations. It also has demanded that
Israel comply with its legal obligations under international law, as mentioned
in the advisory opinion and as demanded in resolutions ES-10/13 of
21 October 2003 and ES-10/15 of 20 July 2004. In addition, the Assembly has
reiterated its demand for the complete cessation of all Israeli settlement
activities and for the full implementation of the relevant Security Council
resolutions. Regrettably, and much to the detriment of the search for a peaceful
settlement, Israel, the occupying Power, has not complied with any of these
demands and in fact continues to actively and flagrantly commit violations.
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The Assembly must therefore continue to demand that Israel, the occupying
Power, abide by international law and United Nations resolutions and cease all
such illegal actions, and should seriously consider actions to compel it to
comply.
“Operative paragraphs 14, 15 and 16 of resolution 61/25 are also central
to this resolution and indeed to the peaceful settlement of the question of
Palestine as a whole. The elements in these paragraphs constitute key
requisites for achieving a just and lasting peace, and all efforts must continue
to be exerted towards their fulfilment.
“The aid has become ever more crucial in light of the continued
deterioration of socio-economic and humanitarian conditions over the past
year, the deterioration of the economy and the degradation of Palestinian
national institutions.
“Finally, we urge the Secretary-General to exert the efforts requested in
operative paragraph 18, guided by the Charter and on the basis of international
law and United Nations resolutions. Indeed, the United Nations as a whole has
a permanent responsibility towards the question of Palestine until it is resolved
in all its aspects, in accordance with international law. The United Nations
should work concertedly to implement its relevant resolutions, which form the
foundations for the achievement of a just, lasting and comprehensive peace.
“As resolution 61/25, regrettably, remains unimplemented, the General
Assembly is duty-bound to continue pursuing efforts for a peaceful settlement
of the question of Palestine via, inter alia, the implementation of the provisions
of this important resolution. Serious efforts must be exerted to uphold the law,
to bring an end to the Israeli occupation and to bring about the realization by
the Palestinian people of their inalienable rights in their independent State of
Palestine, with East Jerusalem as its capital, and to thus allow for the
establishment of peace, stability and security for both the Palestinian and
Israeli peoples, as well as the region as a whole. Accordingly, in light of the
current critical situation, the international community must act collectively to
compel Israel, the occupying Power, to comply with United Nations
resolutions 242 (1967), 338 (1973) and all other relevant General Assembly
and Security Council resolutions, to abide by its legal obligations under the
Fourth Geneva Convention and the human rights covenants, to fully respect
the advisory opinion of the International Court of Justice. Such action by the
international community will tangibly contribute towards the promotion of the
peace process and the ultimate achievement of a peaceful settlement of the
question of Palestine.”
II. Observations
5. During the reporting period, political turmoil, violence and the creation of
facts on the ground further undermined efforts to achieve a peaceful settlement of
the question of Palestine. However, in a positive development, bilateral dialogue
between the Israeli Prime Minister and the Chairman of the Palestine Liberation
Organization resumed, in a context of renewed regional and international
engagement, to help realize the vision of two States living side by side in peace and
security.
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6. The reporting period was marked by intense rivalry between Palestinians loyal
to Fatah and to Hamas in Gaza, with efforts to bridge differences undermined by
episodes of heavy violence. In February 2007, following a year of isolation of the
Hamas-led Palestinian Authority Government, an agreement to form a national unity
Government which respected the signed agreements of the Palestine Liberation
Organization, was reached under the auspices of King Abdullah of Saudi Arabia.
President Abbas subsequently tasked Prime Minister Hanniyeh to form a national
unity Government.
7. The Quartet, which had stated in January 2006 that it was inevitable that
assistance to any Palestinian Government would be reviewed by donors against the
commitment of that Government to the principles of non-violence, recognition of
Israel, and acceptance of previous agreements and obligations, encouraged progress
in the direction of these principles. Some donors engaged the new Government, but
most maintained a “wait and see” approach.
8. Regrettably, the agreement did not lead to significant alterations in the
behaviour of security elements and militias. Heavy intra-Palestinian fighting
resumed in May 2007. On 15 June, Hamas took control of the Gaza Strip, in fighting
that shocked many by its brutality. President Abbas declared a state of emergency,
dismissed Prime Minister Hanniyeh, and appointed Salam Fayyad as Prime Minister
of an emergency Government.
9. Hamas refused to accept the appointment of the new Government and
continued to assume control over the Gaza Strip. As the Palestinian Legislative
Council failed repeatedly to convene to confirm or dismiss the emergency
Government, owing to boycotts by either Hamas or Fatah, Prime Minister Fayyad
was reappointed by President Abbas on 13 July to lead a caretaker Government. I
believe that the Palestinian Authority remains the only legitimate authority, and that
Gaza and the West Bank continue to form one single Palestinian territory. Without
the de facto reintegration of Gaza under the Palestinian Authority, efforts to
revitalize the peace process will be difficult to sustain.
10. In Israel, the Government faced difficulties throughout the reporting period
due to political scandals and investigations into the conduct of the July 2006
conflict with Hezbollah. Prime Minister Olmert broadened his coalition in October
2006 by including the party Israel Our Home, which favours transfer of Palestinian
citizens of Israel. In June 2007, the Labour Party, a partner in the governmental
coalition, elected Ehud Barak as its leader. On 13 June, Shimon Peres was elected
by the Knesset as Israel’s ninth president.
11. Violence between Israelis and Palestinians, as well as among Palestinians,
continued into the seventh year since the collapse of the Oslo process. Altogether,
11 Israelis and 1,053 Palestinians lost their lives in the reporting period. I deplore
the heavy internecine violence in Gaza, which has brought about a major increase in
the number of Palestinians killed and injured by fellow Palestinians. I condemn acts
of terrorism, including a suicide bombing in Eilat and Palestinian rocket fire from
the Gaza Strip, which have continued during the reporting period, causing civilian
casualties and damage in Israel, and have also targeted crossings into the Strip. I
also deplore the continuation of Israeli military operations into the Gaza Strip,
which lead to civilian casualties. While fully acknowledging the right to selfdefence
of Israel, I recall that this right must be exercised in accordance with
international law, that civilians must be protected, and that an appropriate
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mechanism of accountability must be in place. In this regard, I note with concern the
continuation of the practice of extrajudicial killings of alleged Palestinian militants,
which has often resulted in the deaths of innocent bystanders.
12. On 4 July, I was relieved when Alan Johnston, a British journalist who had
been kidnapped by Palestinian militants in Gaza nearly four months before, was
released. However, it is a matter of regret that Israeli Corporal Shalit, who was
captured by Palestinian militants in June 2006, has not been released. I am grateful
to the Government of Egypt for its efforts to secure his release and that of a number
of the more than 10,000 Palestinian prisoners in Israel. I am also concerned by the
continuing detention by Israel of nearly a third of all Palestinian legislators, and I
call for their release.
13. The wide-ranging military operation initiated by the Israel Defence Forces in
the Gaza Strip after the capture of Corporal Shalit continued until a ceasefire was
reached in November 2006. This operation was marked by a deplorable incident on
8 November, when at least 18 Palestinians, nine of whom were children, were killed
in their homes by Israeli fire in Beit Hanoun. The General Assembly, at its tenth
emergency session, requested the Secretary-General to establish a fact-finding
mission on the attack. In a letter to the President of the General Assembly dated
21 December, my predecessor informed her that the Israeli Government had not
indicated that it would extend the necessary cooperation to the mission, and he
regretted that he had been unable to dispatch the mission.
14. Israeli excavations surrounding a new link between the Mughrabi Gate to the
Haram as-Sharif/Temple Mount in the Old City of Jerusalem led to incidents of civil
disorder and tension both on the ground and regionally.
15. The continued Israeli creation of facts on the ground has also undermined the
search for a peaceful settlement. The Government of Israel has continued to fail to
meet its obligation under the road map calling for a comprehensive settlement freeze
and the dismantling of outposts. I wish to emphasize that a halt to settlement
expansion is a necessity for the creation of a contiguous and viable Palestinian
State, and for the credibility of the process not to be undermined. During the
reporting period, settlement development and construction has continued, with
major construction taking place, and the number of settlers in the West Bank and
East Jerusalem has increased by 5.5 per cent. Furthermore, none of the more than
100 outposts in the West Bank have been removed.
16. I continue to note with concern the route of the wall, particularly as it results
in the confiscation of Palestinian land and cuts off the movement of people and
goods, in contravention of Israel’s legal obligations as set forth in the advisory
opinion of the International Court of Justice of 9 July 2004. In accordance with the
provisions of General Assembly resolution ES-10/17, I have continued efforts to
establish the United Nations Register of Damage Caused by the Construction of the
Wall in the Occupied Palestinian Territory. On 10 May 2007, I appointed three
international experts as members of the Board of the Register of Damage. The
Secretariat is also in the process of completing the recruitment of qualified staff and
the establishment of the Office of the Register of Damage at the United Nations
Office at Vienna. As detailed by the Office for the Coordination of Humanitarian
Affairs, the route of the barrier and the nature of the closure regime in the West
Bank are intimately related to the existence and continued expansion of settlements,
in violation of the Fourth Geneva Convention.
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17. It remains a source of great concern that the Agreement on Movement and
Access of November 2005 has not been implemented. Exports from Gaza have
totalled only a fraction of the agreed targets. Even before the more severe closure of
Gaza crossings following the Hamas takeover, many factories had closed and
farmers were unable to export crops. No progress has been reported on bus or truck
convoys between the Gaza Strip and the West Bank, nor on plans to rebuild the Gaza
seaport and airport. The number of the internal closures imposed by the Israeli
authorities in the West Bank increased from approximately 400 at the time of the
Agreement on Movement and Access, to 532 in August 2007, severely impeding
normal economic activity.
18. During the reporting period, the European Commission, in agreement with the
Quartet, renewed and expanded the mandate of the temporary international
mechanism. Total assistance to Palestinians in 2006, excluding funds channelled by
donors not following the Quartet principles, reached approximately $1.2 billion,
representing an increase of 10 per cent over 2005. Approximately €510 million,
including a total European Union contribution of €485 million, was made available
between June 2006 and August 2007 to the temporary international mechanism, thus
helping the health and education sectors to continue to function, albeit with major
disruptions. Humanitarian assistance also increased dramatically. In spite of this
substantial effort, the deterioration of the situation made it clear that the temporary
international mechanism could not be a substitute for the Palestinian Authority.
19. Consequently, the period before June 2007 was marked by an unprecedented
fiscal crisis for the Palestinian Authority. As a result of the suspension of most direct
international assistance and the withholding by Israel of the clearance revenue it
collected on behalf of the Palestinian Authority, it faced a deficit of about 30 per
cent of gross national product. This fiscal crisis in turn contributed to a serious
decline in the delivery of public services. Most public schools in the West Bank
remained closed for a prolonged period of time; public health facilities offered only
limited services; and non-payment of the security services did not contribute to their
effective functioning.
20. The takeover of Gaza by Hamas led to the absence of Palestinian Authority
forces at the crossings, leaving the crossings mostly inoperable. I expressed my
concern about the humanitarian and economic impact of this situation, and I
reiterate my call on all parties to work constructively to operate the crossings. While
humanitarian assistance is entering Gaza, it cannot suffice to stop the economic
decline that results from the virtual inability to import raw materials essential for the
production of industrial goods and construction, and export agricultural products
and commercial goods. It is estimated that 90 per cent of Gaza’s industrial capacity
has been suspended and more than 70,000 workers have been laid off since June.
Eighty per cent of the population in Gaza relies on food assistance from the United
Nations.
21. The decision of the international community to re-engage with the Palestinian
Authority during the summer of 2007, and the transfer by the Israeli Government of
Palestinian tax revenues to the Palestinian Authority helped to ameliorate the latter’s
fiscal situation. As a result, Prime Minister Fayyad was able to pay full salaries to
160,000 Palestinian Authority employees for the first time in 15 months. In spite of
this progress, the fiscal situation of the Palestinian Authority remains precarious, as its
fiscal framework for 2007 shows a deficit for current operations of close to $1.6 billion.
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22. I welcome the renewal of international diplomatic efforts in the reporting
period to help the parties resume dialogue and overcome the many obstacles to
peace. United States President Bush renewed his commitment to a two-State
solution in a speech on 16 July 2007, and announced the intention of the United
States to convene an international meeting in the autumn. This initiative built on the
efforts of United States Secretary of State Condoleezza Rice from the start of 2007
to facilitate regular meetings between Palestinian President Abbas and Israeli Prime
Minister Olmert. The leaders have met on several occasions during the reporting
period for substantive discussions.
23. I encourage the leaders to find genuine and substantive understandings on
permanent status issues for the international meeting, together with an agenda on
further steps, both diplomatic and on the ground. Such steps would build on those
already taken, such as the transfer of withheld Palestinian tax revenues to the
Palestinian Authority, the release of 256 Palestinian prisoners, and the agreement
not to arrest 173 wanted persons. The additional steps must, inter alia, bring an end
to settlement expansion and remove outposts, improve Palestinian Authority security
performance, enhance security cooperation, ease the severe restrictions on freedom
of Palestinian movement, and create new economic opportunities for Palestinians.
24. In helping to advance this agenda, former British Prime Minister Tony Blair,
who was appointed as Quartet representative on 27 June, will have a vital role to
play. He has taken up with admirable commitment his new functions to support
Palestinian institutional reform and economic rejuvenation. The United Nations is
committed to providing the necessary support to ensure the success of his mission.
25. I welcome the efforts of the League of Arab States and several Arab countries
to advance regional efforts for peace. On 28 March in Riyadh, the League of Arab
States reaffirmed the Arab Peace Initiative. A follow-up ministerial committee
established working groups to engage international partners and Israel and create
greater public awareness of the potential of the initiative, and in July the Ministers
for Foreign Affairs of Egypt and Jordan travelled to Israel to engage the
Government of Israel. I note also that the Syrian Arab Republic has continued to
state its commitment to the Arab Peace Initiative.
26. I further welcome Norway’s proposal to reactivate the ad hoc liaison
committee, which has not met since December 2005. The next meeting, to be held in
New York on 24 September 2007, will be an opportunity to discuss management of
assistance to the Palestinians, financial support to the Palestinian Authority, and
Palestinian institutional reform, in consultation with the Quartet representative. It
will be a stepping stone towards a donor pledging conference planned for December.
In this context, the Palestinian Authority is expected to publish a three-year
medium-term expenditure framework by November 2007. I hope that this strategy
will take into account the needs of all Palestinians, in the West Bank and in Gaza.
27. The United Nations has remained engaged at a political level. The Secretariat
has provided monthly briefings to the Security Council on developments in the
Middle East, as well as whenever the situation on the ground has demanded that the
Council be kept urgently apprised. I travelled three times to the region since
becoming Secretary-General. I also attended four meetings of the Quartet, which has
been re-energized, and I will host a meeting of the Quartet in New York on
23 September 2007. Members of the follow-up committee of the League of Arab
States on the Arab Peace Initiative will also meet with the Quartet. I am confident
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that this round of consultations will be helpful in shaping the context for the
international meeting this autumn and the intimately related work of Mr. Blair.
28. I take this opportunity to deplore any threat or violence exerted against United
Nations staff and humanitarian workers operating in the Occupied Palestinian
Territory in general. I am particularly concerned at the fact that Palestinian and
international United Nations staff members have faced increasingly arbitrary
treatment by Israeli authorities, and I am looking forward to improvements in this
regard in the context of ongoing discussions with the Government of Israel. I am
also concerned by Palestinian violence targeting United Nations personnel, as has
occurred inside or in the immediate vicinity of United Nations installations, and
elsewhere in Gaza. Two national staff members of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East (UNRWA) were killed and
others were injured while serving the Palestinian people. I pay tribute to their
memory.
29. In this difficult and challenging context, I want to praise the courage and
dedication of the United Nations personnel serving in the Occupied Palestinian
Territory. In particular, I am grateful to the Director of UNRWA Operations in Gaza,
his staff and the security personnel, who remained at their posts throughout the
height of the fighting in June 2007. I also wish to express my deep appreciation to
Alvaro de Soto and Michael Williams, the previous and outgoing United Nations
Special Coordinators for the Middle East Peace Process and my successive Personal
Representatives to the Palestinian Liberation Organization and the Palestinian
Authority, and the staff of their Office, as well as to the Commissioner-General of
UNRWA, Karen Koning AbuZayd, the staff of the Agency and all other United
Nations agencies, funds and programmes, who continue to provide indispensable
and remarkable service under demanding and sometimes dangerous circumstances.
30. At this juncture, I am encouraged by the renewed and substantive dialogue
between the parties and the reaffirmed commitment of the international community,
including regional partners, on the political and assistance aspects of the peace
process. I am also reassured by the repeated polls that show that a majority of
people on both sides support the realization of the two-State solution in a
non-violent manner. However, I remain deeply conscious of the challenges,
particularly in the light of the continued Israeli settlement policy, the de facto
division of the Occupied Palestinian Territory, the challenge of improving
Palestinian Authority security performance and rejuvenating its economy, and the
potential for those who oppose progress in the peace process to try to derail it
through violence. I stress that it is vital that Hamas cease any effort to establish
separate rule in Gaza and that Palestinians find peaceful means to overcome their
internal differences and unite towards peace under the Palestinian Authority.
31. As Secretary-General, I will continue to ensure that the United Nations works
towards the creation of an independent, democratic, contiguous and viable
Palestinian state living side by side in peace with a secure Israel, within the
framework of a comprehensive regional settlement, consistent with Security Council
resolutions 242 (1967), 338 (1973), 1397 (2002) and 1515 (2003), and in accordance
with the road map, the Arab Peace Initiative and the principle of land for peace.
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Secretary-
General
New York
21 October 2014
Secretary-General's remarks to Security Council brieng on the
Situation in the Middle East [as delivered]
I thank Argentina for organizing this important brieng session. As you know, I returned last week
from Egypt, Israel and Palestine, which included my rst visit to Gaza since this summer’s conict.
In Egypt, I attended the Conference on Palestine which focused on Gaza’s reconstruction. I would like
to thank the co-chairs, Egypt and Norway, for their leadership.
The event surpassed expectations with pledges from some 50 countries amounting to $5.4 billion. It
is important that these promises quickly materialize into concrete assistance on the ground.
The clock is ticking. $414 million is immediately needed for humanitarian relief, $1.2 billion for early
recovery needs and $2.4 billion for reconstruction efforts.
More than 100,000 residents of Gaza remain homeless with over 50,000 still sheltering in UNRWA
school buildings. Many still lack access to the municipal water network. Blackouts of up to 18 hours
per day are common.
Meanwhile winter is approaching.
I urge the international community to move quickly to deliver much needed assistance.
Nothing could have prepared me for what I witnessed in Gaza.
I saw mile after mile of wholesale destruction. I visited a United Nations school in the Jabalia refugee
camp which was shelled during the hostilities. Civilians had sought protection under the UN ag.
Parents and children shared heart-wrenching accounts of suffering and pain.
I met a young man whose brothers and sisters perished in the blasts. He is now conned to a
wheelchair having lost his legs.
I look forward to a thorough investigation by the Israeli Defence Forces of this and other incidents in
which UN facilities sustained hits and many innocent people were killed.
I am planning to move forward with an independent Board of Inquiry to look into the most serious of
those cases, as well as instances in which weaponry was found on UN premises.
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Israelis also suffered during the conict. I travelled to a kibbutz where I met the grieving family of a
four-year-old child named Daniel who was killed by a Hamas rocket - another innocent victim of this
mindless conict. As I said in Gaza, ring rockets is unacceptable, and the rockets have brought
nothing but suffering.
I also visited a tunnel built by militants to launch attacks.
I fully understand the security threat to Israel from rockets above and tunnels below. At the same
time, the scale of the destruction in Gaza has left deep questions about proportionality and the need
for accountability.
Despite the harsh reality on the ground, I left Gaza with a measure of hope.
During my visit to Gaza, the rst supplies of urgently needed construction materials entered Gaza
under the temporary mechanism brokered by my Special Coordinator.
If implemented in good faith, this mechanism can help bring stability to Gaza.
I also welcome the offer by Turkey of a ship to serve as a temporary power plant and Israel’s positive
consideration of this arrangement. This is the kind of action and cooperation needed now to alleviate
the situation in Gaza.
Palestinians are taking critical steps to forge a united path to the future.
This includes an intra-Palestinian reconciliation agreement followed by a historic meeting in Gaza of
the Cabinet of the Government of National Consensus. A united Palestinian Government is beginning
to take shape.
During my visit, I met Prime Minister [Rami] Hamdallah and his Cabinet in Ramallah and Deputy Prime
Minister [Ziad] Abu Amr and several Ministers in Gaza to further underscore UN support for a unied
Palestinian leadership.
The national consensus government must be consolidated so it can assume its rightful
responsibilities in Gaza, including deployment to the border crossings.
This is crucial, as effective management of Gaza’s borders will facilitate the ow of construction
materials into Gaza and allow the restoration of trade between Gaza and the West Bank.
Civil and administrative reform and other related issues must also become a priority to help unify the
two separate strands of administration for the Gaza Strip.
I welcome the generous contribution by the Government of Qatar and the Emir, His Highness Sheikh
Tamim bin Hamad Al-Thani, towards a one-time humanitarian payment by the end of this month in
Gaza for a number of civil service employees.
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Notwithstanding the immediate needs in Gaza, the situation in the West Bank demands renewed
attention.
In my meetings in Jerusalem, I reiterated my deep concerns about plans to construct residential
housing units in occupied East Jerusalem.
International law is clear: settlement activity is illegal. It runs totally counter to the pursuit of a twostate
solution. I urge the Israeli Government to reverse these activities.
I also remain deeply concerned by unilateral actions, restrictions and provocations at the Holy Sites in
Jerusalem.
I take note of Prime Minister [Benjamin] Netanyahu’s personal assurance to me in Jerusalem of his
Government’s commitment to refrain from altering policies with respect to the Holy Sites that have
been in place over many decades.
I am also concerned about mounting numbers of attacks by settlers and others as well as Israeli
plans to “relocate” some 7,000 Palestinian Bedouins, the majority of whom are refugees, from their
current locations in the central West Bank, including in the strategic E1 area.
Such an action, if implemented in a forcible manner, would be contrary to international human rights
and humanitarian law.
The cycle of build and destroy must end.
The international community cannot be expected to continually pick up the pieces of another war and
then pick up the bill.
As I said in Cairo, let this be the last Gaza reconstruction conference.
I welcome the planned resumption of indirect ceasere talks between Israel and the Palestinians,
under Egyptian auspices in Cairo. I also recognize positive steps by Israel to ease restrictions on
movement and trade in the West Bank and Gaza. These must be further expanded.
But, as I repeated throughout my visit to the region, there is no hope for long-term stability in Gaza
without addressing the underlying causes of the conict: an end to the occupation that has grinded
on for nearly half a century, a full lifting of the blockade on the Gaza Strip and effectively addressing
Israel’s legitimate security concerns.
Ultimately, long-term stability requires a comprehensive peace agreement leading to a viable and
independent Palestinian state.
Leaders on both sides must overcome their differences and dispense with the unilateral initiatives
that serve only to fuel mistrust and polarization. The two-state solution is the only viable option for a
durable peace.
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It is time for courage and vision to make the tough compromises that are needed now.
I challenge both sides to rise to the occasion.
Allow me to use this opportunity to also say a few words about Syria and Lebanon, neither of which
can be considered in isolation from the broader context.
On Syria, last week I called on all parties to step up to protect civilians in the town of Ayn al-
Arab/Kobane.
Ayn-al Arab/Kobane is just one of many places across Syria where civilians are under imminent
threat.
In addition to the barbarity of ISIL or Daesh, the Syrian Government continues to brutally and
indiscriminately attack populated areas, including with barrel bombs.
Our long-term strategic objective in Syria remains a political solution based on the Geneva
Communiqué.
A purely military response to the vicious new threat posed by Daesh could ultimately contribute to the
radicalization of other Sunni armed groups and spark a cycle of renewed violence.
I urge your full support for my Special Envoy’s efforts to reduce the suffering of the Syrian people and
contribute to a political solution.
In Lebanon, I am troubled by a dangerous escalation since the August attacks by Daesh and Nusra
Front on Arsal, the latest ghting earlier this month between the Nusra Front and Hizbullah outside
the town of Brital.
I welcome efforts by Prime Minister [Tamam] Salam and Lebanese leaders to uphold national unity.
The Lebanese parties should urgently demonstrate exibility to open the way for the election of a
President of the Republic of Lebanon without further delay.
In this context, the challenge of the refugee presence in Lebanon has become ever more complex. I
welcome the upcoming meeting of the International Support Group for Lebanon in Berlin on 28
October.
Finally, I would like to underscore the importance of ensuring calm continues to prevail along the Blue
Line. This is vital to the stability of Lebanon and the region.
I welcome the re-commitment by both Lebanon and Israel to their obligations under resolution 1701
and to cooperating fully with UNIFIL.
Thank you once again for this opportunity and thank you for your attention. Let us work together to
bring long-sought peace and lasting stability to the people of the Middle East. Thank you.
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Secretary-
General
Jerusalem, Israel
20 October 2015
Readout of the Secretary-General’s meeting with MK Isaac Herzog,
leader of the Zionist Union party in Israel, and MK Tzipi Livni
The Secretary-General met today with MK Isaac Herzog, leader of the Zionist Union party and leader
of the opposition at the Knesset. The Secretary-General offered his condolences for the tragic deaths
of Israeli citizens in recent attacks in Jerusalem, the West Bank and Israel.
He expressed his concern that unless urgent action is taken, dynamics on the ground will only get
worse and the violence will be exploited by religious extremists.
The Secretary-General said that he is particularly concerned with the situation at Haram al
Sharif/Temple Mount and the religious dispute over it, which has serious repercussions not only for
Israel and Palestine but throughout the region. He underscored the importance of direct dialogue
between Israel and Jordan, in line with previous agreements between the two countries, and in
recognition of Jordan's special role.
The Secretary-General concluded that ultimately, only moving forward to restore a political horizon
will end the recurring cycles of violence.
ON THE JOB
Daily Schedule
Appointment Process
Role of the Secretary-General
Former Secretaries-General
Official Travels
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Secretary-
General
Jerusalem
20 October 2015
Remarks at press encounter with Prime Minister Benjamin
Netanyahu of Israel
Ban Ki-moon
Mr. Prime Minister, thank you very much for the warm welcome. Ladies and gentlemen, Shalom. I
thank Prime Minister Benjamin Netanyahu for welcoming me on such short notice. These are dicult
times for Israelis and Palestinians. I am here in the hope that we can work together to end the
violence, ease the tensions, and begin to restore a long-term political horizon of peace.
I want to offer, rst of all, my sympathy for the loss and injury of innocent victims. Allow me to
express my condolences to you and the people of Israel for the killing of your citizens.
I deplore the random attacks against civilians. Such terror attacks make every place unsafe, and every
person, regardless of gender or age, a potential victim. Tomorrow, I plan to meet with some of the
families of the victims of the recent violence.
I understand the fear and the anger felt by many Israelis in the current environment, as well as the
duty that weighs on you, Mr. Prime Minister, to ensure that your citizens can enjoy safety and security.
Clearly, those attacks by individuals are not taking place in a vacuum. Over the past weeks, I have
been deeply troubled by statements from Palestinian militant groups, including Hamas and Islamic
Jihad, praising such heinous attacks. In a recent call with President Abbas, I voiced my deep concern
over instances of inammatory rhetoric and urged all to refrain from it. I have also condemned the
arson attack by Palestinian protesters against Joseph's Tomb last week, and I welcome President
Abbas’ condemnation of that incident.
I urge the Israeli Government to do its utmost to help calm the situation. I welcome the recent
statements by you, Mr. Prime Minister, and members of your government and prominent rabbis
expressing Israel’s commitment to the preservation of the historic status quo at the Temple
Mount/Haram al Sharif. I look forward to discussing with you how to uphold the status quo, in
accordance with the agreements between Israel and Jordan and with respect to Jordan’s special role
as custodian. I urge you, Mr. Prime Minister, to engage with the King of Jordan directly. I am going to
see His Majesty, the King of Jordan, on Thursday in Amman.
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Mr. Prime Minister, the security challenges your Government is currently facing raise many
complicated dilemmas and may require tightening of security measures. However, security measures
can be counterproductive if they are applied without special efforts to defuse situations before
people lose their lives. If the use of force is not properly calibrated, it may breed the very frustrations
and anxieties, from which violence tends to erupt. I urge Israel, as a democratic state, to guard
against such incidents and to conduct thorough investigations when necessary.
Israelis and Palestinians stand on the brink of another catastrophic period of violence. We need to
keep the situation from escalation into a religious conict, with potential regional implications. We
must create the conditions for meaningful negotiations that will end the occupation and realize the
aspirations of both peoples.
The only way to end this conict is through negotiations that produce visible, meaningful results.
Unilateral actions from either side will only perpetuate the downward spiral.
The leaders on both sides, and their peoples, face extremely dicult decisions on the road to peace.
No one can take those decisions for them – but neither can the world wait and watch another deadly
tragedy unfold.
The generation born after the Oslo Peace Accord expect and want peace. We cannot fail them.
I and my special coordinator on the ground, Mr. Nickolay Mladenov, are fully committed to working
closely with your government and all the relevant actors regionally and internationally in order to
create conditions for meaningful negotiations.
There can be no de-escalation of violence without a re-emergence of hope.
Toda raba (Thank you)!
ON THE JOB
Daily Schedule
Appointment Process
Role of the Secretary-General
Former Secretaries-General
Official Travels
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JAN ELIASSON
UNITED NATIONS DEPUTY SECRETARY-GENERAL
BRIEFING TO THE SECURITY COUNCIL
ON THE SITUATION IN THE MIDDLE EAST
22 OCTOBER 2015
The Israeli-Palestinian conflict has, once again, entered a dangerous phase. The eruption of
violence gripping the occupied West Bank, including East Jerusalem, as well as Israel and Gaza
shows no signs of abating. From 1 to 21 October, 47 Palestinians and seven Israelis have been
killed. More than 5,000 Palestinians and some 70 Israelis have been injured.
We condemn, in the strongest terms, all attacks against Israelis and Palestinians alike. The
recent wave of knife attacks and shootings is particularly appalling. There can be no justification
for such despicable acts.
As he reported to the Council yesterday, the Secretary-General travelled to Israel, Palestine and
Jordan where he met with senior Israeli and Palestinian officials and King Abdullah II. In all his
exchanges he condemned and conveyed alarm at the upsurge in attacks and violence over the
past two weeks and offered his deep condolences to the people of Israel and Palestine. He also
had moving meetings with victims and their families on both sides.
The Secretary-General’s visit had a clear goal: to support collective efforts to stop the violence,
reduce the tensions and incitement, and begin to draw a political horizon that can lead to lasting
peace and security. President Abbas and Prime Minister Netanyahu assured the Secretary-
General that they are working to curb the violence, in particular through continued security
coordination. Yet, while important, security measures alone will not suffice.
Let us be clear. There is no justification whatsoever for murder. That should not stop us from
asking why the situation has deteriorated. This crisis would not have erupted, I suggest:
if the Palestinian people had a perspective of hope towards a viable Palestinian state,
if they had an economy that provides jobs and opportunities,
if they had more control over their security and the legal and administrative processes that define
their daily existence – in short,
if the Palestinians did not still live under a stifling and humiliating occupation that has lasted
almost half a century.
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They see, instead, the growth of illegal settlements in the occupied West Bank, including East
Jerusalem, which undermines the very possibility of a two-state solution and poses growing
security risks to the Palestinian population.
They see the emergence of a parallel de-facto settler community, with better infrastructure, better
services and better security than in Palestinian populated areas.
With every passing day their dream of real statehood is becoming more elusive. Nowhere is the
frustration and anger at the current situation more evident than among the young people.
The current situation also, understandably, sharpens a sense of fear amongst the Israeli
population. Israeli civilians see the recurrence of violence as seriously threatening their personal
security, and their country’s security. They are also alarmed over signs that anti-semitism is on
the rise globally. We must understand these Israeli concerns. Israelis see growing attempts in
the international community at what they believe aimed at “delegitimization” of the State of
Israel. When confronted with a climate of terror, Israelis rightly expect their authorities to
enforce security.
Taken together, the failed peace initiatives and the reluctance of leaders on both sides to take the
bold steps necessary to make progress will create a highly combustible reality. A reality in which
Israel’s security concerns remain unmet and the Palestinian national struggle risks taking on an
ever more violent dimension – and this in a region already wracked by violent, religious
extremism.
The Secretary-General condemned the setting ablaze of Joseph’s Tomb last week in the West
Bank by hundreds of Palestinians. This was a shocking act of violence with the potential to lead
to reprisals affecting other Holy Sites. The sanctity of all Holy Sites must be respected,
especially so as to deny extremist elements any opportunity to transform the current situation
into a religious conflict.
Tensions at the Holy Sites in the Old City of Jerusalem continue to be a dangerous driver of the
current wave of violence. This year, during the holy month of Ramadan – the most quiet in ten
years by the way – Jerusalem welcomed some three million visits by Muslim worshippers from
the West Bank, Gaza and Jerusalem.
However, extremists on all sides have sought to disturb the historic status quo. Concerns among
Muslims that this is under threat have been exacerbated by irresponsible incendiary statements.
These have come from a number of sources and directions, reaching the point that many have
become convinced that the Israeli government plans to violate the historic status quo.
The Secretary-General welcomes Prime Minister Netanyahu’s repeated assurances, most lately
during his visit, that Israel has no intention of changing the historic status quo at the Haram al
Sharif/Temple Mount. But that message will only resonate if swift action is taken on the ground
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that demonstrates this public commitment. In this regard, we welcome the Prime Minister's
decision to ban Ministers and Knesset members from visiting the Holy Sites.
The Secretary-General encourages Israel and Jordan, in view of its special role as a Custodian of
the Holy Sites, to act jointly and coordinate the necessary steps. This would be in line with their
previous understandings to ensure that the historic status quo is preserved.
The shocking murders of the Dawabshe family in July and the lack of progress in arresting the
perpetrators were another critical trigger of the current escalation. This incident reflects an
increasing sense of critical exposure among Palestinians in the face of settler violence and
reinforces their feeling of injustice.
It is imperative that Israel takes action to empower Palestinian institutions to protect vulnerable
communities. It must vigorously address the perceived impunity for settler violence by
expediting investigations and prosecutions of the Dawabshe family’s killers.
The third factor perpetuating the fragile situation is the level of force used by Israeli security
forces in countering some of the violence. A number of incidents, many caught on video and
widely disseminated, call into question the degree of response, including the apparent
disproportionate use of lethal force as a first resort.
The Secretary-General has reminded Israeli authorities that live fire should be used only as a last
resort, in situations of imminent threat of death or serious injury. It is their duty to ensure a
prompt and independent investigation into incidents where use of force has resulted in death or
injury, and to ensure accountability where there is evidence of wrongdoing.
The Secretary-General is also concerned that Israeli authorities have resumed punitive
demolitions, targeting the homes of perpetrators, or alleged perpetrators, of attacks against Israeli
civilians and security forces.
Incitement is another factor significantly fueling the situation. While the leadership on both sides
have tempered their rhetoric of late, misleading and inflammatory public statements continue to
surface from all sides. The vitriolic nature of the public discourse is alarming. Every incident that
takes place evokes impassioned narratives and counter-narratives that feed a vicious cycle of
hatred and division.
Contrary to the shameful boasts by militant Palestinian groups, including members of Hamas,
there is nothing “heroic” about the killing of an innocent man and the serious injury of his wife
and two-year old child as they walked through Jerusalem’s Old City. Or the stabbing of a 65-
year-old woman near a bus station in Tel Aviv. Or the killing of an Israeli couple while driving
with their four children. This is murder, full stop.
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Crimes like these risk perpetuating the current climate of fear and mistrust. We call on all
stakeholders, including the Palestinian leadership, to unequivocally condemn the violence and
stand up publicly against extremism and incitement.
Failure to do so, on both sides, leaves the door open for extremists to aggressively promote their
destructive agendas.
The first priority for all of us must be de-escalation. Let me emphasize again, as the Secretary-
General did yesterday, that the violence is rooted in the absence of a genuine political narrative
and political horizon. Each month we have conveyed to this Council the reality on the ground
that is the backdrop of this latest outbreak. Efforts must be amplified from all quarters to restore
Palestinian and Israeli hope that peace is still possible. We must urgently achieve real progress
towards a negotiated two-state solution.
To do so we must see significant change of policies, consistent with prior agreements, which will
strengthen the Palestinian institutions, economy and security. This would help create the
conditions for the parties to return to meaningful negotiations. We need to hear Palestinian
leaders address sincerely Israelis’ legitimate security concerns and see them take steps to end
incitement.
To this end, the Middle East Quartet Envoys must continue their outreach to regional and
international partners to examine how they may contribute to a comprehensive resolution of the
conflict. The Envoys are planning visits to Israel and Palestine in the coming period.
In closing, Palestinians and Israelis deserve a future free from the fear of repeated new rounds of
violence. Establishing the beginning of trust between the parties is key to overcoming the painful
legacy of this conflict. The United Nations will continue to work at the side of Israelis,
Palestinians and international partners to advance this crucial goal towards peace and
reconciliation.
I thank you.
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Security Council Distr.: General
14 December 2022
Original: English
22-28593 (E) 211222
*2228593*
Implementation of Security Council resolution 2334 (2016)
Report of the Secretary-General
I. Introduction
1. The present report is the twenty-fourth quarterly report on the implementation
of Security Council resolution 2334 (2016), covering the period from 21 September
to 7 December 2022.
II. Settlement activities
2. In its resolution 2334 (2016), the Security Council reaffirmed that the
establishment by Israel of settlements in the Palestinian territory occupied since 1967,
including East Jerusalem, had no legal validity and constituted a flagrant violation
under international law and a major obstacle to the achievement of the two-State
solution and a just, lasting and comprehensive peace. The Council reiterated its
demand that Israel immediately and completely cease all settlement activities in the
Occupied Palestinian Territory, including East Jerusalem, and that it fully respect all
of its legal obligations in that regard. No such steps were taken during the reporting
period, as settlement activities continued.
3. On 23 November, the Supreme Court of Israel rejected a petition by an Israeli
non-governmental organization and Palestinian landowners against the allocation of
land, which has been declared by Israel as “State land”, for a new settlement known
as Givat Eitam, near the existing settlement of Efrat. The decision allows the process
planning for the new settlement to begin. If built, the settlement will impede the
contiguity between Bethlehem and the southern occupied West Bank, further
undermining the territorial integrity of a future Palestinian State, as well as
Palestinian development in the area.
4. Demolitions and seizures of Palestinian-owned structures continued across the
occupied West Bank, including in East Jerusalem, throughout the reporting period.
Israeli authorities, citing the lack of Israeli-issued building permits, which remain
almost impossible for Palestinians to obtain, demolished, seized or forced people to
demolish 199 structures. The demolition of those structures resulted in the
displacement of 196 persons, including 106 children, and affected 700 other persons.
5. A total of 6 per cent of the structures were demolished or seized with no or very
short prior notice on the basis of military order 1797, which authorizes an expedited
process for the demolition of unauthorized “new structures” in Area C and gives
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owners 96 hours to demonstrate possession of a valid building permit. Another 10
structures were demolished by their owners following receipt of demolition orders.
Of the structures that were demolished or seized, some 20 were funded by
international donors.
6. On 2 October, the High Court of Justice of Israel rejected a petition for an
additional hearing on its 4 May ruling on Masafer Yatta allowing for the eviction of
12 Palestinian herding communities, which comprised more than 1,150 residents,
including more than 500 children, in the southern occupied West Bank. The rulings
authorized the Israeli military to train in the “firing zone” located on some 7,400 acres
of privately owned Palestinian land.
7. On 3 October, the High Court of Justice granted the Government of Israel a
postponement until 1 February 2023 for its response to a petition aimed at compelling
Israeli authorities to implement their previous decisions to evacuate the Bedouin
village of Khan al-Ahmar, in Area C of the occupied West Bank.
8. On 23 November, Israeli authorities demolished a donor-funded school in
Masafer Yatta. Construction of the school had recently been completed for children
who previously had to walk several kilometres through settlement areas to attend
school.
9. On 13 November, the Jerusalem District Court announced that it had rejected an
appeal by a Palestinian family to cancel eviction orders seeking to remove the family
from its homes in the Batan al-Hawa section of Silwan in favour of a settler
organization. The family is one of 85 in Batan al-Hawa facing displacement.
10. Overall, in occupied East Jerusalem, at least 218 Palestinian households
comprising 970 people, including 420 children, are facing eviction cases in Israeli
courts. Most cases were initiated by Israeli settler organizations and are based on the
application of Israeli laws that allow for properties in East Jerusalem that were owned
by Jews prior to 1948 to be reclaimed. No similar law allows Palestinians to reclaim
their property in Israel.
III. Violence against civilians, including acts of terror
11. In its resolution 2334 (2016), the Security Council called for immediate steps to
prevent all acts of violence against civilians, including acts of terror, as well as all
acts of provocation and destruction, called for accountability in that regard, and called
for compliance with obligations under international law for the strengthening of
ongoing efforts to combat terrorism, including through existing security coordination,
and to clearly condemn all acts of terrorism.
12. Violence increased significantly and continued on a daily basis during the
reporting period, including clashes between Palestinians and Israeli security forces,
high levels of settler-related violence, attacks and alleged attacks by Palestinians
against Israelis, and operations by Israeli security forces, including the use of lethal
force.
13. In total, 56 Palestinians, including 12 children, were killed by Israeli security
forces during demonstrations, clashes, security operations, attacks and alleged attacks
against Israelis, as well as in other incidents. Some 1,830 Palestinians, including 75
women and 168 children, were injured. Of that number, 239 were injured by live
ammunition, while 1,275 were injured owing to tear gas inhalation. In addition, Israeli
settlers or other civilians perpetrated some 264 attacks against Palestinians, resulting
in 103 cases of injury and/or damage to Palestinian-owned property.
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14. A total of seven Israeli civilians, including one child, as well as two members
of Israeli security forces, were killed. In all, 46 civilians, including 3 women and
3 children, as well as 19 members of Israeli security forces, were injured by
Palestinians in attacks, clashes, rock- and Molotov cocktail-throwing, and other
incidents. The majority of them were stone-throwing attacks against Israelis,
including settlers, that resulted in injuries or damage to Israeli-owned property.
15. Israeli security forces conducted more than 765 search-and-arrest operations,
resulting in the detention of more than 826 Palestinians, including some 54 children.
16. On 28 September, five Palestinians, including a 12-year-old-boy, were killed by
Israeli security forces, and more than 50 Palestinians were injured by live ammunition
in the context of an exchange of fire during an Israeli arrest operation in the Jenin
refugee camp.
17. On 3 October, Israeli security forces opened fire on a Palestinian vehicle near
the Jalazone refugee camp, near Ramallah, killing two Palestinian men and injuring
another. The three were workers who regularly commuted along the route. Israeli
security forces said that they had shot at the vehicle after an attempted ramming
attack. The injured man, who was released without charges from Israeli custody on
13 October, said that the Israeli personnel shot at them from various directions as the
vehicle was turning around.
18. On 8 October, Israeli security forces shot and killed a 17-year-old Palestinian
and injured another 17-year-old in al-Mazra'a al-Gharbiyah, near Ramallah. The
shooting occurred after the boys threw stones at Israeli security forces in the context
of a protest against a settlement outpost.
19. Amid a spate of shooting attacks against Israelis, in October, Palestinians shot
and killed two Israeli soldiers. On 8 October, an Israeli soldier was killed at a
checkpoint outside the Shu’fat refugee camp, in occupied East Jerusalem. The Al-Aqsa
Martyrs Brigade claimed the attacker as a member. On 19 October, the suspected
perpetrator was shot and killed in an exchange of fire with an Israeli guard at the
entrance of Ma‘ale Adummim settlement. On 11 October, a second Israeli soldier was
killed in a drive-by shooting near Nablus. The Lions’ Den Brigades, a group of armed
Palestinians based in Nablus, claimed responsibility for the attack.
20. On 23 October, an explosive device placed in a motorcycle killed a senior
member of the Lions’ Den. On 25 October, four Palestinians, including two unarmed
bystanders, were shot and killed during an Israeli military operation in the Old City
of Nablus. Israeli authorities said that they had been targeting an explosives workshop
belonging to the Lions’ Den and that a senior member of the group was among those
killed. During the operation, another Palestinian was killed when his car exploded;
Israeli authorities denied responsibility. Subsequently, thousands of Palestinians in
Nablus and across the occupied West Bank protested against the deaths of the five
Palestinians. During one related clash, a Palestinian man was shot and killed by Israeli
security forces in Nabi Salih village.
21. On 25 October, a Palestinian stabbed an Israeli civilian, who later died of his
injuries, in Funduq village, near Qalqilyah, in the occupied West Bank.
22. On 28 October, Israeli security forces shot and killed two Palestinian men, later
identified as members of the Palestinian civil defence, and injured two others at
Huwwarah checkpoint, near Nablus. Israeli authorities said that their personnel had
returned fire after one of the men shot towards the checkpoint. The circumstances of
the incident remain unclear.
23. On 29 October, a Palestinian shot and killed an Israeli civilian and injured three
others near the Qiryat Arba‘ settlement in Hebron. According to video footage, the
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assailant was subsequently rammed with the vehicle of a settlement guard and then
shot and killed by an off-duty Israeli soldier. One Palestinian was injured by live
ammunition fired by Israeli security forces during the incident.
24. On 30 October, a Palestinian conducted ramming attacks at two different
junctions near Jericho, injuring five Israeli soldiers. The man was subsequently killed
by Israeli security forces.
25. On 2 November, a Palestinian rammed and injured an Israeli soldier at Bayt Awr
al-Fawqa checkpoint, near Ramallah. The man then exited his vehicle and wielded an
axe before being killed by an Israeli soldier.
26. On 3 November, during a search-and-arrest operation in Janin, Israeli security
forces shot and killed a Palestinian suspected of involvement in the earlier killing of
a member of Israeli security forces. The man was later claimed as a commander by
Palestinian Islamic Jihad. Amid a subsequent armed exchange, a 14-year-old boy was
shot and killed by Israeli security forces, reportedly after having fired at Israeli
security forces personnel, and three other Palestinians were injured by live
ammunition.
27. On 3 November, a 20-year-old Palestinian man stabbed and injured two Israeli
security forces personnel in the Old City of Jerusalem. The man was subsequently
killed by Israeli security forces. That same day, Israeli security forces shot and killed
a Palestinian man during confrontations in the context of a search-and-arrest
operation in Bayt Duqqu village, near Jerusalem.
28. On 5 November, Israeli security forces shot and killed an 18-year-old
Palestinian and seriously injured a 16-year-old Palestinian boy after the Palestinians
threw stones towards Israeli vehicles near Sinjil village, in Ramallah.
29. On 9 November, a 15-year-old Palestinian boy was killed, reportedly while
placing an explosive device that detonated, and 60 others were injured by Israeli
security forces – 57 by tear gas and 3 by rubber bullets – during armed clashes
between Palestinians and Israeli security forces in Nablus. The clashes began after
Palestinians reportedly threw stones and explosive devices towards a group of
Israelis, including members of Knesset, who were visiting the nearby Joseph’s Tomb,
accompanied by Israeli security forces.
30. On 14 November, Israeli security forces killed a 15-year-old Palestinian girl
with autism and injured a Palestinian man in a search-and-arrest operation in
Baytunya, near Ramallah. Israeli security forces said that they had opened fire
towards a suspicious vehicle that was accelerating towards them. Palestinian witness
accounts and video footage indicated that the car was moving slowly when Israeli
security forces opened fire. The injured Palestinian man was taken to the hospital and
released on 17 November without charges being pressed.
31. On 15 November, a 19-year-old Palestinian stabbed and killed two Israeli
civilians and injured another near the Ariel settlement, stole the car of one of his
victims, using it to ram and kill a third Israeli civilian, and then stabbed and injured
another person. The man was subsequently killed by Israeli security forces.
32. On 21 November, a 17-year-old Palestinian boy was killed, reportedly a
bystander, and three others were injured by Israeli security forces during a search-andarrest
operation near the Jenin refugee camp, in which Israeli security forces reportedly
launched a shoulder-fired missile and exchanged fire with armed Palestinians.
33. On 23 November, two bombs exploded at separate bus stops in Jerusalem. Two
Israeli civilians were killed, including a 16-year-old Israeli-Canadian boy, and 13
others were injured, 3 seriously. According to Israeli authorities, the explosions were
caused by explosives planted at the sites.
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34. On 23 November, Israeli security forces killed two Palestinians, including a 16-
year-old boy, and injured 210 others during clashes in Nablus. The clashes occurred
after Palestinians reportedly threw stones and other projectiles towards a group of
Israelis who were visiting Joseph’s Tomb.
35. On 28 November, Israeli security forces killed a Palestinian man in the context
of armed clashes in Bayt Ummar, near Hebron. Twenty-one Palestinians were injured
by live ammunition. At the time that he was killed, the man was videorecording the
clashes.
36. On 29 November, Israeli security forces shot and killed a Palestinian man in
Mughayyir, near Ramallah. Israeli authorities stated that the man had thrown a petrol
bomb at them. Video footage and eyewitness accounts indicated that the man was
running away when he was shot.
37. Also on 29 November, Israeli security forces shot and killed two Palestinians in
Kafr Ayn, near Ramallah, one of whom was reportedly carrying a Molotov cocktail.
38. On 1 December, Israeli security forces shot and killed two Palestinian men with
live ammunition during armed clashes in Janin.
39. On 2 December, a Palestinian man was shot and killed in Huwwarah. Video
footage appeared to indicate, and eyewitnesses stated, that the man was unarmed and
resisting arrest at the time that he was shot. Israeli authorities stated that the man was
armed with a knife while attempting to break into a civilian vehicle in which there
were two Israelis and that he subsequently stabbed a member of Israeli security forces.
40. On 5 December, Israeli security forces shot and killed a Palestinian man and
injured six others with live ammunition during a search-and-arrest operation in the
Dheisheh refugee camp, in Bethlehem, in the context of stone-throwing at Israeli
security forces.
41. Settler-related violence increased twofold over the same period in 2021 against
the backdrop of the olive harvest in the occupied West Bank.
42. On 12 October, a group of Israeli settlers, reportedly accompanied by Israeli
security forces, set fire to Palestinian agricultural structures in Qusra, killing
approximately 30,000 chickens. Subsequently, Israeli security forces clashed with
Palestinians in the area; two Palestinians were injured with live ammunition.
43. On 18 November, a group of Israeli settlers, accompanied by Israeli security
forces, attacked Palestinians whose livestock were grazing near Badiw al-Mu‘arrajat
Centre, a Bedouin community east of Ramallah. A 14-year-old Palestinian was
injured.
44. On 18 and 19 November, approximately 35,000 Israelis, many of them settlers,
visited Hebron to attend a religious festival. During the event, hundreds marched
through the Palestinian-administered H1 area of Hebron, chanting nationalistic
slogans and flying Israeli flags. Tensions escalated in the H2 area of Hebron as settlers
threw stones, attacked Palestinian houses and businesses and smashed the windows
of two mosques. One Palestinian was injured by settlers, and six were injured by
Israeli security forces. One member of Israeli security forces was injured in clashes
with settlers.
45. Since the start of the harvest season, at the beginning of October, at least 60
incidents have been recorded, in which 49 Palestinian harvesters have been injured,
and more than 3,600 olive trees have been damaged or had their harvest stolen. Some
Palestinian farmers have also faced challenges in gaining access to their groves
behind the separation barrier or in the vicinity of settlements, which requires Israeli
approval.
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46. On 19 October, some 50 Israeli settlers attacked Palestinian farmers and Israeli
activists gathering olives near the Ma‘ale 'Amos settlement, south-east of Bethlehem.
One 70-year-old Israeli woman was beaten and injured, and more than 300 olive trees
were destroyed.
47. On 3 November, some 30 Israeli settlers attacked a Palestinian family with
stones, batons, steel pipes and dogs as the family was harvesting olives on their land
near the Asfar settlement, south of Bethlehem. Six Palestinians, including an older
man and woman, were injured.
48. In and around the holy sites in the Old City of Jerusalem, which saw increased
numbers of Israeli visitors to mark the Jewish High Holidays in October, tensions
remained. In advance of the holidays, Israeli authorities imposed strict security
measures around the sites, arresting dozens of Palestinians. Israeli police also arrested
several Israeli activists who had sought to hold Jewish prayers at a cemetery adjacent
to the holy sites, citing the potential for such actions to lead to violence. Sporadic
clashes erupted between Israeli security forces and Palestinians in the area throughout
the holidays, but no major outbreaks of violence were reported.
49. In the Gaza Strip, Palestinian armed groups launched five rockets from Gaza
towards Israel, three of which fell short within the Strip and one of which was
intercepted by the Israeli air defence system. In retaliation, the Israel Defense Forces
conducted 11 air strikes against what it said were militant targets in Gaza, with no
injuries reported.
IV. Incitement, provocations and inflammatory rhetoric
50. In its resolution 2334 (2016), the Security Council called upon both parties to
act on the basis of international law, including international humanitarian law, and
their previous agreements and obligations, to observe calm and restraint, and to
refrain from provocative actions, incitement and inflammatory rhetoric, with the aim,
inter alia, of de-escalating the situation on the ground, rebuilding trust and
confidence, demonstrating through policies and actions a genuine commitment to the
two-State solution, and creating the conditions necessary for promoting peace.
51. Some Fatah officials and social media pages praised and glorified perpetrators
of previous attacks against Israelis, while Hamas and Palestinian Islamic Jihad issued
statements praising the deadly terrorist attacks in Jerusalem of 23 November, in which
two Israeli civilians were killed. Some Palestinian Authority officials denied the right
of Israel to exist, as well as the historical and religious connection of Jews to the land
and its holy sites.
52. An Israeli Minister called members of Israeli Arab Knesset parties “terrorists in
suits”, saying that they should be banned from the Knesset, while another senior
member of Knesset called the Israeli Arab parties “terrorism supporters”. Another
member of Knesset called upon the Government of Israel to use live fire against
Palestinians protesting and clashing with the Israeli security forces in occupied East
Jerusalem, calling them “terrorists”, and in another incident brandished a gun against
Palestinian protestors, some of whom had thrown stones, calling upon Israeli police
to shoot them. Another member of Knesset called for changing the status quo at the
holy sites in Jerusalem, saying, “we are going return to the days when the Temple
Mount was truly in our hands”.
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V. Affirmative steps to reverse negative trends
53. In its resolution 2334 (2016), the Security Council called for affirmative steps
to be taken immediately to reverse the negative trends on the ground that were
imperilling the two-State solution. Notwithstanding some positive steps, negative
trends on the ground continued during the reporting period.
54. On 13 November, an important step was taken in support of the fishing sector
in Gaza as dual-use materials for the repair of fishing boats entered the Gaza Strip for
the first time since 2007. This development, facilitated by the United Nations and
Palestinian and Israeli authorities, will support the revitalization of a decimated
fishing sector, contributing to the employment of and income generation for a
vulnerable population in Gaza.
55. Some easing of movement restrictions on people and goods between Gaza and
Israel continued. Since the end of the escalation of May 2021, Israeli authorities have
issued a total of 18,200 permits for Gaza residents to work and do business in Israel,
the highest number since 2007. The daily average of truckloads of goods, excluding
fuel, entering and exiting Gaza through the Kerem Shalom crossing during the
reporting period – 298 and 17, respectively – represents a 23 per cent and a 13 per
cent decline compared with during the same reporting period in 2021. However,
overall, for 2022, the total volume of goods exiting Gaza through Kerem Shalom
increased by nearly 50 per cent. Through the Rafah Crossing to Egypt, the reporting
period witnessed a 148 per cent increase in the daily average of trucks entering and a
3 per cent decline in the daily average of goods exiting Gaza compared with the same
reporting period in 2021.
56. Notwithstanding some improvements, access restrictions continued, affecting
the delivery of humanitarian and development programming in Gaza. Currently,
nearly 300 staff of the United Nations and implementing partners have either been
denied their permit applications or have not yet received a response thereto. Access
restrictions also continued to affect patients in Gaza in need of medical care. During
the reporting period, there were 4,544 permit applications of patients to reach health
facilities outside the Gaza Strip. The approval rate was 70 per cent, with just under
1 per cent denied and 29 per cent delayed, meaning that patients received no definitive
response to their application by the date of their hospital appointment.
57. Since the most recent escalation of violence in Gaza, on 5 August, which
resulted in the total destruction of 26 houses and damage to 1,543 housing units, only
121 damaged units have been repaired owing to a lack of funding. As a result, 150
families – a total of 850 individuals, including nearly 400 children and 200 women –
remain displaced. Approximately $3 million is needed for the reconstruction and
repair of those houses.
58. In addition, little progress has been made towards construction and the repair of
damages incurred during the escalation of 2021, with only 213 of 1,688 destroyed
housing units rebuilt. While work to rebuild 831 totally destroyed units is in progress,
the complete reconstruction of another 644 units faces a funding gap of $39 million,
and $10 million is needed for the repair of 12,031 partially damaged units.
Meanwhile, 600 units, which were totally destroyed in the 2014, 2018 and 2019
conflicts, await reconstruction.
59. In the occupied West Bank, on 20 October, Israeli authorities began to
implement a pilot phase of new regulations governing the entry of certain foreign
passport holders into the occupied West Bank, formally differentiating between
travellers visiting only the Occupied Palestinian Territory and those visiting Israel as
well.
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60. On 5 November, in Ramallah, the Palestinian security forces prevented the
holding of a civil society conference to discuss reform of the Palestine Liberation
Organization and detained two organizers. On 8 November, the Palestinian security
forces halted a follow-up event and threatened to use force against the organizers.
61. Between 6 and 10 November, the Israeli authorities opened the Allenby Bridge
border crossing between the occupied West Bank and Jordan 24 hours a day in a pilot
programme that was meant to lead to the permanent opening of the crossing at a ll
hours. This step, announced during the recent visit of the President of the United
States of America, Joseph Biden, to the region, was intended to reduce delays that
Palestinians faced when entering or leaving the occupied West Bank through Jordan.
62. On 29 November, the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA) stated that it had identified a human-made cavity
underneath the grounds of one of its schools in Gaza. The Agency immediately took
measures to render the school safe, including by permanently sealing the cavity, and
condemned the presence of such a structure to the relevant authorities in Gaza. The
presence of such a cavity was a serious violation of the inviolability of United Nations
premises and a breach of international law. It exposed children and United Nations
staff to significant security and safety risks.
VI. Efforts by the parties and the international community to
advance the peace process and other relevant developments
63. In its resolution 2334 (2016), the Security Council called upon all States to
distinguish, in their relevant dealings, between the territory of the State of Israel and
the territories occupied since 1967. No such steps were taken during the reporting
period.
64. Also in its resolution 2334 (2016), the Security Council called upon all parties
to continue, in the interest of the promotion of peace and security, to exert collective
efforts to launch credible negotiations on all final status issues in the Middle East
peace process, and urged in that regard the intensification and acceleration of
international and regional diplomatic efforts and support aimed at achieving, without
delay, a comprehensive, just and lasting peace in the Middle East on the basis of the
relevant United Nations resolutions, the Madrid terms of reference, including the
principle of land for peace, the Arab Peace Initiative and the Quartet road map, and
an end to the Israeli occupation that was begun in 1967. The Council underlined that
it would not recognize any changes to the 4 June 1967 lines, including with regard to
Jerusalem, other than those agreed by the parties through negotiations.
65. On 21 September, on the margins of the general debate of the General Assembly,
the Ministers for Foreign Affairs of Egypt, France, Germany and Jordan met in the
presence of the High Representative of the European Union for Foreign Affairs and
Security Policy, Josep Borrell, and the United Nations Special Coordinator for the
Middle East Peace Process As noted in the joint ministerial statement issued after the
meeting, the Ministers met “with a view to advancing the Middle East peace process
towards a just, comprehensive and lasting peace on the basis of the two-State
solution”. They also, inter alia, called for the resumption of “direct, serious,
meaningful and effective negotiations between the parties at the earliest possible point
in time” and for “an immediate and complete cessation of all unilateral actions”.
66. On 13 October, following an interfactional dialogue hosted by the Government
of Algeria, 14 Palestinian factions, including Fatah and Hamas, signed the Algiers
declaration, in which the factions agreed, inter alia, to “resolve differences in the
Palestinian arena with the aim of full national affiliation with the Palestine Liberation
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Organization as the sole legitimate representative of the Palestinian people”. The
participants also called for “the holding of presidential and legislative general
elections in the Gaza Strip and the West Bank, including Jerusalem … within a period
not to exceed one year from the date of signature of this declaration”.
67. In Algiers, on 1 and 2 November, the League of Arab States held its first Summit
since 2019. In their final statement, Arab leaders affirmed, inter alia, the “centrality
of the Palestinian cause, including their right to freedom, self-determination and the
establishment of the independent and fully sovereign State of Palestine on the lines
of 4 June 1967, with East Jerusalem as its capital”. It was noted in the statement, that
the Israeli-Palestinian conflict should be resolved “on the basis of land for peace”,
and support was expressed for the 2002 Arab Peace Initiative.
VII. Observations
68. I remain deeply concerned by continued illegal Israeli settlement activity in the
occupied West Bank, including East Jerusalem. Settlements have no legal validity and
constitute a flagrant violation of international law and United Nations resolutions.
They further entrench Israel’s military occupation of Palestinian territory, undermine
the legitimate rights of the Palestinian people to self-determination and sovereignty,
encroach on Palestinian land and natural resources, and hamper the free movement of
the Palestinian population. They undermine the prospect of achieving a two-State
solution by systematically eroding the possibility of establishing a contiguous,
independent, sovereign and viable Palestinian State. I call upon the Government of
Israel to cease all settlement activity immediately, in line with its obligations under
international law.
69. The reporting period saw no advancements of housing units in the occupied
West Bank, including East Jerusalem. However, the total number of settlement
housing units advanced in 2022 remains high, albeit slightly lower than in 2021.
Overall, during the year, in Area C, some 4,800 units were advanced compared with
some 5,400 in 2021, while tenders decreased, from 1,800 in 2021 to 150 in 2022.
However, in occupied East Jerusalem the number of housing units that were advanced
tripled from the previous year – from some 900 units in 2021 to some 3,100 units in
2022, with tenders also doubling, from 200 to 400.
70. I remain deeply concerned by the continued demolitions and seizures of
Palestinian structures, in particular the demolition of a school in Masafer Yatta and
the stated intention of Israeli authorities to demolish additional structures in the
herding communities of Masafer Yatta, which would exact a significant humanitarian
toll if implemented. Demolitions and forced evictions entail numerous human rights
violations and raise concerns about the risk of forcible transfer. I call upon the
Government of Israel to immediately end the demolition of Palestinian-owned
property and prevent the possible displacement and forced eviction of Palestinians,
in line with its international obligations, and to approve plans that would enable those
communities to build legally and address their development needs.
71. I am increasingly concerned about several consequential settlement-related
legal developments in 2022. They include the legal opinion of the Attorney General
of Israel enabling the advancement of settlement plans in the partially evacuated
outpost of Evyatar and the potentially precedent-setting reversal by the Supreme
Court of Israel of its 2020 ruling ordering the evacuation of settlers from the illegal
outpost of Mitzpeh Kramim. In addition, two rulings by the Supreme Court postponed
the eviction of Palestinian families from their homes in the Shaykh Jarrah and Silwan
neighbourhoods of occupied East Jerusalem. The rulings may also help to delay
dozens of other eviction cases in these neighbourhoods.
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72. All figures point to an inevitable conclusion that there has been a sharp increase
in violence against civilians on both sides. I remain gravely concerned by this trend,
which risks a further deterioration of the security situation on the ground and
undermines a peaceful resolution of the conflict. The violence must stop, and all
perpetrators must be held accountable. I condemn all acts of terrorism and violence
against civilians, which must end and be rejected and condemned by all. I call upon
political, religious and community leaders on all sides to help to calm the situation,
to avoid spreading inflammatory rhetoric and to speak up against those seeking to
incite and escalate the situation.
73. The high levels of settler-related violence over the past year, in particular reports
of armed settlers carrying out attacks against Palestinians, sometimes in proximity of
Israeli security forces, is alarming. In 2022, four Palestinians were killed in settlerrelated
violence, the same number as in 2021. Settlers are rarely held accountable for
such attacks, increasing the level of threat to Palestinians and their property. I urge
Israel, as the occupying Power, to ensure the safety and security of the Palestinian
population and to investigate and hold the perpetrators of the attacks accountable.
74. The year 2022 has been the deadliest for Palestinians in the West Bank since the
United Nations began to track fatalities, in 2005. I condemn the killing of Palestinians
by Israeli security forces in incidents in which they did not appear to present an
imminent threat to life, raising concerns regarding the possible excessive use of force.
Approximately 58 per cent of Palestinian fatalities across the occupied West Bank in
2022 occurred during military operations or search-and-arrest operations, in many
cases involving armed exchanges with Palestinians. Security forces must use lethal
force only when strictly unavoidable to protect life and must promptly and thoroughly
investigate all instances of death or injury resulting from its use and hold those
responsible accountable.
75. I also condemn the killing of Israeli civilians by Palestinians, including in
terrorist attacks. The year 2022 has been the deadliest since 2015 for Israeli civilians
killed in attacks in Israel and the occupied West Bank. An increase in the use of small
arms by Palestinians against Israeli security forces and civilians has also been
witnessed.
76. I am particularly appalled that children continue to be victims of violence. The
year 2022 has tragically witnessed the killing of 42 Palestinian children and 1 Israeli
child. Children must never be the target of violence or be put in harm’s way. I am also
concerned that Palestinian children continue to be arrested in large numbers and held
for prolonged periods of time, including in administrative detention. To date, 6,085
Palestinians, at least 452 of whom are children, have been arrested by Israeli forces
in 2022 – the highest number of detainees since 2008 – and the number of those held
under administrative detention has more than doubled in the past two years. I reiterate
my call for Israel to use detention as a measure of last resort and for the shortest
appropriate period, to prevent all forms of ill-treatment in detention and to end the
administrative detention of children, who are entitled to special protection.
77. I condemn the indiscriminate launching of rockets, including from highly
populated residential neighbourhoods in Gaza, towards Israeli population centres,
which is prohibited under international humanitarian law and must stop immediately.
78. The fate of two Israeli civilians and the bodies of two Israel Defense Forces
soldiers held by Hamas in Gaza remain an important humanitarian concern. I call
upon Hamas to provide information on their status, as required under international
humanitarian law, and to return the withheld bodies to their families.
79. I remain concerned by the continued Israeli practice of holding the bodies of
killed Palestinians, totalling 119, including 2 women and at least 12 children,
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according to available data. I call upon Israel to return the withheld bodies to their
families, in line with its obligations under international humanitarian law.
80. In Gaza, a fragile calm is being maintained, but the risk of escalation persists.
Efforts by the United Nations and international partners, including Egypt and Qatar,
to improve Palestinian lives, as well as measures by Israel to ease pressure and
facilitate more economic activity, have enabled the ceasefire to hold. While progress
has been made, restrictions and delays continue to affect humanitarian and
development efforts, as well as important sectors of the economy. Much more remains
to be done. Notwithstanding efforts made over the past months, more needs to be done
to alleviate the humanitarian situation, improve the economy and lift the debilitating
Israeli closures, in line with Security Council resolution 1860 (2009). Only
sustainable political solutions will restore hope to the long-suffering population of
Gaza.
81. I remain seriously concerned about the financial situation of UNRWA, which is
putting the delivery of essential services, including education, health and social
protection, to Palestine refugees in the Occupied Palestinian Territory and the region
at risk. This includes a projected funding gap of between $50 million and $80 million.
As the West Bank witnesses the highest level of violence in years, UNRWA remains
one of the few stabilizing elements in the lives of thousands of Palestinians. I reiterate
my urgent call to provide UNRWA with the funds needed to fully deliver on its
mandate from the General Assembly.
82. While needs across the board are on the rise and require a scaled-up
humanitarian response, the World Food Programme is facing a significant decline in
bilateral financial support, putting at risk its ability to maintain critical food and cash
assistance to some 435,000 of the most vulnerable food-insecure people across the
occupied West Bank, including East Jerusalem, and the Gaza Strip. The World Food
Programme needs $35 million over the next six months to be able to continue this
support, with urgent funding needed to prevent the imminent suspension of electronic
food voucher assistance to 180,000 people.
83. The multiple instances in which officials have used dangerous and hateful
rhetoric, which has the potential to increase tensions and spark violence, are
disturbing. Terrorism, violence and incitement must be clearly condemned and
unequivocally rejected by all, never celebrated or amplified.
84. I reiterate and amplify my call to the parties for the status quo at the holy sites
in Jerusalem to be respected and upheld, taking into account the special and historic
role of Jordan as custodian of the Muslim and Christian holy sites in Jerusalem.
85. The actions taken by the Palestinian authorities in the occupied West Bank and
Gaza to restrict freedom of expression and assembly are worrying. I call upon the
authorities to halt any measures that infringe on these freedoms, which are critical to
ensuring effective public participation.
86. I am increasingly concerned by the fragility of the current political and security
dynamics, in particular in the occupied West Bank, including East Jerusalem. The
deepening occupation, the increase in violence and terrorism, and the absence of a
political horizon have empowered extremists and are eroding hope among
Palestinians and Israelis that a resolution of the conflict is achievable. These dynamics
are fuelling an already dangerous situation. Simultaneously, the Palestinian Authority
is facing mounting economic and institutional challenges, which have been
compounded by the constraints of the occupation, the absence of serious reforms by
the Palestinian Authority and unclear prospects for donor support.
87. The United Nations and its partners have been engaged in extensive efforts to
improve the dynamics on the ground while encouraging the parties to take concrete
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steps towards improving the current conditions and establishing a political horizon.
My Special Coordinator for the Middle East Peace Process, Tor Wennesland, has
continued to hold discussions with a range of Palestinian and Israeli officials and
regional and international partners to address the dangerous dynamics in the occupied
West Bank, including East Jerusalem.
88. I welcome the signing on 13 October of the Algiers declaration by 14 Palestinian
factions as a positive step towards intra-Palestinian reconciliation. I encourage all
factions to overcome their differences through dialogue and urge them to follow up
on the commitments included in the declaration, including the holding of elections. I
reiterate the importance of Palestinian reconciliation for a politically stable,
economically viable, sovereign and independent State of Palestine. Gaza is, and must
remain, an integral part of a future Palestinian State as part of a two-State solution.
89. There is no substitute for a legitimate political process that will resolve the core
issues driving the conflict. Israelis, Palestinians, regional States and the broader
international community must take steps to enable the parties to re-engage on the path
towards meaningful negotiations and, ultimately, peace. I remain committed to
supporting Palestinians and Israelis in resolving the conflict and ending the
occupation in line with international law, relevant United Nations resolutions and
bilateral agreements in pursuit of the vision of two States – Israel and an independent,
democratic, contiguous, viable and sovereign Palestinian State – living side by side
in peace and security within secure and recognized borders, on the basis of the
pre-1967 lines, with Jerusalem as the capital of both States.
90. I express my deep appreciation to my Special Coordinator for his outstanding
service in what remains a challenging context. I also pay tribute to all United Nations
personnel working under difficult circumstances in the service of the Organization.
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Secretary-General Shocked and Appalled by the Violence and Beating by Israeli Security Forces Inside al-Qibli Mosque in Jerusalem – 05 April 2023 Daily Press B...
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Secretary-General Shocked and Appalled by the
Violence and Beating by Israeli Security Forces
Inside al-Qibli Mosque in Jerusalem – 05 April 2023
Daily Press Briefing by Spokesperson for Secretary-
General – (Excerpts)
HIGHLIGHTS OF THE NOON BRIEFING BY STÉPHANE DUJARRIC ,
SPOKESMAN FOR SECRETARY-GENERAL ANTÓNIO GUTERRES
WEDNESDAY, 5 APRIL 2023
/…
MIDDLE EAST
Turning to the Middle East, I can tell you that the Secretary-General is shocked and appalled by the images he
saw this morning of the violence and beating by Israeli security forces inside the al-Qibli mosque in Jerusalem.
At a time of the calendar which is holy to Jews, Christians and Muslims, this should be a time for peace and not
violence. Places of worship should only be used for peaceful religious observances.
And you may have seen that we also have a statement by Tor Wennesland, the UN Special Coordinator for the
Middle East Peace Process, which was issued earlier this morning. He said he too is appalled by the images of
violence inside the al-Qibli mosque and disturbed by the apparent beating of Palestinians by Israeli security
forces and the large number of arrests.
Mr. Wennesland also strongly rejects the stockpiling and use of fireworks and rocks by Palestinians inside the
mosque.
He called on political, religious and community leaders on all sides to reject incitement, inflammatory rhetoric,
and provocative actions and added that the UN remains in close contact with all concerned parties to de-escalate
the situation.
And on a related note, we and our humanitarian partners stand ready to help ensure the restoration of medical
services as soon as possible at the Haram Al Sharif/Temple Mount compound. The health clinic at the compound
was severely damaged which forced its closure after Israeli forces used it to enter the Al Qibli Mosque in East
Jerusalem. That’s based on an initial assessment carried out by our humanitarian colleagues, who spoke with
multiple sources at the site, including health care providers and worshippers.
/…
Welcome to the United Nations
عربي 中文 English Français Русский Español
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Questions and Answers
/…
Question: But… Okay. Well, let me give you a question then about Al-Aqsa. Clearly, the Secretary-General is
very unhappy. You read the statement about what has happened. But this is a very sensitive time. There’s a
danger that things are going to get much worse. Is it now time for the Secretary-General to take this on directly?
Is it time for him to pick up the phone to Prime Minister Netanyahu and to express his displeasure about what
happened?
Spokesman: It is indeed a very delicate time, especially given the calendar and the confluence of high holy days
for the three religions represented in Jerusalem, and I will keep you up to date on any contacts the Secretary-
General has. Ibtisam Azem, I know your name. I’m just so slow this morning.
Question: Alhamdulillah. Okay. So, on the same subject, there are relevant Security Council resolutions and the
General Assembly. What does the Secretary-General want from countries to do to implement these resolutions?
Because it’s clear we have been here before. This is not the first time we see this and it’s constantly happening.
So, what do you want countries to do specifically, and is the Secretary-General or his representative on the
ground doing something in this regard too?
Spokesman: In terms of the immediate situation in the holy sites, it’s very important that the status quo be
respected in line with the special role that Jordan has. It’s important that all those who are directly involved, and
all those who have an influence of those are directly involved, use that influence to calm this situation in the
immediate. We’ve also seen the exchange of a fire around the Gaza Strip into Israel. There are a lot of Member
States that have influence in the area. And it is important that they all use it in the same direction.
Question: Is the Secretary-General talking with these countries, specifically the US which has the most funds. If
I would follow up on James’ question, is he picking up the phone to talk to the Americans to put more pressures
on the Israelis?
Spokesman: He and his colleagues remain in touch with all relevant parties. I will brief you on any contacts that
I may share with you.
/…
Question: Thank you, Stephane. I want to refer to the statement issued by Tor Wennesland in which he
criticized that Palestinians are accumulating fireworks inside the mosque. Do you think that it’s fair when the
worshippers were attacked at 11 p.m. and mosques in the area started calling for people to help? Some people
came with these fireworks from outside to help those who are trapped inside. Four hundred were arrested
outside.
Spokesman: Abdelhamid, I’m not here to analyse or answer statements that have been made by representatives
of the Secretary-General. Those words are in black and white. They’re on paper. My job is to refer to them,
amplify them. Your responsibility as a journalist is to write about them, comment them, analyse them and parse
them, criticize them or support them, but we have different responsibilities.
Question: But, my question: is that a fair description of the situation?
Spokesman: That’s exactly what I’m saying. You answer that question yourself. Mr. Wennesland spoke on
behalf of the Secretary-General. He’s his representative on the ground. He says what he has to say. People can
like it. People cannot like it. People can feel nothing. But, my job is not to be analyst of what I say, so to speak.
/…
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For information media. Not an official record.
Document Type: Highlights of the Noon Briefing
Document Sources: Secretary-General, United Nations Department of Public Information (DPI), United
Nations Special Coordinator for the Middle East Peace Process (UNSCO)
Subject: Holy places, Incidents, Jerusalem, Security issues, Violence
Publication Date: 05/04/2023
URL source: https://www.un.org/sg/en/content/ossg/noon-briefing-highlight
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A-Z Site Index | Contact | Copyright | FAQ | Fraud Alert | Privacy Notice | Terms of Use
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A Vision to Improve the
Lives of the Palestinian
and Israeli People
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CONTENTS
G L O S S A R Y |
SECTION ONE: INTRODUCTION | 2
Background
Realistic Two-State Solution
SECTION TWO: THE APPROACH | 5
Current Realities
Refugees
International Assistance
SECTION THREE: A VISION FOR PEACE BETWEEN THE STATE OF ISRAEL,
THE PALESTINIANS AND THE REGION | 10
SECTION FOUR: BORDERS | 11
SECTION FIVE: JERUSALEM | 14
SECTION SIX: THE TRUMP ECONOMIC PLAN | 19
SECTION SEVEN: SECURITY | 21
SECTION EIGHT: CROSSINGS | 24
SECTION NINE: GAZA CRITERIA | 25
SECTION TEN: FREE TRADE ZONE | 26
SECTION ELEVEN: TRADE AGREEMENT WITH THE UNITED STATES | 27
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SECTION TWELVE: PORT FACILITIES | 27
Israel
SECTION THIRTEEN: DEAD SEA RESORT AREA | 29
SECTION FOURTEEN: WATER AND WASTEWATER TREATMENT | 29
SECTION FIFTEEN: PRISONERS | 30
SECTION SIXTEEN: REFUGEES | 31
Compensation and Assistance Framework
SECTION SEVENTEEN: FOUNDATIONS OF A PALESTINIAN STATE | 33
SECTION EIGHTEEN: EDUCATION AND CULTURE OF PEACE | 35
SECTION NINTEEN: ISRAELI-ARAB RELATIONSHIPS;
REGIONAL ECONOMIC PARTNERSHIPS | 36
SECTION TWENTY: MUTUAL RECOGNITION BETWEEN NATION STATES | 37
SECTION TWENTY-ONE: END OF CLAIMS / END OF CONFLICT | 38
SECTION TWENTY-TWO:CONDUCT DURING NEGOTIATIONS | 38
A P P E N D I X
Conceptual Maps
A P P E N D I X A
Security Considerations
A P P E N D I X B
Security Criteria
A P P E N D I X C
Demilitarization Criteria and other Security Arrangements
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constructed.
Freedom of access to all religious sites of all faiths in both states should be agreed to and respected by the parties. The
compiled during negotiations between the parties.
This Vision contemplates the establishment of an international fund (the “INTERNATIONAL FUND”) for the
JERUSALEM
SECTION F IVE
14
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manner that is respectful to all.
RELIGIOUS A SPECTS OF T HE J E RUSA LE M ISSUE
firmans
Christian population.
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Today, it is widely considered the third holiest site in Islam.
J E RUSA LEM’S HOLY S ITES
to be commended for safeguarding the religious sites of all and maintaining a religious status quo.
continue uninterrupted.
taking into account the times of each religion’s prayers and holidays, as well as other religious factors.
POLI T IC A L STATUS OF J E RUSA LEM
16
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status negotiations between the parties.
from the rest of the neighborhoods in the city.
existing security barrier to choose one of three options:
Become citizens of the State of Israel
Retain their status as permanent residents in Israel.
Many of the Arab residents of these areas may want to maintain a political identity that is separate from either Israel or
them.
17
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PRI V ILEGES, BENEFI T S AND OBLIGAT IONS
residents of Israel should remain the same.
obligations of being citizens of the State of Israel. Residents of these areas, who today are citizens of Israel, will maintain the
SPECIA L TOURIST A RE A
restaurants, shops, hotels, cultural centers, and other tourism facilities within this zone. Fast-track accessibility to the
taxation, and zoning should be negotiated between the parties.
TOURISM M AT TERS R EL AT ING TO T HE OLD C IT Y OF J E RUSA LEM
JTDA
18
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RECOGNI T ION OF C A PI TA LS
cooperation on matters of significance to the two capitals.
Peace to Prosperity: A New Vision for the Palestinian People.
Peace to Prosperity represents the
THE TRUMP ECONOMIC PLAN
SECTION SIX
19
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Readout of President Biden's meeting with His Majesty King Abdullah II of Jordan I The White House
MAY13, 2022
Readout of President Biden's meeting with His Majesty
King Abdullah II of Jordan
President Joseph R. Biden, Jr. met today with His Majesty King Abdullah II of Jordan and
reaffirmed the close and enduring nature of the friendship between the United States and
Jordan. Jordan is a critical ally and force for stability in the Middle East, and the President
confirmed unwavering U.S. support for Jordan and His Majesty's leadership. The leaders
consulted on recent events in the region and discussed urgent mechanisms to stem violence,
calm rhetoric and reduce tensions in Israel and the West Bank. The President affirmed his
strong support for a two-state solution to the Israeli-Palestinian conflict and cited the need to
preserve the historic status quo at the Haram al-Sharif/Temple Mount. The President also
recognized the Hashemite Kingdom of Jordan's crucial role as the custodian of Muslim holy
places in Jerusalem. The leaders discussed the political and economic benefits of further
regional integration in infrastructure, energy, water, and climate projects, with Jordan a
critical hub for such cooperation and investment. They agreed to remain in regular touch and
further enhance the historic ties between our countries.
###
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Readout of Vice President Kamala Harris's Meeting with His Majesty King Abdullah II of Jordan I The White House
FEBRUARY 02, 2023
Readout of Vice President Kamala Harris's Meeting with
His Majesty King Abdullah II of Jordan
Vice President Kamala Harris met today with His Majesty King Abdullah II of Jordan at the
White House. The Vice President reaffirmed the strength of the bilateral partnership and our
commitment to Jordan's security and economic prosperity. The Vice President and King
Abdullah expressed concern about the recent violence and tensions in Jerusalem and the West
Bank. The Vice President underscored the importance of upholding the status quo at the
Haram al-Sharif/ Temple Mount, recognizing Jordan's crucial role as the custodian of Muslim
holy places in Jerusalem and as a force for stability. She underscored U.S. support for regional
security, prosperity, and integration, emphasizing that steps to deescalate tensions, promote
moderation, and create meaningful economic opportunities across the Middle East would be
essential to advancing these goals. The Vice President and King Abdullah II discussed efforts
of both countries to address the global climate crisis and related water issues, as well as the
importance of sustainable growth and development, which requires continued economic
reform as well as women's empowerment and participation. The Vice President and King
Abdullah also discussed the importance of stability in Iraq and other regional and global
issues.
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Remarks by High RepresentativeNice-President Federica Mogherini at the press conference following the 13th EU-Jordan Associ. ..
* *
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Remarks bY. High ReP-resentativeNice-President Federica Mogherini at the P-ress conference following the 13th EU-Jordan
Association Council
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Remarks by High Representative/Vice-President Federica
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Association Council
@ 17.06.2019
Remarks by High RepresentativeNice-President Federica Mogherini at the press conference
following the 13th EU-Jordan Association Council
Check against delivery!
It is really a pleasure for me to welcome the Jordanian Foreign Minister and our good friend, Ayman
[Safadi] - it is a pleasure to have you here with us today, extraordinarily in Luxembourg.
We just concluded our 13th EU-Jordan Association Council @ that was extremely positive. Minister
Safadi participated also at the working lunch with the EU Member States' Foreign Ministers where
we had a very important and useful conversation about regional and international issues. In
particular the focus was on the Middle East peace process, where our positions are aligned and
where we see no viable alternative to the two-state solution, with the state of Israel living side by side
to an independent, democratic, sovereign and viable State of Palestine in peace and security, with
Jerusalem as the capital of both states.
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Remarks by High RepresentativeNice-President Federica Mogherini at the press conference following the 13th EU-Jordan Associ. ..
I would like to take this opportunity to thank once again - as we always do - His Majesty [King
Abdullah 11] and the Hashemite Kingdom of Jordan for the special role as custodian of the Holy Sites.
This is particularly important for the European Union and we stand by Jordan in this important
responsibility that His Majesty has.
With Jordan we also share a commitment to continue to support UNRWA [The United Nations Relief
and Works Agency for Palestine Refugees in the Near East], politically and financially. I would like to
thank personally Minister [Ayman] Safadi for his dedication to this work, as we see the work of the
Agency as crucial for the security and the stability and peace in the region.
We also discussed the situation in Syria, in particular the follow up to the Brussels Ill conference CT
[on supporting the future of Syria and the region] we had last March. Also here we stand side by side
in the imperative of having a UN-led process to implement UN Security Council Resolution 2254. And
let me obviously mention the important work that Jordan is doing to host Syrian refugees. Also here
the European Union stands by Jordan, in particular by their hosting local communities that have all
our support.
We also discussed our bilateral partnership - our friendship I would say. We expressed satisfaction
with the progress we have achieved in our common work to implement our PartnershiR Priorities CT .
We focused on different areas of cooperation where we see concrete results coming from our
partnership, in particular regional security, stability and counter-terrorism, where results are to be
assessed. But our work is definitely making things better than if it was not there. We discussed at
length our economic cooperation, in particular for job creation and opportunities for the younger
population and the strengthening of the rule of law, human rights and democratic governance.
Allow me to finish on a very concrete positive note. The Foreign Minister [Ayman Safadi] and I just
signed before the beginning of our plenary session a Framework Participation Agreement on the
participation of Jordan in the European Union crisis management operations. This allows the
secondment of Jordanian personnel to the European Union missions and operations, both civilian
and military. This is the 19th agreement of this kind that the European Union has with a third country
but this is the first ever in the region of Middle East and North Africa. And I think it is only natural that
we signed it with a partner that is so close to us as Jordan is. So thank you also for that and looking
forward to continue working so closely together.
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Remarks by High RepresentativeNice-President Federica Mogherini at the press conference following the 13th EU-Jordan Associ. ..
Thank you.
Q&A
Q. Both Jordan and European Union are the most supportive for the international legitimacy
when it comes to the Palestinian issue but others. The problem is that both of you are going to
attend the Manama conference while the first interested, the Palestinians, are not attending
this conference? Can you explain this kind of paradox to me?
The European Union has been invited to participate atthe workshop that is going to be convened in
Bahrain. We are considering the level of attendance that might be most likely a technical level. We
are always interested in getting more insights on possible steps or plans that can be put forward.
But I can tell you this casts no shadow whatsoever on the strong and clear European Union
commitment shared by all Member States on the need to have a political solution for the creation of
a Palestinian state. As I said, living side by side with the Israeli state, with a clear status for
Jerusalem, and with respect to the international parameters that are clearly known.
The participation at technical level at a workshop does not infringe on any of these very clear
commitments. As you said, the European Union is and remains a strong supporter of the
internationally agreed parameters for the solution of the Middle East peace process, no doubt on
that.
Q. Has the US asked for an EU economic contribution to its peace process so far? Would the
EU consider that or would that be impossible unless the US unveiled a political process ending
in a two-state solution?
As you know the European Union and the Member States are collectively- if I am not wrong, but
Commissioner Hahn can confirm this - the largest contributors to not only the budget of the
Palestinian Authority, but also the projects that have been put in place so far for the Palestinians and
the region, starting with UNRWA [the United Nations Relief and Works Agency for Palestine Refugees
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Remarks by High RepresentativeNice-President Federica Mogherini at the press conference following the 13th EU-Jordan Associ. ..
in the Near East] and beyond. When it comes to our commitment to the financial support of projects
on the ground, there is absolutely no doubt about the fact that we are the solid and reliable
foundation for any of these projects.
We have discussed with a US delegation that was led by [Senior Adviser to the President of the
United States, Jared] Kushner a few weeks ago in Brussels some elements of the economic part of
the plan the US are elaborating. I will be in Washington D.C. tomorrow and I will have an opportunity
to discuss, among other things, also this.
In the absence of details or of a general political framework, as Minister [Ayman] Safadi mentioned,
there is no intention and also no way for the European Union to commit to any such contribution. As
you know very well, for the European Union, contributing to a project is always based on a very
concrete, detailed assessment of what the project is, in what kind of framework it happens, who is
implementing it on the ground and so on. For the moment it seems to me that we are at the stage of
the presentation of ideas. We are always interested in listening, but again the support we are giving
financially on the ground is massive. It is for the moment channelled through the Palestinian
Authority, the UN agencies and our support to the regional partners.
But I would like to stress one point that Minister [Ayman] Safadi made perfectly well and for which he
could have spoken also on behalf of the European Union. For us there is no way in which any
economic plan, as important as it can be, can substitute the political solution of this too long conflict
that is not impossible to solve. We all know very well what the parameters are. It requires political
will and an international and regional environment conducive to the establishment of a Palestinian
state living side by side with Israel in peace and security. For us, even if we are the major economic
contributor so far and we will continue to be, the economic support is no substitute for the political
solution.
Q. If I understand correctly, you do not even have the headlines of this American proposal. Do
you accept to go to the workshop in Manama while you do not have the headlines of this
proposal nor any detail about it?
As I said, a delegation from the United States recently visited Brussels on the 4 June to present to us
the main features of the economic part of the plan they have been working on. We have some
elements of it. I understand that some elements are there, some elements might not be completely
100% ready yet or are at least in the making.
https://www.eeas.europa.eu/node/64240_en
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Remarks by High RepresentativeNice-President Federica Mogherini at the press conference following the 13th EU-Jordan Associ. ..
To my understanding the workshop in Manama is meant to present and explain the economic part of
the plan in details to those that have been invited to attend. So, we will go there to continue
engaging in understanding of what is in it, without any commitment from our side to support it or
participate in it.
We made it very clear to our American friends but also publicly- it is no mystery - that we would not
engage in supporting any economic activity if the political framework in which this might happen is
not clear.
First of all, I appreciate our American friends briefing us and sharing information but this does not
mean that the European Union is going to support anything, if we do not share the political
framework in which this happens. Most importantly, for us, again as we already have our very
important and very solid - I would say massive in this respect - economic engagement, there is no
way in which we are going to substitute the kind of projects we are financing, especially with the lack
of a clear political horizon.
For us the political horizon - no mystery about that - is the two states, a clear role for Jerusalem as
the capital of both the state of Israel and the state of Palestine in the future, the recognition of the
internationally agreed parameters and the Arab Peace Initiative.
On this, I have to say we are happy to be closely aligned with our Arab friends that can count on the
Europeans and the European Union to fully support their requests for, I would say, the only
sustainable and viable solution that is the two state solution.
For the European Union, that is the political framework, whatever economic support will have to fall
into that.
Q. On the visit to Washington about Iran, is it possible to defend a nuclear agreement and
avoid a military escalation in the region tomorrow and in the next talks?
https://www.eeas.europa.eu/node/64240_en
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Remarks by High RepresentativeNice-President Federica Mogherini at the press conference following the 13th EU-Jordan Associ. ..
L'Unione europea e determinata a continuare garantire la piena applicazione dell'accordo nucleare
iraniano. Voglio precisare ii fatto che abbiamo sempre valutato ii rispetto dell'accordo nucleare da
parte dell'lran non sulla base di dichiarazioni ma sulla base delle verifiche fatte dalla AIEA [Agenzia
internazionale per l'energia atomica], che e l'agenzia che ha la capacita tecnica e l'indipendenza per
fornire fatti e valutazioni oggettive sul rispetto da parte iraniana degli impegni presi sull'accordo
nucleare.
II nostro lavoro come Unione europea, come stati membri dell'Unione europea, insieme a Russia,
Cina e alla gran parte del resto della comunita internazionale continuera ad essere per ii pieno
rispetto dell'accordo nucleare iraniano. E' una questione di sicurezza per noi europei, per la regione
del Medio Oriente. Cercheremo anche di evitare pericolose escalation nella regione del Golfo che
certamente potrebbero provocare danni in una regione gia troppo tesa.Grazie.
Category: Remarks
Location: Luxembourg
Editorial sections: Middle East & North Africa (MENA) Link to video 1 r1
Jordan
EEAS
United Nations (UN)
https://www.eeas.europa.eu/node/64240_en
Link to video 2 r1
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Local EU Statement on the situation of Christian properties in East Jerusalem | EEAS
https://www.eeas.europa.eu/delegations/palestine-occupied-palestinian-territory-west-bank-and-gaza-strip/local-eu-statement-7_en?s=206 1/2
EEAS Palestine (*) - Occupied Palestinian Territory, West Bank and Gaza Strip
Local EU Statement on the situation of Christian properties in East Jerusalem
> >
Local EU Stateent on the situation o Christian properties in
East Jerusale
30.12.2022 Jerusalem
Press and information team - Office of the
European Union Representative (West Bank and Gaza Strip, UNRWA)
The European Union Representative issues the following statement in agreement with the EU
Heads of Mission in Jerusalem and Ramallah.
The European Union Representative issues the following statement in agreement with the EU Heads
of Mission in Jerusalem and Ramallah.
On December 27th, members of the Elad settler organisation, accompanied by Israeli police, took
over a property in the area of adi Hilwehilwan which has been rented for decades by the reek
Orthodox atriarchate to a Jerusalem tenant.
The EU missions in Jerusalem and Ramallah express their deep concern over the implications of this
action on the property rights of the Christian Churches in Jerusalem, including in the Old City.
Attempts to take over the property of Christian Churches must be halted, as they pose a serious
threat to the peaceful coexistence of all three monotheistic religions in Jerusalem.
The EU calls to protect the tatus uo and the Holy ites, including Christian ones. The special
status and character of Jerusalem and its Old City must be preserved and respected by all.
The Office of the European Union
Representative (West Ban an
Gaza Strip, URW)
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Local EU Statement on the situation of Christian properties in East Jerusalem | EEAS
https://www.eeas.europa.eu/delegations/palestine-occupied-palestinian-territory-west-bank-and-gaza-strip/local-eu-statement-7_en?s=206 2/2
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Full Terms & Conditions of access and use can be found at
https://www.tandfonline.com/action/journalInformation?journalCode=ypeq20
Palestine Exploration Quarterly
ISSN: 0031-0328 (Print) 1743-1301 (Online) Journal homepage: https://www.tandfonline.com/loi/ypeq20
History of the Haram Es Sherif
E. H. PALMER
To cite this article: E. H. PALMER (1871) History of the Haram Es Sherif, Palestine Exploration
Quarterly, 3:3, 122-132, DOI: 10.1179/peq.1871.012
To link to this article: https://doi.org/10.1179/peq.1871.012
Published online: 02 Jan 2014.
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122 HISTORY OF THE HARA.M ES SHERfF.
has ever felt a warmer interest in the ways and objects of the Fund.
On the last occasion when he was in the officeof the Fund he was full
of interest in the next expedition, and no one, as the Edinburgh
subscribers know well, has exerted himself with more energy and
more success for the promotion of this movement.
The General Committee has been strengthened by the addition of
the following noblemen and gentlem.en: the Duke of Sutherland,
the Marquis of Bute, the Rev. Dr.' Ginsburg, Dr. Birch, and Mr.
E. H. Palmer.
In accordance with the invitation contained in the circular, the
Committee beg all subscribers and intending donors to forward to
the central office, or their local secretaries, lists of whom can be
published in every Quarterly, their subscriptions for this year,
before the autumn. Subscribers beginning this year are entitled
to the new series of the Quarterly from the 1st November.
,
HISTORY OF THE HARA~I ES SHERIF.
C~:MPILED FRO:\! THE ARABIC HISTORIANS BY E. H. PALMER, M.A.
THE hi~tory of Jerllsalem, as told by Mohammedan writers, is not
unknown to European sch olars; but the various notices and extracts
which have hitherto appeared are so scattered and difficult of access as
to be of little use to the general reader.
" The History of the Temple of Jerusa1em," by Je13.led din es Siyl1ti,
was translated by the Rei.! J. Reynolds, for the Oriental Translation
Fund, and published in 1836; but this work, besides being too literal
and prolix, contains such grave errors of translation, and such perversions
of the original meaning, that it is absolutely worthless as an
authority. The work of Kemal ed din ibn A bi Sherif has been
edited with a Latin translation and notes by Paul Leming (HaunilB
MDCCOXVII.), but this is little better than the last, being apparently
an early attempt by an indifferent Arabic scholar.
In the following article I ha.ve endeavoured to give a concise but
complete abstract of the history of Jerusalem from Muslim sources,
especially:ofthat part which relates to the Haram es Sherif, and the building
and successive restorations of the two mosques Cubbet es Sakhrah
and El Aksa. Having copied. every inscription extant in th.e Haram,
I am enabled to illustrate tbeaccounts given by the Mohammedan
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HISTORY OF THE BARA.M ES SHERiF. 123
.authors with the contemporary records left by the different builders or
restorers.
I have divided" the article into two parts; the first containing thehistory,
the second the Muslim traditions, of the various sacred places
in and about Jernsalem.
As the basis of my account, I have taken the well-known work of
Mejir ed dIn, and have collated it witli those ofEs SiyUt1,Kema.l ed din, Ibn
'As8Jrir, and others, introducing the various versions wherever accounts
differed. I have not thought it necessary to q~ote the literary "or traditional
authority for each story, as the Mohammedan names, being
-entirely unknown to t4e greater number of English readers, could add
but little weight to the testimony. Suffice it to say that (with the exception
of a few incidental comments of my own) for every sentence m
the text of the following pages, there exists a corresponding sentence in
.Arabic from one or other of the books used, and these I have translated,
to the best of my ability, honestly and correctly.
§ I.-CONQUEST OF TIlE CITY BY THE CALIPH 'OlliR.
On the death of Mohammed, Abu Beler es Sadik was appointed his
.-caliph (KhaJifeh or vice-regent), and he was in turn succeeded by 'Omar
-e1Khattab as temporal and spiritual head.of the Mussulman community.
In the 15th year of the :JIijrah.(A.D. 636) Abu 'Obeidah Ibn el Jerrah.
general of the Mussulman" army, after a leries of brilliant victories in
.~yri.a and Palestine, turned his attention to Jerusalem, and his first
15tep was to write a let~er to the Christian patriarch of the Holy City,
requiring him and all the inhabitants either to embrace the Mohammedan
religion or to pay the usual tribute exacted from unbelievers.
" If you refuse," said he," you will have to contend with people who
love the taste of death more than you love wine and swine's flesh, and
rest assured that I will come up against you, and will not depart until
I have slain all the able·bodied men among you, and carried off your
women and children captive."
To this message a decisive refusal was returned, and 'Omar, in accordance
with his threat, marched upon Jerusalem and besieged the town.
"The Christians, after several unsuccessful sallies, :finding themselves
reduced to great straits" by the protracted siege, made overtures for
-capitulation, but refused to treat with any but the Caliph himself.
Having exacted a solemn oath from them that they would hold to the
proposed condition in case of the Caliph's a.rrival, the general sent
.& message to 'Ornar, inviting him to leave Medina, and receive in person
the capitulation of the tOWD. The messengers from Abu 'Obeidah'a
camp were accompanied by some representatives of the Christian com..
munity, and the latter were much astonished. at the etem simplicity
and comparative retirement in which the Caliph waslivi;ng, and which.
but ill accorded with their previously conceived ideas of the great
monarch who had conquered the whole of Ara.bia and Syria, and" had
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124 HISTORY OF THE HARAM ES SHERiF.
made the Emperors of Greece and Persia to tremble on their throneS".
The meeting between the Caliph and his victorious general was still
. further calculated to impress them. cOmar was mounted on a camel,
and attired in a simple Bedawl costume,-a sheepskin cloak, and coarsecotton
shirt; Abu cObeidah was mounted on a small she-camel, an
'abba folded over the saddle, and a rude halter of twisted hair forming
her only trappings; he wore his armour, and carried his bow slung across
his shoulder. Abu cObeidah, dismounting from his beast, approached
the Caliph in a respectful attitude; but the latter dismounting almost
at the same moment, stooped to kiss his general's feet, whel:eupon there
ensued a contest of humility which was only put an end to by the two
great. men mutually consenting to embrace after the fashion of Arabsheikhs
who meet upon equal terms. A story of cOmar's paying a man
for Bome grapes which his followers had heedlessly plucked as they camein
from their thirsty ride, and several other instances of his great integrityand
unassuming manner, are related by the .Arab historian&.·
No doubt these incidents were to some extent the offspring of ccthe
pride that apes humility;" yet the Muslim sovereign really seems t()
have possessed some good and amiable qualities .
. .cOmar pitched his camp upon the Mount of Olives, where he waSimmediately
visited by a messenger from the Patriarch of J~rusalem, who
sent to welcome him and renew the offers of capitulation. The armistice
previously granted having been confirmed, and the personal safety
of the Patriarch and h~s immediate followers being guaranteed, that,.
dignitary set out with a large company of attendants for the Caliph's
tent, and proceeded to confer with him personally and to draw up the
articles of peace. The terms, exacted from Jerusalem in common
with the other conquered cities, in spite of COmar's boasted generosity
and equity, were extremely hard and humiliating for the Christians.
They ran as follows :-
The Christians shall enjoy security both of person and properly, the·
safety of their churches shall be, moreover, guaranteed, and no interference
is to be permitted on \the part of the Mohammedans with any of
their religious exercises, houses, or institutions; provided only that such
churches or religious institutions shall be open night and day to the'
inspection of the Muslim authorities. All strangers and others are to
be permitted to leave the town if they think fit, but anyone electing to·
remain shall be subject to the herein-mentioned stipulations. No payment
shall be exacted from anyone until after the gathering in of his
harvest. Mohammedans are to be treated everywhere with the greatest·
respect; the Christians must extend to them the rights of hospitality,
rise to receive them, and accord them the first place of honour in their
assemblies. The Christians are to build no new churches, convents, orother
religious edifices, either within or without the city, er in any
other part of the Muslim telTitory; they shall not teach their children
the Coran, but no one shall be prevented from embracing the Moham-
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HISTORY OF THE HARAM ES SHERiF. 125
medan religion. No public exhibition of any kind of the Christian
religion is to be permitted. They. shall not in any way imitate the
Muslim.s either in dress or behaviour, nor make use of their language in
writing or engraving, nor adopt Muslim names or appellations. They
·shall not carry arms, nor ride astride their animals, nor wear or
publicly exhibit the sign of the cross. They shall not make use of
bells; nor strike the nfikus (wooden gong) except with a suppressed
.sound; nor place their lamps in public places, nor raise their voices in
lamentation for the dead. They shall shave the front part ~f the head
.and gird up their dress, and, lastly, they shall never intrude into
any Muslim's house on any pretext whatever. To these conditions
'Omar added the following clause to be accepted by the Christians:
That no Christian should strike a Muslim, and that if any single one
of the previous stipulations were not complied with they should confess
that their lives were justly forfeit, and that they were deserving of the
punishment inflicted upon rebellious subjects.
When these terms had been agreed upon by both sides and the treaty
.signed and sealed, 'Omar requested the Patriarch. to lead him to the
Mosque (Masjid, or "pla~e of adoration") of David. The Patriarch
acceding to this request, "Omar, accompanied by 4,000 attendants, was
conducted by him into the Holy City. They first proceeded to the
church of the Holy Sepulchre,* which the Patriarch pointed out as the
site of David's temple. "Thou Hest," said 'Omar, curtly. They next
visited the church caJIed Sion, which the Patriarch again pointed out
as the Mosque of David, and again 'Omar gave him the lie. After this
they proceeded to the Masjid of Jerusalem, and halted at the gate,
which is called in the present day Bab Mohammed. Now the dU;llgin
the mosque had settled on the steps of the door in such quantities that
it came out into the street in which the door is situated, and nearly
clung to the roofed arch~ay of the street.t Hereupon the Patriarch
• In the original EZ Kama'lnah, "dung;" this is explained a little further on to
hea designed corruption of the word Ka-iyainah, "Anastasia." These words are
at the present day applied 1?ythe Muslim and Christian population respectively
to the church of the Holy Sepulchre.
t This important passage has been but imperfectly understood; Reynolds, by
11istranslation, makes absolute nonsense of it, rendering the words :-
" So he went with him to the Mosques of the Holy City, until he came at last near
unto a gate, called the gate of :Mohammed; and he drew MW'lt all the filth that
was on the declivity of the steps otthe gate, until he came to a narrow passage,
and he went down a number of steps until he al'1iUJsthung upon the top of the
interWl· or upper surface. . • . So Omar went upon his hands, and we went
upon our hands and knees after him until we came to the central sewer. And we
.stood here upright."
The word here rendered "mosques" is in the singular, not in the plural, and
plainly refers to a spot well known as "the Temple (Masjid) of Jerusalem." The
word rendered" he drew down" is passive, and refers to the dirt which had collected
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126 HISTORY OF THE HARAM ES SHERiF.
said, "We shall never be able to enter unless we crawl upon our
hands and knees." " Well," replied the Caliph, ec on our hands
and knees be it." So the Patriarch led the way,followed by'Omar
and the rest· of the party, and they crawled along un~il they
came out upon the courtyard of the Temple, where they could
otand uplight. Then 'Omar, having surveyed the place attentively·
for some time, suddenly exclaimed: "By Him in whose hands my
soul is, this is the mosque of David, from which the prophet told
us that he ascended into heaven. He gave us a circumstantial
account thereof, and especiallymentioned the fact that we had found
upon the Sakhrah a quantity of dung which the Christians had
thrown there Qut of spite to the children of Israel.":J(c With these
words he stoopeddownand began to brush offthe dung with his sleeve,
and his examplebeing followedby the other Mussulmans of the party,
they soon cleared all the dung away, and brought the Sakhrah to·
light. Having done this he forbade them to pray there until threeshowers
of rain had fallen upon it.
Another accountrelates that, on conqueringthe city, 'Omar sent for
Ka'ab and said to him, "Ob, Abu Ishak, dost thou know the site
of the Sa.khrahP " U Yes," replied Ka'ab, "it is distant such and such
a number of cubitst from the wall which runs parallel to the W'dy·
Jehennum; it is at the present time used for a dunghill." Digging at·
the spot indicated, they found the Sakhrah as Ka'ab had described.
Then 'Omar asked Ka'ab where he would advise him to place the
mosque, (or, as somesay, "the Kiblah") P Ka'ab answered, "I should
place it behind the Sakhrah, so that the two Kibla.hs;namely, that ot
Moses and that· of Mohammed, may be made identical." " Ah," said
in such quantities upon the raised platform that it ran down the steps into the
street, aritI there made a heap IHgh enough to reach to the arched roof of the
street. Not to mention the difficulty of 4,000 ~n standing upright in a sewer, I
may remark that the.word rendered " central sewer" is sahn, "an open cowt," the
name applied at the present day io the platfOlID upon which the Cu1>bete9
Sakhrah stands. Reynolds's translation would imply that the site of the Sakhrah
was in a sewer below the level of the rest of the city as it then stood!
• It needed no prophetic inspiration to acquaint Mohammed with this fact
The site of the Temple was not only well known to the Christians, but was
.systeBaatically defiled by them Ollt of abhirrence for the Jews. Eutychiusexpressly
tells us that-" when Helena, the mother of Constantine, had· built
chul'ches at Jerusalem, .the site of the rock and its neighbourhood had been laid
waste, and so left. Rut the Christians heaped.dirt on the rock so that there was.
a large dunghill over it. And so the Romans had neglected it, nor given it that
honour which the Israelites had been wont to pay it, and had not built a church
above it, because it had been said by our Lord Jesus Christ in the Holy Gospel~
C Behold, yow' house shall be left unto you desolate.' "
t Reynolds, ~f7Qinmisunderstanding the .Arabic, renders this Hone cubit."
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HISTORY OF TIlE HARA))' ES SHERIF. 127
'Omar, "thou leanest to Jewish notions, I see; the best place for the
mosque is in front of it," and he built it in front accordingly.
Another version of this conversation is, that when Ka'ab proposed to
set the mosque behind the Sakhrah, 'Omar reproved him, as has
just been stated, for his Jewish proclivities, and added, "Nay, but we
will place it in the sad". (' breast or forepart') for the prophet ordained
that the Kiblah of our mosques should be in the forepart. I am not
ordered," said he, "to turn to the Sakhrah, but to the Ka'abah."
Afterwards, when 'Omar had completed the conquest of Jerusalem, and
cleared away the dirt from the Sakhrah, and the Christians had entered
into their engagements to pay tribute, the Muslims changed the name
of the great Christian church from Kaiyamak (Anastasis), to Kamamak
(dung), to remind them of their indecent treatment of the holy place,
and to further glorify the Sakhrah itself.
§ 2.-BuILDING OF THE CUBBET EB SAKHRAH, &c., BY
'ABD EL MELIK.
In the year 66 of the Hijrah (A.D. 684), 'Abd el Melik having succeeded
his father 'Merwan in the Caliphate, tm-ned his attention to
building the Cubbet es Saklu:ah, and constl"Ucting the Masjid el Aksa.
Some time before this he had, for political reasons, forbidden people to
perform the pilgrimage to :Mecca,fearing that they might take the side
of his rival Zobeir, who was established there; but as people were
beginning to gl"Umble at this prohibition, he conceived the plan of
inducing them to make pilgrimages to Jerusalem instead, hoping in
this way to quiet the public mind.
Having determined upon this course he sent circular letters to every
pal"t of his dominions, couched in the following terms :---'0
" 'Abd el AIelik desiring to build a dome over the Holy Rock of Jerusalem,1h
order to shelter the Muslims from the inclemency of the weather, and, moreover,
wishing to restore the Masjid, requests his subjects to acquaint him with their
wishes 011 the matter, as he would be sony to undertake so important a matter
,,,'ithout consulting their opinion."
Letters of approval and congratulation flowed in upon the Caliph
from all quaa-ters, and he accordingly assembled a number of the most.
skilled artisans, and set apart for the proposed work a sum of money
equivalent in amount to the whole revenue of Egypt for seven years.
For the safe custody of this immense treasure he built a smaH dome,
the same which exists at the present day to the east of the Cubbet ea.
Sakhrah and is called Cubbet es Silsilah. This little dome he himself
designed, and personally gave the architect instructions as to its
minutest details. When it was finished, he was so pleased with the
general effect that he ordered the architect to build the Cubbet es
Sakhrah itself on precisely the same model.
Having completed his treasure house and filled it with wealth, he
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128 HISTORY OF THE HARAM ES SHERIF.
appointea Rija ibn Haiyah el Kendi controller thereof, with YeZ{dibn
Sallam, a na~ive of Jerusalem, as his coadjutor. These two persons
were to make all disbursements necessary for the works, and were
enjoined to expend the entire amount upon them, regulating the outlay
as occasion might require. They commenced with the erection of the
Cubbeh, beginning on the east side and finishing at the west, until the
whole was completed and there was nothing fuliher left for anyone to
suggest. Similarly in the buildings in the fore part of the Masjid, *
that is, on the south side, they worked from east to west, commencing
with the wall by which is the Mehd tAisa (cradle of Jesus), and carrying
it on to the spot now known as the Jam'i el Magharibeh.
On the completion of the work, Rija and Yezid addressed the following
letter to 'Abd el Melik, who was then at Damascus:-
" In accordance with the orders given by the Commander of the Faithful, the
building of the Dome of the Rock of JenlSalem (CLtbbeti Sakhrati Bait el ],[ucaddas)
and the :Masjidel Aksa is now so complete that nothing more can be desired.
Mter paying all the expenses of the building there still remains in hand a
hundred thousand dinars of the sum originally deposited with us; this amount
the Commander of the Faithful will expend in such manner as may seem good
to him."
The Caliph replied that they were at liberty to appropliate the sum
to themselves in consideration of their services in superintending the
financial department of the works. The two commissioners, however,
declined this proposition, and again offered to place it at the Caliph's
disposal, with the addition of the ornaments belonging to their women
and the surplus of their own private property. 'Abd el Melik, on
receipt of their answer, bade them melt up the money in question, and
apply it to the ornamentation of the Cubbeh. This they accordingly
did, and the effect was so magnificent that it was impossible for any
one to keep his eyes fixed on the dome, owing to the quantity of gold
with which it was ornamen~d. They then prepared covering for it of
felt and leather, which they put upon it in winter time to protect it from
the wind and l-ain and snow. Rija and Yezid also sUITounded the
Sakhrah itself with a latticed screen of ebony, and hung brocaded curtains
behind the screen between the columns.
§ 3.-0PENING OF THE CUBBET ES SAKHRAH.
A nUtnber of attendants were employed in pounding saffron, and in
making perfumed water with which to sprinkle the mosque, as well as
in preparing and burning incense. Every morning also servants were
sent into the Hammam Suleiman (" Solomon's bath "), to cleanse it out
thoroughly. Having done this they used to go into the store-room in
• See the "Excursus on the name Masjid el Aksa" at the end of Section 5.
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HISTORY OF THE HARAM ES SHERiF. 129
which the Xhalulc * was kept, and changing their clothes for fresh ones
of various costly stuffs, and putting jewelled girdles round their waists,
and taking the I{kalu!C in their hands, they proceeded to dab it all over
the Sakhrah as far as they could reach; and when they could not reach
with their hands they washed their feet and stepped upon the Sakhrah
itself until they had dabbed it all over, and emptied the pots of Khalulc.
Then they brought censers of gold and silver filled with Cud (perfumed
aloes wood) and other costly kinds of in"cense,with which they perfumed.
the entire place, first letting down the curtains round all the pillars,
and walking round them until the incense filled the place between them
and the dome, and then fa.stening them up again so that the incense
escaped and filled the entire building, even penetrating into the neighbouring
bazaar, so that anyone who passed that way could smell it.
After this, proclamation was made in the public nlarket, "The Sakhrah
is now open for public worship," and people would run in such crowds
to pray in there, that two 'reka'as was as much as most people could
accomplish, and it was only very few who could succeed iIi performing
four.
So strongly was the building perfumed with the incense, that one
who had been int.o it could at once be detected by the odour, and
people used to say as they sniffed i~, "Ah! So-and-so has been in the
Sakhrah." So great, too, was the throng, that people could not perform
their ablutions in the orthodox manner, but were obliged to content
themselves with washing the soles of their feet with water, and wiping
them with green sprigs of myrtle, and drying them with their pockethandkerchiefs.
The doors were all locked, and ten chamberlains
posted at each door,. and the mosque was only opened twice a weeknamely,
on Mondays and Fridays; on other days none but the attend-
.ants were allowed access to the buildings. It is said that in the days of
'Abd el Melik a precious pearl, the horn of Abraham's ram, and the
crown of the Khosroes, were attached to the chain which is suspended
in the centre of the dome, but when the Caliphate passed mto the hands
of the Beni Hashem they removed these relics to the Kaabeh.
§ 4,-DESCRIPTION OF" THE MASJID EL AI{SA IN THE TIME OF
'ABD EL MELIK AND THE REIGNS IMMEDI.A.TELY SUCCEEDING.
Ibn 'Asakir tells us that there were 6,000 planks of wood in the
Masjid used for roofing and flooring', exclusive of wooden pinal'S. It
also contained fifty doors, amongst which were :-Bab el Cortobi (th~
gate of the Cordovan), Bab Daud (the gate of David), Bah Suleiman
(the gate of Solomon), Bab Mohammed (the gate of Mohammed),
• A species of aromatic plant, rather larger than saffron. Reynolds translates
this "w:lich was hehind," and, as usual, makes nonsense of the remainder of the
passage.
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130 HI5TORY OF THE HABAM EB SHERiF.
:Bab Hettah (the gate of Remission·), Bab et Taunah (the gate
of Reconciliation), where God was reconciled to David after his
sin, Bab er Rahmeh (the gate of Mercy), six gates called Abwab
al Asbat (the gates of the tribes), Bab el Walld (the gate of
Walid), Bab el Hashim! (the gate of the Hashem Family), Bab el
Khidi (the gate of St. George or Elias), and Bab es Sekinah (the gate
of theShekina). There were also 600 marble pillars; seven mihrabs
(or prayer niches); 385 chains for lamps, of which 230 were in the
Masjid el Aksa, and the rest in the Cubbet es Sakhrah; the accumulative
length of the chains was 4,000 cubits, and their weight 43,000
"atals (Syrian measure). There were also 5,000 lamps, in addition to
which they used to light 1,000 wax candles every Friday, and on the
night of the middle of the months Rejeb, and Shaban, and Ramadhan,
as well as on the nights of the two great festivals. There were fifteen
domes, exclusive of the Cubbet es Sakhrah; and on the roof of the
mosque were 7,700 strips of lead, and the weight of each strip was 70
Syrian ratals. This was exclusive of the lead which was upon the
Cubbet es Sakhrah.
All the above work was done in the days of 'Abd el Melik ibn
Merwan. The same prince appointed 300 perpetual attendants to the
mosque, slaves purchased with a fifth of the revenue, and whenever
)ne of these died there was appointed in his stead either his son,
grandson, or some one of the family; the officeto be hereditary so long
as the generation lasted. There were four-and.twenty large cisterns in
the Masjid, and four minarets, three of which last were in a line on the
west side of the Masjid, and one over the Babel Esbat. There were
also Jewish servants employed in the Masjid, and these were exempted
on account of their services from payment of the capitation tax;
originally they were ten in number, but as their families sprung up
increased to twenty. Their business was t.o sweep out the Masjid
all the year rO'RD.d,and--to clean out the lavatories round about it.
Besides these, there were ten Christian servants also attached to the
place in parpetnity, and transmitting "the office to their children; their
business was to brush the mats and to sweep out the conduits and
cisterns. A number of Jewish servants were also employed in making
glass lamps, candelabras, &c. (these and their families were also
exempted in perpetuity from tax, and the same privilege was accorded
to those who made the lamp wicks).
The doors of the Masjid were all covered with plates of gold and
silver in the time of 'Abd el Melik, but these were stripped off by Abu
Jaafar el Mansur, the second caliph of the Abbaside dynasty, in A.D.
753, and meltedup for coin" to .repair the east and west sides of the
Masjid, which had fallen down in the great earthquake of 747 A.D.
When the second earthquake occurred, and threw down the parts
restored by Abu Jaafar, EI Mehdl, his successor, seeing that the place
:I: cr. Coran, cap. ii. 55, "Enter th~ gate with adoration, and say , Remission.' .,
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HISTORY OF THE KARAM ES SHERiF. 131
was going to ruin, andj was almost] deserted by worshippers, deter.·
mined to rebuild it on a smaller scale. This he did by taking a portion
both off the length and breadth. EI Mehdf ascended the throne
7th October, A.D. 775. ~
The only inscription of 'Abd el Melik's which now remains in the
mosque is the great mosaic around the colonnade in the interior; of
this I shall give a particular account when speaking of Abd Allah
:Ma'mun, by whom it was altered for the purpose of fraudulently ine;erting
his own name. *
Abd el M:elikdied on the 8th Sept., A.D. 705, and_was succeeded by
his son EI Walid.
§ 5.-MEASUREMENT OF THE M.A.SJID.
Ibn tAsakir says that the length of the Masjid el Aksa was 755cubits,
and the breadth 465 cubits, the standard employed being the royal
cubit.
In the Muth~r el Gkaram the author tells us that he saw on the north
wall, over the door which is behind the Bab el Dowaidanyeh, on the
inside of the wall, a stone tablet, on which the length of the Masjid was
recorded as 784 cubits, and its breadth 455; it did not, however, state
whether the standard employed was the royal cubit, or not. The same
author informs us that he himself measured the M:asjid with a rope,
and found that in length it was 683 cubits on the east side, and 650 on
the west, and in breadth it was 438 cubits, exclusive of the breadth of
the wall. .
EXCURSUS ON THE NAME MASJID EL AXSA.
In order to lWderstand the native accounts of the sacred area at.
Jerusalem, it is essentially necessary to keep in mind the proper
application of the various names by which it is spoken of. When the
Masjid el Aksa. is mentioned, that name is usually supposed to refer to
the well-known mosque on the south side of the Haram, but such is not.
really the case. The latter building is called EI Jam'i el Aksa, or simply
EI Aksa, and the substructures are called EI Aksa el Kadimeh (the
ancient Aksa), while the title EI Masjid el Aksa is applied to the whole
sanctuary. The word Jami is exactly equivalent in sense to the Greek
CTVJf~"'~, and is applied only to the church or building in which the
worshippers congregate. MasJid, on the other hand, is a much more
general term; it is derived from the verb sejada" to adore," and is
applied to any spot" the sacred character of which would especially
incite the visitor to an act of devotion. Our word mosque is a corruption
of masjid, but it is usually misapplied, as the building is never 80
designa.ted, although the whole area on which it stands may be 80
spoken of.
• I propose hereafter to publish a fac-simile of this inscription, showing the
alteration in the mosaics, from a s(lueeze impression, which I obtained when
working in the mos(lue.
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132 DISCOVERY OF A TABLET FROM KING HEROn'S TEMPLE.
The Cubbet es Sakhrah, El Aksa, Jam'i el Magharibeh, &c., are each
·called a Jami, but the entire Haram is a masjid. This will explain how
it is that 'Omar, after visiting the churches of the Anastasis, Sion, &c.,
was taken to the "Masjid" of Jerusalem, and will account for the
statement of Ibn el 'Asa'kir and others, that the Masjid el Aksa
measured over 600 cubits in length-that is, the length of the whole
Haram area. The name Masjid el Aksa is borrowed from the passage
in the Coran (xvii. 1), when allusion is made to the pretended ascent of
Mohammed into heaven from the temple of Jerusalem; "Praise ~e .
l.lnto Him who transported His servant by night from EI Masjid el
Haram (i.e., 'the Sacred place of Adoration' at Mecca) to EI Masjid el
Msa (i.e., 'the Remote place of Adoration' at Jerusalem), the
precincts of which. we have blessed," &c. The title El .A.ksa, "the
Remote," according to the Mohammedan doctors, is applied to the
"temple of Jerusalem "either because of its distance from Mecca, or
hecause it is in th:e centre of the earth."
The title Haram, or "sanctuary," it enjoys in common with those
-of Mecca, Medina, and Hebron.
(To be continued.)
DISCOVERY OF; A TABLET FROM HEROD'S TEMPLE.*
" PERMIT me to have recourse again to"the publicity of your journal
in order to make known, in a few words, an important discovery which
I have just made in JenIsalem. It is of one of those tablets which, in
.the temple reconstructed by Herod, forbade strangers, as Josephus tells
us, from passing the sacred enclosure-the prohibition being written in
Greek and Latin. The tablet which I have found bears the following
inscription in Greek in seven lines :- .•
"MH8ENA AAAorENH EI~rtoPETE~eAI ENTO~ TOT nEPI TO IEPON TPT·
flAKTOT KAI nEPIBOAOT O~4'AN AH+8H EATTtll AITIO~ E~TAI 41A
TO EEAKOAO"t8EIN 8ANATON.
The characters are monumental in size, and present the appearance
which one would expect in an inscription of the period.
The translation is :-
, No stranger is to enter within the balustrade (TpVflKt.ICTOS) round the
temple and enclosure. Whoever is caught will be responsible to himself for his
death, which will ensue.'
The passage of J<;>sephus to which I have made allusion, is as
follows:-
'When you go through these first cloistersunto the second (court of the seven
temples), there was a partition (Bpvtpcuc'ros) made of stone all round, whos(>
~ Reprinted, by kind permission of the Editor, from the Athenreum.
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© W. S. Maney & Son Ltd 2010 DOI 10.1179/175355210X12747818485448
conservation and mgmt of arch. sites, Vol. 11 Nos 3–4, 2009, 262–81
Extreme Exposure: Archaeology in
Jerusalem 1967–2007
Raphael Greenberg
Department of Archaeology and Ancient Near Eastern Cultures, Tel Aviv
University, Israel
A long series of excavations has been carried out since 1967 by Israeli
archaeologists in ‘unifi ed’ Jerusalem. Proponents have characterised this
work as revolutionary and inspired by ‘a free academic spirit’; critics have
viewed it as part of the ‘Jewish-colonial-nationalist project’. The truth of
these views, which are not mutually exclusive, lies very much in the eye of
the beholder. Despite the unifi ed legal framework governing the excavation
of Jerusalem, there is neither a single outlook nor an overarching plan in its
conduct. Different excavators — and perhaps more signifi cantly, different
development agencies — have worked to different ends in Jerusalem, using
a wide variety of means.
Three stages may be discerned in the conduct of archaeological work in
Jerusalem since 1967. The fi rst two, spanning the fi rst three decades or so
of Israeli presence in East Jerusalem, may be characterised, by and large,
as ‘offi cial’ in outlook, i.e., governed by concerns of the central government
and by the municipal leadership; the third, spanning the recent decade, is
highly factional in outlook, i.e., governed by the pressures exerted on an
increasingly decentralised authority by special interest groups, primarily
those of the ideological-religious right. The conclusion of this paper puts
forward some ideas for alternative action by archaeologists in Jerusalem,
based on current concepts of best archaeological practice and on a proactive
stance on archaeological ethics.
keywords Israel, Palestine, Jerusalem, confl ict, legislation, ethics
Introduction
In August 1909, the British adventurer and self-styled archaeologist Montague
Parker, acting upon information received from a Finnish scholar with mystic leanings,
began to excavate a series of galleries and tunnels near the spring and pool of Silwan
(Silberman 1982, 180–8). These tunnels, it was hoped, would eventually lead to the
heart of the Temple Mount, or al-Haram ash-Sharif, and reveal the treasures of King
Solomon’s temple. After several fruitless seasons spent in recording the intricacies of
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ARCHAEOLOGY IN JERUSALEM 1967–2007 263
ancient Jerusalem’s water systems together with Jerusalem’s leading archaeologist,
Pére Louis Hugues Vincent (Vincent’s description of these conduits later became the
cornerstone of all subsequent investigations of the problem), Parker decided, in April
1911, to cut to the heart of the issue by bribing Waqf offi cials in order to gain access
to the cisterns and halls beneath the Haram itself. The uproar caused by the presence
of foreigners in the inner recesses of the Haram led to the ignominious fl ight of
Captain Parker’s expedition from the wrath of the Ottoman offi cials.
In March 2007, 96 years after Parker’s debacle and in what can only be termed a
bizarre coincidence — if not the product of a fi ne sense of historical irony (a possibility
highly unlikely in view of the character of the individuals involved) — Turkish
authorities were once more asked to oversee excavations near the Haram. And while
these Israel Antiquities Authority (IAA) excavations at the Mughrabi Gate were
certainly not a clandestine treasure hunt like that perpetrated by Parker, another
team of IAA archaeologists was — again by mere coincidence? — engaged in the
mining of a subterranean gallery which some hoped would lead from the pool of
Siloam, beneath the village of Silwan, to the base of the Temple Mount/al-Haram
ash-Sharif.
The Mughrabi Gate and Silwan excavations (Figs 1& 2) are but the last in a long
series of excavations carried out since 1967 by Israeli archaeologists in ‘unifi ed’
Jerusalem. Proponents have characterised this work as revolutionary and inspired by
‘a free academic spirit and a deep sense of the trust borne by the scholars engaged in
[it]’ (Geva 1994, xiv). Critics have viewed it as a project of physical transformation
‘co-implicated in the Jewish-colonial-nationalist project’ (Abu el-Haj 1998, 167). The
truth of these views, which are not mutually exclusive, lies very much in the eye
of the beholder. Despite the unifi ed legal framework governing the excavation of
Jerusalem, there is neither a single outlook nor an overarching plan in its conduct.
Different excavators — and perhaps more signifi cantly, different development
agencies — have worked to different ends in Jerusalem, using a wide variety of
means.
In the following pages I would like to focus on the recent trends in the archa eology
of Jerusalem. In some ways, this will be a complement to Nadia Abu el-Haj’s critique
of about a decade ago (Abu el-Haj 1998), which focused on the dominance of wars
and politics in popular presentations of Jerusalem’s antiquities as well as the manner
in which the past was used to legitimate the Israeli presence in the Old City; in others,
it will be a commentary on that critique. In contrast to Abu el-Haj, I will suggest that
the way the past is presented by the tourism industry is not a suffi cient yardstick for
evaluating archaeological practice. The preserved archaeological remains in Jerusalem
are neither the only nor the most important product of Israel’s archaeological
activity since 1967. With Abu el-Haj I will attempt to show how archaeology is still
being exploited to further exclusionary narratives by various interest groups.
Since all archaeological practice is socially situated, it would perhaps be appropriate
to point out some primary facts about Jerusalem. The population of greater
Jerusalem (that is, East and West combined, as unilaterally defi ned by Israel) presently
stands at about 780,000 souls. These may be roughly divided into three parts:
the Palestinian and largely Islamic accounting for about 34% of the population, the
Jewish ultra-orthodox, perhaps 21%, and the Jewish-Zionist sector (ranging from
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264 RAPHAEL GREENBERG
fi gure 1 Map of recent excavations in the Old City of Jerusalem (courtesy Daniel
Seideman).
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ARCHAEOLOGY IN JERUSALEM 1967–2007 265
orthodox to secular), comprising about 45% (all unoffi cial fi gures, based on information
culled from the Jerusalem Institute for Israel Studies website1). The fi rst sector
is also the poorest in terms of economic, cultural and political capital (Margalit 2006),
due not only to the fundamental power imbalance and disenfranchisement (with
rare exception, Palestinians in East Jerusalem are not citizens, and consequently lack
the right to vote in national elections), but also to a determination to avoid any
cooperation with what is considered by Palestinians to be an illegal occupation.
The second sector is nearly as poor as the fi rst, but is rapidly capitalising on its
demographic growth and internal discipline in order to form the dominant political
element in the city. The third sector still comprises Jerusalem’s economic and cultural
backbone, and holds the traditional bastions of the Israeli elite, including the
Hebrew University and much of the central government administration.
In terms of their affi nity to archaeology, the fi rst two groups may be said to be
equally indifferent: neither the Palestinians nor the ultra-orthodox have ever turned
to archaeology in order to legitimise their centuries-long presence in the city. The
third group, itself subdivided into more and less conservative elements in religious
terms, and into several socioeconomic classes, is the only one to which archaeology
holds much relevance. It may be safely stated, in fact, that archaeology has only ever
been important for a small portion of Jerusalem society. This small segment, however,
represents the potential archaeological interest of a much greater portion of
Israeli society outside Jerusalem, not to mention that of the international community.
fi gure 2 Preparations for excavation on the Mughrabi ramp, 2007.
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266 RAPHAEL GREENBERG
In other words, Jerusalem’s academic excavators carry the torch for Israel’s secular
community, although that latter community has generally tended to avoid physical
presence in the city, even as tourists!
As representatives of a secular, academic approach to Jerusalem’s history, the
Israeli excavators of Jerusalem fi nd themselves in a peculiar position: their discipline
and training require of them to uphold a dispassionate approach to excavation and
interpretation, while their principal clients — developers, offi cers of the public, fi nancial
underwriters, the tourist industry — expect to see results that will legitimise their
concepts of the history of Jerusalem. Israeli historian Yaacov Shavit, who has studied
the history of modern Israel’s relation to archaeology, offers a concept that can help
us to understand how Israeli archaeologists have handled their occupational dissonance.
Shavit (1997) proposes that a division be made between a ‘greater’ and a
‘lesser’ archaeology (on analogy with Redfi eld’s (1956) great and little traditions in
anthropology). The lesser archaeology is that practised by archaeologists in their
professional mode, and is the language of their internal discourse; the greater archaeology
is the public and non-professional grand narrative that is used to market
archaeology to the broader clientele. It is the lesser, behind-the-scenes archaeology
that enjoys greater currency in professional circles, while the greater archaeology is
the lubricant of popular support and funding.
Critical theory has long since exposed the impossibility of two hermetic discourses
coexisting within a single framework of practice, let alone within the minds of individual
practitioners. Yet the belief that archaeologists can ply their trade according
to a set of rules that is completely neutral to their motivations, to the source of their
funding, or to their social and political context, is a principle of faith for many of my
colleagues (Mazar 1990, 32; Ben-Tor 1992, 9; Geva 1994). As part of this belief, many
archaeologists who have excavated in Jerusalem have had little involvement in the
post-excavation presentation of their results to the public, their contribution often
limited to the provision of artefacts and descriptive texts.
Several stages may be discerned in the conduct of archaeological work in Jerusalem
since 1967. The fi rst two, spanning the fi rst three decades or so of Israeli presence
in East Jerusalem, may be characterised, by and large, as ‘offi cial’ in outlook, i.e.,
governed by concerns of the central government and by the municipal leadership; the
third, spanning the recent decade, is highly factional in outlook, i.e., governed by the
pressures exerted on an increasingly decentralised authority by special interest groups,
primarily those of the ideological-religious right. The fi rst two stages are covered in
Abu el-Haj’s critique of the Israeli presentation of the past in Jerusalem; the last
postdates it. My discussion of the fi rst two stages will therefore be an engagement
with her work, whereas my treatment of the latest stage will be more descriptive. At
the conclusion of this paper I will put forward some ideas for alternative action by
archaeologists in Jerusalem.
This paper does not pretend to be a disinterested evaluation. As an archaeologist
who took his fi rst steps in the fi eld excavating at the foot of the Temple Mount with
Mazar (at age 12) and in the City of David with Shiloh (as an undergraduate), as an
Israeli who has experienced at fi rst hand the thrill of recognition in deciphering
ancient Hebrew ostraca, as a teacher who feels the full burden of responsibility for
educating young archaeologists to be refl ective and involved social actors, and as a
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ARCHAEOLOGY IN JERUSALEM 1967–2007 267
citizen of Jerusalem who must live with the consequences of actions taken on the
ground by civil organisations and by leaders, I am deeply implicated in the issues that
I discuss below.
Stage I, 1967–77: exercising the right of return
The fi rst archaeological conference in Jerusalem following the six-day war took place
in September 1967 (Aviram 1968). It is remarkable that, despite the presence of all
of Israel’s leading archaeologists — Yadin, Mazar, Avigad and many more — and
despite the participation of Chief of Staff Y. Rabin and several cabinet ministers, no
mention was made anywhere of the future of archaeological excavation in the city,
or of the need for any kind of proof of Jewish presence in the Old City. Nonetheless,
there can be little doubt that the 19-year separation from the Old City, and the
unusual (some would have said, miraculous) circumstances of the Israeli scholars’
return, whetted what was to become a voracious archaeological appetite.
It was certainly no accident that Benjamin Mazar and Nahman Avigad were chosen
to head the fi rst major expeditions. Not only were they the senior active professors
in the Hebrew University Institute of Archaeology, but both had begun their careers
as excavators during British Mandate times; both had studied Jerusalem before its
division by the 1948 armistice lines, and both therefore viewed the return of Jewish
scholarship to the Old City of Jerusalem under Israeli sovereignty as poetic justice. A
sense of entitlement pervades the publications in which their major fi nds were fi rst
described (Avigad 1980; Ben-Dov 1982).
In the event, excavations got underway only fi ve months after the conference, and
they were conducted in the largely empty lot adjacent to the south-western corner of
the Temple Mount/al-Haram ash-Sharif. The main concern of the excavators was to
secure the agreement of Jewish religious authorities for excavation so near the western
wall of Herod’s temple. This agreement was reached thanks to a compromise
engineered by mayor Teddy Kollek, according to which archaeologists were awarded
everything south of the western wall praying area and religious authorities were
given responsibility for everything lying to its north, along the western wall. The
Ministry of Religious Affairs eventually used their privilege to excavate a tunnel along
the entire length of the Haram wall. In the meantime, municipal authorities had
swiftly destroyed the Mughrabi quarter, adjacent to the Haram wall, in order to
create a large plaza (Fig 3). This was done with no archaeological involvement.
It was several years before the impact of the Temple Mount excavations on the
cognitive map of Jerusalem began to be felt. These years were spent in the ‘lesser’
archaeological activities of clearance of large-scale construction from Byzantine and
Umayyad times, as well as the removal of enormous quantities of ‘dumps’ (the
accumulation of hundreds of years of refuse deposition). By the early 1970s, however,
the excavations had extended to the south-east corner of the Haram, revealing extensive
Roman-period remains along the way (Fig 4). The discoveries began to fi nd
expression in a series of publications on the ancient topography of the Tyropean
Valley and the Temple Mount; these publications and reconstructions all had Herod’s
temple enclosure as their centrepiece (Ben-Dov 1982, 98–101; Ritmeyer 1989).
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268 RAPHAEL GREENBERG
Meanwhile, a second focus of excavations had developed in the Jewish quarter of
the Old City. Here, high-level political decisions to completely raze and rebuild
the quarter (which had been badly damaged during the 1948 war and after it, when
Jordanian authorities had several synagogues demolished) were translated into extensive,
year-round excavations. There was little prior indication of the extent or qua lity
of the fi nds that could be expected in this area. It therefore came as a surprise to fi nd
the wealth of architectural remains spanning the Iron Age to the Crusader periods.
In preliminary reports on the excavation, Avigad (1980) describes in some detail the
nature of the dialogue between archaeologists and developers, and claims to have
reached ‘a golden mean’, whereby the methodological integrity of the excavations
was upheld, and the most important remains were preserved either in open areas
within the Jewish quarter or in basements beneath the modern buildings.
There can be little doubt that the ‘most important’ fi nds for Israeli excavators were
the extensive — and to a great extent unexpected — remains of Iron Age and Early
Roman Jerusalem, although in sheer bulk these were virtually equalled by later
remains (mainly Byzantine and medieval in date). The manner in which these fi nds
were eventually woven into the new narrative of Jerusalem’s — and the Jewish quarter’s
— past has been described at length by Abu el-Haj (1998). Her critique is most
effective where it illustrates the discourse of exclusion and power used in popular
presentations of Jerusalem’s antiquities: the only signifi cant processes are those
fi gure 3 Removal of the last houses leaning on the Western Wall; photographed in
the afternoon of 16 June 1969 (Vilnay 1970, 327; reproduced by permission of Ahiever
Publishing).
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ARCHAEOLOGY IN JERUSALEM 1967–2007 269
related to warfare and political authority. Her discussion of the manner in which
Jewish remains are highlighted in the interests of Israeli presence in the Old City
should be tempered by the following observation: given that every act of preservation
and presentation is inherently selective, the choices made by the present rulers of
Jerusalem should be viewed in the context of similar choices made by all previous
generations of rulers and conquerors. Each had its own story to tell, and none is
inherently morally superior to the others.
Of greater relevance to the thesis of this paper is the observation that neither of
the two excavation projects described above, grand in scale and publicly funded, was
begun with any overarching programme in mind. As they developed, their role in the
physical transformation of the Old City emerged as their most prominent contribution.
The lesser archaeology succumbed to the greater, and it was only decades later
that detailed excavation reports began to appear, prepared by the successors of the
original excavators (e.g., Geva 2000; 2003; 2006; Mazar 2003).
Furthermore, archaeology was also implicated — if in a less visible way — in a far
more ambitious project with signifi cant political dimensions: the construction of new
Jewish neighbourhoods east of the 1949 armistice line (the so-called Green Line).
Extensive construction in the neighbourhoods of Ramat Eshkol, French Hill, Giloh,
fi gure 4 A visit by Israel’s prime minister Levi Eshkol to the archaeological excavations near
the south-western wall of the Temple Mount in Jerusalem, 4 July 1968 (Fritz Cohen, courtesy
of the Israel Government Press Offi ce, National Photo Collection).
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270 RAPHAEL GREENBERG
East Talpiyot and, later, Ramot led to the discovery of extensive necropoli of Jewish
Jerusalem, dating mainly to the early Roman period. Many of the tombs contained
decorated and inscribed ossuaries, some of which continue to fuel controversy and
fi re the imagination of Christian fundamentalist treasure hunters. In addition to the
tombs scores of less celebrated sites were excavated, signifi cantly enriching archaeologists’
understanding of the environs of ancient Jerusalem and providing resources
for a more complete archaeological history of the city.
In all, a close correlation may be observed between the extent and type of archaeological
activity and the political agenda of the Labour-led government in the fi rst
decade of occupation: a heavy emphasis on establishing an Israeli presence in the Old
City and east of the Green Line, with the intent of permanently changing the political
status of Jerusalem (Berkowitz 2007, 238–9). This is the era of large-scale projects,
coupled with a secular — and to some extent even liberal — outlook that sees Israel
as the steward of world cultural heritage in Jerusalem. The nature of the discoveries
in the great projects made their contribution to the ‘greater archaeology’ an easy sell:
extensive remains of Judahite (Iron Age) and Jewish (early Roman) Jerusalem, alongside
a healthy dose of Christian and Islamic antiquities to provide Israeli sovereignty
with the legitimacy of a liberal, multicultural orientation.
Stage II: the less the better
The downfall of the centrist Labor-led coalition in 1977 and the consolidation of the
right-wing Likud government throughout the 1980s led to a change in the standing
of Jerusalem in the Israeli agenda: despite the highly charged rhetoric and the passing
of the 1980 Jerusalem Law (‘Jerusalem, complete and united, is the capital of Israel’),
the main ideological thrust of the new leadership was focused on the construction of
settlements in the West Bank. In Jerusalem, the municipal leadership concentrated on
buttressing existing neighbourhoods, especially those on the northern and southern
periphery (Giloh, Ramot, Neve Yaakov and the new neighbourhood of Pisgat Zeev),
and on an administrative expansion that would allow development of the city
towards the west.
The archaeological refl ection of this change in priorities may be characterised as a
clear move towards a ‘lesser’ archaeology, led by a younger generation of academic
and professional practitioners (an impressive summary of this work can be seen in
Geva (1994)). The fl agship excavation of this era was the City of David expedition
headed from 1978 to 1985 by Yigal Shiloh of the Hebrew University. Though conceived
as a follow-up to the Temple Mount and Jewish Quarter excavations, there
are several interesting differences in both concept and execution:
a) The area designated for excavation was, with some minor exceptions, an area
that had long been set aside for the purpose; there was no appropriation of
public or private land.
b) The excavation was designed and carried out after the manner of academic
tell-type excavations: a two-month fi eld season followed by ten months of lab
research.
c) An understanding was reached with the Palestinians residing near the excavatio n
areas. Houses and plots were rented for the duration of the season and there
was a degree of friendly — if almost entirely commercial — interaction.
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Despite the considerable importance of Shiloh’s results, the City of David excavations
did not have the same impact on the cognitive map of Jerusalem as the earlier expeditions.
This was no doubt due to its location below and away from the focus of
religious interest in the Old City, within the densely settled Palestinian neighbourhood
of Wadi Hilweh (often termed Silwan, after the large village to which it belongs)
(Fig 5).
An important dimension of archaeological work during these years was a great
increase in the study of the environs of the ancient city. Here, by chance, the development
of the city and a shift in archaeological priorities occasioned by the rise of
environmental and geographic (‘spatial’) approaches coincided. An extensive survey
(Kloner 2000; 2001; 2003) and several important excavations and landscape studies
in West Jerusalem (e.g., Gibson & Edelstein 1985; Eisenberg 1993; Edelstein &
Milevski 1994) joined scores of salvage excavations in the northern and southern
peripheries of East Jerusalem to provide materials for a new perspective on the
history of Jerusalem.
Herein lays an interesting paradox: the important salvage work conducted in
Stage I and especially in Stage II of Israeli archaeological activity in Jerusalem was
occasioned — as far as practitioners were concerned — by a higher power; that is,
the initiative was not archaeological. In fact, the initiative was entirely political in
nature, but it created an archaeology that was able to see itself as entirely apolitical.
fi gure 5 View of Wadi Hilweh, rear centre, and Silwan, right, from south, with Temple
Mount/Haram ash-Sharif in the background.
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Moreover, this ‘apolitical’ archaeology was to a great extent invisible to the public.
The scientifi c (‘lesser’) discourse was almost entirely confi ned to professional circles,
and the sites in question were destroyed, covered over, or left as undeveloped ‘nonplaces’
— anonymous islands in the urban sprawl of modern Jerusalem. There can
be no doubt that this archaeological activity salvaged great quantities of information
from the inexorable march of development. At the same time, its very lack of presumption
resulted in its contribution going nearly unnoticed; few of the debates on
Jerusalem take much notice of the potential contribution of the spatial and environmental
analysis of the ancient countryside to the solution of problems caused by the
problematic nature of operations within the city.
As if that were not enough, the salvage work is further marred by the misunderstanding
by its practitioners of the social context in which they operated: what they
viewed as ‘neutral’ science was, after all, cultural production — in this case, of an
archaeological record; their education and pre-understandings infl uenced their motivation
and interest, and these in turn governed methods of data retrieval and the
way they presented their fi nds. This is easily demonstrated in the main showcase of
Stage II archaeology, Ancient Jerusalem Revealed (Geva 1994). Divided into three
headings, First Temple Period, Second Temple Period, and Later Periods, the thirtynine
contributions are distributed as follows: tombs and burials (12), epigraphic fi nds
(8), fortifi cations (8), art objects (3) and miscellaneous architecture (7). Only one
contribution is devoted to a quotidian industry (Y Magen on the stone vessel industry),
and none to any of the spatial or geographic issues that were quite popular by
this time. The volume thus carefully reproduces the standard themes of Jerusalem’s
archaeology since the 1970s.
Another blind spot of nearly all Israeli archaeologists was their indifference to the
emergence of a Palestinian school of archaeology in the West Bank, in tandem with
the coming of age of the Palestinian national movement during the 1980s (Glock
1994). With few opportunities for legitimate encounters with Palestinian academics,
most Israeli archaeologists saw the nascent Palestinian school as unprofessional, marginal
and politically motivated. Thus was the opportunity missed by both sides to
become acquainted with alternative archaeological views of the same landscape and
history that they were studying. These alternative viewpoints included fundamental
issues such as the very defi nition of antiquities, the place of historical archaeology
and ethnography, or the identifi cation of indigenous people. In Israel, terminology
was naturalised to such an extent that any query regarding terms such as ‘First Templ e
Period’, ‘Israelite settlement’, or ‘Herodian lamp’ was viewed as grounds for taking
offence, if not as an attack on Israel’s very right to exist (this is not far-fetched as it
may seem, in view of the zero-sum conceptions governing both Israeli and Palestinian
narratives of identity). In this sense, the ‘lesser’ archaeology absorbed the values of
the ‘greater’ archaeology, and contributed in turn to the reproduction of the latter.
Stage III: full of passionate conviction
The political year of 1992–93 was a remarkable turning point in the history of
Israeli-Palestinian relations in Jerusalem. At one end of it lay the electoral victory of
Yitzhak Rabin and the Labor Party, which paved the way to the 1993 Oslo accords;
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at the other end stood the election of Ehud Olmert as mayor of Jerusalem, signalling
the victory of a religious and right-wing agenda in the city and the splintering of
secular and progressive forces. Galvanised by the threat to their settlement programme
in the West Bank, the ideological right went into overdrive. In Jerusalem, a twopronged
campaign was pursued, the one aimed at suppressing Palestinian political
activity in East Jerusalem, the other at establishing a Jewish presence in as many
locations as possible in the Old City and its environs. One key fi gure in this activity
was city council member, the late Shmuel Meir, who died in a car accident in 1997.
In a 2005 interview, Meir’s widow describes his mid-1990s activity:
His plans as council member included the expansion of Pisgat Zeev, building a promenade
along thre Ophel, at the foot of the Mount of Olives, developing the Jehosophat
[Kidron] Valley, construction at Herod’s Gate, developing the Western Wall tunnels,
reconstructing the Horvah Synagogue, and above all the extension of Jerusalem’s sovereign
borders by constructing the neighborhood of Har Homa [. . .] and the authorization
of Jewish construction at Ras el-Amud on the Mount of Olives [. . .]
He gathered various bodies that advocated for Jerusalem and called them ‘the Forum
for Jerusalem’. The forum included, among others, Matti Dan from ‘Ateret Kohanim’,
David’le Beeri from ‘Elad’, Haim Falk from the National Religious Party, Hanan Porat,
Ketza’le, Uri Ariel, Soli Eliav from the Western Wall tunnels, Elisha Peleg and many
others. (Shnor 2005)
This activity must be seen as the foundation of a new, hitherto unknown, intimate
relationship between the ideological agenda of the Jewish settlement movement and
archaeology in the historical basin of Jerusalem. Of the circle described in the above
quote, three fi gures (Dan, Beeri and Eliav) are central to the ongoing campaign of
acquisition, construction and excavation in the historical basin, while the others
served or continue to serve as their political patrons. Within the discourse of their
campaign, archaeology was, at fi rst, a minor component: in fact, it was perceived
more as a hindrance than as a contribution to the cause, since any construction in
Jerusalem requires complete excavation beforehand, which can often take years.
Here, several words on the role of the Israel Antiquities Authority (IAA) are in
order. In 1990, the IAA was created as a semi-autonomous government unit, replacing
the former Department of Antiquities and Museums, which had been part of the
Ministry of Education. The effect of the formation of the IAA was a rapid growth in
its statutory capacities and manpower, which soon outpaced its budget. This, in turn,
led the IAA to ever-increasing involvement in contract work vis-à-vis both public and
private developers, under the ‘polluter pays’ principle. In its capacity as regulator of
any construction activity in a declared archaeological zone, the IAA has the power to
prevent or delay construction. However, in its increasing subjugation to rules of
the market and a liberalised economy, the IAA has become increasingly dependent
on projects funded by the developing agent. In this manner, the IAA has become a
player in the politics of development in the historic basin, and often appears to be
caught in a confl ict of interests. Moreover, the very defi nition of the ‘clients’ of the
IAA has undergone signifi cant change; under the market principle, the paying agent
is the client, with all that this status entails.
After several run-ins with the IAA, the promoters of an expanded Jewish presence
in East Jerusalem latched on to the idea of using archaeology to gain control of large
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tracts of public land: all open areas in the historical basin would be declared antiquities
zones, and ideological NGO’s such as El‘ad would be subcontracted by the state
to maintain and develop these areas. Within the walls, excavated areas — even those
scheduled for new construction — could be similarly co-opted. The ultimate aim — it
must be stressed — of all these groups was fi rst to create wedges of Jewish settlement
in the interstices between Palestinian neighbourhoods that would prevent any political
division of the city, and eventually to dilute the entire Palestinian presence in the
historic basin (Hirschberg 1996). Archaeology provides physical and symbolic capital
for this project, in the form of a narrative emphasising Jewish continuity and eliding
other cultures, and relics that testify to such continuity. Furthermore, the nearer these
relics are to the Temple Mount, the greater value they hold for promoters of the
project, stressing the underlying messianic nature of their enterprise.
The ‘pilot project’ of this new, emboldened approach was the construction of a
northern exit for the so-called Western Wall tunnel: a series of vaults, cisterns, carved
channels and modern galleries joined together in order to allow passage from the
Western Wall prayer plaza to the north-west corner of the Temple Mount/al-Haram
ash-Sharif. Cleared at the initiative of the Ministry of Religious affairs, the tunnel
system was, as of 1996, accessible to a limited number of visitors, since its only entrance
was at its southern end, from the Western wall plaza. The seemingly innocuous
decision, in October 1996, to allow through pedestrian traffi c in the tunnel by creating
an opening at its northern end led to a wave of violence in Jerusalem and the
West Bank that cost scores of lives. This decision was announced by then mayor Ehud
Olmert, who forced the hand of prime minister Netanyahu into publicly supporting
it. But there can be little doubt that those who profi ted most from the entire affair
were the ideological-religious organisations located in the heart of the Old City —
e.g., the semi-governmental Western Wall Heritage Foundation, the Aish HaTorah
Yeshiva and the Ateret Cohanim Yeshiva — for whom the tunnels serve as a virtual
lifeline, attracting thousands of tourists and providing an unrivalled opportunity
for hours of intensive indoctrination (access to the tunnel is from the Western Wall
plaza, and is limited to guided groups only; through passage for individual tourists
or Palestinian residents of the Old City is not allowed). Politically, the tunnel incidents
were also a bonanza for the fundamentalist Islamic opposite numbers of the
Israeli NGOs. After 1996, as part of the understanding reached with Waqf offi cials
in the wake of the violence, archaeological inspection of the Haram ceased (Avni &
Seligman 2006). A carte blanche was given to Islamic authorities to carry out unsupervised
restoration and clearance in the ancient chambers and halls beneath the
al-Aqsa mosque. Thus was archaeology implicated, and ultimately sacrifi ced, in the
fi rst skirmish of the war of religions into which the Israeli-Palestinian confl ict is
gradually evolving.
The Western Wall tunnels had always been under religious jurisdiction and were,
strictly speaking, a holy place where archaeology was tolerated. The direct exploitation
of archaeology for the promotion of a religious-ideological agenda was left
to what was soon to become the most effective of the Jewish settler NGOs, El‘ad
(Hebrew acronym of ‘el ir-david’ [to the City of David]; Watzman 2007). In the
early 1990s, El‘ad had attempted to consolidate Jewish settlement in the part of the
Palestinian village or neighbourhood of Silwan built upon the south-eastern spur of
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ancient Jerusalem (the City of David). This settlement was to be realised through
acquisition of Palestinian properties and by direct construction on open areas, with
only a passing regard for archaeology. The political changes of 1992–93 entailed a
shift in strategy, and beginning in the mid-1990s El‘ad became a central player in East
Jerusalem affairs, obtaining a contract to manage the City of David National Park
while not relinquishing its role in what it coyly terms ‘residential revitalization’
(Greenberg 2009, 42).
Having effectively changed its stance from petitioner to and sometime adversary of
the IAA to that of developer, client and underwriter of public works, El‘ad obtained
unrivalled leverage in the IAA, the Nature and Natural Parks Authority (NNPA), and
other government offi ces at the regional and national level. As of the time of writing,
the IAA has completed nearly 15 years of continuous excavation in the ‘City of
David’, virtually all of it requested and funded by El‘ad, which has become the de
facto planning authority for the Wadi Hilweh neighbourhood of Silwan. And, while
the conduct of the excavations themselves has been left largely to the discretion of
the excavators (though time constraints and research priorities have been affected by
the agenda of the developers), the presentation of the fi nds to the public — including
venues such as semi-academic conferences in which IAA excavators play a crucial
role — has been left to El‘ad in a manner that I have described at length elsewhere
(Greenberg 2009).
Along with this overt exploitation, the elision of the Palestinians from the excavation
process and from the historical narrative that accompanies it has intensifi ed.
The contrast between the enormous inputs into excavation and the crumbling municipal
infrastructure is particularly vivid. Not only has there been no consultation with
the people actually living among the excavation sites, but archaeological operations
have become a permanent nuisance, adding another chapter to the tale of municipal
dysfunction in one of the poorest areas of town (Fig 6). And not only have the
non-Jewish periods of settlement been ignored in their presentation, but the entire
thrust of the development of the site has been one that attempts to make the local
inhabitants invisible to the casual visitor (Fig 7). Tourists are discouraged from entering
Palestinian shops, they are directed away from the routes frequented by the
Palestinian inhabitants, and various plans have been mooted to direct as much tourist
traffi c as possible into underground galleries, where only the relics of the Jewish
past will have a voice.
How have Israeli archaeologists responded to these developments? A number of
prominent academics have offered some resistance: a 1998 suit to Israel’s High Court
fi led by a group of archaeologists from the Hebrew University against the El‘ad
monopoly on the archaeology of the Silwan basin resulted in a compromise according
to which authorities were supposed to turn over the management of the park to a
disinterested party. This compromise was not, in fact, effected, and El‘ad simply
outlasted the effort to have it replaced.
For most archaeologists, however, the residue of the ‘apolitical’ approach has come
into play, particularly for the IAA excavators actually involved in the work itself.
Drawing a line between their professional and social persona, academic and professional
archaeologists involved in the excavations focus entirely on the technicalities
of fi eldwork and the basics of interpretation. But the attempt to pursue the ‘lesser’
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archaeology under these conditions rings hollow. Many rules of archaeological
enga gement are being bent and broken in the effort to accommodate the ‘clients’ —
the funders and the settlers. This has become so blatant as to attract criticism even
from the members of the usually quiescent Archaeological Council (Rapoport 2007).
fi gure 6 Wadi Hilweh: Palestinian (left and right) and settler (centre, with fl ag) houses
fl anking archaeological area, with garbage.
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Published excerpts from the council’s meeting in March 2007 testify to a critical
response to activities such as the excavation of horizontal, subterranean galleries
along the Roman period road near the Siloam pool, or the continued self-licensing of
excavations in the historic basin by the IAA, without consultation with the council.
At the time of writing of this paper, the pretence of a disinterested, ‘apolitical’
archaeology can, it seems, no longer be maintained. Using a local catchphrase, the
IAA excavators are increasingly exposed as ‘the Messiah’s donkey’ for the ideological
national-religious right.
Conclusion: can archaeology further the peace of Jerusalem?
Proponents of the present archaeological activity in the historic basin often bring up
the following arguments:
1. All the development activity currently under way in Jerusalem is strictly legal:
excavations are statutory, and should be carried out by a publicly accountable
body such as the IAA.
2. Since Palestinians in Jerusalem do not recognize Israeli sovereignty and do
not cooperate with municipal bodies, there is no way to integrate them in the
planning and conduct of archaeological activities.
3. Palestinian unlicensed construction threatens antiquities; all work in the
historic basin is, by defi nition, salvage work.
fi gure 7 Excavations at the Giv’ati parking lot in Wadi Hilweh, Silwan.
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These claims are technically accurate (at least through the eyes of Israeli law), but
they are all based on a narrow and myopic legalistic perspective, as if each plot
acquired or excavated is an independent entity, and as if there are no ways of sidestepping
issues of political recognition in the interest of accommodation on the
ground. Seen as a whole, construction and development in the historic basin have
been motivated, over the last decade, primarily by sectarian interests on all sides. Left
to their own devices, these interests lead Jerusalem down the path of religious confl ict
and away from any hope of political solution. Thus, the archaeological ‘salvage work’
in the service of ideological organisations is, in fact, working towards its own destruction:
what will remain of Jerusalem’s archaeology once everything goes up in
fl ames?
For the sake of its own preservation, the archaeology of Jerusalem has a vested
interest in stability and political accommodation. If such an accommodation requires
a freeze on new construction within the historic basin and with it a halt to new
excavations — this might be a price worth paying. International best practice, as
defi ned by widely endorsed charters and conventions, in fact recommends restraint in
the excavation of historic cities and, moreover, a careful consideration of all periods
in the city’s history when presenting the past (Turner 2005; UNESCO 1956). The
decision regarding excavations should not be made on a case-by-case basis. Rather,
the issues should be reviewed globally, public debate should be encouraged, and
Palestinian inputs into such a debate should be solicited.
Individually, archaeologists should be encouraged to confront the ethics of their
activities, identifying the broadest range of stakeholders, taking responsibility for the
impact they make on the place in which they have chosen to excavate, involving local
people in the decisions that affect their environment, mitigating the negative effects
and enhancing the positive effects of their work. No one is absolved of individual
ethical responsibility: being part of a larger organisation does not release us from our
responsibilities to the general public any more than it releases us from our responsibilities
towards our colleagues (best fi eld practice, publication, etc.). If we insist on
being signatory to our publications, we must also be prepared to own up to the
impact of our personal professional conduct on the human environment in which
we ply our trade. Furthermore, individual responsibility entails group responsibility,
requiring that archaeologists organise, speak out, create coalitions with like-minded
actors in the fi eld, and protect each other from the potential fallout of their
activities.
Best archaeological practice, as defi ned in most professional ethical codes, is most
likely to succeed in a stable, tolerant environment. Archaeology conducted behind tall
fences, or under cover of armed guards, is likely to fall prey to the latent violence in
which it is engendered (Fig 8). There are many ways in which archaeology can be
used to foster understanding between different groups, social strata, and religions. In
Jerusalem, likely the most sensitive archaeological site in the world, international
scientifi c cooperation should be aggressively pursued, introducing not only best
archaeological fi eld practice but a protocol of professional monitoring of the quality
of the work done and the decisions taken with regard to conservation and presentation.
In the recently concluded recommendations drafted by the Israeli-Palestinian
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Archaeology Working Group, it is suggested that the entire historic basin of Jerusalem
be redefi ned as a World Heritage Zone, where all cardinal decisions are taken
only after broad consultation.2 It is the celebration of the city as a palimpsest of world
cultures, rather than the exclusive property of this or that group — that will best
afford archaeologists a constructive professional role.
Jerusalem has been kind to archaeologists. It has made many a career and supplied
many a livelihood. It is high time that we offer something in return.
Acknowledgements
The impetus for writing this paper has been my recent involvement in the debate
over archaeological policy in Jerusalem. While my fi rst acquaintance with the people
of Silwan came during my years as fi eld assistant in the City of David excavations,
this paper is based on conversations with present Palestinian and Jewish activists,
some of whom share my views and some of whom do not. The same may be said
of numerous friends and colleagues in the IAA and the Hebrew University who
have given me insight on present policy and on the ongoing work of the IAA in East
Jerusalem. ‘Ir ‘Amim provided important background information on the activity of
NGOs in Silwan and the Old City’. To all I express my thanks, with apologies for
any misrepresentations, for which I alone am responsible.
fi gure 8 Wadi Hilweh, Silwan: settlers’ house with guard-post at left; excavation area, with
fl ag, at right.
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Notes
1 http://www.jiis.org.il 2 http://www.usc.edu/dept/LAS/religion/arc/sh
Bibliography
Abu el-Haj, N 1998 Translating truths: nationalism, the practice of archaeology, and the remaking of past and
present in contemporary Jerusalem, American Ethnologist 25, 166–88.
Avigad, N 1980 The upper city of Jerusalem. Jerusalem: Shiqmona (Hebrew).
Aviram, J (ed) 1968 Jerusalem through the ages: the twenty-fi fth archaeological convention. Jerusalem: Israel
Exploration Society.
Avni, G & Seligman, J 2006 Between the Temple Mount/Haram el-Sharif and the Holy Sepulchre: Archaeological
Involvement in Jerusalem’s Holy Places, Journal of Mediterranean Archaeology 19(2), 259–88.
Ben-Dov, M 1982 The dig at the Temple Mount. Jerusalem: Keter (Hebrew).
Ben-Tor, A (ed) 1992 The archaeology of ancient Israel. New Haven: Yale University Press.
Berkowitz, S 2007 The legal status of the historic basin, in A Ramon (ed) The historic basin — problems and
possible solutions. Jerusalem: Jerusalem Institute for Israel Studies (Hebrew), 233–48.
Edelstein, G & Milevski, I 1994 The rural settlement of Jerusalem re-evaluated: surveys and excavations in the
Repha’im Valley and Mevasseret Yerushalayim, Palestine Exploration Quarterly 126, 2–11.
Eisenberg E 1993 Nahal Refa’im — a Bronze Age village in Southwest Jerusalem, Qadmoniot 103–4, 82–95
(Hebrew).
Geva, H (ed) 1994 Ancient Jerusalem revealed. Jerusalem: Israel Exploration Society.
Geva, H (ed) 2000 Jewish Quarter excavations in the Old City of Jerusalem, Vol. I. Jerusalem: Israel Exploration
Society.
Geva, H (ed) 2003 Jewish Quarter excavations in the Old City of Jerusalem, Vol. II. Jerusalem: Israel Exploration
Society.
Geva, H (ed) 2006 Jewish Quarter excavations in the Old City of Jerusalem, Vol. III. Jerusalem: Israel Exploration
Society.
Gibson, S & Edelstein, G 1985 Investigating Jerusalem’s rural landscape, Levant 17, 139–55.
Glock, A 1994 Archaeology as cultural survival: the future of the Palestinian past, Journal of Palestine Studies
23(3), 70–84.
Greenberg, R 2009 Towards an inclusive archaeology in Jerusalem: the case of Silwan/the City of David, Public
Archaeology 8(1), 35–50.
Hirschberg, P 1996 The gradual buyout of the Muslim quarter, Jerusalem Report, 31 October 1996. Available:
http://198.62.75.1/www1/ofm/curr/TSread10.html [Accessed 18 April 2007].
Kloner A 2000 Survey of Jerusalem, the southern sector. Jerusalem: Israel Antiquities Authority.
Kloner A 2001 Survey of Jerusalem, the northeastern sector. Jerusalem: Israel Antiquities Authority.
Kloner A 2003 Survey of Jerusalem, the northwestern sector; introduction and indices. Jerusalem: Israel
Antiquities Authority.
Margalit, M 2006 Discrimination in the Heart of the Holy City. Jerusalem: International Peace and Cooperation
Center.
Mazar, A 1990 Archaeology of the land of the Bible. New York: Doubleday.
Mazar, E 2003 The Temple Mount excavations in Jerusalem 1968–1978 directed by Benjamin Mazar. Final
reports. Volume II: The Byzantine and Early Islamic periods. Qedem 43. Jerusalem: Israel Exploration
Society.
Rapoport, M 2007 A license to dig, Ha’aretz, 20 March 2007.
Redfi eld, R 1956 Peasant society and culture. Chicago: University of Chicago.
Ritmeyer, K 1989 Reconstructing Herod’s Temple Mount in Jerusalem, Biblical Archaeology Review 15(6),
23–42.
Shavit, Y. 1997 Archaeology, political-culture, and culture in Israel, in N A Silberman & D Small (eds) The
archaeology of Israel: constructing the past, interpreting the present. Sheffi eld, 48–61.
HP EXHIBIT 257
2125
ARCHAEOLOGY IN JERUSALEM 1967–2007 281
Shnor, R 2005 Al Hahoma [On the Wall], Besheva 128, 26 January 2005. Available: http://www.inn.co.il/Besheva/
Article.aspx/3877 [Accessed May 2007].
Silberman, N A 1982 Digging for God and country: exploration in the Holy Land 1799–1917. New York:
Doubleday.
Turner, M 2005 The shared cultural signifi cance of Jerusalem, in R Nasrallah, M Auga, S Hasson and S Stetter
(eds) Divided cities in transition; challenges facing Jerusalem and Berlin. Jerusalem: International Peace and
Cooperation Center, 123–43.
UNESCO 1956 Recommendation on international principles applicable to archaeological excavations. New Delhi:
UNESCO. Available: http://www.icomos.org/unesco/delhi56.html [Accessed May 2007].
Vilnay, Z 1970 Jerusalem — capital of Israel: the Old City (Part A). 5th edn. Jerusalem: Ahiever (Hebrew).
Watzman, H 2007 Archaeology: deep divisions, Nature 447(7140), 22–5.
Notes on contributor
Raphael Greenberg teaches archaeology at Tel Aviv University, focusing on early
urban societies, Jerusalem and its environs, and the signifi cance of archaeology in the
present.
Correspondence to: Raphael Greenberg, Department of Archaeology and Ancient
Near Eastern Cultures, Tel Aviv University, PO Box 39040, Tel Aviv, Israel. Email:
grafi @post.tau.ac.il
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The Hashemite Restorations of the Holy Places in Jerusalem
Hashemite Restorations of the Islamic Holy Places in Jerusalem
The Hashemite clan ruled over parts of the Hijaz region of Arabia from 967 CE to 1925 CE in
unbroken succession. Moreover, the late King Hussein's branch of the Hashemite family ruled the
holy city of Mecca from 1201 CE until 1925 CE. The history of Hashemite leadership in the Arab
and Islamic world finds Jordan's current monarch, King Abdullah bin Al-Hussein, at the head of a
family which represents over a thousand years of rule in the region, and with a long history as
guardian of the Islamic faith and the holy city of al-Quds al-Sharif (or Jerusalem).
In the center of the Old City of Arab East
Jerusalem sits a sprawling compound
known as al-Haram al-Sharif (The Noble
Sanctuary). The compound, which contains
two mosques, many shrines and public
fountains, as well as the tombs of Muslim
saints, is so holy and dear to Muslims that
in the advent of Islam the faithful turned
towards Jerusalem, and not, as they later
did and continue to do so today, towards
Mecca. Al-Haram al-Sharif is described as
the first qibla (direction to which Muslims
turn in prayer), and the third holiest shrine
after Mecca and Medina.
At the visual center of the area lies the golden Dome of the Rock which was completed in 691 CE
by Caliph 'Abd al-Malik ibn Marwan. The Dome of the Rock was built to commemorate the
Prophet Muhammad's famous night journey (al-lsra' waal mi'raJ). In the year 620 CE he was
transported from Mecca to Jerusalem in a mystical flight, and from the rock around which the
shrine was later built, he ascended to heaven. Today Muslims celebrate this annually during allsra'
waal mi'raj, which this year will be on November 16th.
The second mosque in al-Haram al-Sharif, at the end of a walkway connecting it to the Dome of
the Rock, is al-Aqsa Mosque, or "The Farthest Mosque." It is so named in reference to the
Qur'anic verse citing Jerusalem as "The far distant place of worship." AI-Aqsa Mosque was
completed in the year 715 CE, and is distinguished by its silver dome, slightly lower in height than
the Dome of the Rock.
► The First Hashemite Restoration, 1922-1924
Zionist claims to al-Quds (Jerusalem) at the beginning of the 20th century proved a threat to the
city, which is sacred to all members of the three great monotheistic religions. Al-Haram al-Sharif,
the primary symbol of the Arab presence in and right to Jerusalem, became a symbolic rallying
point of Arab unity. In 1922, a non-governmental Islamic organization, the Islamic Higher Council
(IHC) was established to preserve Islamic ideals and sanctuaries alike. The IHC was the
institution which took responsibility for raising capital to restore the Dome of the Rock. In harmony
with his religious responsibility, Sharif Hussein contributed generously to the restoration and took
personal interest in its administration. This first Hashemite restoration was completed in 1924.
Sharif Hussein's tomb is located in the southern corridors of the mosque.
► The Contributions of King Abdullah
www.kinghussein.gov.jo/islam_restoration.html 1/3
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The Hashemite Restorations of the Holy Places in Jerusalem
Sharif Hussein's son Abdullah, the first ruler and king of Transjordan, took up the responsibilities
of his father. During the 1948 war, al-Haram al-Sharif suffered considerable damage. It was King
Abdullah who sounded the call for the restoration of Zakaria's mihrab, as well as the
reconstruction of the surrounding buildings which had suffered structural damage. In 1949, King
Abdullah personally helped to extinguish a fire which almost destroyed the Church of the Holy
Sepulchre, located next to al-Haram al-Sharif. He held the role of guardian throughout his reign,
maintaining and repairing the holy sites of Jerusalem from the 1920s until the time of his
martyrdom in al-Aqsa Mosque during Friday prayers on June 20, 1951.
► The Second Hashemite Restoration, 1952-1964
On May 8, 1952, six days after the coronation of the young King Hussein, the Jordanian
government again took action towards restoring the Dome of the Rock. The 1920s restoration, a
replacement of the outer wooden dome with an aluminum, gold-coated dome, was unsuccessful
in stopping water leakage into the interior. The dome was also losing its exterior golden luster.
The new king made the maintenance of this symbol of Islamic pride among his primary
responsibilities.
In 1959, the second restoration commenced, funded by Jordan (JD 60,000) with some support
from other Islamic countries (JD 86,000). The second restoration was completed on August 6,
1964.
► The Emergency Restoration, 1969
Salah Eddin's minbar, in al-Aqsa Mosque suffered great damage when it was set on fire on
August 21, 1969, by an Australian Jew, Dennis Rohan. The restoration of this minbar (a stepped
platform for preaching brought from Aleppo to Jerusalem by the legendary Muslim leader Salah
Eddin, who liberated the city from the Crusaders in 1187 CE) cost the Jordanian treasury JD 6
million (US$ 9 million). Fortunately, the restoration team was able to salvage the original minbar
and eradicate 95% of the damage.
Abdullah bin al-Hussein
(translated from Arabic)
Amman on: 11 Thul Hijja 1364
Corresponding to: 16 November 1945
Presidency of the Arab League - Cairo
The best way to save Palestine and maintain it as an Arab country or
to save the remaining part of Palestine is through concentration of
efforts on the following:
First: Strengthening of the Palestine Nation's Fund and making it
capable of maintaining the lands of the Arabs in the hands of Arabs
through buying the land put for sale for urgent conditions and through
restoration of lands in need for so.
Second: Taking the necessary arrangements for the entry of Arab
immigrants into Palestine on a monthly basis and in numbers equal to
the Jewish immigrants, and not to rely on the possibility of persuading
the Western democracies; particularly after the recent resolutions.
This is an urgent action. The Arab nation is wailing the urgent
magnanimity of the Arab States and there is no time to waste,
otherwise the Jews will be able to buy new lands and push new
immigrants to Palestine.
www.kinghussein.gov.jo/islam_restoration.html 2/3
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The Hashemite Restorations of the Holy Places in Jerusalem
This, in my point of view, is the effective step, and after that there is
no harm in having the publicity offices and political expectations.
CC: Transjordan's representative in Cairo.
► The Third Hashemite Restoration, 1992-1994
By the late 1980s, the dome was again beginning to dull in brightness, and damage resulting from
regional violence could be seen in both the interior and exterior. King Hussein again initiated
actions towards preserving the holy sites. Under his instruction, Jordan's Ministry of Awqaf
commissioned the Irish construction firm Mivan for the unprecedented job of guilding the dome
with 5000 glittering new gold plates, as well as rebuilding the roof supports, repairing the basic
structure of the building and fireproofing the compound. Special attention was also paid to the
restoration of the Salah Eddin's minbar and to the selection of the materials, which most closely
resembled those innitially used. The late King Hussein spent more than US$ 8 million of his
personal wealth to finance the project, which was widely acclaimed as one of the most ambitious
religious restoration jobs in history.
BACK TO ISLAM AND THE HASHEMITES •
www.kinghussein.gov.jo/islam_restoration.html
The Hashem ites J HOME
3/3
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Soldier Gets Life Term In Dome of Rock Death - The New York Times
https://www.nytimes.com/1983/04/08/world/soldier-gets-life-term-in-dome-of-rock-death.html 1/2
https://www.nytimes.com/1983/04/08/world/soldier-gets-life-term-indome-
of-rock-death.html
Special to the New York Times
April 8, 1983
See the article in its original context from
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Soldier Gets Life Term In Dome of Rock Death
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https://www.nytimes.com/1983/04/08/world/soldier-gets-life-term-in-dome-of-rock-death.html 2/2
Occasionally the digitization process introduces transcription errors or other problems; we are
continuing to work to improve these archived versions.
Alan Harry Goodman, the Israeli Army recruit who shot his way into a mosque on the
Temple Mount in Jerusalem last April 11 and started an Arab riot, was sentenced to life
imprisonment plus 40 years today for the murder of a Moslem guard and the attempted
murder of four others.
A panel of three judges rejected the defense plea that Mr. Goodman, 38 years old, was not
responsible for his action because he suffered from paranoid schizophrenia.
Two Arabs were killed and 11 were injured before Mr. Goodman was subdued at the
shrine, the Dome of the Rock. The spot is sacred to Jews as well as to Moslems.
Mr. Goodman, born in Baltimore, became an Israeli citizen in 1981. The ruling said he
began to desire vengeance against Arabs in 1979 after terrorists hijacked a bus with
family picnickers and murdered the occupants.
A version of this article appears in print on , Section A, Page 12 of the National edition with the headline: Soldier Gets Life Term In Dome of
Rock Death
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Israel releases Baltimorean who killed at mosque Goodman received life term in attack at Jerusalem shrine; Returning to M…
https://www.baltimoresun.com/news/bs-xpm-1997-10-27-1997300005-story.html
NEWS
Israel releases Baltimorean who killed at mosque Goodman
received life term in attack at Jerusalem shrine; Returning to
Md., mother after 15 1/2 years in prison
By Ann LoLordo
Baltimore Sun • Oct 27, 1997 at 12:00 am
JERUSALEM — JERUSALEM -- After serving 15 1/2 years of a life sentence for a terrorist
attack on a Muslim holy shrine, Baltimore-born Alan H. Goodman was released from an
Israeli prison last night under an agreement that enabled the convicted killer to return to
Maryland, prison officials said.
Goodman, 53, was scheduled to leave Israel on a flight bound for the United States and a
reunion with his mother, Fannie, in Baltimore.
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Israel releases Baltimorean who killed at mosque Goodman received life term in attack at Jerusalem shrine; Returning to M…
https://www.baltimoresun.com/news/bs-xpm-1997-10-27-1997300005-story.html
Goodman was convicted on murder and assault with intent to murder charges in an April 11,
1982, shooting in the courtyard of the Al Aqsa mosque on the sacred Temple Mount in
Jerusalem, the third-holiest shrine in Islam.
The area is considered the holiest place in Judaism as the site of the Western Wall and the
ancient temples of Solomon and Herod.
Wearing an Israeli army uniform and firing an M-16 automatic rifle issued during basic
training begun weeks earlier, he killed a Muslim and wounded four others.
Indictment papers said he intended to capture and "liberate" the walled enclave from Muslim
control.
Since the 1967 Middle East war, in which Israel captured Arab East Jerusalem and its holy
sites from Jordan, Muslims have prayed on the Temple Mount while Jews have worshiped
below at the Western Wall.
Jews can enter the walled compound but are barred from praying there.
The shooting provoked rioting by Muslims, who attacked Israeli police on the Temple Mount.
When the trouble subsided, two Muslims were dead -- one killed by Goodman, the other by a
police bullet -- and 11 injured.
'An eye for an eye'
At the time of sentencing, Goodman referred to his crime as "an eye for an eye" and shouted,
"Long live the Jews."
In an interview last week with the Israeli daily Yediot Ahronot, Goodman expressed no regret
about his crime. Wearing the yarmulke of a religious Jew, his beard graying, the stocky
Goodman told the newspaper that the attack on the Temple Mount was "politically correct."
"It's just a pity that life is too short to implement everything you want to do," he said.
The Israeli parole board decided Oct. 14 to release him early on condition that he spend the
next eight years outside Israel, prison officials said.
Life terms in Israel generally are shortened to 24 years; Goodman has served about twothirds
of that.
A job and quiet life
Upon his return to Baltimore, Goodman said, he wants to live a quiet life and find a job.
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"I'm happy I'm going away from here. I'm only sorry it's happening now," Goodman told the
newspaper.
Goodman moved to Israel after 1978 but retained U.S. citizenship. Afterward, he returned to
Baltimore briefly, staying at a rooming house on Franklin Street.
The attack on the Temple Mount occurred after Goodman had spent time in several
kibbutzim, a Jerusalem school and a yeshiva, or religious school.
He received notice to report for duty in the Israeli Defense Force in the weeks before the
shooting.
After his arrest, police found literature from the militant Jewish Defense League and the
outlawed Jewish extremist group Kach in Goodman's room.
During his trial in April 1983, Goodman's mental health was at issue. His lawyers said
Goodman was a paranoid schizophrenic, according to news reports at the time. A three-judge
panel declared that he was legally sane, but that he showed signs of "borderline personality
disorder," then announced the verdict.
After sentencing, Goodman called his conviction "a stamp of approval for all the murders of
Jews by Arabs."
Profile
May 22, 1944: Alan Goodman born in Baltimore.
1962: Earned his high school degree from City College.
1976: Started making regular trips to Israel. He applied for residency in 1977.
April 11, 1982: Fatally shot a Muslim and wounded four others in the courtyard of a
Jerusalem mosque.
April 7, 1983: Sentenced to serve a life term by an Israeli court.
Oct. 26, 1997: Released from an Israeli prison.
Pub Date: 10/27/97
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Israel's Chief Rabbi - ''Blow Up The Dome of the Rock'' - MER FlashBack
www.middleeast.org/archives/1999_01_05.htm 1/2
January 1999
Return to this month's Index
Go To Complete Index
"BLOW UP THE DOME OF THE ROCK!" -
ISRAEL'S CHIEF RABBI'S PLEA IN 1967
MER - Washington - 1 January 1998:
For those terribly concerned about what likely lies ahead -- and we all
should be -- it's also very important to remember just how we got to
today's predicaments. This shocking historical revelation a few days ago
from Israel's leading newspaper, Haaretz, and the AP: JERUSALEM
(AP) by Hilary Appelman (31 December 1997) - Hours afterIsraeli
soldiers captured Jerusalem's Old City in 1967, the army's chief rabbi
urged that the gold-topped Dome of the Rock mosque be blown up,
according to a newspaper report Wednesday.
The landmark mosque is atop the Temple Mount - last remnant of
theancient Jewish temples and a flash point for conflicts between Jews
and Muslims. Arabs have long been suspicious that Jews want to destroy
the mosque, a move that would inflame the Muslim world.
Rabbi Shlomo Goren's remarks were quoted in an interview that
retiredMaj. Gen. Uzi Narkiss gave to the Haaretz newspaper in May.
Narkiss stipulated that nothing be published until everyone involved in
the discussion had died, Haaretz said.
Narkiss, who led Israel's capture of Jerusalem's Old City, died Dec. 17.
Goren died in 1994.
According to Haaretz, Goren made his remarks a few hours after
theTemple Mount - known to Muslims as Haram al-Sharif, or "Noble
Sanctuary," fell into Israel's hands on June 7, 1967.
"The paratroopers wandered around the plaza as if in a dream,"
Narkisswas quoted as saying. "Rabbi Shlomo Goren was among them. I
was alone for a moment, lost in thought, when Rabbi Goren approached
me. 'Uzi,' Rabbi Goren said to me. 'Now is the time to put 100 kilograms
of explosives into the Mosque of Omar so that we may rid ourselves of it
once and for all.'
"I said to him, 'Rabbi, enough.'
"He said, 'Uzi, you will go down in history if you do this.'
"I answered, 'My name will already be written in the history books
ofJerusalem.'
"But Goren persisted. 'You don't grasp what tremendous significance this
would have. This is an opportunity that can be taken advantage of now,
at this moment. Tomorrow it will be too late.'
"I said 'Rabbi, if you don't stop, I'll take you to jail.'
"Thus the discussion, which only lasted a few minutes, came to an
end.Rabbi Goren turned and walked away in silence."
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Goren's former aide, Rabbi Menahem Hacohen, told Israel's Army radio
on Wednesday that he was present for the discussion but it did not take
place as recounted.
"The rabbi told Uzi that if, during the course of the war a bomb had fallen
on the mosque and it would have - you know - disappeared - that would
have been a good thing. Uzi said, 'I am glad that did not happen,'"
Hacohen said.
Hacohen said Goren "did not suggest using explosives, and Uzi never
told him not to do it. That was the whole conversation."
The radio also played a tape of a speech Goren made in 1967 to a
military convention, in which Goren called it a "tragedy" that Israel had
left the Temple Mount in control of the Muslims.
On the tape, Goren says:
"I told this to the defense minister (Moshe Dayan) and he said,
'Iunderstand what you are saying, but do you really think we should have
blown up the mosque?' and I said, 'Certainly we should have blown it up.'
"It is a tragedy for generations that we did not do so. ... I myself would
have gone up there and wiped it off the ground completely so that there
was no trace that there was ever a Mosque of Omar there."
The Temple Mount compound, site of the Dome of the Rock and Al
Aqsamosques, is Islam's third-holiest site. Two Israelis were detained
last week for allegedly plotting to throw a pig's head into the compound.
For latest MER Update Click Here to Listen or call 202 333-5000, 7097500#.
Copyright © Mid-East Realities & The Committee On The Middle East.
All rights reserved. POBox 18367 - Washington, DC 20036 . [email protected]
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Forcing the End | The New Yorker
https://www.newyorker.com/magazine/1998/07/20/forcing-the-end
Letter from Jerusalem July 20, 1998 Issue
Forcing the End
Why do a Pentecostal cattle breeder from Mississippi and an Orthodox rabbi from Jerusalem believe
that a red heifer can change the world?
By Lawrence Wright
July 12, 1998
Save this story
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I
Only the ashes of a red heifer—which has not been seen in Israel for almost two thousand years—can purify
Jews so that they can rebuild the Temple. Illustration by Josh Gosield
n the spring of 1989, a Pentecostal preacher named Clyde Lott was
thumbing through the Bible, looking up all the references to cows. This
wasn’t so odd, given that Lott is one of the leading cattle breeders in the
Southeast. At the time, he specialized in raising show cattle for youngsters
involved in 4-H clubs and the Future Farmers of America. His office, in
Canton, Mississippi, contains many ribbons, plaques, and trophies, including
awards for two national championships in judging and showmanship. As it
happens, the Old Testament is full of references to cows and cattle; it is, after
all, a history of an agricultural people. When Lott turned to Numbers 19, he
read one of the many conversations that God had with Moses and his brother
Aaron as they led the Jews through the desert toward the Promised Land.
“Speak unto the children of Israel,” the Lord commanded, “that they bring thee
a red heifer without spot, wherein is no blemish, and upon which never came a
yoke.” The cow will be given to a priest to slay, the Lord continued, and burned
on a pyre of cedar, hyssop, and a strand of scarlet thread. Then the ashes of the
heifer will be mixed with water and used to purify those who have been
exposed to death. Anyone who fails to be puried “shall be cut off from among
the congregation, because he hath deled the sanctuary of the Lord.”
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This is one of the most mysterious injunctions in the Bible. Even King
Solomon, who was said to understand the meaning of all things, could not
explain the reason for the red heifer. Clyde Lott didn’t understand it, either. He
also wondered where the children of Israel could have obtained a red cow. From
his own reading, he had concluded that the Old Testament herd was descended
from the cattle that Jacob, the son of Isaac, had received in wages from his
uncle Laban. Those animals—as described in the King James Bible—were
speckled, spotted, and brown. “Your speckled and spotted cattle basically are
recognized as a purebred cow, like a holstein,” Lott says. So where did the
spotless red heifer come from? Genetically, it didn’t add up. And yet the Lord
had specied that this was the only way for the Israelites to cleanse themselves
and participate in the worship of God. “I didn’t realize then that God always
sent to Israel, at the time she needed it, the man with the red heifer.”
Lott, who is forty-two, is a soft-spoken Southern gentleman, squarely built,
with a full, eshy face and curly brown hair that is beginning to gray. Although
he is ordained in the ministry of the National Pentecostal Assemblies of Jesus
Christ, he does not pastor his own church. “I would t more in the category of
evangelist—going on the road and preaching or teaching,” he says. Like all
fundamentalist Christians, Lott believes that the Messiah will come again. His
view of the End Time is that Jesus’ return will usher in a thousand years of
peace and harmony. Before that, however, there will be seven years of
tribulation: the Antichrist will appear, and the forces of good and evil will wage
a cataclysmic struggle, culminating in Jesus’ defeat of the false Messiah. Many
Evangelicals believe that Jews and other non-Christians will suffer for
accepting the Antichrist as their messiah—that most of them will perish in the
coming struggle, but those who survive will nally acknowledge Christ as their
savior. True Christians will be spared these catastrophes, because they will have
been raptured—snatched directly into Heaven—before the troubles begin.
They will return to act as priests during Christ’s millennial reign. At the end of
that time, Satan will rally the forces of evil for a nal confrontation with Jesus
and the saints of the Church at the battle of Armageddon. The satanic
warriors, led by a prince named Gog, will come from the north, from a land
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called Magog (which Lott believes could be a satellite republic of the former
Soviet Union); God will destroy them, however. The dead will rise for their day
of judgment, and a New Jerusalem will descend from the sky. Once again, God
will dwell among his people.
A longing for the rapture and the return of Jesus on Earth is at the core of
Evangelicalism. The fact that we are coincidentally approaching a millennial
milestone in the human calendar certainly adds to this yearning and to the
sense of anticipation felt by believers of all faiths. Most fundamentalists assume
that we are living on the edge of human history in any case, and that modern
events in the Middle East are fulllments of prophecies made some two
thousand years ago by Jeremiah, Ezekiel, Isaiah, and John, among others. These
prophecies require three great events before the Messiah can return: the nation
of Israel must be restored; Jerusalem must be a Jewish city; and the Temple, the
center of worship and sacrice in the ancient Jewish world, which was last
destroyed by the Romans in 70 A.D., must be rebuilt. Two of these conditions
have been met in the last fty years.
As Lott read the Bible that day, he realized that the Second Coming and the
fate of humankind now depended on the red heifer. In order for the Jews to
rebuild the Temple and prepare the way for the return of the Messiah they
must be puried with the ashes of a red heifer.
A qualied red heifer has not been found in Israel in almost two thousand
years. And yet red cattle are not really so unusual in the United States. A breed
known as the Red Angus is as red as an Irish setter. It occurred to Lott that
God, who he believed had directed the evangelist’s own success in the
showring, was now guiding his hand in a much larger matter. Where was the
red heifer to come from? “That was the question we couldn’t answer,” says Lott,
who sometimes uses the rst-person plural when referring to himself. “It
plagued us day in and day out for months.” Finally, in the latter part of the
summer of 1990, as he was baling hay, a piece of equipment broke, and he
started to drive into town to get a spare part. But then he found himself driving
to Jackson, the state capital, and walking into the office of Roy D. Manning,
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the director of international trade for the Mississippi Department of
Agriculture and Commerce. “I will never forget as long as I live walking into
Mr. Manning’s office that day and just the cold shock on his face of seeing
someone coming out of the hayeld—bluejeans, tennis shoes, baseball cap,
dirty and smelly—and walking into his office unannounced and saying, ‘I have
read the Bible and the Bible says Israel has to have a red heifer,’ ” Lott said later
in one of many testimonials to Evangelical congregations in the South. “For
some reason, he didn’t kick me out of his office.” Instead, Manning wrote a
letter to an attaché at the American Embassy in Athens who was in charge of
agricultural exports to the Middle East. “We have been approached by a
producer and seller of cattle from the state of Mississippi and I am quoting him
in the following,” Manning wrote, and the letter went on:
Red Angus cattle suitable for Old Testament Biblical sacrices, will have no blemish or off
color hair, genetically red will reproduce red, eye, nose pigmentation will be dark, heifers at a
year old will weigh approximately 600 to 700 pounds. These cattle will adapt quickly to
Middle Eastern climate, also excellent beef quality.
Manning’s letter was bounced to a State Department official, who rerouted it to
the American Embassy in Tel Aviv, where it was forwarded to the Israeli
Ministry of Religious Affairs. Someone there eventually thought to send it to
the Temple Institute, a private organization of religious Jews in Jerusalem who
suspect—like Lott—that the End Time may be near and are dedicated to
rebuilding the Temple. The letter arrived on the desk of Rabbi Chaim
Richman, ninety days after Manning posted it.
The Temple Institute operates a small museum in the Jewish Quarter of the
Old City. A visitor steps down into a basement room that houses the collection
and a bookstore; one of the books on display is “The Mystery of the Red
Heifer: Divine Promise of Purity,” by Rabbi Richman. Also on display is a scale
model of the sacricial altar and replicas of the decanters and lavers used in the
Temple service. The axen robes of the priests have been carefully reproduced,
along with the trumpets, harps, and lyres that the Levites are said to have
played in the courtyard of the Temple. “You woke up in the morning to the
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sound of music from the Temple. You went to bed to the sound of music from
the Temple,” a guide tells visitors. “Any beautiful building you ever saw cannot
compare with the beauty of the Temple.”
The goal of the institute is not only to restore the Temple itself but to reinstate
the priestly castes, clerical rule, and animal sacrice that characterized the
nation of Israel at the dawn of the Iron Age. To secular Israelis, this sounds like
a Jewish version of the Taliban. And yet the construction of a third Temple is
essential to the view that many Orthodox Jews have of salvation and the
coming of the Messiah. Without the Temple, there is no way to fulll many of
the religious obligations, such as ritual sacrices, that the Torah requires. In
Orthodox theology, that means that all Jews are stuck in a state of impurity,
and are therefore unable to be in the presence of God. When a glass is broken
at a Jewish wedding, it is done in memory of the destruction of the Temple.
“The Holy Temple in Judaism is so important and primary that it can really be
said that Judaism as it is practiced today is not the vehicle that God intended it
to be,” Richman says. “The Prophets of Israel emphasize the fact that the
Temple is really much more than just a synagogue. . . . The Temple is actually
the device through which God manifests His presence to mankind.”
Naturally, the name Lott caught the attention of the rabbis at the institute—
and not just because another Lott from Mississippi happens to be the United
States Senate Majority Leader. Genesis recounts the story of Abraham’s
nephew Lot, whose wife became a pillar of salt when she disobeyed the Lord
and turned to look back on Sodom as it was being destroyed. “Rabbi Richman
told me that Lot was a Gentile and he was a very, very good cattle breeder,”
Clyde Lott has said. The rabbis thought that the coincidence was a good sign.
After an excited exchange of letters and telephone calls between Jerusalem and
Canton, Lott went to Jerusalem to meet with the rabbis. “I really didn’t know
what to expect,” he told me. “I came out of a religious background that taught
that Jewish people were ignorant and lost, and this kind of thing.” He was
dazzled by the Temple artifacts that the members of the institute had
reconstructed. “You can just imagine, having read all your adult life about the
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Temple and the Tabernacle and the vessels, and seeing them rsthand—that
was amazing to me. It was a life-changing experience.”
Lott tried to explain his own beliefs to his hosts. “We talked about Jesus and
the Holy Spirit, and speaking in tongues. They knew where we were coming
from.” The rabbis were impressed by Lott’s sincerity. “This is a person without
guile,” Richman, who was born in America and immigrated to Israel in1982,
concluded. Richman took Lott on a tour of the Western Wall and the Temple
Mount. Over the next several days, he gave the Pentecostal evangelist an
education in the Jewish oral tradition and the voluminous commentaries on the
enigmatic commandment of the red heifer. Jewish law, which is called Halakah,
maintains that all Jews today are impure because of their direct or indirect
contact with the dead. For that reason, observant Jews may not go to parts of
the Temple Mount, lest they step on the Holy of Holies, the spot where the
Ark of the Covenant holding the fragments of the stone tablets containing the
Ten Commandments resided until it was supposedly lost during the
Babylonians’ destruction of the First Temple, in 586 B.C. According to the
rabbis, the only way that Jews could become pure again was by being sprinkled
with the ashes of a red heifer that has been mixed with water traditionally
drawn from the pool of Siloam. According to the Mishnah, the written version
of the oral tradition, the ceremony of the red heifer sacrice has only been
performed nine times in the history of the Jewish people. When the tenth
heifer appears, the Messiah will nally come.
The rabbis, for their part, learned something about cattle. Lott interpreted the
reference, in Numbers 19, to a cow without spot or blemish to mean a goodmilking,
sweetly disposed, handsomely constructed animal—“basically, a
twenty-rst-century, high-tech cow.” Lott could see for himself that the entire
Israeli ranching industry was depressed and behind the times. It occurred to
him that with modern breeding techniques and champion Red Angus stock he
could produce not just one red heifer but an entire herd.
As Lott likes to tell Evangelical audiences, one of the rabbis wanted to know
how many red cows it would take to produce, in Israel, the kind of heifer
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described by Numbers 19.
“Approximately two hundred cows,” Lott said.
“How much per cow?”
“Of this extremely high quality, about two thousand dollars a head.”
When Richman translated the gure into Hebrew, it caused a heated response
among the other rabbis. Lott asked what was wrong.
“Twenty thousand a head is a lot of money,” Richman said.
“We didn’t say twenty thousand, we said two thousand,” Lott replied. “We’re
not trying to take advantage of you as you seek to turn back to God.”
This response brought expressions of amazement to the faces of the rabbis.
Richman explained to Lott that in the time of the Second Temple a jewel from
the breastplate of the high priest had fallen off. A delegation of priests
journeyed to the town of Ashkelon, to the house of a well-known jeweller
named Dama ben Netina. He agreed to replace the jewel for a hundred shekels,
but he said he could not do it immediately, because the replacement was in a
box that was under the bed where his father was sleeping. The priests thought
this was merely a bargaining ploy and doubled the price. The jeweller again
refused. The priests continued to offer more money, and reached the sum of a
thousand shekels. But when the jeweller remained adamant the delegation
angrily started off on the road back to the Temple. At last, the jeweller’s father
awakened. Dama ben Netina got the jewel and raced after the delegation,
catching up with it in a grove. When a priest handed him a thousand shekels,
the jeweller would accept only the hundred that he had agreed to. “I am not
trying to take advantage of you as you are seeking to turn to God,” he said.
When Lott heard this story, he was deeply moved. “It was word for word the
same thing we said twenty-ve hundred years later,” he later recalled. “Right
there in that grove, they prayed a blessing over Dama ben Netina, a Gentile,
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and the blessing was that out of your Gentile lineage, one day when Israel
needs it, will come the producer of the red heifer.”
In the fall of 1994, Richman went to Mississippi to examine four freshly
washed and groomed heifers that Lott had produced for his inspection. The
Talmud states that even two hairs that are not red would be enough to
disqualify a candidate. One of the cows immediately caught Richman’s eye. “He
didn’t even look at the three others,” Lott recalls. “He walked into that pen with
that heifer tied to the back of that stall, and he just stopped for a few minutes
to appraise her from one end to the other. Then he walked right up to that
heifer within a matter of inches, and he looked down at her, then he went back
four or ve feet and just stared at her.” Finally, Richman placed his hand on the
animal, which Lott’s daughter, who was then six, had named Dixie. “This is the
heifer that will change the world,” Richman said.
n June 7, 1967, Israeli paratroopers dashed down the Via Dolorosa in the
Old City of Jerusalem. It was the third day of the Six-Day War.
Jerusalem had been until then a divided city, with Jordan in control of the
eastern half, including the Old City, and Israel in control of the western half.
This had been the status quo for nearly twenty years. The 55th Parachute
Brigade was about to change that.
And yet there was a strange ambivalence on the part of many Israelis regarding
the taking of the Old City. Moshe Dayan, the Defense Minister, had ordered
General Uzi Narkiss to surround the Old City but not to enter it. Dayan was
worried not only about heavy casualties but also about the political
consequences of seizing the Temple Mount. The rest of the Israeli Cabinet
overruled him, however, and ordered the retaking of the Old City.
The day before the nal battle, Israeli troops captured Mt. Scopus, the highest
point in the city. Dayan rode to the summit and lunched there with General
Narkiss. Dayan, who wore a black eye patch that covered a wound he’d received
ghting against the Vichy French in Syria, personied Israeli military bravado.
Before him were the honey-colored limestone walls of the Old City. “What a
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divine view!” Dayan, an avowedly secular man, declared. All around him, he
could see the hills of Golgotha, the Mount of Olives, Mt. Zion—names that
ring with meaning to believers of all three of the great monotheistic religions.
And in the middle of a bowl formed by limestone ridges was the smaller
elevation of Mt. Moriah, which Jews and Christians call the Temple Mount,
and which Muslims call Haram al-Sharif (the Noble Sanctuary). It was here
that King Solomon built the First Temple, nearly a thousand years before the
birth of Jesus. After it was destroyed by Nebuchadrezzar, the Second Temple
was built, and was later expanded by King Herod into one of the greatest
monuments of the ancient world. The Romans destroyed it during their
sacking of Jerusalem. As Dayan looked down on the Temple Mount he realized
that the following morning it would be back in Jewish hands for the rst time
in nearly two thousand years.
But what Dayan also saw below him was a colossal political problem. The
sacred precinct was now occupied by two mosques: the venerable Al-Aqsa,
which was built in the eighth century, and the thirteen-hundred-year-old
Dome of the Rock. Its golden dome—the most recognizable symbol of the city
—enshrines the craggy peak of Mt. Moriah, which Jews call the Foundation
Stone and Muslims call es-Sakhra (the Rock). It gures prominently in the
legend of all three religions. It is said to be the rst place God created—the
perch He stood on when He formed the rest of the world. It is also said to be
the spot where Adam was made, and where Cain killed Abel. Jews believe that
it is where Abraham brought his son Isaac to be sacriced. For Muslims, it was
Ishmael—Abraham’s other son, and their ancestor—who was intended to be
sacriced. For Jews, the Mount is the holiest place in the world, the focus of
their prayers, the place where they believe God lived. Muslims believe that this
was the place from which the prophet Muhammad ascended into Heaven on
the back of a winged horse. Jerusalem was the original direction of Muslim
prayers, before Mecca, and is still a destination for pilgrims. They count it as
the third holiest place in Islam, after Mecca and Medina.
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Many conquering armies have entered the Temple grounds. In Jerusalem’s
bloody history, the city has been contested by Assyrians, Babylonians,
Egyptians, Greeks, Romans, Persians, Mongols, Mamluks, Ottomans,
Jordanians, and the British—to name only some of the major invaders and
occupiers. Dayan and his generals were mindful of the shadows they were
casting on history as they broke through the gates of the Haram al-Sharif to
inspect the grounds. They found a typical Arab garden, liberally planted with
trees and owers and surrounded by religious offices and schools—a vivid
contrast to the stony city outside the walls. At the southern end of the
sanctuary, which covers thirty-ve acres, lies the vast and airy Al-Aqsa mosque,
where pigeons y freely in a forest of marble columns. Near the center of the
Haram, rising above the trees like a blue-and-gold crown, is the Dome of the
Rock, the oldest building in Islam and perhaps the most beautiful. Here the
Arab love of mystical geometry and intricate ornament has been given its
greatest expression. The structure, which is eight-sided, may be imagined as
three rectangles encompassing a circle. Hushed, sombre, but almost
overwhelmingly sensual, the chamber imbues one with a sense of religious awe
that few holy places in the world can match. A dozen pillars of marble and
porphyry support the great inner dome. Below it, a wooden balustrade
surrounds the Rock. There is an oblong imprint in the Rock which is said to be
the footprint made by Muhammad when he leaped onto his winged steed, al-
Buraq, and went up into Heaven with the angel Gabriel.
After inspecting the Haram, Dayan descended to the Western Wall, where he
stood with his soldiers, many of whom were openly sobbing. As long as the
Old City had been in Jordanian hands, Jews were not allowed to pray at the
Wall; and now Dayan himself wrote a prayer and stuck it into crevices between
the great stones, as Jews had done for centuries after the destruction of the
Temple. It read, “May peace descend on the whole house of Israel.” As the rst
step in achieving that peace, Dayan ordered the Israeli ag to be taken down
from the Dome.
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The capture of the Old City came at a great price—hundreds of casualties
among the Israeli troops, and many more among the Arabs—but it proved to
be a decisive turning point in relations between Israel and its neighbors. The
political consequences are still being debated, and will be addressed in the Final
Status talks that are yet to begin with the Palestinians, who want to share
Jerusalem as the capital of two countries. Dayan believed that the capture of
the West Bank and the Sinai were useful only insofar as they could be traded
for peace. Jerusalem, however, was a more complicated issue. Within days of the
conquest, an Arab neighborhood was levelled to make a plaza in front of the
Western Wall. Despite this action, Dayan sought to preserve some of the Arab
character of the Old City. Ten days after the capture of the Temple Mount,
Dayan returned to Al-Aqsa and sat on the carpet in his stocking feet with the
Waqf, the charitable trust in charge of managing the Mount. There, on his own
authority, Dayan made a momentous gesture. He told the Waqf directors that,
while all of Jerusalem now belonged to Israel, day-to-day control over the
Haram al-Sharif would remain in their hands. Jews would be allowed to visit
the Mount but forbidden to pray. Since then, the Temple Mount has been an
Islamic island in an increasingly Jewish, and increasingly Orthodox, city—and,
as such, it has become a ashpoint for religious extremists of both faiths.
The taking of Jerusalem had an electrifying effect in another realm, one that
few of Israel’s secular leaders had anticipated. From the moment that footage of
weeping Israeli paratroopers standing at the Western Wall was televised around
the world, millions of Jews and fundamentalist Christians saw the victory as
the divine fulllment of prophecy, one that had been expected since the
establishment of the State of Israel, in 1948. For them, the Jewish possession of
the Temple Mount meant that the clock of the apocalypse had begun to tick.
Gershon Salomon, who as a young officer was partially crippled in 1958 when
an Israeli tank rolled over him during a battle on the Golan Heights, has
become one of the most well-known advocates of removing the mosques in
order to rebuild the Temple right away. He recalls being on the Mount on
liberation day in 1967 and thinking, God brought us back onto the Temple
Mount to say to all the world, “Not only do I continue my relationship with
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Israel, and Jews continue to be my Chosen People, but I now open up to the
fulllment of my End Time plans.” That is why Dayan’s order to strike the
Israeli ag from the Dome of the Rock came as a stunning betrayal. “I cried
tears of pain and sorrow and sadness,” recalls Salomon, who thereupon founded
the Temple Mount and Land of Israel Faithful Movement, which is based in
Jerusalem and boasts a worldwide membership of more than fteen thousand.
“I decided I had to start a godly campaign for the reliberation of the Temple
Mount. I would give the rest of my life to correct that sinful, terrible mistake
and act which was done by Moshe Dayan.”
Forces had been let loose in the religious world that would prove difficult to
contain. Galvanized by the Israeli victory, Jewish immigrants ooded into
Israel. This inux seemed to be another sign that the Messiah was soon to
come, since the “ingathering” of Jews in the Land of Israel was a precondition
of redemption, according to the Scripture. New voices of prophecy drew
thousands of Jews, even those who had been quite secular, into messianic cults
of the ultra-Orthodox.
The Six-Day War spurred a rise of fundamentalism in the Arab world as well.
Radical Islam had a ready explanation for its sudden, crushing defeat: the moral
decay of modern, secular Arab society. The confusion and despair caused by the
loss of Jerusalem fuelled a new religious extremism, and Haram al-Sharif
became a symbol of Islamic religious and political aspirations. Yasir Arafat
began to employ images of the Dome almost as if it were the capitol building
of the future Palestinian state.
In 1967, the Knesset passed a law guaranteeing each religion access to its holy
sites, but the law said nothing about the conict posed by sites that are sacred
to more than one religion. The following year the Israeli Supreme Court, in a
ruling that has been upheld several times, decreed that Jews do have the right
to pray on the Mount, leaving the government in the uncomfortable position of
enforcing a ban based only on its need to maintain public order. To this day,
Jews and Christians can go on the Mount as tourists, but if they appear to be
praying they are subject to removal or arrest.
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After the war, the Israeli Minister for Religious Affairs, Zerah Wahrhaftig, said
that the Temple Mount had been the property of Israel ever since King David
purchased the site from Araunah the Jebusite in 1000 B.C., but that Jews
should not take any steps to reclaim it, because only the Messiah could build
the Third Temple. This position was endorsed by many Jews, particularly the
ultra-Orthodox, many of whom even opposed the establishment of the State of
Israel. In their theology, the rebuilding of the nation, the ingathering of Jews
from exile, and the reestablishment of the Temple were all matters for the
Messiah to handle. For humankind to undertake such things amounted to
“forcing the End.” That was the work of Satan.
There were many prominent Jews, however, who believed that they were
already living in the End Time—the recapture of Jerusalem was evidence
enough—and that Jews must now do their part to prepare the way for the
appearance of the Messiah. Soon after the Six-Day War was over, Shlomo
Goren, who later became the Chief Rabbi of Israel, led a group of fty
followers onto the Mount, where they fought off Muslim guards and Israeli
police and conducted a prayer service. A week later, the Chief Rabbinate
ordered that signs be placed in front of the gates saying that no Jews should set
foot on the Temple Mount. The reasoning was that, because Jews are ritually
impure, they might accidentally step on the place where the Holy of Holies
once stood. Such a desecration is punishable by death at the hand of God. This
was supposed to put the Temple Mount theologically off limits—at least, until
the advent of the red heifer.
Despite this proscription, there have been several serious attempts to blow up
the Muslim holy places. Both Israeli and Islamic authorities are so concerned
about the intentions of Gershon Salomon and other Temple fanatics that every
confrontation has the potential to rage out of control. In 1990, Salomon led a
group of his followers to the Mount in order to lay a “cornerstone” for the
Third Temple. As many as ve thousand Muslims, many of them
schoolchildren, gathered to defend the site. The Israeli authorities, which had
failed to reinforce a police garrison on the Mount, dispatched paramilitary
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border guards to control the situation. An armed assault by the guards left at
least seventeen Muslims dead and hundreds wounded. In September, 1996, the
government of the Prime Minister, Benjamin Netanyahu, authorized the
opening of a tunnel that runs beside the Mount, so that tourists could view the
monumental Herodian walls at the base. Ensuing riots by Muslims and a
forceful response by Israeli troops left eighty people dead. The toll from these
incidents and others is just one measure of the cost of fundamentalism in a
region that increasingly nds itself drawn and quartered by religious extremists.
The mystical concept of sacred space that shrouds the Temple Mount—and,
beyond that, Jerusalem and Israel itself—has for centuries served as an
impenetrable barrier to peace.
Nadav Shragai, a reporter for the Israeli newspaper Ha’aretz and the author of
a 1995 book, “The Temple Mount Conict,” estimates that there are about a
thousand active supporters of the most radical Temple Mount movements. No
doubt they are heavily inltrated by Israeli intelligence, which has long worried
that a successful strike at the mosques would spark a holy war. These activists
are a feature of a larger upheaval in Israeli society, caused by a stunning rise of
religious conservatism and a muscular political involvement of religious Jews in
Israeli politics. “Jewish fundamentalism of the nationalist branch is mostly the
product of the Six-Day War,” Emmanuel Sivan, a professor of Islamic Studies
at Hebrew University, says. “The fact is that until ’67 the national religious
camp was a very moderate Zionist movement. It has turned extremist because
of this apocalyptic vision.”
mong Christians, there was a similar burst of fundamentalist fervor
following the Six-Day War, and unexpected alliances were made between
Evangelical Christians and Jews. Many Americans (forty-six per cent,
according to one poll) believe that the establishment of the nation of Israel is
the fulllment of prophecy, and this accounts in part for the unshakable
support that Israel has received from the Christian right. “I know people who
fell on their knees and cried out to God when they heard that Jerusalem was
back in Jewish hands,” says David Parsons, who is an attorney with the
International Christian Embassy, in Jerusalem. “It forced Christians to rethink
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their views toward Israel, toward Jerusalem, toward prophecy.” The “embassy” is
actually an organization that promotes Jewish causes and raises money for such
things as helping Jews immigrate to Israel. Christians have also helped to fund
some of the radical Temple activists, including Gershon Salomon.
In Christian theology, the holiness of the Temple was supposed to have been
replaced by the divinity of Christ. Jesus directly challenged Temple life by
overthrowing the money changers’ tables and driving out the venders of
sacricial animals. In doing so, he committed an offense against the status quo
that may have led to his crucixion. Many Christians believe that the Jews
killed Christ, and that God then allowed the Temple to be destroyed as a
judgment against them.
The motives behind the modern embrace of Israel by the Christian right are
not always clear. In Genesis 15:18, God gives the land of Israel to the Jews, and
for most fundamentalist Christians that settles the matter. But Jews also play a
tragic role in Evangelical eschatology. When Jews speak of their Messiah,
Evangelicals interpret that to mean the false Messiah, or the Antichrist. It is
the Antichrist, Evangelicals believe, who will occupy the Third Temple. The
Prophet Jeremiah foretold the tribulation, or “time of Jacob’s trouble,” by which
he meant the devastation of Israel. The nation will be nished off in the
apocalyptic meeting between Christ and the Antichrist at Armageddon, which
is also known as Megiddo, an archeological ruin in northern Israel. Those Jews
who survive this catastrophe—only a hundred and forty-four thousand,
according to some interpretations of the Scripture—will nally turn to Jesus as
the true Messiah. Such refrains are frequently heard in Evangelical churches
and on religious television channels, where Temple fever burns.
Most Evangelicals believe that the establishment of the State of Israel and the
capture of Jerusalem have cleared the way for these nal events. “I am one of
those who believe that the next event on God’s calendar is the rapture of the
Church—the coming of Christ to take the Church to itself,” the Reverend
Jerry Falwell, another notable defender of the nation of Israel, says. “I believe
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there will be a seven-year tribulation period. It is during that time that the new
Temple will be built. And I believe that, at the end of the seven years of
tribulation, the battle of Armageddon will transpire and the establishment of
the one-thousand-year reign of Christ on Earth will begin.” However,
Christians, like Jews, disagree among themselves about what role they should
play in this scenario. Falwell does not endorse attempts to force the End. “I am
not one who believes, as some Christian Zionists do, that we are here to help
usher in the Kingdom, build the Temple, bring in the red heifer, et cetera, et
cetera, et cetera,” he says. Although Falwell maintains that “God is under no
obligation to rapture the Church today,” he believes that “all the prophecies are
fullled”—including the ability, through Cable News Network, to
communicate instantly throughout the world. “That is all necessary during the
tribulation,” he says. “For example, two witnesses will be slain on the streets of
Jerusalem—some believe Moses and Elijah, but no one knows—and the
Scripture says that every eye shall behold. And three days later they shall rise
from the dead, rise up from the streets of Jerusalem. While all the enemies of
these witnesses are rejoicing, in a huge global party, the whole world will watch
as they stand up alive, resurrected from the dead. That couldn’t have happened
when I was a child.” Because of these portents, Falwell believes that the
Antichrist may be alive now. “He will portray himself as Christ and that will
necessitate his being a Jew.”
According to Clyde Lott, the intent of many Evangelical Christians who are
helping Israel today is to speed along the time when they will be raptured into
Heaven, leaving behind a world in chaos and ames. “It’s very sad, but I would
say the interest in the Christian world is to see the Temple rebuilt from the
Antichrist perspective, for the rapture of the Church, and that’s a very selsh
point of view,” Lott says. “The very people that are advocating this are the ones
that are very anti-Semitic in their feelings.” Although Evangelical theology
forecasts the destruction of the Jews in the Last Days, Lott believes that Jews
are God’s Chosen People and that the Bible clearly states that God favors those
who help Israel.
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The Christian right in the United States has proved to be both a powerful
political lobby for Israel and a substantial source of nancial support. Earlier
this year, when Prime Minister Netanyahu came to this country, Jerry Falwell
received him, while the White House did not. Most Israelis understand the
subtext of this alliance, but they are loath to disclaim it. “Basically, we’re a
doormat for them to get to their own eschatological culmination,” Rabbi
Richman says. “It’s a pretty scary thing, because the whole rapture thing that is
popular in some Evangelical circles, which calls for a fulllment of the hard
times for Jacob, is essentially an invitation to genocide.”
Richman and Lott disavow any association with Salomon or with other
extremists who would destroy the mosques. They say they don’t know how the
Temple will be built, or when. Lott sees his own mission as part of a divine
promise God made to Israel (in Isaiah 30:23) that one day its land would be
restored and cattle would graze “in large pastures” there. “In God’s timing, we
know that all Bible prophecy will be fullled, and, if God chooses to use the
Numbers 19 red heifer from that standpoint, that’s up to God,” Lott says. “Our
calling is simply to begin the actual bringing in of the red cow, and at the same
time begin to work, as much as Christian people possibly can, with the Jewish
people for this restoration.”
ichman spent his childhood in Massachusetts, and he knew very little
about the Deep South or Pentecostalism. On Richman’s rst trip to
Mississippi, in 1994, Lott booked the community center in Canton for a town
meeting about the red heifer. Richman was nervous. More than three hundred
people showed up, lling all the available chairs and standing against the back
wall and the sides of the room. Many of them had never seen an Orthodox Jew.
“I look the part,” Richman admits. He wears a curly beard and rose-tinted oval
glasses. Dangling below the hem of his suit jacket are blue zizith—the ritual
fringes that are meant to remind Orthodox Jews of the Lord’s commandments.
One man in the audience pointed to the knitted kipa on Richman’s head and
asked, in apparent seriousness, if he wore it to hide his horns.
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Richman found the audience surprisingly warm and well versed in the Bible,
however, even in obscure passages that had to do with the building of the
Temple. Soon after that, he and Lott began the rst of a series of barnstorming
tours through Evangelical churches, mainly in the Deep South. Lott would
introduce Richman, who would speak about the Temple, and then an offering
would be taken up to support their work. “The services are—shall I say—
interactive,” Richman says. “It’s not like someone gives an address and everyone
sits there like statues. People call out and say ‘Amen.’ Sometimes the preacher
would try to quiet them down, and I’d say, ‘No, let everyone be themselves.’ The
people are a lot warmer and less jaded than people in the North. I found a lot
of openness and interest in what I had to say. I found that we share many of the
same values—the family, and what they call ‘holiness,’ and a mode of worship
that emphasizes joy.”
For Christians, building the Temple is important only in that it raises the
curtain on the apocalypse. Richman explains that the Temple is critical to Jews:
“We have this concept that we have six hundred and thirteen commandments
to fulll, and one-third of those commandments are dependent in some way on
the Temple for their fulllment.” Many of these Temple laws involve the
sacrice of animals. For Jews in the ancient world, animal sacrice was a means
of achieving the purity that was essential in relating to God. A person can be
deled by even indirect contact with death—for instance, through the ground
itself, which harbors the dead. Therefore, no one who walks on the ground is
sufficiently holy to enter the Temple precincts. So the absence of a red heifer
made the rebuilding of the Temple a moot point for Orthodox Jews—and
therefore for Christians as well.
or as long as there have been archeologists, there has been a hunger to
excavate the Mount in order to establish the exact location of the First
Temple, and also to nd some of the treasures it is supposed to harbor. The
subsurface of the Mount is interlaced with tunnels and cisterns and legendary
secret chambers, which may hide the Ark of the Covenant with the tablets of
the Ten Commandments, which have been lost since the destruction of the
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First Temple. (Lott says that Richman told him that these objects were never
actually lost—that they have been stored under the Mount, awaiting the
reconstruction of the Temple.) On several occasions, archeologists and Jewish
religious leaders have conducted unauthorized digs under the Mount, which
have been met with outraged responses on the part of Islamic authorities.
Because no one can say denitively where on the Mount the Temple stood,
most observant Jews have obeyed the rabbinical proscription against going onto
the Mount; however, it is well known that Herod built up the periphery of the
Mount when he enlarged the Temple, and for that reason it is thought by many
Jews to be safe to walk on.
Every Tuesday, just as the Al-Aqsa mosque is emptying of worshippers for the
noon prayers, Rabbi Yosef Elboim arrives at the Maghariba Gate. A small, wiry
man with a white beard and scraggly earlocks, he wears a black frock coat, and
a homburg rides insecurely on the back of his head. As Elboim changes from
his street shoes into a pair of slippers, guards begin to talk nervously on their
walkie-talkies. “Make it quick,” one tells him.
“When I was thirteen, the Six-Day War took place,” Elboim said, as he began
his weekly stroll around the perimeter of the Haram al-Sharif. “I heard on the
radio that the Temple Mount had been captured, and I was very excited. I was
sure that all the government bodies were gathered together with the rabbis,
planning how and when to build the Temple. A year later, I woke up to the
reality of betrayal. I set about trying to nd other people who were interested
and who cared.” The Rabbi walked inside a small cordon of security police.
Some Arab children in school uniform coming out of an Islamic school looked
at him in amazement. There are several groups of Jews who make a point of
defying the rabbinical ban against Jews walking on the Temple Mount, but,
unlike Elboim, they are not ultra-Orthodox, so his presence here is all the more
jarring.
For a while, Elboim continued, he joined forces with Gershon Salomon, but
then he formed his own organization, Tnua Lechinun Hamikdash (Movement
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for Establishment of the Temple). “We started by making holy vessels and
ritual garments worn by the priests, so that we could have all this ready for
when the time comes,” Elboim said. Now his organization has announced a
controversial new project: a home for boys who will become cohanim—
members of the priestly caste who ran the Temple. “During the time of the
Temple, the ashes of the red heifer were kept in containers, so when the priests
saw they were running out of ashes they would use up the old ones and make
some more. But today we don’t have any ‘leftovers.’ So it’s important to take
children, even before they are born, and bring them up in a place where there is
no chance for them to come into contact with the dead.” During the era of the
Second Temple, boy priests were raised in compounds built on solid bedrock,
out of the range of any possible gravesites.
Elboim claims that he has already received offers from four families to donate
their future children to his effort, but he expects to need at least nineteen, in
part so that the boys will have companionship, but also because there are more
than seventy blemishes that can disqualify a boy from becoming a priest. He
says that a Jewish settlement near Jerusalem is willing to build a special
enclosure for the priestly boys so that they will never have to set foot on the
ground. There will be an elevated courtyard where they can play. According to
Ha’aretz, some of the other people involved with Elboim’s plan are former
members of Kach, an outlawed far-right religious party. The boys will not be
permitted to leave the compound until their bar mitzvah, at the age of thirteen,
at which time, according to tradition, they will become adults and are old
enough to slaughter and prepare the ashes of a red heifer. In response to the
suggestions that have appeared in the press that such treatment constitutes
child abuse, Elboim points out that the boys will not be unattended—they will
be able to receive family and visitors, who have undergone purication in a
mikvah, or ritual bath, and put on special clothing, and they will be educated
and allowed to play with computers. Their lives would be no worse than that of
Christian or Buddhist monks, or certain child athletes, Elboim contends. There
would be no point in having a red heifer, Elboim believes, without a priestly
caste to prepare the sacrice.
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In August, 1996, a surprising development occurred: another red calf was
born, this time in Israel, on a farm outside Haifa run by a religious high
school. “I had some doubts about it from the very beginning,” says Rabbi
Shmaria Shore, whose son came running to him with the news of the birth.
“But I saw that she was very red, and I couldn’t see hairs of any other color, so I
ended up contacting some rabbinical authorities, and some people from
Jerusalem eventually came.” The rabbis examined the calf, which Shore had
named Tslil, a name that means a musical note, but which he translated as
Melody.
To Shore’s amazement, the rabbis pronounced Melody a qualied red heifer,
despite the fact that he had begun to notice a few stray white hairs around her
tail and udder, and her eyebrows, which had started out red, had turned black.
Also, the calf would not qualify as a heifer for two years, and by then many
other imperfections might come to light. “I decided to play along, in order to
downplay it,” he says now. The rabbis carried the news of the miraculous birth
back to Jerusalem, and soon a pilgrimage of Orthodox Jews and international
press seeking “the Holy Heifer from Haifa” began turning up in the small
religious community of Kfar Hasidim, where Melody now resided under armed
guard. No red heifer, it was said, had been born in Israel since the destruction
of the Temple. “It is written that it is the tenth red heifer that the Messiah will
discover, and here we have the tenth heifer,” one of the rabbis said on Israel
Radio.
Muslims and a majority of Jews reacted in alarm. A columnist for Ha’aretz
called for the cow to be shot immediately and “every molecule” destroyed. “The
potential harm from this heifer is far greater than the destructive properties of a
regular terrorist bomb,” David Landau wrote. Even Rabbi Shore cautioned that
the time had not come to rebuild the Temple. But Melody was creating her
own reality. Jewish longing for the Temple, Christian hopes for the rapture, and
Muslim paranoia about the destruction of the mosques were being stirred to an
apocalyptic boil.
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“In any case, she solved the problem herself by growing a white tail,” Rabbi
Shore says now. No longer kosher, Melody has rejoined the herd, but she is
pregnant, Shore says, by a “reddish” bull.
The Reverend Lott had been suspicious of Melody’s qualications, but the
episode alerted him and Rabbi Richman to the sensational political
consequences of their project. Nevertheless, on the eve of the ninth day of the
Hebrew month of Av, in 1997—coincidentally, the day on which the
destruction of both the First and Second Temples is commemorated—Lott,
Richman, and a group of West Bank settlers reached an agreement to provide
land to raise red cattle. Lott and Richman are partners, but, in the event that
Lott is raptured with the Church, Richman and the settlers will assume entire
control of the operation. This December, they are planning to ship ve hundred
pregnant cows to the Jordan Valley. The cattle are being bred in Nebraska, on a
three-thousand-acre spread devoted to Red Angus. There seems little doubt
that a red heifer that meets all the Halakic criteria will soon be born in Israel,
possibly early next year. The land that Lott has found is in the occupied West
Bank—“some of the most hotly contested land in the world,” he admitted
recently to a revival audience in Gulf Shores, Alabama. “It’s going to require
feedlots, slaughterhouses—a whole economy.” He will also ship frozen embryos
from Dixie and other donor cows, along with select sperm, to be held in
safekeeping until after the tribulation. According to Lott, his efforts will ensure
that “in the rst one or two or three decades of the millennial reign Israel will
be able to go into the tanks, pull out those frozen embryos, and place them in
cows. And in one generation, whatever they lost in the tribulation, they will
have the very best cows on the face of the earth. . . . She will be able to get the
rest of the world back on its feet again, agriculturally, from a livestock point of
view.”
Jerusalem makes a cult of holiness, one that fuels the passion and yearning of
millions for a personal encounter with God. “In the Old Testament, time and
time again it says this is God’s house, this is where God dwells,” says Father
Jerome Murphy-O’Connor, a professor of New Testament at the École
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Biblique et École Archéologique Française, in Jerusalem. “The assumption was
that God’s power and protection were most efficacious in this place. Hence the
importance of pilgrimage to Jerusalem, pilgrimage to the Temple.” For
centuries, believers have streamed into the city in order to bathe in this sense of
divinity and to marvel at the site that all three religions believe will be the place
of the Last Judgment. On that day, both Evangelical Christians and Orthodox
Jews expect their Messiah to stride down from the Mount of Olives and burst
through the Golden Gate. Many Muslims believe that the Ka’aba—the holiest
place in Mecca—will be transported to Jerusalem, and that all the dead will
meet again in the streets of the city. As long as such mythologies are taken
literally, the struggle for Jerusalem and the Temple Mount will never end. The
religious carnage that has marked every era of this maddened city will continue,
because whoever controls Jerusalem controls access to the sacred places. It is a
way of owning God. ♦
Published in the print edition of the July 20, 1998, issue.
Lawrence Wright has been a staff writer at The New Yorker since 1992. His most recent
book is “The Plague Year.”
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Britain Bans Likud's Moshe Feiglin From Entering Country - Haaretz Com - Haaretz.com
https://www.haaretz.com/2008-03-11/ty-article/britain-bans-likuds-moshe-feiglin-from-entering-country/0000017f-f74c-d318-afff-f76f77c30000 1/4
Haaretz
Britain Bans Likud's Moshe Feiglin From Entering
Country
Feiglin: 'I almost feel honored to be marked as the bad guy by a government
that supports terror.'
Next Up
Preoccupied With Judicial Coup, Netanyahu's Coalition Is
Losing Grip on All Other Fronts
Nadav Shragai and Haaretz Correspondent
Mar 11, 2008
Moshe Feiglin, leader of the Likud's Jewish Leadership faction, was recently
notied in a letter from British Home Secretary Jacqui Smith that he has
been banned from entering the U.K.
The letter, written by an unnamed Border and Immigration Agency ocial
on Smith's behalf, said the agency "considered that you are seeking to
provoke others to serious criminal acts and fostering hatred which might
lead to inter-community violence in the U.K. ... This has brought you within
the scope of the list of unacceptable behaviors," it was reported in the
London Jewish Chronicle last week.
"In light of these factors, the Home Secretary is satised you should be
excluded from the U.K. on the grounds that your exclusion is conducive to
the public good. There is no right of appeal," the letter continued.
Smith based her decision on emergency laws introduced after a 2005
terrorist attack in London.
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Britain Bans Likud's Moshe Feiglin From Entering Country - Haaretz Com - Haaretz.com
https://www.haaretz.com/2008-03-11/ty-article/britain-bans-likuds-moshe-feiglin-from-entering-country/0000017f-f74c-d318-afff-f76f77c30000
The Chronicle article quoted Feiglin as responding: "This is a British
government problem, not mine. However, if somebody in Britain feels
comfortable enough to do something like that, it should turn on some
serious red lights in any British citizen who cares about democracy. Britain
and America are letting in the real terrorists ... remember [Iranian] President
[Mahmoud] Ahmadinejad was allowed to speak at an American university."
The U.K. letter did not allege Feiglin had ever engaged in armed activities,
but listed several quotes from articles he wrote, including one in which he
calls for a holy war, now against Arabs, and another referring to the Prophet
Muhammad as strong, cruel and deceitful.
In another quote cited in the letter, Feiglin wrote, Arabs are not sons of the
desert but its father. They created the desert - everywhere they come
vegetation stops and the wind blows everything away.
Feiglin acknowledged he wrote the statements, but said the reference to
Arabs being the desert's father came from a 1938 book by Sir Claude Jarvis,
then the British High Commissioner of Sinai.
The MK also told the Jewish Chronicle: "I almost feel honored, because of
the way that the British government is behaving, to be marked as the bad
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Britain Bans Likud's Moshe Feiglin From Entering Country - Haaretz Com - Haaretz.com
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guy by a government that supports terror. I see it almost as a compliment."
He was referring to Britain's decision to allow entry to Ibrahim Mousawi, the
editor of a Hezbollah journal, who visited the country on a speaking tour.
Feiglin told the paper that the letter "came out of the blue," and at rst, he
thought it might be a hoax.
"This is all very strange because I have no plans to visit Britain either in the
short or long term. I have never been banned from anywhere else. In fact I
am giving a lecture in Canada at the end of this month," Feiglin told the
Jewish Chronicle.
The Home Oce did not comment on its reasons for banning Feiglin from
Britain, but issued a statement saying that the home secretary can exclude
people whether or not they have applied to enter the country, while
considering relevant information from other government departments and
agencies.
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Palestinians injured in Aqsa clash | News | Al Jazeera
https://www.aljazeera.com/news/2009/9/27/palestinians-injured-in-aqsa-clash
News
Palestinians injured in Aqsa clash
Muslim worshippers arrested and detained on first day of Jewish Yom Kippur.
Israeli troops have closed down much of East Jerusalem due to the Yom Kippur holiday [AFP]
Micky Rosenfeld, an Israeli police spokesman, said two Israeli policemen
were also injured in the confrontation.
Also called Day of Atonement, Jews mark Yom Kippur by fasting and holding
prayers.
Military closure
27 Sep 2009
LIVE
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Palestinians injured in Aqsa clash | News | Al Jazeera
https://www.aljazeera.com/news/2009/9/27/palestinians-injured-in-aqsa-clash
The police entered after Israeli settlers and Zionist groups attempted to force
entry to a part of the complex they call Temple Mount.
Other Israeli settler-activist groups also gathered at the Hetta and Majlis
gates, Al Jazeera’s correspondent said.
Last year, a similar incident on the Yom Kippur holiday resulted in damage to
dozens of cars and shops.
Meanwhile, Israeli forces have imposed military closure on Palestinian territories
starting from Saturday midnight until Monday midnight in view of the
religious holiday.
Israel captured the Old City of Jerusalem during the 1967 Six-Day War and
later annexed it along with the rest of mostly Arab East Jerusalem in a move
not recognised by the international community.
SOURCE: AL JAZEERA, NEWS AGENCIES
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MIDEAST: Muslims See Victory at Al-Aqsa — Global Issues
https://www.globalissues.org/news/2009/10/11/3111 1/3
Global Issues
MIDEAST: Muslims See Victory at Al-Aqsa
by Mel Frykberg (East Jerusalem)
Sunday, October 11, 2009
Inter Press Service
Clashes between Israeli security forces and protesting Palestinians have subsided as several hundred
Muslims agreed to evacuate Jerusalem's Al-Aqsa Mosque following a deal brokered by the Jordanian
Embassy in Tel Aviv Saturday.
But the Islamic Movement, whose members sought to take over the mosque, is at the centre of intense
controversy. In Israel demands have risen for the arrest of Islamic Movement leader Sheikh Raed Salah.
Israeli police accuse Salah of waging a 'religious war' and say he is guilty of 'incitement and sedition'.
Through weeks of unrest Salah encouraged Muslims to assemble in and around Al-Aqsa to 'protect it
from Jewish Zealots.' Busloads of his supporters from around the country arrived in the disputed city, and
together with locals faced off with soldiers and police.
During the subsequent clashes Israeli soldiers and police arrested hundreds of Palestinians. Dozens of security
forces and protestors were injured. The violence spread to several refugee camps and towns in the
West Bank as thousands of Arabs joined solidarity demonstrations in Gaza, Syria, Egypt and Jordan.
Muslim anger mounted as hundreds of Israeli extremists tried to enter the Haram compound, in which
Al-Aqsa Mosque is situated, to celebrate the Yom Kippur and Sukkot Jewish holidays. Some of the extremists
want to destroy the mosque and build a third Jewish Temple on its remains.
This anger was exacerbated by West Bankers and Gazans being denied entry to Jerusalem to worship at
the mosque. East Jerusalem males under 50 were also denied entrance to the mosque, while women of
all ages were permitted to enter.
The stand-off eased following intervention by the Jordanian Ambassador in Tel Aviv. The Israeli authorities
agreed to allow several hundred Muslims holed up in the mosque to leave, and dropped arrest warrants
against them. The authorities also promised that Muslims would be allowed free access to Al-Aqsa.
Ehab Jallad, coordinator of the Jerusalem Popular Committee for the Celebration of Jerusalem as the
Capital of Arab Culture for 2009, which works in conjunction with the Islamic Waqf which administers Al-
Aqsa mosque, sees this as a victory.
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'This is the first time since Israel's 1967 occupation of East Jerusalem that Muslims have stayed in the
mosque for an entire week and prevented the Jewish extremists from entering. We are planning to organise
groups round the clock in the future to prevent any further attempts at a takeover,' Jallad told IPS.
Muslim fears around Al-Aqsa mosque are based on Israeli efforts to Judaise East Jerusalem in order to
keep the city under eternal Israeli sovereignty, thereby preventing the eastern sector becoming the capital
of a future Palestinian state. Al-Aqsa Mosque is a part of East Jerusalem.
In an interview with IPS shortly before he was arrested and banned from Jerusalem for 30 days, Sheikh
Raed Salah said that Israeli authorities had earlier informed some of his colleagues that the mosque
would be divided.
The Israelis reportedly said that only the mosque itself was considered a Muslim site but that the other
buildings in the compound and the other areas were public property and would fall under Israeli control.
'This is a red line. We will not allow the Israelis to take over the Haram compound. If we have to choose
between martyrdom and losing the Haram, we choose the former,' Salah told IPS.
Israeli archaeologists have been carrying out extensive digging around the mosque, with some admitting
that the excavations were threatening the homes of Muslims living nearby.
Secret digging was carried out underneath the mosque in 1996. Clashes then led to the death of 75
Palestinians and 15 Israeli soldiers.
Raphael Greenberg, professor of archaeology at Tel Aviv university, says the current Israeli excavations
are politically motivated.
'As usual during the Jewish holidays, the Israeli public has been inundated with reports of 'amazing discoveries'
in excavations in Jerusalem,' he says. 'Most of the archaeological research in Jerusalem is being
driven by pressure from politically interested groups and individuals with the aim of 'proving' our historical
rights in the city or clearing an area for construction.'
'Several East Jerusalem neighbourhoods are being targeted for Israeli settlements to prevent Palestinian
neighbourhoods from expanding,' Jallad told IPS.
In August the UN Office for the Coordination of Humanitarian Affairs (Ocha), reported that 475
Palestinians in the Sheikh Jarrah neighbourhood were at risk of forced eviction, while 540 new illegal
housing units were being planned. This figure excludes other areas of East Jerusalem under threat.
The Jerusalem Municipality has limited building permits for Palestinians, despite East Jerusalem being
densely overcrowded, and changed municipal boundaries to incorporate illegal Jewish settlements and
the nearly 200,000 settlers residing in East Jerusalem.
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MIDEAST: Muslims See Victory at Al-Aqsa — Global Issues
https://www.globalissues.org/news/2009/10/11/3111 3/3
“When I give food to the poor, they call me a saint. When I ask why the poor have no food, they call me a
communist.” — Dom Hélder Câmara
© Copyright 1998–2023
Salah says he will not back down. 'I'm not afraid of being arrested again. They can charge me with
whatever they like. Al-Aqsa is a spark that could ignite the entire Muslim world and bring war if our
rights are not respected.'
© Inter Press Service (2009) — All Rights Reserved
Original source: Inter Press Service
Where next?
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Palestinians clash with Israeli troops at al-Aqsa mosque in Jerusalem | Israel | The Guardian
https://www.theguardian.com/world/2009/oct/25/israel-al-aqsa-clashes-palestinians
Israel
This article is more than 13 years old
Palestinians clash with Israeli troops at alAqsa
mosque in Jerusalem
Demonstrations at holy shrine erupt into violence as youths fight
battles with riot police
Rory McCarthy in Jerusalem
Sun 25 Oct 2009 17.03 GMT
Israeli riot police firing stun grenades and crowds of young Palestinians throwing
stones clashed in the compound around the al-Aqsa mosque in the heart of
Jerusalem's Old City today.
It was the latest flare-up in several weeks of protests around the site, known as the
Temple Mount or the Haram al-Sharif. Around two dozen people were injured,
mostly Palestinians, but none were seriously hurt.
Israeli forces stormed up into the compound behind riot shields and crowds of
Palestinians fled, some taking sanctuary in the al-Aqsa mosque.
The second intifada of 2000 began with protests in the same area, but these latest
clashes have been less violent and so far seem unlikely to trigger a more widespread
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Palestinians clash with Israeli troops at al-Aqsa mosque in Jerusalem | Israel | The Guardian
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uprising against the Israeli occupation.
Several Palestinians were arrested by Israeli police, among them Hatam Abd al-
Qadir, a senior Palestinian adviser on Jerusalem, and Ali Abu Sheikha, a senior
leader from the Islamic Movement, an organisation within Israel.
David Cohen, the head of Israel's national police, accused Muslim extremists of
inciting violence. "The police will act with a strong hand against anyone who
disrupts order on the Temple Mount and against those who incite to riot," Cohen
said.
Palestinians, however, have been increasingly concerned about right-wing Jewish
settlers entering the compound and about rumours - denied by Israel - of
excavations near the site. The Old City, in east Jerusalem, was captured by Israel in
the 1967 war and later annexed, a move never recognised by the international
community.
Palestinian officials accused the Israeli police of provoking the violence. Nabil Abu
Rdainah, a spokesman for Abbas, condemned "the storming of Haram al-Sharif by
Israeli forces". He added: "Jerusalem is a red line that Israel should not cross." There
have been protests over the incident from the Islamic Conference and the Arab
League.
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Top News, Latest headlines, Latest News, World News & U.S News - UPI.com
https://www.upi.com/Top_News/World-News/2011/12/08/Engineer-says-Temple-Mount-bridge-to-close/18391323345706//print/
Engineer says Temple Mount bridge to close
Published: Dec. 8, 2011 at 7:01 AM
JERUSALEM, Dec. 8 (UPI) -- Jerusalem's city engineer Thursday ordered the immediate
closure of the Mughrabi Bridge leading to Temple Mount, saying it's unsafe and
dangerous.
In a letter to the Western Wall Heritage Foundation, Shlomo Eshkol ordered the
wooden bridge linking the Western Wall plaza to the Temple Mount closed immediately,
Israel Radio said Thursday.
The bridge is the only access to the Temple Mount for non-Muslims seeking to visit the
site and is also used by security forces in the event of violent incidents, the report said.
Eshkol said until a new bridge is built, only a small number of security personnel will be
permitted to use the bridge -- and only after consulting with him, the report said.
The decision comes just weeks after Prime Minister Binyamin Netanyahu decided to
postpone constructing a new bridge, fearing the move would lead to new tensions with
Jordan, Egypt and other countries in the Middle East, Israel Radio said.
Jordan, which is responsible for Muslim holy sites in Jerusalem, has objected to the
planned construction, warning such steps will ignite protests throughout the Middle
East.
The current bridge was built as a temporary solution after a previous structure
collapsed in 2004.
© 2011 United Press International, Inc. All Rights Reserved.
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Another Israeli Church Defaced With 'Price Tag' Graffiti - Haaretz Com - Haaretz.com
https://www.haaretz.com/2012-10-03/ty-article/jlem-church-marred-with-hate-graffiti/0000017f-f62e-d318-afff-f76fa1f50000
Haaretz
Another Israeli Church Defaced With 'Price Tag' Grati
Grati reading 'Jesus, son of a bitch, price tag,' was found on a door near
the Franciscan monastery on Mount Zion, just outside the walls of
Jerusalem's Old City.
Next Up
Preoccupied With Judicial Coup, Netanyahu's Coalition Is
Losing Grip on All Other Fronts
Oz Rosenberg and Nir Hasson
Oct 3, 2012
Less than a month after a monastery at Latrun was vandalized with "price
tag" grati, similar grati was found Tuesday morning on a door near the
Church of the Dormition on Mount Zion, just outside the walls of
Jerusalem's Old City.
The grati, which read "Jesus, son of a bitch, price tag," had already been
removed by midmorning Tuesday, Israel Police spokesman Mickey
Rosenfeld said.
Jerusalem Police Chief Maj. Gen. Yossi Pariente yesterday ordered the
formation of a special investigative team to locate the perpetrators. No one
has yet been arrested for last month's vandalism.
Jewish extremists are thought to have carried out similar vandalism on
churches, mosques and army property in response to what they consider
Listen to this article now
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Church: Israelis Don't Respect Christians
'Jewish Terror' Police Unit Coming to W. Bank
J'lem Church Sustains 'Price Tag' Attack
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https://www.haaretz.com/2012-10-03/ty-article/jlem-church-marred-with-hate-graffiti/0000017f-f62e-d318-afff-f76fa1f50000
pro-Palestinian government policies. The Latrun vandalism occurred
shortly after settlers were evicted from the illegal outpost of Migron.
The Dormition Church, built over a century ago near the site of the Last
Supper, is one of the Franciscan order's most important holdings in the Holy
Land. Though Israel has only about 155,000 Christian citizens, less than 2
percent of its 7.9 million people, the repeated defacing of their sacred sites
has shocked the country and drawn ocial condemnation.
"Price tag actions contradict the morals and values of Judaism and do great
harm to the State of Israel," said President Shimon Peres, speaking at a
meeting with one of Israel's chief rabbis at a Sukkot reception yesterday. "It
is forbidden to harm the holy sites of [other] religions and faiths."
Church ocials have said mere condemnation is not enough. In an interview
with Haaretz a few weeks ago, one of the Vatican's top ocials in the Holy
Land, the Rev. Pierbattista Pizzaballa, sharply condemned what he termed
Israelis' derogatory attitude toward Christians.
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"When you say 'Christianity' to Israelis they immediately think of the
Holocaust and the [Spanish] Inquisition," he said. "People don't know that
we are here and have roots here."
He said this attitude seems to be prevalent in Israeli society, noting that
priests are often spat on by yeshiva students, and that National Union MK
Michael Ben-Ari had torn up a New Testament in the Knesset.
"If you as a Jew want people to respect you, you need to respect others,"
Pizzaballa said.
Various rabbis condemned the vandalism.
"We only just nished with Yom Kippur ... and now we have another sin for
which we must atone - contempt for another religion," said Rabbi Mauricio
Balter, president of the Masorti (Conservative ) Movement's Rabbinical
Assembly.
Rabbi Gilad Kariv of the Reform Movement warned that "This price tag
epidemic threatens to become a routine part of Israeli public life, causing
moral, social and international damage. Law enforcement, which has failed
to deal with the phenomenon, must make this a much higher priority than it
has until now."
The Reform Movement, in a statement, also urged the thousands of people
who will be visiting Jerusalem's Old City during the intermediate days of this
week's Sukkot holiday to "visit the desecrated site and express their disgust
with this act."
The Custodia Terrae Sanctae, the Franciscans' representative in the Holy
Land, said that Israel must do more to eliminate the price tag phenomenon.
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Another Israeli Church Defaced With 'Price Tag' Graffiti - Haaretz Com - Haaretz.com
https://www.haaretz.com/2012-10-03/ty-article/jlem-church-marred-with-hate-graffiti/0000017f-f62e-d318-afff-f76fa1f50000
"The attempts to damage monasteries and the spray-painting of
inammatory grati against Christianity, which have occurred repeatedly
recently, are an insult to the hundreds of millions of Christian faithful
throughout the world, and the State of Israel cannot allow such grave acts to
occur," the statement said.
A hand-out picture released Tuesday by the Franciscan monastery showing anti-Christian graffiti denigrating
Jesus. Credit: AP/HO
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Church of the Holy Sepulchre in row over water bill - BBC News
https://www.bbc.com/news/world-middle-east-20188167
Church of the Holy Sepulchre in row over water bill
The church is a major pilgrimage site for millions of visitors to the Holy Land
The Church of the Holy Sepulchre in Jerusalem has warned that it may shut
its doors to pilgrims in protest at a dispute with an Israeli water company.
The church, where many Christians believe Jesus was crucified, has had its
bank account frozen at the request of Hagihon over an unpaid $2.3m bill.
The dispute has le hundreds of priests, monks and teachers unpaid.
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The church has traditionally not been charged for water, but Hagihon says it is
owed money for the past 15 years.
'Unjustified step'
According to the Israeli newspaper Maariv, there was a tacit agreement
between the Greek Orthodox Patriarchate of Jerusalem - which, along with
the Armenian Orthodox Patriarchate and the Roman Catholic Franciscan
Custos, is jointly responsible for the Church of the Holy Sepulchre's
administration - and a former mayor of the city that the church would be
exempt from water bills.
But in 2004, Hagihon sent a demand to the church for 3.7m shekels ($950,000;
£590,000). It was backdated to when the company took over the water supply
in the late 1990s.
The Patriarchate reportedly believed it was a mistake because Hagihon did not
press it to pay. The company is now demanding that the bill, which has risen to
9m shekels ($2.3m; £1.4m) including interest, be settled.
A Hagihon spokesman said Israeli law did not permit any exemptions.
The company had not taken other enforcement steps, such as shutting off the
water supply, in order not to disrupt activities at the site, he added.
Father Isidoros Fakitsas, Superior of the Greek Orthodox Patriarchate at the
Church of the Holy Sepulchre, told the Associated Press that an agreement
had been reached with Hagihon a few weeks ago.
Under the deal, various denominations of the church would pay their monthly
bill and the 9m-shekel debt was to be forgotten, he said.
But to his surprise the Patriarchate's bank account was blocked, making it
impossible to pay stipends to some 500 priests and monks, 2,000 teachers and
the running costs of more than 30 schools.
According to Maariv, other services have also been affected, including
telephones, internet and electricity, as well as companies supplying food.
Father Fakitsas said the Patriarchate would be able to function despite the
frozen bank account and that it would try to find an alternative if matters
became too difficult, such as opening another bank account.
Patriarch Theophilos III wrote a letter to Israel's prime minister and president
warning that the "enforcement of this unjustified step undermines the sanctity
and offends the sensitivity of the site".
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He told Maariv: "If nothing changes we intend to announce... for the first time
in centuries, that the Church of the Holy Sepulchre is closed."
The other Christian denominations which jointly manage the church are said
to support the Greek Orthodox Patriarchate in its battle.
The Israeli tourism ministry said the issue was between the Patriarchate and
the Jerusalem municipality, but that it was trying to mediate between them
and hoped that the dispute would be resolved quickly.
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Likud lawmaker banned fron ascending Temple Mount | The Times of Israel
https://www.timesofisrael.com/likud-lawmaker-banned-fron-ascending-temple-mount/
Attorney General Yehuda Weinstein on Monday approved a decision to prevent Likud MK Moshe Feiglin from visiting
the Temple Mount, for fear that visits to the volatile holy site could spark violence and endanger Israel’s security, the
Justice Ministry announced Monday.
“The Attorney General approved the decision based on the recommendations of law enforcement agencies,” the
Justice Ministry said in a statement. “The decision was based on past experience, including Feiglin’s previous actions
while visiting the site and his announcement that he would not coordinate future visits with the police. Police and
defense authorities estimate that MK Feiglin’s ascent to the Temple Mount may potentially risk Israel’s security.”
Prime Minster Benjamin Netanyahu was behind the decision, which he based on intelligence assessments that the
MK’s visit could escalate tension at the site, Army Radio reported. Netanyahu addressed the issue in the Likud faction
meeting Monday, saying, “We are in a delicate and volatile situation. There are defense establishment instructions
and we must avoid escalation.”
Likud lawmaker banned fron ascending Temple
Mount
Allowing Moshe Feiglin to visit site could ‘risk Israel’s security,’ A-G says; Netanyahu cites ‘delicate and volatile
situation’
By RON FRIEDMAN
29 April 2013, 7:33 pm
Moshe Feiglin in court after an October 2012 arrest for praying on the Temple Mount. (photo credit: Yonatan Sindel/Flash90)
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A visit to the Temple Mount by then-prime ministerial candidate Ariel Sharon in 2000 is widely considered one of the
sparks that led to the Second Intifada.
Feiglin, a rst-time MK from the Likud party’s hawkish ank, has been prohibited from visiting the Temple Mount in
the past, most recently a month ago. Feiglin attempted to enter the Dome of the Rock, but was turned back by
security personnel at the site, who said it was closed to non-Muslims. A large crowd gathered during the incident, and
Feiglin had to be extricated by police.
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“The prime minister has no legal authority to give such an order,” Feiglin argued. “It is an order that undermines the
Knesset’s sovereignty. It directly contravenes at least three basic laws. The security argument doesn’t work either
because, between now and my visit, the security forces have all the time in the world to prepare and to prevent
violent gatherings.”
Few places on earth are as potentially explosive as the site, where two Jewish temples once stood. Muslims believe the
Mount is where the Prophet Muhammad ascended to heaven and call it the Noble Sanctuary. The day-to-day
functioning of the site is in the hands of the Islamic Waqf, and Israeli governments have been stringent about
maintaining the status quo. Because of its importance to Muslims and the inherent tension of such a place being
under the control of Israel, any violence there resonates across the Islamic world and has the potential for deadly
results.
At the moment, Israeli police and Waqf guards keep close tabs on visitors identiable as religious Jews. If someone is
seen moving lips in prayer, or prostrates themselves on the smooth stones of the shrine, they are expelled and
detained.
Matti Friedman contributed to this report
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Israel police hold Jerusalem Muslim cleric for six hours | Reuters
https://www.reuters.com/article/us-israel-palestinians-mufti-idUSBRE94708R20130508 1/4
EDITOR'S PICKS
MAY 8, 2013 / 11:08 AM / UPDATED 10 YEARS AGO
Israel police hold Jerusalem Muslim cleric for six hours
By Jeffrey Heller
JERUSALEM (Reuters) - Israeli police arrested the top Palestinian Muslim religious leader in
Jerusalem on Wednesday and questioned him for six hours about a fracas between
Palestinians and Israelis at al-Aqsa mosque before releasing him without charge.
Palestinian leaders and neighboring Jordan condemned the arrest of Sheikh Mohammad
Hussein, the Grand Mufti of Jerusalem after Palestinian worshippers scuffled with Israelis
Israeli police officers detain a Palestinian who protested in front of the Damascus Gate outside Jerusalem's Old
City during a parade marking Jerusalem Day May 8, 2013. REUTERS/Ammar Awad
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near Jerusalem’s al-Aqsa mosque on Tuesday.
Israeli President Shimon Peres sought to reassure Jordan, one of the few Arab powers to have
recognized the Jewish state, that religious freedom in Jerusalem would be upheld.
Hussein’s arrest came the same day Israel celebrated the anniversary of its capture of East
Jerusalem, where al-Aqsa is located, from Jordanian control in the 1967 Middle East war.
Police spokesman Micky Rosenfeld said Hussein was arrested to answer questions about what
he called the “public disturbance” near al-Aqsa, which overlooks Judaism’s Western Wall.
Rosenfeld said no charges were filed after Hussein was questioned for six hours.
“They took me from my house at eight in the morning, accusing me of incitement,” Hussein
told Reuters. “I do not incite. I protect al-Aqsa mosque, and that is the nature of my work.”
The Palestinian Authority appoints the Grand Mufti in consultation with local religious
leaders, but Jordan’s monarchy, which has long been a custodian of the holy sites in
Jerusalem, pays religious personnel’s salaries and contributes toward the upkeep of the
shrines.
Palestinian President Mahmoud Abbas condemned the arrest, calling it “a flagrant challenge
to the freedom of worship”.
Palestinian Prime Minister Salam Fayyad said it was a “grave escalation in Israel’s relentless
violations of international law”.
Jordanian Prime Minister Abdullah Ensour told parliament that Amman would convey
through its ambassador in Tel Aviv “the kingdom’s rejection of the Israeli army and settlers’
recurring and increasing attacks on the holy al-Aqsa”, and accused Israel of “premeditated
acts that spelt evil intent”.
Israel considers all of Jerusalem its capital, though its occupation of the east of the city has
never been recognized internationally. The Palestinians say East Jerusalem must be the
capital of their future state.
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Kerry sees 'short time' to revive Middle East peace bid
Influential Muslim cleric visits Hamas-ruled Gaza
PERES HOPES FOR PEACE
Officiating at a “Jerusalem Day” ceremony, Peres described Israel’s 1994 peace deal with
Jordan as possible precedent for an accord with the Palestinians and inter-faith
understanding.
“Jerusalem is dear to us. Peace with Jordan is dear to us. I want to say loudly and clearly that
we respect all the holy sites of all religions and will do everything necessary to protect them
as agreed between us,” Peres said.
Hussein, who has held his post since 2006, said it was the first time Israeli authorities had
arrested and questioned him. Since 1967, at least one previous mufti had been detained by
Israeli police, he said.
Rosenfeld said Tuesday’s confrontation began when Israeli police detained a Palestinian who
wanted to enter the plaza but refused to present his identification card.
It developed into a scuffle in which Muslim worshippers threw chairs at Jewish visitors at the
site, he added.
There were fresh confrontations on Wednesday between Muslims and Jews outside
Jerusalem’s walled Old City, where al-Aqsa is located. Police arrested 18 Palestinians,
Rosenfeld said. There were no casualties.
Al-Aqsa mosque is one of the most sensitive sites in the city. Muslims see it as one of their
holiest places along with Mecca and Medina, believing the Prophet Mohammad ascended into
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heaven from the spot during a night journey to Jerusalem.
It is also the most sacred site in Judaism, with Jews revering it as the place where biblical
King Solomon built the first temple 3,000 years ago. A second temple there was razed by the
Romans in 70 AD.
The future status of Jerusalem is seen as one of the most difficult topics to be resolved in any
negotiations between the Israelis and Palestinians.
Direct talks between the two sides broke down in 2010. U.S. Secretary of State John Kerry is
seeking to revive the discussions and was due to meet Israel’s chief negotiator Tzipi Livni in
Rome later on Wednesday.
Reporting by Ali Sawafta, Noah Browning, Ari Rabinovitch and Nidal al-Mughrabi; Editing by Jon
Hemming and Mike Collett-White
Our Standards: The Thomson Reuters Trust Principles.
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Attack on Jerusalem graves unnerves Christians | The Times of Israel
https://www.timesofisrael.com/attack-on-jerusalem-graves-unnerves-christians/
AP — Christian leaders in Israel are up in arms over what they say is a string of relentless attacks on church properties
and religious sites — most recently the desecration of a historic Protestant cemetery where vandals toppled stone
crosses from graves and bludgeoned them to pieces.
The attack in the Protestant Cemetery of Mount Zion, one of Jerusalem’s most important historic graveyards, has
struck a particularly sensitive nerve because some of the damaged graves belong to famous gures from the 19th and
20th centuries, a key period in Jerusalem’s history. Among them are a German diplomat, the founder of an orphanage
who was a signicant contributor to modernizing the city, and a relative of the owners of a prominent hotel.
Though members of the clergy say interfaith relations between top religious leaders have never been stronger, and
police have been more responsive to such attacks in recent years, they say attacks continue unabated. Some activists
say not enough is being done to stop them.
Attack on Jerusalem graves unnerves
Christians
Over past three years, at least 17 Christian sites have reportedly been vandalized; activists say police not doing
enough
By DANIEL ESTRIN
10 October 2013, 1:51 am
A damaged grave in the Protestant Cemetery of Mt. Zion, Jerusalem, on Monday (photo credit: AP/Bernat Armangue)
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“We are striving so hard to promote dignity and respect among the living. And here we have our dead people …
vandalized,” said the Very Rev. Hosam Naoum, caretaker of the Protestant cemetery. “No human would agree with
this.”
Police arrested four young Israeli settlers from the West Bank last week, two of them minors, in connection with the
cemetery attack, said police spokesman Micky Rosenfeld. But Rosenfeld said the four were subsequently released
without charge until further questioning.
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Two of the suspects had been banned from entering the West Bank because of their connections to the “hilltop
youth,” a movement of young Jewish extremists blamed for a spate of attacks in recent years on mosques, Christian
sites and Israeli army property to protest government policy.
The four suspects claimed they had entered the cemetery to immerse themselves in a ritual bath there, according to
media reports. Rosenfeld could not immediately conrm the reports, and the record of the court session was sealed
because minors were involved.
Naoum said the reported alibi was suspect. An ancient Jewish ritual bath was excavated on the premises but it
contains no water, and an old well nearby has a narrow opening and would be dangerous to enter, he said.
Naoum said his staff saw religious Jewish youths breaking into the cemetery again on Tuesday and Wednesday,
though no damage was reported. Israeli media have said two of the original suspects were students at a nearby Jewish
seminary known for its ultranationalist views.
Naoum said he is reporting the events to the German and British embassies, which have representatives on the
cemetery administration board, as well as to the Archbishop of Canterbury.
The attack joins a list of high-prole Christian sites that have been vandalized within the past year. They include a
Trappist monastery in Latrun, outside Jerusalem, where vandals burned a door and spray-painted “Jesus is a monkey”
on the century-old building, a Baptist church in Jerusalem, and other monasteries. Clergymen often speak of being
spat at by ultra-Orthodox religious students while walking around Jerusalem’s Old City wearing frocks and crosses.
Christian citizens of Israel, including Roman Catholic and Orthodox streams of Christianity, make up less than 2
percent of its nearly 8 million people. About three-quarters of them are Arabs, and the others arrived during a wave of
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immigration from former Soviet Union countries that began 20 years ago. Tens of thousands of Christian foreign
workers and African migrants also live in Israel.
The population gures include Christians in Israel and east Jerusalem, the section of the city captured by Israel in
1967 and claimed by the Palestinians.
Over the past three years, 17 Christian sites in the Holy Land have been reported vandalized, according to Search for
Common Ground, a nongovernmental group that monitors press reports of attacks on religious sites.
Researcher Kevin Merkelz said a police detective in charge of Christian affairs told the organization the numbers are
actually higher, but Christian leaders chose not to report many attacks to the press.
“The Christians who are still here want to keep a low prole when attacked,” said Merkelz. He said the group does not
include sites in the politically sensitive Old City of Jerusalem in its survey, because many sites are in dispute and the
group does not want to be seen as taking sides.
Christian leaders are often afraid to complain to police because many clergymen reside in Israel on special visas and
wish to keep good relations with authorities, said Hana Bendcowsky of the Jerusalem Center for Jewish-Christian
Relations. “There is a very strong feeling that the police are not doing enough … and not doing work to prevent the
phenomenon,” she said.
Rosenfeld, the police spokesman, said Israeli police recently set up a task force to combat “nationalistic” motivated
crimes, and last week arrested 14 youths in connection with attacks on Arabs.
He said police are carrying out more patrols around holy sites and are considering installing security cameras to
protect them. He also claimed the numbers of attacks against Christian sites remains relatively low.
“There is more awareness that holy areas have to be watched closer and protected better,” Rosenfeld said.
The Rev. Pierbattista Pizzaballa, one of the Roman Catholic church’s top ofcials in the Holy Land, said such attacks
“have become routine and target not only Christians. They’re conducted by extremists and go against the spirit of
tolerance. But it’s also true that they’re strongly condemned by the Jewish community, by people opposed to them.”
Naoum, the cemetery caretaker, said a group of 150 Jewish religious gures will be paying a solidarity visit to the
cemetery this week.
In the oldest section of the Protestant Cemetery of Mount Zion, just outside the walls of Jerusalem’s ancient Old City,
the tops of large stone monuments, many written in German, were bare, and the stone crosses that used to top them
lay broken into a few pieces.
Graves damaged belong to a British Mandate policeman and important gureheads in the city.
The most notable of them is Johann Ludwig Schneller, founder of an orphanage and the most advanced printing press
in 19th century Jerusalem. Also damaged was the grave of Edmund Schmidt, the German consul general at the
beginning of the 20th century. The grave of Ferdinand Vester, who built the house where a branch of the U.S.
Consulate General to Jerusalem is located today and who was related to the founders of the storied American Colony
Hotel, was also damaged.
The cemetery is “a microcosm of Jerusalem history from the 1830s till the present,” said Amnon Ramon, an expert on
Christianity at the Jerusalem Institute for Israel Studies.
Curiously, it is not the rst time the Protestant cemetery has been attacked. About 100 years ago, the American
consul to Jerusalem dug up graves in the cemetery belonging to members of the American Colony, a group of devout
Christians from the U.S. whom the consul believed were involved in cult-like activities, said Israeli researcher Nirit
Shalev-Khalifa. The group’s home later became the American Colony Hotel.
There has always been a religious ght surrounding cemeteries in Jerusalem, Shalev-Khalifa said.
“This is a battle over the celestial Jerusalem,” she said. “You can deal with the living, but sometimes it’s easier to deal
with the dead.”
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____
Copyright 2013 The Associated Press.
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Israel & the Region ·Israel Inside ·Christians in Israel ·anti-Christian discrimination ·Hilltop youth ·Jerusalem
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DR Dave Roland
10 October, 2013
What a shame that a small minority of extremists would destroy graves in a cemetery. What a brave
and fearless act. They should be ashamed of themselves. Let's hope that their parents aren't
encouraging this behaviour.
Dave
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Jordan Vista News
19-Feb-2014
Right-wing Israeli MK enters Aqsa compound
Ammonnews
Ma'an - An Israeli member of the Knesset entered the Al-Aqsa compound early Wednesday escorted by
Israeli police, a Palestinian official said.
Azzam al-Khatib, the director of the Al-Aqsa Mosque, told Ma'an that right-wing MK Moshe Feiglin arrived
at the Al-Aqsa compound at 8:15 a.m. and entered through the Moroccan gate.
Feiglin toured the eastern quarter of the compound and stood at the courtyard of the Dome of the Rock, al-
Khatib said.
A cameraman followed him throughout the tour, which lasted a half hour, al-Khatib said. He said Feiglin was
heard saying that the Al-Aqsa Mosque belongs to the Jews. Feiglin, head of the "Jewish Leadership" faction
of Israel's Likud party, had initiated a Knesset debate scheduled for Tuesday, calling for full Israeli
sovereignty over the Al-Aqsa compound, without Jordanian oversight.
However, Israeli media reported that the debate would be postponed. Due to the sensitive nature of the Al-
Aqsa mosque, Israel maintains a compromise with the Islamic trust that controls the compound -- overseen
by Jordan -- to restrict the area for Muslim prayers. Israeli forces, however, regularly escort Jewish visitors to
the site, often leading to tension with Palestinians.
The compound, which sits just above the Western Wall plaza, houses both the Dome of the Rock and the Al-
Aqsa mosque and is the third holiest site in Islam. It is also venerated as Judaism's most holy place as it sits
where Jews believe the First and Second Temples once stood. The Second Temple was destroyed by the
Romans in 70 AD.
According to mainstream Jewish religious leaders, Jews are forbidden from entering for fear they would
profane the "Holy of Holies," or the inner sanctum of the Second Temple. Al-Aqsa is located in East
Jerusalem, a part of the internationally recognized Palestinian territories that have been occupied by the
Israeli military since 1967.
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Al-Aqsa clashes as MKs tour compound | New Jewish Resistance
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Al-Aqsa clashes as MKs tour compound
ARTICLE | MARCH 20, 2014 - 8:17PM | BY MAAN NEWS AGENCY
Clashes broke out March 20 between Palestinian worshipers and Israeli forces in the al-Aqsa
compound following a visit by a right-wing Israeli MK, locals said. Witnesses told Ma'an news
Agency that Likud MK Moshe Feiglin and a number of other right-wing politicians entered the
mosque compound via the Moroccan Gate and toured the courtyards. Worshipers shouted "Allah
Akbar" at the group before Israeli forces raided the compound and began assaulting them with
clubs. In response, young Palestinians began throwing stones at the Knesset members, forcing
them to leave the compound. Several worshipers and Shariah law students sustained bruises and
one of them was treated at a clinic in the Aqsa compound. An Israeli police spokesperson said two
Palestinians were detained for throwing stones at Feiglin.
The controversial Likud MK has stated in the past that Palestinians in Israel should be relocated
and there is no such thing as a Palestinian people.
Due to the sensitive nature of the Al-Aqsa Mosque, Israel maintains a compromise with the
Islamic trust that controls the compound—overseen by Jordan—to restrict the area for Muslim
prayers. Israeli forces, however, regularly escort Jewish visitors to the site, often leading to
tension with Palestinians.
The compound, which sits just above the Western Wall plaza, houses both the Dome of the Rock
and the Al-Aqsa mosque and is the third holiest site in Islam. It is also venerated as Judaism's
most holy place as it sits where Jews believe the First and Second Temples once stood. The
Second Temple was destroyed by the Romans in 70 AD.
From Ma'an News Agency, March 20
About the Author »
Maan News Agency
News Agency
RELATED TERMS: Zionism Jerusalem al-Aqsa Al-Aqsa Mosque Arabic architecture Asia Israel Israel
Israeli police Israeli–Palestinian conflict Knesset Likud Middle East Moshe Feiglin Moshe Feiglin
Palestinian nationalism spokesperson War Western Asia Zionism Ziyarat
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Jerusalem's Temple Mount closes to all visitors after shooting of Yehuda Glick - Israel News - The Jerusalem Post
https://www.jpost.com/israel-news/unknown-assailant-shots-seriously-wounds-known-right-wing-activist-in-jerusalem-380210[23/06/2023 11:20:27]
Jerusalem Post Israel News
Jerusalem's Temple Mount closes to all
visitors after shooting of Yehuda Glick
Prominent right-wing activist evacuated to capital's Shaare Zedek Medical Center for
surgery; police searching for suspect.
By DANIEL K. EISENBUD, JPOST.COM STAFF Published: OCTOBER 30, 2014 06:20
Rioting on Temple Mount, October 8, 2014.
(photo credit: POLICE SPOKESPERSON'S UNIT)
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Rioting on Temple Mount, October 8, 2014. (photo credit: POLICE SPOKESPERSON'S UNIT)
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Jerusalem's Temple Mount closes to all visitors after shooting of Yehuda Glick - Israel News - The Jerusalem Post
https://www.jpost.com/israel-news/unknown-assailant-shots-seriously-wounds-known-right-wing-activist-in-jerusalem-380210[23/06/2023 11:20:27]
Following the assassination attempt in Jerusalem of right-wing activist
Yehuda Glick, Public Security Minister Yitzhak Aharonovich and Jerusalem
Police Chief Moshe Edri ordered the closing of the Temple Mount to Jews
and Arabs until further notice. The decision was taken due to intelligence
assessments and security concerns at the site.
An increased number of police and border police will patrol Jerusalem on
Thursday.
Aharonovitch called for calm and urged everyone, including politicians and
public figures, not to incite the situation. Thursday, “will not be a simple
day,” he said.
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Jerusalem's Temple Mount closes to all visitors after shooting of Yehuda Glick - Israel News - The Jerusalem Post
https://www.jpost.com/israel-news/unknown-assailant-shots-seriously-wounds-known-right-wing-activist-in-jerusalem-380210[23/06/2023 11:20:27]
Early Thursday morning Prime Minister Benjamin Netanyahu spoke
with Edri and Aharonovich and with the head of the Shin Bet (Israel
Security Agency) Yoram Cohen. Netanyahu ordered that the highest priority
should be given to capture those responsible for shooting Glick, and that
security personnel should be significantly increased in the capital.
Rabbi Yehuda Glick, spokesman for the Joint Committee of Temple
Organizations – was in serious condition after being shot in front of the
capital’s Menachem Begin Heritage Center Wednesday night.
According to police, the shooting took place at approximately 10:30 p.m.
outside the memorial center, located near the Old City, by a suspect riding
a motor bike who fled the scene.
Glick, who has a long history of advocating for Jewish prayer rights at the
Temple Mount, spoke Wednesday evening at the Begin Center alongside
MKs Eliyahu Ben-Dahan, Moshe Feiglin and Miri Regev at an event titled
“Israel Returns to the Temple Mount.”
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Jerusalem's Temple Mount closes to all visitors after shooting of Yehuda Glick - Israel News - The Jerusalem Post
https://www.jpost.com/israel-news/unknown-assailant-shots-seriously-wounds-known-right-wing-activist-in-jerusalem-380210[23/06/2023 11:20:27]
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Jerusalem's Temple Mount closes to all visitors after shooting of Yehuda Glick - Israel News - The Jerusalem Post
https://www.jpost.com/israel-news/unknown-assailant-shots-seriously-wounds-known-right-wing-activist-in-jerusalem-380210[23/06/2023 11:20:27]
MK Moshe Feiglin (Likud) who was with Glick, said that a motorcyclist
drove up to Glick as he put posters from the event in his car and asked if he
was Yehuda Glick. When Glick affirmed his identity, the motorcyclist shot
him and fled.
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Yehuda Glick at an event on the Temple Mount prior to the shooting, October 29, 2014.
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Jerusalem's Temple Mount closes to all visitors after shooting of Yehuda Glick - Israel News - The Jerusalem Post
https://www.jpost.com/israel-news/unknown-assailant-shots-seriously-wounds-known-right-wing-activist-in-jerusalem-380210[23/06/2023 11:20:27]
“Shots were fired and the victim was rushed to an area hospital in serious
condition,” said Police spokesman Micky Rosenfeld. “Special patrol units
are searching the area for the suspect and we are investigating the
background of the incident.”
“It was an assassination attempt,” a Jerusalem city official said. “This is
very serious.”
The victim was taken to Shaare Zedek Medical Center in Jerusalem.
Professor Jonathan Halevy, director-general of Shaare Zedek said that
Glick underwent surgery for wounds in the chest and the stomach.
"His situation at this moment is stable but his life is still at risk," Halevy said.
He added that Glick has lost a lot of blood and had been given many
transfusions.
Glick’s father Shimon who is in the
hospital awaiting results of the surgery told the media, “Everyone who
reads Facebook and newspapers knows his life had been threatened.
“Because he is a red head and tall, he stands out,” Shimon said.
“I am hoping that he will recover and continue his work,” he said.
Following the shooting attack, Police Chief Yohanan Danino ordered the
police readiness level raised to the second highest level in every district
nationwide.
Mayor of Jerusalem Nir Barkat urged people not no to take the law into their
hands and to allow the police to do its work and find those responsible in
the shooting.
Economy Minister and head of Bayit Yehudi Naftali Bennet said the
assassination attempt on a public activist in the heart of Jerusalem crossed
a bloody red line. "Security is not brought about by talking but rather by
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actions, and I call on the prime minister to return Israel's sovereignty over
Jerusalem immediately," Bennett said.
Housing and Construction Minister Uri Ariel (Bayit Yehudi) said following
the shooting, "I am praying for the full recovery of Yehuda Glick. The bullets
fired at him tonight were directed at all the Jews that want to exercise their
Jewish and moral right to visit the most holy place to the Jewish people and
to pray at the Temple Mount."
"I call on the prime minister to immediately allow every Jew to freely go to
the Temple Mount, and to act with an iron fist against the criminals
responsible for this deed," he charged.
Deputy Minister for Religious Services and Bayit Yehudi MK Eli Ben-Dahan,
who spoke at the conference that Yehuda Glick attended before he was
shot, expressed his shock following the incident.
"I am shocked that just a few minutes after giving my speech this evening at
the conference organized by Yehudah Glick that such a terrible thing has
happened," Ben-Dahan said.
"I spoke of the loss of control of the Israel police and the loss of personal
security in Jerusalem and just a few minutes afterwards an assassination
was attempted in the heart of Jerusalem," he added.
Ben-Dahan called on Prime Minister Benjamin Netanyahu and Public
Security Minister Yitzhak Aharonovich to impose order immediately and to
restore security and sovereignty to the capital.
Likud MK Miri Regev said that it was unacceptable that a Jew becomes an
assassination target just for fighting for something that he believes in.
"A failure to struggle for the right of Jews to live in peace in Jerusalem will
result in murderous Palestinian terror across Israel," Regev said.
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Jerusalem holy site closure 'declaration of war' - Abbas - BBC News
https://www.bbc.com/news/world-middle-east-29828547
Jerusalem holy site closure 'declaration of
war' - Abbas
A security clampdown was initiated in the aermath of the shooting
A spokesman for Palestinian leader Mahmoud Abbas has described the
closure of a disputed Jerusalem holy site as a "declaration of war".
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30 October 2014
AFP
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Jerusalem holy site closure 'declaration of war' - Abbas - BBC News
https://www.bbc.com/news/world-middle-east-29828547
The move came amid tension and violence aer the shooting of a Jewish
activist. Israel's PM urged calm, saying Mr Abbas was stoking unrest.
The holy site will reopen on Friday, Israel's economy minister says.
Yehuda Glick, a campaigner for greater Jewish prayer rights at the Temple
Mount/al-Haram al-Sharif, was wounded.
Israeli police later killed a Palestinian suspected of shooting him. Moataz
Hejazi, 32, was shot aer reportedly opening fire when police surrounded his
home.
Rabbi Glick is a well-known US-born campaigner for the right of Jews to pray
at the site, which is currently prohibited.
The compound - known to Jews as the Temple Mount and to Muslims as
Haram al-Sharif - is the holiest site in Judaism, and contains the al-Aqsa
Mosque - the third holiest site in Islam.
In other developments
Sweden became the first major Western European country to officially
recognise Palestine as a state - Israel has recalled its ambassador to
Sweden in response, according to an official quoted by AFP
The UN Human Rights Committee urged Israel to halt settlement-building
in the West Bank and investigate alleged violations committed by its
military in Gaza since 2008
US Secretary of State John Kerry described alleged insults which a senior
US official aimed at Mr Netanyahu as "disgraceful, unacceptable and
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Jerusalem holy site closure 'declaration of war' - Abbas - BBC News
https://www.bbc.com/news/world-middle-east-29828547
damaging"
Palestinians clashed with police as they tried to arrest the shooting suspect
Several Jewish protesters were arrested outside the compound
GETTY IMAGES
AFP
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Jerusalem holy site closure 'declaration of war' - Abbas - BBC News
https://www.bbc.com/news/world-middle-east-29828547
Rabbi Glick was photographed attending a conference shortly before the shooting
'Dangerous escalation'
Angry crowds gathered in Arab East Jerusalem near Hejazi's home as news
spread that he had been shot.
Police used tear gas and rubber bullets against stone-throwing youths.
Analysis: BBC's Kevin Connolly in Jerusalem
A delicate status quo governs rights of access to al-Haram al-Sharif/Temple
Mount. Israel captured the Old City in 1967 but swily handed control of the
compound back to the Islamic religious authorities, fearful of triggering a Holy
War. Israel's security forces do impose restrictions - banning men under the
age of 50 from worshipping on occasion - but argue that is about maintaining
order.
Jews are allowed to visit the site but not to pray there. Now some right-wing
religious groups say Jews should be allowed to pray - a demand which causes
anger and unease in the Muslim world.
If it all sounds familiar, well that is because it is. When Britain governed the
Holy Land in 1929 a very similar dispute provoked rioting that led to
widespread loss of life - a proper resolution of it all still feels hopelessly
distant.
There was also a small demonstration by far-right Israelis outside the holy site,
with several arrested for attempting to enter it.
Palestinians hold the Israeli government responsible for a "dangerous act", Mr
Abbas was quoted as saying by spokesman Nabil Abu Rudeina, AFP reports.
Israeli Economy Minister Naali Bennett told the BBC on Thursday that the
holy site would reopen in time for Friday prayers "unless there are unusual
events that take place over the next few hours".
AFP
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Jerusalem holy site closure 'declaration of war' - Abbas - BBC News
https://www.bbc.com/news/world-middle-east-29828547
Jerusalem's holiest site
Known as the Temple Mount to Jews and al-Haram al-Sharif to Muslims, it
comprises the al-Aqsa Mosque and the Dome of the Rock, and is next to
the Western Wall
The Western Wall, from the time of the Jewish Biblical temples, is the
holiest site where Jews can pray; the Dome of the Rock, where according to
Jewish tradition the Ark of the Covenant rested in the first temple, is the
holiest site in Judaism
The al-Aqsa Mosque is the third holiest site in Islam; the Dome of the Rock
is revered by Muslims because of its connections to the Prophet
Muhammad
Christians also venerate the site because of its Biblical links to Jesus
A Muslim committee has managed the compound since the time of the
Crusades, while Israel, which has occupied East Jerusalem since 1967,
controls access
Israel maintains a ban on prayer by non-Muslims at the compound as a
security measure
Rabbi Yehuda Glick campaigns for allowing Jews to pray at the site
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Jerusalem holy site closure 'declaration of war' - Abbas - BBC News
https://www.bbc.com/news/world-middle-east-29828547
Israeli Prime Minister Benjamin Netanyahu has called for calm, suggesting Mr
Abbas is responsible for the increasing tension.
"We're facing a wave of incitement by radical Islamic elements as well as by the
Palestinian Authority chairman... who said that Jews must absolutely be
prevented from going on to the Temple Mount," he said, quoted by Haaretz
newspaper.
Some districts of East Jerusalem have seen nightly clashes between
Palestinians and Israeli security forces since the Gaza conflict last summer.
A Jewish baby and Ecuadorian woman were killed when a Palestinian attacker
drove his car into a group of pedestrians in Jerusalem last week.
Micky Rosenfeld, Israeli police spokesman: ''There was an attempted assassination on a known right-wing
activist''
Police say Hejazi belonged to the Islamic Jihad militant group and served time
in jail in Israel before being released in 2012.
Police say they were fired at aer surrounding a house where he was staying
and they shot back, hitting the suspect.
Rabbi Glick has undergone surgery for gunshot wounds to his chest and
abdomen.
Israel argues that it protects freedom of worship at the site but Palestinians
claim it is unilaterally taking steps to allow larger numbers of Jewish visitors.
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Israel closes Al-Aqsa mosque compound to all visitors | Israel | The Guardian
https://www.theguardian.com/world/2014/oct/30/israel-closure-al-aqsa-mosque-temple-mount-mahmoud-abbas-war
Israeli police said the mosque would reopen after midnight, for dawn prayers. Guardian
Israel
This article is more than 8 years old
Israel closes AlAqsa mosque compound to all visitors
Closure of Temple Mount site denounced by Mahmoud Abbas as
‘tantamount to a declaration of war’
Peter Beaumont in Jerusalem
@petersbeaumont1
Thu 30 Oct 2014 18.15 GMT
0:00 / 2:10
Israel on Thursday ordered the first full closure of the Al-Aqsa mosque compound in Jerusalem’s Old City in 14 years, in a move
denounced by Palestinian president Mahmoud Abbas as “tantamount to a declaration of war”.
The closure of the religious site, venerated by both Muslims and Jews, came after anti-terrorist police shot dead a 32-year-old
Palestinian man on Thursday morning who was suspected of having tried to kill a far-right Jewish activist the night before.
In the aftermath of the shootings Israeli security forces swamped the Old City and Palestinian neighbourhoods of East Jerusalem
with extra reinforcements – some called in from the West Bank – as helicopters flew overhead and observation balloons were
deployed in several locations.
The Al-Aqsa compound, or Temple Mount, which has become a central point in the escalating violence in the city in recent
months, was closed to all visitors as a security precaution. Israeli police said the mosque would reopen after midnight, for dawn
prayers. “It was decided to restore (the compound) to normal,” police spokeswoman Luba Samri told AFP, adding that because of
a fear of unrest at Friday midday prayers, entry for Muslim men would be restricted to those over 50.
The compound houses Islam’s third holiest site, but is also the most sacred spot for Jews who refer to it as the Temple Mount
because it once housed two Jewish temples.
In a further escalation of the rhetoric around the site, Abbas’s Fatah movement called for a “day of rage” for Friday.
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Israel closes Al-Aqsa mosque compound to all visitors | Israel | The Guardian
https://www.theguardian.com/world/2014/oct/30/israel-closure-al-aqsa-mosque-temple-mount-mahmoud-abbas-war
Muataz Hijazi – a former Palestinian prisoner and member of Islamic Jihad – was shot dead on the roof of his family’s home in the
Jerusalem neighbourhood of Abu Tor by anti-terrorist police just before 6am on Thursday, as he hid behind solar panels.
Israeli police sources said he had opened fire on them before being killed – a claim his family denied. Hijazi was suspected of
shooting and wounding Rabbi Yehuda Glick, an activist who has led a campaign for Jews to be allowed to pray at the Al-Aqsa
compound.
The attempted assassination of Glick was the second attack on Jews in the city in just over a week following a deadly incident
last week in which a Palestinian man drove his car into pedestrians at a tram stop killing two people, one of them a three-monthold
baby.
After Glick’s shooting, far-right Jewish groups urged supporters to march on Al-Aqsa on Thursday morning – prompting its
closure.
Addressing a security meeting Israeli prime minister Binyamin Netanyahu appeared to call for calm. “First of all, the flames must
be lowered,” Netanyahu said. “No one on either side should take the law into his own hands. We need to act now with cool
heads, responsibility and determination, and that is what we shall do.”
Hijazi’s killing follows Wednesday night’s shooting of Glick as he left a conference in Jerusalem on the question of the Temple
Mount, attended by right-wing MPs among others.
According to the police and Israeli media accounts, Hijazi – who reportedly worked in the canteen of the Begin Centre where
Glick was shot – approached the rabbi, confirmed his identity and shot him four times at close range.
Shai Malka, Feiglin’s spokesman, described the moment of Glick’s shooting: “I stood next to him. The conference was over and
he went outside to load his car. Next to it stood a Palestinian motorcyclist wearing black. I saw his gun and I yelled to the woman
with me ‘run, escape.’ We started running. The Palestinian said to him: ‘Sorry, I have to do this,’ and shot him.”
Hijazi had been jailed in 2002 for security offences committed during the Al-Aqsa intifada in 2002 and had been released in 2012.
Neighbours of Hijazi described hearing a burst of gunfire at about 5.30am as armed police swamped the area. Hijazi was shot
after fleeing to the roof of his house, where bloodstains were still visible.
Speaking to the Guardian after the removal of Hijazi’s body, his aunt Taghreed said: “I saw everything. I was at my kitchen
window when the police came in.” Contradicting the police account she said he had been beaten before being shot – a claim the
Guardian could not confirm.
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Israel closes Al-Aqsa mosque compound to all visitors | Israel | The Guardian
https://www.theguardian.com/world/2014/oct/30/israel-closure-al-aqsa-mosque-temple-mount-mahmoud-abbas-war
Continue Remind me in August
Neighbours of the Hijazi family added that they were woken by the sound of shooting and that police shot plastic rounds at those
who had tried to leave their houses to see what was happening.
“It was between 5.30am and 5.40am,” Ra’ad Aliyan, a pharmacist who lives next door, told the Guardian as police kept reporters
from Hijazi’s house. Another resident of the same building, Mandi Burkan, showed a back injury where he said he had been hit
by a plastic round trying to go and see what was happening.
As police removed Hijazi’s body residents threw objects from their balconies on one group while police fired teargas and stungrenades.
US-born Glick is closely associated with the Temple Mount Faithful – a religious right wing group that seeks to rebuild a Jewish
temple on the site that contains the al-Aqsa mosque and where the ancient second Jewish temple reputedly once stood. Glick
often led groups of religious Jews to visit the site and had been a key speaker at the conference billed as “Israel Returns to the
Temple Mount” with MPs Moshe Feiglin and Miri Regev.
Feiglin, a highly controversial figure in his own right who critics have accused of stoking tensions at the religious site, told the
Israeli website Ynet: ”What happened is horrible but very expected. Glick was constantly threatened. The fact that he was not
assigned protection at all times is a failure. I say this as someone who is the target of constant incitement.”
The shooting of Hijazi was followed by clashes with police. But more dangerous in the short-term may be the decision by Israel
to close the Al-Aqsa compound to all visitors.
Israel maintains that it allows free prayer to all, but Palestinians claim it is unilaterally widening access to accommodate larger
numbers of Jewish worshippers.
The Palestinians see this as Jewish encroachment on the site, the holiest in Judaism and the third holiest in Islam, while Jewish
activists like Glick say they are being discriminated against by limiting their chances to pray atop the mount.
Israel accuses Palestinian president Mahmoud Abbas of inciting the recent violence.
Abbas has recently called for Jews to be banned from the site and urged Palestinians to guard the compound from visiting Jews,
whom he called a “herd of cattle.”
Prime minister Benjamin Netanyahu said that he has yet to hear a word of condemnation from the world against Abbas’
incitement to violence.
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
Jerusalem Post NORTHERN SHIELD
Police and Shin Bet kill suspect in shooting
of right-wing activist Yehuda Glick
Suspect killed in shootout in Abu Tor after prominent right-wing activist evacuated to
capital's Shaare Zedek Medical Center for surgery.
By DANIEL K. EISENBUD, JPOST.COM STAFF Published: OCTOBER 30, 2014 07:50
Abu Tor shooting of Glick's suscpect
(photo credit: SHIN BET,REUTERS)
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Abu Tor shooting of Glick's suscpect (photo credit: SHIN BET,REUTERS)
ISRAEL NEWS HEALTH & WELLNESS WORLD NEWS MIDDLE EAST BUSINESS & INNOVATION
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
The suspect police believed attempted to assassinate Rabbi Yehuda Glick
outside the Menachem Begin Heritage Center Wednesday night was killed
after exchanging gunfire with police at his east Jerusalem home Thursday
morning.
According to police, the suspect, 32-year-old Islamic Jihad member Moataz
Hejazi, was released from an Israeli prison two years ago, was found at his
home in Abu Tor after an intensive police manhunt.
“Counter-terrorism operations surrounded the house of the suspect, and as
soon as officers took their positions they were fired upon by the him,” said
police spokesman Micky Rosenfeld. “Shots were immediately returned by
police killing the suspect.”
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
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Rosenfeld said a subsequent raid of the suspect’s home revealed
evidence that he was indeed responsible for Glick’s shooting.
Heightened security measures are expected in east Jerusalem following the
shooting to contain possible rioting, Rosenfeld said.
Rabbi Yehuda Glick, who holds dual US and Israeli citizenship and is the
spokesman for the Joint Committee of Temple Organizations – was in
serious condition after being shot in front of the capital’s Menachem Begin
Heritage Center Wednesday night.
According to police, the shooting took place at approximately 10:30 p.m.
outside the memorial center, located near the Old City by a suspect riding a
motor bike who fled the scene.
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
Glick, who has a long history of advocating for Jewish prayer rights at
the Temple Mount, spoke Wednesday evening at the Begin Center
alongside MKs Eliyahu Ben-Dahan, Moshe Feiglin and Miri Regev at an
event titled “Israel Returns to the Temple Mount.”
MK Moshe Feiglin (Likud) who was with Glick, said a motorcyclist drove up
to Glick as he put posters from the event in his car and asked if he was
Yehuda Glick. When Glick affirmed his identity, the motorcyclist shot him
and fled.
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
“Shots were fired and the victim was rushed to an area hospital in serious
condition,” police spokesman Rosenfeld said. “Special patrol units are
searching the area for the suspect and we are investigating the background
of the incident.”
“It was an assassination attempt,” a Jerusalem city official said. “This is
very serious.”
The victim was taken to Shaare Zedek Medical Center in Jerusalem.
Professor Jonathan Halevy, director-general of Shaare Zedek said Glick
underwent surgery for wounds in the chest and the stomach.
"His situation at this moment is stable but
his life is still at risk," Halevy said. He added that Glick has lost a lot of
blood and had been given many transfusions.
Glick’s father Shimon who is in the hospital awaiting results of the surgery
told the media, “Everyone who reads Facebook and newspapers knows his
Yehuda Glick at an event at The Begin Center prior to the shooting, October 29, 2014.
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Police and Shin Bet kill suspect in shooting of right-wing activist Yehuda Glick - The Jerusalem Post
https://www.jpost.com/arab-israeli-conflict/report-suspect-in-right-wing-activist-yehuda-glicks-shooting-killed-by-police-380238[23/06/2023 11:23:45]
life had been threatened. “Because he is a red head and tall, he stands
out,” Shimon said.
“I am hoping that he will recover and continue his work,” he said.
Following the shooting attack, Police Chief Yohanan Danino ordered the
police readiness level raised to the second highest level in every district
nationwide.
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Occupation places a sign near Al-Aqsa bearing the name "Temple Mount" | Qudsnet News Agency
https://qudsnet.com/post/ الاحتلال-یضع-لافتة-قرب-الأقصى-تحمل-اسم-جبل-الھیكل/ 299978
HomeUncategorized News Details
The occupation puts up a sign near Al-Aqsa bearing
the name "Temple Mount"
Wed 11 Feb 2015, 12:42 PM
إعلانات
إیقاف عرض ھذا الإعلان لماذا ھذا الإعلان؟
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Occupation places a sign near Al-Aqsa bearing the name "Temple Mount" | Qudsnet News Agency
https://qudsnet.com/post/ الاحتلال-یضع-لافتة-قرب-الأقصى-تحمل-اسم-جبل-الھیكل/ 299978
Crews belonging to the occupation municipality in Jerusalem erected an
identification sign in the Old City of Jerusalem, near the "Majlis" gate, which is
one of the main gates of Al-Aqsa Mosque.
The sign bore the names of places named "Temple Mount" with reference to the
Al-Aqsa Mosque, in Arabic, Hebrew and English.
For its part, the Islamic Waqf Department in Jerusalem explained that "changing
the name of one of the gates of the blessed Al-Aqsa Mosque" comes as a
continuation of the Judaization series carried out by the occupation authorities in
Jerusalem, targeting in particular the blessed Al-Aqsa.
Source: Occupied Jerusalem – Qudsnet News Agency -
News Home
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60 Settlers Raid Al Aqsa Mosque | - IMEMC News
https://imemc.org/article/70657/
June 21, 2023 11:14 AM
- IMEMC News
International Middle East
Media Center
ISRAELI ATTACKS JERUSALEM NEWS REPORT
60 Settlers RaidAlAqsa
Mosque
FEB 20, 2015
Extremist settlers again stormed Al Aqsa Mosque, on Thursday morning, under guarded
of special Israeli police forces.Director of the mosque, Sheikh Omar Kiswani, stated to
Al Ray Palestinian Media Agency that 60 extremist settlers, divided in small groups,
stormed Al Aqsa’s courtyards from the Mughrabi Gate.
He explained that the settlers carried out a provocative tour in front of Palestinian
worshippers, who raised their voice with chanting ‘Allahu Akhbar (God is Greatest)’.
Extremist Israeli settlers and politicians have been violating the sanctity of Al Aqsa
Mosque on an almost daily basis, and always under the protection of armed occupation
forces who often attack Palestinian worshipers who try to protect their holy site.
See: imemc.org/article/70547 for further information.
Qassam Fighter Killed During
Training In Rafah
Israeli Extremists Attack A
Palestinian Shepherd Near Hebron
By IMEMC & Agencies
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Dozens of Israeli Settlers Storm Al-Aqsa Compound- Al Manar TV Website Archive
https://archive.almanar.com.lb/english/article.php?id=202244
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Dozens of Israeli Settlers Storm Al-Aqsa Compound
Middle East - Palestine - Security (category.php?id=80) 23-03-2015 09:47 AM
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Dozens of Israeli Settlers Storm Al-Aqsa Compound- Al Manar TV Website Archive
https://archive.almanar.com.lb/english/article.php?id=202244
A total of 132 Jewish settlers under the protection of Zionist police forced their way into Al-Aqsa complex
through Al-Magharbeh and Hotta gates.
A total of 132 Jewish settlers under the protection of Zionist police
forced their way into Al-Aqsa complex through Al-Magharbeh and
Hotta gates, General Director of Muslim Endowments and Al-
Aqsa Affairs Sheikh Azzam al-Khatib said.
"A group of 10 settlers mounted on the roof of the Dome of the
Rock Mosque and tried to perform Talmudic rituals but Palestinian
guards managed to prevent them," he added.
Others toured the holy compound passing by Al-Qibali and Al-
Marwani mosques before leaving the complex through Al-Silsileh
gate, he added.
Outside the compound, he said, a group of Jewish settlers
attacked three Muslim women and tried to pour hot tea on them.
The occupation authorities also detained three Palestinians – two men and a woman – when the latter tried to enter the
compound.
In recent months, groups of Jewish settlers – often accompanied by Zionist security forces – have repeatedly forced their
way into the Al-Aqsa Mosque complex.
المجموعة اللبنانیة للإعلام
قناة المنار
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Israeli minister demands to halt Al-Aqsa renovations | Daily Sabah
https://www.dailysabah.com/mideast/2015/04/14/israeli-minister-demands-to-halt-alaqsa-renovations
Israeli minister demands to halt Al-Aqsa renovations
BY ANADOLU AGENCYAPR 14, 2015 12:00 AM
Israeli Construction Minister Uri Ariel asked Prime Minister-designate Benjamin
Netanyahu to halt renovation work being carried out by the Jerusalem Islamic
Waqf Department on East Jerusalem's Al-Aqsa Mosque on Tuesday.
He addressed Netanyahu on his Facebook page, asking the latter to "order an
immediate halt to the earthworks to allow a proper review and authorization process."
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Israeli minister demands to halt Al-Aqsa renovations | Daily Sabah
https://www.dailysabah.com/mideast/2015/04/14/israeli-minister-demands-to-halt-alaqsa-renovations
"These works are unprecedented and warrant the review of the ministerial committee
on archeological digs at holy sites; the fact that there is heavy machinery involved
makes this all the more pressing," the minister wrote.
He said he had to make the urgent appeal because the Jerusalem Islamic Waqf
Department had begun renovating the Dome of the Rock - the alleged site of the
Jewish Temple – on Monday, and noted that planned renovations included the
installation of new carpets at the Muslim shrine.
Ariel said the nature of these activities was "unknown," citing the use of heavy
equipment in the renovations.
It was not immediately clear, however, how Netanyahu responded to Ariel's request.
The Jerusalem Islamic Waqf Department, an affiliate of Jordan's Religious
Endowments Ministry, has repeatedly rejected "Israeli interference" in the affairs of
the Al-Aqsa Mosque.
The Jordanian ministry accuses Israel of digging beneath the Al-Aqsa Mosque, the
world's third holiest site for Muslims, alleging that the excavations endanger the
iconic house of worship.
Jews refer to the area as the "Temple Mount," claiming it was the site of two
prominent Jewish temples in ancient times.
LAST UPDATE: APR 14, 2015 6:33 PM
KEYWORDS
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16 arrested, then released, in church torching | The Times of Israel
https://www.timesofisrael.com/police-nab-over-a-dozen-suspects-in-church-torching/
Police said on Thursday they had detained 16 suspects in connection with the torching of the Church of the
Multiplication at Tabgha, on the Sea of Galilee, which was set ablaze early that morning. The group was released a
few hours later.
Many of those detained were said to be minors, all from Jewish settlements in the Samaria region in the northern
West Bank, including 10 from Yitzhar, which is known as a bastion of extremists. The group had apparently been
spending time in the nearby Ein Hokuk spring.
“In an area near the church, 16 youths were detained for investigation in order to check their involvement in the
incident before dawn,” police spokeswoman Luba Samri said in a statement, referring to the Church of the
Multiplication at Tabgha in northern Israel.
16 arrested, then released, in church torching
Settlers questioned in connection with attack at site where Christians believe Jesus fed 5,000 with five loaves and
two fish
By STUART WINER
18 June 2015, 1:47 pm
A priest inspects the damage caused to the Church of the Multiplication at Tabgha, on the Sea of Galilee, in northern Israel, which was set on re in what police suspect was an
arson attack, June 18, 2015. (Basel Awidat/Flash90)
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16 arrested, then released, in church torching | The Times of Israel
https://www.timesofisrael.com/police-nab-over-a-dozen-suspects-in-church-torching/
“All 16… were released, with no conditions attached, after being interviewed and giving statements,” she added in a
subsequent statement.
Fireghting crews successfully doused the blaze and two people who were in the building suffered minor smoke
inhalation. No signicant damage was inicted to the church itself, as the re raged mainly on the roof. Some damage
was caused to a book storage room, ofces, and an event hall.
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Interior Minister Silvan Shalom earlier Thursday voiced his outrage at the attack in a phone call to the church leader,
Father Matthias Karl, and promised that his ministry would do all it could to bring the perpetrators to justice.
“A hate crime like this is unbelievable and unacceptable,” he said. “I apologize personally and on behalf of the state
for this extremist attack.”
In an entrance corridor of the building, which is believed by Christians to be the site of Jesus’s miracle of multiplying
two sh and ve loaves to feed 5,000 people, Hebrew grafti was found, reading, “The false gods will be eliminated” —
a quote from the Aleinu prayer.
The church, which is run by the Catholic Benedictine Order, is best known for its fth-century mosaics, including one
depicting two sh anking a basket of loaves.
Public Security Minister Gilad Erdan also denounced the incident.
“This is a cowardly and vile act that I vigorously condemn,” he said. “We will not allow anyone to shake the
coexistence between religions and ethnic groups in Israel. It is a blow to the principles of tolerance between religions
and a blow to the most essential values of Israel, and we will show no patience for these kinds of acts.”
MK Zouheir Bahloul (Zionist Union) appealed for swift action to prevent the incident from causing tensions between
religious groups in Israel. “The torching of the church is shocking and directly threatens the democratic nature of
Israel,” he said.
Right-wing Jewish extremists have in the past carried out numerous arson and grafti attacks against Christian sites,
as well as against Arab property in the West Bank and Jerusalem, under the “price tag” slogan.
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HP EXHIBIT 284
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16 arrested, then released, in church torching | The Times of Israel
https://www.timesofisrael.com/police-nab-over-a-dozen-suspects-in-church-torching/
The term “price tag” is used by Jewish extremists to describe vandalism or attacks typically carried out against non-
Jews or their property, ostensibly as retribution for Palestinian attacks or Israeli government actions deemed contrary
to settler interests.
Times of Israel staff and AFP contributed to this report.
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Israel Inside ·Sea of Galilee ·arson ·fires ·Judea and Samaria ·Tabgha
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DK Daniel Kennemer
18 June, 2015
An awful incident, and I'm glad they caught those responsible. It should be noted that the Aleinu/Al
ken neqaveh prayer doesn't say false gods will be eliminated, it says that the idols/false gods "will
be cut off" - "veha'elilim karot yikaretun". Translating it erroneously as ...See more
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HP EXHIBIT 284
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The Temple Mount: Background | Ministry of Foreign Affairs
https://www.gov.il/en/Departments/General/the-temple-mount-background
The Temple Mount: Background
In recent years, Palestinian radicals have been trying to violate the status quo by preventing Christians and Jews from
visiting the Temple Mount. Palestinian rioters are funded and led by radical Islamist elements.
Publish Date: 10.09.2015
S. Lederhandler
9
The Temple Mount in Jerusalem, where the two Jewish Temples were located, is the holiest site in Judaism. Called Haram al-
Sharif (the Noble Sanctuary) by Muslims, the site contains the al-Aqsa Mosque, which is the third holiest site in Islam, the iconic
Dome of the Rock (which is not a mosque) and many other small structures. The al-Aqsa Mosque is situated at the southern edge
of the Temple Mount and covers a relatively small area of the Mount's surface.
Freedom ofWorship and the Status-Quo:
Israel's o-cial policy, .rst laid down in its Declaration of Independence, protects freedom of religion and worship for all
faiths. Israel places the utmost importance on facilitating worship by Muslims and Christians in their respective holy sites,
including in Jerusalem. Moreover, Jewish holy sites (among them the Western Wall), are open to visitors of all faiths, as are
the Christian holy sites in Jerusalem.
Freedom ofworship has not always been respected throughout Jerusalem's history. For example, in the modern era, Jews
were denied the right to worship in their holy sites in the Old City of Jerusalem between 1948 and1967.
After Jerusalem's reuni.cation in 1967, Israel's leadership chose to uphold the existing status quo on the Temple Mount. Out
of respect for Muslim sensibilities, it allowed the Islamic Waqf to continue to administer the Temple Mount, the holiest site in
Judaism.
Non-Muslims (Israelis and tourists) are allowed to visit the Temple Mount at .xed times, but do not enter the al-Aqsa Mosque
itself? they are visiting other parts of the site and usually walk around the large open spaces. In addition, Jews and other
non-Muslims are not permitted to pray on the Temple Mount.
Prime Minister Netanyahu has repeatedly declared that the Government of Israel is committed to maintaining the status quo
on the Temple Mount and will oppose any proposal to change it. He has stated that anyone who expresses a di ,erent view is
merely giving their personal opinion and not the policy of the Government. The PM has instructed all government ministers
HP EXHIBIT 285
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The Temple Mount: Background | Ministry of Foreign Affairs
https://www.gov.il/en/Departments/General/the-temple-mount-background
to act responsibly with regards to this issue.
The Prime Minister has repeatedly stressed, in his talks with King Abdullah as well as in his public statements, Israel's
commitment to preserving the status quo on the Temple Mount and Jordan's special role regarding the holy sites of Islam in
Jerusalem, as written in the peace treaty, article 9.
Palestinian Violence on the Temple Mount:
While Israeli authorities take measures designed to ensure freedom of religion, allow access to Jerusalem's holy sites, uphold the
status quo on the Temple Mount and maintain public order, there are many on the Palestinian side who are actively attempting to
change the status-quo and to undermine the delicate balance and long-standing modus vivendi in Jerusalem.
In recent years, Palestinian radicals have been trying to violate the status quo by preventing Christians and Jews fromvisiting
the Temple Mount. Palestinian rioters are funded and led by radical Islamist elements, including Hamas and the northern branch
of the Islamic Movement in Israel. They have attacked visitors, as well as the police, with rocks, .reworks, iron rods, explosive
devices and Molotov cocktails. The young operatives use the al-Aqsa Mosque as their base of operations for premeditated
attacks, concealing weapons and explosive materials inside the mosque and hiding in this holy site overnight. In addition, wellorgani
+ed groups of older men and women physically and verbally harass Jewish visitors. As a result of these developments, two
radical Islamist organi+ations, the Mourabitoun and the Mourabitat, were declared illegal organi+ations on 8 eptember 2015, due
to the grave threat they pose to the public order.
The Role of Incitement:
Incitement to violence on the Temple Mount has been conducted by President Mahmoud Abbas and his Palestinian Authority
[PA], as well as by extremist Islamist elements.
In past statements, Abbas has announced that "all means must be used to prevent Jews from going up to the Haram Bi.e. Temple
Mount)." He called Jewish visitors to their holiest site a "herd." In the past, Abbas has disseminated lies, claiming that Israel is
attacking the al-Aqsa mosque and that Jews are "desecrating" it. He has chosen to followthe path of his predecessor, asser
Arafat, and deny the existence of the Jewish Temples on the Temple Mount.
Abbas' atah party and o-cial PA bodies use traditional and social media to spread incitement. or example, on 21 August 2015,
a libelous PA TV 'documentary' was screened, regarding the arson attack against Al-Aksa mosque in 1969. Although the attack
was actually perpetrated by Australian Christian Michael Denis William Rohan, the PA TV documentary falsely presented Rohan
HP EXHIBIT 285
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The Temple Mount: Background | Ministry of Foreign Affairs
https://www.gov.il/en/Departments/General/the-temple-mount-background
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as a "Jewish terrorist", and went on to claim (equally falsely) that "the .re was planned by senior Jews of high position."
These and numerous other statements by the PA, led by Abbas, amount to o -cial incitement to violence and can only serve to
in/ame passions among the Palestinians.
Sadly, conspiracy theories about the Jews threatening to destroy the Al-Aqsa mosque have abounded in the region for decades.
These false claims, which are exploited by Palestinian and Arab leaders to incite the masses and rally them against the Jews,
have often led to violent attacks, starting with the 1929 riots that led to the massacre of over 130 Jews in the Mandate territory.
The accusations that Israel plans to harm the al-Aqsa Mosque are utterly baseless and ridiculous. The fact that they are made
not only by Islamist extremists but also by the mainstream Palestinian leadership is alarming and dangerous.
Protecting the Temple Mount:
The Israeli authorities have sought to contain attempts by Islamist extremists to escalate the situation on the Temple Mount
while protecting Muslim sensitivities and freedom ofworship. Access to the Temple Mount is only restricted when public safety
and security is at risk. The Islamic Waqf manages the Temple Mount. Israeli police o -cers are not posted on the Mount and only
enter the area in speci.c cases when riots have to be controlled. Most importantly, as a matter of policy, the police do not enter
the mosque itself.
Although they often .nd themselves in life-threatening situations, police o-cers entering the Temple Mount are equipped solely
with non-lethal measures. These self-imposed limitations by law enforcement o -cers are strictly observed.
At the same time, both Muslim worshippers and visitors from other faiths are expected to respect the status quo. Anyone who
breaks the rules - whether they are Muslim, Jewish or members of another faith - is dealt with accordingly by the police.
It is the Palestinian rioters themselves who are damaging, de .ling and endangering the al-Aqsa Mosque, including by
transforming it into a base for attacks and concealing weaponry inside the mosque. They have destroyed furniture fromthe
mosque for use in constructing barricades and launched .reworks from inside its premises, where carpets and wooden beams
could easily catch .re. The rioters are also demonstrating their disrespect for the many Muslim worshippers who simply wish to
pray in peace, as well as for the Islamic Waqf that is in charge ofmanaging the site.
More on the subject
Rosh Hashanah: September events on the Temple Mount in Jerusalem
This page was last updated on 10.09.2015
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
(/) / Events & More (/events_and_more) / News & Updates (/blog) / Media Releases (/media_releases)
/ Statement on Moshe Feiglin's Visit to Australia
Twelve Jewish and Zionist organisations in Australia from across the religious, political and social
spectrum have come together to issue a statement regarding former Likud MK Moshe Feiglin’s visit to
Australia this month.
The statement reads:
The following organisations have signed on to the statement:
Aleph Melbourne
Ameinu Australia
Australian Reform Zionist Association
Habonim Dror Australia
Hashomer Hatzair Australia
Hineni Australia
Jewish Labour Bund and SKIF
Keshet Australia
Netzer Australia
New Israel Fund Australia
Progressive Judaism Victoria
Shira Hadasha Synagogue
In addition, a number of the organisations’ leaders have commented:
“Moshe Feiglin’s views on women, homosexuality and Palestinian
citizens of Israel are inconsistent with Jewish values. They have no
place in a modern democracy such as Israel that was established on
the principle of respecting the human rights of all its minorities.”
Statement on Moshe Feiglin's Visit to Australia
“
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
Dr Ilana Snyder, President of New Israel Fund Australia, said:
Johnny Baker, President of Ameinu Australia, said:
Daniel Stiglec, Meta’em (Vice President & Community Liason) of Hashomer Hatzair, said:
Shira Appelboom, Federal Mazkira (Chairperson) of Netzer Australia, said:
“The views of many people in the Australian Jewish community do not
line up with Moshe Feiglin’s which is why it is important to point out
when such anti-democratic values are being promoted. NIF is working
hard in Israel to bring different sectors together, promote shared society
and coexistence, and uphold the values of the Declaration of
Independence.”
“Whilst we respect the right of different voices to be heard in our
community, we are equally concerned that the impending visit of Israeli
extremist, Moishe Feiglin, will bring the Jewish community into disrepute
and play into the hands of our adversaries.”
“Hashomer Hatzair Australia believes Moshe Feiglin's views about
minority groups in Israel are divisive and detrimental to the character of
the Jewish State. Whilst he has the right to freedom of speech, we
condemn his views and would like to highlight the fact that these are not
the views of Australian Jewry and the larger Israeli mainstream society.”
“
“
“
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
Brian Samuel, President of Progressive Judaism Victoria, said:
Jonathan Barnett, President of Keshet Australia, said:
Barbara Ford, Acting President of the Australian Reform Zionist Association (ARZA), said:
“Moshe Feiglin's disrespect for marginalised groups in Israel goes
against Netzer Australia's fundamental beliefs in equality and respect for
all human life. Though he is entitled to his views, we strongly believe they
are an obstacle to the pursuit of peace and democracy in Israel.”
“We are concerned about Mr Feiglin’s visit to Melbourne. He is a
disruptive person in the Jewish world and shares few values with the
Jewish community.”
“The board of Keshet Australia, wishes to express our concern regarding
the proposed visit by Mr Feiglin to Australia. Keshet aspires to encourage
and teach inclusivity. Mr Feiglin's philosophy is diametrically opposed to
our core values. Mr Feiglin has expressed views which seek to oppose
the inclusivity and rights of GLBT Jews. Keshet Australia believes his
views are damaging and hurtful to people here and in Israel. We feel it is
incumbent on us to highlight to the greater community that such views
are not held or supported by most Jewish people in Australia or
elsewhere.”
“
“
“
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
“ARZA Australia supports discussion about sensitive issues in Israel,
including the treatment of minorities, the status of women and the
issues of pluralism and sexual orientation. However, such discussions
should be respectful and focussed on constructive dialogue. It is highly
questionable if the views and presentation of Moshe Feiglin meet these
basic criteria.”
“
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
For more information, please contact:
Liam Getreu
Executive Director, NIF Australia
[email protected]
0413 374 401
HP EXHIBIT 286
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
Loading…
Page 1 of 2
Statement on Moshe Feiglin’s Visit
OCTOBER 9, 20t1o5 A –u sEtrleavliaen Jewish and Zionist organisations in
aAnuds tsraolciaia flr ospme catcrruomss h tahvee r ceoligmioeu tso,g peothlieticr atol issue a statement
rveisgita trod iAngu sftorramliaer Likud MK Moshe Feiglin’s
t“hMiso smhoen Fthe.iglin’s views on women, homosexuality and Palestinian
Jcietiwzeisnhs v oafl uIsersa.e Tl haerey ihnacvoen sniost epnlatc wei tihn a modern democracy such
aprsi nIscripaleel othf aret swpaesc etinstga bthlies hheudm oann trhigehts
oTfh ael lf oitlslo mwiinnogr iotiregsa.n” isations have
sig•n Aelde pohn to the statement:
•M Aemlbeoiunrune
•A Ausutsrtarlaialian Reform
•Z iHoanbisot nAimss oDcrioartion
•A Husatsrahloiamer Hatzair
•A Husintreanliia
•A Kusetsrahleiat
•A Nusettrzaelira
•A Nusetwra lIisarael Fund
•A Pusrotrgarleiassive
•J uSdhairisam H aVdicatsohriaa
In Saydndaitgioong, uae number of the organisations’
Dlera Idlaenrsa hSanvyed ecor,m Pmreesnidteedn:t of New Israel Fund Australia, said: “The
Jvieewwiss ho fc ommamnyu npietyo pdloe nino tt hlien eA uuspt rwailtiahn Moshe Feiglin’s which is why
it is important to point out when such
Page 2 of 2
Page
anti-democratic values are bein2g o pf r2omoted. NIF is working
thoagredt hine Irs, rpareolm too tber isnhga dreifdfe sreonctie stey catonrds coexistence, and
uInpdheoplde nthdee nvcaelu.”es of the Declaration of
Johnny Baker, President of Ameinu Australia, said: “Whilst we
rheesapredc itn t hoeu rr icgohmt omf udnififtey,r ewnet vaoreic eeqs utoa llbye concerned that the
iFmepigelnind,i nwgil lv bisriint go ft hIsera Jeeliw eisxhtr ecmomismt, uMnoitiys hineto disrepute and
Dplaanyi einl tSot itghlee ch,a Mndesta o’ef mou (rV aicdev ePrrseasriideesn.”t & Community Liason) of
HHaastzhaoimr Aeur sHtraatlziaa ibr,e sliaeivde: s“H Maosshhoem Feeriglin's views about minority
tgor othuep sc hina rIasrcateerl aorfe t hdeiv Jiseiwveis ahn Sdt adteet.r iWmehnilstat lhe has the right to
farnede dwoomu lodf lsikpee teoc hh,ig whelig chotn tdheem fanc th tish avti ethwesse are not the views of
Amuasintrsatlrieaanm Jewry and the larger Israeli
sSohciriae tAy.p”pelboom, Federal Mazkira (Chairperson) of Netzer
Amuasrgtrianlaiali,s seadi dg:r o“Muposs hine IFseraigelli ng'so edsis aregsapinesctt Nfoertzer Australia's
faulln hduammaenn tlaifle b. eTlhieofus ginh ehqeu ias lietyn taitnledd r teos pheisc vt ifeowr s, we strongly
bpeelaiecvee a tnhdey are an obstacle to the pursuit of
democracy in
IBsrriaaenl .S” amuel, President of Progressive Judaism Victoria, said: “We
taor eMceolbnocuerrnnee.d Haeb oisu taM drisFruepigtilvine’s pveirssiton in the Jewish world
HP EXHIBIT 286
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Statement on Moshe Feiglin's Visit to Australia - New Israel Fund Australia
https://www.nif.org.au/statement_on_moshe_feiglins_visit_to_australia
Article in the Australian Jewish News:
(https://d3n8a8pro7vhmx.cloudfront.net/nifau/pages/626/attachments/original/1444348124/Feiglin.jpg?
1444348124)
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Hebrew graffiti at Jerusalem monastery threatens Christians
https://religionnews.com/2016/01/17/hebrew-graffiti-at-jerusalem-monastery-threatens-christians/
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Beliefs
Hebrew grafti at Jerusalem monastery threatens Christians
JERUSALEM (Reuters) The attack on a Christian holy site, possibly by Jewish ultra-nationalists, seems to up the ante from
previous incidents. "This time it amounts to a real call to murder Christians," said a church spokesman.
Israeli policemen walk near the Dormition Abbey in Jerusalem's Old City, after anti-Christian grafti was found on some of it's exteriors.
Photo by Ronen Zvulun courtesy of Reuters.
January 17, 2016
By Reuters
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Hebrew graffiti at Jerusalem monastery threatens Christians
https://religionnews.com/2016/01/17/hebrew-graffiti-at-jerusalem-monastery-threatens-christians/
Israeli policemen walk near the Dormition Abbey in
Jerusalem’s Old City, after anti-Christian grafti was
found on some of it’s exteriors. Photo by Ronen Zvulun
courtesy of Reuters.
JERUSALEM (Reuters) Israel ordered a high-priority police investigation on Sunday (Jan. 17) into anti-Christian messages
scrawled in Hebrew on the walls and doors of a Jerusalem monastery, saying they marked an assault on religious
harmony.
“Idols will be extirpated” — a line lifted from the Jewish prayer service — and “Christians Go to Hell” were among grafti
written on the Dormition Abbey with felt-tip pens. The varying handwriting suggested several vandals had been involved.
The Benedictine monastery, on Mount Zion in the Old City, marks the site where Christian tradition says Mary, the
mother of Jesus, died or “fell asleep,” as the name suggests. It is the highest point in the ancient city and is near the site if
the Last Supper as well as a tomb revered as the last resting place of the biblical King David and which draws many Jewish
worshipers.
The monastery, along with a Greek Orthodox seminary next to it, has previously been targeted by what police believe are
Jewish extremists.
The most recent attack was in 2014 shortly after the visit of Pope Francis. Earlier this month, two Israelis, including a
minor, where charged over the 2014 incident at the Dormition Abbey as well as an arson attack at a church in Galilee in
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Hebrew graffiti at Jerusalem monastery threatens Christians
https://religionnews.com/2016/01/17/hebrew-graffiti-at-jerusalem-monastery-threatens-christians/
the northern part of the country.
“This time it amounts to a real call to murder Christians,” a spokesman for the Church of the Dormition, Wadi Abu
Nassar, told Agence France-Presse on Sunday.
“We will not let anyone undermine religious coexistence in Israel,” Internal Security Minister Gilad Erdan said in a
statement, adding that police would put a high priority on “nabbing those who carried out this despicable act.”
Rabbi David Rosen, Jerusalem-based head of interreligious affairs for the American Jewish Committee, also urged
authorities to nd the perpetrators and prevent further incidents: “There must be zero tolerance for such vile acts of
hate.”
“Once again, we are compelled to condemn vandalism of Christian holy sites in Israel, mindful that such acts of hatred
not only threaten Christians, but also are a reprehensible affront to our Jewish heritage and contravene Israel’s enduring
commitment to respect for other religious faiths,” Rosen said in a statement.
Israel has been struggling with a spate of hate crimes by suspected Jewish ultra-nationalists targeting Christian sites as
well as Palestinians and Israeli human rights activists.
In a statement, the Latin Patriarchate of Jerusalem described the Dormition Abbey as “a signicant place for
interreligious dialogue between Judaism and Christianity” and voiced “hope that the perpetrators (of the vandalism) will
be arrested before they put proposed threats into action.”
Jerusalem’s Old City, which Israel captured in the 1967 war and annexed in a move not recognized abroad, has been on
heightened security alert during a months-long wave of Palestinian street violence, with wall-to-wall security camera
coverage and paramilitary police patrols.
(Reuters and RNS)
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Christian holy site in Jerusalem vandalised | Religion News | Al Jazeera
https://www.aljazeera.com/news/2016/1/17/christian-holy-site-in-jerusalem-vandalised
News | Religion
Christian holy site in Jerusalem vandalised
The graffiti included threats of violence, messages degrading Jesus, and a call for
Christians to “go to hell”.
A monk points out where grati was written near Dormition Abbey in the Old City of Jerusalem [Abir
Sultan/EPA]
A landmark Christian holy site in Jerusalem was vandalised with Hebrew
graffiti in what appears to be the latest attack by “extremist” Jews.
Police spokeswoman Luba Samri said anti-Christian slogans were found on
Sunday on the outer walls of the Dormition Abbey, a Benedictine monastery
17 Jan 2016
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just outside Jerusalem’s Old City where Christian tradition says the Virgin
Mary died.
KEEP READING
The graffiti included threats of violence, messages degrading Jesus, and a call
for Christians to “go to hell”.
Police were investigating but suspicion immediately fell on Jewish “extremists”
who have for years vandalised Palestinian property, as well as mosques,
churches, the offices of dovish Israeli groups – and even Israeli military
bases. The so-called “price tag” attacks seek to exact a cost for Israeli steps
seen as favouring the Palestinians.
That attacks have prompted widespread condemnation and pledges by
Israel’s government to get tougher on Jewish vigilantes.
Israel’s Minister of Public Security Gilad Erdan said he has instructed police
to give the vandalism case top priority.
“We will not allow anyone to undermine the coexistence between religions in
Israel. We will show zero tolerance to whoever harms the democratic foundations
of Israel and its freedom of religion, and we will apprehend those who
carried out this heinous act,” he said.
Prime Minister Benjamin Netanyahu also condemned the vandalism.
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https://www.aljazeera.com/news/2016/1/17/christian-holy-site-in-jerusalem-vandalised
The Benedictine abbey is a popular site for pilgrims and tourists. It has been
damaged several times in recent years.
SOURCE: AP
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Israeli teens arrested for defacing church with anti-Christian graffiti | The Times of Israel
https://www.timesofisrael.com/israeli-teen-arrested-for-defacing-church-with-anti-christian-graffiti/
Two Israeli minors were arrested Tuesday on suspicion of vandalizing a Jerusalem church with anti-Christian grafti
late last week, police said Wednesday.
The suspect, who are 16 and 15 years old, were set to be arraigned in court Wednesday.
The Dormition Abbey was spray-painted with anti-Christian grafti overnight Saturday, the latest in a series of hate
crimes against Christians and churches in Israel in recent years.
Israeli teens arrested for defacing church with
anti-Christian grati
‘Christians to hell’ and ‘Death to the heathen Christians’ were scrawled on the walls of Jerusalem’s Dormition Abbey
By RAOUL WOOTLIFF
20 January 2016, 11:33 am
Anti-Christian grati found on the walls of Jerusalem's Dormition Abbey reads 'Death to the heretical Christians, the enemies of Israel,' January 17, 2016. (The Dormition Abbey)
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Israeli teens arrested for defacing church with anti-Christian graffiti | The Times of Israel
https://www.timesofisrael.com/israeli-teen-arrested-for-defacing-church-with-anti-christian-graffiti/
“Christians to hell” and “Death to the heathen Christians, the enemies of Israel” were among the slogans painted on
the walls of the Benedictine monastery, which lies just outside the capital’s Old City. “The revenge of the people of
Israel is yet to come,” read another epithet written next to a depiction of a bloody sword.
“Despite promises by the government, these incidents continue to happen,” Wadia Abu Nasser, the executive director
of the Assembly of Catholic Bishops in the Holy Land, railed Sunday morning. “If we were to actually count all of
these incidents, they’d be in the hundreds.
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“We have limited resources at our disposal. It’s the state’s responsibility to not only apprehend these perpetrators,
but to make the necessary changes in the education system to educate against this sort of thing,” he told Army Radio.
Nasser also called on rabbis to speak out against the recurring hate crimes. “It’s time they stopped hiding behind
politics,” he said.
Prime Minister Benjamin Netanyahu condemned the attack.
Dormition Abbey, which is located right next to the Cenacle — a compound that Jews revere as the site of King David’s
Tomb and Christians as the room of the Last Supper — outside Zion Gate, was the site of grafti attacks in 2012 and
2013. In 2014, hours after Pope Francis celebrated mass at the abbey, arsonists set re to the compound, causing
minor damage to its structure.
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Wadie Abunassar
about 7 years ago
New act of vandalism against Christians in Jerusalem!
Last night, Hebrew-graffiti were found on walls and doors of “Dormition Abbey” (Mount Zion,
Jerusalem) not only against Jesus, but also calling for slaughtering Christians and sending
them to hell!
Until when these acts will continue to take place?!
!عمل تخریبي جدید ضد المسیحیین في القدس
كتبت عبارات باللغة العبریة اللیلة الماضیة على جدران وأبواب دیر "رقاد العذراء" (الدورمیتسیون، على جبل صھیون في القدس)
لیس فقط ضد السید الم ... See more
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Israeli teens arrested for defacing church with anti-Christian graffiti | The Times of Israel
https://www.timesofisrael.com/israeli-teen-arrested-for-defacing-church-with-anti-christian-graffiti/
Dormition Abbey in Jerusalem (Andrew Shiva/Wikipedia CC BY-SA 4.0)
In recent years, Israeli nationalist vandals have targeted mosques and churches, in addition to Palestinian private
property, on dozens of occasions — including the Church of the Multiplication of the Loaves and Fishes, in northern
Israel, which was badly damaged by arson in 2015.
Tamar Pileggi contributed to this report.
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Israel & the Region ·Israel Inside ·price tag attacks ·Dormition Abbey ·hate crimes ·vandalism ·churches in Israel ·Pope Francis in Israel
·Mount Zion ·Jewish extremism ·Zion Gate ·graffiti ·Israel Police ·Gilad Erdan ·King David's Tomb ·Last Supper
·Church of the Multiplication of the Loaves and Fishes ·Ahmad Tibi
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DE David Maeir Epstein
20 January, 2016
agree with you completely
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
News
Israel removes key sites from Jerusalem’s Old City Map
Israeli ministry’s map of Jerusalem’s Old City marks historically unimportant sites
and omits key non-Jewish holy sites.
The Israeli tourism ministry's official Old City map erases important Muslim and Christian holy sites and entire
neighbourhoods around the historic basin [Harvey Meston/Getty Images]
By Nigel Wilson
Jerusalem – In groups of twos, threes and families, visitors shuffled towards
the ticket booth at the City of David archaeological park. Sunscreen
was reapplied, mineral water sipped, and shekels exchanged for paper tickets.
12 Jun 2016
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
It is a typical touristic scene that plays out thousands of times daily across
Jerusalem. But the City of David park, located in the heart of a Palestinian
neighbourhood in East Jerusalem, is not a regular attraction.
It is a touristic settlement managed by Elad, a private political
organisation that facilitates the purchase and takeover of Palestinian homes
in the Old City and occupied East Jerusalem in an effort to increase Jewish
settlement.
The City of David site features prominently, in large, bold red letters, on the
Israeli tourism ministry’s official Old City map, which is distributed free of
charge at official tourist information centres in Jerusalem.
But the nearby al-Haram al-Sharif, or the Noble Sanctuary, a 14-hectare compound
that comprises Islam’s third holiest site, al-Aqsa Mosque, as well as the
Dome of the Rock, is only referred to by its Jewish name: the Temple Mount.
Although these major tourist attractions have always been promoted in most
touristic literature about Jerusalem, al-Aqsa Mosque is illustrated on the official
Old City map – albeit anonymous – while the Dome of the Rock is mentioned.
Meanwhile, dozens of sites of questionable historical importance,
many of them Jewish settlements in the Muslim and Christian quarters of the
Old City, are highlighted by the mapmakers in an “Old City Legend” numbered
guide.
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
The map labels dozens of historically unimportant sites while omitting key non-Jewish holy sites in its ‘Old City
Legend’ key [Nigel Wilson/Al Jazeera]
Among 57 numbered sites, almost half are buildings occupied by Jews in the
Muslim quarter of the city, many unknown to licensed tour guides. A number
of yeshivas, Jewish religious schools, as well as synagogues purchased by
Jews in the Muslim quarter of the Old City, are managed by the Ateret
Cohanim organisation, a right-wing nonprofit organisation that seeks to replace
Palestinian residents of the city with Jewish-Israeli settlers.
Like Elad, Ateret Cohanim is a nationalistic settler group. In recent years, it
has pursued a legal campaign to evict Palestinian families from their homes
in the Old City in order to replace them with Jewish families.
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
“There are a bunch of sites that are not only historically unimportant, but that
are run by settlers,” said Betty Herschman, director of international relations
and advocacy at Ir Amim, an Israeli human rights NGO that gives tours of
East Jerusalem to diplomats and other parties.
“That is to the detriment of historically relevant Christian and Muslim sites,
which you would think would be far more prioritised on a map of the Old
City, the hub of the three major monotheistic religions.”
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
One licensed Jerusalem tourist guide, who did not want to disclose his name,
noted that the map favoured Jewish sites regardless of their touristic value
and appeared religiously skewed.
“When I saw it, I thought it was a map for only Jewish tour groups,” he told Al
Jazeera, surprised to learn that it was being distributed at the main tourist information
centre by Jaffa gate. “The narrative it shows is quite exclusive to
one religious group.”
While buildings like Beit Wittenberg, Beit Danon and Beit Eliyahu feature
among the list of 57 sites, there is no room on the list of the numbered sites
for the Church of St Anne or the Church of the Redeemer, although the latter
is on the map with a tiny, hard to find name.
This map, in addition to erasing
important Muslim and Christian holy
sites in the Old City, completely erases
entire neighbourhoods around the historic
basin, supplanting them not only with
Hebrew names but with the names of
settlements.
BETTY HERSCHMAN, ISRAELI NGO DIRECTOR
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
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Aziz Abu Sarah, a Jerusalemite who cofounded Mejdi Tours, told Al Jazeera
that the exceptions do not make sense from a business perspective. “I think
that a lot of Israeli tour operators and tour guides, even right-wingers, would
agree with me that a touristic map should show the treasures of the city,” said
Abu Sarah.
“I grew up in Jerusalem. St Anne’s Church, which I think is one of the most
amazing places, is not on the map. There are many Christians coming to
Jerusalem, and they are going to get a map that doesn’t identify their holy
sites. It’s not a smart decision.”
The Israeli Ministry of Tourism defended the map when contacted by Al
Jazeera. “The map, which was produced in cooperation with tour guides and
took into account their recommendations and the vast knowledge they have
accumulated, is useful and convenient, listing the main tourist sites,” the ministry
said in a statement.
However, Abu Sarah suggested that the inclusion of certain sites inside and
outside the Old City walls seemed to promote a Jewish nationalistic representation
of East Jerusalem.
“Politically speaking, it adds sites that are controversial, like the settlements
in East Jerusalem, and I think that makes it political and one-sided. In many
ways, there is a national narrative, and perhaps this is where the national narrative
is going.”
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
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READ MORE: Israel’s ‘gun guards’ terrorise East Jerusalem
Indeed, the Palestinian neighbourhoods outside the Old City walls are absent
on the map, apart from Ras al-Amud, while Jewish-only settlements built in
those neighbourhoods are represented.
The City of David is easily spotted, but the neighbourhood of Silwan that surrounds
it is not labelled. Palestinian communities, including At-Tur, Wadi al-
Joz and Issawiya do not appear, but the settlement of Maale Har Hazeitim is
labelled with the Star of David.
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
“This map, in addition to erasing important Muslim and Christian holy sites
in the Old City, completely erases entire neighbourhoods around the historic
basin, supplanting them not only with Hebrew names but with the names of
settlements,” Herschman told Al Jazeera.
These settlements, added Herschman, are built by radical settlers within the
heart of Palestinian neighbourhoods; namely, Bet Orot, a community of 150
settlers living in the Palestinian neighbourhood of At-Tur, that does not even
appear on the map.
Maintaining the Palestinian identity of East Jerusalem is a crucial plank in
the “two-state solution” to the Israeli-Palestinian impasse as the neighbourhoods
would form the capital of a future Palestinian state. In this context, the
settlements are seen as an attempt to disrupt Palestinian territorial contiguity
in East Jerusalem in order to ruin Palestinian plans to have East Jerusalem as
its capital city.
“The map is legitimising private settlement around the historic basin,”
Herschman told Al Jazeera.
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Israel removes key sites from Jerusalem’s Old City Map | News | Al Jazeera
https://www.aljazeera.com/news/2016/6/12/israel-removes-key-sites-from-jerusalems-old-city-map
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“This is a form of consolidating Israeli control of arguably the epicentre of the
most critical point of Jerusalem – which is itself the epicentre of the
Palestinian-Israeli conflict. So there are extremely important political consequences
involved.”
SOURCE: AL JAZEERA
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Israel Corrects Jerusalem Tourism Map That Omitted Al-Aqsa Mosque, non-Jewish Sites - Israel News - Haaretz.com
https://www.haaretz.com/israel-news/2016-10-06/ty-article/.premium/israel-corrects-tourism-map-that-omitted-non-jewish-sites/0000017f-dbde-df9… 1/4
Palestinian women take a photo of Dome of the Rock Mosque in the Al Aqsa Mosque compound, on the third Friday of
the Muslim holy month of Ramadan, in Jerusalem's old city, Friday, July 3, 2015. Credit: AP
Israel News
Israel Corrects Jerusalem Tourism Map That Omitted
Al-Aqsa Mosque, non-Jewish Sites
New map includes Via Dolorosa, St. Anne’s Church, omits sites aliated
with controversial Jewish organization.
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Losing Grip on All Other Fronts
Nir Hasson
Oct 6, 2016 Follow
The Tourism Ministry has in recent weeks quietly replaced a visitors’ map of
Jerusalem that was criticized for omitting major non-Jewish sites.
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Israel Corrects Jerusalem Tourism Map That Omitted Al-Aqsa Mosque, non-Jewish Sites - Israel News - Haaretz.com
https://www.haaretz.com/israel-news/2016-10-06/ty-article/.premium/israel-corrects-tourism-map-that-omitted-non-jewish-sites/0000017f-dbde-df9… 2/4
Without acknowledging a problem with the previous version, the ministry is
now providing tourists with a new map that identies the Al-Aqsa Mosque
on the Temple Mount and important churches. In addition, it no longer
denotes Jewish enclaves in predominantly Palestinian neighborhoods of East
Jerusalem.
Haaretz reported on the previous map in April, which was distributed by the
ocial tourism oce at Jaa Gate in the Old City. As well as denoting almost
only Jewish sites, it was full of errors and disregarded non-Jewish locations
in the city.
It included 25 synagogues, yeshivas and other Jewish buildings in the Old
City, most of which were connected to Ateret Cohanim, an organization that
has promoted moving Jews into predominantly Palestinian neighborhoods
of the city.
The previous map noted a number of buildings with a Jewish presence in the
Old City’s Muslim Quarter — most of them purchased through the Ateret
Cohanim organization — but omitted major Christian sites including the Via
Dolorosa. It also omitted Muslim locations other than the Dome of the Rock.
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Fearing for Coexistence, Jaa Residents Fight Eort to Judaize City
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Israel Corrects Jerusalem Tourism Map That Omitted Al-Aqsa Mosque, non-Jewish Sites - Israel News - Haaretz.com
https://www.haaretz.com/israel-news/2016-10-06/ty-article/.premium/israel-corrects-tourism-map-that-omitted-non-jewish-sites/0000017f-dbde-df9… 3/4
In its response to the initial Haaretz report, the Tourism Ministry said it
stood behind the publication of the map. However, that map has now been
replaced by the revised version, which reects tourist sites in a more
balanced manner.
Buildings associated with Ateret Cohanim are not noted in the new map, but
other locations — including the stations of the cross along the Via Dolorosa
and Muslim sites, including Al-Aqsa Mosque — have been added.
The new map also includes corrections and eliminates the designation of the
Temple Mount as Mount Moriah — a term not in regular English-language
usage in modern times.
Beyond the Old City walls, the names of the Jewish enclaves at Ma’aleh
Zetim and Beit Orot have been omitted and important churches on the
Mount of Olives and Mount Zion added.
The corrected visitor's map of Jerusalem the Tourism Ministry issued after the former was criticized for omitting major
non-Jewish sites. Credit: Haaretz Infographics
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Israel Corrects Jerusalem Tourism Map That Omitted Al-Aqsa Mosque, non-Jewish Sites - Israel News - Haaretz.com
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Daniel Seidemann, a lawyer who has been involved in advocating on behalf
of Palestinians in Jerusalem, welcomed the revision. “Someone at the
ministry has come to their senses,” he said. “The previous map made us an
object of ridicule for visitors and raised unpleasant questions over Israel’s
policy in Jerusalem.”
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Israeli tourism maps aim to shape Jerusalem narrative | Conflict | Al Jazeera
https://www.aljazeera.com/features/2016/12/28/israeli-tourism-maps-aim-to-shape-jerusalem-narrative
Features | Conict
Israeli tourism maps aim to shape Jerusalem narrative
Although new version is more inclusive than controversial older map, it erases the
Palestinian neighbourhood of Silwan.
The new version, recently released by Israel's tourism ministry, is slicker and enlarges some of the key holy
sites that draw millions of visitors to Jerusalem each year [Getty Images]
ByNigel Wilson
Jerusalem – Running a finger over a new tourist map of Jerusalem’s Old
City, Husam Jubran counted a number of cultural and holy sites and compared
them with an old version of the map, both issued by Israel’s tourism
ministry.
28 Dec 2016
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Israeli tourism maps aim to shape Jerusalem narrative | Conflict | Al Jazeera
https://www.aljazeera.com/features/2016/12/28/israeli-tourism-maps-aim-to-shape-jerusalem-narrative
Side by side, the maps are starkly different. The old version, released earlier
this year, was heavily criticised for promoting an Israeli-settler narrative of
the Old City and its environs.
KEEP READING
It featured a crowded design and a key listing 57 sites across the Old City and
surrounding neighbourhoods. Most of the labelled sites were of little interest
to tourists, including yeshivas, or centres for the study of the Torah, and
buildings managed by radical Jewish settler organisations. At the same time,
the key failed to locate important holy sites for Christian and Muslim visitors,
including al-Aqsa Mosque and the Stations of the Cross.
The new version, recently released by Israel’s tourism ministry, is slicker and
enlarges some of the key holy sites that draw millions of visitors to Jerusalem
each year.
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The old version, released earlier this year, was heavily criticised for promoting an Israeli-settler narrative of the
Old City [Nigel Wilson/Al Jazeera]
“You have all the Christian sites, all the Muslim sites – they are even avoiding
the controversial words like Temple Mount/Haram al-Sharif, which I think is
good,” said Jubran, a tour guide who has worked in Israel and the Palestinian
territories since 1999.
Examining the old map beside the new one, Jubran noted that the new map
was a “huge improvement”.
“It is more inclusive … I doubt any Palestinian guide would willingly give the
old map to tourists,” he added. “It lists sites that Palestinians consider
settlements.”
The updated map highlights Al-Aqsa, the route of the Stations of the Cross
and the Church of St Anne, while removing sites associated with right-wing
settler organisations such as Ateret Cohanim, which aims to replace
Palestinian residents of the city with Jewish settlers.
Without acknowledging a problem with the old version, Israel’s tourism ministry
told Al Jazeera that it had run out of stock of the old map and began to
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distribute the new one instead.
The updated map highlights sites such as Al-Aqsa Mosque, while removing sites associated with right-wing
settler organisations [Nigel Wilson/Al Jazeera]
However, spokeswoman Lydia Weitzman said that the map highlighting al-
Aqsa and removing some settler sites was “only a temporary version”, noting:
“The tourism ministry is currently working on a new version for printing and
distributing to tourists and visitors to the Old City.”
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Weitzman declined to respond to further queries on the matter, including
whether the next version of the map would be closer to the older, more controversial
version.
Although the version currently being distributed is more inclusive than the
old one, the representation of the City of David Park is still problematic, said
Ir Amim, the Israeli human rights NGO which gives tours of occupied East
Jerusalem.
While the park is part of Israel’s national parks network, the daily management
of the site has been contracted out to Elad, a private organisation that
works to buy and take over Palestinian homes in East Jerusalem and to settle
Jewish families in their place.
The park is located in the Palestinian neighbourhood of Silwan, but this community
is not represented at all on the map. Instead, the City of David Park
appears to be surrounded by open green space.
“What is most egregious is the omission of Silwan, because there is just empty
space where Silwan is. It makes it look as though they have eradicated the
neighbourhood, supplanting it with City of David, which is a settler-run tour-
It literally obscures the fact that the park
is located in a Palestinian neighbourhood.
It not only erases their narrative, but
obscures their very existence.
BETTY HERSCHMAN, DIRECTOR OF INTERNATIONAL RELATIONS AND
ADVOCACY AT IR AMIM
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ist site,” Betty Herschman, the director of international relations and advocacy
at Ir Amim, told Al Jazeera.
“It literally obscures the fact that the park is located in a Palestinian neighbourhood.
It not only erases their narrative, but obscures their very
existence.”
In October, UNESCO, the UN’s world heritage agency, adopted a resolution
that criticised Israeli policies in Jerusalem, including Israel’s failure to stop
excavation works in and around the Old City.
UNESCO also criticised Israel for approving a number of East Jerusalem
tourist projects run by settler organisations, including the Kedem Centre, a
controversial plan advanced by Elad to build a massive visitor centre in
Silwan across the street from the City of David Park. Herschman warned that
this plan was designed to entrench the presence of settlers within Silwan,
while marginalising Palestinian residents.
“You have City of David on one side of the street and then you’re going to
have another massive Elad-run operation – the Kedem Compound – on the
other, functioning like a gatepost to Silwan,” she said. “Visitors won’t go past
there, they won’t see Silwan, they won’t see the grievous condition which the
neighbourhood is in; poverty rate near 80 percent, no schools, no sidewalks,
leaving children to walk on the street. They won’t see all of that.”
SOURCE: AL JAZEERA
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Israeli Cabinet meets in Western Wall tunnels, approves Old City elevator - Jewish Telegraphic Agency
https://www.jta.org/2017/05/28/israel/israels-cabinet-meets-in-western-wall-tunnels-approves-old-city-elevator
Israeli Cabinet meets in Western Wall tunnels, approves Old
City elevator
MAY 28, 2017 12:31 PM
Israeli Prime Minister Benjamin Netanyahu gesturing in the Western Wall tunnels before the start of a special weekly Cabinet in Jerusalem, May
28, 2017. (Kobi Gideon/GPO)
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JERUSALEM (JTA) — Israel’s Cabinet held its weekly meeting in the Western Wall tunnels to mark the 50th anniversary of the
reunification of Jerusalem.
“In this place King Solomon built the First Temple. In this place, the Babylonian exile built the Second Temple and after the
destruction of the Second Temple, this place was the focal point of the longing of our people for generations,” Prime Minister
Benjamin Netanyahu said Sunday at the start of the meeting. “Thousands of years passed, the people of Israel returned to their
land, established their state and built their united capital.”
ISRAEL
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During the meeting, the Cabinet approved a plan to build an elevator from Jerusalem’s Jewish Quarter to the Western Wall that
would allow more accessibility for handicapped people to the holy site. The Cabinet also approved the construction of a cable car
to the Dung Gate near the Western Wall in the Old City from the center of the city.
The elevator and a pedestrian tunnel at its foot is estimated to cost $14 million.
The Cabinet also approved a five-year budget to develop the area around the Old City and to improve health, culture, welfare and
education services in the city of Jerusalem, including eastern Jerusalem.
The Ruderman Family Foundation praised the Cabinet decision to build the elevator and make the Western Wall more accessible
to people with disabilities.
“The Government of Israel made the right decision today to make Judaism’s holiest site, the Western Wall, accessible to people
with disabilities by voting to build an elevator and passageway,” said Jay Ruderman, president of the Ruderman Family
Foundation, in a statement. “For far too long, these ever-important sites were not completely accessible for people with
disabilities, who account for twenty percent of the population. This decision will now ensure freedom to worship for all.”
Tourism Minister Yariv Levin praised the approval of the cable car, which he said would make the Western Wall more accessible
to the 130,000 visitors to the site each week. The cable car, which will be operational by 2021, will be able to serve up to 3,000
people per hour.
“The future cable car will change the face of Jerusalem, allow easy and convenient access for tourists and visitors to the Western
Wall and will serve as an exceptional tourist attraction. There is no more appropriate and exciting time than this – 50 years since
the reunification of Jerusalem – to launch this revolutionary project,” he said in a statement.
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Netanyahu Returns to the Western Wall Tunnels, the Bedrock of His Political Existence - Israel News - Haaretz.com
https://www.haaretz.com/israel-news/2017-05-28/ty-article/netanyahu-returns-to-the-bedrock-of-his-existence/0000017f-f96c-d318-afff-fb6f27040…
Benjamin Netanyahu's cabinet meets in the Western Wall Tunnels, May 28, 2017. Credit: Emil Salman
Israel News
Netanyahu Returns to the Western Wall Tunnels, the
Bedrock of His Political Existence
The Western Wall Tunnels symbolized the chronic chaos of Netanyahu’s rst
government. Today he’s returning there for a cabinet meeting – more
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condent than ever
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Anshel Pfeer
May 28, 2017 Follow
Israel's government is holding its weekly ministerial meeting on Sunday in
the Western Wall Tunnels. Benjamin Netanyahu's cabinet is taking a break
from the stuy meeting room in the Prime Minister’s Oce, as it does every
few months, and going on a eld trip. The location is not surprising as it’s the
Six-Day War's 50th anniversary, and while even Donald Trump wouldn't
allow Israeli ocials to accompany him to the Western Wall (as the world
doesn’t recognize Israel’s sovereignty over East Jerusalem), the government
is anxious to demonstrate that Israel in charge. But the venue is signicant
for other reasons, as well.
If anyone had suggested 20 years ago on the 30th anniversary of the war and
the Western Wall’s capture (or liberation if you prefer) that Benjamin
Netanyahu’s government would be holding a meeting celebrating 50 years of
“reunication” of Jerusalem inside the Western Wall Tunnels, it would have
sounded too outlandish even for satire. Twenty years ago, Netanyahu was just
ending the rst year of his rst term in oce. It had been a bumpy and
chaotic ride, strewn with casualties and mishaps. The youngest and leastexperienced
prime minister in Israel’s history was still struggling to get a grip
on the machinery of power, and the screw-ups were accumulating.
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The Real Meaning of Trump’s Western Wall Visit
Trump Exposed the Fantasy of Netanyahu's 'Undivided Jerusalem'
Temple Mount Custodian Willing to Open Muslim Holy Sites to Israelis
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Only a month earlier, he had escaped by the skin of his teeth an indictment
that would have almost certainly forced him to resign after less than a year in
oce. Then-Attorney General Elyakim Rubinstein had decided, despite the
police investigators’ recommendation, not to indict him in the Bar-On-
Hebron aair. The investigation had unearthed evidence that Netanyahu
conspired to appoint Roni Bar-On, a Jerusalem lawyer close to political
gures, as attorney general as part of a deal with Shas to support an
agreement with the Palestinian Authority where Israeli forces would pull out
of most of Hebron, leaving only a small enclave of settlers under Israeli
control. In return, Bar-On was expected to not pursue a conviction of Shas
leader Arye Dery over bribery charges.
Rubinstein ruled that the evidence against Netanyahu was inconclusive and
indicted only Dery, but the “public report” he published on the case was
damning enough for some senior Likud ministers to publicly consider
resigning and calling for the prime minister to step down. They backed down,
but it was the culmination of a bruising rst year in oce and it had all begun
in the tunnel.
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The Hebron Agreement with then-Palestinian President Yasser Arafat had
been a deal Netanyahu was avoiding. Hebron was the only major Palestinian
city that the previous governments of Yitzhak Rabin and Shimon Peres hadn’t
pulled out of, though it was in the list of cities Israel had committed to
handing over to the Palestinian Authority in the Oslo II Accord. Hebron, with
its Tomb of Patriarchs and millenia of Jewish history. Hebron, the only
Palestinian city with settlers living inside it. Though he had fought it tooth
and nail as leader of the opposition, Netanyahu was committed now as prime
minister to fullling the Oslo Accords. He was committed as well to his rightwing
base not to budge from the “City of the Forefathers.”
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Two-and-a-half months after taking oce, Netanyahu met with Arafat for
the rst time at the Erez Crossing. It was a frosty meeting, and nothing was
agreed upon. The Palestinians demanded an Israeli pullback from Hebron and
had Oslo in their favor. Netanyahu prevaricated; the breakthrough was to
come elsewhere.
Benjamin Netanyahu in the Western Wall Tunnels, February 28, 2015. Credit: Marc Israel Sellem
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The Western Wall Tunnels, a series of subterranean spaces excavated for
decades by archaeologists – extending north from beneath today’s Western
Wall plaza, exposing the foundations of the Second Temple compound built
by King Herod, as well as other earlier buildings from ancient Jewish
Jerusalem – was an ongoing source of tension between Israelis and
Palestinians. The tunnels ran under the houses of today’s Muslim Quarter and
though the excavations never extended under Temple Mount, the
Palestinians continuously claimed that the “the Jews” were digging under the
Haram al-Sharif mosques to weaken their foundations and eventually destroy
them.
From the mid-1980s tourists were allowed in to the tunnels but passage there
was often cramped due to the single entrance from the Western Wall Plaza.
The furthest point of the tunnels reached the Via Dolorosa in the Muslim
Quarter. Opening up an exit to the street would be a simple act of knocking
through 80 centimeters of brick and plaster, but the smallest construction
around Temple Mount needs authorization from the very top.
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Rabin had authorized it, in principle, but ordered to wait for a more
convenient time, when it would not jeopardize talks with the Palestinians.
Peres had ruled the same. So had Netanyahu when he took oce in June 1996.
Three months later, however, the directive was reversed and Netanyahu
ordered Muslim Quarter's tunnel exit opened on September 24, the night
after Yom Kippur. Netanyahu triumphantly called the tunnel “the bedrock of
our existence.”
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None of those involved agree on the sequence of events. Then-Defense
Minister Yitzhak Mordehai claimed he was notied only a few hours in
advance and not consulted on the implications. The Waqf, the Muslim
religious trust that manages the Haram al-Sharif mosques, denied they were
notied, much less that they gave any approval. Netanyahu has never given a
public account of the events, but sources close to him have blamed then-
Jerusalem Mayor Ehud Olmert for orchestrating the event and former Shin
Bet Chief Ami Ayalon for saying that it would not lead to serious
Benjamin Netanyahu at the Western Wall Tunnels, May 28, 2017. Credit: @Ofirgendelman / Israeli Prime Minister's
Spokesperson
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repercussions from the Palestinians. Olmert, who at the time as mayor was
much more right-wing than he was during his future tenure as prime
minister, also blames Ayalon for giving the OK. Ayalon insists that his
professional opinion was that opening the tunnel was possible but only under
the right circumstances.
The only undisputed truth is that the tunnel's exit was opened that night on
Netanyahu’s orders. The next day, Arafat seized upon the incident as a
desecration of Haram al-Sharif and called upon Palestinians to respond in
force. Over the next three days, open warfare broke out between Palestinian
security forces and the IDF across the West Bank and the Gaza Strip. The
ferocity of the ghting – and the fact that the Palestinian police with whom
they had been carrying out since the Oslo Agreements joint patrols – were
now ring on them caught the IDF by surprise, and they responded with
overwhelming repower. In three days of ghting, 17 Israelis and 100
Palestinians were killed until an uneasy truce was established.
The “Tunnel Riots” were Netanyahu’s rst major blunder and put in to
motion a sequence of events where U.S. President Bill Clinton summoned
Netanyahu and Arafat to an emergency summit in Washington, where
Netanyahu was pressured into agreeing in principle to pull back from Hebron.
The Hebron Agreement itself was hammered out in four months, and the
right's staunch opposition led to Netanyahu’s courtship of Shas and the Bar-
On-Hebron scandal and investigation. The events leading from the hasty
opening of the tunnel, through the bloodshed, Netanyahu’s capitulation in
Washington, the abortive appointment of an attorney general and the rst
corruption investigation of a sitting prime minister remain the abiding
memories of Netanyahu’s rst year in oce.
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Today Netanyahu is back at “the bedrock of our existence” with his fourth
government. Ironically, the only minister around the table today who served
in the rst Netanyahu government is Tzachi Hanegbi, then the Justice
Minister who signed o on the Bar-On appointment. Dery, who in 1996 was
forbidden from serving as a minister due to his rst indictment will also be
there today as interior minister, a rehabilitated ex-con.
There will be much talk at the festive cabinet meeting of the symbolism of the
venue at the heart of the Eternal Unied Capital. Many in the deep tunnel
under Jerusalem, however, will be reecting on the symbolism of
Netanyahu’s longevity. Twenty years later, he is still there. Olmert is in
prison. Arafat is dead. Clinton has long ago left the White House and now
nally Netanyahu has a Republican in the Oval Oce. A U.S. president who
visited just last week and didn’t once mention a Palestinian state. All the
political rivals who in 1997 were waiting his imminent downfall have long ago
retired from politics. True, Netanyahu once again has corruption charges
looming over him, but he is condent that once again the attorney general
will hesitate before indicting a sitting prime minister. Meanwhile this
weekend he was back ahead again in the latest polls, with a healthy margin
over his latest challenger, Yair Lapid and a stable majority for his right-wingreligious
coalition. Netanyahu is back at the bedrock of his existence.
Netanyahu meeting Yasser Arafat in the Gaza Strip, 1997. Credit: © Jim Hollander / Reuters
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Palestinians throw stones at Israeli soldiers in Bethlehem, West Bank, 1996. Credit: Alon Ron
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Jerusalem's Church of Holy Sepulchre Closes in Protest Amid Row With Israel - Israel News - Haaretz.com
https://www.haaretz.com/israel-news/2018-02-25/ty-article/jerusalems-church-of-holy-sepulchre-closed-indefinitely-in-protest-of-israeli-bill-city-tax-… 1/5
Greek Orthodox Patriarch Theophilos III (center), Custos Francesco Patton (ledt) and Armenian Patriarch Nourhan
Manougian. Credit: Mab-CTS
Israel News
Jerusalem's Church of Holy Sepulchre Closes in Protest
Amid Row With Israel
After rare move by heads of churches in Jerusalem in protest of legislation to
expropriate church lands, ministers postpone debate on bill
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Preoccupied With Judicial Coup, Netanyahu's Coalition Is
Losing Grip on All Other Fronts
Jonathan Lis and Nir Hasson
Feb 25, 2018
In a rare move, the Church of the Holy Sepulchre was closed on Sunday until
further notice in protest of Israeli government legislation and new city tax
policy. The decision was announced on Sunday by the churches sharing the
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management of the property, the Greek Orthodox, Roman Catholic and the
Armenian Apostolic.
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The heads of Christian churches in Jerusalem announced the move as the
Knesset's Ministerial Committee for Legislation was set to discuss a bill that
would allow the state to expropriate land in Jerusalem sold by the Greek
Orthodox and Roman Catholic churches since 2010. After the church was
closed, the ministerial panel decided to postpone the debate on the bill.
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The churches are also protesting the Jerusalem municipality's new policy on
municipal tax payments for church property.
>> Greek Orthodox Church Quietly Selling O Israeli Assets at Fire Sale
Prices ■ Hundreds of Orthodox Christians Protest Sale of Church Property
in Jerusalem ■ Palestinians Chant 'Traitor' at Greek Orthodox Patriarch in
Protest Against Land Sale ■ End of Church Leases Sparks Real Estate Storm
in Jerusalem
The heads of the churches - Greek Orthodox Patriarch Theophilos III, Custos
Francesco Patton and Armenian Patriarch Nourhan Manougian – released a
statement attacking the legislation and the recent move by the city, which
they labeled as a "systematic campaign against the Churches and the
Christian community in the Holy Land."
A sign on the Church of Holy Sepulchre says "enough is enough, stop the persecution of churches.' Credit: ניר חסון
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Jerusalem's Church of Holy Sepulchre Closes in Protest Amid Row With Israel - Israel News - Haaretz.com
https://www.haaretz.com/israel-news/2018-02-25/ty-article/jerusalems-church-of-holy-sepulchre-closed-indefinitely-in-protest-of-israeli-bill-city-tax-… 4/5
"The systematic campaign... reaches now its peak as a discriminatory and
racist bill that targets solely the properties of the Christian community in
the Holy Land is being promoted," the statement said. "This reminds us all
of laws of a similar nature which were enacted against the Jews during dark
periods in Europe."
The ministerial panel is set to discuss the church lands bill, which is
designed to put an end to most of the major land sales carried out by the
churches to private real estate companies. Most of the lands involved, about
500 dunams (125 acres) are in the centrally located neighborhoods of
Rehavia, Talbieh and Nayot. Some of the residents living on the land have
protested the move, which would force them to evacuate when the lease on
the land ends.
The bill would authorize the nance minister, with the approval of the
Knesset Constitution, Law and Justice Committee, to expropriate lands sold
since the beginning of the decade in return for compensation for the
companies that bought the land.
Church of Holy Sepulchre Crisis: Israel Burns Bridges With Christians
Jerusalem Churches Warn: Israel Erasing Christian Presence
Jerusalem Churches to Boycott Mayor's Event in Protest of Tax Policy
Israeli Land Sale by Orthodox Church Puts Tenants’ Homes in Danger
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The bill is quite unusual in terms of Israeli jurisprudence, and because it
applies retroactively to land sales that have been nalized. It limits the
property rights of the churches and private rms that bought the land.
Church leaders have made it clear a number of times that they consider this
a serious violation of their property rights and the status quo. Leaders have
also announced they will ght the law both legally and diplomatically.
Meanwhile, church representatives have accused Jerusalem Mayor Nir
Barkat of breaching international treaties after the municipality said it
planned to collect 650 million shekels ($186 million) in back taxes owed by
churches and international bodies with property in the city.
So far, church property has been exempt from paying property tax, but the
municipality last month said it has begun collecting municipal taxes from
oces, schools, and buildings designated for various purposes and owned
by the churches. Municipal taxes however would not be collected from places
of worship, which are exempt from taxation.
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August 19, 2018
Jordan condemns closure of Al Aqsa Mosque Friday
jordantimes.com/news/local/jordan-condemns-closure-al-aqsa-mosque-friday
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Home » Local » Jordan condemns closure of Al Aqsa Mosque Friday
By JT - Aug 19,2018 - Last updated at Aug 19,2018
AMMAN — Jordan on Friday condemned Israel’s closure of Al Aqsa Mosque/Al Haram Al
Sharif gates, and forcing Muslim worshippers and Awqaf staff to leave the venue.
State Minister for Media Affairs and Government Spokesperson Jumana Ghunaimat said
that such “condemned and rejected practices violate the sanctity of the holy site”, the
Jordan News Agency, Petra, reported.
The minister warned that such acts would affect the feelings of worshippers and all
Muslims around the world.
She added that these violations constitute a breach of Israel’s obligations as the
occupying power in East Jerusalem according to international law.
Israel’s acts also violate all international norms, which affirm respect to all places of
worship, Ghunaimat highlighted.
The minister held Israel responsible for such provocations and demanded an immediate
halt to such practices.
The spokesperson pointed out that the Kingdom was making contacts and working for the
reopening of Al Aqsa Mosque gates, adding that the officials were contacting their
counterparts in the Palestinian Authority for consultation and coordination.
Israel reported that its forces killed an Arab Israeli who attacked the occupation troops
with a knife near the mosque.
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Israel officially withdraws from UNESCO - Jewish Telegraphic Agency
https://www.jta.org/quick-reads/israels-withdrawal-from-unesco-goes-into-effect
Israel ocially withdraws from UNESCO
BY MARCY OSTER JANUARY 1, 2019 1:59 PM
The UNESCO headquarters in Paris. (Wikimedia Commons)
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JERUSALEM (JTA) — Israel’s withdrawal from UNESCO has gone into effect a year after it officially notified the international
body that it would leave.
Israel announced at the end of 2017 that it would leave the United Nations Educational, Scientific and Cultural Organization in
solidarity with the United States, whose withdrawal also became official on Tuesday.
It takes a year for the withdrawal to take effect.
Israel and the United States will remain as observer states of UNESCO.
ISRAEL
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Israel officially withdraws from UNESCO - Jewish Telegraphic Agency
https://www.jta.org/quick-reads/israels-withdrawal-from-unesco-goes-into-effect
Israel, which joined the body on Sept. 16, 1949, has nine cultural sites on UNESCO’s list of World Heritage sites, including
Masada, Acre, the White City of Tel Aviv, and the Necropolis of Beit She’arim.
In recent years, UNESCO has passed resolutions rejecting Israeli sovereignty over Jerusalem, and placed the Cave of the Patriarchs
and the Old City of Hebron in the State of Palestine on the list of world heritage sites in danger. It frequently refers to the Temple
Mount only by its Arabic name, Al-Haram al-Sharif.
Between 2009-2014, UNESCO adopted 46 resolutions against Israel; 1 on Syria; and none on Iran, Sudan, North Korea, or any
other country in the world.
UNESCO’s new director-general, Audrey Azoulay, who is Jewish, has spent the last year lobbying for Israel and the United States
to remain members.
Putin: My Jewish friends say Zelensky is ‘not Jewish’
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February 18, 2019
Jordan 'strongly condemns' Israel’s closure of Al Aqsa
Mosque
jordantimes.com/news/local/jordan-strongly-condemns-israels-closure-al-aqsa-mosque
You are here
Home » Local » Jordan 'strongly condemns' Israel’s closure of Al Aqsa Mosque
By JT - Feb 18,2019 - Last updated at Feb 18,2019
Israeli forces detain a Palestinian demonstrator during confrontations, after protesters
tried to break the lock on a gate at Al Aqsa Mosque compound in Jerusalem's Old City on
Monday, after it was closed by Israel (AFP photo)
AMMAN — Jordan on Monday condemned “in the strongest possible terms” the Israeli
closure of Al Aqsa Mosque/Al Haram Al Sharif in occupied Jerusalem and the assaults on
worshippers.
Foreign Affairs Ministry Spokesperson Sufian Qudah demanded that Israel, as the
occupying power, “act in accordance with international law and immediately reopen the
gates, respect the sanctity of the holy place, stop hampering the entry of worshippers,
withdraw its security forces from Al Aqsa Mosque and respect the feelings of
Muslims”, the Jordan News Agency, Petra, reported.
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The spokesperson also slammed the Israeli measures at Al Aqsa as “a flagrant violation
of the historical and legal status quo and Israel’s obligations under the international law
and the international humanitarian law”, holding Israel fully responsible for the safety of Al
Aqsa Mosque/Al Haram Al Sharif, Petra reported.
He stressed that the Foreign Ministry is “following up on this dangerous development
through various channels to ensure the reopening of the gates and the restoration of calm
at Al Haram Al Sharif”.
Qudah said that the ministry has lodged a protest with the Israeli foreign ministry, that
carried Jordan’s condemnation of the provocative Israeli actions against Al Haram Al
Sharif, and demanded their immediate cessation, Petra reported.
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 1/8
The Australian shearer who torched Al Aqsa Mosque in a bid
to bring on the apocalypse
ABC RN / By Joey Watson and Stan Correy for Late Night Live
Posted Fri 23 Aug 2019 at 11:30pm, updated Sat 24 Aug 2019 at 1:3 2am
Fifty years ago, a young shearer travelled from Australia to Israel to orchestrate a plot he believed
would prompt the return of Jesus Christ and usher in the end of the world.
Denis Michael Rohan started a fire which seriously damaged Jerusalem's Al Aqsa mosque — one of
Islam's holiest sites — and shook a region already shrouded in tension.
Many Muslims believed the attack had been orchestrated by Israel, and protests erupted across the
Middle East.
Carlo Aldrovandi, who researches religion, conflict and peacemaking in the region, says the political
consequences still ring today.
"It was a tremendous historical watershed," he tells RN's Late Night Live.
The political consequences of the f ire at the A l Aqsa Mosque still ring today. (Getty:
Keystone-France/Gamma-Keystone)
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 2/8
Denis Michael Rohan was arrested soon after the arson attack. (Getty: Bettmann)
Rohan, religion, and the radio
In the early 1960s Rohan was working as a shearer in Grenfell, in the central-west of New South Wales.
He had suffered a mental breakdown in the mid-60s, and did a stint at Bloomfield psychiatric hospital
in Orange.
This was where he first discovered the Radio Church of God and an American religious broadcast
called The World Tomorrow, which was syndicated on commercial radio throughout Australia.
Its presenter, Herbert W Armstrong, was known for prophesising the end of the world that would
dawn after a global war centred around Jerusalem.
In 1969, at 28 years of age, Rohan travelled to Jerusalem.
Around four months later, on August 21, he carried a thermos flask of kerosene into the Al Aqsa
mosque and started a blaze.
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 3/8
Many people galvanised to fight the fire. (Getty: Keystone-France/Gamma-Keystone)
"It has been proved that Rohan acted alone motivated largely by his own apocalyptic belief," Dr
Aldrovandi says.
"[He believed] that destroying the existing Islamic shrines and replacing them with a temple would
have brought about the advent of Jesus Christ."
The fire destroyed an 800-year-old precious pulpit, known as the Minbar of Saladin, before it was put
out.
"The damage caused by the arson was awful and it is evident when you see the photographs of the
events," Dr Aldrovandi says.
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 4/8
The fire inflicted lasting damage on the ancient mosque. (Getty: Keystone-France/Gamma-
Keystone)
Rohan was arrested the day after the fire at a kibbutz north of Tel Aviv, where he'd been learning
Hebrew since his arrival in Israel.
He told police his study of the Bible had convinced him that God wanted him to destroy the mosque.
At his trial he said he was trying to hasten the return of Jesus Christ, fulfilling the will of God
communicated to him through the Bible.
"God told me that because I have obeyed him, I will be lifted up above the Earth and God shall bring all
the maidens of Israel to me to bear offspring to God's glory," he told the court.
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 5/8
Rohan detailed his apocalyptic vision over the course of his trial. (Getty: Keystone/Hulton)
Three judges ultimately decided there was "no doubt" that Rohan was mentally ill.
He was subsequently hospitalised, and half a decade later his requests to be brought back to
Australia were granted.
Eventually, he fell back into society and little is known about the remainder of his life.
A holy site
The Al Aqsa mosque is located on a hill in the Old City of Jerusalem that for thousands of years has
been venerated as a holy site in Judaism, Christianity and Islam alike.
"The Temple Mount is the centre of of the world according to the Jewish and Islamic tradition," Dr
Aldrovandi says.
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 6/8
The Temple Mount is a holy site in Judaism, Christianity and Islam. (Getty: Mahmoud
Ibrahim/Anadolu Agency)
Muslims believe the mosque is built upon the site that the Prophet Mohammed ascended into
Heaven.
For Jews it is called the Temple Mount, the site of the ancient Temple of Solomon, which was
destroyed and rebuilt twice.
In biblical prophecy, a third restoration of Solomon's temple — the Third Temple — would mean the
return of Jesus. This is the basis of Christian Zionism.
A new era for Islamist politics
In the wake of the fire, Muslims in Jerusalem and across the world protested, often with violence.
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
https://www.abc.net.au/news/2019-08-24/denis-rohan-and-the-al-aqsa-mosque-50-years/11429332 7/8
The protests in Jerusalem often grew violent. (Getty: Rolls Press/Popperfoto )
Many Arab leaders were convinced the attack had been orchestrated by Israel.
"[Rohan's] acts were, and are still seen today by many Muslims and Palestinians, as being orchestrated
by the Israeli government," Dr Aldrovandi says.
Muslim nations came together in Morocco and unanimously agreed Israel was responsible.
The move led to the formation of the Organisation of Islamic Cooperation, an attempt to represent
this pan-Islamic sentiment and unity.
It was the first global Islamic organisation, and it
still exists today.
The "collective voice of the Muslim world", as it calls
itself, has permanent delegations to the United
Nations and the European Union.
Christian Zionism and Al Aqsa today
Dr Aldrovandi says a small minority of evangelical
Christians and Jews still have apocalyptic visions
associated with the destruction of the Al Aqsa
Mosque and the building of the Third Temple.
"A minority of Temple Mount activists believe that human action should take place in order to force a
full sovereignty over the Temple Mount," Dr Aldrovandi says.
Hear more on the political legacy of Denis
Michael Rohan
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The Australian shearer who torched Al Aqsa Mosque in a bid to bring on the apocalypse - ABC News
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"A very minute minority ... would like to build the Third Temple.
"It's very difficult to understand whether or not this entails of destruction of the existing Islamic
shrines."
The evangelical leaders of the US Christian Zionist movement also want to reclaim the Temple Mount
and have formed close alliances with Jewish religious groups.
Dr Aldrovandi says the movement is closely connected to the Trump administration.
"They were very prominent during the Bush administration and they went dormant during the Obama
era," he says.
"Now they're back with Trump because Trump relies on the evangelical bloc in electoral terms.
"If you see [the US Israel-Palestinian] peace plan now, some may argue that has been influenced to
some extent by the evangelical lobby."
Dr Aldrovandi predicts the Temple Mount will remain a source of tension in the years to come.
"It's a place that reflects on the Israeli-Palestinian conflict and at the same time the Israeli-Palestinian
conflict has an impact on Temple Mount," he says.
"The Temple Mount will remain a catalyst."
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Jerusalem: Israel approves controversial Old City cable car plan - BBC News
https://www.bbc.com/news/world-middle-east-50315910
Jerusalem: Israel approves controversial Old City
cable car plan
The Old City of Jerusalem is a Unesco World Heritage site
A controversial plan to build a cable car network in Jerusalem's Old City to
transport visitors to one of Judaism's holiest sites has been approved by
Israel's housing cabinet.
The cable cars will ferry up to 3,000 people an hour about 1.4km (0.9 miles)
from West Jerusalem to the Western Wall in occupied East Jerusalem.
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6 November 2019
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Jerusalem: Israel approves controversial Old City cable car plan - BBC News
https://www.bbc.com/news/world-middle-east-50315910
Israel's government says the project will reduce traffic congestion.
But opponents say it will damage the area's historic landscape.
They intend to petition Israel's High Court of Justice to stop it.
Emek Shaveh, an Israeli non-governmental organisation working to defend
cultural heritage, has previously warned that the cable car network will alter
the skyline of the Old City - a Unesco World Heritage site - and have a
detrimental impact on Palestinian residents of the Silwan area living under the
proposed route.
It has also alleged that the project "serves a highly political agenda" and that it
was "fast-tracked" through the planning process.
What makes Jerusalem so holy?
The Palestinian Authority and the Jordanian government - the custodian of
the compound behind the Western Wall, known to Muslims as al-Haram al-
Sharif (the Noble Sanctuary) and to Jews as the Temple Mount - have also
expressed concern about the impact on the Old City.
Why the ancient city of Jerusalem is so important
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HP EXHIBIT 300
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Jerusalem: Israel approves controversial Old City cable car plan - BBC News
https://www.bbc.com/news/world-middle-east-50315910
The Western Wall is a remnant of the site of the biblical Jewish Temple,
destroyed by the Romans almost 2,000 years ago, and attracts millions of
visitors and worshippers a year.
Before planning approval was granted on Monday, Israeli Finance Minister
Moshe Kahlon said the Western Wall was not accessible enough.
"It is impossible that heavy traffic prevents thousands of people from praying,
visiting and taking part in military and national ceremonies that are taking
place there," he added, according to the Israeli newspaper Haaretz.
Jerusalem Affairs Minister Zeev Elkin said: "This is a strategic project to
promote tourism in the Old City. Step by step, we are transforming a vision
into a new reality."
The status of Jerusalem goes to the heart of the Israeli-Palestinian conflict.
Israel regards Jerusalem as its "eternal and undivided" capital, while the
Palestinians claim East Jerusalem - occupied by Israel in the 1967 Middle East
war - as the capital of a future state.
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Jordan decries attempted arson attack on Gethsemane Church in Jerusalem
https://english.wafa.ps/Pages/Details/122261
IMPORTANT NEWS
nds Israeli settlers continue in their pogrom in the occupied territori
05/December/2020 01:41 PM
HOME REPORTS AND INVESTIGATIONS
Jordan decries attempted arson attack on
Gethsemane Church in Jerusalem
Jerusalem's Christian and Muslim holy places.
AMMAN, Saturday, December 05, 2020 (WAFA) – The Jordanian Ministry of Foreign
Affairs condemned today the attempted arson attack by an Israeli Jewish fanatic on the
Church of Gethsemane in occupied East Jerusalem yesterday.
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Jordan decries attempted arson attack on Gethsemane Church in Jerusalem
https://english.wafa.ps/Pages/Details/122261
Daifallah al-Fayez, spokesman for the ministry, described in a press statement the arson
attempt as “a heinous crime” and called on the Israeli occupation authorities to abide by
its obligations under international law as an occupying power to hold the perpetrators to
account and take all necessary measures to prevent any similar attacks in the future.
As custodian of the Muslim and Christian holy places in occupied East Jerusalem, he
said, Jordan will continue to play its role as protector and caretaker of the holy places,
stressing the kingdom's refusal of targeting the holy sites and attacks against churches in
Jerusalem, their authorities, properties, real estate or their right to run their affairs, as per
international law and the status quo.
Israel has been trying to gradually change the status quo in Jerusalem’s holy places by
interfering in or impeding the work of their local caretakers, including the Jordan-run
Islamic Waqf department, which is in charge of the Muslim holy places, including Haram
al-Sharif that includes the Dome of the Rock and Al-Aqsa Mosque.
M.N./M.K.
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UN: Israel demolished 43 Palestinian-owned structures in
two weeks, displacing 56 people, including 33 children
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Attack on Jerusalem church no isolated incident | Arab News
about:blank 1/3
Attack on Jerusalem church no
isolated incident
DAOUD KUTTAB
December 0, 2020 22:42
Short Url https://arab.news/psbte
Franciscan Father Ibrahim Faltas insects the damage after a man tried t set fire t ethsemane hurch in
Jerusalem, Dec. 4, 2020. (Reuters)
When a radical Israeli nationalist last Friday attempted to burn down one of
Jerusalem’s most iconic churches, the Church of All Nations at Gethsemane, the
act was condemned by a wide section of religious and political leaders in
Palestine and Jordan. However,Wadie Abunassar, a Haifa-based senior adviser to
the Catholic Church in the Holy Land, wondered why no Israeli leaders issued a
condemnation of the attack. He called for an investigation into the motive for this
ugly act.
As has often happened in the past, the attacker is usually exonerated as being
mentally disturbed and, therefore, what happened is referred to as an individual
act, meaning there was no external in
0uence that motivated it. A more
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Attack on Jerusalem church no isolated incident | Arab News
about:blank 2/3
contextual look at what is happening in Israel/Palestine, both in terms of political
statements (or lack thereof) as well as the impunity of such attacks, belies the
claim that there is no larger responsibility of Israeli o.cials and public leaders in
this action.
In the past few years, more than 45 religious locations have been attacked. Israeli
radicals have been /lmed and left signatures after cemeteries have been pillaged,
crosses broken, anti-Arab racist gra.ti scribbled on churches, car tires slashed,
clergy and Christian icons spat upon, and much more. ast month, a member of
the Israeli Magen ?avid Adom ambulance team who spat on Christian icons was
only /red because it was /lmed by a security camera and the video was shared
on social media.
The racism is anti-Arab, anti-Christian and, for sure, anti-Muslim. Mosques are
desecrated and worshippers are harassed daily, while many are legally prevented
by Israeli kangaroo courts from worshipping in their house of prayer without any
evidence or a chance to defend themselves.
Sta- of the Jordanian Waqf Ministry, who for decades have been managing the
144 dunums of Al-HaramAl-Sharif, are often harassed as Israeli soldiers protect
the in/ltrating radicals as they show no respect to the site and its regulations, as
speci/ed in the centuries-old status quo agreement. The status of Al-Aqsa
Mosque — Islam’s third-holiest mosque — was recon /rmed as recently as 2014 in
the understanding between S Secretary of State John Kerry, Israeli Prime
Minister :enjamin etanyahu, and Jordan’s King Abdullah. The Jordanian
monarch’s family members have been the custodians of the mosque since the
early 1900s, long before the state of Israel existed.
Anti-Christian and anti-Muslim racism is not restricted to actions against holy
places and worshippers — it has even been codi/ed in Israeli law. The 2018
“nation state” lawwas used to justify discrimination against two Arab children
from Karmiel, who asked for compensation to travel to another town because
there were no Arabic-language schools where they lived. “This is a Jewish city,”
proclaimed the Israeli court when justifying rejecting the request by citing the
nation state law. This legislation considers Israel a Jewish state, despite the fact
20 percent of its citizens are Arab.
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Attack on Jerusalem church no isolated incident | Arab News
about:blank 3/3
A nongovernmental organization dedicated to equality in Israel and Palestine has
created Adalah’s Discriminatory Laws Database, which it describes as “an online
resource comprising a list of over 65 Israeli laws that discriminate directly or
indirectly against Palestinian citizens in Israel and/or Palestinian residents of the
Occupied Territories on the basis of their national belonging.”
Racism is abhorrent and rejected by all civilized people. The Universal
Declaration of Human Rights, which celebrated its 72nd anniversary on
Thursday, reminded the world that “recognition of the inherent dignity and of
the equal and inalienable rights of all members of the human family is the
foundation of freedom, justice, and peace in the world.”
The most recent attack on a historic church is not an isolated case, regardless of
whether or not the Israeli courts show the perpetrator to be mentally disturbed.
The racist motivation for a political movement that wants to monopolize
Jerusalem for a certain religion will not work. Jerusalem, the cradle of religions,
should be a shared city for all its inhabitants, as well as the billions around the
world that look to it as a foundation of their faith and a source of their spiritual
inspiration.
Daoud Kuttab is an award-winning Palestinian journalist and former Ferris
Professor of Journalism at Princeton University. Twitter: @daoudkuttab
Disclaimer:
iews e!pressed by writers in tis section are teir own and do not
necessarily re#ect Arab News' point of view
Jerusalem should be a shared city for all its inhabitants, as well as
the billions around the world that look to it as a foundation of
their faith
Daoud Kuttab
"
"
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December 13, 2020
Islamic Christian commission reaffirms Hashemite
Custodianship
jordantimes.com/news/local/islamic-christian-commission-reaffirms-hashemite-custodianship
By JT - Dec 13,2020 - Last updated at Dec 13,2020
AMMAN — Secretary General of the Islamic Christian Commission for supporting
Jerusalem and holy sites Hanna Issa said on Sunday that the Hashemite Custodianship
reaffirms the Hashemites’ continuity in safeguarding and rebuilding of the sacred places.
In a Sunday statement, Issa stressed that the Hashemite Custodianship was established
on solid foundations including the Kingdom’s agreement with the Palestinian Liberation
Organisation (PLO) in 2013, adding that it harmonises with Jordanian’s role in promoting
the values of tolerance, peace and stability, the Jordan News Agency, Petra, reported.
Ever since Sharif Hussein Bin Ali was given guardianship by Arabs and Palestinians in
1924, the Hashemites, headed by His Majesty King Abdullah, have never ceased to
support Jerusalem, Issa added.
The secretary general also highlighted Jordan’s efforts exerted to protect Al Aqsa
Mosque/Al Haram Al Sharif against Israeli violations, including the restoration of gypsum
and mosaic decorations, providing additional power generators, modernisation of lighting,
setting a fire extinguishing system, and others.
Issa noted that Christian holy sites also had their share of restoration projects which were
funded by the King himself, Petra reported.
The secretary general underlined His Majesty’s constant annual meetings with people
from Jerusalem to engage them in defining priorities and implementing projects to keep
the identity of the city intact.
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
The restoration projects that keep
Jerusalem's Al-Aqsa in good repair
• Israeli attempts to stop renovations to the Dome of the Rock in January
brought into focus ongoing projects in the Old City
• AI-Aqsa compound has seen five major restoration cycles undertaken by
the Hashemite Fund since 1922 at a cost of $2.1 billion
AMMAN, JORDAN: Restoration work has been underway at Jerusalem's holy
sites for almost a century now, with a total of five major initiatives funded by
the Hashemite royal family of Jordan.
Ongoing projects in the Old City of Jerusalem, a UNESCO World Heritage site,
were brought into focus by a flare-up in tensions in January this year when
Israeli police tried to stop renovations to the Dome of the Rock Islamic shrine.
1/10
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
The current monarch, King Abdullah II, has continued his father and greatgrandfather's
mission, establishing in 2007 the Hashemite Fund for the
Restoration of the Al-Aqsa Mosque and the Dome of the Rock.
In December 2016, an eight-year project to renovate and preserve the mosaics
of the Dome of the Rock and the Qibly Mosque concluded with the restoration
of about 16 million mosaic tiles - the first such project in 500 years.
Occupied
West Bank
Old City
JERU
East OLD
ARAB 1\TE\VS
HOLY SITES IN JERUSALEM OLD CITY
AI-Qibly
.Mosque
AI-Musalla AI-Marwani
Wasfi Al-Kailani, executive director of the Hashemite Fund, told Arab News that
the royal family's funds have spent nearly JOD 1.5 billion ($2.1 billion) on these
projects since 1922.
2/10
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
Al-Aqsa Mosque, also known as the Qibly Mosque, is situated inside the Noble
Sanctuary, or Haram al-Sharif, alongside the Dome of the Rock - the iconic
gold-capped mosque built on the site where Prophet Muhammad is believed to
have ascended to heaven by night on a winged horse.
The Umayyad Caliph Abdel Malik ibn Marwan commissioned its construction
and it was completed during the reign of his son, Al-Walid, in the year 705. The
UNESCO World Heritage site is one of the three holiest sites in Islam, along with
Makkah and Madinah in Saudi Arabia.
However, the Jewish people also lay claim to the same site, known to their faith
as the Temple Mount They believe the mosque is the site of the remains of two
destroyed Jewish temples. As a result, to this day the compound remains both a
symbolic and a literal flashpoint in the ongoing Israeli-Palestinian problem.
An engineer dry cleaning the mosaic painting after renovating some impaired pieces. (Supplied)
According to international law, the Jerusalem Islamic Waqf, which is directly
affiliated with the Jordanian Ministry of Awqaf Islamic Affairs and Holy Places,
is the official supervisor of Al-Aqsa Mosque and the endowments ofJerusalem.
3/10
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
Jordan still maintains the exclusive right to supervise religious affairs in
Jerusalem according to the peace agreement it signed with Israel in 1994.
The first restoration, which began in 1922 and concluded in 1952, saw the Islamic
Higher Council (IHC) created to preserve Islamic deals and protect the
sanctuaries of Palestine.
Under the leadership of Hajj Amin Al- Husseini, the IHC raised funds to restore
the Dome of the Rock. King Abdullah I, the first ruler of Transjordan, personally
supervised the restoration work, which included the retiling of ancient
artworks.
During the 1948 war, the Old City of Jerusalem, Al-Aqsa Mosque and the roof of
the Church of the Holy Sepulcher suffered considerable damage. Immediately
after the end of the war, King Abdullah I visitedAl-Aqsa and launched the
restoration of the Mihrab Zakariah (Niche of the Al-Aqsa).
4/10
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
King Abdullah 11 inspects the final stage of restoring typical copy of Min bar Salhahudeen designed and
manufactured in Amman before installing it in AI-Aqsa Qibli Mosque in 2007. (Supplied)
The king was deeply committed to preserving the holy places throughout his
reign until his assassination in Qibly Mosque on July 20, 1951.
Abdullah's grandson, King Hussein, took on the mantle by launching a second
wave of restoration efforts from 1952 to 1964 and founding the Jordanian Law of
the Hashemite Restoration Committee in 1954.
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
Over the centuries the Dome of the Rock had lost its golden sheen and was
letting in water. The lead plates adorning the dome had to be replaced with
aluminum support beams and new gilded plates.
"When Caliph Abdel Malik decided to cover the mosque with gold, he appealed
to Muslims to contribute their gold jewelry," said Al-Kailani.
"Until this day, we see in the transparent offering box in Al-Aqsa Mosque both
paper money and jewelry that women contribute to the restoration effort."
THE NUMBER
$2.1 bn
* Money spent by Hashemite funds for the restoration of the Al-Aqsa Mosque/AlHaram
Al-Sharif since 1922.
Some of the most significant restoration work took place in the third cycle after
Michael Dennis Rohan, an Australian Christian extremist, attempted to torch
the compound's ancient buildings on Aug. 21, 1969.
The 1,000-year-old wood and ivory carved Saladin pulpit - known as the
Minbar of Salah Al-Din - was destroyed in the fire. The pulpit had been
brought from Aleppo to Jerusalem by Salah Al-Din himself after his liberation of
Jerusalem from the Crusaders in 1187.
Its replacement, designed to resemble the original, was finally installed in 2007
at a cost of $2.115 million to the Jordanian treasury. Repairs to the fire damage
are ongoing.
The fourth restoration began in the early 1990s to address weathering and other
wear and tear to the Dome of the Rock. Some 1,200 copper and nickel plates,
gilded with 24-carat gold, were installed, alongside new roof supports and
fireproofing.
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
Hashemite Fund Director Dr. Wasfi Kailani and engineer Ra'ef Najem join Awqaf Council members in
celebrating the finishing of the 2008-2016 important phase of renovating the mosaic in the Dome of the
Rock, July 2016. (Supplied)
"His Majesty the late King Hussein sold his house in Britain for £8.5 million,
which he donated to renovate the golden dome with 24-carat golden covering,"
said Al-Kailani. The restoration brought back the dome's glittering splendor.
Even so, in recent years the leak in the roof of the Bab Al-Rahmeh prayer hall
had become unbearable. Every time it rained, the wet ceiling would drip onto
the heads of Muslim worshippers as they prayed in Bab Al-Rahmeh on the
periphery of the Al-Aqsa compound.
Israeli police were repeatedly blocking attempts to repair the roof of the small
building, tucked just inside the closed Golden Gate, despite regular appeals by
the Jerusalem Islamic Waqf.
Then, on Jan. 22, a Palestinian man, wearing a keffiyeh over his face to conceal
his identity from Israeli surveillance cameras, climbed onto the roof of Bab AlRahmeh
prayer hall and repaired the leak. The Israeli police responded with a
ban on restoration work and an embargo on all goods and materials coming
into the compound.
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
Bassam Al-Hallaq, director of Al-Aqsa Mosque's Hashemite Restoration
Department, was outraged by the move, telling Jordan TV's Eye on Jerusalem
program: "I have worked for 40 years and this is the first time that our work has
been interrupted."
An Israeli policewoman stands guard at an entrance of the al-Aqsa compound, leading to the Dome of the
Rock mosque in the Old City of Jerusalem on October 18, 2020, amid the novel coronavirus pandemic crisis.
(AFP/File Photo)
Azzam Khatib, the director-general of the Jordanian Jerusalem Waqf and AlAqsa
Mosque Affairs Directorate, refused to take the embargo lying down. The
Waqf Council met and issued a statement condemning the Israeli action.
Omar Kiswani, director of Al-Aqsa Mosque, said that repairing and restoring
the entire compound is the right of the Islamic Waqf and that Israeli authorities
have no right to interfere.
Khatib also informed Ghassan Majali, Jordan's ambassador to Israel, and
Mohammad Khalaileh, the minister of Waqf in Amman, leading to a strong
statement of protest from Jordan's foreign ministry.
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
The combined pressure campaign worked. Four days after the ban was
imposed, the Israeli authorities rescinded the order, allowing restoration work
to continue.
"We were able to return to our regular work and bring in all the needed
equipment and items needed," Al-Hallaq said.
"The challenge of restoration has always been how to safeguard the authentic
character of every historic segment of Al-Aqsa," said Al-Kailani of
the Hashemite Fund.
A Palestinian woman walks as snow falls at the Dome of the Rock Mosque in Jerusalem's al-Aqsa mosque
compound, on February 17, 2021. (AFP/File Photo)
For his part, Al-Hallaq says many of the restoration projects have faced
obstruction by Israeli authorities - and more hurdles are expected in future. In
addition to the ban on renovations at Bab Al-Rahm eh, Israel has also prevented
any attempts to light up the top of the Dome of the Rock.
"Even before the controversy over the repair of the Bab Al-Rahmeh, Israel had
banned some of the work, such as the lighting of the golden dome and the fire
extinguishing system inside Al-Aqsa Mosque," he said.
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The restoration projects that keep Jerusalem's AI-Aqsa in good repair I Arab News
about:blank
"We have noticed that the current lighting of the Dome of the Rock doesn't
reach the top areas. We have the money and the plans to erect a lighting system
that will allow the illumination of the entire Dome of the Rock, but Israel bans
the erection of any towers that are needed to light the dome."
Al-Hallaq says overcoming these obstacles is an important part of the historic
and religious duty of Muslims to defend their holy places.
"When you work as an engineer or artisan here, you are always working at risk
from Israel," he said. "But despite all this, while we suffer from these
interventions, we are steadfast and insistent on continuing the restoration
efforts."
Twitter: [email protected] {btlJl.s:/ltwitter.comldaoudkuttab)
10/10
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Patriarch Theophilos emphasizes Muslims' exclusive right over Haram Al-Sharif | Jordan News | Ammon News
https://en.ammonnews.net/article/51209
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Ammon News -
Home Jordan News
Patriarch Theophilos emphasizes Muslims' exclusive right over
Haram Al-Sharif
[19-07-2021 02:08 AM]
Patriarch Theophilos III, patriarch of the Holy City and
all Jordan and Palestine, on Sunday, said Al-Haram Al-Qudsi Al-Sharif
is an exclusive right and property of Muslims, and attacking it or the
right of Muslims to pray freely there is "an attack on the freedom of
worship guaranteed by international laws and charters, and human
morals."
Patriarch Theophilos condemned attempts of extremist groups to provoke Muslims and Christians through ongoing attacks
and violating to the Al-Haram Al-Sharif, adding that any visit to the Al-Haram Al-Sharif that is not approved by the Islamic
Awqaf Department is considered an intrusion that must stop.
Patriarch Theophilos lauded the leading role of His Majesty King Abdullah, the Custodian over Jerusalem's Islamic and
Christian holy sites, in defending the holy sites, and his constant endeavor to preserve them against extremist groups.
He expressed his appreciation for the efforts made by Palestinian President Mahmoud Abbas, the Palestinian leadership, and
the Supreme Presidential Committee of Churches Affairs in Palestine (HCC), in exposing extremist groups practices and
attacks on Islamic and Christian holy sites.
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AUGUST 30, 2021 9:07 AM
Western Wall Authority Begins
Wor on Atis ughrai Brige
by Israel Hayom / JNS.org
A general view shows the plaza of the Western Wall in Jerusalem, amid the coronavirus pandemic, May 6, 2020. Photo: Reuters /
Ronen Zvulun.
JNS.org – Renovation work on the Mughrabi Bridge at the Western Wall in
Jerusalem’s Old City began on Sunday, according to the Western Wall Heritage
Foundation, which is responsible for the site. The temporary construction has
been deemed by experts to be at risk of collapse.
The project will take several days, the authority said, and part of the women’s
prayer section—where the bridge is located—will be closed off.
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Last month, municipal engineer Ofer Cohen, who was hired by the Western Wall
Heritage Foundation, notied the state of the bridge’s poor condition and
warned that unless proper measures were taken, it could lead to a disaster as
stampede
Cohen inspected the bridge shortly after that disaster, which shook the country
on a steel base, is rotting and dilapidated, and poses an immediate threat to
Western Wall Heritage Foundation, to promote the construction of a permanent
Israel Hayom
nish in time for the
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Israeli Violations
Sept 16, 2021
Far right Israeli terrorist Rabbi Yehudah Etzion, who attempted to explode the Dome of the Rock in 1982,
leads extremist groups and practice of Jewish rituals in al-Aqsa Mosque / al-Haram al-Sharif. Etzion and
his students have recently became the most advocate Jews calling for intruding al-Aqsa Mosque and
eroding the Status Quo. Some of them call for eroding the Mosque itself and building Jewish Temple in its
place, afternoon incursions, Sept 16, 2021.
Privacy - Terms
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Al-Aqsa Mosque / Al-
Haram Al-Sharif is shown
in the photo below with its
area size of 144 dunums
(https://haramalaqsa.com/alaqsa-
mosque-haram-alsharif-
is-shown-in-thephoto-
below-with-itsarea-
size-of-144-
dunums/)
Large numbers of Israeli
Military Officers prepare
to enter into Al-Aqsa
Mosque
(https://haramalaqsa.com/largenumbers-
of-israelimilitary-
officers-prepareto-
enter-into-al-aqsamosque/)
Israeli Occupation Forces
Turn Haram al-Sharif Into
Battlefield
(https://haramalaqsa.com/israelioccupation-
forces-turnharam-
al-sharif-intobattlefield/)
Installation of 360 degree
surveillance cameras
(https://haramalaqsa.com/installationof-
360-degreesurveillance-
cameras/)
RELATED POSTS
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Hashemite Fund
The Hashemite Fund for the Restoration of Al-Aqsa
Mosque and the Dome of the Rock and the
Government of the Hashemite Kingdom of Jordan
are committed to the protection, maintenance and
preservation of Al-Aqsa Mosque / Al-Haram Al-
Sharif. This website aims to increase the world’s
awareness of this holy site’s importance and why its
protection matters to so many across the globe.
Navigation
(https://haramalaqsa.com/about-the-hashemitefund/)
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Jerusalem holy site clashes fuel fears of return to war - BBC News
https://www.bbc.com/news/world-middle-east-61154373
Jerusalem holy site clashes fuel fears of return to
war
Israeli police blocked a flag march through the Old City's Muslim Quarter on Wednesday
By Yolande Knell
BBC News, Jerusalem
Waving or wearing Israeli flags, hundreds of right-wing nationalist marchers
shouted angrily by the wall of Jerusalem's Old City as Israeli police blocked
them from heading to the main gate to the Muslim Quarter.
As we waited to see exactly what would happen, so was Israel's prime minister.
A right-wing nationalist himself, some of those here once supported Naali
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Jerusalem holy site clashes fuel fears of return to war - BBC News
https://www.bbc.com/news/world-middle-east-61154373
Bennett. But not anymore. Angry chants on Wednesday told him to "go home".
"We came here because it's the Passover holiday, to show that this city is ours,
that it belongs to the nation of Israel," said Matan, gripping the hand of his
smallest child. "This is our city, our capital, our country."
The prevailing feeling was that as the leader of an ideologically diverse
coalition, which includes an Arab Islamist party, Mr Bennett had sold out and
failed to deal effectively with recent tensions in Jerusalem.
A prominent banner declared his rival, the opposition leader Benjamin
Netanyahu, to be "king", and there were big cheers for far-right politician,
Itamar Ben Gvir.
He told me that Mr Bennett was being held back from doing the correct thing
by his fragile government, which recently lost its parliamentary majority aer
one of his own MPs quit, saying she could not be part of it anymore.
"It's not our prime minister's orders, it's the power of the coalition," Mr Ben
Gvir said.
"Naali Bennett was ordered not to allow Jews onto the Temple Mount," he
added, referring to a contested holy site in Jerusalem that is known to Muslims
as Haram al-Sharif and is the location of the al-Aqsa Mosque. "They gave him
instructions to free 400 terrorists who threw stones."
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Jerusalem holy site clashes fuel fears of return to war - BBC News
https://www.bbc.com/news/world-middle-east-61154373
Last Friday, more than 150 Palestinians were injured in clashes with Israeli police at the al-Aqsa Mosque compound
The march had been officially barred from its original planned route and Mr
Ben Gvir was also stopped from using his parliamentary immunity to head to
Jerusalem flashpoints because of security concerns.
The prime minister accused Mr Ben Gvir of a "political provocation", adding
that his intended actions would have endangered police and soldiers whom, he
said, were fighting terrorism "with determination".
Israel's unusual coalition government rose in the wake of last year's 11-day
conflict with Palestinian militants in the Gaza Strip.
Now, the danger is that it could be pushed to collapse by a similar set of
events. Concerted efforts to plan for heightened tensions exacerbated by
religious holidays coming together have failed to stop a new escalation in
violence.
Last Friday saw hours of clashes in the al-Aqsa Mosque compound, just aer
dawn prayers. Video clips on social media that circulated across the Arab
world raised anger.
Israeli police sent up clouds of tear gas, threw stun grenades, and hit people
with batons. They said they acted to stop masked rioters, some of whom had
thrown fireworks and stones towards the adjacent Western Wall, the holiest
place where Jews are allowed to pray.
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Jerusalem holy site clashes fuel fears of return to war - BBC News
https://www.bbc.com/news/world-middle-east-61154373
Later, officers could be seen inside the mosque with Palestinians lying on the
ground as they were arrested. Several hundred people were detained, most of
whom were later released. More than 150 were injured.
"I think the Israelis are trying to start a war instead of pushing for peace," said
Mohammed Qasqas, from Battir in the occupied West Bank, who has been
heading into Jerusalem for Friday prayers during the Islamic holy month of
Ramadan.
"It's really driving everyone crazy. When you don't feel safe to pray that's the
worst thing you can think of."
Israeli police said they acted aer Palestinians set off fireworks and threw stones at the Western Wall
Adding to the tensions at al-Aqsa Mosque is the idea that there could be
changes to long-standing "status quo" arrangements. Israel denies that is the
case and says that it acts to preserve freedom of worship.
Palestinian Muslims fear that the complex will be partitioned to make a space
for Jewish prayer. Rumours repeatedly circulated during the Passover holiday
that Jews would return to the practice of sacrificing goats at the site, as they
did in biblical times before the Romans destroyed their temple there.
An extremist Jewish group had put up a Facebook post offering 10,000
shekels ($3,000; £2,400) to anyone who carried out such an act, and Israeli
police arrested several people on suspicion of planning a sacrifice aer a goat
was found in one of their homes.
On successive mornings this week, there were renewed clashes at the al-Aqsa
Mosque compound, as heavily armed police tried to clear the courtyard of
Muslim worshippers to make way for hundreds of Jewish visitors, many of
whom arrived barefoot to avoid desecrating the site.
"This has been going on for years now. It's not new. It's not any change in the
status quo," said the deputy mayor of Jerusalem, Fleur Hassan-Nahoum, in a
briefing to journalists, which underlined the confusion and contentiousness
about what is allowed.
"It's a custom that a very, very limited group of Jewish people goes up to pray
on the Jewish holidays," she insisted - as a reporter pointed out the ban on
Jews openly praying there.
REUTERS
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Jerusalem holy site clashes fuel fears of return to war - BBC News
https://www.bbc.com/news/world-middle-east-61154373
A Palestinian rocket launched from Gaza caused minor damage to a house in Israel early on Thursday
While the refrain from Palestinian militant groups that al-Aqsa remains "a red
line", many ordinary people in the Gaza Strip insist they do not want war, as
they prepare for the Eid al-Fitr feast at the end of Ramadan.
"We wait for this period every year because we work 15 times more than
usual," said Mohammed al-Mughrabi, a hairdresser whose shop was previously
damaged by Israeli air strikes.
"I pray to God every day that war does not happen because I will unfortunately
have to close the salon and lay off five employees. We do not want war. I call
on Egypt and the United Nations to pressure all parties to stop the escalation."
This week raised fears of renewed violence, as for the first time in months
militants in Gaza launched two rockets into southern Israel and then used
anti-aircra fire against Israeli war planes as they struck Hamas targets in
response.
Although no serious injuries were reported on either side, the sleepless nights
brought back painful memories of previous conflicts and fears of a slide into a
new conflict.
The Israeli military said it struck militant sites in Gaza in response to this week's rocket fire
The US state department has called on Israeli and Palestinian leaders to "end
the cycle of violence" and sent top diplomats to meet officials in the West
Bank and Israel, as well as Jordan - the historic custodian of Jerusalem's
Muslim and Christian holy sites - and Egypt, which negotiated last year's truce.
However, the Palestinians are calling for increased international involvement.
A senior official from President Mahmoud Abbas's Fatah faction complained to
me that the world seemed distracted, accusing the US and others of "limp
diplomacy".
"We are losing hope, as we see that the international community is using
double-standards vis-à-vis Palestine versus the war between Russia and
Ukraine," he said.
"Meanwhile, the situation here is very volatile and about to ignite any minute."
Related Topics
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Awqaf Ministry says appointing Al Aqsa guards is within its mandate | Jordan News | Ammon News
https://en.ammonnews.net/article/58103
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Ammon News -
Home Jordan News
Awqaf Ministry says appointing Al Aqsa guards is within its
mandate
[10-05-2022 02:49 AM]
The Awqaf Ministry on Monday said that appointing
guards and employees at the Al Aqsa Mosque and Al Haram Al Sharif
is within its mandate in coordination with the Islamic Awqaf
Department in Jerusalem, and it doesn't accept any participation or
dictation from any party, including the Israeli occupation government.
Commenting on recent reports circulated by media outlets on the Israeli government's approval of a Jordanian request to
increase the number of Al-Aqsa Mosque guards at the Al Haram Al Sharif, a ministry official source said the ministry has
appointed more than 70 guards since 2016, but measures and restrictions placed by the Israeli police on the ground
constitute an obstacle that prevents the guards and employees from joining their work.
The source also affirmed that the ministry, through the Islamic Awqaf Department in Jerusalem, is continuing its efforts and
procedures despite all obstacles, and its position is firm that it is the only body charged with implementing the Hashemite
custodianship over Islamic and Christian holy sites and endowments and consolidating the historical and legal status quo, and
that the holy Al-Aqsa Mosque is a pure right of Muslims in which no one shares them.
Notice
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as they express The extent of the progress and culture of Ammon News' visitors, noting that the comments are
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Islamic religious authorities warn of 'suspicious' Israeli excavation at Al Aqsa Mosque
https://www.thenationalnews.com/mena/2022/06/25/islamic-religious-authorities-warn-of-suspicious-israeli-excavation-at-al-aqsa-mosque/
Islamic religious authorities
warn of 'suspicious' Israeli
excavation at Al Aqsa Mosque
Al Aqsa Mosque compound is a focal point of Israeli-Palestinian tensions
Amr Mostafa
Jun 25, 2022
Listen In English Listen in Arabic
Powered by automated translation
Jerusalem's Old City, including the compound that houses Al Aqsa Mosque and the Dome of the
Rock. Reuters
MENA
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Islamic religious authorities warn of 'suspicious' Israeli excavation at Al Aqsa Mosque
https://www.thenationalnews.com/mena/2022/06/25/islamic-religious-authorities-warn-of-suspicious-israeli-excavation-at-al-aqsa-mosque/
READ MORE
Israel says no change to Al Aqsa
Mosque 'status quo'
Islamic religious authorities in East Jerusalem have spoken of “suspicious”
Israeli excavation work in the vicinity of Al Aqsa Mosque.
The work is being carried out in an area adjacent to the outer base of Al
Aqsa Mosque by Israel's antiquities authority and an Israeli settler group,
the Islamic Awqaf, Affairs and Holy Sites Council said.
“A group of workers, with bulldozers and excavation equipment, have
been working with suspicious haste in the area,” the council said in a
statement.
It said earth was being removed and holes were being made in walls
towards the south of the mosque.
The council said it had for months monitored damage to archaeological
stones in the area by workers hired by Israeli settler groups.
“The council warns of the continued sabotage and attempts to change the
historical and religious features of these historical sites,” it said.
It called for an immediate halt of excavation work in the vicinity of Al Aqsa
Mosque.
Al Aqsa Mosque compound in Jerusalem's
Old City is a site considered holy by
Muslims and Jews, and is a focal point of
Israeli-Palestinian tensions. Known as
Haram Al Sharif to Muslims, the compound
includes Al Aqsa Mosque and the Dome of the Rock.
Muslims believe that the Prophet Mohammed travelled from Makkah to
Jerusalem and ascended to heaven from the site.
Jews consider the area the most sacred place in Judaism, as they believe
it was once the site of two temples.
Israel captured East Jerusalem, including the Old City, from Jordan during
the war of 1967 and then annexed the area. Israel later declared a unified
Jerusalem to be its capital, but that move has not been recognised by the
international community.
Updated: June 25, 2022, 11:58 AM
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Israeli forces restrict access to Al-Aqsa during first Friday prayers of Ramadan | Middle East Eye
https://www.middleeasteye.net/news/israeli-ramadan-aqsa-friday-prayers-jerusalem[23/06/2023 15:01:52]
News | Occupation
Israeli forces restrict access to Al-Aqsa during first Friday prayers of Ramadan
Israeli forces impose strict search on young men, while drones and helicopters circle Dome of the Rock
Over 100,000 worshippers went to pray at the Dome of the Rock (MEE)
By MEE staff in Jerusalem
Published date: 24 March 2023 19:16 GMT | Last update: 3 months 16 hours ago
The atmosphere on the roads leading to Al-Aqsa Mosque during the first Friday of Ramadan, one of the holiest days for Muslims, was
in stark contrast to previous days.
Israeli forces blocked roads towards the holy site in East Jerusalem, where over 100,000 Muslim worshippers - friends and families -
came to pray.
Drones and helicopters circled in the sky above the Dome of the Rock.
In the narrow streets and markets of the Old City, leading towards Al-Aqsa, Israeli forces equipped with teargas canisters were seen
stopping young men from entering.
Women of all ages were allowed to enter, as well as men above the age of 55, but all young men were stopped at the gates and
searched.
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Israeli forces restrict access to Al-Aqsa during first Friday prayers of Ramadan | Middle East Eye
https://www.middleeasteye.net/news/israeli-ramadan-aqsa-friday-prayers-jerusalem[23/06/2023 15:01:52]
Israeli police in East Jerusalem, where Al-Aqsa is located (MEE)
At the Qalandia checkpoint, Israeli forces stopped hundreds of people from entering the holy site, causing a backlog of traffic.
Around the gates of Al-Aqsa, Israeli forces, some undercover, could be seen filming worshippers and using binoculars for
surveillance.
Farah Erakat, a Palestinian from Abu Dis, said that Israeli forces made it challenging for people to reach the site.
“There have been roadblocks all over and people don’t feel a sense of freedom here. The allowances for women to enter were only for
Friday prayers. But typically, it’s very hard for everyone from the West Bank to come,” she told Middle East Eye.
“My sister got stopped and questioned. Every time someone is stopped it ruins their day. Buses have been stopped from getting to
certain points.”
Ramadan is the holiest month in the Islamic calendar and, undeterred, Palestinians streamed through the various entrances of Al-Aqsa
and lined up to pray.
“Police have surrounded our shops and are stopping everyone walking by. It’s usually the young men that get stopped here,”
explained Nadia, who owns a shop on al-Wad street in the Old City, close to Al-Aqsa.
‘A special experience’
The streets surrounding Al-Aqsa were decorated with lanterns and string lights in anticipation of the holy month, which is marked by
Muslims around the world.
Khadija, who is originally from Nablus and works in a shop close to Al-Aqsa, told Middle East Eye: “There is no experience in the
world like Ramadan at Al-Aqsa. It’s special.”
In the streets of the Old City, lines formed outside shops selling everything from pickles to fresh bread and syrup-soaked sweets.
Ramadan lanterns also lined streets, adding colour to the markets.
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Israeli forces restrict access to Al-Aqsa during first Friday prayers of Ramadan | Middle East Eye
https://www.middleeasteye.net/news/israeli-ramadan-aqsa-friday-prayers-jerusalem[23/06/2023 15:01:52]
Pro-Israel and Palestinian
protests greet Netanyahu's visit
to London
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Middle East Eye delivers independent and unrivalled coverage and analysis of the Middle East, North Africa and
beyond. To learn more about republishing this content and the associated fees, please fill out this form. More about
MEE can be found here.
Roadblocks were set up on the streets around the mosque (MEE)
"Al-Aqsa is a unique place in Ramadan, the young people are what make it," said Erakat. "Before the start of Ramadan, women from
all over Palestine came to clean the courtyards, which shows how important it is to us."
Prior to the start of the holy month, the trees in the surrounding gardens were given a fresh coat of white paint and the floors were
cleaned. During Friday prayers, Palestinian scouts were deployed to help assist people and manage the crowds.
Storming of Damascus Gate
After worshippers broke their fast at sunset, hundreds flocked to Damascus Gate, which has been decorated for the holy month.
The site has become a main focal point for Palestinians to gather and socialise after evening prayers.
Carts of street food selling everything from fava beans to corn on the cob lined the streets, while people ran to find a spot on the stairs.
Tea was flowing and music blaring from all directions, with people chanting and singing in elation.
On Thursday, the celebrations were cut short after Israeli forces stormed the crowds of
people, at 12.30 am.
“This dispersal is all about the Palestinian consumption of space,” one woman told
Middle East Eye.
“Yesterday, Israeli forces attacked people at Damascus Gate for no reason. People
were just singing and enjoying their time. Just our presence bothers them,” said Erakat.
Videos shared online showed people being beaten and carts being kicked and taken
apart, as people ran to find their loved ones.
Throughout the evening, Israeli forces were stationed around the steps leading towards
Damascus Gate, some undercover. Other forces were deployed at the watchtowers at
the gates.
Following the storming of the crowds, families scrambled to find safety and reunite with their friends and family.
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Jerusalem churches condemn ‘unreasonable’ Israeli restrictions for Holy Light ceremony
https://www.printfriendly.com/p/g/pvV3mn 1/2
April 13, 2023
Jerusalem churches condemn ‘unreasonable’ Israeli
restrictions for Holy Light ceremony
jordantimes.com/news/region/jerusalem-churches-condemn-‘unreasonable’-israeli-restrictions-holy-light-ceremony
By JT - Apr 13,2023 - Last updated at Apr 13,2023
In this file photo taken on April 23, 2022, Orthodox Christians gather with lit candles
around the Edicule, traditionally believed to be the burial site of Jesus Christ, during the
Holy Fire ceremony at Jerusalem's Holy Sepulchre Church (AFP photo)
AMMAN — Jerusalem churches have condemned the “unreasonable” restrictions
imposed by Israeli forces for the upcoming Holy Light ceremony on Saturday in the
Church of the Holy Sepulchre, the day before Easter, according to the Julian calendar.
In a joint statement, the Greek Orthodox Patriarchate, the Custody of the Holy Land and
the Armenian Patriarchate said: “Each year, the Churches coordinate with the authorities
to ensure this ceremony can take place without issue.
“Notably, last year barriers were imposed by the Israel Authority throughout the Old City
that made impossible the access of our local Christian Communities pilgrims from
attending the Holy Light Ceremony in the Holy Sepulchre, impeding their freedom to
worship and witness the miracle of the resurrection.”
HP EXHIBIT 312
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6/22/23, 5:07 PM Jerusalem churches condemn ‘unreasonable’ Israeli restrictions for Holy Light ceremony
https://www.printfriendly.com/p/g/pvV3mn 2/2
“This year, after many attempts made in good will, we are not able to coordinate with the
Israeli authorities, as they are enforcing unreasonable and unprecedented restrictions on
access to the Holy Sepulchre — more so than last year. These heavy-handed restrictions
will limit access to the Church of the Holy Sepulchre and the Holy Light Ceremony. Police
are unfairly and inappropriately placing the burden on the churches to issue invitations,
while tying the churches’ hands with unreasonable restrictions that will prevent
worshippers from attending, particularly our local community. This makes difficult our
coordination with the police,” the statement said.
“As we, the Greek Orthodox Patriarchate, the Custody of the Holy Land and the Armenian
Patriarchate clearly stated in our various statements, we shall continue to uphold the
Status Quo customs, and the ceremony will be held as customary for two millennia and
all who wish to worship with us are invited to attend. With that made clear, we leave the
authorities to act as they will. The churches will freely worship and do so in peace,”
concluded the statement.
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Ex-Israeli soldier returns Al-Aqsa Mosque key he stole 56 year...
https://www.jordannews.jo/Section-20/Middle-East/Ex-Israeli-soldier-returns-Al-Aqsa-Mosque-key-he-stole-56-years-ago-28744
Breaking News: Army mourns the loss of pilot Maj. Ali Al-Harasis in helicopter crash PM announces Eid Al-A
June 21 2023 8:44 AM E-PAPER NEWSLETTER
HOME PAGE > GLOBAL > MIDDLE EAST
Ex-Israeli soldier returns Al-Aqsa Mosque key he stole 56
years ago
Jordan News last updated: May 20,2023
(File photo: Jordan News)
+ -
OCCUPIED JERUSALEM — An ex-Israeli soldier, on Thursday, returned a key he stole for the gate of Al-
Aqsa Mosque 56 years ago.
The Jerusalem's Islamic Endowments Department published a video showing its director-general
Sheikh Azzam Al-Khatib receiving the key from Yair Barack who was fighting in the Arab-Israeli War of
1967.
Al-Mughrabi Gate
"I arrived at the Al-Mughrabi Gate (in the western corridor of Al-Aqsa Mosque)… and when I looked at
the left side, I found a key. I don't know why I put my hand on it and took it," he said, according to the
Turkish news agency, Anadolu.
"I put the key in my pocket, and since then, I’ve had it in my possession," he added.
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Ex-Israeli soldier returns Al-Aqsa Mosque key he stole 56 year...
https://www.jordannews.jo/Section-20/Middle-East/Ex-Israeli-soldier-returns-Al-Aqsa-Mosque-key-he-stole-56-years-ago-28744
Jerusalem Al-Aqsa Mosque Arab-Israeli War
Barack said that after 40 or 50 years, he began feeling uncomfortable that the key was still with him
"simply because I stole it and I now decided to return it."
He said Israel should do the same: “I returned the key that I had stolen… to its owners... and this is what
Israel should do —to return back to the Palestinians their land, rights, respect, independence, freedom
and security," he said.
Read more Region and World
Jordan News
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Saudi Arabia, Arab nations condemn Israeli security minister’s Al-Aqsa visit | Arab News
https://www.arabnews.com/node/2307631/amp
Saudi Arabia, Arab nations condemn Israeli security
minister’s Al-Aqsa visit
MOHAMMED NAJIB
21 May 2023
Israel’s National Security Minister Itamar Ben-Gvir (L) walks through the courtyard of Jerusalem’s
Al-A%sa mos%ue com$le. on May (A)
Short Url https://arab.news/gdas4
Itamar Ben-Gvir’s tour was ‘dangerous escalation’ say Palestinians and Arab
governments
RAMALLAH: Israel’s ultra right-wing national security minister has been
condemned as “provocative” and “dangerous” after visiting Al-Aqsa mosque in
occupied Jerusalem on Sunday.
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Saudi Arabia, Arab nations condemn Israeli security minister’s Al-Aqsa visit | Arab News
https://www.arabnews.com/node/2307631/amp
The visit by Itamar Ben-Gvir — his second since becoming a member of Israel’s
government — was denounced as a agrant challenge to the feelings of Muslims
and Palestinians and Islamic and Arab sovereignty over the Al-Haram Al-Sharif.
Key institutions and Palestinian, Islamic and Arab ocials denounced the move,
as well as the holding of an Israeli Cabinet meeting inside the tunnel beneath the
Western Wall.
Ben-Gvir entered the courtyards of Al-Aqsa Mosque and performed his prayers in
the eastern region and the Bab Al-Rahma area for 30 minutes on Sunday,
accompanied by the head of the “Temple Mount” organization manager.
The minister stated: “Hamas threats will not prevent us from being here. We are
the owners of the house on the Temple Mount, and this belongs to us, and no one
else, and it is important for everyone.”
The Israeli Cabinet, headed by Prime Minister Benjamin Netanyahu, held its
weekly session at the Western Wall.
Netanyahu said: “Our meeting here today is a message to Abu Mazen (Palestinian
President Mahmoud Abbas), who said at the United Nations that the Jewish people
have no connection with Jerusalem and that the east of the city is part of the areas
of the (Palestinian) Authority ... 3,000 years ago.
“Jerusalem was our capital before London and Washington (existed).”
The Saudi Foreign Ministry strongly condemned Bin-Gvir’s visit as a agrant
violation of all international norms and covenants and a provocation to the
feelings of Muslims around the world.
It held the Israeli forces fully responsible for the repercussions of the
continuation of such abuses.
Jordan criticized Ben-Gvir’s actions as “provocative” and a “dangerous and
unacceptable escalation” that represented “a agrant and unacceptable violation
of international law, and of the historical and legal status quo in Jerusalem and its
holy sites.”
The Islamic Waqf echoed both government’s comments, adding that it was
delusional to think such action would achieve his dreams and goals of Judaizing
Al-Aqsa Mosque.
It said that the Cabinet meeting was equally a clear and systematic provocation
against the city's Arab-Islamic history and heritage, he said.
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Saudi Arabia, Arab nations condemn Israeli security minister’s Al-Aqsa visit | Arab News
https://www.arabnews.com/node/2307631/amp
The Grand Mufti of Jerusalem and the Palestinian territories, the preacher of the
Al-Aqsa Mosque, Mohammed Hussein, told Arab News that the incursions by
ministers and Knesset members would not change the landmark’s existing legal,
religious and historical status as an Islamic mosque for Muslims alone.
Nabil Abu Rudeineh, ocial spokesman for the PA presidency, said the minister’s
tour was a dangerous act, and called on the US, to take immediate action to
restrain Israel.
The Israeli government has allocated a budget of $1 million to encourage entry
into Al-Aqsa Mosque by extremists and $4.6 million to support excavations
underneath and for the maintenance of existing tunnels.
Hamas spokesman Hazem Qassem said that the Israeli government’s weekly
meeting was an escalation of the state’s religious war.
The Israeli army meanwhile has decided to ocially allow settlers to return to the
"Homesh" settlement in the northern West Bank, which the army evacuated in
2005.
On March 21, Israeli Knesset approved the Separation Law, allowing settlers to
return to four settlements in the West Bank that were evacuated in 2005,
reinforcing the legitimacy of random outposts in the northern West Bank.
Also on Sunday, Israeli settlers attacked Palestinian shepherds in the Al-Hamma
area in the northern Jordan Valley while grazing their livestock by spraying them
with pepper gas.
The mayor of Sebastia, Mohammed Azem, said that the Israeli authorities intend
to implement the largest Judaization project for the archaeological site in the
historic town of Sebastia, located north of the city of Nablus in the West Bank, at a
value of $10 million.
“The occupation will eliminate the tourism sector in the town, and it will be
limited to settlement tourism,” said the mayor. “It will also aect the economic
situation because dozens of families in Sebastia live on tourism.”
Sebastia was the capital of the Romans in Palestine.
It is distinguished by its geographical location, which connects three governorates
in the northern West Bank: Nablus, Tulkarem, and Jenin.
It is also on the Christian pilgrimage route from Jerusalem, Bethlehem, Jacob's
Well, and Nazareth.
HP EXHIBIT 314
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Saudi Arabia, Arab nations condemn Israeli security minister’s Al-Aqsa visit | Arab News
https://www.arabnews.com/node/2307631/amp
The town is full of dozens of archaeological sites, including the Roman cemetery,
the tomb of the Prophet Yahya and his mosque, the Cathedral of John the Baptist,
the Al-Kayed Palace, as well as the Basilica Square, the Royal Palace, the
Hellenistic Tower, the Temple of Augustus, the theater, Column Street and the
stadium.
Topics: ISRAEL PALESTINE AL-AQSA MOSQUE
Related
Israel far-right minister visits Al-Aqsa compound -
police
HP EXHIBIT 314
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Ankara slams Israeli minister’s raid on Haram al-Sharif - Türkiye News
https://www.hurriyetdailynews.com/ankara-slams-israeli-ministers-raid-on-haram-al-sharif-183335
May 21 2023 14:12:52
Ankara slams Israeli minister’s raid on
Haram al-Sharif
ANKARA
Ankara has slammed a raid (/index/raid) by Israeli (/index/israeli) National Security Minister Itamar Ben-Gvir,
accompanied by Israeli security guards, on the Haram Al-Sharif (/index/haram-al-sharif), one of the holiest sites
for Muslims.
News (/) Türkiye (/turkiye/) Diplomacy
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Türkiye (/turkiye/) Economy (/economy/) Opinion (/opinion/) World (/world/)
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HP EXHIBIT 315
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Ankara slams Israeli minister’s raid on Haram al-Sharif - Türkiye News
https://www.hurriyetdailynews.com/ankara-slams-israeli-ministers-raid-on-haram-al-sharif-183335
Start life on a lo
Original, exci
strategy
Calling Ben-Gvir’s raid on the Haram Al-Sharif a violation of international law in a written statement on May 21,
the Turkish Foreign Ministry said it “strongly condemns” the breach.
“Challenging the historical status of the Haram al-Sharif and conducting fascist and provocative actions by the
Israeli government members is by no means acceptable,” it read.
The ministry said it called once again on the Israeli government to end any provocations against the holly site of the
Muslims and act with responsibility regarding the Haram Al-Sharif.
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HP EXHIBIT 315
2341
Palestinians decry Israeli gov’t meeting inside Al-Buraq Wall tunnels of Jerusalem’s Al-Aqsa
https://www.yenisafak.com/en/world/palestinians-decry-israeli-govt-meeting-inside-al-buraq-wall-tunnels-of-jerusalems-al-aqsa-3664462
Palestinians decry Israeli gov’t meeting inside
Al-Buraq Wall tunnels of Jerusalem’s Al-Aqsa
Al-Buraq Wall is western portion of East Jerusalem’s Al-
Aqsa Mosque complex
File photo
WORLD
10:00 . 22/05/2023 Monday
AA
Palestinians on Sunday condemned an Israeli government meeting inside
the Western Wall [Al-Buraq Wall] tunnels of Al-Aqsa Mosque complex in
occupied East Jerusalem.
Early on Sunday, the government headed by Benjamin Netanyahu held its
weekly meeting inside one of the tunnels to mark the anniversary of Israel’s
occupation of East Jerusalem in 1967.
The Palestinian Authority warned that the Israeli move would embolden
further settlement projects on the expense of the Palestinian presence in
HP EXHIBIT 316
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Palestinians decry Israeli gov’t meeting inside Al-Buraq Wall tunnels of Jerusalem’s Al-Aqsa
https://www.yenisafak.com/en/world/palestinians-decry-israeli-govt-meeting-inside-al-buraq-wall-tunnels-of-jerusalems-al-aqsa-3664462
Jerusalem.
"The Israeli occupation government is seeking to reinforce its sovereignty
in East Jerusalem, and to present a false narrative at the expense of the
historical reality of the region, whose roots are Islamic, Christian,
Palestinian and Arab" Ahmed Al-Ruwaidi, an adviser to Palestinian
President Mahmoud Abbas, told state news agency Wafa.
The Palestinian Foreign Ministry said Israel's feeling of impunity
encourages Tel Aviv to go too far "in the process of annexation and
judaization of Jerusalem."
The ministry said that all Israeli measures and policies in Jerusalem are
"invalid and illegitimate," and don’t give Israel any right to annex Jerusalem
or have sovereignty over the city.
Hamas group, which rules the Gaza Strip, termed the Israeli cabinet
meeting as a “dangerous escalation”.
"These steps are an attempt to falsify the identity of Jerusalem, which are
a blatant aggression on our people," group spokesman Hazem Qassem said
in a statement.
In 1996, Palestinians discovered that Israel secretly excavated a tunnel
leading to the ancient Al-Buraq Wall area, triggering clashes with
Palestinians that left 63 people dead and 600 injured.
Known to Jews as the “Western or Wailing Wall”, Al-Buraq Wall is the
western portion of Al-Aqsa Mosque complex, which for Muslims represents
the world’s third holiest site.
Jews call the area the "Temple Mount," claiming it was the site of two
Jewish temples in ancient times.
Israel occupied East Jerusalem, where Al-Aqsa is located, during the 1967
Arab-Israeli war. It annexed the entire city in 1980, in a move never
recognized by the international community.
HP EXHIBIT 316
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Israel: cabinet holds meeting beneath Al-Aqsa Mosque – Middle East Monitor
https://www.middleeastmonitor.com/20230522-israel-cabinet-holds-meeting-beneath-al-aqsa-mosque/
Israel: cabinet holds
meeting beneath Al-Aqsa
Mosque
May 22, 2023 at 9:06 am
145
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Israel’s Cabinet holds a meeting under Al-Aqsa Mosque in Jerusalem on 21 May
2023. [@IsraeliPM/Twitter]
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HP EXHIBIT 317
2344
Israel: cabinet holds meeting beneath Al-Aqsa Mosque – Middle East Monitor
https://www.middleeastmonitor.com/20230522-israel-cabinet-holds-meeting-beneath-al-aqsa-mosque/
Israel's occupation government held a cabinet
meeting on Sunday in a tunnel underneath Al-
Aqsa Mosque in an attempt to demonstrates the
Zionist state's sovereignty over the occupied city
of Jerusalem and its holy sites. The tunnel in
question is located under Al-Buraq Wall (the
"Western Wall") of the Noble Sanctuary of Al-
Aqsa.
According to Israeli daily
Maariv, during the
meeting the cabinet approved a large budget –
NIS60 million ($17m) – and a number of
Judaisation projects for Jerusalem. The budget
and projects are aimed at encouraging more
tunnels to be dug beneath Al-Aqsa Mosque
which, inevitably, weaken the ancient structure.
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HP EXHIBIT 317
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Israel: cabinet holds meeting beneath Al-Aqsa Mosque – Middle East Monitor
https://www.middleeastmonitor.com/20230522-israel-cabinet-holds-meeting-beneath-al-aqsa-mosque/
Prime Minister of Israel
@sraeliPM · Follow
At its weekly meeting today, in the Western Wall Tunnels,
approved Prime Minister Benjamin Netanyahu's proposal
approx. NIS 60 million, the budgetary framework of the 5
upgrade infrastructure and encourage visits to the Weste
2:02 PM · May 21, 2023
Read the full conversation on Twitter
227 Reply Share
Read 25 replies
"Time and again, my friends and I have been
forced to repel international pressure on the part
of those who would divide Jerusalem again,"
AFP
quoted Israeli Prime Minister Benjamin
Netanyahu as saying. "A few days ago, Abu Mazen
[Mahmoud Abbas] said that the Jewish people do
not have links to Jerusalem and Al-Haram,
therefore, I am telling him that we are holding
our meetings today in the depth of Jerusalem and
its Haram."
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HP EXHIBIT 317
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Israel: cabinet holds meeting beneath Al-Aqsa Mosque – Middle East Monitor
https://www.middleeastmonitor.com/20230522-israel-cabinet-holds-meeting-beneath-al-aqsa-mosque/
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READ: Turkiye 'strongly condemns' Israeli
security minister's raid on Al-Aqsa Mosque
complex
The Palestinian factions and Palestinian Authority
condemned the government for holding the
cabinet meeting underneath AlA,sa Mos,ue for
the <rst time since 2017. "This is a dangerous
escalation of the religious war waged by the
Israeli occupation against the holy city of
Jerusalem," said Hamas spokesman Hazem
Qasem.
Ahmed Ruwaidi, the advisor to PA President
Mahmoud Abbas on Jerusalem A;airs, said that
the Israeli government is seeking to reinforce its
sovereignty in East Jerusalem and to present a
false narrative at the expense of the historical
reality of the region. He added that the meeting
promotes projects aimed at the forcible
displacement of the indigenous Palestinian
population in the Jerusalem neighbourhoods of
Sheikh Jarrah and Silwan.
READ: Israeli far-right security minister storms
Jerusalem's Al-Aqsa complex
3 Comments
HP EXHIBIT 317
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US 'concerned' by Ben-Gvir's storming of Jerusalem’s Al-Aqsa complex
https://www.yenisafak.com/en/world/us-concerned-by-ben-gvirs-storming-of-jerusalems-al-aqsa-complex-3664491
US 'concerned' by Ben-Gvir's storming of Jerusalem’s Al-Aqsa complex
'We believe this holy space should not be used for political purposes,' says State
Department
File photo
WORLD
10:26 . 23/05/2023 Tuesday
AA
The United States expressed concern on Monday over the far-right Israeli Security Minister Itamar Ben-Gvir's
storming of the Al-Aqsa Mosque complex in East Jerusalem.
"We are deeply concerned by the visit to Haram al-Sharif/Temple Mount. We believe this holy space should not be
used for political purposes," said Matthew Miller, spokesperson for State Department, at a press briefing.
Miller invited all parties to respect the sanctity of holy spaces.
On Sunday, Ben-Gvir forced his way into the Al-Aqsa Mosque complex. Once inside, he claimed Israel’s ownership
of the holy site.
HP EXHIBIT 318
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US 'concerned' by Ben-Gvir's storming of Jerusalem’s Al-Aqsa complex
https://www.yenisafak.com/en/world/us-concerned-by-ben-gvirs-storming-of-jerusalems-al-aqsa-complex-3664491
# US # Ben-Gvir # Jerusalem # Al-Aqsa
1 month ago
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Tokayev meets Steinmeier, says exchange of raw materials for technologies to be 'effective formula' for ties with Germany
Several countries, including the US, Türkiye, France, Jordan, Qatar, and Egypt, also condemned the provocation
and the minister’s inflammatory rhetoric.
Israel’s opposition leader Yair Lapid on Monday also slammed Ben-Gvir’s move, calling him “an irresponsible and
fanatical man.”
For Muslims, Al-Aqsa represents Islam’s third-holiest site. Jews call the area the Temple Mount, saying it was the
site of two Jewish temples in ancient times.
Settlement projects
The spokesman also expressed deep concern over the Israeli government's recent decision to permit citizens to
establish permanent residency in the northern West Bank.
"We are deeply troubled by the Israeli government's recent order that allows citizens to establish permanent
residence in the northern West Bank, which according to Israeli law, is illegally built on private Palestinian land,"
Miller said, when asked about the continued settlement projects on the expense of the Palestinian presence in
Jerusalem.
Miller termed the Israeli government's order as "inconsistent".
Send
HP EXHIBIT 318
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Israel/Palestinian territories: France is concerned about the unilateral (...) - France ONU
https://onu.delegfrance.org/israel-palestinian-territories-france-is-concerned-about-the-continued 1/1
Home > Press Room > France’s Speeches at the UN > Israel/Palestinian territories: France is concerned about the unilateral (...)
Israel/Palestinian territories: France is concerned about the unilateral measures
[fr]
MIDDLE EAST
STATEMENT BY MR. NICOLAS DE RIVIÈRE,
PERMANENT REPRESENTATIVE OF FRANCE TO THE UNITED NATIONS
TO THE SECURITY COUNCIL
(Translation from French)
New York, May 24, 2023
Madam President,
I wish to thank Mr. Wennesland and Ms. Hary for their briefings.
France is concerned about the continued unilateral measures. France condemns the decision of the Israeli authorities to authorize the establishment of settlers in Homesh, in
the Northern part of the occupied West Bank. This decision, like any announcement to expand or create settlements, runs counter to international law. It also contravenes
commitments taken by Israel during the Aqaba and Sharm el-Sheikh meetings. France calls upon the Israeli government to reverse this decision. France will never recognize
the illegal annexation of territories, nor the legalization of unauthorized outposts.
France also expresses its concern regarding the second visit of the Israeli Minister of National Security to the Haram al-Sharif/Temple Mount on May 21. This is a provocation.
France recalls the need to preserve the historic status quo of the Holy Sites in Jerusalem and underscores the importance of the specific role of Jordan in this regard.
These unilateral measures are stoking tensions on the ground. France welcomes the ceasefire that entered into force on May 13 in the evening thanks to the mediation efforts
of Egypt, with the support of the United Nations and Qatar. We call for a sustainable opening of access to Gaza and a lifting of the blockade, accompanied by credible security
guarantees for Israel. France will also continue to condemn any attack on Israel and reiterates its unwavering commitment to Israel’s security. Any loss of civilian life is
unacceptable.
This recent escalation has significantly increased the suffering of civilians. In the Occupied territories, the situation remains precarious. UN agencies, funds, and programs no
longer have the financial means to function normally. By August, the World Food Programme will be forced to suspend part of its operations in the West Bank and Gaza if it
does not receive funding. Likewise, UNRWA requires additional resources by this summer to continue its operations.
This Council bears the responsibility of defending the two-state solution and ensuring that the resolutions it has adopted are upheld. France welcomes the efforts of the United
States, Egypt and Jordan to allow the parties to resume dialogue. We call upon the parties to uphold their commitments, in particular with regard to settlements, but also with
regard to respect for the security prerogatives of the Palestinian Authority in Area A.
As was recalled by the Foreign Ministers of France, Germany, Egypt, and Jordan during the seventh meeting of the Amman/Munich Group on May 11, it is essential to relaunch
a credible political process leading to a comprehensive, just, and lasting peace between Israelis and Palestinians. France stands ready to contribute to these efforts alongside
its partners. The United Nations, and particularly the Special Coordinator, have an important role to play.
Thank you.
Permanent mission of France
MISSION PERMANENTE
DE LA FRANCE AUPRÈS
DES NATIONS UNIES
À NEW YORK
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IV
GENEVA CONVENTION
RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS
IN TIME OF WAR OF 12 AUGUST 1949
PART I
General Provisions
Article 1 Respect for the Convention ....................................................... 169
Article 2 Application of the Convention .................................................. 169
Article 3 Conflicts not of an international character ............................... 169
Article 4 Definition of protected persons ................................................ 170
Article 5 Derogations................................................................................ 171
Article 6 Beginning and end of application ............................................. 171
Article 7 Special agreements..................................................................... 171
Article 8 Non-renunciation of rights........................................................ 172
Article 9 Protecting Powers ...................................................................... 172
Article 10 Activities of the International Committee of the Red Cross .... 172
Article 11 Substitutes for Protecting Powers .............................................. 172
Article 12 Conciliation procedure.............................................................. 173
PART II
General Protection of Populations against certain Consequences ofWar
Article 13 Field of application of Part II..................................................... 174
Article 14 Hospital and safety zones and localities.................................... 174
Article 15 Neutralized zones....................................................................... 174
Article 16 Wounded and sick: I. General protection.................................. 175
Article 17 II. Evacuation ............................................................................. 175
Article 18 III. Protection of hospitals ......................................................... 175
Article 19 IV.Discontinuance of protection of hospitals........................... 176
Article 20 V.Hospital staff .......................................................................... 176
Article 21 VI. Land and sea transport ........................................................ 176
Article 22 VII. Air transport ....................................................................... 177
Article 23 Consignments of medical supplies, food and clothing............. 177
Article 24 Measures relating to child welfare ............................................. 178
Article 25 Family news................................................................................ 178
Article 26 Dispersed families...................................................................... 178
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PART III
Status and Treatment of Protected Persons
SECTION I – Provisions common to the Territories of
the Parties to the Conflict and to Occupied Territories
Article 27 Treatment: I. General observations ........................................... 179
Article 28 II. Danger zones ......................................................................... 179
Article 29 III. Responsibilities .................................................................... 180
Article 30 Application to Protecting Powers and relief organizations....... 180
Article 31 Prohibition of coercion.............................................................. 180
Article 32 Prohibition of corporal punishment, torture, etc...................... 180
Article 33 Individual responsibility, collective penalties, pillage, reprisals 180
Article 34 Hostages ..................................................................................... 180
SECTION II – Aliens in the Territory of a Party to the Conflict
Article 35 Right to leave the territory......................................................... 181
Article 36 Method of repatriation .............................................................. 181
Article 37 Persons in confinement ............................................................. 181
Article 38 Non-repatriated persons: I. General observations.................... 182
Article 39 II.Means of existence................................................................. 182
Article 40 III.Employment......................................................................... 182
Article 41 IV.Assigned residence. Internment ........................................... 183
Article 42 V.Grounds for internment or assigned residence.
Voluntary internment ................................................................ 183
Article 43 VI. Procedure ............................................................................. 183
Article 44 VII. Refugees .............................................................................. 184
Article 45 VIII. Transfer to another Power................................................. 184
Article 46 Cancellation of restrictive measures.......................................... 184
SECTION III – Occupied Territories
Article 47 Inviolability of rights ................................................................. 185
Article 48 Special cases of repatriation ...................................................... 185
Article 49 Deportations, transfers, evacuations ......................................... 185
Article 50 Children ..................................................................................... 186
Article 51 Enlistment. Labour .................................................................... 186
Article 52 Protection of workers................................................................. 187
Article 53 Prohibited destruction............................................................... 187
Article 54 Judges and public officials ......................................................... 187
Article 55 Food and medical supplies for the population ......................... 187
Article 56 Hygiene and public health ......................................................... 188
Article 57 Requisition of hospitals ............................................................. 188
Article 58 Spiritual assistance..................................................................... 188
Article 59 Relief: I. Collective relief ............................................................ 188
164 CONTENTS
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Article 60 II. Responsibilities of the Occupying Power ............................ 189
Article 61 III. Distribution.......................................................................... 189
Article 62 IV. Individual relief..................................................................... 189
Article 63 National Red Cross and other relief societies ........................... 189
Article 64 Penal legislation: I.General observations.................................. 190
Article 65 II. Publication............................................................................. 190
Article 66 III. Competent courts ................................................................ 190
Article 67 IV.Applicable provisions ........................................................... 190
Article 68 V. Penalties. Death penalty......................................................... 191
Article 69 VI.Deduction from sentence of period spent under arrest...... 191
Article 70 VII. Offences committed before occupation............................. 191
Article 71 Penal procedure: I. General observations.................................. 192
Article 72 II. Right of defence..................................................................... 192
Article 73 III. Right of appeal ..................................................................... 193
Article 74 IV.Assistance by the Protecting Power...................................... 193
Article 75 V. Death sentence ....................................................................... 193
Article 76 Treatment of detainees............................................................... 194
Article 77 Handing over of detainees at the close of occupation .............. 194
Article 78 Security measures. Internment and assigned residence.
Right of appeal ........................................................................... 194
SECTION IV – Regulations for the Treatment of Internees
CHAPTER I – GENERAL PROVISIONS
Article 79 Cases of internment and applicable provisions ........................ 195
Article 80 Civil capacity.............................................................................. 195
Article 81 Maintenance............................................................................... 195
Article 82 Grouping of internees................................................................ 195
CHAPTER II – PLACES OF INTERNMENT
Article 83 Location of places of internment.Marking of camps ............... 196
Article 84 Separate internment................................................................... 196
Article 85 Accommodation, hygiene .......................................................... 196
Article 86 Premises for religious services................................................... 197
Article 87 Canteens..................................................................................... 197
Article 88 Air raid shelters. Protective measures........................................ 198
CHAPTER III – FOOD AND CLOTHING
Article 89 Food ........................................................................................... 198
Article 90 Clothing...................................................................................... 198
CHAPTER IV – HYGIENE AND MEDICAL ATTENTION
Article 91 Medical attention ....................................................................... 199
CONTENTS 165
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Article 92 Medical inspections ................................................................... 199
CHAPTER V – RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Article 93 Religious duties .......................................................................... 200
Article 94 Recreation, study, sports and games.......................................... 200
Article 95 Working conditions ................................................................... 201
Article 96 Labour detachments .................................................................. 201
CHAPTER VI – PERSONAL PROPERTY AND FINANCIAL RESOURCES
Article 97 Valuables and personal effects ................................................... 202
Article 98 Financial resources and individual accounts ............................ 203
CHAPTER VII –ADMINISTRATION AND DISCIPLINE
Article 99 Camp administration.
Posting of the Convention and of orders .................................. 203
Article 100 General discipline ...................................................................... 204
Article 101 Complaints and petitions .......................................................... 204
Article 102 Internee committees: I. Election of members .......................... 204
Article 103 II. Duties..................................................................................... 205
Article 104 III. Prerogatives .......................................................................... 205
CHAPTER VIII – RELATIONS WITH THE EXTERIOR
Article 105 Notification of measures taken.................................................. 205
Article 106 Internment card ......................................................................... 206
Article 107 Correspondence......................................................................... 206
Article 108 Relief shipments: I. General principles...................................... 206
Article 109 II. Collective relief ...................................................................... 207
Article 110 III. Exemption from postal and transport charges ................... 207
Article 111 Special means of transport ........................................................ 208
Article 112 Censorship and examination..................................................... 208
Article 113 Execution and transmission of legal documents ...................... 209
Article 114 Management of property........................................................... 209
Article 115 Facilities for preparation and conduct of cases......................... 209
Article 116 Visits........................................................................................... 209
CHAPTER IX – PENAL AND DISCIPLINARY SANCTIONS
Article 117 General provisions.Applicable legislation ................................ 209
Article 118 Penalties ..................................................................................... 210
Article 119 Disciplinary punishments.......................................................... 210
Article 120 Escapes ....................................................................................... 210
Article 121 Connected offences.................................................................... 211
Article 122 Investigations. Confinement awaiting hearing.......................... 211
166 CONTENTS
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Article 123 Competent authorities. Procedure............................................. 211
Article 124 Premises for disciplinary punishments ..................................... 212
Article 125 Essential safeguards ................................................................... 212
Article 126 Provisions applicable to judicial proceedings ........................... 212
CHAPTER X – TRANSFERS OF INTERNEES
Article 127 Conditions.................................................................................. 213
Article 128 Method....................................................................................... 213
CHAPTER XI – DEATHS
Article 129 Wills. Death certificates ............................................................. 214
Article 130 Burial. Cremation....................................................................... 214
Article 131 Internees killed or injured in special circumstances................. 215
CHAPTER XII – RELEASE, REPATRIATION AND ACCOMMODATION IN
NEUTRAL COUNTRIES
Article 132 During hostilities or occupation ............................................... 215
Article 133 After the close of hostilities ....................................................... 215
Article 134 Repatriation and return to last place of residence .................... 216
Article 135 Costs........................................................................................... 216
SECTION V – Information Bureaux and Central Agency
Article 136 National Bureaux ....................................................................... 216
Article 137 Transmission of information..................................................... 217
Article 138 Particulars required ................................................................... 217
Article 139 Forwarding of personal valuables.............................................. 217
Article 140 Central Agency........................................................................... 218
Article 141 Exemption from charges........................................................... 218
PART IV
Execution of the Convention
SECTION I – General Provisions
Article 142 Relief societies and other organizations.................................... 219
Article 143 Supervision ................................................................................ 219
Article 144 Dissemination of the Convention ............................................. 220
Article 145 Translations. Rules of application.............................................. 220
Article 146 Penal sanctions: I.General observations................................... 220
Article 147 II.Grave breaches....................................................................... 221
Article 148 III. Responsibilities of the Contracting Parties ......................... 221
Article 149 Enquiry procedure..................................................................... 221
CONTENTS 167
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SECTION II – Final Provisions
Article 150 Languages................................................................................... 221
Article 151 Signature .................................................................................... 222
Article 152 Ratification................................................................................. 222
Article 153 Coming into force ...................................................................... 222
Article 154 Relation with the Hague Conventions....................................... 222
Article 155 Accession.................................................................................... 222
Article 156 Notification of accessions .......................................................... 222
Article 157 Immediate effect ........................................................................ 222
Article 158 Denunciation ............................................................................. 223
Article 159 Registration with the United Nations........................................ 223
ANNEX I
Draft Agreement relating to Hospital and Safety Zones and Localities............ 224
ANNEX II
Draft Regulations concerning Collective Relief................................................. 227
ANNEX III
I. Internment Card.............................................................................................. 229
II. Letter .............................................................................................................. 230
III. Correspondence Card .................................................................................. 231
168 CONTENTS
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IV
GENEVA CONVENTION
RELATIVE TO THE PROTECTION OF CIVILIAN
PERSONS IN TIME OF WAR OF 12 AUGUST 1949
PART I
GENERAL PROVISIONS
Article 1. — The High Contracting Parties undertake to respect
and to ensure respect for the present Convention in all
circumstances.
ART. 2. — In addition to the provisions which shall be
implemented in peacetime, the present Convention shall apply to all
cases of declared war or of any other armed conflict which may arise
between two or more of the High Contracting Parties, even if the
state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total
occupation of the territory of a High Contracting Party, even if the
said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the
present Convention, the Powers who are parties thereto shall remain
bound by it in their mutual relations. They shall furthermore be
bound by the Convention in relation to the said Power, if the latter
accepts and applies the provisions thereof.
ART. 3. — In the case of armed conflict not of an international
character occurring in the territory of one of the High Contracting
Parties, each Party to the conflict shall be bound to apply, as a
minimum, the following provisions:
1) Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds, detention,
or any other cause, shall in all circumstances be treated
Respect
for the
Convention1
Application
of the
Convention
Conflicts
not of an
international
character
1 The marginal notes or titles of articles have been drafted by the Swiss Federal
Department of Foreign Affairs.
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humanely, without any adverse distinction founded on race,
colour, religion or faith, sex, birth or wealth, or any other
similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to
the above-mentioned persons:
a) violence to life and person, in particular murder of all
kinds,mutilation, cruel treatment and torture;
b) taking of hostages;
c) outrages upon personal dignity, in particular humiliating
and degrading treatment;
d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by
civilized peoples.
2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to
the conflict.
The Parties to the conflict should further endeavour to bring into
force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.
ART. 4. — Persons protected by the Convention are those who at
a given moment and in any manner whatsoever, find themselves, in
case of a conflict or occupation, in the hands of persons a Party to
the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not
protected by it. Nationals of a neutral State who find themselves in
the territory of a belligerent State, and nationals of a co-belligerent
State, shall not be regarded as protected persons while the State of
which they are nationals has normal diplomatic representation in
the State in whose hands they are.
The provisions of Part II are, however, wider in application, as
defined in Article 13.
Persons protected by the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, or by the Geneva Convention
for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea of August 12, 1949,
170 FOURTH GENEVA CONVENTION OF 1949
Definition of
protected
persons
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or by the Geneva Convention relative to the Treatment of Prisoners
of War of August 12, 1949, shall not be considered as protected
persons within the meaning of the present Convention.
ART. 5. — Where, in the territory of a Party to the conflict, the
latter is satisfied that an individual protected person is definitely
suspected of or engaged in activities hostile to the security of the
State, such individual person shall not be entitled to claim such
rights and privileges under the present Convention as would, if
exercised in the favour of such individual person, be prejudicial to
the security of such State.
Where in occupied territory an individual protected person is
detained as a spy or saboteur,or as a person under definite suspicion
of activity hostile to the security of the Occupying Power, such
person shall, in those cases where absolute military security so
requires, be regarded as having forfeited rights of communication
under the present Convention.
In each case, such persons shall nevertheless be treated with
humanity, and in case of trial, shall not be deprived of the rights of
fair and regular trial prescribed by the present Convention.They shall
also be granted the full rights and privileges of a protected person
under the present Convention at the earliest date consistent with the
security of the State or Occupying Power, as the case may be.
ART. 6.— The present Convention shall apply from the outset of
any conflict or occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application of the
present Convention shall cease on the general close of military
operations.
In the case of occupied territory, the application of the present
Convention shall cease one year after the general close of military
operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such Power exercises
the functions of government in such territory, by the provisions of
the following Articles of the present Convention: 1 to 12, 27, 29 to
34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or reestablishment
may take place after such dates shall meanwhile
continue to benefit by the present Convention.
ART. 7. — In addition to the agreements expressly provided for in
Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High
Contracting Parties may conclude other special agreements for all
matters concerning which they may deem it suitable to make
PROTECTION OF CIVILIAN PERSONS 171
Derogations
Beginning
and end of
application
Special
agreements
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separate provision. No special agreement shall adversely affect the
situation of protected persons, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except
where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of the
Parties to the conflict.
ART. 8. — Protected persons may in no circumstances renounce
in part or in entirety the rights secured to them by the present
Convention, and by the special agreements referred to in the
foregoing Article, if such there be.
ART. 9. — The present Convention shall be applied with the cooperation
and under the scrutiny of the Protecting Powers whose
duty it is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst their own
nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which
they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent
possible the task of the representatives or delegates of the Protecting
Powers.
The representatives or delegates of the Protecting Powers shall
not in any case exceed their mission under the present Convention.
They shall, in particular, take account of the imperative necessities
of security of the State wherein they carry out their duties.
ART. 10. — The provisions of the present Convention constitute
no obstacle to the humanitarian activities which the International
Committee of the Red Cross or any other impartial humanitarian
organization may, subject to the consent of the Parties to the conflict
concerned, undertake for the protection of civilian persons and for
their relief.
ART. 11. — The High Contracting Parties may at any time agree
to entrust to an international organization which offers all
guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.
When persons protected by the present Convention do not
benefit or cease to benefit, no matter for what reason, by the
172 FOURTH GENEVA CONVENTION OF 1949
Nonrenunciation
of rights
Protecting
Powers
Substitutes
for Protecting
Powers
Activities
of the
International
Committee of
the Red Cross
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activities of a Protecting Power or of an organization provided for in
the first paragraph above, the Detaining Power shall request a
neutral State, or such an organization, to undertake the functions
performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization,
such as the International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the
whole, or a substantial part, of the territory of the said Power is
occupied.
Whenever in the present Convention mention is made of a
Protecting Power, such mention applies to substitute organizations
in the sense of the present Article.
The provisions of this Article shall extend and be adapted to
cases of nationals of a neutral State who are in occupied territory or
who find themselves in the territory of a belligerent State in which
the State of which they are nationals has not normal diplomatic
representation.
ART. 12. — In cases where they deem it advisable in the interest
of protected persons, particularly in cases of disagreement between
the Parties to the conflict as to the application or interpretation of
the provisions of the present Convention, the Protecting Powers
shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the
Parties to the conflict a meeting of their representatives, and in
particular of the authorities responsible for protected persons,
possibly on neutral territory suitably chosen. The Parties to the
conflict shall be bound to give effect to the proposals made to them
PROTECTION OF CIVILIAN PERSONS 173
Conciliation
procedure
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for this purpose. The Protecting Powers may, if necessary, propose
for approval by the Parties to the conflict, a person belonging to a
neutral Power or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a meeting.
PART II
GENERAL PROTECTION OF POPULATIONS
AGAINST CERTAIN CONSEQUENCES OF WAR
ART. 13. — The provisions of Part II cover the whole of the
populations of the countries in conflict, without any adverse
distinction based, in particular, on race, nationality, religion or
political opinion, and are intended to alleviate the sufferings caused
by war.
ART. 14. — In time of peace, the High Contracting Parties and,
after the outbreak of hostilities, the Parties thereto, may establish in
their own territory and, if the need arises, in occupied areas,
hospital and safety zones and localities so organized as to protect
from the effects of war, wounded, sick and aged persons, children
under fifteen, expectant mothers and mothers of children under
seven.
Upon the outbreak and during the course of hostilities, the
Parties concerned may conclude agreements on mutual recognition
of the zones and localities they have created. They may for this
purpose implement the provisions of the Draft Agreement annexed
to the present Convention, with such amendments as they may
consider necessary.
The Protecting Powers and the International Committee of the
Red Cross are invited to lend their good offices in order to facilitate
the institution and recognition of these hospital and safety zones
and localities.
ART. 15. — Any Party to the conflict may, either direct or through
a neutral State or some humanitarian organization, propose to the
adverse Party to establish, in the regions where fighting is taking
place, neutralized zones intended to shelter from the effects of war
the following persons, without distinction:
a) wounded and sick combatants or non-combatants;
174 FOURTH GENEVA CONVENTION OF 1949
Field of
application
of Part II
Hospital and
safety zones
and localities
Neutralized
zones
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b) civilian persons who take no part in hostilities, and who,
while they reside in the zones, perform no work of a military
character.
When the Parties concerned have agreed upon the geographical
position, administration, food supply and supervision of the
proposed neutralized zone, a written agreement shall be concluded
and signed by the representatives of the Parties to the conflict. The
agreement shall fix the beginning and the duration of the
neutralization of the zone.
ART. 16. — The wounded and sick, as well as the infirm, and
expectant mothers, shall be the object of particular protection and
respect.
As far as military considerations allow, each Party to the conflict
shall facilitate the steps taken to search for the killed and wounded,
to assist the shipwrecked and other persons exposed to grave
danger, and to protect them against pillage and ill-treatment.
ART. 17. — The Parties to the conflict shall endeavour to
conclude local agreements for the removal from besieged or
encircled areas,of wounded, sick, infirm,and aged persons, children
and maternity cases, and for the passage of ministers of all religions,
medical personnel and medical equipment on their way to such
areas.
ART. 18. — Civilian hospitals organized to give care to the
wounded and sick, the infirm and maternity cases, may in no
circumstances be the object of attack, but shall at all times be
respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian
hospitals with certificates showing that they are civilian hospitals
and that the buildings which they occupy are not used for any
purpose which would deprive these hospitals of protection in
accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem
provided for in Article 38 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, but only if so authorized by
the State.
The Parties to the conflict shall, in so far as military
considerations permit, take the necessary steps to make the
distinctive emblems indicating civilian hospitals clearly visible to
the enemy land, air and naval forces in order to obviate the
possibility of any hostile action.
PROTECTION OF CIVILIAN PERSONS 175
Wounded
and sick
I.
General
protection
II.
Evacuation
III.
Protection
of hospitals
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In view of the dangers to which hospitals may be exposed by
being close to military objectives, it is recommended that such
hospitals be situated as far as possible from such objectives.
ART. 19.— The protection to which civilian hospitals are entitled
shall not cease unless they are used to commit, outside their
humanitarian duties, acts harmful to the enemy. Protection may,
however, cease only after due warning has been given, naming, in all
appropriate cases, a reasonable time limit, and after such warning
has remained unheeded.
The fact that sick or wounded members of the armed forces are
nursed in these hospitals, or the presence of small arms and
ammunition taken from such combatants and not yet handed to the
proper service, shall not be considered to be acts harmful to the
enemy.
ART. 20. — Persons regularly and solely engaged in the operation
and administration of civilian hospitals, including the personnel
engaged in the search for, removal and transporting of and caring
for wounded and sick civilians, the infirm and maternity cases, shall
be respected and protected.
In occupied territory and in zones of military operations, the
above personnel shall be recognizable by means of an identity card
certifying their status, bearing the photograph of the holder and
embossed with the stamp of the responsible authority, and also by
means of a stamped,water-resistant armlet which they shall wear on
the left arm while carrying out their duties. This armlet shall be
issued by the State and shall bear the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Other personnel who are engaged in the operation and
administration of civilian hospitals shall be entitled to respect and
protection and to wear the armlet, as provided in and under the
conditions prescribed in this Article, while they are employed on
such duties.The identity card shall state the duties on which they are
employed.
The management of each hospital shall at all times hold at the
disposal of the competent national or occupying authorities an upto-
date list of such personnel.
ART. 21. — Convoys of vehicles or hospital trains on land or
specially provided vessels on sea, conveying wounded and sick
civilians, the infirm and maternity cases, shall be respected and
176 FOURTH GENEVA CONVENTION OF 1949
IV.
Discontinuance
of
protection
of hospitals
V.
Hospital staff
VI.
Land and sea
transport
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protected in the same manner as the hospitals provided for in
Article 18, and shall be marked,with the consent of the State, by the
display of the distinctive emblem provided for in Article 38 of the
Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949.
ART. 22. — Aircraft exclusively employed for the removal of
wounded and sick civilians, the infirm and maternity cases, or for
the transport of medical personnel and equipment, shall not be
attacked, but shall be respected while flying at heights, times and on
routes specifically agreed upon between all the Parties to the conflict
concerned.
They may be marked with the distinctive emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a
landing thus imposed, the aircraft with its occupants may continue
its flight after examination, if any.
ART. 23. — Each High Contracting Party shall allow the free
passage of all consignments of medical and hospital stores and
objects necessary for religious worship intended only for civilians of
another High Contracting Party, even if the latter is its adversary. It
shall likewise permit the free passage of all consignments of
essential foodstuffs, clothing and tonics intended for children under
fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free
passage of the consignments indicated in the preceding paragraph
is subject to the condition that this Party is satisfied that there are no
serious reasons for fearing:
a) that the consignments may be diverted from their destination,
b) that the control may not be effective, or
c) that a definite advantage may accrue to the military efforts or
economy of the enemy through the substitution of the abovementioned
consignments for goods which would otherwise
be provided or produced by the enemy or through the release
of such material, services or facilities as would otherwise be
required for the production of such goods.
The Power which allows the passage of the consignments
indicated in the first paragraph of this Article may make such
PROTECTION OF CIVILIAN PERSONS 177
VII.
Air transport
Consignments
of medical
supplies, food
and clothing
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permission conditional on the distribution to the persons benefited
thereby being made under the local supervision of the Protecting
Powers.
Such consignments shall be forwarded as rapidly as possible, and
the Power which permits their free passage shall have the right to
prescribe the technical arrangements under which such passage is
allowed.
ART. 24. — The Parties to the conflict shall take the necessary
measures to ensure that children under fifteen,who are orphaned or
are separated from their families as a result of the war, are not left to
their own resources,and that their maintenance, the exercise of their
religion and their education are facilitated in all circumstances.
Their education shall, as far as possible, be entrusted to persons of a
similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such
children in a neutral country for the duration of the conflict with the
consent of the Protecting Power, if any, and under due safeguards for
the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children
under twelve to be identified by the wearing of identity discs, or by
some other means.
ART. 25. — All persons in the territory of a Party to the conflict,
or in a territory occupied by it, shall be enabled to give news of a
strictly personal nature to members of their families, wherever they
may be, and to receive news from them. This correspondence shall
be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible
to exchange family correspondence by the ordinary post, the Parties
to the conflict concerned shall apply to a neutral intermediary, such
as the Central Agency provided for in Article 140, and shall decide
in consultation with it how to ensure the fulfilment of their
obligations under the best possible conditions, in particular with
the co-operation of the National Red Cross (Red Crescent,Red Lion
and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family
correspondence, such restrictions shall be confined to the
compulsory use of standard forms containing twenty-five freely
chosen words, and to the limitation of the number of these forms
despatched to one each month.
ART. 26. — Each Party to the conflict shall facilitate enquiries
made by members of families dispersed owing to the war, with the
178 FOURTH GENEVA CONVENTION OF 1949
Measures
relating to
child welfare
Family news
Dispersed
families
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object of renewing contact with one another and of meeting, if
possible. It shall encourage, in particular, the work of organizations
engaged on this task provided they are acceptable to it and conform
to its security regulations.
PART III
STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I
PROVISIONS COMMON TO THE TERRITORIES
OF THE PARTIES TO THE CONFLICT
AND TO OCCUPIED TERRITORIES
ART. 27.— Protected persons are entitled, in all circumstances, to
respect for their persons, their honour, their family rights, their
religious convictions and practices, and their manners and customs.
They shall at all times be humanely treated, and shall be protected
especially against all acts of violence or threats thereof and against
insults and public curiosity.
Women shall be especially protected against any attack on their
honour, in particular against rape, enforced prostitution, or any
form of indecent assault.
Without prejudice to the provisions relating to their state of
health, age and sex, all protected persons shall be treated with the
same consideration by the Party to the conflict in whose power they
are, without any adverse distinction based, in particular, on race,
religion or political opinion.
However, the Parties to the conflict may take such measures of
control and security in regard to protected persons as may be
necessary as a result of the war.
ART. 28. — The presence of a protected person may not be used
to render certain points or areas immune from military operations.
PROTECTION OF CIVILIAN PERSONS 179
Treatment
I.
General
observations
II.
Danger zones
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ART. 29. — The Party to the conflict in whose hands protected
persons may be, is responsible for the treatment accorded to them
by its agents, irrespective of any individual responsibility which may
be incurred.
ART. 30. — Protected persons shall have every facility for making
application to the Protecting Powers, the International Committee
of the Red Cross, the National Red Cross (Red Crescent, Red Lion
and Sun) Society of the country where they may be, as well as to any
organization that might assist them.
These several organizations shall be granted all facilities for that
purpose by the authorities, within the bounds set by military or
security considerations.
Apart from the visits of the delegates of the Protecting Powers
and of the International Committee of the Red Cross, provided for
by Article 143, the Detaining or Occupying Powers shall facilitate as
much as possible visits to protected persons by the representatives
of other organizations whose object is to give spiritual aid or
material relief to such persons.
ART. 31. — No physical or moral coercion shall be exercised
against protected persons, in particular to obtain information from
them or from third parties.
ART. 32. — The High Contracting Parties specifically agree that
each of them is prohibited from taking any measure of such a
character as to cause the physical suffering or extermination of
protected persons in their hands. This prohibition applies not only
to murder, torture, corporal punishment,mutilation and medical or
scientific experiments not necessitated by the medical treatment of
a protected person, but also to any other measures of brutality
whether applied by civilian or military agents.
ART. 33. — No protected person may be punished for an offence
he or she has not personally committed. Collective penalties and
likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are
prohibited.
ART. 34. — The taking of hostages is prohibited.
180 FOURTH GENEVA CONVENTION OF 1949
III.
Responsibilities
Application
to Protecting
Powers and
relief
organizations
Prohibition
of coercion
Prohibition
of corporal
punishment,
torture, etc.
Individual
responsibility,
collective
penalties,
pillage,
reprisals
Hostages
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SECTION II
ALIENS IN THE TERRITORY
OF A PARTY TO THE CONFLICT
ART. 35. — All protected persons who may desire to leave the
territory at the outset of, or during a conflict, shall be entitled to do
so, unless their departure is contrary to the national interests of the
State. The applications of such persons to leave shall be decided in
accordance with regularly established procedures and the decision
shall be taken as rapidly as possible. Those persons permitted to
leave may provide themselves with the necessary funds for their
journey and take with them a reasonable amount of their effects and
articles of personal use.
If any such person is refused permission to leave the territory, he
shall be entitled to have such refusal reconsidered as soon as
possible by an appropriate court or administrative board designated
by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall,
unless reasons of security prevent it, or the persons concerned
object, be furnished with the reasons for refusal of any request for
permission to leave the territory and be given, as expeditiously as
possible, the names of all persons who have been denied permission
to leave.
ART. 36. — Departures permitted under the foregoing Article
shall be carried out in satisfactory conditions as regards safety,
hygiene, sanitation and food. All costs in connection therewith,
from the point of exit in the territory of the Detaining Power, shall
be borne by the country of destination, or, in the case of
accommodation in a neutral country, by the Power whose nationals
are benefited. The practical details of such movements may, if
necessary, be settled by special agreements between the Powers
concerned.
The foregoing shall not prejudice such special agreements as may
be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.
ART. 37. — Protected persons who are confined pending
proceedings or serving a sentence involving loss of liberty, shall
during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in
conformity with the foregoing Articles.
PROTECTION OF CIVILIAN PERSONS 181
Right to leave
the territory
Method of
repatriation
Persons in
confinement
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ART. 38. — With the exception of special measures authorized by
the present Convention, in particular by Articles 27 and 41 thereof,
the situation of protected persons shall continue to be regulated, in
principle, by the provisions concerning aliens in time of peace. In
any case, the following rights shall be granted to them:
1) They shall be enabled to receive the individual or collective
relief that may be sent to them.
2) They shall, if their state of health so requires, receive medical
attention and hospital treatment to the same extent as the
nationals of the State concerned.
3) They shall be allowed to practise their religion and to receive
spiritual assistance from ministers of their faith.
4) If they reside in an area particularly exposed to the dangers of
war, they shall be authorized to move from that area to the
same extent as the nationals of the State concerned.
5) Children under fifteen years, pregnant women and mothers
of children under seven years shall benefit by any preferential
treatment to the same extent as the nationals of the State
concerned.
ART. 39. — Protected persons who, as a result of the war, have lost
their gainful employment, shall be granted the opportunity to find
paid employment. That opportunity shall, subject to security
considerations and to the provisions of Article 40, be equal to that
enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person
methods of control which result in his being unable to support
himself, and especially if such a person is prevented for reasons of
security from finding paid employment on reasonable conditions,
the said Party shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances from their
home country, the Protecting Power, or the relief societies referred
to in Article 30.
ART. 40. — Protected persons may be compelled to work only to
the same extent as nationals of the Party to the conflict in whose
territory they are.
If protected persons are of enemy nationality, they may only be
compelled to do work which is normally necessary to ensure the
feeding, sheltering, clothing, transport and health of human beings
and which is not directly related to the conduct of military
operations.
182 FOURTH GENEVA CONVENTION OF 1949
II.
Means of
existence
III.
Employment
Nonrepatriated
persons
I.
General
observations
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In the cases mentioned in the two preceding paragraphs,
protected persons compelled to work shall have the benefit of the
same working conditions and of the same safeguards as national
workers, in particular as regards wages, hours of labour, clothing
and equipment, previous training and compensation for
occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be
allowed to exercise their right of complaint in accordance with
Article 30.
ART. 41. — Should the Power in whose hands protected persons
may be consider the measures of control mentioned in the present
Convention to be inadequate, it may not have recourse to any other
measure of control more severe than that of assigned residence or
internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the
cases of persons required to leave their usual places of residence by
virtue of a decision placing them in assigned residence elsewhere,
the Detaining Power shall be guided as closely as possible by the
standards of welfare set forth in Part III, Section IV of this
Convention.
ART. 42. — The internment or placing in assigned residence of
protected persons may be ordered only if the security of the
Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the
Protecting Power, voluntarily demands internment, and if his
situation renders this step necessary, he shall be interned by the
Power in whose hands he may be.
ART. 43. — Any protected person who has been interned or
placed in assigned residence shall be entitled to have such action
reconsidered as soon as possible by an appropriate court or
administrative board designated by the Detaining Power for that
purpose. If the internment or placing in assigned residence is
maintained, the court or administrative board shall periodically,
and at least twice yearly, give consideration to his or her case,with a
view to the favourable amendment of the initial decision, if
circumstances permit.
Unless the protected persons concerned object, the Detaining
Power shall, as rapidly as possible, give the Protecting Power the
names of any protected persons who have been interned or
subjected to assigned residence, or who have been released from
internment or assigned residence. The decisions of the courts or
PROTECTION OF CIVILIAN PERSONS 183
IV.
Assigned
residence.
Internment
V.
Grounds for
internment
or assigned
residence.
Voluntary
internment
VI.
Procedure
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boards mentioned in the first paragraph of the present Article shall
also, subject to the same conditions, be notified as rapidly as
possible to the Protecting Power.
ART. 44.— In applying the measures of control mentioned in the
present Convention, the Detaining Power shall not treat as enemy
aliens exclusively on the basis of their nationality de jure of an
enemy State, refugees who do not, in fact, enjoy the protection of
any government.
ART. 45. — Protected persons shall not be transferred to a Power
which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the
repatriation of protected persons, or to their return to their country
of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power
only to a Power which is a party to the present Convention and after
the Detaining Power has satisfied itself of the willingness and ability
of such transferee Power to apply the present Convention. If
protected persons are transferred under such circumstances,
responsibility for the application of the present Convention rests on
the Power accepting them, while they are in its custody.
Nevertheless, if that Power falls to carry out the provisions of the
present Convention in any important respect, the Power by which
the protected persons were transferred shall, upon being so notified
by the Protecting Power, take effective measures to correct the
situation or shall request the return of the protected persons. Such
request must be complied with.
In no circumstances shall a protected person be transferred to a
country where he or she may have reason to fear persecution for his
or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the
extradition, in pursuance of extradition treaties concluded before
the outbreak of hostilities, of protected persons accused of offences
against ordinary criminal law.
ART. 46.— In so far as they have not been previously withdrawn,
restrictive measures taken regarding protected persons shall be
cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled,
in accordance with the law of the Detaining Power, as soon as
possible after the close of hostilities.
184 FOURTH GENEVA CONVENTION OF 1949
VII.
Refugees
VIII.
Transfer to
another
Power
Cancellation
of restrictive
measures
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SECTION III
OCCUPIED TERRITORIES
ART. 47. — Protected persons who are in occupied territory shall
not be deprived, in any case or in any manner whatsoever, of the
benefits of the present Convention by any change introduced, as the
result of the occupation of a territory, into the institutions or
government of the said territory, nor by any agreement concluded
between the authorities of the occupied territories and the
Occupying Power, nor by any annexation by the latter of the whole
or part of the occupied territory.
ART. 48. — Protected persons who are not nationals of the Power
whose territory is occupied,may avail themselves of the right to leave
the territory subject to the provisions of Article 35, and decisions
thereon shall be taken according to the procedure which the
Occupying Power shall establish in accordance with the said Article.
ART. 49. — Individual or mass forcible transfers, as well as
deportations of protected persons from occupied territory to the
territory of the Occupying Power or to that of any other country,
occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or
partial evacuation of a given area if the security of the population or
imperative military reasons so demand. Such evacuations may not
involve the displacement of protected persons outside the bounds of
the occupied territory except when for material reasons it is
impossible to avoid such displacement.Persons thus evacuated shall
be transferred back to their homes as soon as hostilities in the area
in question have ceased.
The Occupying Power undertaking such transfers or evacuations
shall ensure, to the greatest practicable extent, that proper
accommodation is provided to receive the protected persons, that
the removals are effected in satisfactory conditions of hygiene,
health, safety and nutrition, and that members of the same family
are not separated.
The Protecting Power shall be informed of any transfers and
evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an
area particularly exposed to the dangers of war unless the security
of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its
own civilian population into the territory it occupies.
PROTECTION OF CIVILIAN PERSONS 185
Inviolability
of rights
Special
cases of
repatriation
Deportations,
transfers,
evacuations
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ART. 50. — The Occupying Power shall,with the co-operation of
the national and local authorities, facilitate the proper working of all
institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate
the identification of children and the registration of their parentage.
It may not, in any case, change their personal status, nor enlist them
in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the
Occupying Power shall make arrangements for the maintenance
and education, if possible by persons of their own nationality,
language and religion, of children who are orphaned or separated
from their parents as a result of the war and who cannot be
adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with
Article 136 shall be responsible for taking all necessary steps to
identify children whose identity is in doubt. Particulars of their
parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any
preferential measures in regard to food,medical care and protection
against the effects of war,which may have been adopted prior to the
occupation in favour of children under fifteen years, expectant
mothers, and mothers of children under seven years.
ART. 51. — The Occupying Power may not compel protected
persons to serve in its armed or auxiliary forces.No pressure or propaganda
which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work
unless they are over eighteen years of age, and then only on work
which is necessary either for the needs of the army of occupation, or
for the public utility services, or for the feeding, sheltering, clothing,
transportation or health of the population of the occupied country.
Protected persons may not be compelled to undertake any work
which would involve them in the obligation of taking part in military
operations.The Occupying Power may not compel protected persons
to employ forcible means to ensure the security of the installations
where they are performing compulsory labour.
The work shall be carried out only in the occupied territory
where the persons whose services have been requisitioned are.
Every such person shall, so far as possible, be kept in his usual place
of employment.Workers shall be paid a fair wage and the work shall
be proportionate to their physical and intellectual capacities. The
legislation in force in the occupied country concerning working
conditions, and safeguards as regards, in particular, such matters as
wages, hours of work, equipment, preliminary training and
compensation for occupational accidents and diseases, shall be
186 FOURTH GENEVA CONVENTION OF 1949
Enlistment.
Labour
Children
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applicable to the protected persons assigned to the work referred to
in this Article.
In no case shall requisition of labour lead to a mobilization of
workers in an organization of a military or semi-military character.
ART. 52. — No contract, agreement or regulation shall impair the
right of any worker,whether voluntary or not and wherever he may
be, to apply to the representatives of the Protecting Power in order
to request the said Power’s intervention.
All measures aiming at creating unemployment or at restricting the
opportunities offered to workers in an occupied territory, in order to
induce them to work for the Occupying Power, are prohibited.
ART. 53. — Any destruction by the Occupying Power of real or
personal property belonging individually or collectively to private
persons, or to the State, or to other public authorities, or to social or
co-operative organizations, is prohibited, except where such
destruction is rendered absolutely necessary by military operations.
ART. 54. — The Occupying Power may not alter the status of
public officials or judges in the occupied territories, or in any way
apply sanctions to or take any measures of coercion or
discrimination against them, should they abstain from fulfilling
their functions for reasons of conscience.
This prohibition does not prejudice the application of the second
paragraph of Article 51. It does not affect the right of the Occupying
Power to remove public officials from their posts.
ART. 55. — To the fullest extent of the means available to it, the
Occupying Power has the duty of ensuring the food and medical
supplies of the population; it should, in particular, bring in the
necessary foodstuffs, medical stores and other articles if the
resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or
medical supplies available in the occupied territory, except for use
by the occupation forces and administration personnel, and then
only if the requirements of the civilian population have been taken
into account. Subject to the provisions of other international
Conventions, the Occupying Power shall make arrangements to
ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the
state of the food and medical supplies in occupied territories, except
where temporary restrictions are made necessary by imperative
military requirements.
PROTECTION OF CIVILIAN PERSONS 187
Protection
of workers
Prohibited
destruction
Judges
and public
officials
Food
and medical
supplies
for the
population
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ART. 56. — To the fullest extent of the means available to it, the
Occupying Power has the duty of ensuring and maintaining, with
the co-operation of national and local authorities, the medical and
hospital establishments and services, public health and hygiene in
the occupied territory,with particular reference to the adoption and
application of the prophylactic and preventive measures necessary
to combat the spread of contagious diseases and epidemics.Medical
personnel of all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the
competent organs of the occupied State are not operating there, the
occupying authorities shall, if necessary, grant them the recognition
provided for in Article 18. In similar circumstances, the occupying
authorities shall also grant recognition to hospital personnel and
transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their
implementation, the Occupying Power shall take into consideration
the moral and ethical susceptibilities of the population of the
occupied territory.
ART. 57. — The Occupying Power may requisition civilian
hospitals only temporarily and only in cases of urgent necessity for
the care of military wounded and sick, and then on condition that
suitable arrangements are made in due time for the care and
treatment of the patients and for the needs of the civilian population
for hospital accommodation.
The material and stores of civilian hospitals cannot be
requisitioned so long as they are necessary for the needs of the
civilian population.
ART. 58. — The Occupying Power shall permit ministers of
religion to give spiritual assistance to the members of their religious
communities.
The Occupying Power shall also accept consignments of books
and articles required for religious needs and shall facilitate their
distribution in occupied territory.
ART. 59. — If the whole or part of the population of an occupied
territory is inadequately supplied, the Occupying Power shall agree
to relief schemes on behalf of the said population, and shall facilitate
them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by
impartial humanitarian organizations such as the International
Committee of the Red Cross, shall consist, in particular, of the provision
of consignments of foodstuffs,medical supplies and clothing.
188 FOURTH GENEVA CONVENTION OF 1949
Hygiene and
public health
Requisition
of hospitals
Spiritual
assistance
Relief
I.
Collective
relief
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All Contracting Parties shall permit the free passage of these
consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to
territory occupied by an adverse Party to the conflict shall, however,
have the right to search the consignments, to regulate their passage
according to prescribed times and routes, and to be reasonably
satisfied through the Protecting Power that these consignments are
to be used for the relief of the needy population and are not to be
used for the benefit of the Occupying Power.
ART. 60. — Relief consignments shall in no way relieve the
Occupying Power of any of its responsibilities under Articles 55, 56
and 59.The Occupying Power shall in no way whatsoever divert relief
consignments from the purpose for which they are intended, except
in cases of urgent necessity, in the interests of the population of the
occupied territory and with the consent of the Protecting Power.
ART. 61. — The distribution of the relief consignments referred
to in the foregoing Articles shall be carried out with the cooperation
and under the supervision of the Protecting Power. This
duty may also be delegated, by agreement between the Occupying
Power and the Protecting Power, to a neutral Power, to the
International Committee of the Red Cross or to any other impartial
humanitarian body.
Such consignments shall be exempt in occupied territory from all
charges, taxes or customs duties unless these are necessary in the
interests of the economy of the territory.The Occupying Power shall
facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and
transport, free of charge, of such relief consignments on their way to
occupied territories.
ART. 62. — Subject to imperative reasons of security, protected
persons in occupied territories shall be permitted to receive the
individual relief consignments sent to them.
ART. 63. — Subject to temporary and exceptional measures
imposed for urgent reasons of security by the Occupying Power:
a) recognized National Red Cross (Red Crescent, Red Lion and
Sun) Societies shall be able to pursue their activities in
accordance with Red Cross Principles, as defined by the
International Red Cross Conferences. Other relief societies
shall be permitted to continue their humanitarian activities
under similar conditions;
PROTECTION OF CIVILIAN PERSONS 189
II.
Responsibilities
of the
Occupying
Power
III.
Distribution
IV.
Individual
relief
National
Red Cross
and other
relief
societies
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b) the Occupying Power may not require any changes in the
personnel or structure of these societies, which would
prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of
special organizations of a non-military character, which already
exist or which may be established, for the purpose of ensuring the
living conditions of the civilian population by the maintenance of
the essential public utility services, by the distribution of relief and
by the organization of rescues.
ART. 64. — The penal laws of the occupied territory shall remain
in force,with the exception that they may be repealed or suspended
by the Occupying Power in cases where they constitute a threat to its
security or an obstacle to the application of the present Convention.
Subject to the latter consideration and to the necessity for ensuring
the effective administration of justice, the tribunals of the occupied
territory shall continue to function in respect of all offences covered
by the said laws.
The Occupying Power may, however, subject the population of
the occupied territory to provisions which are essential to enable the
Occupying Power to fulfil its obligations under the present
Convention, to maintain the orderly government of the territory,
and to ensure the security of the Occupying Power, of the members
and property of the occupying forces or administration, and
likewise of the establishments and lines of communication used by
them.
ART. 65. — The penal provisions enacted by the Occupying
Power shall not come into force before they have been published
and brought to the knowledge of the inhabitants in their own
language. The effect of these penal provisions shall not be
retroactive.
ART. 66. — In case of a breach of the penal provisions
promulgated by it by virtue of the second paragraph of Article 64,
the Occupying Power may hand over the accused to its properly
constituted, non-political military courts, on condition that the said
courts sit in the occupied country. Courts of appeal shall preferably
sit in the occupied country.
ART. 67. — The courts shall apply only those provisions of law
which were applicable prior to the offence, and which are in
accordance with general principles of law, in particular the principle
that the penalty shall be proportionate to the offence. They shall
190 FOURTH GENEVA CONVENTION OF 1949
Penal
legislation
I.
General
observations
II.
Publication
III.
Competent
courts
IV.
Applicable
provisions
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take into consideration the fact that the accused is not a national of
the Occupying Power.
ART. 68. — Protected persons who commit an offence which is
solely intended to harm the Occupying Power, but which does not
constitute an attempt on the life or limb of members of the
occupying forces or administration, nor a grave collective danger,
nor seriously damage the property of the occupying forces or
administration or the installations used by them, shall be liable to
internment or simple imprisonment, provided the duration of such
internment or imprisonment is proportionate to the offence
committed. Furthermore, internment or imprisonment shall, for
such offences, be the only measure adopted for depriving protected
persons of liberty. The courts provided for under Article 66 of the
present Convention may at their discretion convert a sentence of
imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in
accordance with Articles 64 and 65 may impose the death penalty
on a protected person only in cases where the person is guilty of
espionage, of serious acts of sabotage against the military
installations of the Occupying Power or of intentional offences
which have caused the death of one or more persons, provided that
such offences were punishable by death under the law of the
occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected
person unless the attention of the court has been particularly called
to the fact that since the accused is not a national of the Occupying
Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a
protected person who was under eighteen years of age at the time of
the offence.
ART. 69. — In all cases, the duration of the period during which
a protected person accused of an offence is under arrest awaiting
trial or punishment shall be deducted from any period of
imprisonment awarded.
ART. 70. — Protected persons shall not be arrested, prosecuted or
convicted by the Occupying Power for acts committed or for
opinions expressed before the occupation, or during a temporary
interruption thereof, with the exception of breaches of the laws and
customs of war.
Nationals of the Occupying Power who, before the outbreak of
hostilities, have sought refuge in the territory of the occupied State,
PROTECTION OF CIVILIAN PERSONS 191
V.
Penalties.
Death
penalty
VI.
Deduction
from
sentence of
period spent
under arrest
VII.
Offences
committed
before
occupation
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shall not be arrested, prosecuted, convicted or deported from the
occupied territory, except for offences committed after the outbreak
of hostilities, or for offences under common law committed before
the outbreak of hostilities which, according to the law of the
occupied State, would have justified extradition in time of peace.
ART. 71. — No sentence shall be pronounced by the competent
courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power
shall be promptly informed, in writing, in a language which they
understand,of the particulars of the charges preferred against them,
and shall be brought to trial as rapidly as possible. The Protecting
Power shall be informed of all proceedings instituted by the
Occupying Power against protected persons in respect of charges
involving the death penalty or imprisonment for two years or more;
it shall be enabled, at any time, to obtain information regarding the
state of such proceedings. Furthermore, the Protecting Power shall
be entitled, on request, to be furnished with all particulars of these
and of any other proceedings instituted by the Occupying Power
against protected persons.
The notification to the Protecting Power, as provided for in the
second paragraph above, shall be sent immediately, and shall in any
case reach the Protecting Power three weeks before the date of the
first hearing. Unless, at the opening of the trial, evidence is
submitted that the provisions of this Article are fully complied with,
the trial shall not proceed. The notification shall include the
following particulars:
a) description of the accused;
b) place of residence or detention;
c) specification of the charge or charges (with mention of the
penal provisions under which it is brought);
d) designation of the court which will hear the case;
e) place and date of the first hearing.
ART. 72. — Accused persons shall have the right to present
evidence necessary to their defence and may, in particular, call
witnesses. They shall have the right to be assisted by a qualified
advocate or counsel of their own choice, who shall be able to visit
them freely and shall enjoy the necessary facilities for preparing the
defence.
Failing a choice by the accused, the Protecting Power may
provide him with an advocate or counsel.When an accused person
192 FOURTH GENEVA CONVENTION OF 1949
Penal
procedure
I.
General
observations
II.
Right of
defence
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has to meet a serious charge and the Protecting Power is not
functioning, the Occupying Power, subject to the consent of the
accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance,
be aided by an interpreter, both during preliminary investigation
and during the hearing in court. They shall have the right at any
time to object to the interpreter and to ask for his replacement.
ART. 73. — A convicted person shall have the right of appeal
provided for by the laws applied by the court. He shall be fully
informed of his right to appeal or petition and of the time limit
within which he may do so.
The penal procedure provided in the present Section shall apply,
as far as it is applicable, to appeals.Where the laws applied by the
court make no provision for appeals, the convicted person shall
have the right to petition against the finding and sentence to the
competent authority of the Occupying Power.
ART. 74. — Representatives of the Protecting Power shall have the
right to attend the trial of any protected person, unless the hearing
has, as an exceptional measure, to be held in camera in the interests
of the security of the Occupying Power, which shall then notify the
Protecting Power. A notification in respect of the date and place of
trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death,or imprisonment for
two years or more, shall be communicated, with the relevant
grounds, as rapidly as possible to the Protecting Power. The
notification shall contain a reference to the notification made under
Article 71, and, in the case of sentences of imprisonment, the name
of the place where the sentence is to be served. A record of
judgments other than those referred to above shall be kept by the
court and shall be open to inspection by representatives of the
Protecting Power. Any period allowed for appeal in the case of
sentences involving the death penalty, or imprisonment of two years
or more, shall not run until notification of judgment has been
received by the Protecting Power.
ART. 75. — In no case shall persons condemned to death be
deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a
period of at least six months from the date of receipt by the
Protecting Power of the notification of the final judgment
confirming such death sentence, or of an order denying pardon or
reprieve.
PROTECTION OF CIVILIAN PERSONS 193
III.
Right of
appeal
IV.
Assistance
by the
Protecting
Power
V.
Death
sentence
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The six months period of suspension of the death sentence
herein prescribed may be reduced in individual cases in
circumstances of grave emergency involving an organized threat to
the security of the Occupying Power or its forces, provided always
that the Protecting Power is notified of such reduction and is given
reasonable time and opportunity to make representations to the
competent occupying authorities in respect of such death sentences.
ART. 76. — Protected persons accused of offences shall be
detained in the occupied country, and if convicted they shall serve
their sentences therein. They shall, if possible, be separated from
other detainees and shall enjoy conditions of food and hygiene
which will be sufficient to keep them in good health, and which will
be at least equal to those obtaining in prisons in the occupied
country.
They shall receive the medical attention required by their state of
health.
They shall also have the right to receive any spiritual assistance
which they may require.
Women shall be confined in separate quarters and shall be under
the direct supervision of women.
Proper regard shall be paid to the special treatment due to
minors.
Protected persons who are detained shall have the right to be
visited by delegates of the Protecting Power and of the International
Committee of the Red Cross, in accordance with the provisions of
Article 143.
Such persons shall have the right to receive at least one relief
parcel monthly.
ART. 77. — Protected persons who have been accused of offences
or convicted by the courts in occupied territory, shall be handed
over at the close of occupation, with the relevant records, to the
authorities of the liberated territory.
ART. 78. — If the Occupying Power considers it necessary, for
imperative reasons of security, to take safety measures concerning
protected persons, it may, at the most, subject them to assigned
residence or to internment.
Decisions regarding such assigned residence or internment shall
be made according to a regular procedure to be prescribed by the
Occupying Power in accordance with the provisions of the present
Convention. This procedure shall include the right of appeal for the
parties concerned. Appeals shall be decided with the least possible
194 FOURTH GENEVA CONVENTION OF 1949
Treatment
of detainees
Handing over
of detainees
at the close of
occupation
Security
measures.
Internment
and assigned
residence.
Right of
appeal
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delay. In the event of the decision being upheld, it shall be subject to
periodical review, if possible every six months, by a competent body
set up by the said Power.
Protected persons made subject to assigned residence and thus
required to leave their homes shall enjoy the full benefit of Article 39
of the present Convention.
SECTION IV
REGULATIONS FOR THE TREATMENT
OF INTERNEES
CHAPTER I
General Provisions
ART. 79. — The Parties to the conflict shall not intern protected
persons, except in accordance with the provisions of Articles 41, 42,
43, 68 and 78.
ART. 80.— Internees shall retain their full civil capacity and shall
exercise such attendant rights as may be compatible with their
status.
ART. 81. — Parties to the conflict who intern protected persons
shall be bound to provide free of charge for their maintenance, and
to grant them also the medical attention required by their state of
health.
No deduction from the allowances, salaries or credits due to the
internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those
dependent on the internees, if such dependents are without
adequate means of support or are unable to earn a living.
ART. 82. — The Detaining Power shall, as far as possible,
accommodate the internees according to their nationality, language
PROTECTION OF CIVILIAN PERSONS 195
Cases of
internment
and applicable
provisions
Civil capacity
Maintenance
Grouping
of internees
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and customs. Internees who are nationals of the same country shall
not be separated merely because they have different languages.
Throughout the duration of their internment, members of the
same family, and in particular parents and children, shall be lodged
together in the same place of internment, except when separation of
a temporary nature is necessitated for reasons of employment or
health or for the purposes of enforcement of the provisions of
Chapter IX of the present Section. Internees may request that their
children who are left at liberty without parental care shall be
interned with them.
Wherever possible, interned members of the same family shall be
housed in the same premises and given separate accommodation
from other internees, together with facilities for leading a proper
family life.
CHAPTER II
Places of Internment
ART. 83. — The Detaining Power shall not set up places of
internment in areas particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the
intermediary of the Protecting Powers, all useful information
regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps
shall be indicated by the letters IC, placed so as to be clearly visible
in the daytime from the air. The Powers concerned may, however,
agree upon any other system of marking. No place other than an
internment camp shall be marked as such.
ART. 84. — Internees shall be accommodated and administered
separately from prisoners of war and from persons deprived of
liberty for any other reason.
ART. 85. — The Detaining Power is bound to take all necessary
and possible measures to ensure that protected persons shall, from
the outset of their internment, be accommodated in buildings or
quarters which afford every possible safeguard as regards hygiene
and health, and provide efficient protection against the rigours of
the climate and the effects of the war. In no case shall permanent
places of internment be situated in unhealthy areas or in districts
196 FOURTH GENEVA CONVENTION OF 1949
Location
of places of
internment.
Marking
of camps
Separate
internment
Accommodation,
hygiene
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the climate of which is injurious to the internees. In all cases where
the district, in which a protected person is temporarily interned, is
in an unhealthy area or has a climate which is harmful to his health,
he shall be removed to a more suitable place of internment as
rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately
heated and lighted, in particular between dusk and lights out. The
sleeping quarters shall be sufficiently spacious and well ventilated,
and the internees shall have suitable bedding and sufficient
blankets, account being taken of the climate, and the age, sex, and
state of health of the internees.
Internees shall have for their use, day and night, sanitary
conveniences which conform to the rules of hygiene and are
constantly maintained in a state of cleanliness. They shall be
provided with sufficient water and soap for their daily personal
toilet and for washing their personal laundry; installations and
facilities necessary for this purpose shall be granted to them.
Showers or baths shall also be available. The necessary time shall be
set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary
measure, to accommodate women internees who are not members
of a family unit in the same place of internment as men, the
provision of separate sleeping quarters and sanitary conveniences
for the use of such women internees shall be obligatory.
ART. 86. — The Detaining Power shall place at the disposal of
interned persons, of whatever denomination, premises suitable for
the holding of their religious services.
ART. 87. — Canteens shall be installed in every place of
internment, except where other suitable facilities are available.Their
purpose shall be to enable internees to make purchases, at prices not
higher than local market prices, of foodstuffs and articles of
everyday use, including soap and tobacco, such as would increase
their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be
set up for each place of internment, and administered for the benefit
of the internees attached to such place of internment. The Internee
Committee provided for in Article 102 shall have the right to check
the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the
welfare fund shall be transferred to the welfare fund of a place of
internment for internees of the same nationality, or, if such a place
does not exist, to a central welfare fund which shall be administered
PROTECTION OF CIVILIAN PERSONS 197
Premises
for religions
services
Canteens
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for the benefit of all internees remaining in the custody of the
Detaining Power. In case of a general release, the said profits shall be
kept by the Detaining Power, subject to any agreement to the
contrary between the Powers concerned.
ART. 88. — In all places of internment exposed to air raids and
other hazards of war, shelters adequate in number and structure to
ensure the necessary protection shall be installed. In case of alarms,
the internees shall be free to enter such shelters as quickly as
possible, excepting those who remain for the protection of their
quarters against the aforesaid hazards. Any protective measures
taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against
the danger of fire.
CHAPTER III
Food and Clothing
ART. 89. — Daily food rations for internees shall be sufficient in
quantity, quality and variety to keep internees in a good state of
health and prevent the development of nutritional deficiencies.
Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare
for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use
of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion
to the kind of labour which they perform.
Expectant and nursing mothers and children under fifteen years
of age shall be given additional food, in proportion to their
physiological needs.
ART. 90. — When taken into custody, internees shall be given all
facilities to provide themselves with the necessary clothing,
footwear and change of underwear, and later on, to procure further
supplies if required. Should any internees not have sufficient
clothing, account being taken of the climate, and be unable to
procure any, it shall be provided free of charge to them by the
Detaining Power.
198 FOURTH GENEVA CONVENTION OF 1949
Air raid
shelters.
Protective
measures
Food
Clothing
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The clothing supplied by the Detaining Power to internees and
the outward markings placed on their own clothes shall not be
ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including
protective clothing, whenever the nature of their work so requires.
CHAPTER IV
Hygiene and Medical Attention
ART. 91. — Every place of internment shall have an adequate
infirmary, under the direction of a qualified doctor,where internees
may have the attention they require, as well as an appropriate diet.
Isolation wards shall be set aside for cases of contagious or mental
diseases.
Maternity cases and internees suffering from serious diseases, or
whose condition requires special treatment, a surgical operation or
hospital care, must be admitted to any institution where adequate
treatment can be given and shall receive care not inferior to that
provided for the general population.
Internees shall, for preference, have the attention of medical
personnel of their own nationality.
Internees may not be prevented from presenting themselves to
the medical authorities for examination. The medical authorities of
the Detaining Power shall,upon request, issue to every internee who
has undergone treatment an official certificate showing the nature
of his illness or injury, and the duration and nature of the treatment
given. A duplicate of this certificate shall be forwarded to the
Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary
for the maintenance of internees in good health, particularly
dentures and other artificial appliances and spectacles, shall be free
of charge to the internee.
ART. 92. — Medical inspections of internees shall be made at
least once a month. Their purpose shall be, in particular, to
supervise the general state of health, nutrition and cleanliness of
internees, and to detect contagious diseases, especially tuberculosis,
malaria, and venereal diseases. Such inspections shall include, in
particular, the checking of weight of each internee and, at least once
a year, radioscopic examination.
PROTECTION OF CIVILIAN PERSONS 199
Medical
attention
Medical
inspections
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CHAPTER V
Religious, Intellectual and Physical Activities
ART. 93. — Internees shall enjoy complete latitude in the exercise
of their religious duties, including attendance at the services of their
faith, on condition that they comply with the disciplinary routine
prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister
freely to the members of their community. For this purpose, the
Detaining Power shall ensure their equitable allocation amongst the
various places of internment in which there are internees speaking
the same language and belonging to the same religion. Should such
ministers be too few in number, the Detaining Power shall provide
them with the necessary facilities, including means of transport, for
moving from one place to another, and they shall be authorized to
visit any internees who are in hospital.Ministers of religion shall be
at liberty to correspond on matters concerning their ministry with
the religious authorities in the country of detention and, as far as
possible, with the international religious organizations of their faith.
Such correspondence shall not be considered as forming a part of the
quota mentioned in Article 107. It shall, however, be subject to the
provisions of Article 112.
When internees do not have at their disposal the assistance of
ministers of their faith, or should these latter be too few in number,
the local religious authorities of the same faith may appoint, in
agreement with the Detaining Power, a minister of the internees’
faith or, if such a course is feasible from a denominational point of
view, a minister of similar religion or a qualified layman. The latter
shall enjoy the facilities granted to the ministry he has assumed.
Persons so appointed shall comply with all regulations laid down by
the Detaining Power in the interests of discipline and security.
ART. 94. — The Detaining Power shall encourage intellectual,
educational and recreational pursuits, sports and games amongst
internees, whilst leaving them free to take part in them or not. It
shall take all practicable measures to ensure the exercise thereof, in
particular by providing suitable premises.
All possible facilities shall be granted to internees to continue
their studies or to take up new subjects. The education of children
and young people shall be ensured; they shall be allowed to attend
schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise,
sports and outdoor games. For this purpose, sufficient open spaces
200 FOURTH GENEVA CONVENTION OF 1949
Religious
duties
Recreation,
study, sports
and games
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shall be set aside in all places of internment. Special playgrounds
shall be reserved for children and young people.
ART. 95. — The Detaining Power shall not employ internees as
workers, unless they so desire. Employment which, if undertaken
under compulsion by a protected person not in internment, would
involve a breach of Articles 40 or 51 of the present Convention, and
employment on work which is of a degrading or humiliating
character are in any case prohibited.
After a working period of six weeks, internees shall be free to give
up work at any moment, subject to eight days’ notice.
These provisions constitute no obstacle to the right of the
Detaining Power to employ interned doctors, dentists and other
medical personnel in their professional capacity on behalf of their
fellow internees, or to employ internees for administrative and
maintenance work in places of internment and to detail such
persons for work in the kitchens or for other domestic tasks, or to
require such persons to undertake duties connected with the
protection of internees against aerial bombardment or other war
risks. No internee may, however, be required to perform tasks for
which he is, in the opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all
working conditions, for medical attention, for the payment of
wages, and for ensuring that all employed internees receive
compensation for occupational accidents and diseases. The
standards prescribed for the said working conditions and for
compensation shall be in accordance with the national laws and
regulations, and with the existing practice; they shall in no case be
inferior to those obtaining for work of the same nature in the same
district.Wages for work done shall be determined on an equitable
basis by special agreements between the internees, the Detaining
Power, and, if the case arises, employers other than the Detaining
Power, due regard being paid to the obligation of the Detaining
Power to provide for free maintenance of internees and for the
medical attention which their state of health may require. Internees
permanently detailed for categories of work mentioned in the third
paragraph of this Article shall be paid fair wages by the Detaining
Power. The working conditions and the scale of compensation for
occupational accidents and diseases to internees, thus detailed, shall
not be inferior to those applicable to work of the same nature in the
same district.
ART. 96. — All labour detachments shall remain part of and
dependent upon a place of internment. The competent authorities
PROTECTION OF CIVILIAN PERSONS 201
Working
conditions
Labour
detachments
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of the Detaining Power and the commandant of a place of
internment shall be responsible for the observance in a labour
detachment of the provisions of the present Convention. The
commandant shall keep an up-to-date list of the labour
detachments subordinate to him and shall communicate it to the
delegates of the Protecting Power, of the International Committee of
the Red Cross and of other humanitarian organizations who may
visit the places of internment.
CHAPTER VI
Personal Property and Financial Resources
ART. 97. — Internees shall be permitted to retain articles of
personal use. Monies, cheques, bonds, etc., and valuables in their
possession may not be taken from them except in accordance with
established procedure.Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as
provided for in Article 98. Such amounts may not be converted into
any other currency unless legislation in force in the territory in
which the owner is interned so requires or the internee gives his
consent.
Articles which have above all a personal or sentimental value may
not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles,
monies or other valuables taken from them during internment and
shall receive in currency the balance of any credit to their accounts
kept in accordance with Article 98,with the exception of any articles
or amounts withheld by the Detaining Power by virtue of its
legislation in force. If the property of an internee is so withheld, the
owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may
not be taken away without a receipt being given. At no time shall
internees be left without identity documents. If they have none, they
shall be issued with special documents drawn up by the detaining
authorities,which will serve as their identity papers until the end of
their internment.
Internees may keep on their persons a certain amount of money,
in cash or in the shape of purchase coupons, to enable them to make
purchases.
202 FOURTH GENEVA CONVENTION OF 1949
Valuables
and personal
effects
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ART. 98. — All internees shall receive regular allowances,
sufficient to enable them to purchase goods and articles, such as
tobacco, toilet requisites, etc. Such allowances may take the form of
credits or purchase coupons.
Furthermore, internees may receive allowances from the Power
to which they owe allegiance, the Protecting Powers, the
organizations which may assist them, or their families, as well as the
income on their property in accordance with the law of the
Detaining Power.The amount of allowances granted by the Power to
which they owe allegiance shall be the same for each category of
internees (infirm, sick, pregnant women, etc.), but may not be
allocated by that Power or distributed by the Detaining Power on
the basis of discriminations between internees which are prohibited
by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every
internee, to which shall be credited the allowances named in the
present Article, the wages earned and the remittances received,
together with such sums taken from him as may be available under
the legislation in force in the territory in which he is interned.
Internees shall be granted all facilities consistent with the legislation
in force in such territory to make remittances to their families and to
other dependants. They may draw from their accounts the amounts
necessary for their personal expenses, within the limits fixed by the
Detaining Power. They shall at all times be afforded reasonable
facilities for consulting and obtaining copies of their accounts. A
statement of accounts shall be furnished to the Protecting Power on
request, and shall accompany the internee in case of transfer.
CHAPTER VII
Administration and Discipline
ART. 99. — Every place of internment shall be put under the
authority of a responsible officer, chosen from the regular military
forces or the regular civil administration of the Detaining Power.
The officer in charge of the place of internment must have in his
possession a copy of the present Convention in the official language,
or one of the official languages, of his country and shall be
responsible for its application. The staff in control of internees shall
be instructed in the provisions of the present Convention and of the
administrative measures adopted to ensure its application.
PROTECTION OF CIVILIAN PERSONS 203
Financial
resources and
individual
accounts
Camp
administration.
Posting of the
Convention
and of orders
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The text of the present Convention and the texts of special
agreements concluded under the said Convention shall be posted
inside the place of internment, in a language which the internees
understand,or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall
be communicated to the internees and posted inside the places of
internment, in a language which they understand.
Every order and command addressed to internees individually
must likewise be given in a language which they understand.
ART. 100. — The disciplinary regime in places of internment
shall be consistent with humanitarian principles, and shall in no
circumstances include regulations imposing on internees any
physical exertion dangerous to their health or involving physical or
moral victimization. Identification by tattooing or imprinting signs
or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment
drill, military drill and manoeuvres, or the reduction of food
rations, are prohibited.
ART. 101. — Internees shall have the right to present to the
authorities in whose power they are, any petition with regard to the
conditions of internment to which they are subjected.
They shall also have the right to apply without restriction
through the Internee Committee or, if they consider it necessary,
direct to the representatives of the Protecting Power, in order to
indicate to them any points on which they may have complaints to
make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and
without alteration, and even if the latter are recognized to be
unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as
to the needs of the internees may be sent by the Internee
Committees to the representatives of the Protecting Powers.
ART. 102. — In every place of internment, the internees shall
freely elect by secret ballot every six months, the members of a
Committee empowered to represent them before the Detaining and
the Protecting Powers, the International Committee of the Red
Cross and any other organization which may assist them. The
members of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their
election has been approved by the detaining authorities. The
reasons for any refusals or dismissals shall be communicated to the
Protecting Powers concerned.
204 FOURTH GENEVA CONVENTION OF 1949
General
discipline
Complaints
and petitions
Internee
Committees
I.
Election of
members
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ART. 103. — The Internee Committees shall further the physical,
spiritual and intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of
mutual assistance amongst themselves, this organization would be
within the competence of the Committees in addition to the special
duties entrusted to them under other provisions of the present
Convention.
ART. 104. — Members of Internee Committees shall not be
required to perform any other work, if the accomplishment of their
duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst
the internees such assistants as they may require. All material
facilities shall be granted to them, particularly a certain freedom of
movement necessary for the accomplishment of their duties (visits
to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee
Committees for communication by post and telegraph with the
detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, and with the
organizations which give assistance to internees, Committee
members in labour detachments shall enjoy similar facilities for
communication with their Internee Committee in the principal
place of internment. Such communications shall not be limited, nor
considered as forming a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be
allowed a reasonable time to acquaint their successors with current
affairs.
CHAPTER VIII
Relations with the Exterior
ART. 105. — Immediately upon interning protected persons, the
Detaining Powers shall inform them, the Power to which they owe
allegiance and their Protecting Power of the measures taken for
executing the provisions of the present Chapter. The Detaining
Powers shall likewise inform the Parties concerned of any
subsequent modifications of such measures.
PROTECTION OF CIVILIAN PERSONS 205
II.
Duties
III.
Prerogatives
Notification
of measures
taken
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ART. 106. — As soon as he is interned, or at the latest not more
than one week after his arrival in a place of internment, and likewise
in cases of sickness or transfer to another place of internment or to a
hospital, every internee shall be enabled to send direct to his family,
on the one hand, and to the Central Agency provided for by
Article 140, on the other, an internment card similar, if possible, to
the model annexed to the present Convention, informing his relatives
of his detention, address and state of health. The said cards shall be
forwarded as rapidly as possible and may not be delayed in any way.
ART. 107. — Internees shall be allowed to send and receive letters
and cards. If the Detaining Power deems it necessary to limit the
number of letters and cards sent by each internee, the said number
shall not be less than two letters and four cards monthly; these shall
be drawn up so as to conform as closely as possible to the models
annexed to the present Convention. If limitations must be placed on
the correspondence addressed to internees, they may be ordered
only by the Power to which such internees owe allegiance, possibly
at the request of the Detaining Power. Such letters and cards must be
conveyed with reasonable despatch; they may not be delayed or
retained for disciplinary reasons.
Internees who have been a long time without news, or who find it
impossible to receive news from their relatives, or to give them news
by the ordinary postal route, as well as those who are at a
considerable distance from their homes, shall be allowed to send
telegrams, the charges being paid by them in the currency at their
disposal.They shall likewise benefit by this provision in cases which
are recognized to be urgent.
As a rule, internees’mail shall be written in their own language.
The Parties to the conflict may authorize correspondence in other
languages.
ART. 108. — Internees shall be allowed to receive, by post or by
any other means, individual parcels or collective shipments
containing in particular foodstuffs, clothing, medical supplies, as
well as books and objects of a devotional, educational or
recreational character which may meet their needs. Such shipments
shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments
to be limited, due notice thereof shall be given to the Protecting
Power and to the International Committee of the Red Cross, or to
any other organization giving assistance to the internees and
responsible for the forwarding of such shipments.
206 FOURTH GENEVA CONVENTION OF 1949
Internment
card
Correspondence
Relief
shipments
I.
General
principles
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The conditions for the sending of individual parcels and
collective shipments shall, if necessary, be the subject of special
agreements between the Powers concerned, which may in no case
delay the receipt by the internees of relief supplies. Parcels of
clothing and foodstuffs may not include books. Medical relief
supplies shall, as a rule, be sent in collective parcels.
ART. 109. — In the absence of special agreements between Parties
to the conflict regarding the conditions for the receipt and
distribution of collective relief shipments, the regulations
concerning collective relief which are annexed to the present
Convention shall be applied.
The special agreements provided for above shall in no case
restrict the right of Internee Committees to take possession of
collective relief shipments intended for internees, to undertake their
distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of
the Protecting Powers, the International Committee of the Red
Cross, or any other organization giving assistance to internees and
responsible for the forwarding of collective shipments, to supervise
their distribution to the recipients.
ART. 110. — All relief shipments for internees shall be exempt
from import, customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post
and remittances of money, addressed from other countries to
internees or despatched by them through the post office, either
direct or through the Information Bureaux provided for in
Article 136 and the Central Information Agency provided for in
Article 140, shall be exempt from all postal dues both in the
countries of origin and destination and in intermediate countries.
To this end, in particular, the exemption provided by the Universal
Postal Convention of 1947 and by the agreements of the Universal
Postal Union in favour of civilians of enemy nationality detained in
camps or civilian prisons, shall be extended to the other interned
persons protected by the present Convention. The countries not
signatory to the above-mentioned agreements shall be bound to
grant freedom from charges in the same circumstances.
The cost of transporting relief shipments which are intended for
internees and which, by reason of their weight or any other cause,
cannot be sent through the post office, shall be borne by the
Detaining Power in all the territories under its control. Other
Powers which are Parties to the present Convention shall bear the
cost of transport in their respective territories.
PROTECTION OF CIVILIAN PERSONS 207
II.
Collective
relief
III.
Exemption
from postal
and
transport
charges
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Costs connected with the transport of such shipments, which are
not covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as
possible, the charges for telegrams sent by internees, or addressed to
them.
ART. 111. — Should military operations prevent the Powers
concerned from fulfilling their obligation to ensure the conveyance of
the mail and relief shipments provided for in Articles 106,107, 108
and 113, the Protecting Powers concerned, the International
Committee of the Red Cross or any other organization duly approved
by the Parties to the conflict may undertake the conveyance of such
shipments by suitable means (rail, motor vehicles, vessels or aircraft,
etc.). For this purpose, the High Contracting Parties shall endeavour
to supply them with such transport, and to allow its circulation,
especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
a) correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 140 and the
National Bureaux referred to in Article 136;
b) correspondence and reports relating to internees which the
Protecting Powers, the International Committee of the Red
Cross or any other organization assisting the internees exchange
either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to
the conflict to arrange other means of transport if it should so
prefer, nor preclude the granting of safe-conducts, under mutually
agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall
be borne, in proportion to the importance of the shipments, by the
Parties to the conflict whose nationals are benefited thereby.
ART. 112. — The censoring of correspondence addressed to
internees or despatched by them shall be done as quickly as possible.
The examination of consignments intended for internees shall
not be carried out under conditions that will expose the goods
contained in them to deterioration. It shall be done in the presence
of the addressee, or of a fellow-internee duly delegated by him. The
delivery to internees of individual or collective consignments shall
not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the
conflict either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.
208 FOURTH GENEVA CONVENTION OF 1949
Special
means of
transport
Censorship
and
examination
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ART. 113. — The Detaining Powers shall provide all reasonable
facilities for the transmission, through the Protecting Power or the
Central Agency provided for in Article 140, or as otherwise
required, of wills, powers of attorney, letters of authority, or any
other documents intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and
authentication in due legal form of such documents on behalf of
internees, in particular by allowing them to consult a lawyer.
ART. 114. — The Detaining Power shall afford internees all
facilities to enable them to manage their property, provided this is
not incompatible with the conditions of internment and the law
which is applicable. For this purpose, the said Power may give them
permission to leave the place of internment in urgent cases and if
circumstances allow.
ART. 115. — In all cases where an internee is a party to
proceedings in any court, the Detaining Power shall, if he so
requests, cause the court to be informed of his detention and shall,
within legal limits, ensure that all necessary steps are taken to
prevent him from being in any way prejudiced, by reason of his
internment, as regards the preparation and conduct of his case or as
regards the execution of any judgment of the court.
ART. 116. — Every internee shall be allowed to receive visitors,
especially near relatives, at regular intervals and as frequently as
possible.
As far as is possible, internees shall be permitted to visit their
homes in urgent cases, particularly in cases of death or serious
illness of relatives.
CHAPTER IX
Penal and Disciplinary Sanctions
ART. 117. — Subject to the provisions of the present Chapter,
the laws in force in the territory in which they are detained will
continue to apply to internees who commit offences during
internment.
If general laws, regulations or orders declare acts committed by
internees to be punishable, whereas the same acts are not
PROTECTION OF CIVILIAN PERSONS 209
Execution
and
transmission
of legal
documents
Management
of property
Facilities for
preparation
and conduct
of cases
Visits
General
provisions.
Applicable
legislation
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punishable when committed by persons who are not internees, such
acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or
on the same count.
ART. 118.— The courts or authorities shall in passing sentence
take as far as possible into account the fact that the defendant is not
a national of the Detaining Power. They shall be free to reduce the
penalty prescribed for the offence with which the internee is
charged and shall not be obliged, to this end, to apply the minimum
sentence prescribed.
Imprisonment in premises without daylight, and, in general, all
forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall
not be treated differently from other internees.
The duration of preventive detention undergone by an internee
shall be deducted from any disciplinary or judicial penalty
involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial
proceedings instituted against internees whom they represent, and
of their result.
ART. 119. — The disciplinary punishments applicable to
internees shall be the following:
1) A fine which shall not exceed 50 per cent of the wages which
the internee would otherwise receive under the provisions of
Article 95 during a period of not more than thirty days.
2) Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
3) Fatigue duties, not exceeding two hours daily, in connection
with the maintenance of the place of internment.
4) Confinement.
In no case shall disciplinary penalties be inhuman, brutal or
dangerous for the health of internees.Account shall be taken of the
internee’s age, sex and state of health.
The duration of any single punishment shall in no case exceed a
maximum of thirty consecutive days, even if the internee is
answerable for several breaches of discipline when his case is dealt
with, whether such breaches are connected or not.
ART. 120. — Internees who are recaptured after having escaped
or when attempting to escape, shall be liable only to disciplinary
punishment in respect of this act, even if it is a repeated offence.
210 FOURTH GENEVA CONVENTION OF 1949
Penalties
Disciplinary
punishments
Escapes
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Article 118, paragraph 3, notwithstanding, internees punished as
a result of escape or attempt to escape, may be subjected to special
surveillance, on condition that such surveillance does not affect the
state of their health, that it is exercised in a place of internment and
that it does not entail the abolition of any of the safeguards granted
by the present Convention.
Internees who aid and abet an escape, or attempt to escape, shall
be liable on this count to disciplinary punishment only.
ART. 121. — Escape, or attempt to escape, even if it is a repeated
offence, shall not be deemed an aggravating circumstance in cases
where an internee is prosecuted for offences committed during his
escape.
The Parties to the conflict shall ensure that the competent
authorities exercise leniency in deciding whether punishment
inflicted for an offence shall be of a disciplinary or judicial nature,
especially in respect of acts committed in connection with an
escape, whether successful or not.
ART. 122. — Acts which constitute offences against discipline
shall be investigated immediately. This rule shall be applied, in
particular, in cases of escape or attempt to escape. Recaptured
internees shall be handed over to the competent authorities as soon
as possible.
In case of offences against discipline, confinement awaiting trial
shall be reduced to an absolute minimum for all internees, and shall
not exceed fourteen days. Its duration shall in any case be deducted
from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who
are in confinement awaiting trial for offences against discipline.
ART. 123. — Without prejudice to the competence of courts and
higher authorities, disciplinary punishment may be ordered only by
the commandant of the place of internment, or by a responsible
officer or official who replaces him, or to whom he has delegated his
disciplinary powers.
Before any disciplinary punishment is awarded, the accused
internee shall be given precise information regarding the offences of
which he is accused, and given an opportunity of explaining his
conduct and of defending himself. He shall be permitted, in
particular, to call witnesses and to have recourse, if necessary, to the
services of a qualified interpreter. The decision shall be announced
in the presence of the accused and of a member of the Internee
Committee.
PROTECTION OF CIVILIAN PERSONS 211
Connected
offences
Investigations.
Confinement
awaiting
hearing
Competent
authorities.
Procedure
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The period elapsing between the time of award of a disciplinary
punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment,
a period of at least three days shall elapse between the execution of
any two of the punishments, if the duration of one of these is ten
days or more.
A record of disciplinary punishments shall be maintained by the
commandant of the place of internment and shall be open to
inspection by representatives of the Protecting Power.
ART. 124. — Internees shall not in any case be transferred to
penitentiary establishments (prisons, penitentiaries, convict
prisons, etc.) to undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone
shall conform to sanitary requirements; they shall in particular be
provided with adequate bedding. Internees undergoing punishment
shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be
confined in separate quarters from male internees and shall be
under the immediate supervision of women.
ART. 125. — Internees awarded disciplinary punishment shall be
allowed to exercise and to stay in the open air at least two hours
daily.
They shall be allowed, if they so request, to be present at the daily
medical inspections. They shall receive the attention which their
state of health requires and, if necessary, shall be removed to the
infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money, however, may
be withheld from them until the completion of their punishment;
such consignments shall meanwhile be entrusted to the Internee
Committee, who will hand over to the infirmary the perishable
goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of
the benefit of the provisions of Articles 107 and 143 of the present
Convention.
ART. 126. — The provisions of Articles 71 to 76 inclusive shall
apply, by analogy, to proceedings against internees who are in the
national territory of the Detaining Power.
212 FOURTH GENEVA CONVENTION OF 1949
Premises for
disciplinary
punishments
Essential
safeguards
Provisions
applicable to
judicial
proceedings
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CHAPTER X
Transfers of Internees
ART. 127. — The transfer of internees shall always be effected
humanely. As a general rule, it shall be carried out by rail or other
means of transport, and under conditions at least equal to those
obtaining for the forces of the Detaining Power in their changes of station.
If, as an exceptional measure, such removals have to be effected
on foot, they may not take place unless the internees are in a fit state of
health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with
drinking water and food sufficient in quantity,quality and variety to
maintain them in good health, and also with the necessary clothing,
adequate shelter and the necessary medical attention. The
Detaining Power shall take all suitable precautions to ensure their
safety during transfer, and shall establish before their departure a
complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not
be transferred if the journey would be seriously detrimental to
them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the
internees in the said place shall not be transferred unless their
removal can be carried out in adequate conditions of safety, or
unless they are exposed to greater risks by remaining on the spot
than by being transferred.
When making decisions regarding the transfer of internees, the
Detaining Power shall take their interests into account and, in
particular, shall not do anything to increase the difficulties of
repatriating them or returning them to their own homes.
ART. 128. — In the event of transfer, internees shall be officially
advised of their departure and of their new postal address. Such
notification shall be given in time for them to pack their luggage and
inform their next of kin.
They shall be allowed to take with them their personal effects,
and the correspondence and parcels which have arrived for them.
The weight of such baggage may be limited if the conditions of
transfer so require, but in no case to less than twenty-five kilograms
per internee.
Mail and parcels addressed to their former place of internment
shall be forwarded to them without delay.
The commandant of the place of internment shall take, in
agreement with the Internee Committee, any measures needed to
PROTECTION OF CIVILIAN PERSONS 213
Conditions
Method
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ensure the transport of the internees’ community property and of the
luggage the internees are unable to take with them in consequence of
restrictions imposed by virtue of the second paragraph.
CHAPTER XI
Deaths
ART. 129. — The wills of internees shall be received for
safekeeping by the responsible authorities; and in the event of the
death of an internee his will shall be transmitted without delay to a
person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor,
and a death certificate shall be made out, showing the causes of
death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up
in accordance with the procedure relating thereto in force in the
territory where the place of internment is situated, and a duly
certified copy of such record shall be transmitted without delay to
the Protecting Power as well as to the Central Agency referred to in
Article 140.
ART. 130. — The detaining authorities shall ensure that internees
who die while interned are honourably buried, if possible according
to the rites of the religion to which they belonged and that their
graves are respected, properly maintained, and marked in such a
way that they can always be recognized.
Deceased internees shall be buried in individual graves unless
unavoidable circumstances require the use of collective graves.
Bodies may be cremated only for imperative reasons of hygiene, on
account of the religion of the deceased or in accordance with his
expressed wish to this effect. In case of cremation, the fact shall be
stated and the reasons given in the death certificate of the deceased.
The ashes shall be retained for safekeeping by the detaining
authorities and shall be transferred as soon as possible to the next of
kin on their request.
As soon as circumstances permit, and not later than the close of
hostilities, the Detaining Power shall forward lists of graves of
deceased internees to the Powers on whom the deceased internees
depended, through the Information Bureaux provided for in
Article 136. Such lists shall include all particulars necessary for the
214 FOURTH GENEVA CONVENTION OF 1949
Wills. Death
certificates
Burial.
Cremation
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identification of the deceased internees, as well as the exact location
of their graves.
ART. 131. — Every death or serious injury of an internee, caused or
suspected to have been caused by a sentry, another internee or any
other person, as well as any death the cause of which is unknown, shall
be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the
Protecting Power. The evidence of any witnesses shall be taken, and
a report including such evidence shall be prepared and forwarded to
the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all necessary steps to ensure the
prosecution of the person or persons responsible.
CHAPTER XII
Release, Repatriation and Accommodation in Neutral Countries
ART. 132. — Each interned person shall be released by the
Detaining Power as soon as the reasons which necessitated his
internment no longer exist.
The Parties to the conflict shall,moreover, endeavour during the
course of hostilities, to conclude agreements for the release, the
repatriation, the return to places of residence or the
accommodation in a neutral country of certain classes of internees,
in particular children, pregnant women and mothers with infants
and young children, wounded and sick, and internees who have
been detained for a long time.
ART. 133. — Internment shall cease as soon as possible after the
close of hostilities.
Internees in the territory of a Party to the conflict, against whom
penal proceedings are pending for offences not exclusively subject
to disciplinary penalties, may be detained until the close of such
proceedings and, if circumstances require, until the completion of
the penalty. The same shall apply to internees who have been
previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers
concerned,committees may be set up after the close of hostilities, or
of the occupation of territories, to search for dispersed internees.
PROTECTION OF CIVILIAN PERSONS 215
Internees
killed
or injured
in special
circumstances
During
hostilities or
occupation
After the
close of
hostilities
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ART. 134. — The High Contracting Parties shall endeavour, upon
the close of hostilities or occupation, to ensure the return of all
internees to their last place of residence, or to facilitate their
repatriation.
ART. 135. — The Detaining Power shall bear the expense of
returning released internees to the places where they were residing
when interned, or, if it took them into custody while they were in
transit or on the high seas, the cost of completing their journey or of
their return to their point of departure.
Where a Detaining Power refuses permission to reside in its
territory to a released internee who previously had his permanent
domicile therein, such Detaining Power shall pay the cost of the said
internee’s repatriation. If, however, the internee elects to return to
his country on his own responsibility or in obedience to the
Government of the Power to which he owes allegiance, the
Detaining Power need not pay the expenses of his journey beyond
the point of his departure from its territory. The Detaining Power
need not pay the costs of repatriation of an internee who was
interned at his own request.
If internees are transferred in accordance with Article 45, the
transferring and receiving Powers shall agree on the portion of the
above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may
be concluded between Parties to the conflict concerning the
exchange and repatriation of their nationals in enemy hands.
SECTION V
INFORMATION BUREAUX AND CENTRAL AGENCY
ART. 136. — Upon the outbreak of a conflict and in all cases of
occupation, each of the Parties to the conflict shall establish an
official Information Bureau responsible for receiving and
transmitting information in respect of the protected persons who
are in its power.
Each of the Parties to the conflict shall, within the shortest
possible period, give its Bureau information of any measure taken
by it concerning any protected persons who are kept in custody for
more than two weeks, who are subjected to assigned residence or
who are interned. It shall, furthermore, require its various
216 FOURTH GENEVA CONVENTION OF 1949
Repatriation
and return to
last place of
residence
Costs
National
Bureaux
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departments concerned with such matters to provide the aforesaid
Bureau promptly with information concerning all changes
pertaining to these protected persons, as, for example, transfers,
releases, repatriations, escapes, admittances to hospitals, births and
deaths.
ART. 137. — Each national Bureau shall immediately forward
information concerning protected persons by the most rapid means
to the Powers of whom the aforesaid persons are nationals, or to
Powers in whose territory they resided, through the intermediary of
the Protecting Powers and likewise through the Central Agency
provided for in Article 140. The Bureaux shall also reply to all
enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a
protected person unless its transmission might be detrimental to
the person concerned or to his or her relatives. Even in such a case,
the information may not be withheld from the Central Agency
which, upon being notified of the circumstances, will take the
necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be
authenticated by a signature or a seal.
ART. 138. — The information received by the national Bureau
and transmitted by it shall be of such a character as to make it
possible to identify the protected person exactly and to advise his
next of kin quickly. The information in respect of each person shall
include at least his surname, first names, place and date of birth,
nationality, last residence and distinguishing characteristics, the
first name of the father and the maiden name of the mother, the
date, place and nature of the action taken with regard to the
individual, the address at which correspondence may be sent to him
and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees
who are seriously ill or seriously wounded shall be supplied
regularly and if possible every week.
ART. 139. — Each national Information Bureau shall,
furthermore, be responsible for collecting all personal valuables left
by protected persons mentioned in Article 136, in particular those
who have been repatriated or released, or who have escaped or died;
it shall forward the said valuables to those concerned, either direct,
or, if necessary, through the Central Agency. Such articles shall be
sent by the Bureau in sealed packets which shall be accompanied by
statements giving clear and full identity particulars of the person to
PROTECTION OF CIVILIAN PERSONS 217
Transmission
of
information
Particulars
required
Forwarding
of personal
valuables
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whom the articles belonged, and by a complete list of the contents of
the parcel. Detailed records shall be maintained of the receipt and
despatch of all such valuables.
ART. 140. — A Central Information Agency for protected
persons, in particular for internees, shall be created in a neutral
country. The International Committee of the Red Cross shall, if it
deems necessary, propose to the Powers concerned the organization
of such an Agency, which may be the same as that provided for in
Article 123 of the Geneva Convention relative to the Treatment of
Prisoners ofWar of August 12, 1949.
The function of the Agency shall be to collect all information of
the type set forth in Article 136 which it may obtain through official
or private channels and to transmit it as rapidly as possible to the
countries of origin or of residence of the persons concerned, except
in cases where such transmissions might be detrimental to the
persons whom the said information concerns, or to their relatives. It
shall receive from the Parties to the conflict all reasonable facilities
for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are
requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as
restricting the humanitarian activities of the International
Committee of the Red Cross and of the relief Societies described in
Article 142.
ART. 141. — The national Information Bureaux and the Central
Information Agency shall enjoy free postage for all mail, likewise the
exemptions provided for in Article 110, and further, so far as
possible, exemption from telegraphic charges or, at least, greatly
reduced rates.
218 FOURTH GENEVA CONVENTION OF 1949
Central
Agency
Exemption
from charges
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PART IV
EXECUTION OF THE CONVENTION
SECTION I
GENERAL PROVISIONS
ART. 142. — Subject to the measures which the Detaining Powers
may consider essential to ensure their security or to meet any other
reasonable need, the representatives of religious organizations, relief
societies, or any other organizations assisting the protected persons,
shall receive from these Powers, for themselves or their duly
accredited agents, all facilities for visiting the protected persons, for
distributing relief supplies and material from any source, intended
for educational, recreational or religious purposes, or for assisting
them in organizing their leisure time within the places of
internment. Such societies or organizations may be constituted in
the territory of the Detaining Power, or in any other country, or they
may have an international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their
activities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the supply of effective
and adequate relief to all protected persons.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all times.
ART. 143. — Representatives or delegates of the Protecting
Powers shall have permission to go to all places where protected
persons are, particularly to places of internment, detention and
work.
They shall have access to all premises occupied by protected
persons and shall be able to interview the latter without witnesses,
personally or through an interpreter.
Such visits may not be prohibited except for reasons of
imperative military necessity, and then only as an exceptional and
temporary measure. Their duration and frequency shall not be
restricted.
Such representatives and delegates shall have full liberty to select
the places they wish to visit.The Detaining or Occupying Power, the
PROTECTION OF CIVILIAN PERSONS 219
Relief
societies
and other
organizations
Supervision
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Protecting Power and when occasion arises the Power of origin of
the persons to be visited, may agree that compatriots of the
internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall also enjoy the above prerogatives. The appointment of such
delegates shall be submitted to the approval of the Power governing
the territories where they will carry out their duties.
ART. 144. — The High Contracting Parties undertake, in time of
peace as in time of war, to disseminate the text of the present
Convention as widely as possible in their respective countries, and,
in particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population.
Any civilian,military, police or other authorities, who in time of
war assume responsibilities in respect of protected persons, must
possess the text of the Convention and be specially instructed as to
its provisions.
ART. 145. — The High Contracting Parties shall communicate to
one another through the Swiss Federal Council and, during
hostilities, through the Protecting Powers, the official translations of
the present Convention, as well as the laws and regulations which
they may adopt to ensure the application thereof.
ART. 146. — The High Contracting Parties undertake to enact
any legislation necessary to provide effective penal sanctions for
persons committing, or ordering to be committed, any of the grave
breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to
search for persons alleged to have committed, or to have ordered to
be committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may also, if it
prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a
prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
220 FOURTH GENEVA CONVENTION OF 1949
Penal
sanctions
I.
General
observations
Translations.
Rules of
application
Dissemination
of the
Convention
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of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.
ART. 147. — Grave breaches to which the preceding Article
relates shall be those involving any of the following acts, if
committed against persons or property protected by the present
Convention: wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious
injury to body or health, unlawful deportation or transfer or
unlawful confinement of a protected person, compelling a protected
person to serve in the forces of a hostile Power, or wilfully depriving
a protected person of the rights of fair and regular trial prescribed
in the present Convention, taking of hostages and extensive
destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly.
ART. 148. — No High Contracting Party shall be allowed to
absolve itself or any other High Contracting Party of any liability
incurred by itself or by another High Contracting Party in respect of
breaches referred to in the preceding Article.
ART. 149. — At the request of a Party to the conflict, an enquiry
shall be instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire
who will decide upon the procedure to be followed. Once the
violation has been established, the Parties to the conflict shall put an
end to it and shall repress it with the least possible delay.
SECTION II
FINAL PROVISIONS
ART. 150. — The present Convention is established in English
and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations
of the Convention to be made in the Russian and Spanish languages.
PROTECTION OF CIVILIAN PERSONS 221
II.
Grave
breaches
III.
Responsibilities
of the
Contracting
Parties
Enquiry
procedure
Languages
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ART. 151. — The present Convention,which bears the date of this
day, is open to signature until February 12, 1950, in the name of the
Powers represented at the Conference which opened at Geneva on
April 21, 1949.
ART. 152. — The present Convention shall be ratified as soon as
possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of
ratification and certified copies of this record shall be transmitted
by the Swiss Federal Council to all the Powers in whose name the
Convention has been signed, or whose accession has been notified.
ART. 153. — The present Convention shall come into force six
months after not less than two instruments of ratification have been
deposited.
Thereafter, it shall come into force for each High Contracting
Party six months after the deposit of the instrument of ratification.
ART. 154. — In the relations between the Powers who are bound
by the Hague Conventions respecting the Laws and Customs ofWar
on Land, whether that of July 29, 1899, or that of October 18, 1907,
and who are parties to the present Convention, this last Convention
shall be supplementary to Sections II and III of the Regulations
annexed to the above-mentioned Conventions of The Hague.
ART. 155. — From the date of its coming into force, it shall be
open to any Power in whose name the present Convention has not
been signed, to accede to this Convention.
ART. 156. — Accessions shall be notified in writing to the Swiss
Federal Council, and shall take effect six months after the date on
which they are received.
The Swiss Federal Council shall communicate the accessions to
all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
ART. 157.— The situations provided for in Articles 2 and 3 shall
give immediate effect to ratifications deposited and accessions
notified by the Parties to the conflict before or after the beginning of
hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions
received from Parties to the conflict.
222 FOURTH GENEVA CONVENTION OF 1949
Signature
Ratification
Coming
into force
Relation with
the Hague
Conventions
Accession
Notification
of accessions
Immediate
effect
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ART. 158. — Each of the High Contracting Parties shall be at
liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal
Council, which shall transmit it to the Governments of all the High
Contracting Parties.
The denunciation shall take effect one year after the notification
thereof has been made to the Swiss Federal Council. However, a
denunciation of which notification has been made at a time when
the denouncing Power is involved in a conflict shall not take effect
until peace has been concluded, and until after operations
connected with the release, repatriation and re-establishment of the
persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the
denouncing Power. It shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue of
the principles of the law of nations, as they result from the usages
established among civilized peoples, from the laws of humanity and
the dictates of the public conscience.
ART. 159. — The Swiss Federal Council shall register the present
Convention with the Secretariat of the United Nations. The Swiss
Federal Council shall also inform the Secretariat of the United
Nations of all ratifications, accessions and denunciations received
by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their
respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English
and French languages. The original shall be deposited in the
Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and
acceding States.
PROTECTION OF CIVILIAN PERSONS 223
Denunciation
Registration
with the
United
Nations
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ANNEX I
DRAFT AGREEMENT RELATING TO HOSPITAL
AND SAFETY ZONES AND LOCALITIES
ARTICLE 1. — Hospital and safety zones shall be strictly reserved for the persons
mentioned in Article 23 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949,
and in Article 14 of the Geneva Convention relative to the Protection of Civilian
Persons in Time ofWar of August 12, 1949, and for the personnel entrusted with the
organization and administration of these zones and localities and with the care of the
persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall
have the right to stay there.
ART. 2. — No persons residing, in whatever capacity, in a hospital and safety
zone shall perform any work, either within or without the zone, directly connected
with military operations or the production of war material.
ART. 3. — The Power establishing a hospital and safety zone shall take all
necessary measures to prohibit access to all persons who have no right of residence
or entry therein.
ART. 4. — Hospital and safety zones shall fulfil the following conditions:
a) They shall comprise only a small part of the territory governed by the Power
which has established them.
b) They shall be thinly populated in relation to the possibilities of
accommodation.
c) They shall be far removed and free from all military objectives, or large
industrial or administrative establishments.
d) They shall not be situated in areas which, according to every probability,may
become important for the conduct of the war.
ART. 5.— Hospital and safety zones shall be subject to the following obligations:
a) The lines of communication and means of transport which they possess shall
not be used for the transport of military personnel or material, even in
transit.
b) They shall in no case be defended by military means.
ART. 6. — Hospital and safety zones shall be marked by means of oblique red
bands on a white ground, placed on the buildings and outer precincts.
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Zones reserved exclusively for the wounded and sick may be marked by means
of the Red Cross (Red Crescent, Red Lion and Sun) emblem on a white ground.
They may be similarly marked at night by means of appropriate illumination.
ART. 7. — The Powers shall communicate to all the High Contracting Parties in
peacetime or on the outbreak of hostilities, a list of the hospital and safety zones in
the territories governed by them. They shall also give notice of any new zones set
up during hostilities.
As soon as the adverse Party has received the above-mentioned notification, the
zone shall be regularly established.
If, however, the adverse Party considers that the conditions of the present
agreement have not been fulfilled, it may refuse to recognize the zone by giving
immediate notice thereof to the Party responsible for the said zone, or may make
its recognition of such zone dependent upon the institution of the control provided
for in Article 8.
ART. 8. — Any Power having recognized one or several hospital and safety zones
instituted by the adverse Party shall be entitled to demand control by one or more
Special Commissions, for the purpose of ascertaining if the zones fulfil the
conditions and obligations stipulated in the present agreement.
For this purpose, members of the Special Commissions shall at all times have
free access to the various zones and may even reside there permanently. They shall
be given all facilities for their duties of inspection.
ART. 9. — Should the Special Commissions note any facts which they consider
contrary to the stipulations of the present agreement, they shall at once draw the
attention of the Power governing the said zone to these facts, and shall fix a time
limit of five days within which the matter should be rectified.They shall duly notify
the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not
complied with the warning, the adverse Party may declare that it is no longer bound
by the present agreement in respect of the said zone.
ART. 10. — Any Power setting up one or more hospital and safety zones, and the
adverse Parties to whom their existence has been notified, shall nominate or have
nominated by the Protecting Powers or by other neutral Powers, persons eligible to
be members of the Special Commissions mentioned in Articles 8 and 9.
ART. 11. — In no circumstances may hospital and safety zones be the object of
attack. They shall be protected and respected at all times by the Parties to the
conflict.
ART. 12. — In the case of occupation of a territory, the hospital and safety zones
therein shall continue to be respected and utilized as such.
HOSPITAL AND SAFETY ZONES 225
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Their purpose may,however,be modified by the Occupying Power,on condition
that all measures are taken to ensure the safety of the persons accommodated.
ART. 13. — The present agreement shall also apply to localities which the Powers
may utilize for the same purposes as hospital and safety zones.
226 FOURTH GENEVA CONVENTION OF 1949 – ANNEX I
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ANNEX II
DRAFT REGULATIONS
CONCERNING COLLECTIVE RELIEF
ARTICLE 1.— The Internee Committees shall be allowed to distribute collective
relief shipments for which they are responsible, to all internees who are dependent
for administration on the said Committee’s place of internment, including those
internees who are in hospitals, or in prisons or other penitentiary establishments.
ART. 2. — The distribution of collective relief shipments shall be effected in
accordance with the instructions of the donors and with a plan drawn up by the
Internee Committees. The issue of medical stores shall, however, be made for
preference in agreement with the senior medical officers, and the latter may, in
hospitals and infirmaries, waive the said instructions, if the needs of their patients
so demand.Within the limits thus defined, the distribution shall always be carried
out equitably.
ART. 3. — Members of Internee Committees shall be allowed to go to the railway
stations or other points of arrival of relief supplies near their places of internment
so as to enable them to verify the quantity as well as the quality of the goods
received and to make out detailed reports thereon for the donors.
ART. 4. — Internee Committees shall be given the facilities necessary for
verifying whether the distribution of collective relief in all sub-divisions and
annexes of their places of internment has been carried out in accordance with their
instructions.
ART. 5. — Internee Committees shall be allowed to complete, and to cause to be
completed by members of the Internee Committees in labour detachments or by
the senior medical officers of infirmaries and hospitals, forms or questionnaires
intended for the donors, relating to collective relief supplies (distribution,
requirements, quantities, etc.). Such forms and questionnaires, duly completed,
shall be forwarded to the donors without delay.
ART. 6. — In order to secure the regular distribution of collective relief supplies
to the internees in their place of internment, and to meet any needs that may arise
through the arrival of fresh parties of internees, the Internee Committees shall be
allowed to create and maintain sufficient reserve stocks of collective relief. For this
purpose, they shall have suitable warehouses at their disposal; each warehouse shall
be provided with two locks, the Internee Committee holding the keys of one lock,
and the commandant of the place of internment the keys of the other.
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ART. 7. — The High Contracting Parties, and the Detaining Powers in particular,
shall, so far as is in any way possible and subject to the regulations governing the
food supply of the population, authorize purchases of goods to be made in their
territories for the distribution of collective relief to the internees. They shall
likewise facilitate the transfer of funds and other financial measures of a technical
or administrative nature taken for the purpose of making such purchases.
ART. 8.— The foregoing provisions shall not constitute an obstacle to the right
of internees to receive collective relief before their arrival in a place of internment
or in the course of their transfer, nor to the possibility of representatives of the
Protecting Power, or of the International Committee of the Red Cross or any other
humanitarian organization giving assistance to internees and responsible for
forwarding such supplies, ensuring the distribution thereof to the recipients by any
other means they may deem suitable.
228 FOURTH GENEVA CONVENTION OF 1949 – ANNEX II
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Write legibly and in block letters — 1.Nationality...............................................
2. Surname 3. First names (in full) 4. First name of father
................................................................................................................................
5. Date of birth .................…................ 6. Place of birth.......................................
7. Occupation .........................................................................................................
8.Address before detention....................................................................................
9.Address of next of kin ........................................................................................
................................................................................................................................
10. Interned on: * ...................................................................................................
(or)
Coming from (hospital, etc.) on: ..........................................................................
11. State of health * ................................................................................................
12. Present address .................................................................................................
13. Date.....................…........................ 14. Signature............................................
* Strike out what is not applicable.Do not add any remarks. See explanations on
other side of card.
(Size of internment card — 10 x 15 cm)
2. Reverse side 1. Front
ANNEX III
I. INTERNMENT CARD
IMPORTANT
This card must be completed
by each internee immediately
on being interned and each
time his address is altered by
reason of transfer to another
place of internment or to a
hospital.
This card is not the same as
the special card which each
internee is allowed to send to
his relatives.
CENTRAL INFORMATION AGENCY
FOR PROTECTED PERSONS
INTERNATIONAL COMMITTEE
OF THE RED CROSS
CIVILIAN INTERNEE MAIL
POST CARD
Postage free
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CIVILIAN INTERNEE SERVICE
Postage free
To
Street and number
Place of destination (in block capitals)
Province or Department
Country (in block capitals)
(Size of letter — 29 x 15 cm)
ANNEX III
II. LETTER
Sender:
Surname and first names
Date and place of birth
Internment address
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(Size of correspondence card — 10 x15 cm)
Date:
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
Write on the dotted lines only and as legibly as possible
2. Reverse side 1. Front
CIVILIAN INTERNEE MAIL
POST CARD
Postage free
To
Street and number
Place of destination (in block capitals)
Province or Department
Country (in block capitals)
Sender:
Surname and first names
Date and place of birth
Internment address
ANNEX III
III. CORRESPONDENCE CARD
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IHL Treaties - Geneva Convention (IV) on Civilians, 1949 - Commentary of 1958 Article | Article 1 - Respect for the Conventi…
https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-1/commentary/1958?activeTab=undefined 1/3
Back toGeneva Convention (IV) on Civilians, 1949
Convention (IV) relative to the Protection of Civilian
Persons in Time of War. Geneva, 12 August 1949.
Commentary of 1958
Article 1 - Respect for the Convention
ARTICLE 1 -- RESPECT FOR THE CONVENTION
A clause of this kind appeared, in a slightly dierent form, in the 1929 Conventions. Its
prominent position at the beginning of each of the 1949 Conventions gives it increased
importance. By undertaking at the very outset to respect the clauses of the Convention,
the Contracting Parties drew attention to the special character of that instrument. It is
not an engagement concluded on a basis of reciprocity, binding each party to the
contract only in so far as the other party observes its obligations. It is rather a series of
unilateral engagements solemnly contracted before the world as represented by the
other Contracting Parties. Each State contracts obligations ' vis-à-vis ' itself and at the
same time ' vis-à-vis ' the others. The motive of the Convention is such a lofty one, so
universally recognized as an imperative call of civilization, that the need is felt for its
assertion, as much out of respect for it on the part of the signatory State itself as in the
expectation of such respect from an opponent, indeed perhaps even more
for the former reason than for the latter.
[p.16] The Contracting Parties do not undertake merely to respect the Convention, but
also to ' ensure respect ' for it. The wording may seem redundant. When a State
contracts an engagement, the engagement extends eo ipso to all those over whom it
has authority, as well as to the representatives of its authority; and it is under an
obligation to issue the necessary orders. The use in all four Conventions of the words
"and to ensure respect for" was, however, deliberate: they were intended to emphasize
the responsibility of the Contracting Parties. Article 29 expressly states, moreover, that
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the Party to the conict is responsible for the treatment accorded to protected persons.
It would not, for example, be enough for a State to give orders or directions to a few
civilian or military authorities, leaving it to them to arrange as they pleased for their
detailed execution. It is for the State to supervise the execution of the orders it gives.
Furthermore, if it is to full the solemn undertaking it has given, the State must of
necessity prepare in
advance, that is to say in peacetime, the legal, material or other means of ensuring the
faithful enforcement of the Convention when the occasion arises. It follows, therefore,
that in the event of a Power failing to full its obligations, the other Contracting Parties
(neutral, allied or enemy) may, and should, endeavour to bring it back to an attitude of
respect for the Convention. The proper working of the system of protection provided by
the Convention demands in fact that the Contracting Parties should not be content
merely to apply its provisions themselves, but should do everything in their power to
ensure that the humanitarian principles underlying the Conventions are applied
universally.
The words "in all circumstances" which appear in this Article, do not, of course, cover
the case of civil war (1), as the rules to be followed in such conicts are laid down by the
Convention itself, in Article 3 . The expression refers to all situations in which the
Convention has to be applied, as described, for example, in Article 2 . Disregarding the
provisions applicable in peacetime, and Article 3 which relates only to conicts not of
an international character, the words "in all circumstances" mean that as soon as one
of the conditions of application for which Article 2 provides, is present, no Contracting
Party can oer any valid pretext, legal or otherwise, for not respecting the Convention
in its entirety. The words in question also mean that the application of the Convention
does not depend on the character of the conict. Whether a war is "just" or "unjust",
whether it is a war of aggression or of resistance to aggression, whether the intention is
[p.17] merely to occupy territory or to annex it, in no way aects the treatment
protected persons should receive.
In view of the foregoing considerations and the fact that the provisions for the
repression of violations have been considerably strengthened (2), it is clear that Article
1 is no mere empty form of words, but has been deliberately invested with imperative
force. It must be taken in its literal meaning.
Notes: (1) [(1) p.16] See Frédéric SIORDET, ' The Geneva Conventions
and Civil War ', Supplement to the ' Revue internationale
de la Croix-Rouge ', Vol. III, Nos. 8, 9 and 11, Geneva,
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August, September and November 1950;
(2) [(1) p.17] The Contracting Parties are no longer merely
required to take the necessary legislative action to
prevent or repress violations. They are under an
obligation to seek out and prosecute the guilty parties,
and cannot evade their responsibility;
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Back toGeneva Convention (IV) on Civilians, 1949
Convention (IV) relative to the Protection of Civilian
Persons in Time of War. Geneva, 12 August 1949.
Commentary of 1958
Article 27 - Treatment I. General observations
ARTICLE 27 . -- TREATMENT: GENERAL OBSERVATIONS
GENERAL REMARKS. HISTORICAL BACKGROUND
Article 27, placed at the head of Part III, occupies a key position among the Articles of
the Convention. It is the basis of the Convention, [p.200] proclaiming as it does the
principles on which the whole of "Geneva Law" is founded. It proclaims the principle of
respect for the human person and the inviolable character of the basic rights of
individual men and women.
The statement of these principles in an international convention gives them the
character of legal obligations and marks an essential stage in the history of
international law -- in particular international humanitarian law, which is concerned
above all with man as man.
It codies notions which date back to ancient times and which, through Christian
thought and particularly Thomism, have, since the Reformation made their appearance
in international law (1). Such notions are not characteristic of western civilization
alone; they are also found in the basic philosophies of other civilizations, especially in
the philosophies and religions of Islam, India and the Far East. Article 27 is a
characteristic manifestation of the evolution of ideas and law (2).
It will be remembered that the XVIIth International Red Cross Conference had thought
of giving the Convention a Preamble solemnly drawing attention to certain rules
considered to constitute the "basis of universal human law"; but the Diplomatic
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Conference was unable to reach agreement on the matter and the present Article,
together with Articles 31 -34 of the Convention, must, in the absence of a Preamble, be
regarded as setting forth those rules (3).
The rst three paragraphs of Article 27 reect the spirit which imbues the whole
Convention in regard to the rights of the individual, but the last paragraph of the
Article nevertheless makes a reservation concerning military requirements and other
matters of imperative national interest, thus balancing the rights and liberties of the
individual against those of the community (4).
As has been said, Article 27 is the basis on which the Convention rests, the central point
in relation to which all its other provisions [p.201] must be considered. It was in order
to give greater prominence to this essential Article and to underline its fundamental
importance that the Diplomatic Conference placed it at the beginning of Part III on the
status and treatment of protected persons.
PARAGRAPH 1. -- GENERAL PRINCIPLES
1. ' First sentence. -- Respect for fundamental rights '
A. ' Respect for the person. -- ' This provision is based on a similar obligation laid down
in the 1929 Geneva Convention on prisoners of war. The right of respect for the person
must be understood in its widest sense: it covers all the rights of the individual, that is,
the rights and qualities which are inseparable from the human being by the very fact of
his existence and his mental and physical powers; it includes, in particular, the right to
physical, moral and intellectual integrity -- an essential attribute of the human person.
The right to physical integrity involves the prohibition of acts impairing individual life
or health; it is reinforced by two other provisions of the Convention -- the second
sentence of this same paragraph, which lays down expressly the obligation to give
humane treatment, and Article 32 which prohibits certain practices which have
shocked the conscience of the world.
Respect for intellectual integrity means respect for all the moral values which form part
of man's heritage, and applies to the whole complex structure of convictions,
conceptions and aspirations peculiar to each individual. Individual persons' names or
photographs, or aspects of their private lives must not be given publicity.
What about the right to life itself ? Unlike Article 46 of the Hague Regulations (5) the
present Article does not mention it specically. It is nevertheless obvious that this right
is implied, for without it there would be no reason for the other rights mentioned. This
is a simple conclusion a majori ad minus, and is conrmed by the existence of clauses
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prohibiting murder, reprisals and the taking of hostages, in Articles 32 , 33 and 34 of
the Convention. Furthermore, the death penalty may only be applied to protected
persons under the circumstances strictly laid down in Article 68 .
The right to personal liberty, and in particular, the right to move about freely, can
naturally be made subject in war time to certain [p.202] restrictions made necessary by
circumstances. So far as the local population is concerned, the freedom of movement of
civilians of enemy nationality may certainly be restricted, or even temporarily
suppressed, if circumstances so require. That right is not, therefore, included among
the other absolute rights laid down in the Convention, but that in no wise means that it
is suspended in a general manner. Quite the contrary: the regulations concerning
occupation and those concerning civilian aliens in the territory of a Party to the conict
are based on the idea of the personal freedom of civilians remaining in general
unimpaired. The right in question is therefore a relative one which the Party to the
conict or the occupying power may restrict or even suspend within the limits laid
down by the Convention.
B. ' Respect for honour '. -- Honour is a moral and social quality. The right to respect
for his honour is a right invested in man because he is endowed with a reason and a
conscience. The fact that a protected person is an enemy cannot limit his right to
consideration and to protection against slander, calumny, insults or any other action
impugning his honour or aecting his reputation; that means that civilians may not be
subjected to humiliating punishments or work.
It should be noted that respect for a prisoner of war's honour, as well as respect for his
person, in stipulated in Article 46 of the Hague Regulations , and also in the 1929
Geneva Convention.
C. ' Respect for family rights '. -- The obligation to respect family rights, already
expressed in Article 46 of the Hague Regulations, is intended to safeguard the marriage
ties and that community of parents and children which constitutes a family, "the
natural and fundamental group unit of society" (6). The family dwelling and home are
therefore protected; they cannot be the object of arbitrary interference.
Respect for family life is also covered by the clause prohibiting rape and other attacks
on women's honour, as stated in the next paragraph. Furthermore, Article 82 of the
Convention provides that in case of internment "members of the same family, and in
particular parents and children, shall be lodged together in the same place of
internment". In the same way the Convention lays down that "internees may request
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that their children who are left at liberty without parental care shall be interned with
them".
Respect for family rights implies not only that family ties must be maintained, but
further that they must be restored should they have [p.203] been broken as a result of
wartime events. That is the object of Articles 25 (family correspondence) and 26
(dispersed families) and of some of the clauses of Articles 39 , 40 and 50 .
D. ' Respect for religious convictions and practices '. -- The principle of freedom of
thought is the basis of the great movement for the Rights of Man which invaded and
transformed politics and law. It is therefore inscribed at the beginning of the
traditional proclamations of essential rights and fundamental liberties.
The right to respect for religious convictions is part of freedom of conscience and
freedom of thought in general. It implies freedom to believe or not to believe, and
freedom to change from one religion or conviction to another. This safeguard relates to
any system of philosophical or religious beliefs.
Religious freedom is closely connected with the idea of freedom to practise religion
through religious observances, services and rites. Protected persons in the territory of a
Party to the conict or in occupied territory must be able to practise their religion
freely, without any restrictions other than those necessary for the maintenance of
public law and morals. That is the object of Articles 38, paragraph 3 , and 58 of the
Convention which provide that internees shall receive spiritual assistance from
ministers of their faith.
Article 27 rearms the provision in Article 46 of the Hague Regulations that occupying
forces are bound to respect "religious convictions and practice".
E. ' Respect for manners and customs '. -- Respect for the human person implies
respect for "manners" (in the sense of individual behaviour) and "customs" (meaning
the usages of a particular society).
Manners may be said to refer to the ordinary way of behaving or acting -- to the
expression of personality by the most ordinary actions of daily life. It is these constant
personal habits which the Convention aims at protecting.
The idea of a custom is more objective, that is, it indicates, in a general way, the body of
rules hallowed by usage which man observes in his relations with his fellow men.
Custom draws its authority from its tacit acceptance by the whole body of citizens. Such
ancient and general customs taken as a whole constitute part of the law of each
country.
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The obligation to respect manners and customs is particularly important in the case of
occupied countries. Everybody remembers the measures adopted in certain cases
during the Second World War, which could with justice be described as "cultural
genocide". The [p.204] clause under discussion is intended to prevent a reversion to
such practices.
2. ' Second sentence. -- Humane treatment '
The obligation to grant protected persons humane treatment is in truth the ' leitmotiv '
of the four Geneva Conventions. After proclaiming the general principle, the
Convention enumerates the acts Which are prohibited.
The expression "to treat humanely" is taken from the Hague Regulations and from the
two 1929 Geneva Conventions. The Word "treatment" must be understood here in its
most general sense as applying to all aspects of man's life. It seems useless and even
dangerous to attempt to make a list of all the factors which make treatment "humane"
(7). The purpose of this Convention is simply to dene the correct way to behave
towards a human being, who himself wishes to receive humane treatment and who
may, therefore, also give it to his fellow human beings. What constitutes humane
treatment follows logically from the principles explained in the last paragraph, and is
further conrmed by the list of what is incompatible with it. In this connection the
paragraph under discussion mentions as an example, using the same wording as the
Third Geneva Convention (8), any act of violence or intimidation inspired not by
military requirements or a legitimate desire for security, but by a systematic scorn for
human values (insults,
exposing people to public curiosity, etc.).
The Convention does not conne itself to stipulating that such acts are not to be
committed. It goes further; it requires States to take all the precautions and measures
in their power to prevent such acts and to assist the victims in case of need (9).
This rst list has very rightly been supplemented in Article 32 by a further list of acts
considered as grave breaches of the duty of humane treatment: extermination, murder,
torture, mutilation, biological experiments not necessitated by medical treatment of
the person concerned.
The requirement of humane treatment and the prohibition of certain acts incompatible
with it are general and absolute in character, [p.205] like the obligation enjoining
respect for essential rights and fundamental liberties. They are valid "in all
circumstances" and "at all times", and apply, for example, to cases where a protected
person is the legitimate object of strict measures, since the dictates of humanity and
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measures of security or repression, even when they are severe, are not necessarily
incompatible. The obligation to give humane treatment and to respect fundamental
rights remains fully valid in relation to persons in prison or interned, whether in the
territory of a Party to the conict or in occupied territory. It is in such situations, when
human values appear to be in greatest danger, that the provision assumes its full
signicance.
PARAGRAPH 2. -- TREATMENT OF WOMEN
Paragraph 2 denounces certain practices which occurred, for example, during the last
World War, when innumerable women of all ages, and even children, were subjected to
outrages of the worst kind: rape committed in occupied territories, brutal treatment of
every sort, mutilations etc. In areas where troops were stationed, or through which
they passed, thousands of women were made to enter brothels against their will or
were contaminated with venereal diseases, the incidence of which often increased on
an alarming scale (10).
These facts revolt the conscience of all mankind and recall the worst memories of the
great barbarian invasions. They underline the necessity of proclaiming that women
must be treated with special consideration. That is the object of this paragraph, which
is based on a provision introduced into the Prisoners of War Convention in 1929, and on
a proposal submitted to the International Committee by the International Women's
Congress and the International Federation of Abolitionists (11).
The provision is founded on the principles set forth in paragraph 1 on the notion of
"respect for the person", "honour" and "family rights".
A woman should have an acknowledged right to special protection, the special regard
owed to women being, of course, in addition to the safeguards laid down in paragraph
1, which they enjoy equally with men.
[p.206] The Conference listed as examples certain acts constituting an attack on
women's honour, and expressly mentioned rape, enforced prostitution, i.e. the forcing
of a woman into immorality by violence or threats, and any form of indecent assault.
These acts are and remain prohibited in all places and in all circumstances, and women,
whatever their nationality, race, religious beliefs, age, marital status or social condition
have an absolute right to respect for their honour and their modesty, in short, for their
dignity as women.
PARAGRAPH 3. -- EQUALITY OF TREATMENT; NON-DISCRIMINATION
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Paragraph 3 contains a statement of the principle that all protected persons are to
receive the same standard of treatment, with a further clause concerning nondiscrimination.
That means that any protected person is entitled to all the rights and
liberties proclaimed by the Convention under a general principle common to all the
Geneva Conventions (12).
It is clear from the wording of the provision that the list of various criteria on which
discrimination might be based -- race, religion and political opinion -- is only given by
way of example. The criteria of language, colour, social position, nancial
circumstances and birth might be added. In a word, any discriminatory measure
whatsoever is banned, unless it results from the application of the Convention.
Nationality is not among the various criteria mentioned (it was mentioned in Article 13
) and the discussions at the Diplomatic Conference make it clear that it cannot be
regarded as implicitly included (13).
A prohibition of discrimination does not mean that all dierentiation is forbidden. That
is clear from the qualied character of the wording, which only excludes dierences
when they are of an adverse nature. Equality might easily become injustice if it was
applied to situations which were essentially unequal, without taking into account such
circumstances as the state of health, age and sex of the protected persons concerned. It
is in this way that the principle of equality is understood in the Convention.
[p.207] It should be noted too that the prohibition of all adverse distinctions in the
treatment given to protected persons is not merely a negative duty. It implies an active
role. An occupying Power is, for example, bound to abrogate any discriminatory laws it
may nd in occupied territory, if they place diculties in the way of the application of
the Convention. That follows also from the rst paragraph of Article 64 .
PARAGRAPH 4. -- RESERVATION IN REGARD TO SECURITY MEASURES
The various security measures which States might take are not specied; the Article
merely lays down a general provision. There are a great many measures, ranging from
comparatively mild restrictions such as the duty of registering with and reporting
periodically to the police authorities, the carrying of identity cards or special papers, or
a ban on the carrying of arms, to harsher provisions such as a prohibition on any
change in place of residence without permission, prohibition of access to certain areas,
restrictions of movement, or even assigned residence and internment (which,
according to Article 41 , are the two most severe measures a belligerent may inict on
protected persons).
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A great deal is thus left to the discretion of the Parties to the conict as regards the
choice of means. What is essential is that the measures of constraint they adopt should
not aect the fundamental rights of the persons concerned. As has been seen, those
rights must be respected even when measures of constraint are justied.
Although these supreme rights are not, generally speaking, in any danger as a result of
the rst administrative measures we mentioned, that is not so in the case of assigned
residence or internment. The experience of the Second World War has shown in tragic
fashion that under such conditions there is a particularly great danger of oences
against the human person. That is why the Convention, conscious of the danger, only
accepts internment and assigned residence as measures to be adopted in the last
extremity, and makes them subject to strict rules (Articles 41 to 43 and Article 78 ); and
why, furthermore, it lays down in great detail (Articles 79 to 135 -- treatment of
internees) standards of treatment designed to ensure that the human person is
respected under the circumstances where it appears to be in greatest danger.
Notes: (1) [(1) p.200] See Max HUBER: ' Le Droit des Gens et
l'Humanité, ' Revue internationale de la Croix-Rouge,
1952, pp. 646 . For points common to the Convention and
the Declaration of Human Rights, see C. PILLOUP: ' La
Déclaration universelle des Droits de l'Homme et les
Conventions internationales protégeant les victimes de la
guerre, ' ibid, 1949, pp. 252-258;
(2) [(2) p.200] For comments on the question as a whole see
LAUTERPACHT: ' International Law and Human Rights, '
London, 1950. With special reference to Humanitarian Law,
see H. COURSIER: ' Etudes sur la formation du droit
humanitaire, ' Geneva, 1952;
(3) [(3) p.200] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. I, p. 113;
(4) [(4) p.200] The reservation in regard to State security
matters was added by the 1949 Conference at the suggestion
of the Delegation of the United States of America;
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(5) [(1) p.201] This Article, in which the provisions under
discussion had their origin, reads as follows: "Family
honour and rights, the lives of persons, and private
property, as well as religious convictions and practice,
must be respected. Private property cannot be
conscated.";
(6) [(1) p.202] See ' Universal Declaration of Human Rights '
of December 10, 1948, Article 16, para. 3;
(7) [(1) p.204] See ' Commentary I, ' p. 53;
(8) [(2) p.204] See Article 13, para. 2, of that Convention;
(9) [(3) p.204] The Diplomatic Conference rejected a proposal
that the expression "protected against" should be replaced
by the words "shall not be exposed to" which would have
greatly reduced the scope of the Clause. See ' Final
Record of the Diplomatic Conference of Geneva of 1949, '
Vol. II-A, pp. 712-713;
(10) [(1) p.205] See ' Commission of Government Experts for the
Study of the Convention for the Protection of War Victims
(Geneva, Apr. 14-26, 1947). Preliminary Documents, ' Vol.
III, p. 47;
(11) [(2) p.205] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, p. 821;
(12) [(1) p.206] ... It will be noted, for example, that the
three other Geneva Conventions of 1949 also contain a
clause prohibiting discrimination; see Article 12, para.
2, of the First and Second Conventions and Article 16 of
the Third Convention;
(13) [(2) p.206] See ' Final Record of the Diplomatic
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Conference of Geneva of 1949, ' Vol. II-A, pp. 640-642;
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Back toGeneva Convention (IV) on Civilians, 1949
Convention (IV) relative to the Protection of Civilian
Persons in Time of War. Geneva, 12 August 1949.
Commentary of 1958
Article 47 - Inviolability of rights
ARTICLE 47 -- INVIOLABILITY OF RIGHTS (1)
[p.273] 1. ' General '
The position of Article 47 at the beginning of the Section dealing with occupied
territories underlines the cardinal importance of the safeguards it proclaims. During
the Second World War whole populations were excluded from the application of the
laws governing occupation and were thus denied the safeguards provided by those laws
and left at the mercy of the Occupying Power. In order to avoid a repetition of this state
of aairs, the authors of the Convention made a point of giving these rules an absolute
character. They will be considered in the following pages in the order in which they
occur in the Convention.
2. ' Changes in the institutions or the government of the
occupied territory '
During the Second World War Occupying Powers intervened in the occupied countries
on numerous occasions and in a great variety of ways, depending on the political aim
pursued; examples are changes in constitutional forms or in the form of government,
the establishment of new military or political organizations, the dissolution of the
State, or the formation of new political entities.
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International law prohibits such actions, which are based solely on the military
strength of the Occupying Power and not on a sovereign decision by the occupied State.
Of course the Occupying Power usually tried to give some colour of legality and
independence to the new organizations, which were formed in the majority of cases
with the co-operation of certain elements among the population of the occupied
country, but it was obvious that they were in fact always subservient to the will of the
Occupying Power. Such practices were incompatible with the traditional concept of
occupation (as dened in Article 43 of the Hague Regulations of 1907) according to
which the occupying authority was to be considered as merely being a de facto
administrator (2).
This provision of the Hague Regulations is not applicable only to the inhabitants of the
occupied territory; it also protects the separate existence of the State, its institutions
and its laws. This provision does not become in any way less valid because of the
existence [p.274] of the new Convention, which merely amplies it so far as the
question of the protection of civilians is concerned.
Interference by the Protecting Power with the institutions or government of an
occupied country has the eect of transforming the country's structure and
organizations more or less radically. Such a transformation may make the position of
the inhabitants worse, and the present Article is intended to prevent from harming
protected persons measures taken by the Occupying Power with a view to restoring and
maintaining law and order. It does not expressly prohibit the Occupying Power from
modifying the institutions or government of the occupied territory (3). Certain changes
might conceivably be necessary and even an improvement; besides, the text in question
is of an essentially humanitarian character; its object is to safeguard human beings and
not to protect the political institutions and government machinery of the State as such.
The main point, according to the Convention, is that changes made in the internal
organization of the State must not lead to protected persons being deprived of the
rights and safeguards provided
for them. Consequently it must be possible for the Convention to be applied to them in
its entirety, even if the Occupying Power has introduced changes in the institutions or
government of the occupied territory.
3. ' Agreement concluded between the authorities of the
occupied territory and the Occupying Power '
Agreements concluded with the authorities of the occupied territory represent a more
subtle means by which the Occupying Power may try to free itself from the obligations
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incumbent on it under occupation law; the possibility of concluding such agreements is
therefore strictly limited by Article 7, paragraph 1 , and the general rule expressed there
is rearmed by the present provision. It may thus be regarded as a provision applying
the safeguards embodied in Article 7 , which are valid for the whole Convention;
reference should therefore be made to the comments on that Article.
It should be noted, however, that the Diplomatic Conference wished to rearm that
general rule by re-stating it at the beginning of the chapter dealing with occupied
territory for a particular reason; because there is in this case a particularly great danger
of the Occupying Power forcing the Power whose territory is occupied to conclude
[p.275] agreements prejudicial to protected persons. Cases have in fact occurred where
the authorities of an occupied territory have, under pressure from the Occupying
Power, refused to accept supervision by a Protecting Power, banned the activities of
humanitarian organizations and tolerated the forcible enlistment or deportation of
protected persons by the occupying authorities. Such stipulations are in agrant
contradiction with Articles 9 , 39 and 51 of the Convention and are consequently strictly
forbidden.
Lastly it will be noted that the same clause applies both to cases where the lawful
authorities in the occupied territory have concluded a derogatory agreement with the
Occupying Power and to cases where that Power has installed and maintained a
government in power.
4. ' Annexation '
As was emphasized in the commentary on Article 4 , the occupation of territory in
wartime is essentially a temporary, de facto situation, which deprives the occupied
Power of neither its statehood nor its sovereignty; it merely interferes with its power to
exercise its rights. That is what distinguishes occupation from annexation, whereby the
Occupying Power acquires all or part of the occupied territory and incorporates it in its
own territory (4).
Consequently occupation as a result of war, while representing actual possession to all
appearances, cannot imply any right whatsoever to dispose of territory. As long as
hostilities continue the Occupying Power cannot therefore annex the occupied
territory, even if it occupies the whole of the territory concerned. A decision on that
point can only be reached in the peace treaty. That is a universally recognized rule
which is endorsed by jurists and conrmed by numerous rulings of international and
national courts.
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And yet the Second World War provides us with several examples of "anticipated
annexation", as a result of unilateral action on the part of the victor to dispose of
territory he had occupied. The population of such territories, which often covered a
wide area, did not enjoy the benet of the rules governing occupation, were without the
rights and safeguards to which they were legitimately entitled, and were thus subjected
to whatever laws or regulations the annexing State wished to promulgate.
Aware of the extremely dangerous nature of such proceedings, which leave the way
open to arbitrary actions and decisions, the Diplomatic Conference felt it necessary to
stipulate that actions of this [p.276] nature would have no eect on the rights of
protected persons, who would, in spite of them, continue to be entitled to the benets
conferred by the Convention.
It will be well to note that the reference to annexation in this Article cannot be
considered as implying recognition of this manner of acquiring sovereignty. The
preliminary work on the subject conrms this. In order to bring out more clearly the
unlawful character of annexation in wartime, the government experts of 1947 proposed
adding the adjective "alleged" before the word "annexation" (5). Several delegates at
the Diplomatic Conference, concerned about the same point, went as far as to propose
cutting out the reference to a hypothetical annexation in this Article. The Conference
eventually decided to keep it because they considered that these fears were unfounded
and also felt that it was wiser to mention such a situation in the text of the Article, in
order to be better armed to meet it (6).
A fundamental principle emerges from the foregoing considerations; an Occupying
Power continues to be bound to apply the Convention as a whole even when, in
disregard of the rules of international law, it claims during a conict to have annexed
all or part of an occupied territory.
Notes: (1) [(1) p.272] For the discussions leading up to Article 47,
see ' Final Record ', Vol, I, p. 120; Vol. II-A, pp. 673,
773; Vol. II-B, p. 415;
(2) [(1) p.273] The provision in question reads as follows:
"The authority of the legitimate power having in fact
passed into the hands of the occupant, the latter shall
take all the measures in his power to restore, and ensure,
as far as possible, public order and safety, while
respecting, unless absolutely prevented, the laws in force
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in the country";
(3) [(1) p.274] Article 43 of the Hague Regulations only
contains a qualied prohibition stipulating as it does
that the occupant is to respect, "unless absolutely
prevented", the laws in force in the country;
(4) [(1) p.275] The annexing State "succeeds" to all the
sovereign rights of the dismembered State in the territory
annexed;
(5) [(1) p.276] See ' Report on the Work of the Conference of
Government Experts for the Study of the Conventions for
the Protection of War Victims ' (Geneva, April 14-26,
1947), p. 274;
(6) [(2) p.276] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, pp. 663 and
773-774;
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Back toGeneva Convention (IV) on Civilians, 1949
Convention (IV) relative to the Protection of Civilian
Persons in Time of War. Geneva, 12 August 1949.
Commentary of 1958
Article 49 - Deportations, transfers, evacuations
ARTICLE 49 -- DEPORTATIONS, TRANSFERS, EVACUATIONS (1)
[p.278] Article 49 is derived from the Tokyo Draft which prohibited the deportation of
the inhabitants of an occupied country (2). As a result of the experience of the Second
World War, the International Committee of the Red Cross submitted this important
question to the government experts who met in 1947. On the basis of the text prepared
by the experts the Committee drafted detailed provisions which were adopted in all
their essentials by the Diplomatic Conference of 1949.
PARAGRAPH 1. -- FORCIBLE TRANSFERS AND DEPORTATIONS
The rst of the six paragraphs in Article 49 is by far the most important, in that it
prohibits the forcible transfer or deportation from occupied territory of protected
persons.
There is doubtless no need to give an account here of the painful recollections called
forth by the "deportations" of the Second World War, for they are still present in
everyone's memory. It will suce to mention that millions of human beings were torn
from their homes, separated from their families and deported from their country,
usually under inhumane conditions. These mass transfers took place for the greatest
possible variety of reasons, mainly as a consequence of the formation of a forced labour
service. The thought of the physical and mental suering endured by these "displaced
[p.279] persons", among whom there were a great many women, children, old people
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and sick, can only lead to thankfulness for the prohibition embodied in this paragraph,
which is intended to forbid such hateful practices for all time.
The authors of the Convention voted unanimously in favour of this prohibition, but
there was some discussion on the wording. The draft submitted by the International
Committee of the Red Cross reads: "Deportations or transfers of protected persons out
of occupied territory are prohibited..." (3); the Diplomatic Conference preferred not to
place an absolute prohibition on transfers of all kinds, as some might up to a certain
point have the consent of those being transferred. The Conference had particularly in
mind the case of protected persons belonging to ethnic or political minorities who
might have suered discrimination or persecution on that account and might therefore
wish to leave the country. In order to make due allowances for that legitimate desire the
Conference decided to authorize voluntary transfers by implication, and only to
prohibit "forcible" transfers (4).
The prohibition is absolute and allows of no exceptions, apart from those stipulated in
paragraph 2. It is, moreover, strengthened by other Articles in the cases in which its
observance appeared to be least certain: in this connection mention may be made of
Article 51, paragraph 2 , dealing with compulsory labour, Article 76, paragraph 1 ,
concerning the treatment of protected persons accused of oences or serving sentences
and also under certain circumstances Article 70, paragraph 2 , which deals with
refugees.
The Hague Regulations do not refer to the question of deportation; this was probably
because the practice of deporting persons was regarded at the beginning of this century
as having fallen into abeyance. The events of the last few years have, however, made it
necessary to make more detailed provisions on this point which may be regarded today
as having been embodied in international law (5). Consequently, [p.280] "unlawful
deportation or transfer" was introduced among the grave breaches, dened in Article
147 of the Convention as calling for the most severe penal sanctions.
PARAGRAPH 2. -- EVACUATION
As an exception to the rule contained in paragraph 1, paragraph 2 authorizes the
Occupying Power to evacuate an occupied territory wholly or partly.
Unlike deportation and forcible transfers, evacuation is a provisional measure entirely
negative in character, and is, moreover, often taken in the interests of the protected
persons themselves. The clause may be compared with other provisions already
commented upon, where the aim in view is similar, such as Articles 14 , 15 and 17 ,
which deal with hospital and safety zones, neutralized zones, and the evacuation of
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besieged or encircled areas. These provisions which apply to the whole population of
countries engaged in a conict are, of course, fully valid in occupied territory.
In order to protect the interests of the populations concerned, a number of safeguards
are laid down with regard to evacuation, some of them in this paragraph and some in
the next.
The rst stipulation is that evacuation may only be ordered in two cases which are
dened in great detail, namely when the safety of the population or imperative military
reasons so demand. If therefore an area is in danger as a result of military operations or
is liable to be subjected to intense bombing, the Occupying Power has the right and,
subject to the provisions of Article 5 , the duty of evacuating it partially or wholly, by
placing the inhabitants in places of refuge. The same applies when the presence of
protected persons in an area hampers military operations. Evacuation is only permitted
in such cases, however, when overriding military considerations make it imperative; if
it is not imperative, evacuation ceases to be legitimate.
It is stipulated that evacuation must not involve the movement of protected persons to
places outside the occupied territory, unless it is physically impossible to do otherwise
(6). Thus, as a rule evacuation must be to reception centres inside the territory.
The last sentence of the paragraph was added by the Diplomatic Conference (7); it
stipulates that protected persons who have been evacuated are to be brought back to
their homes as soon as the [p.281] hostilities in the area have ended. This clause
naturally applies both to evacuation inside the territory and to cases where
circumstances have made it necessary to evacuate the protected persons to a place
outside the occupied territory.
PARAGRAPH 3. -- PRACTICAL ARRANGEMENTS
Evacuation with all it implies -- leaving home, moving into an unknown environment,
etc. -- represents a radical change in the position of those concerned. The unfortunate
consequences of evacuation should therefore be mitigated as far as possible by adding
to the measure a minimum of humanitarian safeguards.
That is what this paragraph is intended to do. It represents a very strong
recommendation to the Occupying Power. In the corresponding provision of the draft
text put forward by the International Committee of the Red Cross the safeguards were
expressed in the form of an absolute obligation (8); but the Diplomatic Conference
made the clause rather less rigid by inserting the words "to the greatest practicable
extent" (9).
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It must not be forgotten, however, that this wording is intended to cover the
contingency of an improvised evacuation of a temporary character when urgent action
is absolutely necessary in order to protect the population eectively against an
imminent and unforeseen danger. If the evacuation has to be prolonged as a result of
military operations and it is not possible to return the evacuated persons to their
homes within a comparatively short period, it will be the duty of the Occupying Power
to provide them with suitable accommodation and make proper feeding and sanitary
arrangements.
Attention should nally be drawn to the last clause in the paragraph which stipulates
that members of the same family are not to be separated from one another. This
provision represents a very appropriate addition to those of Article 27 under which the
Parties to the conict are in general obliged to respect family rights. Like Articles 25 ,
26 and 82 it is essentially intended to keep the family united or to re-unite it if it
becomes separated.
PARAGRAPH 4. -- NOTIFICATION OF THE PROTECTING POWER
The importance attached in the Convention to evacuation taking place under the
conditions dened above is underlined by the fact [p.282] that the Protecting Power is
given the right to be informed of them.
The text proposed by the International Committee of the Red Cross read: "The
Protecting Power shall be informed of any proposed transfers and evacuations. It may
supervise the preparations and the conditions in which such operations are carried
out." (10)
The Diplomatic Conference did not wish to make the prior notication of evacuation
compulsory, as that would have made it more dicult to keep military operations
secret. It therefore conned itself to providing that the information was to be given a
posteriori (11).
The Protecting Power cannot therefore exercise its right of supervision during the
preparations or when the moves themselves are taking place; it can, however, verify
whether the Occupying Power fulls the conditions which the Convention lays down
with regard to the accommodation and other arrangements for the evacuees. The
Protecting Power will take action to ensure that they are treated as humanely as
possible and will help to improve their lot by co-operating with the competent
authorities. The rights of supervision and check of the Protecting Power in regard to
evacuation will, of course, apply not only inside the occupied territory but also outside
it, in particular if the transfer is to a place within the territory of the Occupying Power.
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PARAGRAPH 5. -- RIGHT OF PROTECTED PERSONS TO MOVE
FROM PLACE TO PLACE
This paragraph is based on a clause proposed by the International Committee of the
Red Cross. The Conference decided to include it in each of the rst 4 sections of Part III
(Articles 28 , 38 (4) , 49, paragraph 5 , and 83, paragraph 1 ).
It was pointed out in the commentary on Article 27 that the rule whereby individuals
are free to move from place to place is subject to certain restrictions in wartime. Two
such restrictions are mentioned here: the Occupying Power is entitled to prevent
protected persons from moving, even if they are in an area particularly exposed to the
dangers of war, if the security of the population or imperative military reasons so
demand.
This clause is the result of the lessons drawn from the Second World War.
[p.283] It will be enough to remember the disastrous consequences of the exodus of the
civilian population during the invasion of Belgium and Northern France. Thousands of
people died a ghastly death on the roads and these mass ights seriously impeded
military operations by blocking lines of communication and disorganizing transport
(12). Thus, two considerations -- the security of the population and "imperative
military reasons" -- may, according to the circumstances, justify either the evacuation
of protected persons (paragraph 2) or their retention (paragraph 5). In each case real
necessity must exist; the measures taken must not be merely an arbitrary iniction or
intended simply to serve in some way the interests of the Occupying Power.
PARAGRAPH 6. -- DEPORTATION AND TRANSFER OF PERSONS INTO
OCCUPIED TERRITORY
This clause was adopted after some hesitation, by the XVIIth International Red Cross
Conference (13). It is intended to prevent a practice adopted during the Second World
War by certain Powers, which transferred portions of their own population to occupied
territory for political and racial reasons or in order, as they claimed, to colonize those
territories. Such transfers worsened the economic situation of the native population
and endangered their separate existence as a race.
The paragraph provides protected persons with a valuable safeguard. It should be
noted, however, that in this paragraph the meaning of the words "transfer" and
"deport" is rather dierent from that in which they are used in the other paragraphs of
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Article 49, since they do not refer to the movement of protected persons but to that of
nationals of the occupying Power.
It would therefore appear to have been more logical -- and this was pointed out at the
Diplomatic Conference (14) -- to have made the clause in question into a separate
provision distinct from Article 49, so that the concepts of "deportations" and
"transfers" in that Article could have kept throughout the meaning given them in
paragraph 1, i.e. the compulsory movement of protected persons from occupied
territory.
Notes: (1) [(4) p.277] For the discussions concerning this Article,
see ' Final Record, ' Vol. II-A, pp. 664, 759, 809; Vol.
II-B, p. 415;
(2) [(1) p.278] See p. 4 above;
(3) [(1) p.279] See ' XVIIth International Red Cross
Conference, Draft Revised or New Conventions for the
protection of War Victims, ' Document 4a, p.173;
(4) [(2) p.279] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, pp. 759-760;
(5) [(3) p.279] This view is not expressed in the Convention
alone. The Charter of the Nuremberg International Military
Tribunal laid down in its Article 6 (b) that "deportation
to slave-labour or for any other purpose" was a "war
crime"; sub-paragraph (c) of the same Article includes
"deportations and other inhuman acts done against any
civilian population" among "the crimes against humanity".
In its judgment delivered on September 30, 1946, the
Tribunal agreed that deportation was illegal. A great many
other decisions by other courts which have had to deal
with this question have also stated that the deportation
of inhabitants of occupied territory is contrary to the
laws and customs of war;
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(6) [(1) p.280] See in this connection ' Final Record of the
Diplomatic Conference of Geneva of 1949, ' Vol. II-A, pp.
664, 759-760;
(7) [(2) p.280] See ibid., Vol. II-A, pp. 759-760;
(8) [(1) p.281] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. I, pp. 120-121;
(9) [(2) p.281] See ibid., Vol. II-A, pp. 759-760; Vol. II-B,
p. 415;
(10) [(1) p.282] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. I, p. 120;
(11) [(2) p.282] See ibid., Vol. II-A, pp. 759-760;
(12) [(1) p.283] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, pp. 759-760;
(13) [(2) p.283] See ' XVIIth International Red Cross
Conference, Legal Commission, Summary of the Debates of
the Sub-Commissions, ' pp. 61-62 and 77-78;
(14) [(3) p.283] See ' Final Record of the Diplomatic
Conference of Geneva of 1949, ' Vol. II-A, p. 664;
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Back toGeneva Convention (IV) on Civilians, 1949
Convention (IV) relative to the Protection of Civilian
Persons in Time of War. Geneva, 12 August 1949.
Commentary of 1958
Article 53 - Prohibited destruction
ARTICLE 53 . -- PROHIBITED DESTRUCTION (1)
1. ' Object of the protection aorded '
The intention in the Stockholm Draft had been to cover only private property and to
protect civilians by ensuring that the property in their possession as individuals and
necessary for their existence (houses, clothing, food, tools and instruments needed in
their work, means of transport, etc.) should be saved from destruction unnecessary for
the pursuit of the war. Certain delegations at the Diplomatic Conference, having drawn
attention to new conceptions concerning property, pointed out that the Hague
Regulations, Article 23 [p.301] (g) when referring to the destruction of "the enemy's
property", did not specify that the reference was to the property of enemy "nationals".
The Conference agreed with their view and consequently agreed to refer in this Article
to property owned collectively or belonging to the State; it must be agreed, however,
that this extension gives the provision a character which does not altogether t in with
the general scope of the Convention.
In the very wide sense in which the Article must be understood, the prohibition covers
the destruction of all property (real or personal), whether it is the private property of
protected persons (owned individually or collectively), State property, that of the
public authorities (districts, municipalities, provinces, etc.) or of co-operative
organizations. The extension of protection to public property and to goods owned
collectively, reinforces the rule already laid down in the Hague Regulations, Articles 46
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and 56 according to which private property and the property of municipalities and of
institutions dedicated to religion, charity and education, the arts and sciences must be
respected.
It should be noted that the prohibition only refers to "destruction". Under
international law the occupying authorities have a recognized right, under certain
circumstances, to dispose of property within the occupied territory -- namely the right
to requisition private property, the right to conscate any movable property belonging
to the State which may be used for military operations and the right to administer and
enjoy the use of real property belonging to the occupied State.
The prohibition of destruction contained in the present Article may be compared with
the prohibition of pillage and reprisals in Article 33 .
2. ' Scope of the provision '
In order to dissipate any misconception in regard to the scope of Article 53, it must be
pointed out that the property referred to is not accorded general protection; the
Convention merely provides here for its protection in occupied territory. The scope of
the Article is therefore limited to destruction resulting from action by the Occupying
Power. It will be remembered that Article 23 (g) of the Hague Regulations forbids the
unnecessary destruction of enemy property; since that rule is placed in the section
entitled "hostilities", it covers all property in the territory involved in a war; its scope is
therefore much wider than that of the provision under discussion, which is only
concerned with property situated in occupied territory.
[p.302] 3. ' Reservation '
The prohibition of destruction of property situated in occupied territory is subject to an
important reservation: it does not apply in cases "where such destruction is rendered
absolutely necessary by military operations". The occupying forces may therefore
undertake the total or partial destruction of certain private or public property in the
occupied territory when imperative military requirements so demand.
Furthermore, it will be for the Occupying Power to judge the importance of such
military requirements. It is therefore to be feared that bad faith in the application of the
reservation may render the proposed safeguard valueless; for unscrupulous recourse to
the clause concerning military necessity would allow the Occupying Power to
circumvent the prohibition set forth in the Convention. The Occupying Power must
therefore try to interpret the clause in a reasonable manner: whenever it is felt
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essential to resort to destruction, the occupying authorities must try to keep a sense of
proportion in comparing the military advantages to be gained with the damage done.
A word should be said here about operations in which military considerations require
recourse to a "scorched earth" policy, i.e. the systematic destruction of whole areas by
occupying forces withdrawing before the enemy. Various rulings of the courts after the
Second World War held that such tactics were in practice admissible in certain cases,
when carried out in exceptional circumstances purely for legitimate military reasons.
On the other hand the same rulings severely condemned recourse to measures of
general devastation whenever they were wanton, excessive or not warranted by
military operations. Article 6 (b) of the Charter of the International Military Tribunal
describes "the wanton destruction of cities, towns or villages or devastation not
justied by military necessity" as a war crime. Moreover, Article 147 of the Fourth
Convention includes among the "grave breaches" liable to penal sanctions under
Article 146 , "extensive destruction... of property, not justied by military necessity and
carried out unlawfully and wantonly."
Notes: (1) [(1) p.300] See ' Final Record, ' Vol. I, p. 118; Vol.
II-A, pp. 719-721, 829, 856; Vol. II-B, pp. 417-418; Vol.
III, p. 134;
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Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention
Convention for the Protection
of Cultural Property in the Event of Armed
Conflict with Regulations for
the Execution of the Convention
The Hague, 14 May 1954
The High Contracting Parties,
Recognizing that cultural property has suffered grave damage during recent armed
conflicts and that, by reason of the developments in the technique of warfare, it is in
increasing danger of destruction;
Being convinced that damage to cultural property belonging to any people whatsoever
means damage to the cultural heritage of all mankind, since each people makes its
contribution to the culture of the world;
Considering that the preservation of the cultural heritage is of great importance for all
peoples of the world and that it is important that this heritage should receive international
protection;
Guided by the principles concerning the protection of cultural property during armed
conflict, as established in the Conventions of The Hague of 1899 and of 1907 and in the
Washington Pact of 15 April, 1935;
Being of the opinion that such protection cannot be effective unless both national and
international measures have been taken to organize it in time of peace;
Being determined to take all possible steps to protect cultural property;
Have agreed upon the following provisions:
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The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two (1954 and 1999) Protocols – Basic Texts
Chapter I. General provisions regarding protection
Article 1 – Definition of cultural property
For the purposes of the present Convention, the term `cultural property’ shall cover,
irrespective of origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every
people, such as monuments of architecture, art or history, whether religious or secular;
archaeological sites; groups of buildings which, as a whole, are of historical or artistic
interest; works of art; manuscripts, books and other objects of artistic, historical or
archaeological interest; as well as scientific collections and important collections of
books or archives or of reproductions of the property defined above;
(b) buildings whose main and effective purpose is to preserve or exhibit the movable
cultural property defined in sub-paragraph (a) such as museums, large libraries
and depositories of archives, and refuges intended to shelter, in the event of armed
conflict, the movable cultural property defined in sub-paragraph (a);
(c) centers containing a large amount of cultural property as defined in sub-paragraphs (a)
and (b), to be known as `centers containing monuments’.
Article 2 – Protection of cultural property
For the purposes of the present Convention, the protection of cultural property shall
comprise the safeguarding of and respect for such property.
Article 3 – Safeguarding of cultural property
The High Contracting Parties undertake to prepare in time of peace for the safeguarding of
cultural property situated within their own territory against the foreseeable effects of an
armed conflict, by taking such measures as they consider appropriate.
Article 4 – Respect for cultural property
1. The High Contracting Parties undertake to respect cultural property situated within
their own territory as well as within the territory of other High Contracting Parties
by refraining from any use of the property and its immediate surroundings or of
the appliances in use for its protection for purposes which are likely to expose it to
destruction or damage in the event of armed conflict; and by refraining from any act
of hostility, directed against such property.
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Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention
2. The obligations mentioned in paragraph 1 of the present Article may be waived only
in cases where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary,
put a stop to any form of theft, pillage or misappropriation of, and any acts of
vandalism directed against, cultural property. They shall refrain from requisitioning
movable cultural property situated in the territory of another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural property.
5. No High Contracting Party may evade the obligations incumbent upon it under the
present Article, in respect of another High Contracting Party, by reason of the fact
that the latter has not applied the measures of safeguard referred to in Article 3.
Article 5 – Occupation
1. Any High Contracting Party in occupation of the whole or part of the territory of
another High Contracting Party shall as far as possible support the competent
national authorities of the occupied country in safeguarding and preserving its
cultural property.
2. Should it prove necessary to take measures to preserve cultural property situated in
occupied territory and damaged by military operations, and should the competent
national authorities be unable to take such measures, the Occupying Power shall,
as far as possible, and in close co-operation with such authorities, take the most
necessary measures of preservation.
3. Any High Contracting Party whose government is considered their legitimate
government by members of a resistance movement, shall, if possible, draw their
attention to the obligation to comply with those provisions of the Convention dealing
with respect for cultural property.
Article 6 – Distinctive marking of cultural property
In accordance with the provisions of Article 16, cultural property may bear a distinctive
emblem so as to facilitate its recognition.
Article 7 – Military measures
1. The High Contracting Parties undertake to introduce in time of peace into their
military regulations or instructions such provisions as may ensure observance of the
present Convention, and to foster in the members of their armed forces a spirit of
respect for the culture and cultural property of all peoples.
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2. The High Contracting Parties undertake to plan or establish in peace-time, within their
armed forces, services or specialist personnel whose purpose will be to secure respect
for cultural property and to co-operate with the civilian authorities responsible for
safeguarding it.
Chapter II. Special protection
Article 8 – Granting of special protection
1. There may be placed under special protection a limited number of refuges intended
to shelter movable cultural property in the event of armed conflict, of centers
containing monuments and other immovable cultural property of very great
importance, provided that they:
(a) are situated at an adequate distance from any large industrial center or from
any important military objective constituting a vulnerable point, such as, for
example, an aerodrome, broadcasting station, establishment engaged upon
work of national defense, a port or railway station of relative importance or a
main line of communication;
(b) are not used for military purposes.
2. A refuge for movable cultural property may also be placed under special protection,
whatever its location, if it is so constructed that, in all probability, it will not be
damaged by bombs.
3. A center containing monuments shall be deemed to be used for military purposes
whenever it is used for the movement of military personnel or material, even in
transit. The same shall apply whenever activities directly connected with military
operations, the stationing of military personnel, or the production of war material are
carried on within the center.
4. The guarding of cultural property mentioned in paragraph I above by armed
custodians specially empowered to do so, or the presence, in the vicinity of such
cultural property, of police forces normally responsible for the maintenance of public
order shall not be deemed to be used for military purposes.
5. If any cultural property mentioned in paragraph 1 of the present Article is situated
near an important military objective as defined in the said paragraph, it may
nevertheless be placed under special protection if the High Contracting Party asking
for that protection undertakes, in the event of armed conflict, to make no use of the
objective and particularly, in the case of a port, railway station or aerodrome, to divert
all traffic there from. In that event, such diversion shall be prepared in time of peace.
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6. Special protection is granted to cultural property by its entry in the ‘Inter-national
Register of Cultural Property under Special Protection’. This entry shall only be made,
in accordance with the provisions of the present Convention and under the conditions
provided for in the Regulations for the execution of the Convention.
Article 9 – Immunity of cultural property under special protection
The High Contracting Parties undertake to ensure the immunity of cultural property under
special protection by refraining, from the time of entry in the International Register, from
any act of hostility directed against such property and, except for the cases provided for
in paragraph 5 of Article 8, from any use of such property or its surroundings for military
purposes.
Article 10 – Identification and control
During an armed conflict, cultural property under special protection shall be marked with
the distinctive emblem described in Article 16, and shall be open to international control as
provided for in the Regulations for the execution of the Convention.
Article 11 – Withdrawal of immunity
1. If one of the High Contracting Parties commits, in respect of any item of cultural
property under special protection, a violation of the obligations under Article 9, the
opposing Party shall, so long as this violation persists, be released from the obligation
to ensure the immunity of the property concerned. Nevertheless, whenever possible,
the latter Party shall first request the cessation of such violation within a reasonable
time.
2. Apart from the case provided for in paragraph 1 of the present Article, immunity shall
be withdrawn from cultural property under special protection only in exceptional
cases of unavoidable military necessity, and only for such time as that necessity
continues. Such necessity can be established only by the officer commanding a force
the equivalent of a division in size or larger. Whenever circumstances permit, the
opposing Party shall be notified, a reasonable time in advance, of the decision to
withdraw immunity.
3. The Party withdrawing immunity shall, as soon as possible, so inform the
Commissioner-General for cultural property provided for in the Regulations for the
execution of the Convention, in writing, stating the reasons.
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Chapter III. Transport of cultural property
Article 12 – Transport under special protection
1. Transport exclusively engaged in the transfer of cultural property, whether within a
territory or to another territory, may, at the request of the High Contracting Party
concerned, take place under special protection in accordance with the conditions
specified in the Regulations for the execution of the Convention.
2. Transport under special protection shall take place under the international supervision
provided for in the aforesaid Regulations and shall display the distinctive emblem
described in Article 16.
3. The High Contracting Parties shall refrain from any act of hostility directed against
transport under special protection.
Article 13 – Transport in urgent cases
1. If a High Contracting Party considers that the safety of certain cultural property
requires its transfer and that the matter is of such urgency that the procedure laid
down in Article 12 cannot be followed, especially at the beginning of an armed
conflict, the transport may display the distinctive emblem described in Article 16,
provided that an application for immunity referred to in Article 12 has not already
been made and refused. As far as possible, notification of transfer should be made
to the opposing’ Parties. Nevertheless, transport conveying cultural property to the
territory of another country may not display the distinctive’ emblem unless immunity
has been expressly granted to it.
2. The High Contracting Parties shall take, so far as possible, the necessary precautions
to avoid acts of hostility directed against the transport described in paragraph 1 of
the present Article and displaying the distinctive emblem.
Article 14 – Immunity from seizure, capture and prize
1. Immunity from seizure, placing in prize, or capture shall be granted to:
(a) cultural property enjoying the protection provided for in Article 12 or that
provided for in Article 13;
(b) the means of transport exclusively engaged in the transfer of such cultural
property.
2. Nothing in the present Article shall limit the right of visit and search.
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Chapter IV. Personnel
Article 15 – Personnel
As far as is consistent with the interests of security, personnel engaged in the protection of
cultural property shall, in the interests of such property, be respected and, if they fall into the
hands of the opposing Party, shall be allowed to continue to carry out their duties whenever
the cultural property for which they are responsible has also fallen into the hands of the
opposing Party.
Chapter V. The distinctive emblem
Article 16 – Emblem of the convention
1. The distinctive emblem of the Convention shall take the form of a shield, pointed
below, persaltire blue and white (a shield consisting of a royal-blue square, one of the
angles of which forms the point of the shield, and of a royal-blue triangle above the
square, the space on either side being taken up by a white triangle).
2. The emblem shall be used alone, or repeated three times in a triangular formation
(one shield below), under the conditions provided for in Article 17.
Article 17 – Use of the emblem
1. The distinctive emblem repeated three times may be used only as a means of
identification of:
(a) immovable cultural property under special protection;
(b) the transport of cultural property under the conditions provided for in Articles 12
and 13;
(c) improvised refuges, under the conditions provided for in the Regulations for the
execution of the Convention.
2. The distinctive emblem may be used alone only as a means of identification of:
(a) cultural property not under special protection;
(b) the persons responsible for the duties of control in accordance with the
Regulations for the execution of the Convention;
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(c) the personnel engaged in the protection of cultural property;
(d) the identity cards mentioned in the Regulations for the execution of the
Convention.
3. During an armed conflict, the use of the distinctive emblem in any other cases
than those mentioned in the preceding paragraphs of the present Article, and the
use for any purpose whatever of a sign resembling the distinctive emblem, shall be
forbidden.
4. The distinctive emblem may not be placed on any immovable cultural property
unless at the same time there is displayed an authorization duly dated and signed by
the competent authority of the High Contracting Party.
Chapter VI. Scope of application of the Convention
Article 18 – Application of the Convention
1. Apart from the provisions which shall take effect in time of peace, the present
Convention shall apply in the event of declared war or of any other armed conflict
which may arise between two or more of the High Contracting Parties, even if the
state of war is not recognized by, one or more of them.
2. The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no armed
resistance.
3. If one of the Powers in conflict is not a Party to the present Convention, the Powers
which are Parties thereto shall nevertheless remain bound by it in their mutual
relations. They shall furthermore be bound by the Convention, in relation to the said
Power, if the latter has declared, that it accepts the provisions thereof and so long as
it applies them.
Article 19 – Conflicts not of an international character
1. In the event of an armed conflict not of an international character occurring within
the territory of one of the High Contracting Parties, each party to the conflict shall be
bound to apply, as, a minimum, the provisions of the present Convention which relate
to respect for cultural property.
2. The parties to the conflict shall endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
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3. The United Nations Educational, Scientific and Cultural Organization may offer its
services to the parties to the conflict.
4. The application of the preceding provisions shall not affect the legal status of the
parties to the conflict.
Chapter VII. Execution of the Convention
Article 20 – Regulations for the execution of the Convention
The procedure by which the present Convention is to be applied is defined in the Regulations
for its execution, which constitute an integral part thereof.
Article 21 – Protecting powers
The present Convention and the Regulations for its execution shall be applied with the cooperation
of the Protecting Powers responsible for safeguarding the interests of the Parties
to the conflict.
Article 22 – Conciliation procedure
1. The Protecting Powers shall lend their good offices in all cases where they may deem
it useful in the interests of cultural property, particularly if there is disagreement
between the Parties to the conflict as to the application or interpretation of the
provisions of the present Convention or the Regulations for its execution.
2. For this purpose, each of the Protecting Powers may, either at the invitation of one
Party, of the Director-General of the United Nations Educational, Scientific and Cultural
Organization, or on its own initiative, propose to the Parties to the conflict a meeting
of their representatives, and in particular of the authorities responsible for the
protection of cultural property, if considered appropriate on suitably chosen neutral
territory. The Parties to the conflict shall be bound to give effect to the proposals
for meeting made to them. The Protecting Powers shall propose for approval by the
Parties to the conflict a person belonging to a neutral Power or a person presented
by the Director General of the United Nations Educational, Scientific and Cultural
Organization, which person shall be invited to take part in such a meeting in the
capacity of Chairman.
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Article 23 – Assistance of UNESCO
1. The High Contracting Parties may call upon the United Nations Educational, Scientific
and Cultural Organization for technical assistance in organizing the protection of
their cultural property, or in connexion with any other problem arising out of the
application of the present Convention or the Regulations for its execution. The
Organization shall accord such assistance within the limits fixed by its programme
and by its resources.
2. The Organization is authorized to make, on its own initiative, proposals on this matter
to the High Contracting Parties.
Article 24 – Special agreements
1. The High Contracting Parties may conclude special agreements for all matters
concerning which they deem it suitable to make separate provision.
2. No special agreement may be concluded which would diminish the protection
afforded by the present Convention to cultural property and to the personnel
engaged in its protection.
Article 25 – Dissemination of the Convention
The High Contracting Parties undertake, in time of peace as in time of armed conflict, to
disseminate the text of the present Convention and the Regulations for its execution as
widely as possible in their respective countries. They undertake, in particular, to include
the study thereof in their programmes of military and, if possible, civilian training, so that
its principles are made known to the whole population, especially the armed forces and
personnel engaged in the protection of cultural property.
Article 26 – Translations reports
1. The High Contracting Parties shall communicate to one another, through the Director-
General of the United Nations Educational, Scientific and Cultural Organization, the
official translations of the present Convention and of the Regulations for its execution.
2. Furthermore, at least once every four years, they shall forward to the Director-General
a report giving whatever information they think suitable concerning any measures
being taken, prepared or contemplated by their respective administrations in
fulfillment of the present Convention and of the Regulations for its execution.
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Article 27 – Meetings
1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization may, with the approval of the Executive Board, convene meetings of
representatives of the High Contracting Parties. He must convene such a meeting if
at least one-fifth of the High Contracting Parties so request.
2. Without prejudice to any other functions which have been conferred on it by the
present Convention or the Regulations for its execution, the purpose of the meeting
will be to study problems concerning the application of the Convention and of the
Regulations for its execution, and to formulate recommendations in respect thereof.
3. The meeting may further undertake a revision of the Convention or the Regulations
for its execution if the majority of the High Contracting Parties are represented, and
in accordance with the provisions of Article 39.
Article 28 – Sanctions
The High Contracting Parties undertake to take, within the framework of their ordinary
criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary
sanctions upon those persons, of whatever nationality, who commit or order to be committed
a breach of the present Convention.
Final provisions
Article 29 – Languages
1. The present Convention is drawn up in English, French, Russian and Spanish, the four
texts being equally authoritative.
2. The United Nations Educational, Scientific and Cultural Organization shall arrange
for translations of the Convention into the other official languages of its General
Conference.
Article 30 – Signature
The present Convention shall bear the date of 14 May, 1954 and, until the date of 31
December, 1954, shall remain open for signature by all States invited to the Conference
which met at The Hague from 21 April, 1954 to 14 May, 1954.
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Article 31 – Ratification
1. The present Convention shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures.
2. The instruments of ratification shall be deposited with the Director-General of the
United Nations Educational, Scientific and Cultural Organization.
Article 32 – Accession
From the date of its entry into force, the present Convention shall be open for accession by
all States mentioned in Article 30 which have not signed it, as well as any other State invited
to accede by the Executive Board of the United Nations Educational, Scientific and Cultural
Organization. Accession shall be effected by the deposit of an instrument of accession with
the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Article 33 – Entry into force
1. The present Convention shall enter into force three months after five instruments of
ratification have been deposited.
2. Thereafter, it shall enter into force, for each High Contracting Party, three months
after the deposit of its instrument of ratification or accession.
3. The situations referred to in Articles 18 and 19 shall give immediate effect to
ratifications or accessions deposited by the Parties to the conflict either before or
after the beginning of hostilities or occupation. In such cases the Director-General
of the United Nations Educational, Scientific and Cultural Organization shall transmit
the communications referred to in Article 38 by the speediest method.
Article 34 – Effective application
1. Each State Party to the Convention on the date of its entry into force shall take all
necessary measures to ensure its effective application within a period of six months
after such entry into force.
2. This period shall be six months from the date of deposit of the instruments of
ratification or accession for any State which deposits its instrument of ratification or
accession after the date of the entry into force of the Convention.
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Article 35 – Territorial extension of the Convention
Any High Contracting Party may, at the time of ratification or accession, or at any time
thereafter, declare by notification addressed to the Director-General of the United Nations
Educational, Scientific and Cultural Organization, that the present Convention shall extend
to all or any of the territories for whose international relations it is responsible. The said
notification shall take effect three months after the date of its receipt.
Article 36 – Relation to previous conventions
1. In the relations between Powers which are bound by the Conventions of The
Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval
Bombardment in Time of War (IX), whether those of 29 July, 1899 or those of 18
October, 1907, and which are Parties to the present Convention, this last Convention
shall be supplementary to the aforementioned Convention (IX) and to the Regulations
annexed to the aforementioned Convention (IV) and shall substitute for the emblem
described in Article 5 of the aforementioned Convention (IX) the emblem described
in Article 16 of the present Convention, in cases in which the present Convention and
the Regulations for its execution provide for the use of this distinctive emblem.
2. In the relations between Powers which are bound by the Washington Pact of 15
April, 1935 for the Protection of Artistic and Scientific Institutions and of Historic
Monuments (Roerich Pact) and which are Parties to the present Convention, the
latter Convention shall be supplementary to the Roerich Pact and shall substitute
for the distinguishing flag described in Article III of the Pact the emblem defined in
Article 16 of the present Convention, in cases in which the present Convention and
the Regulations for its execution provide for the use of this distinctive emblem.
Article 37 – Denunciation
1. Each High Contracting Party may denounce the present Convention, on its own
behalf, or on behalf of any territory for whose international relations it is responsible.
2. The denunciation shall be notified by an instrument in writing, deposited with
the Director-General of the United Nations Educational, Scientific and Cultural
Organization.
3. The denunciation shall take effect one year after the receipt of the instrument
of denunciation. However, if, on the expiry of this period, the denouncing Party is
involved in an armed conflict, the denunciation shall not take effect until the end
of hostilities, or until the operations of repatriating cultural property are completed,
whichever is the later.
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Article 38 – Notifications
The Director-General of the United Nations Educational, Scientific and Cultural Organization
shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the
deposit of all the instruments of ratification, accession or acceptance provided for in Articles
31, 32 and 39 and of the notifications and denunciations provided for respectively in Articles
35, 37 and 39.
Article 39 – Revision of the Convention and of the Regulations
for its execution
1. Any High Contracting Party may propose amendments to the present Convention
or the Regulations for its execution. The text of any proposed amendment shall be
communicated to the Director-General of the United Nations Educational, Scientific
and Cultural Organization who shall transmit it to each High Contracting Party with
the request that such Party reply within four months stating whether it:
(a) desires that a Conference be convened to consider the proposed amendment;
(b) favours the acceptance of the proposed amendment without a Conference; or
(c) favours the rejection of the proposed amendment without a Conference.
2. The Director-General shall transmit the replies, received under paragraph 1 of the
present Article, to all High Contracting Parties.
3. If all the High Contracting Parties which have, within the prescribed time-limit, stated
their views to the Director-General of the United Nations Educational, Scientific and
Cultural Organization, pursuant to paragraph 1(b) of this Article, inform him that they
favour acceptance of the amendment without a Conference, notification of their
decision shall be made by the Director-General in accordance with Article 38. The
amendment shall become effective for all the High Contracting Parties on the expiry
of ninety days from the date of such notification.
4. The Director-General shall convene a Conference of the High Contracting Parties to
consider the proposed amendment if requested to do so by more than one-third of
the High Contracting Parties.
5. Amendments to the Convention or to the Regulations for its execution, dealt with
under the provisions of the preceding paragraph, shall enter into force only after they
have been unanimously adopted by the High Contracting Parties represented at the
Conference and accepted by each of the High Contracting Parties.
6. Acceptance by the High Contracting Parties of amendments to, the Convention or
to the Regulations for its execution, which have been adopted by the Conference
mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal
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instrument with the Director-General of the United Nations Educational, Scientific
and Cultural Organization.
7. After the entry into force of amendments to the present Convention or to the
Regulations for its execution, only the text of the Convention or of the Regulations for
its execution thus amended shall remain open for ratification or accession.
Article 40 – Registration
In accordance with Article 102 of the Charter of the United Nations, the present Convention
shall be registered with the Secretariat of the United Nations at the request of the Director-
General of the United Nations Educational, Scientific and Cultural Organization.
In faith whereof the undersigned, duly authorized, have signed the present Convention.
Done at The Hague, this fourteenth day of May, 1954, in a single copy which shall be deposited
in the archives of the United Nations Educational, Scientific and Cultural Organization, and
certified true copies of which shall be delivered to all the States referred to in Articles 30
and 32 as well as to the United Nations.
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Regulations for the Execution of the
Convention for the Protection of Cultural
Property in the Event of Armed Conflict
Chapter I. Control
Article 1 – International list of persons
On the entry into force of the Convention, the Director-General of the United Nations
Educational, Scientific and Cultural Organization shall compile an international list consisting
of all persons nominated by the High Contracting Parties as qualified to carry out the
functions of Commissioner-General for Cultural Property. On the initiative of the Director-
General of the United Nations Educational, Scientific and Cultural Organization, this list shall
be periodically revised on the basis of requests formulated by the High Contracting Parties.
Article 2 – Organization of control
As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of
the Convention applies:
(a) It shall appoint a representative for cultural property situated in its territory; if it is in
occupation of another territory, it shall appoint a special representative for cultural
property situated in that territory;
(b) The Protecting Power acting for each of the Parties in conflict with such High
Contracting Party shall appoint delegates accredited to the latter in conformity with
Article 3 below;
(c) A Commissioner-General for Cultural Property shall be appointed to such High
Contracting Party in accordance with Article 4.
Article 3 – Appointment of delegates of Protecting Powers
The Protecting Power shall appoint its delegates from among the members of its diplomatic
or consular staff or, with the approval of the Party to which they will be accredited, from
among other persons.
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Article 4 – Appointment of Commissioner-General
1. The Commissioner-General for Cultural Property shall be chosen from the international
list of persons by joint agreement between the Party to which he will be accredited
and the Protecting Powers acting on behalf of the opposing Parties.
2. Should the Parties fail to reach agreement within three weeks from the beginning of
their discussions on this point, they shall request the President of the International
Court of Justice to appoint the Commissioner-General, who shall not take up his
duties until the Party to which he is accredited has approved his appointment.
Article 5 – Functions of delegates
The delegates of the Protecting Powers shall take note of violations of the Convention,
investigate, with the approval of the Party to which they are accredited, the circumstances
in which they have occurred, make representations locally to secure their cessation and, if
necessary, notify the Commissioner-General of such violations. They shall keep him informed
of their activities.
Article 6 – Functions of the Commissioner-General
1. The Commissioner-General for Cultural Property shall deal with all matters referred
to him in connexion with the application of the Convention, in conjunction with
the representative of the Party to which he is accredited and with the delegates
concerned.
2. He shall have powers of decision and appointment in the cases specified in the
present Regulations.
3. With the agreement of the Party to which he is accredited, he shall have the right to
order an investigation or to, conduct it himself.
4. He shall make any representations to the Parties to the conflict or to their Protecting
Powers which he deems useful for the application of the Convention.
5. He shall draw up such reports as may be necessary on the application of the Convention
and communicate them to the Parties concerned and to their Protecting Powers. He
shall send copies to the Director-General of the United Nations Educational, Scientific
and Cultural Organization, who may make use only of their technical contents.
6. If there is no Protecting Power, the Commissioner-General shall exercise the functions
of the Protecting Power as laid down in Articles 21 and 22 of the Convention.
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Article 7 – Inspectors and experts
1. Whenever the Commissioner-General for Cultural Property considers it necessary,
either at the request of the delegates concerned or after consultation with them, he
shall propose, for the approval of the Party to which he is accredited, an inspector
of cultural property to be charged with a specific mission. An inspector shall be
responsible only to the Commissioner-General.
2. The Commissioner-General, delegates and inspectors may have recourse to the
services of experts, who will also be proposed for the approval of the Party mentioned
in the preceding paragraph.
Article 8 – Discharge of the mission of control
The Commissioners-General for Cultural Property, delegates of the Protecting Powers,
inspectors and experts shall in no case exceed their mandates. In particular, they shall take
account of the security needs of the High Contracting Party to which they are accredited and
shall in all circumstances act in accordance with the requirements of the military situation as
communicated to them by that High Contracting Party.
Article 9 – Substitutes for Protecting Powers
If a Party to the conflict does not benefit or ceases to benefit from the activities of a
Protecting Power, a neutral State may be asked to undertake those functions of a Protecting
Power which concern the appointment of a Commissioner-General for Cultural Property in
accordance with the procedure laid down in Article 4 above. The Commissioner-General thus
appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting
Powers as specified in the present Regulations.
Article 10 – Expenses
The remuneration and expenses of the Commissioner-General for Cultural Property,
inspectors and experts shall be met by the Party to which they are accredited. Remuneration
and expenses of delegates of the Protecting Powers shall be subject to agreement between
those Powers and the States whose interests they are safeguarding.
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Chapter II. Special protection
Article 11 – Improvised refuges
1. If, during an armed conflict, any High Contracting Party is induced by unforeseen
circumstances to set up an improvised refuge and desires that it should be placed
under special protection, it shall communicate this fact forthwith to the Commissioner-
General accredited to that Party.
2. If the Commissioner-General considers that such a measure is justified by the
circumstances and by the importance of the cultural property sheltered in’ this
improvised refuge, he may authorize the High Contracting Party to display on such
refuge the distinctive emblem defined in Article 16 of the Convention. He shall
communicate his decision without delay to the delegates of the Protecting Powers
who are concerned, each of whom may, within a time limit of 30 days, order the
immediate withdrawal of the emblem.
3. As soon as such delegates have signified their agreement or if the time limit of 30 days
has passed without any of the delegates concerned having made an objection, and if,
in the view of the Commissioner-General, the refuge fulfils the conditions laid down
in Article 8 of the Convention, the Commissioner-General shall request the Director-
General of the United Nations Educational, Scientific and Cultural Organization to
enter the refuge in the Register of Cultural Property under Special Protection.
Article 12 – International Register of Cultural Property under
Special Protection
1. An `International Register of Cultural Property under Special Protection’ shall be
prepared.
2. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall maintain this Register. He shall furnish copies to the Secretary-
General of the United Nations and to the High Contracting Parties.
3. The Register shall be divided into sections, each in the name of a High Contracting
Party. Each section shall be subdivided into three paragraphs, headed: Refuges,
Centers containing Monuments, Other Immovable Cultural Property. The Director-
General shall determine what details each section shall contain.
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Article 13 – Requests for registration
1. Any High Contracting Party may submit to the Director-General of the United Nations
Educational, Scientific and Cultural Organization an application for the entry in the
Register of certain refuges, centers containing monuments or other immovable
cultural property situated within its territory. Such application shall contain a
description of the location of such property and shall certify that the property
complies with the provisions of Article 8 of the Convention.
2. In the event of occupation, the Occupying Power shall be competent to make such
application.
3. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall, without delay, send copies of applications for registration to each
of the High Contracting Parties.
Article 14 – Objections
1. Any High Contracting Party may, by letter addressed to the Director-General of the
United Nations Educational, Scientific and Cultural Organization, lodge an objection
to the registration of cultural property. This letter must be received by him within four
months of the day on which he sent a copy of the application for registration.
2. Such objection shall state the reasons giving rise to it, the only, valid grounds being
that:
(a) the property is not cultural property;
(b) the property does not comply with the conditions mentioned in Article 8 of the
Convention.
3. The Director-General shall send a copy of the letter of objection to the High Contracting
Parties without delay. He shall, if necessary, seek the advice of the International
Committee on Monuments, Artistic and Historical Sites and Archaeological
Excavations and also, if he thinks fit, of any other competent organization or person.
4. The Director-General, or the High Contracting Party requesting registration, may
make whatever representations they deem necessary to the High Contracting Parties
which lodged the objection, with a view to causing the objection to ‘be withdrawn.
5. If a High Contracting Party which has made an application for registration in time of
peace becomes involved in an armed conflict before the entry has been made, the
cultural property concerned shall at once be provisionally entered in the Register, by
the Director-General, pending the confirmation, withdrawal or cancellation of any
objection that may be, or may have been, made.
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6. If, within a period of six months from the date of receipt of the letter of objection,
the Director-General has not received from the High Contracting Party lodging the
objection a communication stating that it has been withdrawn, the High Contracting
Party applying for registration may request arbitration in accordance with the
procedure in the following paragraph.
7. The request for arbitration shall not be made more than one year after the date of
receipt by the Director-General of the letter of objection. Each of the two Parties to the
dispute shall appoint an arbitrator. When more than one objection has been lodged
against an application for registration, the High Contracting Parties which have
lodged the ‘objections shall, by common consent, appoint a single arbitrator. These
two arbitrators shall select a chief arbitrator from the international list mentioned
in Article 1 of the present Regulations. If such arbitrators cannot agree upon their
choice, they shall ask the President of the International Court of Justice to appoint a
chief arbitrator who need not necessarily be chosen from the international list. The
arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal
from its decisions.
8. Each of the High Contracting Parties may declare, whenever a dispute to which it
is a Party arises, that it does not wish to apply the arbitration procedure provided
for in the preceding paragraph. In such cases, the objection to an application for
registration shall be submitted by the Director-General to the High Contracting
Parties. The objection will be confirmed only if the High Contracting Parties so decide
by a two-third majority of the High Contracting Parties voting. The vote shall be taken
by correspondence, unless the Directory-General of the United Nations Educational,
Scientific and Cultural Organization deems it essential to convene a meeting under
the powers conferred upon him by Article 27 of the Convention. If the Director-
General decides to proceed with the vote by correspondence, he shall invite the High
Contracting Parties to transmit their votes by sealed letter within six months from the
day on which they were invited to do so.
Article 15 – Registration
1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall cause to be entered in the Register, under a serial number, each
item of property for which application for registration is made, provided that he has
not received an objection within the time-limit prescribed in paragraph 1 of Article 14.
2. If an objection has been lodged, and without prejudice to the provision of paragraph
5 of Article 14, the Director-General shall enter property in the Register only if the
objection has been withdrawn or has failed to be confirmed following the procedures
laid down in either paragraph 7 or paragraph 8 of Article 14.
3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property
in the Register if so requested by the Commissioner-General for Cultural Property.
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4. The Director-General shall send without delay to the Secretary-General of the United
Nations, to the High Contracting Parties, and, at the request of the Party applying for
registration, to all other States referred to in Articles 30 and 32 of the Convention, a
certified copy of each entry in the Register. Entries shall become effective thirty days
after dispatch of such copies.
Article 16 – Cancellation
1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall cause the registration of any property to be cancelled:
(a) at the request of the High Contracting Party within whose territory the cultural
property is situated;
(b) if the High Contracting Party which requested registration has denounced the
Convention, and when that denunciation has taken effect;
(c) in the special case provided for in Article 14, paragraph 5, when an objection has
been confirmed following the procedures mentioned either in paragraph 7 or in
paragraph 8 or Article 14.
2. The Director-General shall send without delay, to the Secretary-General of the United
Nations and to all States which received a copy of the entry in the Register, a certified
copy of its cancellation. Cancellation shall take effect thirty days after the dispatch of
such copies.
Chapter III. Transport of cultural property
Article 17 – Procedure to obtain immunity
1. The request mentioned in paragraph I of Article 12 of the Convention shall be
addressed to the Commissioner-General for Cultural Property. It shall mention the
reasons on which it is based and specify the approximate number and the importance
of the objects to be transferred, their present location, the location now envisaged,
the means of transport to be used, the route to be followed, the date proposed for the
transfer, and any other relevant information.
2. If the Commissioner-General, after taking such opinions as he deems fit, considers
that such transfer is justified, he shall consult those delegates of the Protecting
Powers who are concerned, on the measures proposed for carrying it out. Following
such consultation, he shall notify the Parties to the conflict concerned of the transfer,
including in such notification all useful information.
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3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy
themselves that only the property stated in the request is to be transferred and that
the transport is to be by the approved methods and bears the distinctive emblem.
The inspector or inspectors shall accompany the property to its destination.
Article 18 – Transport abroad
Where the transfer under special protection is to the territory of another country, it shall
be governed not only by Article 12 of the Convention and by Article 17 of the present
Regulations, but by the following further provisions:
(a) while the cultural property remains on the territory of another State, that State
shall be its depositary and shall extend to it as great a measure of care as that
which it bestows upon its own cultural property of comparable importance;
(b) the depositary State shall return the property only on the cessation of the
conflict; such return shall be effected within six months from the date on which
it was requested;
(c) during the various transfer operations, and while it remains on the territory of
another State, the cultural property shall be exempt from confiscation and may
not be disposed of either by the depositor or by the depositary. Nevertheless,
when the safety of the property requires it, the depositary may, with the assent
of the depositor, have the property transported to the territory of a third country,
under the conditions laid down in the present article;
(d) the request for special protection shall indicate that the State to whose territory
the property is to be transferred accepts the provisions of the present Article.
Article 19 – Occupied territory
Whenever a High Contracting Party occupying territory of another High Contracting Party
transfers cultural property to a refuge situated elsewhere in that territory, without being
able to follow the procedure provided for in Article 17 of the Regulations, the transfer in
question shall not be regarded as misappropriation within the meaning of Article 4 of
the Convention, provided that the Commissioner-General for Cultural Property certifies
in writing, after having consulted the usual custodians, that such transfer was rendered
necessary by circumstances.
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The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two (1954 and 1999) Protocols – Basic Texts
Chapter IV. The distinctive emblem
Article 20 – Affixing of the emblem
1. The placing of the distinctive emblem and its degree of visibility shall be left to the
discretion of the competent authorities of each High Contracting Party. It may be
displayed on flags or armlets; it may be painted on an object or represented in any
other appropriate form.
2. However, without prejudice to any possible fuller markings, the emblem shall,
in the event of armed conflict and in the cases mentioned in Articles 12 and 13 of
the Convention, be placed on the vehicles of transport so as to be clearly visible in
daylight from the air as well as from the ground. The emblem shall be visible from the
ground:
(a) at regular intervals sufficient to indicate clearly the perimeter of a centre
containing monuments under special protection;
(b) at the entrance to other immovable cultural property under special protection.
Article 21 – Identification of persons
1. The persons mentioned in Article 17, paragraph 2(b) and (c) of the Convention may
wear an armlet bearing the distinctive emblem, issued and stamped by the competent
authorities.
2. Such persons shall carry a special identity card bearing the distinctive emblem. This
card shall mention at least the surname and first names, the date of birth, the title or
rank, and the function of the holder. The card shall bear the photograph of the holder
as well as his signature or his fingerprints, or both. It shall bear the embossed stamp
of the competent authorities.
3. Each High Contracting Party shall make out its own type of identity card,, guided
by the model annexed, by way of example, to the present Regulations. The’ High
Contracting Parties shall transmit to each other a specimen of the model they are
using. Identity cards shall be made out, if possible, at least in duplicate, one copy
being kept by the issuing Power.
4. The said persons may not, without legitimate reason, be deprived of their identity
card or of the right to wear the armlet.
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Protocol to the Convention for the Protection of Cultural Property in the Event of Armed conflict
Protocol to the Convention
for the Protection of Cultural Property
in the Event of Armed Conflict
The High Contracting Parties are agreed as follows :
I.
1. Each High Contracting Party undertakes to prevent the exportation, from a territory
occupied by it during an armed conflict, of cultural property as defined in Article I of
the Convention for the Protection of Cultural Property in the Event of Armed Conflict,
signed at The Hague on 14 May, 1954.
2. Each High Contracting Party undertakes to take into its custody cultural property
imported into its territory either directly or indirectly from any occupied territory. This
shall either be effected automatically upon the importation of the property or, failing
this, at the request of the authorities of that territory.
3. Each High Contracting Party undertakes to return, at the close of hostilities, to the
competent authorities of the territory previously occupied, cultural property which is
in its territory, if such property has been exported in contravention of the principle laid
down in the first paragraph. Such property shall never be retained as war reparations.
4. The High Contracting Party whose obligation it was to prevent the exportation of
cultural property from the territory occupied by it, shall pay an indemnity to the
holders in good faith of any cultural property which has to be returned in accordance
with the preceding paragraph.
II
5. Cultural property coming from the territory of a High Contracting Party and deposited
by it in the territory of another High Contracting Party for the purpose of protecting
such property against the dangers of an armed conflict, shall be returned by the latter,
at the end of hostilities, to the competent authorities of the territory from which it
came.
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The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two (1954 and 1999) Protocols – Basic Texts
III
6. The present Protocol shall bear the date of 14 May, 1954 and, until the date of
31 December, 1954, shall remain open for signature by all States invited to the
Conference which met at The Hague from 21 April, 1954 to 14 May, 1954.
7. (a) The present Protocol shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures.
(b) The instruments of ratification shall be deposited with the Director General of
the United Nations Educational, Scientific and Cultural Organization.
8. From the date of its entry into force, the present Protocol shall be open for accession
by all States mentioned in paragraph 6 which have not signed it as well as any other
State invited to accede by the Executive Board of the United Nations Educational,
Scientific and Cultural Organization. Accession shall be effected by the deposit of an
instrument of accession with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
9. The States referred to in paragraphs 6 and 8 may declare, at the time of signature,
ratification or accession, that they will not be bound by the provisions of Section I or
by those of Section II of the present Protocol.
10. (a) The present Protocol shall enter into force three months after five instruments
of ratification have been deposited.
(b) Thereafter, it shall enter into force, for each High Contracting Party, three months
after the deposit of its instrument of ratification or accession.
(c) The situations referred to in Articles 18 and 19 of the Convention for the
Protection of Cultural Property in the Event of Armed Conflict, signed at
The Hague on 14 May, 1954, shall give immediate effect to ratifications and
accessions deposited by the Parties to the conflict either before or after the
beginning of hostilities or occupation. In such cases, the Director-General of the
United Nations Educational, Scientific and Cultural Organization shall transmit
the communications’ referred to in paragraph 14 by the speediest method.
11. (a) Each State Party to the Protocol on the date of its entry into force shall take
all necessary measures to ensure its effective application within a period of six
months after such entry into force.
(b) This period shall be six months from the date of deposit of the instruments of
ratification or accession for any State which deposits its instrument of ratification
or accession after the date of the entry into force of the Protocol.
12. Any High Contracting Party may, at the time of ratification or accession, or at any
time thereafter, declare by notification addressed to the Director General of the
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Protocol to the Convention for the Protection of Cultural Property in the Event of Armed conflict
United Nations Educational, Scientific and Cultural Organization, that the present
Protocol shall extend to all or any of the territories for whose international relations
it is responsible. The said notification shall take effect three months after the date of
its receipt.
13. (a) Each High Contracting Party may denounce the present Protocol, on its own
behalf, or on behalf of any territory for whose international relations it is
responsible.
(b) The denunciation shall be notified by an instrument in writing, deposited with
the Director-General of the United Nations Educational, Scientific and Cultural
Organization.
(c) The denunciation shall take effect one year after receipt of the instrument of
denunciation. However, if, on the expiry of this period, the denouncing Party
is involved in an armed conflict, the denunciation shall not take effect until the
end of hostilities, or until the operations of repatriating cultural property are
completed, whichever is the later.
14. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall inform the States referred to in paragraphs 6 and 8, as well as
the United Nations, of the deposit of all the instruments of ratification, accession
or acceptance provided for in paragraphs 7, 8 and 15 and the notifications and
denunciations provided for respectively in paragraphs 12 and 13.
15. (a) The present Protocol may be revised if revision is requested by more than onethird
of the High Contracting Parties.
(b) The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall convene a Conference for this purpose.
(c) Amendments to the present Protocol shall enter into force only after they have
been unanimously adopted by the High Contracting Parties represented at the
Conference and accepted by each of the High Contracting Parties.
(d) Acceptance by the High Contracting Parties of amendments to the present
Protocol, which have been adopted by the Conference mentioned in subparagraphs
(b) and (c), shall be effected by the deposit of a formal instrument
with the Director-General of the United Nations Educational, Scientific and
Cultural Organization.
(e) After the entry into force of amendments to the present Protocol, only the text of
the said Protocol thus amended shall remain open for ratification or accession.
In accordance with Article 102 of the Charter of the United Nations, the present Protocol
shall be registered with the Secretariat of the United Nations at the request of the Director-
General of the United Nations Educational, Scientific and Cultural Organization.
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The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two (1954 and 1999) Protocols – Basic Texts
In faith whereof the undersigned, duly authorized, have signed the present Protocol.
Done at The Hague, this fourteenth day of May, 1954, in English, French, Russian and
Spanish, the four texts being equally authoritative, in a single copy which shall be deposited
in the archives of the United Nations Educational, Scientific and Cultural Organization, and
certified true copies of which shall be delivered to all the States referred to in paragraphs 6
and 8 as well as to the United Nations.
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International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A
(XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying civil and political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as
his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal
respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights recognized
in the present Covenant,
Agree upon the following articles:
PART I
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Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in conformity with the provisions of the Charter of
the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the
present Covenant undertakes to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt such laws or other measures as
may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
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(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have
an effective remedy, notwithstanding that the violation has been committed by persons acting in an
official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all civil and political rights set forth in the present Covenant.
Article 4
1 . In time of public emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take measures derogating from
their obligations under the present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this
provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately
inform the other States Parties to the present Covenant, through the intermediary of the Secretary-
General of the United Nations, of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the same intermediary, on
the date on which it terminates such derogation.
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Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person
any right to engage in any activity or perform any act aimed at the destruction of any of the rights
and freedoms recognized herein or at their limitation to a greater extent than is provided for in the
present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to law, conventions,
regulations or custom on the pretext that the present Covenant does not recognize such rights or
that it recognizes them to a lesser extent.
PART III
Article 6
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall
be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present Covenant and to the Convention on the
Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant
to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this
article shall authorize any State Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the Prevention and Punishment of the
Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.
Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
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5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of
age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment
by any State Party to the present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his free consent to medical or scientific
experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour
may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a
sentence to such punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is
under detention in consequence of a lawful order of a court, or of a person during conditional
release from such detention;
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(ii) Any service of a military character and, in countries where conscientious objection is recognized,
any national service required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the
community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and
shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be
detained in custody, but release may be subject to guarantees to appear for trial, at any other stage
of the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings
before a court, in order that that court may decide without delay on the lawfulness of his detention
and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to
compensation.
Article 10
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1. All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons
and shall be subject to separate treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for
adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be
their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be
accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article
12
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty
of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order (ordre public), public health
or morals or the rights and freedoms of others, and are consistent with the other rights recognized in
the present Covenant.
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4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom
only in pursuance of a decision reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit the reasons against his
expulsion and to have his case reviewed by, and be represented for the purpose before, the
competent authority or a person or persons especially designated by the competent authority.
Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal
charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial tribunal established by law. The press
and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre
public) or national security in a democratic society, or when the interest of the private lives of the
parties so requires, or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice; but any judgement rendered
in a criminal case or in a suit at law shall be made public except where the interest of juvenile
persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of
children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until
proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which
he understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defence and to communicate with
counsel of his own choosing;
(c) To be tried without undue delay;
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(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own
choosing; to be informed, if he does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the language used
in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their age and
the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right
to his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently
his conviction has been reversed or he has been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has been a miscarriage of justice, the person who has
suffered punishment as a result of such conviction shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again for an offence for which he has already been
finally convicted or acquitted in accordance with the law and penal procedure of each country.
Article 15
1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not
constitute a criminal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
when the criminal offence was committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
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2. Nothing in this article shall prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the general principles
of law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually
or in community with others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion
or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others.
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4. The States Parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to ensure the religious and moral education of their children in
conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties
and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as
are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or
morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.
Article 21
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The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of
this right other than those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety, public order (ordre public),
the protection of public health or morals or the protection of the rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form and
join trade unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed
by law and which are necessary in a democratic society in the interests of national security or public
safety, public order (ordre public), the protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on
members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or to apply the law in such a manner as to
prejudice, the guarantees provided for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.
2. The right of men and women of marriageable age to marry and to found a family shall be
recognized.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
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4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and
responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of
dissolution, provision shall be made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and the State.
2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in
article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the
electors;
(c) To have access, on general terms of equality, to public service in his country.
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all
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persons equal and effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or other
status.
Article 27
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to
enjoy their own culture, to profess and practise their own religion, or to use their own language.
PART IV
Article 28
1. There shall be established a Human Rights Committee (hereafter referred to in the present
Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions
hereinafter provided.
2. The Committee shall be composed of nationals of the States Parties to the present Covenant who
shall be persons of high moral character and recognized competence in the field of human rights,
consideration being given to the usefulness of the participation of some persons having legal
experience.
3. The members of the Committee shall be elected and shall serve in their personal capacity.
Article 29
1. The members of the Committee shall be elected by secret ballot from a list of persons possessing
the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the
present Covenant.
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2. Each State Party to the present Covenant may nominate not more than two persons. These
persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six months after the date of the entry into force of
the present Covenant.
2. At least four months before the date of each election to the Committee, other than an election to
fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations
shall address a written invitation to the States Parties to the present Covenant to submit their
nominations for membership of the Committee within three months.
3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the States Parties which have nominated them, and
shall submit it to the States Parties to the present Covenant no later than one month before the date
of each election.
4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the
present Covenant convened by the Secretary General of the United Nations at the Headquarters of
the United Nations. At that meeting, for which two thirds of the States Parties to the present
Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees
who obtain the largest number of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
Article 31
1. The Committee may not include more than one national of the same State.
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2. In the election of the Committee, consideration shall be given to equitable geographical
distribution of membership and to the representation of the different forms of civilization and of the
principal legal systems.
Article 32
1. The members of the Committee shall be elected for a term of four years. They shall be eligible for
re-election if renominated. However, the terms of nine of the members elected at the first election
shall expire at the end of two years; immediately after the first election, the names of these nine
members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph
4. 2. Elections at the expiry of office shall be held in accordance with the preceding articles of this
part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to
carry out his functions for any cause other than absence of a temporary character, the Chairman of
the Committee shall notify the Secretary-General of the United Nations, who shall then declare the
seat of that member to be vacant.
2. In the event of the death or the resignation of a member of the Committee, the Chairman shall
immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant
from the date of death or the date on which the resignation takes effect.
Article 34
1. When a vacancy is declared in accordance with article 33 and if the term of office of the member
to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-
General of the United Nations shall notify each of the States Parties to the present Covenant, which
may within two months submit nominations in accordance with article 29 for the purpose of filling
the vacancy.
2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the
persons thus nominated and shall submit it to the States Parties to the present Covenant. The
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election to fill the vacancy shall then take place in accordance with the relevant provisions of this
part of the present Covenant.
3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall
hold office for the remainder of the term of the member who vacated the seat on the Committee
under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the General Assembly of the United
Nations, receive emoluments from United Nations resources on such terms and conditions as the
General Assembly may decide, having regard to the importance of the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the
effective performance of the functions of the Committee under the present Covenant.
Article 37
1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at
the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of
procedure.
3. The Committee shall normally meet at the Headquarters of the United Nations or at the United
Nations Office at Geneva.
Article 38
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Every member of the Committee shall, before taking up his duties, make a solemn declaration in
open committee that he will perform his functions impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of two years. They may be re-elected.
2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia,
that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members present.
Article 40
1. The States Parties to the present Covenant undertake to submit reports on the measures they
have adopted which give effect to the rights recognized herein and on the progress made in the
enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the
States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit
them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any,
affecting the implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit
to the specialized agencies concerned copies of such parts of the reports as may fall within their field
of competence.
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4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It
shall transmit its reports, and such general comments as it may consider appropriate, to the States
Parties. The Committee may also transmit to the Economic and Social Council these comments along
with the copies of the reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the Committee observations on any
comments that may be made in accordance with paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time declare under this article that it recognizes
the competence of the Committee to receive and consider communications to the effect that a State
Party claims that another State Party is not fulfilling its obligations under the present Covenant.
Communications under this article may be received and considered only if submitted by a State Party
which has made a declaration recognizing in regard to itself the competence of the Committee. No
communication shall be received by the Committee if it concerns a State Party which has not made
such a declaration. Communications received under this article shall be dealt with in accordance with
the following procedure:
(a) If a State Party to the present Covenant considers that another State Party is not giving effect to
the provisions of the present Covenant, it may, by written communication, bring the matter to the
attention of that State Party. Within three months after the receipt of the communication the
receiving State shall afford the State which sent the communication an explanation, or any other
statement in writing clarifying the matter which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months
after the receipt by the receiving State of the initial communication, either State shall have the right
to refer the matter to the Committee, by notice given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available
domestic remedies have been invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule where the application of the
remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when examining communications under this article;
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(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices
to the States Parties concerned with a view to a friendly solution of the matter on the basis of
respect for human rights and fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred
to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered in the Committee and to make submissions orally
and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its
report to a brief statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its
report to a brief statement of the facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the report. In every matter, the report
shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten States Parties to the present Covenant
have made declarations under paragraph I of this article. Such declarations shall be deposited by the
States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-
General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject
of a communication already transmitted under this article; no further communication by any State
Party shall be received after the notification of withdrawal of the declaration has been received by
the Secretary-General, unless the State Party concerned has made a new declaration.
Article 42
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1.
(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the
satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States
Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made available to the States Parties
concerned with a view to an amicable solution of the matter on the basis of respect for the present
Covenant;
(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the
States Parties concerned fail to reach agreement within three months on all or part of the
composition of the Commission, the members of the Commission concerning whom no agreement
has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee
from among its members.
2. The members of the Commission shall serve in their personal capacity. They shall not be nationals
of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party
which has not made a declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules of procedure.
4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations
or at the United Nations Office at Geneva. However, they may be held at such other convenient
places as the Commission may determine in consultation with the Secretary-General of the United
Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service the commissions
appointed under this article.
6. The information received and collated by the Committee shall be made available to the
Commission and the Commission may call upon the States Parties concerned to supply any other
relevant information.
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7. When the Commission has fully considered the matter, but in any event not later than twelve
months after having been seized of the matter, it shall submit to the Chairman of the Committee a
report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its consideration of the matter within twelve months, it
shall confine its report to a brief statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the
present Covenant is reached, the Commission shall confine its report to a brief statement of the facts
and of the solution reached;
(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall
embody its findings on all questions of fact relevant to the issues between the States Parties
concerned, and its views on the possibilities of an amicable solution of the matter. This report shall
also contain the written submissions and a record of the oral submissions made by the States Parties
concerned;
(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned
shall, within three months of the receipt of the report, notify the Chairman of the Committee
whether or not they accept the contents of the report of the Commission.
8. The provisions of this article are without prejudice to the responsibilities of the Committee under
article 41.
9. The States Parties concerned shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the United
Nations.
10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the
members of the Commission, if necessary, before reimbursement by the States Parties concerned, in
accordance with paragraph 9 of this article.
Article 43
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The members of the Committee, and of the ad hoc conciliation commissions which may be appointed
under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for
the United Nations as laid down in the relevant sections of the Convention on the Privileges and
Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall apply without prejudice to the
procedures prescribed in the field of human rights by or under the constituent instruments and the
conventions of the United Nations and of the specialized agencies and shall not prevent the States
Parties to the present Covenant from having recourse to other procedures for settling a dispute in
accordance with general or special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United Nations, through the Economic
and Social Council, an annual report on its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the
United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard
to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources.
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PART VI
Article 48
1. The present Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of the International Court
of Justice, and by any other State which has been invited by the General Assembly of the United
Nations to become a Party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed this
Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of
accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force
three months after the date of the deposit of its own instrument of ratification or instrument of
accession.
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Article 50
The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General of the United Nations shall
thereupon communicate any proposed amendments to the States Parties to the present Covenant
with a request that they notify him whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that at least one third of the
States Parties favours such a conference, the Secretary-General shall convene the conference under
the auspices of the United Nations. Any amendment adopted by a majority of the States Parties
present and voting at the conference shall be submitted to the General Assembly of the United
Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant
in accordance with their respective constitutional processes. 3. When amendments come into force,
they shall be binding on those States Parties which have accepted them, other States Parties still
being bound by the provisions of the present Covenant and any earlier amendment which they have
accepted.
Article 52
1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following
particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article 49 and the date of the
entry into force of any amendments under article 51.
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Article 53
1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present
Covenant to all States referred to in article 48.
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International Covenant on Economic, Social and Cultural Rights
Adopted and opened for signature, ratification and accession by General Assembly
resolution 2200A (XXI)
of 16 December 1966
entry into force 3 January 1976, in accordance with article 27
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political
rights,
Considering the obligation of States under the Charter of the United Nations to promote universal
respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in
the present Covenant,
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with the provisions of the Charter of the
United Nations.
PART II
Article 2
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1. Each State Party to the present Covenant undertakes to take steps, individually and through
international assistance and co-operation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization of the rights recognized
in the present Covenant by all appropriate means, including particularly the adoption of legislative
measures.
2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the
present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
3. Developing countries, with due regard to human rights and their national economy, may determine
to what extent they would guarantee the economic rights recognized in the present Covenant to nonnationals.
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men and women to
the enjoyment of all economic, social and cultural rights set forth in the present Covenant.
Article 4
The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided
by the State in conformity with the present Covenant, the State may subject such rights only to such
limitations as are determined by law only in so far as this may be compatible with the nature of these
rights and solely for the purpose of promoting the general welfare in a democratic society.
Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights or
freedoms recognized herein, or at their limitation to a greater extent than is provided for in the
present Covenant.
2. No restriction upon or derogation from any of the fundamental human rights recognized or existing
in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext
that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
PART III
Article 6
1. The States Parties to the present Covenant recognize the right to work, which includes the right of
everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this
right shall include technical and vocational guidance and training programmes, policies and techniques
to achieve steady economic, social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just
and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
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3
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in
particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal
pay for equal work;
(ii) A decent living for themselves and their families in accordance with the provisions of the present
Covenant;
(b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his
employment to an appropriate higher level, subject to no considerations other than those of seniority
and competence;
(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as
remuneration for public holidays
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to
the rules of the organization concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right other than those prescribed by law
and which are necessary in a democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;
(b) The right of trade unions to establish national federations or confederations and the right of the
latter to form or join international trade-union organizations;
(c) The right of trade unions to function freely subject to no limitations other than those prescribed by
law and which are necessary in a democratic society in the interests of national security or public order
or for the protection of the rights and freedoms of others;
(d) The right to strike, provided that it is exercised in conformity with the laws of the particular
country.
2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces or of the police or of the administration of the State. 3. Nothing in this
article shall authorize States Parties to the International Labour Organisation Convention of 1948
concerning Freedom of Association and Protection of the Right to Organize to take legislative measures
which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided
for in that Convention.
Article 9
The States Parties to the present Covenant recognize the right of everyone to social security, including
social insurance.
Article 10
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded to the family, which is the natural
and fundamental group unit of society, particularly for its establishment and while it is responsible for
the care and education of dependent children. Marriage must be entered into with the free consent of
the intending spouses.
2. Special protection should be accorded to mothers during a reasonable period before and after
childbirth. During such period working mothers should be accorded paid leave or leave with adequate
social security benefits.
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3. Special measures of protection and assistance should be taken on behalf of all children and young
persons without any discrimination for reasons of parentage or other conditions. Children and young
persons should be protected from economic and social exploitation. Their employment in work harmful
to their morals or health or dangerous to life or likely to hamper their normal development should be
punishable by law. States should also set age limits below which the paid employment of child labour
should be prohibited and punishable by law.
Article 11
1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard
of living for himself and his family, including adequate food, clothing and housing, and to the
continuous improvement of living conditions. The States Parties will take appropriate steps to ensure
the realization of this right, recognizing to this effect the essential importance of international cooperation
based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be
free from hunger, shall take, individually and through international co-operation, the measures,
including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food by making full use of
technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by
developing or reforming agrarian systems in such a way as to achieve the most efficient development
and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure
an equitable distribution of world food supplies in relation to need.
Article 12
1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy
development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in the
event of sickness.
Article 13
1. The States Parties to the present Covenant recognize the right of everyone to education. They agree
that education shall be directed to the full development of the human personality and the sense of its
dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further
agree that education shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and
further the activities of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:
(a) Primary education shall be compulsory and available free to all;
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(b) Secondary education in its different forms, including technical and vocational secondary education,
shall be made generally available and accessible to all by every appropriate means, and in particular
by the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every
appropriate means, and in particular by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who
have not received or completed the whole period of their primary education;
(e) The development of a system of schools at all levels shall be actively pursued, an adequate
fellowship system shall be established, and the material conditions of teaching staff shall be
continuously improved.
3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and,
when applicable, legal guardians to choose for their children schools, other than those established by
the public authorities, which conform to such minimum educational standards as may be laid down or
approved by the State and to ensure the religious and moral education of their children in conformity
with their own convictions.
4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies
to establish and direct educational institutions, subject always to the observance of the principles set
forth in paragraph I of this article and to the requirement that the education given in such institutions
shall conform to such minimum standards as may be laid down by the State.
Article 14
Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to
secure in its metropolitan territory or other territories under its jurisdiction compulsory primary
education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of
action for the progressive implementation, within a reasonable number of years, to be fixed in the
plan, of the principle of compulsory education free of charge for all.
Article 15
1. The States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.
2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for the conservation, the development and the diffusion of
science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity.
4. The States Parties to the present Covenant recognize the benefits to be derived from the
encouragement and development of international contacts and co-operation in the scientific and
cultural fields.
PART IV
Article 16
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1. The States Parties to the present Covenant undertake to submit in conformity with this part of the
Covenant reports on the measures which they have adopted and the progress made in achieving the
observance of the rights recognized herein.
2.
(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit
copies to the Economic and Social Council for consideration in accordance with the provisions of the
present Covenant;
(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies
of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are
also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any
matters which fall within the responsibilities of the said agencies in accordance with their constitutional
instruments.
Article 17
1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a
programme to be established by the Economic and Social Council within one year of the entry into
force of the present Covenant after consultation with the States Parties and the specialized agencies
concerned.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under
the present Covenant.
3. Where relevant information has previously been furnished to the United Nations or to any
specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce
that information, but a precise reference to the information so furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and
fundamental freedoms, the Economic and Social Council may make arrangements with the specialized
agencies in respect of their reporting to it on the progress made in achieving the observance of the
provisions of the present Covenant falling within the scope of their activities. These reports may
include particulars of decisions and recommendations on such implementation adopted by their
competent organs.
Article 19
The Economic and Social Council may transmit to the Commission on Human Rights for study and
general recommendation or, as appropriate, for information the reports concerning human rights
submitted by States in accordance with articles 16 and 17, and those concerning human rights
submitted by the specialized agencies in accordance with article 18.
Article 20
The States Parties to the present Covenant and the specialized agencies concerned may submit
comments to the Economic and Social Council on any general recommendation under article 19 or
reference to such general recommendation in any report of the Commission on Human Rights or any
documentation referred to therein.
Article 21
The Economic and Social Council may submit from time to time to the General Assembly reports with
recommendations of a general nature and a summary of the information received from the States
Parties to the present Covenant and the specialized agencies on the measures taken and the progress
made in achieving general observance of the rights recognized in the present Covenant.
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Article 22
The Economic and Social Council may bring to the attention of other organs of the United Nations,
their subsidiary organs and specialized agencies concerned with furnishing technical assistance any
matters arising out of the reports referred to in this part of the present Covenant which may assist
such bodies in deciding, each within its field of competence, on the advisability of international
measures likely to contribute to the effective progressive implementation of the present Covenant.
Article 23
The States Parties to the present Covenant agree that international action for the achievement of the
rights recognized in the present Covenant includes such methods as the conclusion of conventions, the
adoption of recommendations, the furnishing of technical assistance and the holding of regional
meetings and technical meetings for the purpose of consultation and study organized in conjunction
with the Governments concerned.
Article 24
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the
United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Covenant.
Article 25
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources.
PART V
Article 26
1. The present Covenant is open for signature by any State Member of the United Nations or member
of any of its specialized agencies, by any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the General Assembly of the United Nations
to become a party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
of the United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed the present
Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 27
1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of
accession.
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2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force three
months after the date of the deposit of its own instrument of ratification or instrument of accession.
Article 28
The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.
Article 29
1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-
General of the United Nations. The Secretary-General shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the purpose of considering and voting upon the
proposals. In the event that at least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of the States Parties present and voting at the conference shall be
submitted to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in
accordance with their respective constitutional processes.
3. When amendments come into force they shall be binding on those States Parties which have
accepted them, other States Parties still being bound by the provisions of the present Covenant and
any earlier amendment which they have accepted.
Article 30
Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following
particulars:
(a) Signatures, ratifications and accessions under article 26;
(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry
into force of any amendments under article 29.
Article 31
1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant
to all States referred to in article 26.
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International Convention on the Elimination of All Forms of Racial Discrimination
Adopted and opened for signature and ratification by General Assembly resolution 2106
(XX) of 21 December 1965
entry into force 4 January 1969, in accordance with Article 19
The States Parties to this Convention,
Considering that the Charter of the United Nations is based on the principles of the dignity and equality
inherent in all human beings, and that all Member States have pledged themselves to take joint and
separate action, in co-operation with the Organization, for the achievement of one of the purposes of
the United Nations which is to promote and encourage universal respect for and observance of human
rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights proclaims that all human beings are born
free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out
therein, without distinction of any kind, in particular as to race, colour or national origin,
Considering that all human beings are equal before the law and are entitled to equal protection of the
law against any discrimination and against any incitement to discrimination,
Considering that the United Nations has condemned colonialism and all practices of segregation and
discrimination associated therewith, in whatever form and wherever they exist, and that the
Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960
(General Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the necessity of
bringing them to a speedy and unconditional end,
Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination
of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly affirms the necessity of
speedily eliminating racial discrimination throughout the world in all its forms and manifestations and
of securing understanding of and respect for the dignity of the human person,
Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally
condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination,
in theory or in practice, anywhere,
Reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin
is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and
security among peoples and the harmony of persons living side by side even within one and the same
State,
Convinced that the existence of racial barriers is repugnant to the ideals of any human society,
Alarmed by manifestations of racial discrimination still in evidence in some areas of the world and by
governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation
or separation,
Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms
and manifestations, and to prevent and combat racist doctrines and practices in order to promote
understanding between races and to build an international community free from all forms of racial
segregation and racial discrimination,
Bearing in mind the Convention concerning Discrimination in respect of Employment and Occupation
adopted by the International Labour Organisation in 1958, and the Convention against Discrimination
in Education adopted by the United Nations Educational, Scientific and Cultural Organization in 1960,
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Desiring to implement the principles embodied in the United Nations Declaration on the Elimination of
Al l Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that
end,
Have agreed as follows:
PART I
Article 1
1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction
or preference based on race, colour, descent, or national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or any other field of public
life.
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a
State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States
Parties concerning nationality, citizenship or naturalization, provided that such provisions do not
discriminate against any particular nationality.
4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or
ethnic groups or individuals requiring such protection as may be necessary in order to ensure such
groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not
be deemed racial discrimination, provided, however, that such measures do not, as a consequence,
lead to the maintenance of separate rights for different racial groups and that they shall not be
continued after the objectives for which they were taken have been achieved.
Article 2
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and
without delay a policy of eliminating racial discrimination in all its forms and promoting understanding
among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of
racial discrimination against persons, groups of persons or institutions and to en sure that all public
authorities and public institutions, national and local, shall act in conformity with this obligation; (b)
Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or
organizations;
(c) Each State Party shall take effective measures to review governmental, national and local policies,
and to amend, rescind or nullify any laws and regulations which have the effect of creating or
perpetuating racial discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation
as required by circumstances, racial discrimination by any persons, group or organization;
(e) Each State Party undertakes to encourage, where appropriate, integrationist multiracial
organizations and movements and other means of eliminating barriers between races, and to
discourage anything which tends to strengthen racial division.
2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and
other fields, special and concrete measures to ensure the adequate development and protection of
certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full
and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case en
tail as a con sequence the maintenance of unequal or separate rights for different racial groups after
the objectives for which they were taken have been achieved.
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Article 3
States Parties particularly condemn racial segregation and apartheid and undertake to prevent,
prohibit and eradicate all practices of this nature in territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations which are based on ideas or theories of
superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or
promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with
due regard to the principles embodied in the Universal Declaration of Human Rights and the rights
expressly set forth in article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or
hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts
against any race or group of persons of another colour or ethnic origin, and also the provision of any
assistance to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda
activities, which promote and incite racial discrimination, and shall recognize participation in such
organizations or activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial
discrimination.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties
undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of
everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals and all other organs administering justice;
(b) The right to security of person and protection by the State against violence or bodily harm,
whether inflicted by government officials or by any individual group or institution;
(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on
the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of
public affairs at any level and to have equal access to public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within the border of the State;
(ii) The right to leave any country, including one's own, and to return to one's country;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as in association with others;
(vi) The right to inherit;
(vii) The right to freedom of thought, conscience and religion;
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(viii) The right to freedom of opinion and expression;
(ix) The right to freedom of peaceful assembly and association;
(e) Economic, social and cultural rights, in particular:
(i) The rights to work, to free choice of employment, to just and favourable conditions of work, to
protection against unemployment, to equal pay for equal work, to just and favourable remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public health, medical care, social security and social services;
(v) The right to education and training;
(vi) The right to equal participation in cultural activities;
(f) The right of access to any place or service intended for use by the general public, such as transport
hotels, restaurants, cafes, theatres and parks.
Article 6
States Parties shall assure to everyone within their jurisdiction effective protection and remedies,
through the competent national tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental freedoms contrary to this Convention,
as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any
damage suffered as a result of such discrimination.
Article 7
States Parties undertake to adopt immediate and effective measures, particularly in the fields of
teaching, education, culture and information, with a view to combating prejudices which lead to racial
discrimination and to promoting understanding, tolerance and friendship among nations and racial or
ethnical groups, as well as to propagating the purposes and principles of the Charter of the United
Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination
of All Forms of Racial Discrimination, and this Convention.
PART II
Article 8
1. There shall be established a Committee on the Elimination of Racial Discrimination (hereinafter
referred to as the Committee) consisting of eighteen experts of high moral standing and acknowledged
impartiality elected by States Parties from among their nationals, who shall serve in their personal
capacity, consideration being given to equitable geographical distribution and to the representation of
the different forms of civilization as well as of the principal legal systems. 2. The members of the
Committee shall be elected by secret ballot from a list of persons nominated by the States Parties.
Each State Party may nominate one person from among its own nationals.
3. The initial election shall be held six months after the date of the entry into force of this Convention.
At least three months before the date of each election the Secretary-General of the United Nations
shall address a letter to the States Parties inviting them to submit their nominations within two
months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated,
indicating the States Parties which have nominated them, and shall submit it to the States Parties.
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4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by
the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the
States Parties shall constitute a quorum, the persons elected to the Committee shall be nominees who
obtain the largest number of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.
5.
(a) The members of the Committee shall be elected for a term of four years. However, the terms of
nine of the members elected at the first election shall expire at the end of two years; immediately after
the first election the names of these nine members shall be chosen by lot by the Chairman of the
Committee;
(b) For the filling of casual vacancies, the State Party whose expert has ceased to function as a
member of the Committee shall appoint another expert from among its nationals, subject to the
approval of the Committee.
6. States Parties shall be responsible for the expenses of the members of the Committee while they
are in performance of Committee duties.
Article 9
1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration
by the Committee, a report on the legislative, judicial, administrative or other measures which they
have adopted and which give effect to the provisions of this Convention: (a) within one year after the
entry into force of the Convention for the State concerned; and
(b) thereafter every two years and whenever the Committee so requests. The Committee may request
further information from the States Parties.
2. The Committee shall report annually, through the Secretary General, to the General Assembly of the
United Nations on its activities and may make suggestions and general recommendations based on the
examination of the reports and information received from the States Parties. Such suggestions and
general recommendations shall be reported to the General Assembly together with comments, if any,
from States Parties.
Article 10
1. The Committee shall adopt its own rules of procedure. 2. The Committee shall elect its officers for a
term of two years.
3. The secretariat of the Committee shall be provided by the Secretary General of the United Nations.
4. The meetings of the Committee shall normally be held at United Nations Headquarters.
Article 11
1. If a State Party considers that another State Party is not giving effect to the provisions of this
Convention, it may bring the matter to the attention of the Committee. The Committee shall then
transmit the communication to the State Party concerned. Within three months, the receiving State
shall submit to the Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State. 2. If the matter is not adjusted to the
satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them,
within six months after the receipt by the receiving State of the initial communication, either State
shall have the right to refer the matter again to the Committee by notifying the Committee and also
the other State.
3. The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this article
after it has ascertained that all available domestic remedies have been invoked and exhausted in the
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case, in conformity with the generally recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably prolonged.
4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply
any other relevant information.
5. When any matter arising out of this article is being considered by the Committee, the States Parties
concerned shall be entitled to send a representative to take part in the proceedings of the Committee,
without voting rights, while the matter is under consideration.
Article 12
1. (a) After the Committee has obtained and collated all the information it deems necessary, the
Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission)
comprising five persons who may or may not be members of the Committee. The members of the
Commission shall be appointed with the unanimous consent of the parties to the dispute, and its good
offices shall be made available to the States concerned with a view to an amicable solution of the
matter on the basis of respect for this Convention; (b) If the States parties to the dispute fail to reach
agreement within three months on all or part of the composition of the Commission, the members of
the Commission not agreed upon by the States parties to the dispute shall be elected by secret ballot
by a two-thirds majority vote of the Committee from among its own members.
2. The members of the Commission shall serve in their personal capacity. They shall not be nationals
of the States parties to the dispute or of a State not Party to this Convention. 3. The Commission shall
elect its own Chairman and adopt its own rules of procedure.
4. The meetings of the Commission shall normally be held at United Nations Headquarters or at any
other convenient place as determined by the Commission.
5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also
service the Commission whenever a dispute among States Parties brings the Commission into being.
6. The States parties to the dispute shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the United
Nations.
7. The Secretary-General shall be empowered to pay the expenses of the members of the Commission,
if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph
6 of this article.
8. The information obtained and collated by the Committee shall be made available to the Commission,
and the Commission may call upon the States concerned to supply any other relevant information.
Article 13
1. When the Commission has fully considered the matter, it shall prepare and submit to the Chairman
of the Committee a report embodying its findings on all questions of fact relevant to the issue between
the parties and containing such recommendations as it may think proper for the amicable solution of
the dispute. 2. The Chairman of the Committee shall communicate the report of the Commission to
each of the States parties to the dispute. These States shall, within three months, inform the Chairman
of the Committee whether or not they accept the recommendations contained in the report of the
Commission.
3. After the period provided for in paragraph 2 of this article, the Chairman of the Committee shall
communicate the report of the Commission and the declarations of the States Parties concerned to the
other States Parties to this Convention.
Article 14
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1. A State Party may at any time declare that it recognizes the competence of the Committee to
receive and consider communications from individuals or groups of individuals within its jurisdiction
claiming to be victims of a violation by that State Party of any of the rights set forth in this Convention.
No communication shall be received by the Committee if it concerns a State Party which has not made
such a declaration. 2. Any State Party which makes a declaration as provided for in paragraph I of this
article may establish or indicate a body within its national legal order which shall be competent to
receive and consider petitions from individuals and groups of individuals within its jurisdiction who
claim to be victims of a violation of any of the rights set forth in this Convention and who have
exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this article and the name of any body
established or indicated in accordance with paragraph 2 of this article shall be deposited by the State
Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-
General, but such a withdrawal shall not affect communications pending before the Committee.
4. A register of petitions shall be kept by the body established or indicated in accordance with
paragraph 2 of this article, and certified copies of the register shall be filed annually through
appropriate channels with the Secretary-General on the understanding that the contents shall not be
publicly disclosed.
5. In the event of failure to obtain satisfaction from the body established or indicated in accordance
with paragraph 2 of this article, the petitioner shall have the right to communicate the matter to the
Committee within six months.
6.
(a) The Committee shall confidentially bring any communication referred to it to the attention of the
State Party alleged to be violating any provision of this Convention, but the identity of the individual or
groups of individuals concerned shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications;
(b) Within three months, the receiving State shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that may have been taken by that State.
7.
(a) The Committee shall consider communications in the light of all information made available to it by
the State Party concerned and by the petitioner. The Committee shall not consider any communication
from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic
remedies. However, this shall not be the rule where the application of the remedies is unreasonably
prolonged;
(b) The Committee shall forward its suggestions and recommendations, if any, to the State Party
concerned and to the petitioner.
8. The Committee shall include in its annual report a summary of such communications and, where
appropriate, a summary of the explanations and statements of the States Parties concerned and of its
own suggestions and recommendations. 9. The Committee shall be competent to exercise the
functions provided for in this article only when at least ten States Parties to this Convention are bound
by declarations in accordance with paragraph I of this article.
Article 15
1 . Pending the achievement of the objectives of the Declaration on the Granting of Independence to
Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December
1960, the provisions of this Convention shall in no way limit the right of petition granted to these
peoples by other international instruments or by the United Nations and its specialized agencies. 2.
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(a) The Committee established under article 8, paragraph 1, of this Convention shall receive copies of
the petitions from, and submit expressions of opinion and recommendations on these petitions to, the
bodies of the United Nations which deal with matters directly related to the principles and objectives of
this Convention in their consideration of petitions from the inhabitants of Trust and Non-Self-Governing
Territories and all other territories to which General Assembly resolution 1514 (XV) applies, relating to
matters covered by this Convention which are before these bodies;
(b) The Committee shall receive from the competent bodies of the United Nations copies of the reports
concerning the legislative, judicial, administrative or other measures directly related to the principles
and objectives of this Convention applied by the administering Powers within the Territories mentioned
in subparagraph (a) of this paragraph, and shall express opinions and make recommendations to these
bodies.
3. The Committee shall include in its report to the General Assembly a summary of the petitions and
reports it has received from United Nations bodies, and the expressions of opinion and
recommendations of the Committee relating to the said petitions and reports. 4. The Committee shall
request from the Secretary-General of the United Nations all information relevant to the objectives of
this Convention and available to him regarding the Territories mentioned in paragraph 2 (a) of this
article.
Article 16
The provisions of this Convention concerning the settlement of disputes or complaints shall be applied
without prejudice to other procedures for settling disputes or complaints in the field of discrimination
laid down in the constituent instruments of, or conventions adopted by, the United Nations and its
specialized agencies, and shall not prevent the States Parties from having recourse to other procedures
for settling a dispute in accordance with general or special international agreements in force between
them.
PART III
Article 17
1. This Convention is open for signature by any State Member of the United Nations or member of any
of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and
by any other State which has been invited by the General Assembly of the United Nations to become a
Party to this Convention. 2. This Convention is subject to ratification. Instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
Article 18
1. This Convention shall be open to accession by any State referred to in article 17, paragraph 1, of
the Convention. 2. Accession shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 19
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the
Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument
of accession. 2. For each State ratifying this Convention or acceding to it after the deposit of the
twenty-seventh instrument of ratification or instrument of accession, the Convention shall enter into
force on the thirtieth day after the date of the deposit of its own instrument of ratification or
instrument of accession.
Article 20
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1. The Secretary-General of the United Nations shall receive and circulate to all States which are or
may become Parties to this Convention reservations made by States at the time of ratification or
accession. Any State which objects to the reservation shall, within a period of ninety days from the
date of the said communication, notify the Secretary-General that it does not accept it. 2. A
reservation incompatible with the object and purpose of this Convention shall not be permitted, nor
shall a reservation the effect of which would inhibit the operation of any of the bodies established by
this Convention be allowed. A reservation shall be considered incompatible or inhibitive if at least two
thirds of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-
General. Such notification shall take effect on the date on which it is received.
Article 21
A State Party may denounce this Convention by written notification to the Secretary-General of the
United Nations. Denunciation shall take effect one year after the date of receipt of the notification by
the Secretary General.
Article 22
Any dispute between two or more States Parties with respect to the interpretation or application of this
Convention, which is not settled by negotiation or by the procedures expressly provided for in this
Convention, shall, at the request of any of the parties to the dispute, be referred to the International
Court of Justice for decision, unless the disputants agree to another mode of settlement.
Article 23
1. A request for the revision of this Convention may be made at any time by any State Party by means
of a notification in writing addressed to the Secretary-General of the United Nations. 2. The General
Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a
request.
Article 24
The Secretary-General of the United Nations shall inform all States referred to in article 17, paragraph
1, of this Convention of the following particulars:
(a) Signatures, ratifications and accessions under articles 17 and 18;
(b) The date of entry into force of this Convention under article 19;
(c) Communications and declarations received under articles 14, 20 and 23;
(d) Denunciations under article 21.
Article 25
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the
United Nations shall transmit certified copies of this Convention to all States belonging to any of the
categories mentioned in article 17, paragraph 1, of the Convention.
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UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANISATION
CONVENTION CONCERNING THE
PROTECTION OF THE WORLD CULTURAL
AND NATURAL HERITAGE
Adopted by the General Conference at its seventeenth session
Paris, 16 november 1972
English Text
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CONVENTION CONCERNING THE PROTECTION
OF THE WORLD CULTURAL AND NATURAL HERITAGE
The General Conference of the United Nations Educational, Scientific and Cultural
Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth
session,
Noting that the cultural heritage and the natural heritage are increasingly threatened with
destruction not only by the traditional causes of decay, but also by changing social and
economic conditions which aggravate the situation with even more formidable phenomena of
damage or destruction,
Considering that deterioration or disappearance of any item of the cultural or natural heritage
constitutes a harmful impoverishment of the heritage of all the nations of the world,
Considering that protection of this heritage at the national level often remains incomplete
because of the scale of the resources which it requires and of the insufficient economic,
scientific, and technological resources of the country where the property to be protected is
situated,
Recalling that the Constitution of the Organization provides that it will maintain, increase,
and diffuse knowledge by assuring the conservation and protection of the world's heritage,
and recommending to the nations concerned the necessary international conventions,
Considering that the existing international conventions, recommendations and resolutions
concerning cultural and natural property demonstrate the importance, for all the peoples of
the world, of safeguarding this unique and irreplaceable property, to whatever people it may
belong,
Considering that parts of the cultural or natural heritage are of outstanding interest and
therefore need to be preserved as part of the world heritage of mankind as a whole,
Considering that, in view of the magnitude and gravity of the new dangers threatening them,
it is incumbent on the international community as a whole to participate in the protection of
the cultural and natural heritage of outstanding universal value, by the granting of collective
assistance which, although not taking the place of action by the State concerned, will serve as
an efficient complement thereto,
Considering that it is essential for this purpose to adopt new provisions in the form of a
convention establishing an effective system of collective protection of the cultural and
natural heritage of outstanding universal value, organized on a permanent basis and in
accordance with modern scientific methods,
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Having decided, at its sixteenth session, that this question should be made the subject of an
international convention,
Adopts this sixteenth day of November 1972 this Convention.
I. DEFINITION OF THE CULTURAL AND NATURAL HERITAGE
Article 1
For the purpose of this Convention, the following shall be considered as "cultural heritage":
monuments: architectural works, works of monumental sculpture and painting,
elements or structures of an archaeological nature, inscriptions, cave dwellings and
combinations of features, which are of outstanding universal value from the point of
view of history, art or science;
groups of buildings: groups of separate or connected buildings which, because of
their architecture, their homogeneity or their place in the landscape, are of
outstanding universal value from the point of view of history, art or science;
sites: works of man or the combined works of nature and man, and areas including
archaeological sites which are of outstanding universal value from the historical,
aesthetic, ethnological or anthropological point of view.
Article 2
For the purposes of this Convention, the following shall be considered as "natural heritage":
natural features consisting of physical and biological formations or groups of such
formations, which are of outstanding universal value from the aesthetic or scientific
point of view;
geological and physiographical formations and precisely delineated areas which
constitute the habitat of threatened species of animals and plants of outstanding
universal value from the point of view of science or conservation;
natural sites or precisely delineated natural areas of outstanding universal value from
the point of view of science, conservation or natural beauty.
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Article 3
It is for each State Party to this Convention to identify and delineate the different properties
situated on its territory mentioned in Articles 1 and 2 above.
II. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION OF THE
CULTURAL AND NATURAL HERITAGE
Article 4
Each State Party to this Convention recognizes that the duty of ensuring the identification,
protection, conservation, presentation and transmission to future generations of the cultural
and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs
primarily to that State. It will do all it can to this end, to the utmost of its own resources and,
where appropriate, with any international assistance and co-operation, in particular, financial,
artistic, scientific and technical, which it may be able to obtain.
Article 5
To ensure that effective and active measures are taken for the protection, conservation and
presentation of the cultural and natural heritage situated on its territory, each State Party to
this Convention shall endeavor, in so far as possible, and as appropriate for each country:
(a) to adopt a general policy which aims to give the cultural and natural heritage a
function in the life of the community and to integrate the protection of that heritage
into comprehensive planning programmes;
(b) to set up within its territories, where such services do not exist, one or more services
for the protection, conservation and presentation of the cultural and natural heritage
with an appropriate staff and possessing the means to discharge their functions;
(c) to develop scientific and technical studies and research and to work out such
operating methods as will make the State capable of counteracting the dangers that
threaten its cultural or natural heritage;
(d) to take the appropriate legal, scientific, technical, administrative and financial
measures necessary for the identification, protection, conservation, presentation and
rehabilitation of this heritage; and
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(e) to foster the establishment or development of national or regional centres for
training in the protection, conservation and presentation of the cultural and natural
heritage and to encourage scientific research in this field.
Article 6
1. Whilst fully respecting the sovereignty of the States on whose territory the cultural
and natural heritage mentioned in Articles 1 and 2 is situated, and without prejudice
to property right provided by national legislation, the States Parties to this
Convention recognize that such heritage constitutes a world heritage for whose
protection it is the duty of the international community as a whole to co-operate.
2. The States Parties undertake, in accordance with the provisions of this Convention, to
give their help in the identification, protection, conservation and presentation of the
cultural and natural heritage referred to in paragraphs 2 and 4 of Article 11 if the
States on whose territory it is situated so request.
3. Each State Party to this Convention undertakes not to take any deliberate measures
which might damage directly or indirectly the cultural and natural heritage referred to
in Articles 1 and 2 situated on the territory of other States Parties to this Convention.
Article 7
For the purpose of this Convention, international protection of the world cultural and natural
heritage shall be understood to mean the establishment of a system of international cooperation
and assistance designed to support States Parties to the Convention in their efforts
to conserve and identify that heritage.
III INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION OF THE
WORLD CULTURAL AND NATURAL HERITAGE
Article 8
1. An Intergovernmental Committee for the Protection of the Cultural and Natural
Heritage of Outstanding Universal Value, called "the World Heritage Committee", is
hereby established within the United Nations Educational, Scientific and Cultural
Organization. It shall be composed of 15 States Parties to the Convention, elected by
States Parties to the Convention meeting in general assembly during the ordinary
session of the General Conference of the United Nations Educational, Scientific and
Cultural Organization. The number of States members of the Committee shall be
increased to 21 as from the date of the ordinary session of the General Conference
following the entry into force of this Convention for at least 40 States.
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2. Election of members of the Committee shall ensure an equitable representation of the
different regions and cultures of the world.
3. A representative of the International Centre for the Study of the Preservation and
Restoration of Cultural Property (Rome Centre), a representative of the International
Council of Monuments and Sites (ICOMOS) and a representative of the International
Union for Conservation of Nature and Natural Resources (IUCN), to whom may be
added, at the request of States Parties to the Convention meeting in general assembly
during the ordinary sessions of the General Conference of the United Nations
Educational, Scientific and Cultural Organization, representatives of other
intergovernmental or non-governmental organizations, with similar objectives, may
attend the meetings of the Committee in an advisory capacity.
Article 9
1. The term of office of States members of the World Heritage Committee shall extend
from the end of the ordinary session of the General Conference during which they are
elected until the end of its third subsequent ordinary session.
2. The term of office of one-third of the members designated at the time of the first
election shall, however, cease at the end of the first ordinary session of the General
Conference following that at which they were elected; and the term of office of a
further third of the members designated at the same time shall cease at the end of the
second ordinary session of the General Conference following that at which they were
elected. The names of these members shall be chosen by lot by the President of the
General Conference of the United Nations Educational, Scientific and Cultural
Organization after the first election.
3. States members of the Committee shall choose as their representatives persons
qualified in the field of the cultural or natural heritage.
Article 10
1. The World Heritage Committee shall adopt its Rules of Procedure.
2. The Committee may at any time invite public or private organizations or individuals
to participate in its meetings for consultation on particular problems.
3. The Committee may create such consultative bodies as it deems necessary for the
performance of its functions.
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Article 11
1. Every State Party to this Convention shall, in so far as possible, submit to the World
Heritage Committee an inventory of property forming part of the cultural and natural
heritage, situated in its territory and suitable for inclusion in the list provided for in
paragraph 2 of this Article. This inventory, which shall not be considered exhaustive,
shall include documentation about the location of the property in question and its
significance.
2. On the basis of the inventories submitted by States in accordance with paragraph 1,
the Committee shall establish, keep up to date and publish, under the title of "World
Heritage List," a list of properties forming part of the cultural heritage and natural
heritage, as defined in Articles 1 and 2 of this Convention, which it considers as
having outstanding universal value in terms of such criteria as it shall have
established. An updated list shall be distributed at least every two years.
3. The inclusion of a property in the World Heritage List requires the consent of the
State concerned. The inclusion of a property situated in a territory, sovereignty or
jurisdiction over which is claimed by more than one State shall in no way prejudice
the rights of the parties to the dispute.
4. The Committee shall establish, keep up to date and publish, whenever circumstances
shall so require, under the title of "list of World Heritage in Danger", a list of the
property appearing in the World Heritage List for the conservation of which major
operations are necessary and for which assistance has been requested under this
Convention. This list shall contain an estimate of the cost of such operations. The list
may include only such property forming part of the cultural and natural heritage as is
threatened by serious and specific dangers, such as the threat of disappearance caused
by accelerated deterioration, large-scale public or private projects or rapid urban or
tourist development projects; destruction caused by changes in the use or ownership
of the land; major alterations due to unknown causes; abandonment for any reason
whatsoever; the outbreak or the threat of an armed conflict; calamities and
cataclysms; serious fires, earthquakes, landslides; volcanic eruptions; changes in
water level, floods and tidal waves. The Committee may at any time, in case of urgent
need, make a new entry in the List of World Heritage in Danger and publicize such
entry immediately.
5. The Committee shall define the criteria on the basis of which a property belonging to
the cultural or natural heritage may be included in either of the lists mentioned in
paragraphs 2 and 4 of this article.
6. Before refusing a request for inclusion in one of the two lists mentioned in paragraphs
2 and 4 of this article, the Committee shall consult the State Party in whose territory
the cultural or natural property in question is situated.
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7. The Committee shall, with the agreement of the States concerned, co-ordinate and
encourage the studies and research needed for the drawing up of the lists referred to
in paragraphs 2 and 4 of this article.
Article 12
The fact that a property belonging to the cultural or natural heritage has not been included in
either of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be
construed to mean that it does not have an outstanding universal value for purposes other
than those resulting from inclusion in these lists.
Article 13
1. The World Heritage Committee shall receive and study requests for international
assistance formulated by States Parties to this Convention with respect to property
forming part of the cultural or natural heritage, situated in their territories, and
included or potentially suitable for inclusion in the lists mentioned referred to in
paragraphs 2 and 4 of Article 11. The purpose of such requests may be to secure the
protection, conservation, presentation or rehabilitation of such property.
2. Requests for international assistance under paragraph 1 of this article may also be
concerned with identification of cultural or natural property defined in Articles 1 and
2, when preliminary investigations have shown that further inquiries would be
justified.
3. The Committee shall decide on the action to be taken with regard to these requests,
determine where appropriate, the nature and extent of its assistance, and authorize the
conclusion, on its behalf, of the necessary arrangements with the government
concerned.
4. The Committee shall determine an order of priorities for its operations. It shall in so
doing bear in mind the respective importance for the world cultural and natural
heritage of the property requiring protection, the need to give international assistance
to the property most representative of a natural environment or of the genius and the
history of the peoples of the world, the urgency of the work to be done, the resources
available to the States on whose territory the threatened property is situated and in
particular the extent to which they are able to safeguard such property by their own
means.
5. The Committee shall draw up, keep up to date and publicize a list of property for
which international assistance has been granted.
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6. The Committee shall decide on the use of the resources of the Fund established under
Article 15 of this Convention. It shall seek ways of increasing these resources and
shall take all useful steps to this end.
7. The Committee shall co-operate with international and national governmental and
non-governmental organizations having objectives similar to those of this
Convention. For the implementation of its programmes and projects, the Committee
may call on such organizations, particularly the International Centre for the Study of
the Preservation and Restoration of Cultural Property (the Rome Centre), the
International Council of Monuments and Sites (ICOMOS) and the International
Union for Conservation of Nature and Natural Resources (IUCN), as well as on
public and private bodies and individuals.
8. Decisions of the Committee shall be taken by a majority of two-thirds of its members
present and voting. A majority of the members of the Committee shall constitute a
quorum.
Article 14
1. The World Heritage Committee shall be assisted by a Secretariat appointed by the
Director-General of the United Nations Educational, Scientific and Cultural
Organization.
2. The Director-General of the United Nations Educational, Scientific and Cultural
Organization, utilizing to the fullest extent possible the services of the International
Centre for the Study of the Preservation and the Restoration of Cultural Property (the
Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the
International Union for Conservation of Nature and Natural Resources (IUCN) in
their respective areas of competence and capability, shall prepare the Committee's
documentation and the agenda of its meetings and shall have the responsibility for the
implementation of its decisions.
IV FUND FOR THE PROTECTION OF THE WORLD CULTURAL AND
NATURAL HERITAGE
Article 15
1. A Fund for the Protection of the World Cultural and Natural Heritage of Outstanding
Universal Value, called "the World Heritage Fund", is hereby established.
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2. The Fund shall constitute a trust fund, in conformity with the provisions of the
Financial Regulations of the United Nations Educational, Scientific and Cultural
Organization.
3. The resources of the Fund shall consist of:
(a) compulsory and voluntary contributions made by States Parties to this
Convention,
(b) Contributions, gifts or bequests which may be made by:
(i) other States;
(ii) the United Nations Educational, Scientific and Cultural Organization,
other organizations of the United Nations system, particularly the United
Nations Development Programme or other intergovernmental organizations;
(iii) public or private bodies or individuals;
(c) any interest due on the resources of the Fund;
(d) funds raised by collections and receipts from events organized for the benefit of
the fund; and
(e) all other resources authorized by the Fund's regulations, as drawn up by the World
Heritage Committee.
4. Contributions to the Fund and other forms of assistance made available to the
Committee may be used only for such purposes as the Committee shall define. The
Committee may accept contributions to be used only for a certain programme or
project, provided that the Committee shall have decided on the implementation of
such programme or project. No political conditions may be attached to contributions
made to the Fund.
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Article 16
1. Without prejudice to any supplementary voluntary contribution, the States Parties to
this Convention undertake to pay regularly, every two years, to the World Heritage
Fund, contributions, the amount of which, in the form of a uniform percentage
applicable to all States, shall be determined by the General Assembly of States Parties
to the Convention, meeting during the sessions of the General Conference of the
United Nations Educational, Scientific and Cultural Organization. This decision of
the General Assembly requires the majority of the States Parties present and voting,
which have not made the declaration referred to in paragraph 2 of this Article. In no
case shall the compulsory contribution of States Parties to the Convention exceed 1%
of the contribution to the regular budget of the United Nations Educational, Scientific
and Cultural Organization.
2. However, each State referred to in Article 31 or in Article 32 of this Convention may
declare, at the time of the deposit of its instrument of ratification, acceptance or
accession, that it shall not be bound by the provisions of paragraph 1 of this Article.
3. A State Party to the Convention which has made the declaration referred to in
paragraph 2 of this Article may at any time withdraw the said declaration by notifying
the Director-General of the United Nations Educational, Scientific and Cultural
Organization. However, the withdrawal of the declaration shall not take effect in
regard to the compulsory contribution due by the State until the date of the
subsequent General Assembly of States parties to the Convention.
4. In order that the Committee may be able to plan its operations effectively, the
contributions of States Parties to this Convention which have made the declaration
referred to in paragraph 2 of this Article, shall be paid on a regular basis, at least
every two years, and should not be less than the contributions which they should have
paid if they had been bound by the provisions of paragraph 1 of this Article.
5. Any State Party to the Convention which is in arrears with the payment of its
compulsory or voluntary contribution for the current year and the calendar year
immediately preceding it shall not be eligible as a Member of the World Heritage
Committee, although this provision shall not apply to the first election.
The terms of office of any such State which is already a member of the Committee
shall terminate at the time of the elections provided for in Article 8, paragraph 1 of
this Convention.
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Article 17
The States Parties to this Convention shall consider or encourage the establishment of
national public and private foundations or associations whose purpose is to invite donations
for the protection of the cultural and natural heritage as defined in Articles 1 and 2 of this
Convention.
Article 18
The States Parties to this Convention shall give their assistance to international fund-raising
campaigns organized for the World Heritage Fund under the auspices of the United Nations
Educational, Scientific and Cultural Organization. They shall facilitate collections made by
the bodies mentioned in paragraph 3 of Article 15 for this purpose.
V. CONDITIONS AND ARRANGEMENTS FOR INTERNATIONAL
ASSISTANCE
Article 19
Any State Party to this Convention may request international assistance for property forming
part of the cultural or natural heritage of outstanding universal value situated within its
territory. It shall submit with its request such information and documentation provided for in
Article 21 as it has in its possession and as will enable the Committee to come to a decision.
Article 20
Subject to the provisions of paragraph 2 of Article 13, sub-paragraph (c) of Article 22 and
Article 23, international assistance provided for by this Convention may be granted only to
property forming part of the cultural and natural heritage which the World Heritage
Committee has decided, or may decide, to enter in one of the lists mentioned in paragraphs 2
and 4 of Article 11.
Article 21
1. The World Heritage Committee shall define the procedure by which requests to it for
international assistance shall be considered and shall specify the content of the
request, which should define the operation contemplated, the work that is necessary,
the expected cost thereof, the degree of urgency and the reasons why the resources of
the State requesting assistance do not allow it to meet all the expenses. Such requests
must be supported by experts' reports whenever possible.
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2. Requests based upon disasters or natural calamities should, by reasons of the urgent
work which they may involve, be given immediate, priority consideration by the
Committee, which should have a reserve fund at its disposal against such
contingencies.
3. Before coming to a decision, the Committee shall carry out such studies and
consultations as it deems necessary.
Article 22
Assistance granted by the World Heritage Fund may take the following forms:
(a) studies concerning the artistic, scientific and technical problems raised by the
protection, conservation, presentation and rehabilitation of the cultural and natural
heritage, as defined in paragraphs 2 and 4 of Article 11 of this Convention;
(b) provisions of experts, technicians and skilled labour to ensure that the approved work
is correctly carried out;
(c) training of staff and specialists at all levels in the field of identification, protection,
conservation, presentation and rehabilitation of the cultural and natural heritage;
(d) supply of equipment which the State concerned does not possess or is not in a
position to acquire;
(e) low-interest or interest-free loans which might be repayable on a long-term basis;
(f) the granting, in exceptional cases and for special reasons, of non-repayable subsidies.
Article 23
The World Heritage Committee may also provide international assistance to national or
regional centres for the training of staff and specialists at all levels in the field of
identification, protection, conservation, presentation and rehabilitation of the cultural and
natural heritage.
Article 24
International assistance on a large scale shall be preceded by detailed scientific, economic
and technical studies. These studies shall draw upon the most advanced techniques for the
protection, conservation, presentation and rehabilitation of the natural and cultural heritage
and shall be consistent with the objectives of this Convention. The studies shall also seek
means of making rational use of the resources available in the State concerned.
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Article 25
As a general rule, only part of the cost of work necessary shall be borne by the international
community. The contribution of the State benefiting from international assistance shall
constitute a substantial share of the resources devoted to each programme or project, unless
its resources do not permit this.
Article 26
The World Heritage Committee and the recipient State shall define in the agreement they
conclude the conditions in which a programme or project for which international assistance
under the terms of this Convention is provided, shall be carried out. It shall be the
responsibility of the State receiving such international assistance to continue to protect,
conserve and present the property so safeguarded, in observance of the conditions laid down
by the agreement.
VI. EDUCATIONAL PROGRAMMES
Article 27
1. The States Parties to this Convention shall endeavor by all appropriate means, and in
particular by educational and information programmes, to strengthen appreciation and
respect by their peoples of the cultural and natural heritage defined in Articles 1 and 2
of the Convention.
2. They shall undertake to keep the public broadly informed of the dangers threatening
this heritage and of the activities carried on in pursuance of this Convention.
Article 28
States Parties to this Convention which receive international assistance under the Convention
shall take appropriate measures to make known the importance of the property for which
assistance has been received and the role played by such assistance.
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VII. REPORTS
Article 29
1. The States Parties to this Convention shall, in the reports which they submit to the
General Conference of the United Nations Educational, Scientific and Cultural
Organization on dates and in a manner to be determined by it, give information on the
legislative and administrative provisions which they have adopted and other action
which they have taken for the application of this Convention, together with details of
the experience acquired in this field.
2. These reports shall be brought to the attention of the World Heritage Committee.
3. The Committee shall submit a report on its activities at each of the ordinary sessions
of the General Conference of the United Nations Educational, Scientific and Cultural
Organization.
VIII FINAL CLAUSES
Article 30
This Convention is drawn up in Arabic, English, French, Russian and Spanish, the five texts
being equally authoritative.
Article 31
1. This Convention shall be subject to ratification or acceptance by States members of
the United Nations Educational, Scientific and Cultural Organization in accordance
with their respective constitutional procedures.
2. The instruments of ratification or acceptance shall be deposited with the Director-
General of the United Nations Educational, Scientific and Cultural Organization.
Article 32
1. This Convention shall be open to accession by all States not members of the United
Nations Educational, Scientific and Cultural Organization which are invited by the
General Conference of the Organization to accede to it.
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2. Accession shall be effected by the deposit of an instrument of accession with the
Director-General of the United Nations Educational, Scientific and Cultural
Organization.
Article 33
This Convention shall enter into force three months after the date of the deposit of the
twentieth instrument of ratification, acceptance or accession, but only with respect to those
States which have deposited their respective instruments of ratification, acceptance or
accession on or before that date. It shall enter into force with respect to any other State three
months after the deposit of its instrument of ratification, acceptance or accession.
Article 34
The following provisions shall apply to those States Parties to this Convention which have a
federal or non-unitary constitutional system:
(a) with regard to the provisions of this Convention, the implementation of which comes
under the legal jurisdiction of the federal or central legislative power, the obligations
of the federal or central government shall be the same as for those States parties
which are not federal States;
(b) with regard to the provisions of this Convention, the implementation of which comes
under the legal jurisdiction of individual constituent States, countries, provinces or
cantons that are not obliged by the constitutional system of the federation to take
legislative measures, the federal government shall inform the competent authorities of
such States, countries, provinces or cantons of the said provisions, with its
recommendation for their adoption.
Article 35
1. Each State Party to this Convention may denounce the Convention.
2. The denunciation shall be notified by an instrument in writing, deposited with the
Director-General of the United Nations Educational, Scientific and Cultural
Organization.
3. The denunciation shall take effect twelve months after the receipt of the instrument of
denunciation. It shall not affect the financial obligations of the denouncing State until
the date on which the withdrawal takes effect.
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Article 36
The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall inform the States members of the Organization, the States not members of
the Organization which are referred to in Article 32, as well as the United Nations, of the
deposit of all the instruments of ratification, acceptance, or accession provided for in Articles
31 and 32, and of the denunciations provided for in Article 35.
Article 37
1. This Convention may be revised by the General Conference of the United Nations
Educational, Scientific and Cultural Organization. Any such revision shall, however,
bind only the States which shall become Parties to the revising convention.
2. If the General Conference should adopt a new convention revising this Convention in
whole or in part, then, unless the new convention otherwise provides, this Convention
shall cease to be open to ratification, acceptance or accession, as from the date on
which the new revising convention enters into force.
Article 38
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be
registered with the Secretariat of the United Nations at the request of the Director-General of
the United Nations Educational, Scientific and Cultural Organization.
Done in Paris, this twenty-third day of November 1972, in two authentic copies bearing the
signature of the President of the seventeenth session of the General Conference and of the
Director-General of the United Nations Educational, Scientific and Cultural Organization,
which shall be deposited in the archives of the United Nations Educational, Scientific and
Cultural Organization, and certified true copies of which shall be delivered to all the States
referred to in Articles 31 and 32 as well as to the United Nations.
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Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to
the Protection of Victims of Non-International Armed Conflicts (Protocol II)
Adopted on 8 June 1977 by the Diplomatic Conference on the Reaffirmation and
Development of International Humanitarian Law applicable in Armed Conflicts
Entry into force: 7 December 1978, in accordance with Article 23
Preamble
The High Contracting Parties ,
Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of
12 August 1949 constitute the foundation of respect for the human person in cases of armed conflict
not of an international character,
Recalling furthermore that international instruments relating to human rights offer a basic protection to
the human person,
Emphasizing the need to ensure a better protection for the victims of those armed conflicts,
Recalling that, in cases not covered by the law in force, the human person remains under the
protection of the principles of humanity and the dictates of the public conscience,
Have agreed on the following:
Part I
SCOPE OF THIS PROTOCOL
Article 1.-Material field of application
1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12
August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts
which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which
take place in the territory of a High Contracting Party between its armed forces and dissident armed
forces or other organized armed groups which, under responsible command, exercise such control over
a part of its territory as to enable them to carry out sustained and concerted military operations and to
implement this Protocol.
2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
Article 2.-Personal field of application
1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex,
language, religion or belief, political or other opinion, national or social origin, wealth, birth or other
status, or on any other similar criteria (hereinafter referred to as "adverse distinction") to all persons
affected by an armed conflict as defined in Article 1.
2. At the end of the armed conflict, all the persons who have been deprived of their liberty or whose
liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty
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or whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of
Articles 5 and 6 until the end of such deprivation or restriction of liberty.
Article 3.-Non-intervention
1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or
the responsibility of the government, by all legitimate means, to maintain or re-establish law and order
in the State or to defend the national unity and territorial integrity of the State.
2. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for
any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting
Party in the territory of which that conflict occurs.
Part II
HUMANE TREATMENT
Article 4.-Fundamental guarantees
1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or
not their liberty has been restricted, are entitled to respect for their person, honour and convictions
and religious practices. They shall in all circumstances be treated humanely, without any adverse
distinction. It is prohibited to order that there shall be no survivors.
2. Without prejudice to the generality of the foregoing, the following acts against the persons referred
to in paragraph I are and shall remain prohibited at any time and in any place whatsoever:
( a ) Violence to the life, health and physical or mental well-being of persons, in particular murder as
well as cruel treatment such as torture, mutilation or any form of corporal punishment;
( b ) Collective punishments;
( c ) Taking of hostages;
( d ) Acts of terrorism;
( e ) Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced
prostitution and any form of indecent assault;
( f ) Slavery and the slave trade in all their forms;
( g ) Pillage;
( h ) Threats to commit any of the foregoing acts.
3. Children shall be provided with the care and aid they require, and in particular:
( a ) They shall receive an education, including religious and moral education, in keeping with the
wishes of their parents, or in the absence of parents, of those responsible for their care;
( b ) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated;
( c ) Children who have not attained the age of fifteen years shall neither be recruited in the armed
forces or groups nor allowed to take part in hostilities;
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( d ) The special protection provided by this Article to children who have not attained the age of fifteen
years shall remain applicable to them if they take a direct part in hostilities despite the provisions of
sub-paragraph ( c ) and are captured;
( e ) Measures shall be taken, if necessary, and whenever possible with the consent of their parents or
persons who by law or custom are primarily responsible for their care, to remove children temporarily
from the area in which hostilities are taking place to a safer area within the country and ensure that
they are accompanied by persons responsible for their safety and well-being.
Article 5.-Persons whose liberty has been restricted
1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum
with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they
are interned or detained:
( a ) The wounded and the sick shall be treated in accordance with Article 7;
( b ) The persons referred to in this paragraph shall, to the same extent as the local civilian population,
be provided with food and drinking water and be afforded safeguards as regards health and hygiene
and protection against the rigours of the climate and the dangers of the armed conflict;
( c ) They shall be allowed to receive individual or collective relief;
( d ) They shall be allowed to practise their religion and, if requested and appropriate, to receive
spiritual assistance from persons, such as chaplains, performing religious functions;
( e ) They shall, if made to work, have the benefit of working conditions and safeguards similar to
those enjoyed by the local civilian population.
2. Those who are responsible for the internment or detention of the persons referred to in paragraph 1
shall also, within the limits of their capabilities, respect the following provisions relating to such
persons:
( a ) Except when men and women of a family are accommodated together, women shall be held in
quarters separated from those of men and shall be under the immediate supervision of women;
( b ) They shall be allowed to send and receive letters and cards, the number of which may be limited
by the competent authority if it deems necessary;
( c ) Places of internment and detention shall not be located close to the combat zone. The persons
referred to in paragraph 1 shall be evacuated when the places where they are interned or detained
become particularly exposed to danger arising out of the armed conflict, if their evacuation can be
carried out under adequate conditions of safety;
( d ) They shall have the benefit of medical examinations;
( e ) Their physical or mental health and integrity shall not be endangered by an unjustified act or
omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical
procedure which is not indicated by the state of health of the person concerned, and which is not
consistent with the generally accepted medical standards applied to free persons under similar medical
circumstances.
3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way
whatsoever for reasons related to the armed conflict shall be treated humanely in accordance with
Article 4 and with paragraphs 1 ( a ), ( c ) and ( d ), and 2 ( b ) of this Article.
4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their
safety shall be taken by those so deciding.
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Article 6.-Penal prosecutions
1. This Article applies to the prosecution and punishment of criminal offences related to the armed
conflict.
2. No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence
except pursuant to a conviction pronounced by a court offering the essential guarantees of
independence and impartiality. In particular:
( a ) The procedure shall provide for an accused to be informed without delay of the particulars of the
offence alleged against him and shall afford the accused before and during his trial all necessary rights
and means of defence;
( b ) No one shall be convicted of an offence except on the basis of individual penal responsibility;
( c ) No one shall be held guilty of any criminal offence on account of any act or omission which did not
constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier
penalty be imposed than that which was applicable at the time when the criminal offence was
committed; if, after the commission of the offence, provision is made by law for the imposition of a
lighter penalty, the offender shall benefit thereby;
( d ) Anyone charged with an offence is presumed innocent until proved guilty according to law;
( e ) Anyone charged with an offence shall have the right to be tried in his presence;
( f ) No one shall be compelled to testify against himself or to confess guilt.
3. A convicted person shall be advised on conviction of his judicial and other remedies and of the timelimits
within which they may be exercised.
4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at
the time of the offence and shall not be carried out on pregnant women or mothers of young children.
5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible
amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for
reasons related to the armed conflict, whether they are interned or detained.
Part III
WOUNDED, SICK AND SHIPWRECKED
Article 7.-Protection and care
1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict,
shall be respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent
practicable and with the least possible delay, the medical care and attention required by their
condition. There shall be no distinction among them founded on any grounds other than medical ones.
Article 8.-Search
Whenever circumstances permit, and particularly after an engagement, all possible measures shall be
taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them
against pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent
their being despoiled, and decently dispose of them.
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Article 9.-Protection of medical and religious personnel
1. Medical and religious personnel shall be respected and protected and shall be granted all available
help for the performance of their duties. They shall not be compelled to carry out tasks which are not
compatible with their humanitarian mission.
2. In the performance of their duties medical personnel may not be required to give priority to any
person except on medical grounds.
Article 10.-General protection of medical duties
1. Under no circumstances shall any person be punished for having carried out medical activities
compatible with medical ethics, regardless of the person benefiting therefrom.
2. Persons engaged in medical activities shall neither be compelled to perform acts or to carry out
work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or
other rules designed for the benefit of the wounded and sick, or this Protocol.
3. The professional obligations of persons engaged in medical activities regarding information which
they may acquire concerning the wounded and sick under their care shall, subject to national law, be
respected.
4. Subject to national law, no person engaged in medical activities may be penalized in any way for
refusing or failing to give information concerning the wounded and sick who are, or who have been,
under his care.
Article 11.-Protection of medical units and transports
1. Medical units and transports shall be respected and protected at all times and shall not be the object
of attack.
2. The protection to which medical units and transports are entitled shall not cease unless they are
used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only
after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such
warning has remained unheeded.
Article 12.-The distinctive emblem
Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red
crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel
and medical units, and on medical transports. It shall be respected in all circumstances. It shall not be
used improperly.
Part IV
CIVILIAN POPULATION
Article 13.-Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general protection against the dangers
arising from military operations. To give effect to this protection, the following rules shall be observed
in all circumstances.
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2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts
or threats of violence the primary purpose of which is to spread terror among the civilian population
are prohibited.
3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a
direct part in hostilities.
Article 14.-Protection of objects indispensable to the survival of the civilian population
Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy,
remove or render useless, for that purpose, objects indispensable to the survival of the civilian
population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock,
drinking water installations and supplies and irrigation works.
Article 15.-Protection of works and installations containing dangerous forces
Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical
generating stations, shall not be made the object of attack, even where these objects are military
objectives, if such attack may cause the release of dangerous forces and consequent severe losses
among the civilian population.
Article 16.-Protection of cultural objects and of places of worship
Without prejudice to the provisions of The Hague Convention for the Protection of Cultural Property in
the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed
against historic monuments, works of art or places of worship which constitute the cultural or spiritual
heritage of peoples, and to use them in support of the military effort.
Article 17.-Prohibition of forced movement of civilians
1. The displacement of the civilian population shall not be ordered for reasons related to the conflict
unless the security of the civilians involved or imperative military reasons so demand. Should such
displacements have to be carried out, all possible measures shall be taken in order that the civilian
population may be received under satisfactory conditions of shelter, hygiene, health, safety and
nutrition.
2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.
Article 18.-Relief societies and relief actions
1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red
Crescent, Red Lion and Sun) organizations, may offer their services for the performance of their
traditional functions in relation to the victims of the armed conflict. The civilian population may, even
on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.
2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its
survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of
an exclusively humanitarian and impartial nature and which are conducted without any adverse
distinction shall be undertaken subject to the consent of the High Contracting Party concerned.
Part V
FINAL PROVISIONS
Article 19.-Dissemination
This Protocol shall be disseminated as widely as possible.
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Article 20.-Signature
This Protocol shall be open for signature by the Parties to the Conventions six months after the signing
of the Final Act and will remain open for a period of twelve months.
Article 21.-Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited
with the Swiss Federal Council, depositary of the Conventions.
Article 22.-Accession
This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The
instruments of accession shall be deposited with the depositary.
Article 23.-Entry into force
1. This Protocol shall enter into force six months after two instruments of ratification or accession have
been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into
force six months after the deposit by such Party of its instrument of ratification or accession.
Article 24.-Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed
amendment shall be communicated to the depositary which shall decide, after consultation with all the
High Contracting Parties and the International Committee of the Red Cross, whether a conference
should be convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties
to the Conventions, whether or not they are signatories of this Protocol.
Article 25.-Denunciation
1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take
effect six months after receipt of the instrument of denunciation. If, however, on the expiry of six
months, the denouncing Party is engaged in the situation referred to in Article l, the denunciation shall
not take effect before the end of the armed conflict. Persons who have been deprived of liberty, or
whose liberty has been restricted, for reasons related to the conflict shall nevertheless continue to
benefit from the provisions of this Protocol until their final release.
2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High
Contracting Parties.
Article 26.-Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions,
whether or not they are signatories of this Protocol, of:
( a ) Signatures affixed to this Protocol and the deposit of instruments of ratification and accession
under Articles 21 and 22;
( b ) The date of entry into force of this Protocol under Article 23; and
( c ) Communications and declarations received under Article 24.
Article 27.-Registration
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1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of
the United Nations for registration and publication, in accordance with Article 102 of the Charter of the
United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all ratifications and
accessions received by it with respect to this Protocol.
Article 28.-Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts
are equally authentic shall be deposited with the depositary, which shall transmit certified true copies
thereof to all the Parties to the Conventions.
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Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief
Proclaimed by General Assembly resolution 36/55 of 25 November 1981
The General Assembly,
Considering that one of the basic principles of the Charter of the United Nations is that of the dignity
and equality inherent in all human beings, and that all Member States have pledged themselves to
take joint and separate action in co-operation with the Organization to promote and encourage
universal respect for and observance of human rights and fundamental freedoms for all, without
distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights and the International Covenants on Human
Rights proclaim the principles of non-discrimination and equality before the law and the right to
freedom of thought, conscience, religion and belief,
Considering that the disregard and infringement of human rights and fundamental freedoms, in
particular of the right to freedom of thought, conscience, religion or whatever belief, have brought,
directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of
foreign interference in the internal affairs of other States and amount to kindling hatred between
peoples and nations,
Considering that religion or belief, for anyone who professes either, is one of the fundamental
elements in his conception of life and that freedom of religion or belief should be fully respected and
guaranteed,
Considering that it is essential to promote understanding, tolerance and respect in matters relating to
freedom of religion and belief and to ensure that the use of religion or belief for ends inconsistent with
the Charter of the United Nations, other relevant instruments of the United Nations and the purposes
and principles of the present Declaration is inadmissible,
Convinced that freedom of religion and belief should also contribute to the attainment of the goals of
world peace, social justice and friendship among peoples and to the elimination of ideologies or
practices of colonialism and racial discrimination,
Noting with satisfaction the adoption of several, and the coming into force of some, conventions, under
the aegis of the United Nations and of the specialized agencies, for the elimination of various forms of
discrimination,
Concerned by manifestations of intolerance and by the existence of discrimination in matters of religion
or belief still in evidence in some areas of the world,
Resolved to adopt all necessary measures for the speedy elimination of such intolerance in all its forms
and manifestations and to prevent and combat discrimination on the ground of religion or belief,
Proclaims this Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief:
Article 1
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include
freedom to have a religion or whatever belief of his choice, and freedom, either individually or in
community with others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his
choice.
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3. Freedom to manifest one's religion or belief may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals or the
fundamental rights and freedoms of others.
Article 2
1. No one shall be subject to discrimination by any State, institution, group of persons, or person on
the grounds of religion or other belief.
2. For the purposes of the present Declaration, the expression "intolerance and discrimination based
on religion or belief" means any distinction, exclusion, restriction or preference based on religion or
belief and having as its purpose or as its effect nullification or impairment of the recognition,
enjoyment or exercise of human rights and fundamental freedoms on an equal basis.
Article 3
Discrimination between human beings on the grounds of religion or belief constitutes an affront to
human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be
condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal
Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights,
and as an obstacle to friendly and peaceful relations between nations.
Article 4
1. All States shall take effective measures to prevent and eliminate discrimination on the grounds of
religion or belief in the recognition, exercise and enjoyment of human rights and fundamental
freedoms in all fields of civil, economic, political, social and cultural life.
2. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such
discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion
or other beliefs in this matter.
Article 5
1. The parents or, as the case may be, the legal guardians of the child have the right to organize the
life within the family in accordance with their religion or belief and bearing in mind the moral education
in which they believe the child should be brought up.
2. Every child shall enjoy the right to have access to education in the matter of religion or belief in
accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be
compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians,
the best interests of the child being the guiding principle.
3. The child shall be protected from any form of discrimination on the ground of religion or belief. He
shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and
universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that
his energy and talents should be devoted to the service of his fellow men.
4. In the case of a child who is not under the care either of his parents or of legal guardians, due
account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of
religion or belief, the best interests of the child being the guiding principle.
5. Practices of a religion or belief in which a child is brought up must not be injurious to his physical or
mental health or to his full development, taking into account article 1, paragraph 3, of the present
Declaration.
Article 6
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In accordance with article 1 of the present Declaration, and subject to the provisions of article 1,
paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia , the
following freedoms:
( a ) To worship or assemble in connection with a religion or belief, and to establish and maintain
places for these purposes;
( b ) To establish and maintain appropriate charitable or humanitarian institutions;
( c ) To make, acquire and use to an adequate extent the necessary articles and materials related to
the rites or customs of a religion or belief;
( d ) To write, issue and disseminate relevant publications in these areas;
( e ) To teach a religion or belief in places suitable for these purposes;
( f ) To solicit and receive voluntary financial and other contributions from individuals and institutions;
( g ) To train, appoint, elect or designate by succession appropriate leaders called for by the
requirements and standards of any religion or belief;
( h ) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts
of one's religion or belief;
( i ) To establish and maintain communications with individuals and communities in matters of religion
and belief at the national and international levels.
Article 7
The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in
such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.
Article 8
Nothing in the present Declaration shall be construed as restricting or derogating from any right
defined in the Universal Declaration of Human Rights and the International Covenants on Human
Rights.
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Volume III - Exhibits 211-336