Part II (A) 4 - Permanent Sovereignty over Natural and National Resources

Document Number
186-20230531-REQ-01-06-EN
Parent Document Number
186-20230531-REQ-02-03-EN
Case
186 - Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem
Date of the Document
Document File

Resolutions adopted on the reports of the Second Committee 15
have an adverse effect on the exports of developing
countries and on the expansion of international trade in
general;
(d) Methods and machinery to implement measures
relating to the expansion of international trade, including:
( i) A reappraisal of the effectiveness of the existing
international bodies dealing with international
trade in meeting trade problems of developing
countries, including a consideration of the develment
of trade relations among countries with
uneven levels of economic development and/or
different systems of economic organization and
trade;
(ii) The advisability of eliminating overlapping and
duplication by co-ordination or consolidation of
the activities of such bodies, of creating conditions
for expanded membership and of effecting such
other organizational improvements and initiatives
as may be needed, so as to maximize the beneficial
results of trade for the promotion of economic
development.
1190th plenary meeting,
8 December 1962.
1803 (XVII). Permanent sovereignty over natural
resources
The General Assembly,
Recalling its resolutions 523 (VI) of 12 January
1952 and 626 (VII) of 21 December 1952,
Bearing in mind its resolution 1314 (XIII) of 12 December
1958, by which it established the Commission
on Permanent Sovereignty over Natural Resources and
instructed it to conduct a full survey of the status of
permanent sovereignty over natural wealth and resources
as a basic constituent of the right to selfdetermination,
with recommendations, where necessary,
for its strengthening, and decided further that, in the
conduct of the full survey of the status of the permanent
sovereignty of peoples and nations over their natural
wealth and resources, due regard should be paid to the
rights and duties of States under international law and to
the importance of encouraging international co-operation
in the economic development of developing countries,
Bearing in mind its resolution 1515 (XV) of 15 December
1960, in which it recommended that the sovereign
right of every State to dispose of its wealth and its
natural resources should be respected,
Considering that any measure in this respect must be
based on the recognition of the inalienable right of all
States freely to dispose of their natural wealth and resources
in accordance with their national interests, and
on respect for the economic independence of States,
Considering that nothing in paragraph 4 below in any
way prejudices the position of any Member State on
any aspect of the question of the rights and obligations
of successor States and Governments in respect of property
acquired before the accession to complete sovereignty
of countries formerly under colonial rule,
Noting that the subject of succession of States and
Governments is being examined as a matter of priority
hy the International Law Commission,
Considering that it is clec-irable to promote international
co-operation for the economic development of
developing countries, and that economic and financial
agreements between the developed and the developing
countries must be based on the principles of equality
and of the right of peoples and nations to self~
determination,
Considering that the provision of economic and technical
assistance, loans and increased foreign investment
must not be subject to conditions which conflict with the
interests of the recipient State,
Considering the benefits to be derived from exchanges
of technical and scientific information likely to promote
the development and use of such resources and wealth,
and the important part which the United Nations and
other international organizations are called upon to play
in that connexion,
Attaching particular importance to the question of
promoting the economic development of developing
countries and securing their economic independence,
Noting that the creation and strengthening of the
inalienable sovereignty of States over their natural wealth
and resources reinforces their economic independence,
Desiring that there should be further consideration by
the United Nations of the subject of permanent sovereignty
over natural resources in the spirit of international
co-operation in the field of economic development,
particularly that of the developing countries,
I
Declares that:
1. The right of peoples and nations to permanent sovereignty
over their natural wealth and resources must be exercised in
the interest of their national development and of the wellbeing
of the people of the State concerned,
2. The exploration, development and disposition of such
resources, as well as the import of the foreign capital required
for these purposes, should be in conformity with the rules
and conditions which the peoples and nations freely consider
to be necessary or desirable with regard to the authorization,
restriction or prohibition of such activities.
3. In cases where authorization is granted, the capital
imported and the earnings on that capital shall be governed
by the terms thereof, by the national legislation in force, and
by international law. The profits derived must be shared in
the proportions freely agreed upon, in each case, between
the investors and the recipient State, due care being taken
to ensure that there is no impairment, for any reason, of that
State's sovereignty over its natural wealth and resources.
4, Nationalization, expropriation or requisitioning shall be
based on grounds or reasons of public utility, security or the
national interest which are recognized as overriding purely
individual or private interests, both domestic and foreign. In
such cases the owner shall be paid appropriate compensation,
in accordance with the rules in force in the State taking
such measures in the exercise of its sovereignty and in
accordance with international law. In any case where the
question of compensation gives rise to a controversy, the
national jurisdiction of the State taking such measures shall
be exhausted. However, upon agreement by sovereign States
and other parties concerned, settlement of the dispute should
be made through arbitration or international adjudication.
5. The free and 1Jeneficial exercise of the sovereignty of
peoples and nations over their natural resources must be
furthered liy the mutual respect of States based on their
sovereig-n equality.
6. International co-operation for the economic development
of developing countries, whether in the form of public or
private capital investments, exchange of goods and services,
technical assistance, or exchange of scientific in formation,
shall be such as to further their independent national development
and shall he based upon respect for their sovereignty
over their natural wealth and resources.
7. Violation of tlie rights of peoples and nations to
sovereignty over their natural wealth and resources is contrary
16 General A11111embly-Seventeenth Seseion
to the spirit and principles of the Charter of tbe United
Nations and hinders the development of international cooperation
and the maintenance of peace.
8. Foreign investment agreements freely entered into by
or between sovereign States shall be observed in good faith;
States and international organizations shall strictly and
conscientiously respect the sovereignty of peoples and nations
over their natural wealth and resources in accordance with
the Charter and the principles set forth in the present
resolution.
II
Welcomes the decision of the International Law Commission
to speed up its work on the codification of the
topic of responsibility of States for the consideration of
the General Assembly ;1
III
Requests the Secretary-General to continue the study
of the various aspects of permanent sovereignty over
natural resources, taking into account the desire of
Member States to ensure the protection of their sovereign
rights while encouraging international co-operation
in the field of economic development, and to report to
the Economic and Social Council and to the General
Assembly, if possible at its eighteenth session.
1194th plenary nieetin_q,
14 December 1962.
1820 (XVII). The Cairo Declaration of Developing
Countries
The General Assenibly,
Having considered the Cairo Declaration of Developing
Countries2 emanating from the Conference on the
Problems of Economic Development attended by a large
number of developing countrie~,
Welcoming the general approach of the Declaration,
namely, that the problems of social and economic development
should be solved in a spirit of international
co-operation and within the framework of the United
Nations,
Taking cognizance of the principles of the Declaration
relating to the needs of the developing countries, the
implication of the process of their economic and social
growth, and the effective measures to be undertaken on
the national and international levels, for the attainment
of rapid and balanced economic and social development,
1. Notes with appreciation the Cairo Declaration of
Developing Countries submitted to the General Assembly
and included in the agenda of its seventeenth session ;
2. Recommends that Member States, the Economic
and Social Council, other United Nations bodies and the
specialized agencies should take into consideration the
principles of the Declaration when dealing with subjects
in the field of economic and social development.
1197th plenary meeting,
18 December 1962.
1821 (XVII). Activities of the United Nations in
the field of industrial development
The General Assembly,
Recalling its resolution 1712 (XVI) of 19 December
1961, as well as Economic and Social Council resolutions
1 (!fficial Records of the General Assembly, Seventeenth
Se.man, Supplement No. 9 (A/5209), paras. 67-69.
2 Ibid., Srventeenth Sessio11, Annl'.ffS. agenda items 12, 34,
35, 36, 37, 39 and 84, document A/5162.
872 (XXXIII) and 873 (XXXIII) of 10 April 1962
and 893 (XXXIV) of 26 July 1962,
Noting 'With satisfaction the programme of work and
the recommendations contained in the report of the
Committee for Industrial Development on the work of
its second session.3 the appointment by the Secretary
General of a United Nations Commissioner for Industrial
Development, and the steps which have been taken
to strengthen the activities of the United Nations in
the field of industrial development,
I
Noting that the Economic and Social Council, in its
resolution 873 (XXXIII), requested the SecretaryGeneral
to appoint an Advisory Committee of ten
experts to examine the question of the further organiza~
ional changes that might be necessary in order to
intensify, concentrate and expedite the United Nations
effort ~or t~e in~ustrial devel?~~nt of the developing
coun_tn_es, mcludmg the . adv1sa~1ltty of establishing a
spec1altzed agency for mdustnal development or of
strengthening or modifying the existing organizational
structure in that field,
Taking into consideration that the efforts of the
United Nations-including the specialized agencies and
the regional economic commissions-related to industrial
development should be closely linked with activities in
the field of natural resources, as well as in all other
related fields, since the process of industrialization is
dependent upon adequate progress in these fields,
. 1. Recommends that the Advisory Committee established
under Economic and Social Council resolution
8i3 (XXXIII) should take into account, in its work
and recommendations:
(a) Whether it is advisable to deal with problems of
indu~trial development, natural resources, energy, and
possibly other related fields, within the framework of
one organizational structure;
( b) Whether it is possible to bring about a closer
co-ordination of all activities related to industrialization
at the national, regional and international levels;
2. Requests the Economic and Social Council to
submit to the General Assembly, at its eighteenth session,
the report of the Secretary-General on the work of the
Advisory Committee, after consideration of that report
b)'. the Committee for Industrial Development, together
with the comments of the Committee and the Council ;
II
. Aware of th~ fact that the process of industrialization
m the economically less developed countries is closely
dependent on the expansion of the foreio-n trade of
those countries and that, as the industriali;ation of the
developing countries proceeds, the trade structure of
the world will undergo considerable changes,
Recommends to the Economic and Social Council
and to the. Com~1it_tee for Industrial Development that
the Committee, 111 its study of the relationship between
accelerated industrialization and international trade
should take into account the urgent need of the <level~
oping counti:ies for a steadily increasing income from
exports, their need for imports of capital goods on
favourable terms, as well as the long-term influence of
the inclustrializ~tion. of the developing countries upon
the structure, direction and volume of world trade and,
3 Official Records i?f //,,, Er/711a111ic and Social Council
Thirty-third Session, S11f>plement No. 2 (E/3600/Rev.1). '

UNITED A
NATIONS
General Assembly
Distr.
GENERAL
A/RES/51/190
21 February 1997
Fifty-first session
Agenda item 12
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
[on the report of the Second Committee (A/51/601)]
51/190. Permanent sovereignty of the Palestinian
people in the occupied Palestinian
territory, including Jerusalem, and of the
Arab population in the occupied Syrian
Golan over their natural resources
The General Assembly,
Recalling Economic and Social Council resolution 1996/40 of 26 July
1996,
Reaffirming the principle of the permanent sovereignty of people under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming
the inadmissibility of the acquisition of territory by force, and recalling
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the
occupied Palestinian territory, including Jerusalem, and other Arab
territories occupied by Israel since 1967,
Expressing concern at the exploitation by Israel, the occupying Power,
of the natural resources of the occupied Palestinian territory, including
Jerusalem, and other Arab territories occupied by Israel since 1967,
1 United Nations, Treaty Series, vol. 75, No. 973.
97-76867 /...
A/RES/51/190
Page 2
Aware of the additional, detrimental economic and social impact of the
Israeli settlements on Palestinian and other Arab natural resources,
especially the confiscation of land and the forced diversion of water
resources,
Welcoming the ongoing Middle East peace process which was started at
Madrid on 30 October 1991 and which is based on Security Council resolutions
242 (1967), 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and
the principle of land for peace, in particular the two implementation
agreements embodied in the Agreement on the Gaza Strip and the Jericho Area of
4 May 19942 and the Interim Agreement on the West Bank and the Gaza Strip of
28 September 1995,
1. Takes note of the report of the Secretary-General;3
2. Reaffirms the inalienable right of the Palestinian people and the
population of the occupied Syrian Golan over their natural resources,
including land and water;
3. Calls upon Israel, the occupying Power, not to exploit, to cause
loss and depletion of or to endanger the natural resources in the occupied
Palestinian territory, including Jerusalem, and in the occupied Syrian Golan;
4. Recognizes the right of the Palestinian people to claim
restitution as a result of any exploitation, loss or depletion of, or danger
to, their natural resources, and expresses the hope that this issue will be
dealt with in the framework of the final status negotiation between the
Palestinian and Israeli sides;
5. Requests the Secretary-General to report to it, at its fiftysecond
session, on the implementation of the present resolution, and decides
to include in the agenda of its fifty-second session an item entitled
"Permanent sovereignty of the Palestinian people in the occupied Palestinian
territory, including Jerusalem, and of the Arab population in the occupied
Syrian Golan over their natural resources".
86th plenary meeting
16 December 1996
2 A/49/180-S/1994/727, annex; see Official Records of the Security
Council, Forty-ninth Year, Supplement for April, May and June 1994, document
S/1994/727.
3 A/51/135-E/1996/51.
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United Nations A/RES/62/181
General Assembly Distr.: General
31 January 2008
Sixty-second session
Agenda item 41
07-47463
Resolution adopted by the General Assembly on 19 December 2007
[on the report of the Second Committee (A/62/415)]
62/181. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 61/184 of 20 December 2006, and taking note of
Economic and Social Council resolution 2007/26 of 26 July 2007,
Recalling also its resolutions 59/251 of 22 December 2004 and 58/292 of
6 May 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,0F
1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights1F
2 and the International Covenant on Economic, Social and Cultural Rights,0H
2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the Legal Consequences of the Construction of a
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/62/181
2
Wall in the Occupied Palestinian Territory,2F
3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Expressing its concern at the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern at the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees,
Expressing its concern at the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, which, inter alia, pollutes the
environment and negatively affects the natural resources of the Palestinian people,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, and of the dire socio-economic
consequences in this regard,
Aware also of the detrimental impact on Palestinian natural resources being
caused by the unlawful construction of the wall by Israel, the occupying Power, in
the Occupied Palestinian Territory, including in and around East Jerusalem, and of
its grave effect on the natural resources and economic and social conditions of the
Palestinian people,
Reaffirming the need for the immediate resumption of negotiations within the
Middle East peace process, on the basis of Security Council resolutions 242 (1967),
338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of
12 March 2002, the principle of land for peace, the Quartet performance-based road
map to a permanent two-State solution to the Israeli-Palestinian conflict,3F
4 as
endorsed by the Security Council in its resolution 1515 (2003) of 19 November
2003, and the Arab Peace Initiative4F
5 for the achievement of a final settlement on all
tracks,
Noting the Israeli withdrawal from within the Gaza Strip and parts of the
northern West Bank and the importance of the dismantlement of settlements therein
as a step towards the implementation of the road map,
Stressing the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note with appreciation of the note by the Secretary-General
transmitting the report prepared by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
_______________
3 A/ES-10/273 and Corr.1.
4 See S/2003/529, annex.
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
A/RES/62/181
3
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan,5F
6
1. Reaffirms the inalienable rights of the Palestinian people and the
population of the occupied Syrian Golan over their natural resources, including land
and water;
2. Calls upon Israel, the occupying Power, not to exploit, damage, cause
loss or depletion of, or endanger the natural resources in the Occupied Palestinian
Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with in the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall being constructed by Israel in the Occupied
Palestinian Territory, including in and around East Jerusalem, is contrary to
international law and is seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligations
mentioned in the 9 July 2004 advisory opinion of the International Court of Justice3
and in resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to cease the dumping of all
kinds of waste materials in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural
resources, namely the water and land resources, and pose an environmental hazard
and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people;
8. Requests the Secretary-General to report to it at its sixty-third session on
the implementation of the present resolution, and decides to include in the
provisional agenda of its sixty-third session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan
over their natural resources”.
78th plenary meeting
19 December 2007
_______________
6 A/62/75-E/2007/13.
United Nations A/RES/63/201
General Assembly Distr.: General
28 January 2009
Sixty-third session
Agenda item 38
08-48285
Resolution adopted by the General Assembly on 19 December 2008
[on the report of the Second Committee (A/63/410)]
63/201. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 62/181 of 19 December 2007, and taking note of
Economic and Social Council resolution 2008/31 of 25 July 2008,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,0F
1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights1F
2 and the International Covenant on Economic, Social and Cultural Rights,0H
2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the Legal Consequences of the Construction of a
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/63/201
2
Wall in the Occupied Palestinian Territory,2F
3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Expressing its concern at the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern at the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees,
Expressing its concern at the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, which, inter alia, pollutes the
environment and negatively affects the natural resources of the Palestinian people,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, and of the dire socio-economic
consequences in this regard,
Aware also of the detrimental impact on Palestinian natural resources being
caused by the unlawful construction of the wall by Israel, the occupying Power, in
the Occupied Palestinian Territory, including in and around East Jerusalem, and of
its grave effect as well on the economic and social conditions of the Palestinian
people,
Reaffirming the need for the advancement of negotiations within the Middle
East peace process, on the basis of Security Council resolutions 242 (1967),
338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of
12 March 2002, the principle of land for peace, the Arab Peace Initiative,3F
4 and the
Quartet performance-based road map to a permanent two-State solution to the
Israeli-Palestinian conflict,4F
5 as endorsed by the Security Council in its resolution
1515 (2003) of 19 November 2003, for the achievement of a final settlement on all
tracks,
Noting the Israeli withdrawal from within the Gaza Strip and parts of the
northern West Bank and the importance of the dismantlement of settlements therein
as a step towards the implementation of the road map,
Stressing the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note with appreciation of the note by the Secretary-General
transmitting the report prepared by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
_______________
3 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
4 A/56/1026-S/2002/932, annex II, resolution 14/221.
5 See S/2003/529, annex.
A/RES/63/201
3
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan,5F
6
1. Reaffirms the inalienable rights of the Palestinian people and the
population of the occupied Syrian Golan over their natural resources, including land
and water;
2. Calls upon Israel, the occupying Power, not to exploit, damage, cause
loss or depletion of, or endanger the natural resources in the Occupied Palestinian
Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with in the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall being constructed by Israel in the Occupied
Palestinian Territory, including in and around East Jerusalem, is contrary to
international law and is seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligations
mentioned in the 9 July 2004 advisory opinion of the International Court of Justice1H
3
and in resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to cease the dumping of all
kinds of waste materials in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural
resources, namely water and land resources, and pose an environmental hazard and
health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people;
8. Requests the Secretary-General to report to it at its sixty-fourth session
on the implementation of the present resolution, and decides to include in the
provisional agenda of its sixty-fourth session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan
over their natural resources”.
72nd plenary meeting
19 December 2008
_______________
6 A/63/74-E/2008/13.
United Nations A/RES/64/185
General Assembly Distr.: General
29 January 2010
Sixty-fourth session
Agenda item 40
09-47293
*0947293* Please rec cle ♲
Resolution adopted by the General Assembly on 21 December 2009
[on the report of the Second Committee (A/64/416)]
64/185. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 63/201 of 19 December 2008, and taking note of
Economic and Social Council resolution 2009/34 of 31 July 2009,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,0F
1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights1F
2 and the International Covenant on Economic, Social and Cultural Rights,2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/64/185
2
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the Legal Consequences of the Construction of a
Wall in the Occupied Palestinian Territory,2F
3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Expressing its concern at the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern at the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses,
Expressing its concern at the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, in particular in the Gaza Strip in the
recent period, which, inter alia, pollutes the environment and negatively affects the
water supply and other natural resources of the Palestinian people,
Taking note in this regard of the recent report by the United Nations
Environment Programme regarding the grave environmental situation in the Gaza
Strip,3F
4 and stressing the need for follow-up to the recommendations therein,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, and of the dire socio-economic
consequences in this regard,
Aware also of the detrimental impact on Palestinian natural resources being
caused by the unlawful construction of the wall by Israel, the occupying Power, in
the Occupied Palestinian Territory, including in and around East Jerusalem, and of
its grave effect as well on the economic and social conditions of the Palestinian
people,
Reaffirming the need for the resumption and advancement of negotiations
within the Middle East peace process, on the basis of Security Council resolutions
242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and
1397 (2002) of 12 March 2002, the principle of land for peace, the Arab Peace
Initiative,4F
5 and the Quartet performance-based road map to a permanent two-State
solution to the Israeli-Palestinian conflict,5F
6 as endorsed by the Security Council in
its resolution 1515 (2003) of 19 November 2003 and supported by the Council in its
resolution 1850 (2008) of 16 December 2008, for the achievement of a final
settlement on all tracks,
Noting the Israeli withdrawal from within the Gaza Strip and parts of the
northern West Bank and the importance of the dismantlement of settlements therein
in the context of the road map,
_______________
3 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
4 United Nations Environment Programme, Environmental Assessment of the Gaza Strip following the
Escalation of Hostilities in December 2008-January 2009 (Nairobi, 2009).
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 See S/2003/529, annex.
A/RES/64/185
3
Stressing the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the note by the Secretary-General transmitting the report
prepared by the Economic and Social Commission for Western Asia on the
economic and social repercussions of the Israeli occupation on the living conditions
of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan,6F
7
1. Reaffirms the inalienable rights of the Palestinian people and the
population of the occupied Syrian Golan over their natural resources, including land
and water;
2. Demands that Israel, the occupying Power, cease the exploitation,
damage, cause of loss or depletion of, or endangerment of the natural resources in
the Occupied Palestinian Territory, including East Jerusalem, and in the occupied
Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with in the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall being constructed by Israel in the Occupied
Palestinian Territory, including in and around East Jerusalem, is contrary to
international law and is seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligations
mentioned in the 9 July 2004 advisory opinion of the International Court of Justice3
and in resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to cease all actions harming
the environment, including the dumping of all kinds of waste materials in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan, which gravely threaten their natural resources, namely water and land
resources, and which pose an environmental, sanitation and health threat to the
civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people;
8. Requests the Secretary-General to report to it at its sixty-fifth session on
the implementation of the present resolution, and decides to include in the
_______________
7 A/64/77-E/2009/13.
A/RES/64/185
4
provisional agenda of its sixty-fifth session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan
over their natural resources”.
66th plenary meeting
21 December 2009
United Nations A/RES/65/179
General Assembly Distr.: General
22 March 2011
Sixty-fifth session
Agenda item 60
10-52328
*1052328* Please rec cle ♲
Resolution adopted by the General Assembly on 20 December 2010
[on the report of the Second Committee (A/65/443)]
65/179. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 64/185 of 21 December 2009, and taking note of
Economic and Social Council resolution 2010/31 of 23 July 2010,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,0F
1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights1F
2 and the International Covenant on Economic, Social and Cultural Rights,0H
2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/65/179
2
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territory,2F
3 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses,
Expressing its concern about the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, in particular in the Gaza Strip in the
recent period, which, inter alia, pollutes the environment and negatively affects the
water supply and other natural resources of the Palestinian people,
Taking note, in this regard, of the 2009 report by the United Nations
Environment Programme regarding the grave environmental situation in the Gaza
Strip,3F
4 and stressing the need for follow-up to the recommendations contained
therein,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, and of the dire socio-economic
consequences in this regard,
Aware also of the detrimental impact on Palestinian natural resources being
caused by the unlawful construction of the wall by Israel, the occupying Power, in
the Occupied Palestinian Territory, including in and around East Jerusalem, and of
its grave effect as well on the economic and social conditions of the Palestinian
people,
Reaffirming the need for the resumption and accelerated advancement of
negotiations within the Middle East peace process, on the basis of Security Council
resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978
and 1397 (2002) of 12 March 2002, the principle of land for peace, the Arab Peace
Initiative4F
5 and the Quartet performance-based road map to a permanent two-State
solution to the Israeli-Palestinian conflict,5F
6 as endorsed by the Security Council in its
resolution 1515 (2003) of 19 November 2003 and supported by the Council in its
resolution 1850 (2008) of 16 December 2008, for the achievement of a final
settlement on all tracks,
Noting the Israeli withdrawal from within the Gaza Strip and parts of the
northern West Bank and the importance of the dismantlement of settlements therein
in the context of the road map, and stressing in this regard the road map obligation
_______________
3 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
4 Environmental Assessment of the Gaza Strip following the Escalation of Hostilities in December
2008–January 2009 (United Nations publication, Sales No. E.09.III.D.30).
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
A/RES/65/179
3
upon Israel to freeze settlement activity, including so-called “natural growth”, and
to dismantle all settlement outposts erected since March 2001,
Stressing the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the note by the Secretary-General transmitting the report
prepared by the Economic and Social Commission for Western Asia on the
economic and social repercussions of the Israeli occupation on the living conditions
of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan,6F
7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land
and water;
2. Demands that Israel, the occupying Power, cease the exploitation,
damage, cause of loss or depletion, and endangerment of the natural resources in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the
final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
of Justice1H
3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to cease all actions harming
the environment, including the dumping of all kinds of waste materials in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan, which gravely threaten their natural resources, namely water and land
resources, and which pose an environmental, sanitation and health threat to the
civilian populations;
_______________
7 A/65/72-E/2010/13.
A/RES/65/179
4
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people;
8. Requests the Secretary-General to report to the General Assembly at its
sixty-sixth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and decides to include in the provisional agenda
of its sixty-sixth session the item entitled “Permanent sovereignty of the Palestinian
people in the Occupied Palestinian Territory, including East Jerusalem, and of the
Arab population in the occupied Syrian Golan over their natural resources”.
69th plenary meeting
20 December 2010
United Nations A/RES/66/225
General Assembly Distr.: General
29 March 2012
Sixty-sixth session
Agenda item 61
11-47232
*1147232*
Please rec cle ♲
Resolution adopted by the General Assembly on 22 December 2011
[on the report of the Second Committee (A/66/449)]
66/225. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 65/179 of 20 December 2010, and taking note of
Economic and Social Council resolution 2011/41 of 28 July 2011,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights,2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/66/225
2
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the Legal Consequences of the Construction of a
Wall in the Occupied Palestinian Territory, 3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its concern about the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, in particular in the Gaza Strip in the
recent period, which, inter alia, pollutes the environment and negatively affects the
water supply and other natural resources of the Palestinian people,
Taking note, in this regard, of the 2009 report by the United Nations
Environment Programme regarding the grave environmental situation in the Gaza
Strip,4 and stressing the need for follow-up to the recommendations contained therein,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, and of the dire socioeconomic consequences
in this regard,
Aware also of the detrimental impact on Palestinian natural resources being
caused by the unlawful construction of the wall by Israel, the occupying Power, in
the Occupied Palestinian Territory, including in and around East Jerusalem, and of
its grave effect as well on the economic and social conditions of the Palestinian
people,
Reaffirming the need for the resumption and accelerated advancement of
negotiations within the Middle East peace process, on the basis of Security Council
resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March
1978 and 1397 (2002) of 12 March 2002, the principle of land for peace, the Arab
Peace Initiative5 and the Quartet performance-based road map to a permanent two-
State solution to the Israeli-Palestinian conflict, 6 as endorsed by the Security
Council in its resolution 1515 (2003) of 19 November 2003 and supported by the
Council in its resolution 1850 (2008) of 16 December 2008, for the achievement of
a final settlement on all tracks,
Noting the Israeli withdrawal from within the Gaza Strip and parts of the
northern West Bank and the importance of the dismantlement of settlements therein
in the context of the road map, and calling in this regard for respect of the road map
_______________
3 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
4 Environmental Assessment of the Gaza Strip following the Escalation of Hostilities in
December 2008-January 2009 (United Nations publication, Sales No. E.09.III.D.30).
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
A/RES/66/225
3
obligation upon Israel to freeze settlement activity, including so-called “natural
growth”, and to dismantle all settlement outposts erected since March 2001,
Stressing the need for respect and preservation of the territorial unity, contiguity
and integrity of all of the Occupied Palestinian Territory, including East Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the note by the Secretary-General transmitting the report
prepared by the Economic and Social Commission for Western Asia on the
economic and social repercussions of the Israeli occupation on the living conditions
of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including
land, water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion, and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the
final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
of Justice3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to cease all actions harming
the environment, including the dumping of all kinds of waste materials in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan, which gravely threaten their natural resources, namely water and land
resources, and which pose an environmental, sanitation and health threat to the
civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people;
_______________
7 A/66/78-E/2011/13.
A/RES/66/225
4
8. Requests the Secretary-General to report to the General Assembly at its
sixty-seventh session on the implementation of the present resolution, including
with regard to the cumulative impact of the exploitation, damage and depletion by
Israel of natural resources in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan, and decides to include in the
provisional agenda of its sixty-seventh session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan
over their natural resources”.
91st plenary meeting
22 December 2011
United Nations A/RES/67/229*
General Assembly Distr.: General
9 April 2013
Sixty-seventh session
Agenda item 61
12-49234*
*1249234* Please recycle
Resolution adopted by the General Assembly on 21 December 2012
[on the report of the Second Committee (A/67/444)]
67/229. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 66/225 of 22 December 2011, and taking note of
Economic and Social Council resolution 2012/23 of 26 July 2012,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights,2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
_______________
* Reissued for technical reasons on 15 July 2013.
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/67/229
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
2/4
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the legal consequences of the construction of a
wall in the Occupied Palestinian Territory 3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its concern about the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, in particular in the Gaza Strip in the
recent period, which, inter alia, pollutes the environment and negatively affects the
water supply and other natural resources of the Palestinian people,
Taking note, in this regard, of the 2009 report by the United Nations
Environment Programme regarding the grave environmental situation in the Gaza
Strip, and stressing the need for follow-up to the recommendations contained
therein,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, including the destruction of orchards and
crops and the seizure of water wells by Israeli settlers, and of the dire
socioeconomic consequences in this regard,
Aware also of the detrimental impact on Palestinian natural resources being
caused by the unlawful construction of the wall by Israel, the occupying Power, in
the Occupied Palestinian Territory, including in and around East Jerusalem, and of
its grave effect as well on the economic and social conditions of the Palestinian
people,
Reaffirming the need for the resumption and accelerated advancement of
negotiations within the Middle East peace process, on the basis of Security Council
resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March
1978 and 1397 (2002) of 12 March 2002, the principle of land for peace, the Arab
Peace Initiative4 and the Quartet performance-based road map to a permanent two-
State solution to the Israeli-Palestinian conflict, 5 as endorsed by the Security
Council in its resolution 1515 (2003) of 19 November 2003 and supported by the
Council in its resolution 1850 (2008) of 16 December 2008, for the achievement of
a final peace settlement on all tracks,
Stressing in this regard the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural
growth”, and to dismantle all settlement outposts erected since March 2001,
_______________
3 See A/ES-10/273 and Corr.1.
4 A/56/1026-S/2002/932, annex II, resolution 14/221.
5 S/2003/529, annex.
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources A/RES/67/229
3/4
Stressing also the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the note by the Secretary-General transmitting the report
prepared by the Economic and Social Commission for Western Asia on the
economic and social repercussions of the Israeli occupation on the living conditions
of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan,6
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including
land, water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation,
damage, cause of loss or depletion, and endangerment of the natural resources in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, and Israeli settlers in the Occupied Palestinian Territory, including East
Jerusalem, and expresses the hope that this issue will be dealt with within the
framework of the final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
of Justice3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to cease all actions harming
the environment, including the dumping of all kinds of waste materials in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan, which gravely threaten their natural resources, namely water and land
resources, and which pose an environmental, sanitation and health threat to the
civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people;
8. Requests the Secretary-General to report to the General Assembly at its
sixty-eighth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
_______________
6 A/67/91-E/2012/13.
A/RES/67/229
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
4/4
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and decides to include in the provisional agenda
of its sixty-eighth session the item entitled “Permanent sovereignty of the
Palestinian people in the Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan over their natural
resources”.
61st plenary meeting
21 December 2012
United Nations A/RES/68/235
General Assembly Distr.: General
7 February 2014
Sixty-eighth session
Agenda item 61
13-45355 (E)
*1345355* Please recycle
Resolution adopted by the General Assembly on 20 December 2013
[on the report of the Second Committee (A/68/446)]
68/235. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 67/229 of 21 December 2012, and taking note of
Economic and Social Council resolution 2013/8 of 19 July 2013,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of 22 December
2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights, 2
and affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/68/235
Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources
2/4
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the legal consequences of the construction of a
wall in the Occupied Palestinian Territory, 3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Taking note of its resolution 67/19 of 29 November 2012,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its concern about the widespread destruction caused by Israel, the
occupying Power, to vital infrastructure, including water pipelines and sewage
networks, in the Occupied Palestinian Territory, in particular in the Gaza Strip,
which, inter alia, pollutes the environment and negatively affects the water supply
and other natural resources of the Palestinian people, and stressing the urgency of
the reconstruction and development of water infrastructure, including the project for
the desalination facility for the Gaza Strip,
Taking note, in this regard, of the 2009 report by the United Nations
Environment Programme regarding the grave environmental situation in the Gaza
Strip, and of the 2012 report, “Gaza in 2020: A liveable place?”, by the United
Nations country team in the Occupied Palestinian Territory, and stressing the need
for follow-up to the recommendations contained therein,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, including the destruction of orchards and
crops and the seizure of water wells by Israeli settlers, and of the dire
socioeconomic consequences in this regard,
Taking note of the report of the independent international fact-finding mission
to investigate the implications of the Israeli settlements on the civil, political,
economic, social and cultural rights of the Palestinian people throughout the
Occupied Palestinian Territory, including East Jerusalem,4
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Welcoming the resumption of negotiations within the Middle East peace process,
on the basis of Security Council resolutions 242 (1967), 338 (1973) of 22 October
1973, 425 (1978) of 19 March 1978 and 1397 (2002) of 12 March 2002, the principle
of land for peace, the Arab Peace Initiative5 and the Quartet performance-based road
_______________
3 See A/ES-10/273 and Corr.1.
4 A/HRC/22/63.
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources A/RES/68/235
3/4
map to a permanent two-State solution to the Israeli-Palestinian conflict,6 as endorsed
by the Security Council in its resolution 1515 (2003) of 19 November 2003 and
supported by the Council in its resolution 1850 (2008) of 16 December 2008, for the
achievement of a final peace settlement on all tracks,
Stressing in this regard the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural
growth”, and to dismantle all settlement outposts erected since March 2001,
Stressing also the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission
for Western Asia on the economic and social repercussions of the Israeli occupation
on the living conditions of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in the occupied
Syrian Golan, as transmitted by the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including
land, water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion, or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, and Israeli settlers in the Occupied Palestinian Territory, including East
Jerusalem, and expresses the hope that this issue will be dealt with within the
framework of the final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
of Justice3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including
the dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
_______________
6 S/2003/529, annex.
7 A/68/77-E/2013/13.
A/RES/68/235
Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources
4/4
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines and sewage networks, which, inter alia, has a negative
impact on the natural resources of the Palestinian people, and stresses the need to
advance reconstruction and development projects in this regard, including in the
Gaza Strip;
8. Requests the Secretary-General to report to the General Assembly at its
sixty-ninth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and decides to include in the provisional agenda
of its sixty-ninth session the item entitled “Permanent sovereignty of the Palestinian
people in the Occupied Palestinian Territory, including East Jerusalem, and of the
Arab population in the occupied Syrian Golan over their natural resources”.
71st plenary meeting
20 December 2013
United Nations A/RES/69/241
General Assembly Distr.: General
2 February 2015
Sixty-ninth session
Agenda item 60
14-67818 (E)
*1467818* Please recycle
Resolution adopted by the General Assembly on 19 December 2014
[on the report of the Second Committee (A/69/475)]
69/241. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 68/235 of 20 December 2013, and taking note of
Economic and Social Council resolution 2014/26 of 16 July 2014,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights,2
and affirming that these human rights instruments must be respected in the
Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied
Syrian Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the legal consequences of the construction of a
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/69/241
Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources
2/4
wall in the Occupied Palestinian Territory, 3 and recalling further its resolutions
ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine, on 1 April 2014, to several human
rights treaties and the core humanitarian law treaties,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines,
sewage networks and electricity networks, in the Occupied Palestinian Territory, in
particular in the Gaza Strip during the military operations of July and August 2014,
which, inter alia, pollutes the environment and negatively affects the functioning of
water and sanitation systems and the water supply and other natural resources of the
Palestinian people, and stressing the urgency of the reconstruction and development
of water and other vital civilian infrastructure, including the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of the thousands of
items of unexploded ordnance that remain in the Gaza Strip as a result of the
conflict in July and August 2014,
Recalling, in this regard, the 2009 report by the United Nations Environment
Programme regarding the grave environmental situation in the Gaza Strip, and the
2012 report, “Gaza in 2020: A liveable place?”, by the United Nations country team
in the Occupied Palestinian Territory, and stressing the need for follow-up to the
recommendations contained therein,
Aware of the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, including the destruction of orchards and
crops and the seizure of water wells by Israeli settlers, and of the dire
socioeconomic consequences in this regard,
Recalling the report of the independent international fact-finding mission to
investigate the implications of the Israeli settlements on the civil, political,
economic, social and cultural rights of the Palestinian people throughout the
Occupied Palestinian Territory, including East Jerusalem,4
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
_______________
3 See A/ES-10/273 and Corr.1.
4 A/HRC/22/63.
Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources A/RES/69/241
3/4
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli
occupation that began in 1967 and a just, lasting and comprehensive peace
settlement on all tracks, on the basis of Security Council resolutions 242 (1967),
338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of
12 March 2002, the principle of land for peace, the Arab Peace Initiative5 and the
Quartet performance-based road map to a permanent two-State solution to the
Israeli-Palestinian conflict,6 as endorsed by the Security Council in its resolution
1515 (2003) of 19 November 2003 and supported by the Council in its resolution
1850 (2008) of 16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural
growth”, and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission
for Western Asia on the economic and social repercussions of the Israeli occupation
on the living conditions of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in the occupied
Syrian Golan, as transmitted by the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including
land, water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation,
damage, cause of loss or depletion and endangerment of the natural resources in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, and Israeli settlers in the Occupied Palestinian Territory, including East
Jerusalem, and expresses the hope that this issue will be dealt with within the
framework of the final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
_______________
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
7 A/69/81-E/2014/13.
A/RES/69/241
Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East
Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources
4/4
of Justice3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, with
respect to the alteration of the character and status of the Occupied Palestinian
Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including
the dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Calls upon Israel to cease its destruction of vital infrastructure, including
water pipelines, sewage networks and electricity networks, which, inter alia, has a
negative impact on the natural resources of the Palestinian people, stresses the
urgent need to advance reconstruction and development projects in this regard,
including in the Gaza Strip, and calls for support for the necessary efforts in this
regard, in line with the commitments made at, inter alia, the Cairo International
Conference on Palestine: Reconstructing Gaza, held on 12 October 2014;
8. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the United Nations Mine Action
Service in this regard;
9. Requests the Secretary-General to report to the General Assembly at its
seventieth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and decides to include in the provisional agenda
of its seventieth session the item entitled “Permanent sovereignty of the Palestinian
people in the Occupied Palestinian Territory, including East Jerusalem, and of the
Arab population in the occupied Syrian Golan over their natural resources”.
75th plenary meeting
19 December 2014
United Nations A/RES/70/225
General Assembly Distr.: General
23 February 2016
Seventieth session
Agenda item 64
15-16979 (E)
*1516979* Please recycle
Resolution adopted by the General Assembly on 22 December 2015
[on the report of the Second Committee (A/70/480)]
70/225. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 69/241 of 19 December 2014, and taking note of
Economic and Social Council resolution 2015/17 of 20 July 2015,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including re solutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights, 2
and affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the legal consequences of the construction of a wall
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/70/225
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources
2/4
in the Occupied Palestinian Territory,3 and recalling further its resolutions ES -10/15
of 20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treaties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Oc cupied Palestinian
Territory, including the uprooting of a vast number of fruit -bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines,
sewage networks and electricity networks, in the Occupied Palestinian Territory, in
particular in the Gaza Strip during the military operations of Ju ly and August 2014,
which, inter alia, has polluted the environment and which negatively affects the
functioning of water and sanitation systems and the water supply and other natural
resources of the Palestinian people, and stressing the urgency of the re construction
and development of water and other vital civilian infrastructure, including the
project for the desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of the thousands of
items of unexploded ordnance that remain in the Gaza Strip as a result of the
conflict in July and August 2014,
Recalling the 2009 report by the United Nations Environment Programme
regarding the grave environme ntal situation in the Gaza Strip, and the 2012 report,
“Gaza in 2020: A liveable place?”, by the United Nations country team in the
Occupied Palestinian Territory, and stressing the need for follow -up to the
recommendations contained therein,
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, including the destruction of orchards and
crops and the seizure of water wells by Israeli settlers, and of the dire
socioeconomic consequences in this regard,
Recalling the report of the independent international fact -finding mission to
investigate the implications of the Israeli settlements on the civil, political,
economic, social and cultural rights of the Palestinian people throughout the
Occupied Palestinian Territory, including East Jerusalem, 4
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
_______________
3 See A/ES-10/273 and Corr.1.
4 A/HRC/22/63.
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources A/RES/70/225
3/4
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli
occupation that began in 1967 and a just, lasting and comprehensive peace
settlement on all tracks, on the basis of Security Council resolutions 242 (1967),
338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of
12 March 2002, the principle of land for peace, the Arab Peace Initiative 5 and the
Quartet performance-based road map to a permanent two -State solution to the
Israeli-Palestinian conflict, 6 as endorsed by the Security Council in its resolution
1515 (2003) of 19 November 2003 and supported by the Council in its resolution
1850 (2008) of 16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural
growth”, and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission
for Western Asia on the economic and social repercussions of the Israeli occupation
on the living conditions of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in the occupied
Syrian Golan, as transmitted b y the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including
land, water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation,
damage, cause of loss or depletion and endangerment of the natural resources in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian
Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
Power, and Israeli settlers in the Occupied Palestinian Territory, incl uding East
Jerusalem, and expresses the hope that this issue will be dealt with within the
framework of the final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
_______________
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
7 A/70/82-E/2015/13.
A/RES/70/225
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources
4/4
of Justice3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including
the dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, which, inter
alia, has a negative impact on the natural resources of the Palestinian people,
stresses the urgent need to advance reconstruction and development projects in this
regard, including in the Gaza Strip, and calls for support for the necessary efforts in
this regard, in line with the commitments made at, inter alia, the Cairo International
Conference on Palestine: Reconstructing Gaza, held on 12 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment
plants in the Gaza Strip and the reconstruction and development of water
infrastructure, including the project for the desalination facility for the Gaza Strip;
9. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the United Nations Mine Action
Service in this regard, and welcomes the efforts exerted by the Mine Action Service
to date;
10. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international
law with regard to all illegal Israeli practices and measures in the Occupied
Palestinian Territory, including East Jerusalem, particularly Israeli settlement
activities and the exploitation of natural resources;
11. Requests the Secretary-General to report to the General Assembly at its
seventy-first session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and decides to include in the provisional agenda
of its seventy-first session the item entitled “Permanent sovereignty of the
Palestinian people in the Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan over their natural
resources”.
81st plenary meeting
22 December 2015
United Nations A/RES/71/247
General Assembly Distr.: General
7 February 2017
Seventy-first session
Agenda item 59
16-22830 (E)
*1622830* Please recycle
Resolution adopted by the General Assembly on 21 December 2016
[on the report of the Second Committee (A/71/470)]
71/247. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 70/225 of 22 December 2015, and taking note of
Economic and Social Council resolution 2016/14 of 25 July 2016,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under
foreign occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition o f territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November
1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, So cial and Cultural Rights,2
and affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
_______________
1 United Nations, Treaty Series, vol. 75, No. 973.
2 See resolution 2200 A (XXI), annex.
A/RES/71/247
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources
2/5
Recalling also the advisory opinion rendered on 9 July 2004 by the
International Court of Justice on the legal consequences of the construction of a wall
in the Occupied Palestinian Territory, 3 and recalling further its resolutions ES-10/15
of 20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treatie s and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power,
of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vas t number of fruit-bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines,
sewage networks and electricity networks, in the Occupied Palestinian Territory, in
particular in the Gaza Strip during the military operations of July and August 2014,
which, inter alia, has polluted the enviro nment and which negatively affects the
functioning of water and sanitation systems and the water supply and other natural
resources of the Palestinian people, and stressing the urgency of the reconstruction
and development of water and other vital civilian infrastructure, including the
project for the desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014,
and commending the efforts of the Mine Action Service of the United Nations for
the safe removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza
Strip and its detrimental impact on the operation of water and sanitation facilities,
which threaten to further erode groundwater resources, of which only 5 per cent
remains potable,
Recalling the 2009 report by the United Nations Environment Programm e
regarding the grave environmental situation in the Gaza Strip, and the 2012 and
2016 reports by the United Nations country team, entitled “Gaza in 2020: a liveable
place?” and “Gaza: two years after”, respectively, and stressing the need for follow
up to the recommendations contained therein,
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and
the forced diversion of water resources, including the destruction of orchards and
crops and the seizure of water wells by Israeli settlers, and of the dire
socioeconomic consequences in this regard,
_______________
3 See A/ES-10/273 and Corr.1.
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources A/RES/71/247
3/5
Recalling the report of the independent international fact -finding mission to
investigate the implications of the Israeli settlements on the civil, political,
economic, social and cultural rights of the Palestinian people throughout the
Occupied Palestinian Territory, including East Jerusalem, 4
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jeru salem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli
occupation that began in 1967 and a just, lasting and comprehensive peace
settlement on all tracks, on the basis of Security Council resolutions 242 (1967),
338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of
12 March 2002, the principle of land for peace, the Arab Peace Initiative 5 and the
Quartet performance-based road map to a permanent two -State solution to the
Israeli-Palestinian conflict, 6 as endorsed by the Security Council in its resolution
1515 (2003) of 19 November 2003 and supported by the Council in its resolution
1850 (2008) of 16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so -called “natural
growth”, and to dismantle all settlement outpo sts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling the need to end all acts of violenc e, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission
for Western Asia on the economic and social repercussions of the Israeli occupation
on the living conditions of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in the occupied
Syrian Golan, as transmitted by the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and o f the
population of the occupied Syrian Golan over their natural resources, including
land, water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their
natural resources resulting from illegal measures taken by Israel, the occupying
_______________
4 A/HRC/22/63.
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
7 A/71/86-E/2016/13.
A/RES/71/247
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources
4/5
Power, and Israeli settlers in the Occupied Palestinian Territory, including East
Jerusalem, and expresses the hope that this issue will be dealt with within the
framework of the final status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with the legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
of Justice3 and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration of
the character and status of the Occupied Palestinian Territory, including East Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including
the dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resour ces, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, and to ceas e
its demolition and confiscation of Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the urgent need to advance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Conference on Palestine:
Reconstructing Gaza, held on 12 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment
plants in the Gaza Strip and the reconstruction and development of wate r
infrastructure, including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of the
United Nations in this regard, and welcomes the extensive efforts exerted by the
Mine Action Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international
law with regard to all illegal Israeli practices and measures in the Occupied
Palestinian Territory, including East Jerusalem, parti cularly Israeli settlement
activities and the exploitation of natural resources;
12. Requests the Secretary-General to report to the General Assembly at its
seventy-second session on the implementation of the present resolution, including
with regard to the cumulative impact of the exploitation, damage and depletion by
Israel of natural resources in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan, and decides to include in the
provisional agenda of its seventy-second session the item entitled “Permanent
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources A/RES/71/247
5/5
sovereignty of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan
over their natural resources”.
66th plenary meeting
21 December 2016
United Nations A/RES/72/240
General Assembly
Distr.: General
18 January 2018
17-23321 (E) 230118
*1723321*
Seventy-second session
Agenda item 63
Resolution adopted by the General Assembly
on 20 December 2017
[on the report of the Second Committee (A/72/428)]
72/240. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 71/247 of 21 December 2016, and taking note of
Economic and Social Council resolution 2017/30 of 25 July 2017,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of 22 December
2004,
Reaffirming the principle of the permanent sovereignty of peoples under foreign
occupation over their natural resources,
Guided by the principles of the Charter of the United Natio ns, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant Security
Council resolutions, including resolutions 24 2 (1967) of 22 November 1967,
465 (1980) of 1 March 1980, 497 (1981) of 17 December 1981 and 2334 (2016) of
23 December 2016,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development ”,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 1 2 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
__________________
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/72/240
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources
2/5 17-23321
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, So cial and Cultural Rights,2 and
affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory,3 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights trea ties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East Jerusalem ,
and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit-bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage
networks and electricity networks, in the Occupied Palestinian Territory, in particular
in the Gaza Strip during the military operations of July and August 2014, which, inter
alia, has polluted the environment and which negatively affects the functioning of
water and sanitation systems and the water supply and other natural resources of the
Palestinian people, and stressing the urgency of the reconstruction and development
of water and other vital civilian infrastructure, including the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014, and
commending the efforts of the Mine Action Service of the United Nations for the safe
removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza Strip
and its detrimental impact on the operation of water and sanitation facilities, which
threaten to further erode groundwater resources, of which only 5 per cent remains
potable,
Recalling the 2009 report by the United Nations Environment Progr amme
regarding the grave environmental situation in the Gaza Strip, and relevant reports by
the United Nations country team, including “Gaza in 2020: a liveable place?”, “Gaza:
two years after” and “Gaza ten years later”, and stressing the need for follow-up to
the recommendations contained therein,
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and the
forced diversion of water resources, inclu ding the destruction of orchards and crops
__________________
2 See resolution 2200 A (XXI), annex.
3 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources A/RES/72/240
17-23321 3/5
and the seizure of water wells by Israeli settlers, and of the dire socioeconomic
consequences in this regard,
Recalling the report of the independent international fact -finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic,
social and cultural rights of the Palestinian people throughout the Occupied
Palestinian Territory, including East Jerusalem, 4
Aware of the detrimental impact on Palestinian natural resou rces being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestini an people,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967 and a just, lasting and comprehensive peace settlement on all
tracks, on the basis of Security Council resolutions 24 2 (1967), 338 (1973) of
22 October 1973, 425 (1978) of 19 March 1978, 1397 (2002) of 12 March 2002 and
2334 (2016), the principle of land for peace, the Arab Peace Initiative 5 and the Quartet
performance-based road map to a permanent two -State solution to the Israeli-
Palestinian conflict,6 as endorsed by the Council in its resolution 1515 (2003) of
19 November 2003 and supported by the Council in its resolution 1850 (2008) of
16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, in cluding so-called “natural growth”,
and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling that the Security Council, in its resolution 2334 (2016), 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,
Recalling also the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commi ssion for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan,
as transmitted by the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land,
water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their natural
resources resulting from illegal measures taken by Israel, the occupying Power, and
Israeli settlers in the Occup ied Palestinian Territory, including East Jerusalem, and
__________________
4 A/HRC/22/63.
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
7 A/71/86-E/2016/13.
A/RES/72/240
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources
4/5 17-23321
expresses the hope that this issue will be dealt with within the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligations
affirmed in the 9 July 2004 advisory opinion of the International Court of Justice 3 and
in relevant United Nations resolutions, including General Assembly resolution
ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including the
dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, and to cease its
demolition and confiscation of Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the urgent need to advance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Confer ence on Palestine:
Reconstructing Gaza, held on 1 2 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment plants
in the Gaza Strip and the reconstruction and development of water infrastructure,
including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of the United
Nations in this regard, and welcomes the extensive efforts exerted by the Mine Action
Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international law
with regard to all illegal Israeli practices and measures in the Occupied Palestinian
Territory, including East Jerusalem, particularly Israeli settlement activities and the
exploitation of natural resources;
12. Underscores, in this regard, the call by the Security Council, in its
resolution 2334 (2016), upon all States to distinguish, in their relevant dealings,
between the territory of the State of Israel and the territories occupied since 1967;
13. Requests the Secretary-General to report to the General Assembly at its
seventy-third session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population
in the occupied Syrian Golan over their natural resources A/RES/72/240
17-23321 5/5
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and with regard to the impact of such practices on
the promotion of the Sustainable Development Go als,8 and decides to include in the
provisional agenda of its seventy-third session the item entitled “Permanent
sovereignty of the Palestinian peo ple in the Occupied Palestinian Territory, including
East Jerusalem, and of the Arab population in the occupied Syrian Golan over their
natural resources”.
74th plenary meeting
20 December 2017
__________________
8 See resolution 70/1.
United Nations A/RES/73/255*
General Assembly
Distr.: General
15 January 2019
18-22636* (E) 070319
*1822636*
Seventy-third session
Agenda item 64
Resolution adopted by the General Assembly
on 20 December 2018
[on the report of the Second Committee (A/73/546)]
73/255. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
The General Assembly,
Recalling its resolution 72/240 of 20 December 2017, and taking note of
Economic and Social Council resolution 2018/20 of 24 July 2018,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under foreign
occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant Security
Council resolutions, including resolutions 242 (1967) of 22 November 1967,
465 (1980) of 1 March 1980, 497 (1981) of 17 December 1981 and 2334 (2016) of
23 December 2016,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development ”,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 1 2 August 1949,1 to the Occupied
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
__________________
* Reissued for technical reasons on 7 March 2019.
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/73/255
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in
the occupied Syrian Golan over their natural resources
2/5 18-22636
Recalling, in this regard, the International Covenant on Civil and Political Rights 2
and the International Covenant on Economic, Social and Cultural Rights, 2 and affirming
that these human rights instruments must be respected in the Occupied Palestinian
Territory, including East Jerusalem, as well as in the occu pied Syrian Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory, 3 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treaties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East Jerusalem,
and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit -bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage
networks and electricity networks, in the Occupied Palestinian Territory, in particular
in the Gaza Strip during the military operations of July and August 2014, which, inter
alia, has polluted the environment and which ne gatively affects the functioning of
water and sanitation systems and the water supply and other natural resources of the
Palestinian people, and stressing the urgency of the reconstruction and development
of water and other vital civilian infrastructure, i ncluding the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014, and
commending the efforts of the Mine Action Service of the United Nations for the safe
removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza Strip
and its detrimental impact on the operation of water and sanitation facilities, which
threaten to further erode groundwater resources, of which only 5 per cent remains
potable,
Recalling the 2009 report by the United Nations Environment Programme
regarding the grave environmental situation in the Gaza Strip, and relevant reports by
the United Nations country team, including “Gaza in 2020: a liveable place?”, “Gaza:
two years after” and “Gaza ten years later”, and stressing the need for follow-up to
the recommendations contained therein,
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and the
forced diversion of water resources, including the destruction of orchards and crops
and the seizure of water wells by Israeli settlers, and of the dire socioeconomic
consequences in this regard,
__________________
2 See resolution 2200 A (XXI), annex.
3 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in
the occupied Syrian Golan over their natural resources A/RES/73/255
18-22636 3/5
Recalling the report of the independent international fact -finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic,
social and cultural rights of the Palestinian people throughout the Occupied
Palestinian Territory, including East Jerusalem, 4
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967 and a just, lasting and comprehensive peace settlement on all
tracks, on the basis of Security Council resolutions 242 (1967), 338 (1973) of
22 October 1973, 425 (1978) of 19 March 1978, 1397 (2002) of 12 March 2002 and
2334 (2016), the principle of land for peace, the Arab Peace Initiative 5 and the Quartet
performance-based road map to a permanent two -State solution to the Israeli-
Palestinian conflict, 6 as endorsed by the Council in its resolution 1515 (2003) of
19 November 2003 and supported by the Council in its resolution 1850 (2008) of
16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural growth”,
and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Pal estinian Territory, including East
Jerusalem,
Recalling that the Security Council, in its resolution 2334 (2016), 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,
Recalling also the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economi c and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in th e occupied Syrian Golan,
as transmitted by the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land,
water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their natural
resources resulting from illegal measures taken by Israel, the occupying Power, and
Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the final
status negotiations between the Palestinian and Israeli sides;
__________________
4 A/HRC/22/63.
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
7 A/73/87-E/2018/69.
A/RES/73/255
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in
the occupied Syrian Golan over their natural resources
4/5 18-22636
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligations
affirmed in the 9 July 2004 advisory opinion of the International Court of Justice3 and in
relevant United Nations resolutions, including General Assembly resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including the
dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and elect ricity networks, and to cease its
demolition and confiscation of Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the u rgent need to advance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Conference on Palestine:
Reconstructing Gaza, held on 1 2 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment plants
in the Gaza Strip and the reconstruc tion and development of water infrastructure,
including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of the United
Nations in this regard, and welcomes the extensive efforts exerted by the Mine Action
Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international law
with regard to all illegal Israeli practices and measures in the Occupied Palestinian
Territory, including East Jerusalem, particularly Israeli settlement activities and the
exploitation of natural resources;
12. Underscores, in this regard, the call by the Security Council, in its
resolution 2334 (2016), upon all States to distinguish, in their relevant dealings,
between the territory of the State of Israel and the territories occupied since 1967;
13. Requests the Secretary-General to report to the General Assembly at its
seventy-fourth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and with regard to the impact of such practices on
Permanent sovereignty of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in
the occupied Syrian Golan over their natural resources A/RES/73/255
18-22636 5/5
the promotion of the Sustainable Development Goals, 8 and decides to include in the
provisional agenda of its seventy-fourth session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory, including
East Jerusalem, and of the Arab population in the occupied Syrian Golan over their
natural resources”.
62nd plenary meeting
20 December 2018
__________________
8 See resolution 70/1.
United Nations A/RES/74/243
General Assembly
Distr.: General
17 January 2020
19-22518 (E) 200120
*1922518*
Seventy-fourth session
Agenda item 60
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
Resolution adopted by the General Assembly
on 19 December 2019
[on the report of the Second Committee (A/74/387)]
74/243. Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their
natural resources
The General Assembly,
Recalling its resolution 73/255 of 20 December 2018, and taking note of
Economic and Social Council resolution 2019/29 of 23 July 2019,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of
22 December 2004,
Reaffirming the principle of the permanent sovereignty of peoples under foreign
occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant Security
Council resolutions, including resolutions 242 (1967) of 22 November 1967,
465 (1980) of 1 March 1980, 497 (1981) of 17 December 1981 and 2334 (2016) of
23 December 2016,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development ”,
Reaffirming the applicability of the Geneva Co nvention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 1 to the Occupied
__________________
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/74/243
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
2/5 19-22518
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights, 2 and
affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as we ll as in the occupied Syrian
Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory, 3 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treaties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East Jerusalem,
and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit -bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage
networks and electricity networks, in the Occupied Palesti nian Territory, in particular
in the Gaza Strip during the military operations of July and August 2014, which, inter
alia, has polluted the environment and which negatively affects the functioning of
water and sanitation systems and the water supply and ot her natural resources of the
Palestinian people, and stressing the urgency of the reconstruction and development
of water and other vital civilian infrastructure, including the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014, and
commending the efforts of the Mine Action Service of the United Nations for the safe
removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza Strip
and its detrimental impact on the operation of water and sanitation facilities, which
threaten to further erode groundwater resources, of which only 5 per cent remains
potable,
Recalling the 2009 report by the United Nations Environment Programme
regarding the grave environmental situation in the Gaza Strip, and relevant reports by
the United Nations country team, incl uding “Gaza in 2020: a liveable place?”, “Gaza:
two years after” and “Gaza ten years later”, and stressing the need for follow-up to
the recommendations contained therein,
__________________
2 See resolution 2200 A (XXI), annex.
3 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources A/RES/74/243
19-22518 3/5
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of land and the
forced diversion of water resources, including the destruction of orchards and crops
and the seizure of water wells by Israeli settlers, and of the dire socioeconomic
consequences in this regard,
Recalling the report of the independent international fact -finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic,
social and cultural rights of the Palestinian people througho ut the Occupied
Palestinian Territory, including East Jerusalem, 4
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967 and a just, lasting and comprehensive peace settlement on all
tracks, on the basis of Security Council resolutions 242 (1967), 338 (1973) of
22 October 1973, 425 (1978) of 19 March 1978, 1397 (2002) of 12 March 2002 and
2334 (2016), the principle of land for peace, the Arab Peace Initiative5 and the Quartet
performance-based road map to a permanent two -State solution to the Israeli-
Palestinian conflict, 6 as endorsed by the Council in its resolution 1515 (2003) of
19 November 2003 and supported by the Council in its resolution 1850 (2008) of
16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so -called “natural growth”,
and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling that the Security Council, in its resolution 2334 (2016), underlined
that it would not recognize any changes to the 4 June 19 67 lines, including with regard
to Jerusalem, other than those agreed by the parties through negotiations,
Recalling also the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan,
as transmitted by the Secretary-General,7
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land,
water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Sy rian Golan;
__________________
4 A/HRC/22/63.
5 A/56/1026-S/2002/932, annex II, resolution 14/221.
6 S/2003/529, annex.
7 A/74/88-E/2019/72.
A/RES/74/243
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
4/5 19-22518
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their natural
resources resulting from illegal measures taken by Israel, the occupying Power, and
Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligations
affirmed in the 9 July 2004 advisory opinion of the International Court of Justice 3 and
in relevant United Nations resolutions, including General Assembly resolution
ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including the
dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, and to cease its
demolition and confiscation of Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the urgent need to ad vance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Conference on Palestine:
Reconstructing Gaza, held on 12 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment plants
in the Gaza Strip and the reconstruction and develop ment of water infrastructure,
including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of the United
Nations in this regard, and welcomes the extensive efforts exerted by the Mine Action
Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international law
with regard to all illegal Israeli practices and measures in the Occupied Palestinian
Territory, including East Jerusalem, particularly Israeli settlement activities and the
exploitation of natural resources;
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources A/RES/74/243
19-22518 5/5
12. Underscores, in this regard, the call by the Security Council, in its
resolution 2334 (2016), upon all States to distinguish, in their relevant dealings,
between the territory of the State of Israel and the territories occupied since 1967;
13. Requests the Secretary-General to report to the General Assembly at its
seventy-fifth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and with regard to the impact of such practices on
the promotion of the Sustainable Development Goals, 8 and decides to include in the
provisional agenda of its seventy-fifth session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory, including
East Jerusalem, and of the Arab population in the occupied Syrian Golan over their
natural resources”.
52nd plenary meeting
19 December 2019
__________________
8 See resolution 70/1.
United Nations A/RES/75/236
General Assembly
Distr.: General
30 December 2020
20-17654 (E) 070121
*2017654*
Seventy-fifth session
Agenda item 62
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
Resolution adopted by the General Assembly
on 21 December 2020
[on the report of the Second Committee (A/75/465, para. 11)]
75/236. Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their
natural resources
The General Assembly,
Recalling its resolution 74/243 of 19 December 2019, and taking note of
Economic and Social Council resolution 2021/4 of 14 September 2020,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of 22 December
2004,
Reaffirming the principle of the permanent sovereignty of peoples under foreign
occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant
Security Council resolutions, including resolutions 242 (1967) of 22 November 1967,
465 (1980) of 1 March 1980, 497 (1981) of 17 December 1981 and 2334 (2016) of
23 December 2016,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 1 to the Occupied
__________________
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/75/236
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
2/5 20-17654
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights,3 and
affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory,4 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treaties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East Jerusalem,
and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupie d Palestinian
Territory, including the uprooting of a vast number of fruit -bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage
networks and electricity networks, in the Occupied Palestinian Territory, in particular
in the Gaza Strip during the military operations of July and August 2014, which, inter
alia, has polluted the environment and which negatively affects the functioning of
water and sanitation systems and the water supply and other natural resources of the
Palestinian people, and stressing the urgency of the reconst ruction and development
of water and other vital civilian infrastructure, including the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014, and
commending the efforts of the Mine Action Service of the United Nations for the safe
removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza Strip
and its detrimental impact on the operation of water and sanitation facilities, which
threaten to further erode groundwater resources, of which only 5 per cent remains
potable,
Recalling the 2009 report by the United Nations Environment Programme
regarding the grave environmental situation in the Gaza Strip, and relevant reports by
the United Nations country team, including “Gaza in 2020: a liveable place?”, “Gaza:
two years after” and “Gaza ten years later”, and stressing the need for follow-up to
the recommendations contained therein,
__________________
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources A/RES/75/236
20-17654 3/5
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result of the confiscation of l and and the
forced diversion of water resources, including the destruction of orchards and crops
and the seizure of water wells by Israeli settlers, and of the dire socioeconomic
consequences in this regard,
Recalling the report of the independent international fact-finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic,
social and cultural rights of the Palestinian people throughout the Occupied
Palestinian Territory, including East Jerusalem,5
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967 and a just, lasting and comprehensive peace settlement on all
tracks, on the basis of Security Council resolutions 242 (1967), 338 (1973) of
22 October 1973, 425 (1978) of 19 March 1978, 1397 (2002) of 12 March 2002 and
2334 (2016), the principle of land for peace, the Arab Peace Initiative6 and the Quartet
performance-based road map to a permanent two-State solution to the Israeli-
Palestinian conflict,7 as endorsed by the Council in its resolution 1515 (2003) of
19 November 2003 and supported by the Council in its resolution 1850 (2008) of
16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural growth”,
and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, includi ng East
Jerusalem,
Recalling that the Security Council, in its resolution 2334 (2016), 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,
Recalling also the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan ,
as transmitted by the Secretary-General,8
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land,
water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
__________________
5 A/HRC/22/63.
6 A/56/1026-S/2002/932, annex II, resolution 14/221.
7 S/2003/529, annex.
8 A/75/86-E/2020/62.
A/RES/75/236
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
4/5 20-17654
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their natural
resources resulting from illegal measures taken by Israel, the occupying Power, and
Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructe d by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their
natural resources, and calls in this regard for full compliance with th e legal
obligations affirmed in the 9 July 2004 advisory opinion of the International Court
of Justice and in relevant United Nations resolutions, including General Assembly
resolution ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including the
dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, and to cease its
demolition and confiscation of Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the urgent need to advance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Conference on Palestine:
Reconstructing Gaza, held on 12 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment plants
in the Gaza Strip and the reconstruction and development of water infrastructure,
including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of the United
Nations in this regard, and welcomes the extensive efforts exerted by the Mine Action
Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international law
with regard to all illegal Israeli practices and measures in the Occupied Palestinian
Territory, including East Jerusalem, particularly Israeli settlement activities and the
exploitation of natural resources;
Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources A/RES/75/236
20-17654 5/5
12. Underscores, in this regard, the call by the Security Council, in its
resolution 2334 (2016), upon all States to distinguish, in their relevant dealings,
between the territory of the State of Israel and the territories occupied since 1967;
13. Requests the Secretary-General to report to the General Assembly at its
seventy-sixth session on the implementation of the present resolution, including with
regard to the cumulative impact of the exploitation, damage and depletion by Israel
of natural resources in the Occupied Palestinian Territory, including East Jerusalem,
and in the occupied Syrian Golan, and with regard to the impact of such practices on
the promotion of the Sustainable Development Goals, 9 and decides to include in the
provisional agenda of its seventy-sixth session the item entitled “Permanent
sovereignty of the Palestinian people in the Occupied Palestinian Territory, including
East Jerusalem, and of the Arab population in the occupied Syrian Golan over their
natural resources”.
48th plenary meeting
21 December 2020
__________________
9 See resolution 70/1.
United Nations A/RES/76/225
General Assembly
Distr.: General
11 January 2022
21-19290 (E) 140122
*2119290*
Seventy-sixth session
Agenda item 64
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
Resolution adopted by the General Assembly
on 17 December 2021
[on the report of the Second Committee (A/76/540, para. 15)]
76/225. Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and
of the Arab population in the occupied Syrian Golan over their
natural resources
The General Assembly,
Recalling its resolution 75/236 of 21 December 2020, and taking note of
Economic and Social Council resolution 2021/4 of 14 September 2020,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of 22 December
2004,
Reaffirming the principle of the permanent sovereignty of peoples under foreign
occupation over their natural resources,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant Sec urity
Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465
(1980) of 1 March 1980, 497 (1981) of 17 December 1981 and 2334 (2016) of
23 December 2016,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 1 to the Occupied
__________________
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/76/225
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and of
the Arab population in the occupied Syrian Golan over their
natural resources
2/5 21-19290
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights, 3 and
affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory, 4 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treaties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East Jerusalem,
and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit -bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage
networks and electricity networks, in the Occupied Palest inian Territory, in particular
in the Gaza Strip during the military operations of July and August 2014, which, inter
alia, has polluted the environment and which negatively affects the functioning of
water and sanitation systems and the water supply and other natural resources of the
Palestinian people, and stressing the urgency of the reconstruction and development
of water and other vital civilian infrastructure, including the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014, and
commending the efforts of the Mine Action Service of the United Nations for the safe
removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza Strip
and its detrimental impact on the operation of water and sanitation facilities, which
threaten to further erode groundwater resources, of which only 5 per cent remains
potable,
Recalling the 2009 report by the United Nations Environment Programme
regarding the grave environmental situation in the Gaza Strip, and relevant reports by
the United Nations country team, including “Gaza in 2020: a liveable place?”, “Gaza:
two years after” and “Gaza ten years later”, and stressing the need for follow -up to
the recommendations contained therein,
__________________
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and of
the Arab population in the occupied Syrian Golan over their
natural resources A/RES/76/225
21-19290 3/5
Deploring the detrimental impact of the Israeli settlements on Pal estinian and
other Arab natural resources, especially as a result of the confiscation of land and the
forced diversion of water resources, including the destruction of orchards and crops
and the seizure of water wells by Israeli settlers, and of the dire s ocioeconomic
consequences in this regard,
Recalling the report of the independent international fact -finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic,
social and cultural rights of the Palestinia n people throughout the Occupied
Palestinian Territory, including East Jerusalem, 5
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967 and a just, lasting and comprehensive peace settlement on all
tracks, on the basis of Security Council resolutions 242 (1967), 338 (1973) of
22 October 1973, 425 (1978) of 19 March 1978, 1397 (2002) of 12 March 2002 and
2334 (2016), the principle of land for peace, the Arab Peace Initiative6 and the Quartet
performance-based road map to a permanent two-State solution to the Israeli-
Palestinian conflict,7 as endorsed by the Council in its resolution 1515 (2003) of
19 November 2003 and supported by the Council in its resolution 1850 (2008) of
16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so -called “natural growth”,
and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory, including East
Jerusalem,
Recalling that the Security Council, in its resolution 2334 (2016), 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,
Recalling also the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan,
as transmitted by the Secretary-General,8
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land,
water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
__________________
5 A/HRC/22/63.
6 A/56/1026-S/2002/932, annex II, resolution 14/221.
7 S/2003/529, annex.
8 A/76/94-E/2021/73.
A/RES/76/225
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and of
the Arab population in the occupied Syrian Golan over their
natural resources
4/5 21-19290
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their natural
resources resulting from illegal measures taken by Israel, the occupying Power, and
Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in t he
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their natural
resources, and calls in this regard for full compliance with the legal obligati ons
affirmed in the 9 July 2004 advisory opinion of the International Court of Justice and
in relevant United Nations resolutions, including General Assembly resolution
ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including the
dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, and to cease its
demolition and confiscation of Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the urgent need to advance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Conference on Palestine:
Reconstructing Gaza, held on 12 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment plants
in the Gaza Strip and the reconstruction and development of water infrastructure,
including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of th e United
Nations in this regard, and welcomes the extensive efforts exerted by the Mine Action
Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international law
with regard to all illegal Israeli practices and measures in the Occupied Palestinian
Territory, including East Jerusalem, particularly Israeli settlement activities and the
exploitation of natural resources;
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and of
the Arab population in the occupied Syrian Golan over their
natural resources A/RES/76/225
21-19290 5/5
12. Underscores, in this regard, the call by the Security Council, in its
resolution 2334 (2016), upon all States to distinguish, in their relevant dealings,
between the territory of the State of Israel and the territories occup ied since 1967;
13. Requests the Secretary-General to report to the General Assembly at its
seventy-sixth and seventy-seventh sessions, through the Economic and Social
Council, on the economic and social repercussions of the Israeli occupation on the
living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the occupied Syrian Golan,
and to the Assembly at its seventy-seventh session on the implementation of the
present resolution, including with regard to the cumulative impact of the exploitation,
damage and depletion by Israel of natural resources in the Occupied Palestinian
Territory, including East Jerusalem, and in the occupied Syrian Golan, and with regard
to the impact of such practices on the promotion of the Sustainable Development
Goals,9 and decides to include in the provisional agenda of its seventy -seventh session
the item entitled “Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab population in the
occupied Syrian Golan over their natural resources”.
54th plenary meeting
17 December 2021
__________________
9 See resolution 70/1.
United Nations A/RES/77/187
General Assembly
Distr.: General
22 December 2022
22-28810 (E) 291222
*2228810*
Seventy-seventh session
Agenda item 56
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem,
and of the Arab population in the occupied Syrian Golan
over their natural resources
Resolution adopted by the General Assembly
on 14 December 2022
[on the report of the Second Committee (A/77/450, para. 15)]
77/187. Permanent sovereignty of the Palestinian people in the Occupied
Palestinian Territory, including East Jerusalem, and of the Arab
population in the occupied Syrian Golan over their natural resources
The General Assembly,
Recalling its resolution 76/225 of 17 December 2021, and taking note of
Economic and Social Council resolution 2022/22 of 22 July 2022,
Recalling also its resolutions 58/292 of 6 May 2004 and 59/251 of 22 December
2004,
Reaffirming the principle of the permanent sovereignty of peoples under foreign
occupation over their natural resour ces,
Guided by the principles of the Charter of the United Nations, affirming the
inadmissibility of the acquisition of territory by force, and recalling relevant Security
Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465
(1980) of 1 March 1980, 497 (1981) of 17 December 1981 and 2334 (2016) of
23 December 2016,
Recalling its resolution 2625 (XXV) of 24 October 1970,
Bearing in mind its resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 1 to the Occupied
__________________
1 United Nations, Treaty Series, vol. 75, No. 973.
A/RES/77/187
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and
of the Arab population in the occupied Syrian Golan over their
natural resources
2/5 22-28810
Palestinian Territory, including East Jerusalem, and other Arab territories occupied
by Israel since 1967,
Recalling, in this regard, the International Covenant on Civil and Political
Rights2 and the International Covenant on Economic, Social and Cultural Rights, 3 and
affirming that these human rights instruments must be respected in the Occupied
Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian
Golan,
Recalling also the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory, 4 and recalling further its resolutions ES-10/15 of
20 July 2004 and ES-10/17 of 15 December 2006,
Recalling further its resolution 67/19 of 29 November 2012,
Taking note of the accession by Palestine to several human rights treaties and
the core humanitarian law treaties, as well as to other international treaties,
Expressing its concern about the exploitation by Israel, the occupying Power, of
the natural resources of the Occupied Palestinian Territory, including East Jerusalem,
and other Arab territories occupied by Israel since 1967,
Expressing its grave concern about the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied Palestinian
Territory, including the uprooting of a vast number of fruit -bearing trees and the
destruction of farms and greenhouses, and the grave environmental and economic
impact in this regard,
Expressing its grave concern also about the widespread destruction caused by
Israel, the occupying Power, to vital infrastructure, including water pipelines, sewage
networks and electricity networks, in the Occupied Palestinian Territory, in particular
in the Gaza Strip during the militar y operations of July and August 2014, which, inter
alia, has polluted the environment and which negatively affects the functioning of
water and sanitation systems and the water supply and other natural resources of the
Palestinian people, and stressing the urgency of the reconstruction and development
of water and other vital civilian infrastructure, including the project for the
desalination facility for the Gaza Strip,
Expressing its grave concern further about the negative impact on the
environment and on reconstruction and development efforts of unexploded ordnance
that remains in the Gaza Strip as a result of the conflict in July and August 2014, and
commending the efforts of the Mine Action Service of the United Nations for the safe
removal of such ordnance,
Expressing its grave concern about the chronic energy shortage in the Gaza Strip
and its detrimental impact on the operation of water and sanitation facilities, which
threaten to further erode groundwater resources, of which only 5 per cent remain s
potable,
Recalling the 2009 report by the United Nations Environment Programme
regarding the grave environmental situation in the Gaza Strip, and relevant reports by
the United Nations country team, including “Gaza in 2020: a liveable place?”, “Gaza:
two years after” and “Gaza ten years later”, and stressing the need for follow -up to
the recommendations contained therein,
__________________
2 See resolution 2200 A (XXI), annex.
3 Ibid.
4 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and
of the Arab population in the occupied Syrian Golan over their
natural resources A/RES/77/187
22-28810 3/5
Deploring the detrimental impact of the Israeli settlements on Palestinian and
other Arab natural resources, especially as a result o f the confiscation of land and the
forced diversion of water resources, including the destruction of orchards and crops
and the seizure of water wells by Israeli settlers, and of the dire socioeconomic
consequences in this regard,
Recalling the report of the independent international fact-finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic,
social and cultural rights of the Palestinian people throughout the Occupied
Palestinian Territory, including E ast Jerusalem,5
Aware of the detrimental impact on Palestinian natural resources being caused
by the unlawful construction of the wall by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and of its
grave effect as well on the economic and social conditions of the Palestinian people,
Stressing the urgency of achieving without delay an end to the Israeli occupation
that began in 1967 and a just, lasting and comprehensive peace settlement on all
tracks, on the basis of Security Council resolutions 242 (1967), 338 (1973) of
22 October 1973, 425 (1978) of 19 March 1978, 1397 (2002) of 12 March 2002 and
2334 (2016), the principle of land for peace, the Arab Peace Initiative 6 and the Quartet
performance-based road map to a permanent two-State solution to the Israeli-
Palestinian conflict, 7 as endorsed by the Council in its resolution 1515 (2003) of
19 November 2003 and supported by the Council in its resolution 1850 (2008) of
16 December 2008,
Stressing also, in this regard, the need for respect for the obligation upon Israel
under the road map to freeze settlement activity, including so-called “natural growth”,
and to dismantle all settlement outposts erected since March 2001,
Stressing further the need for respect and preservation of the territorial unity,
contiguity and integrity of all of the Occupied Palestinia n Territory, including East
Jerusalem,
Recalling that the Security Council, in its resolution 2334 (2016), underlined
that it would not recognize any changes to the 4 June 1967 lines, including with r egard
to Jerusalem, other than those agreed by the parties through negotiations,
Recalling also the need to end all acts of violence, including acts of terror,
provocation, incitement and destruction,
Taking note of the report prepared by the Economic and Social Commission for
Western Asia on the economic and social repercussions of the Israeli occupation on
the living conditions of the Palestinian people in the Occupied Palestinian Territory,
including East Jerusalem, and of the Arab population in the o ccupied Syrian Golan,
as transmitted by the Secretary-General,8
1. Reaffirms the inalienable rights of the Palestinian people and of the
population of the occupied Syrian Golan over their natural resources, including land,
water and energy resources;
2. Demands that Israel, the occupying Power, cease the exploitation, damage,
cause of loss or depletion and endangerment of the natural resources in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan;
__________________
5 A/HRC/22/63.
6 A/56/1026-S/2002/932, annex II, resolution 14/221.
7 S/2003/529, annex.
8 A/77/90-E/2022/66.
A/RES/77/187
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and
of the Arab population in the occupied Syrian Golan over their
natural resources
4/5 22-28810
3. Recognizes the right of the Palestinian people to claim restitution as a
result of any exploitation, damage, loss or depletion or endangerment of their natural
resources resulting from illegal measures taken by Israel, the occupying Power, and
Israeli settlers in the Occupied Palestinian Territory, including East Jerusalem, and
expresses the hope that this issue will be dealt with within the framework of the final
status negotiations between the Palestinian and Israeli sides;
4. Stresses that the wall and settlements being constructed by Israel in the
Occupied Palestinian Territory, including in and around East Jerusalem, are contrary
to international law and are seriously depriving the Palestinian people of their natural
resources, and calls in this regard for ful l compliance with the legal obligations
affirmed in the 9 July 2004 advisory opinion of the International Court of Justice 9 and
in relevant United Nations resolutions, including General Assembly resolution
ES-10/15;
5. Calls upon Israel, the occupying Power, to comply strictly with its
obligations under international law, including international humanitarian law, and to
cease immediately and completely all policies and measures aimed at the alteration
of the character and status of the Occupied Palestinian Territory, including East
Jerusalem;
6. Also calls upon Israel, the occupying Power, to bring a halt to all actions,
including those perpetrated by Israeli settlers, harming the environment, including the
dumping of all kinds of waste materials, in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten
their natural resources, namely water and land resources, and which pose an
environmental, sanitation and health threat to the civilian populations;
7. Further calls upon Israel to cease its destruction of vital infrastructure,
including water pipelines, sewage networks and electricity networks, and to cease its
demolition and confiscation o f Palestinian homes and civilian infrastructure,
agricultural lands and water wells, which, inter alia, have a negative impact on the
natural resources of the Palestinian people, stresses the urgent need to advance
reconstruction and development projects in this regard, including in the Gaza Strip,
and calls for support for the necessary efforts in this regard, in line with the
commitments made at, inter alia, the Cairo International Conference on Palestine:
Reconstructing Gaza, held on 12 October 2014;
8. Calls upon Israel, the occupying Power, to remove all obstacles to the
implementation of critical environmental projects, including sewage treatment plants
in the Gaza Strip and the reconstruction and development of water infrastructure,
including the project for the desalination facility for the Gaza Strip;
9. Also calls upon Israel not to impede Palestinian development and export
of discovered oil and natural gas reserves;
10. Calls for the immediate and safe removal of all unexploded ordnance in
the Gaza Strip and for support for the efforts of the Mine Action Service of the United
Nations in this regard, and welcomes the extensive efforts exerted by the Mine Action
Service to date;
11. Encourages all States and international organizations to continue to
actively pursue policies to ensure respect for their obligations under international law
with regard to all illegal Israeli practices and measures in the Occupied Palestinian
Territory, including East Jerusalem, particularly Israeli settlement activities and the
exploitation of natural resources;
__________________
9 See A/ES-10/273 and A/ES-10/273/Corr.1.
Permanent sovereignty of the Palestinian people in the
Occupied Palestinian Territory, including East Jerusalem, and
of the Arab population in the occupied Syrian Golan over their
natural resources A/RES/77/187
22-28810 5/5
12. Underscores, in this regard, the call by the Security Council, in its
resolution 2334 (2016), upon all States to distinguish, in their relevant dealings,
between the territory of the State of Israel and the territories occupied since 1967;
13. Requests the Secretary-General to report to the General Assembly at its
seventy-eighth session on the implementation of the present resolution, including
with regard to the cumulative impact of the exploitation, damage and depletion by
Israel of natural resources in the Occupied Palestinian Territory, including East
Jerusalem, and in the occupied Syrian Golan, and with regard to the impact of such
practices on the promotion of the Sustainable Development Goals, 10 and decides to
include in the provisional agenda of its seventy -eighth session the item entitled
“Permanent sovereignty of the Palestinian people in t he Occupied Palestinian
Territory, including East Jerusalem, and of the Arab population in the occupied Syrian
Golan over their natural resources”.
53rd plenary meeting
14 December 2022
__________________
10 See resolution 70/1.
UNITED NATIONS
GENERAl
ASSEMBlY
Distr.
GENERAL
A/10290) It",( '2
3 November 1975
ENGLISH
ORIGINAL: ARABIC/ENGLISH/
FRENCH
Thirtieth session
Agenda item 12
REPORT OF THE ECONOMIC AND SOCIAL COUNCIL
Permanent sovereignty over national resources in the
occupied Arab territories
Report of the Secretary-General
75-22601 / ...
A/10290
English
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CONTENTS
Report of the Secretary-General . . • • . . . . . . . . • . . . • . . . . . 3
ANNEXES
I. Note verbale dated 18 March 1975 from the Secretary-General to the
Permanent Representatives to the United Nations of Egypt, Israel,
Jordan, Lebanon and the Syrian Arab Republic to the United Nations
II. Notes verbales dated 26 June, 8 July, 26 August, 23 and 30 September
and 24 October 1975 from the Permanent Representative of Egypt to
the United Nations addressed to the Secretary-General
III. Note verbale dated 8 July 1975 from the Permanent Representative of
the Syrian Arab Republic to the United Nations addressed to the
Secretary-General
IV. Note verb ale dated 6 August 1975 from the Permanent Mission of
Israel to the United Nations addressed to the Secretary-General
V. Note verbale dated 9 September 1975 from the Permanent
Representative of Jordan to the United Nations addressed to the
Secretary-General
VI. Letter dated 19 March 1975 from the Secretary-General to the heads
of the United Nations Conference on Trade and Development, the
United Nations Industrial Development Organization, the
International Labour Organisation, the Food and Agriculture
Organization of the United Nations, the World Health Organization,
the United Nations Educational, Scientific and Cultural Organization
and the International Bank for Reconstruction and Development
VII. Letters dated 2 Hay and 26 August 1975 from the Director-General of
the International Labour Office addressed to the Secretary-General
VIII. Letter dated 8 July 1975 from the Director-General of the United
Nations Educational, Scientific and Cultural Organization
I ...
Report of the Secretary-General
A/10290
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l. On 17 December 1974, the General Assembly adopted resolution 3336 (XXIX)
entitled "Permanent sovereignty over national resources in the occupied Arab
te=itories", in paragraph 5 of which the Assembly requested the Secretary-General,
with the assistance of the relevant specialized agencies and United Nations organs,
to prepare a report on "the adverse economic effects on the Arab States and
peoples, resulting from repeated Israeli aggression and continued occupation of
their territories, to be submitted to the General Assembly at its thirtieth session".
2. The Member States directly concerned, in addition to the relevant specialized
agencies and United Nations organs, including the United Nations Conference on
Trade and Development, were invited to provide relevant information as a basis
for the report.
3. On 18 March 1975, therefore, the Secretary-General sent notes verbales to
the Permanent Representatives of Egypt, Israel, Jordan, Lebanon and the Syrian
Arab Republic to the United Nations (see annex I below).
4. The Permanent Representative of Egypt to the United Nations replied in notes
verbales dated 26 June, 8 July, 26 August, 23 and 30 September and 24 October 1975,
transmitting tables presenting "examples of losses incurred by some ministries,
governmental departments, public sector enterprises and services sectors" (see
annex II below). In the view of the Government of Egypt, the information conveyed
represents a fraction of the total losses.
5. On 8 July 1975, the Fermancrct Hepresentati ve of the Syrian Arab Republic to the
United Nations addressed to the Secretary-General a note verbale (see annex III)
transmitting five tables entitled: "the amount of damage suffered by State bodies
and the public sector; the amount of direct damage suffered by the private sector;
the amount of direct damage suffered by villages in the theatre of operations and
villages occupied in 1973 and subsequently evacuated; amount of damage resulting
from the devastation of the town of Quneitra and occupation of the district; and
the amount of agricultural damage resulting from the occupation of Quneitra district".
The reply also contained figures which represent the value of antiquities, which
the Government of the Syrian Arab Republic stated were removed from this district,
as well as the amount of aid to the people displaced during the period 1967-1975
and the economic damage which the Government anticipated it would incur, as from
1976, owing to the loss of revenue from properties and public utilities. The
reply further indicated that the information was not all-inclusive and that Syrian
authorities were still in the process of assessing other direct and indirect damage.
6. In a note verbale of 6 August 1975, the Permanent Mission of Israel to the
United Nations stated that "the position of Israel on the subject matter of the
resolution in question was made clear by the delegate of Israel in the Second
Committee on 15 November 1974 and in the plenary meeting on 17 December 1974" (see
annex IV below). It further noted that "the wording of paragraph 5 of resolution
3336 (XXIX) completely prejudges the issue, leaving no room and no purpose for the
preparation of an objective report".
7. The Secretary-General also received replies dated 26 August and 9 September 1975
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from the Permanent Representative of Jordan to the United Nations. The reply of
9 September transmitted the Government's revised report on the adverse effects of
Israeli occupation of the West Bank on Jordan's economy (see annex V below).
8. In a letter dated 19 March 1975, the Secretary-General also requested
information from the relevant specialized agencies and United Nations organs,
namely, UNCTAD, UNIDO, FAO, UNESCO, the ILO, vffiO, IBRD and IMF, as well as the
Economic Commission for Western Asia (ECWA) {see annex VI below). These agencies
or organs have co-operated by sending relevant documentation. Some stated that
they had no information directly related to the subject~atter and others advised
that they only had information of a general nature.
9. The reply of UNCTAD, dated 29 May 1975, focused on its report entitled
The Economic Effects of the Closure of the Suez Canal. 1/ That study identified
and quantified the effects of the closure of the Canal on ocean shipping services
and costs, and evaluated the trade losses of the areas affected. It conclUded
that countries south of the Canal, especially in East Africa a~d in South-East Asia,
had been principally affected, but it did not provide a breakdown for any country
in particular.
10. According to the UNCTAD report, in 1966, the last full year of the operation
of the Suez Canal, a total of 242 million tons (176 million tons of oil and
66 million tons of dry cargo) passed through the Canal, equal to 14 per cent of
world sea-borne trade, Egypt received about $US 224 million in toll revenues
in the 12 months ending May 1967, but the losses to the economy (actually not
computed) go beyond this figure in view of the many activities induced by the
traffic through the Canal.
11. In its reply dated 24 June 1975, UNIDO transmitted the following relevant
information:
"In the course of the hostilities, Egypt suffered the loss of two oil
refineries and one fertilizer plant with the result that the country has
been forced to meet its crude oil and fertilizer requirements through imports.
On the other hand, the present situation on the Sinai peninsula deprives the
Egyptians of no less than one third of their oil resources, since the oil
fields are currently occupied by the Israelis. In the Syrian Arab Republic,
the Hams oil refinery was put out of action. Lebanon made available a certain
proportion of its refining capacity with the result that there have been local
shortages, impeding the operation of the transport system and certain
industrial facilities. The Hamma steel rolling mill in Syria was also put
out of operation when its generator plant was damaged. Moreover, funds
that should have been devoted to industrial development in the Arab region
have been directed to defence purposes. "
12. In its replies of 2 May and 26 August 1975 (see annex VII below), the ILO,
!/ United Nations publication, Sales No.: 73.II.D.l3.
I . ..
A/10290
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while indicating that it had no directly relevant material, drew attention to a
resolution adopted by the International Labour Conference at its fifty-ninth session
concerning the policy of discrimination, racism and violation of trade union
freedoms and rights practised by Israeli authorities in Palestine and in other
occupied Arab territories (see annex VII, appendix III, below) , as well as to
the action and decision related to that resolution taken subsequent thereto.
13. In its reply of 8 July 1975, UNESCO, while noting that this information was
not entirely of direct concern to the subject covered by General AssemblY resolution
3336 (XXIX), drew attention to a report prepared for the eighteenth session of
the General Conference entitled "The situation of the national education and the
cultural life of peoples in the occupied Arab Territoriesn, 2/ prepared pursuant
to UNESCO resolution 10.1, part III, paragraph 19. 'l'he reply of UNESCO identified
the paragraphs of the report concerning economic or financial matters. These
paragraphs, as well as the resolution adopted following the consideration of the
above-mentioned report, are reproduced in annex VIII below.
gj UNESCO document 18C/16 of 10 September 1975. I . ..
ANNEX I
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Annex I
Page 1
Note verbale dated 18 March 1975 from the Secretary-General to
the PErmanent Representatives of ERYPt, Israel, Jordan, Lebanon
and the Syrian Arab Republic to the United elations
[Original: Englis~
The Secretary-General of the United Nations presents his compliments to the
Permanent Representative of to the United Nations and has th<= honour to refer
to General Assembly resolution 3336 (XXIX) of 17 December 1974. In paragraph 5 of
that resolution, the General Assembly:
"Requests the Secretary-General, with the assistance of relevant
specialized agencies and United Nations organs, including the United
Nations Conference on Trade and Development, to prepare a report on the
adverse economic effects on the Arab States and peoples, resulting from
repeated Israeli aggression and continued occupation of their territories,
to be submitted to the General Assembly at its thirtieth session."
Information concerning economic matters which is normally available to
the Secretariat is not adequate to enable the Secretary-General to prepare the
report requested by the General Assembly. He must, therefore, turn to the
Member States directly concerned which may be in a position to provide the
required information, as well as to the relevant specialized agencies and United
Nations organs, including the United Nations Conference on Trade and Development.
The Secretary-General would be grateful if your Government could provide
him with information available to it which it considers to be relevant to the
subject-matter of the report requested by the General Assembly in so far as it
relates to Arab territories which have been occupied by Israel since June 1967.
The Secretary-General very much hopes that your Government will find it possible
to make the required information available to him no later than 1 July 1975, in
order that the requested report may be submitted to the General Assembly before
the opening of its thirtieth session.
I ...
ANNEX II
A/10290
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Annex II
Page l
Notes verbales dated 26 June, 8 July, 26 August, 23 and 30 September
and 24 October 1975 from the Permanent Representative of Egypt to the
United Nations addressed to the Secretary-General
A. Note verbale of 26 June 1975
LDriginal: Englis!J
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations
and with reference to the Secretary-General's note, dated 18 Harch 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith examples of losses incurred by some Hinistries, government'tl
departments, public sector enterprises and services sectors, as a result of
repeated Israeli aggression and continued occupation.
The attached information is, therefore, not comprehensive. It only represents
a fraction of the total losses. This is due, inter alia, to the following:
l. Losses incurred by some other sectors are not included in the attached
estimates. For example, there are the huge military losses, as well as the
losses resulting from destruction of the three cities of Port Said, Ismailia
and Suez, as well as villages, institutions and property in the Suez Canal
region, in addition to the loss of Suez Canal revenue for exactly eight years.
2. The losses in Sinai and in the Gaza Strip are not included, with
the exception of preliminary estimates of the loss of production of the
Sinai oil fields.
3. The attached estimates do not account for the continuing rise in
the "replacement cost", as a result of inflation and the rising labour cost.
Furthermore, the majority of estimates cover periods ending before or at the
end of 1974. They do not account for losses incurred up to the present.
4. The estimates do not cover human losses, including the loss of life.
5. There is also the tremendous cost to the national economy resulting
from the severe dislocation of productive factors and resources as a result
of Israeli aggression and continued occupation. Since June 1967, Egypt has
mobilized its resources against aggression and for the ultimate liberation
of the occupied territories.
6. The temporary resettlement away from their homes of more than a
million displaced persons from the Gaza Strip, Sinai, the Suez Canal zone and
its three major cities, also constituted a heavy burden on the economy. In
addition, the psychological distress resulting from the occupation of the
/ ...
A/10290
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national soil, the abandonment of homes and the dislocation of the economy
had considerable adverse effect on national production and producti,~ty.
Consequently, while the estimates attached to this note provide some relevant
information, the need for a comprehensive study, as envisaged in paragraph 5 of
resolution 3336 (XXIX), is to be stressed. The text of this paragraph, taking
into account the magnitude and complexity of the task requested from the SecretaryGeneral,
made specific reference to "the assistance of relevant specialized
agencies and United Nations organs, including the United Nations Conference on
Trade and Development" in preparing the Secretary-General's report "on the adverse
economic effects on the Arab States and peoples", related to the subject-matter
of the resolution.
The role of the specialized agencies, United Nations organs, and specifically
UNCTAD, has been spelt out in the statement made on behalf of the co-sponsors of
the draft resolution, which underlined that paragraph 5, as revised:
"is designed to involve the relevant United Nations organizations in
the preparation of the report on the adverse economic effects on the Arab
States and peoples resulting from repeated Israeli aggression and continued
occupation.
"In this respect, the co-sponsors wish to underline the need to seek the
assistance of the UNCTAD secretariat in preparing the report, since UNCTAD has
the machinery to carry out studies and research which would be useful in the
preparation of the report.
"Similarly, the UNESCO secretariat is expected to assist the SecretaryGeneral
in assessing the losses, destruction and damages caused to educational,
cultural and scientific institutions and infrastructure in the Arab States
subjected to Israeli aggression and occupation, as much of the losses and
damages have a bearing on the economies and development efforts of the
countries concerned. Furthermore, the loss of items of cultural and national
heritage should be taken into account by UNESCO whether they relate to
biblical heritages in Arab-Jerusalem and the Western Bank of the Jordan River,
or in Sinai, where a most ancient and glorious monastery, that of
St. Catherine's exists, or in the Golan Heights and the Syrian City of
Quneitra, where loss of valuable items of national heritage during Israeli
occupation have been reported.
"These are only examples of the cases where the specialized agencies and
United Nations organs are to assist the Secretary-General in preparing the
requested report. The co-sponsors wish to emphasize that other organizations
within the United Nations system, such as WHO, FAO, UNIDO etc., are also
expected to participate in preparing the report."
It was also in view of the magnitude and complexity of the task that the
Secretary-General submitted a statement (A/C.5/1649) on the administrative and
financial implications of the draft resolution (A/C.2/L.l312) in which:
I ...
A/10290
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"it was indicated that it was proposed to prepare the report on the
basis of inquiries from, and visits to, tne States concerned and consultations
with the relevant specialized agencies and United Nations organs, including
the United Nations Conference on Trade and Development. A large part of the
work involved would be carried out in co-operation with the Economic
Commission for Western Asia, and, in view of the short time available and
the limited staff resources currently available to that newly created regional
commission, would require four economists, appointed for six months each,
and General Service secretarial support, as well as travel funds."
(A/C.5/1649, para. 3)
However, in an oral statement on behalf cf the Advisory Committee on
Administrative and Budgetary Questions, the Chairman of the Advisory Committee
pointed out that the main justification offered for the appointment of four
economists for six months each was the fact that the Economic Commission for
Western Asia had currently only limited staff resources to draw upon. In that
connexion, he was in a position to inform the Fiftn Committee that the Advisory
Committee would recommend the adoption of the Secretary-General's staffing
proposals for ECWA, as included in his progress report on the programme budget for
the biennium 1974-1975, a/ namely, a net increase of 2) posts in the Professional
category and 60 additional local-level posts in 1975. On the assumption that this
recommendation would be adopted, it would not prove necessary to engage four
economists. The Advisory Committee therefore recommended that an additional
provision in the amount of $37,000 to cover the cost of two economists only for a
period of six months each could be made under section 12 of the programme budget
(A/9978.Add.l, para. 4). b/ This additional appropriation for the purpose indicated
was before the General Assembly in document A/9978/Add.l as it adopted resolution
3336 (XXIX).
The Permanent Representative wishes to recall that this question was discussed
in detail during two meetings, held on 12 February and 22 April 1975 with the
Under-Secretary-General for Economic and Social Affairs, with a view to stressing
the importance of preparing the Secretary-General's report as envisaged by
paragraph 5 of General Assembly resolution 3336 (XXIX) and as spelt out by the
co-sponsors of the draft resolution, as well as the statement submitted by the
Secretary-General on the administrative and financial implications of the draft
resolution, within the allocations approved by the General Assembly upon the
explanation given by the Chairman of the Advisory Committee for Administrative and
Budgetary Questions as stated in document A/9978/Add.l.
a/ Official Records of the General Assembly, Twenty-ninth Session,
Supplement No. 6 (A/9606).
£/Ibid., Twenty-ninth Session, Annexes, agenda item 73.
/ ...
APPENDIX
Pa.rtial estimates or direct and indirect losses incurred b:
Sector or Ministry
1. Ministry of the Interior
2. Transport Sector
3. Ministry of Commerce
4. Civil Aviation Sector
5. Ministry of Health
.....
as a result of Israeli aggression since
Description
Buildings, installations, structures,
r&w materi&ls, 19Jld martyrdom
remuneration
Railroads, roads, bridges, marine
transport, land transport, vehicles,
lorries, tractors, equipment etc.,
plus evacuation costs and civil
defence expenses etc.
(a) Egyptian Public Cotton Corporation:
increase in import-export expenses,
evacuation costs and loans.
(b) Subsidiaries of the Egyptian
Foreign Trade Corporation:
decrease of exports resulting from
partial or total breakdown of
productive units; transportation
accommodation and compensation
costs; civil defence costs; closure
of companies' branches in Port Said
and the termination of business in
Suez and Sinai.
(c) International exhibitions and fairs:
losses sustained by the permanent
Egyptian Pavilion at the Damascus
International Fair, and the
suspension of work on the Cairo
International Fair project etc.
Subtotal
Cairo Airport and the Meteorological
Office, plus compensation to families
of martyrs
Medicaments for regular and emergency
treatment, and medical supplies, as a
result of direct aggression on
Al-Za1faran Medical Aid Station on
9 September 1969
Estimated loss
in Egyptian pounds
223 072
145 978 725
1 337 450
21 477 501
1 028 000
23 842 951
31 263 466
2 103 627
and installations
Period
from 5 June 1967 to
31 December 1972
from June 1967 to
October 1973
from June 1967 to
31 December 1974
from June 1967 to
31 December 1974
from June 1967 to
31 March 1974
Remarks
Direct damage:
11 269 325
Indirect damage:
134 351 4oo
N'lDllber of
companies: 9
Losses are
direct and
indirect
Direct and
indirect
damage
Direct and
indirect
damage
Direct and
indirect
damage
8": '!i:I'! l(1':-l <I:-.'
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Sector or Ministry
6. Al~Awka.f (religious
endowments)
7. Agriculture
8. Ministry of Electricity
9- Ministry of Social
Affairs
10. Radio and Television
Sector
....
lL Ministry of War
Production (Civil
Sector)
12. Petro1ewn Sector
13. Industry and Mining
Description
Damage caused to mosques ~d immovable
properties administered by the Awkaf
Authority
Buildings, services, and damage
repair
(a) Compensation paid in the
Governorates of Port Said,
Ismailia, Suez and Sinai, as well
as to families of martyrs
(b) Compensation pending reimbursement
for loss of life and assets
Subtotal
Costs of shutdown during raids, and
increase in import expenses, etc., plus
loss of nitric acid production in Suez
{a) Direct damage up to 31 December 1974
(b) Indirect damage up to
31 December 1974
(c) Losses resulting from the loss of
Sinai fields up to 30 June 1975
Subtotal
17 public sector industrial
installations damaged or destroyed;
cost of their restoration and loss
caused to the local market by lack of
supplies
Estimated loss
in Egyptian p_ounds
1 773 300
513 105 403
27 139 480
7 179 875
13 030 000
20 209 875
5 305 368
16 137 296
406 300 000
355 500 000
875 000 000
1 636 Boo ooo
860 000 000
Period
From 1967 to
31 March 1974
Remarks
From 5 June 1967 to Direct and
19 February 1975 indirect damage
From 1967 through
1974
From 1 May 1974 to
31 December 1974
For 1975
From June 1967 to
30 March 1974
Up to
31 December 1974
From June 1967
and during the
var of attrition
through 1973
Direct and
indirect damage
It is to be noted
that these
figures are
exclusive of the
evacuation
operations
expenses, which
amount to
£E 24 million per
year
Direct damage:
63 535
Indirect damage:
5 241 833
Direct damage:
1 522 000
Indirect damage:
14 615 296
iUS 11:1111~0
V1 >I t;· {8
HO"O
H
Sector or Ministry
14. Tourism
15. Higher industrial
education institutes
16. Manpower
17. Education Sector
18. Irrigation Sector
19. Ministry of Justice
20. Ministry of Al-Azhar
Affairs
---.
Description
(a) Direct damage incurred by tourist
companies, especially in Port Said,
Ghardakah, Al-Ain J Al-Sokna.h, and
tourist offices in Port Said, Suez,
Al-Areesh Rest House, as well as the
loss sustained by the Ministry's
offices in the aforesaid locations.
(b) Indirect losses in Egypt's tourist
revenues as a result of the
aggression
Subtotal
Damage caused to buildings and
installations, such as the Higher
Industrial Institute in Port Said and the
Higher Mining Institute in Suez, etc.
Damage caused to buildings, installations,
and services; evacuation expenses,
teachers' salaries etc.
Renovation of Suez, Ismailia and Port Said
courthouses damaged e.s a result of
aggression, as well as the decrease in the
revenues of courts, the Land Registration
Administration, the State Council and the
Forensic Medicine Department in the
Governorates of the Canal zone
Damage caused to Al-Azhar's affiliated
institutes in Port Said, Ismailia, and the
Nasser Boarding Quarters for Moslem
students in Cairo
Estimated loss
in Egyptian pounds
24 Ol6 770
434 800 000
458 816 770
153 756
76 527
36 745 046
16 011 100
1 443 615
171 572
Period
through 1973
through 1973
From June 1967 to
30 September 1974
From June 1967 to
31 March 1974
Remarks
Direct damage:
13 173
Indirect damage:
63 354
Direct damage:
34 032 294
Indirect damage:
2 712 752
Direct damage:
1 007 600
Indirect damage:
15 003 500
Direct G.amage:
9 430
Indirect damage:
1 434 185
&":; 1~; '~-t IJ:I ......
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Sector or Ministry
21. Economic co-operation
22. Insurance Sector
23. Sea transport
24. Ministry of Foreign
Affairs
-
Description
Losses incurred by the Free Zone in
Port Said~ including damage to buildings
and roads and loss of revenues
Damage caused to buildings and
installations and the decrease in
revenues and the increase in expenses of
the General Egyptian Insurance
Corporation
Damage caused to the Department of Ports
and Lighthouses and the port of
Alexandria
Damage caused to our consular offices in
Jerusalem and to the personal property
of our consular staff there during the
1967 aggression
Estimated loss
in Egyptian pounds
105 087 210
3 521 969
91 611 700
19 369
Period
From June 1967
through November
1974
From June 1967 to
31 December 1972
during 1973
From 1967 to
31 !'.areh 1?74
Remarks
Direct damage:
87 210
Indirect damage:
105 000 000
Direct damage:
9 oo6 300
Direct damage:
3 863 700
Indirect dttmage:
78 741 700
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A/10290
English
Annex II
Page 8
B. Note verbale of 8 July 1975
[Original: Englis!!_7
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations
and further to the Permanent Representative's note dated 26 June 1975 regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial estimates of losses incurred by the Ministry of Supply
Sector in the Suez Canal region as a result of repeated Israeli aggression since
June 1967.
/ ...
,APPENDIX
Partial estimates of losses - direct and indirect - incurred by institutions
and installations as a result of Israeli aggression since June 1967 (contim:cci}
----------------------------------------------------
Sector or Ministry
25. Supply
Description
(a) Direct losses sustained in
supply commodities and produce
of miscellaneous nature in
warehouses in different areas
of Canal cities.
(b) Direct losses incurred by the
warehouses of the Supply
Commodities Corporation in
Port Said and Port Tawfi~
areas - exclusive of
warehouses totally destroyed
or severely damaged, the value
of which is being estimated.
(c) Damage caused to e~uipment and
vehicles rendering them
useless.
(d) Indirect losses including:
(i) Demurrage due to military
operations and the
closure of Port Said and
Suez ports.
(ii) Decline in revenues of
warehouses in the Canal
Zone.
Subtotal
Estimated
loss in
Egyptian pounds ,
70 794
ll 000
9 000
13 000 000
150 000
13 240 794
Period
from June 1967
to 31 Dec. 1974
Ditto
Ditto
Remarks
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A/10290
English
Annex II
Page 10
C. Note verbale of 26 August 1975
{Original: Englis~7
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations
and, pursuant to the Permanent Representative's note dated 8 July 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith further partial estimated losses incurred by the Ministries of
the Interior, Local Administration and War, in Egypt as well as in the Gaza Strip,
as a result of Israeli aggression and occupation ~ince June 1967.
I . ..
--...
APPENDIX
Partial estimates of direct m1d indirect losses incurred by Departments and
utilities as a result of the Israeli aggression since June 1967
Sector or Ministry
26. Ministry of
the Interior
27. Ministry of
Local
Government
28. Ministry of
War
Items
Construct ion;
installations of
machinery; raw
materials; indemnities
for casualties
Buildings;
installations;
furnishings and
equipment; means of
transportation; general
economic damages
Direct and indirect
civilian losses to
bodies under the
Ministry's
supervision
Estimate of
losses in
Egyptian pounds
2 724 o88
144 078 000
724 197
Duration
from 1 Jan. 1973
up to present
from 5 June 196'7
to 31 Dec. 1974
from 5 June 1967
to 31 Dec. 1973
Remarks
To be added
to data
ccncerning the
Ministry in
item 1.
Losses suffered
by the
Governorates of
Sinai, El Arish,
and Kantara East
only
Apart from
losses of Armed
Forces units,
whether in
personnel,
installations
or equipment
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A/10290
English
Annex II
Page 12
D. Note verbale of 23 September 1975
LOriginal: Englis~/
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations,
and further to the Permanent Representative's note, dated 26 August 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial estimates of the losses incurred by the Gaza Strip and
the Ministry of War, and re-estimates of the losses incurred by the Ministries of
Social Affairs, Commerce and Petroleum.
I . ..
"
APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
utilities as a result of Israeli aggression since June 1967
Sector or Ministry
29. Ministry of
Social Affairs
Description
(a) Compensation paid for
losses of private
property
(b) Compensation
expected to be paid
for losses of property
(c) Compensation paid for
civilian casualties
(d) Reparation paid to
evacuees
(e) Reparation expected
to be paid
(f) Reparation paid to
families of troops
(g) Cost of the Social
Development Plan in
the Suez Canal region
(h) Sums paid from the
allocation for victims
of the aggression
Estimated
losses in
Egyptian pounds
11 128 161
3 871 839
15 000 000
182 088
119 336 111
10 502 053
22 628 000
2 000 000
4 647 499
Period Remarks
up to Amending
15 Aug. 1975 item 9
from 16 Aug. 1975
to 31 Dec, 1975
from 1 Jan. 1967
to 31 Dec. 1967
up to
1 Sept. 1975
from 5 June 1967
to 31 July 1975
from 1 Aug. 1975
to 31 Dec. 1975
up to
1 Sept. 1975
up to
1 Sept. 1975
up to
1 Sept. 1975
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APPENDIX
Partial estimates of direct and indirect losses incurred by De artments and
utilities as a result of Israeli aggression since June 1967 continued)
Estimated
losses in
Egyptian pounds
ll 886 939
390 000 000
235 301
Period
up to
l Sept. 1975
up to
1 Sept. 1975
up to
1 Sept. 1975
Under preparation by
the Ministry of Finance
61 994 550
457 Boo
up to
31 Dec. 1974
up to 31 Dec. 1974
Remarks
Amending
item 3 (atove)
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APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
utilities as a result of Israeli aggression since June 1967 (continued)
Sector or Ministry
31. Ministry of
Petroleum
32. Gaza Strip
Description
(a) Direct damages
(b) Indirect damages
(c) Losses resulting from
the enemy's seizure of
Sinai's petroleum
production
(a) Losses incurred by
the Directorate of
Education
(b) Losses incurred by
the Directorate of the
Interior and Public
Security
(c) Losses incurred by the
Directorate of Finance
and Economy
(d) Losses incurred by the
Directorate of Social
Affairs and Refugees
Estimated
losses in
Egyptian pounds Period Remarks
452 499 000 up to 31 Dec. 1974 Amending
item 12 (above)
368 264 000 up to 31 Dec. 1974
896 200 000 up to 31 Dec. 1975
44o ooo up to 1 Sept. 1975
1 606 825 up to 1 Sept. 1975
12 019 248 up to 1 Sept. 1975
233 666 000 up to 1 Sept. 1975
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'
APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
utilities as a result of Israeli aggression since June 1967 (continued)
Sector or Ministry
33. Ministry of
War
Description
(a) Losses of equipment,
weapons and
ammunition:
June 1967 operations
Har of Attrition
October 1973 war
(b) Losses in installations
(c) Compensations for
families of casualties
Estimated
losses in
Egyptian pounds
1 200 000 000
260 000 000
1 500 000 000
26 000 000
4o ooo ooo
Period Remarks
In addition to
monthly pensions
paid to entitled
persons
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E. Note verbale of 30 Septanber 1975
A/10290
English
Annex II
Page 17
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations and,
fUrther to the Permanent Representative's note dated 23 September 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial re-estimates of the losses incurred by the Ministries of
Electricity, Military Production (Civil Sector) and Education.
It should also be pointed out that the Ministry of Finance, in connexion with
information gathered from most ministries, has estimated that the global losses
incurred by these ministries and up to 31 August 1975 should read as follows:
(In Egyptian pounds)
1. Civil losses
(a) Direct losses 2 412 000 000
(b) Indirect losses 4 655 900 000
2. Military losses (approx.) 4 942 400 000
I .. .
'
APPENDIX
Statement of partial estimates of direct and indirect losses incurred by Departments
and utilities as a result of Israeli ap:P".ression since June 1967 (continued)
Sector or Ministry
34. Ministry of
Electricity
35.
36.
Ministry of
War Production
(Civil Sector)
Ministry of
Education
Description
(a) Direct damages
(b) Indirect damages
Cost of suspension of
production during the raids
and rise in cost of imports
etc., as well as loss of
production of nitric acid
in Suez
(a) Direct damages
(b) Indirect damages
Estimated
losses in
Egyptian pounds Period
from 5 June 1967
31 526 6oo to 31 Dec. 1974
267 076 700
18 349 769
51 o48 491
4 281 468
"
from 5 June 1967
to 31 Aug. 1974
from 5 June 1967
to 1 Sept. 1975
n
Re!Dl.rks
Amending
item 8 above
Direct losses
1 522 000
Indirect losses.
16 827 769
(amending
item 11 above)
Amending
item 17 above
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F. Note verbale of 24 October 1975
A/10290
English
Annex II
Page 19
LOriginal: English/
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations and,
further to the Permanent Representative's note dated 30 September 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial estimates of losses incurred by the Ministry of Housing
and Reconstruction, and re-estimates of the losses incurred by the Ministries of
Health and Wakfs.
I ...
APPENDIX
{Original: Arabii/
Partial estimates of direct and indirect losses incurred by Departments and
organs as a result of the Israeli aggression since 1967
Estimate of
losses in
Sector or Ministry statement of losses Egyptian pounds Period Remarks
37. Ministry of (a) Medicines for treatment
Health and emergencies and
medical equipment, as
a result of a direct
attack on the First
Aid Station at
Zaafarana on from 9 Sept. 1969 Amendment of
9 Sept. 1969 2 103 627 to 1 Oct. 1975 item 5
(b) Losses incurred
1:y the Governorate from June 1967
of Sinai 18 061 000 to 1 Oct. +975
(c) Losses incurred by the from June 1967
Gaza Strip 60 884 365 to 1 Oct. 1975
(d) Losses incurred within from June 1967
Egypt 623 050 000 to 1 Oct. 1975
38. Ministry of (a) Cost of renovation and
Wal<fs restoration of the
(endowments ) Ministry's mosques in
the Governorates of the
Suez-Canal region and from June 1967 Amendment of
Sinai 2 008 725 to 1 Oct. 1975 item 6
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.....
APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
organs as a result of the Israeli aggression since 1967 (continued)
Sector or Ministry Statement of losses
Estimate of
losses in
Egyptian pounds Period
38. Ministry of (b) Cost of renovation and
Wakfs restoration of mosques
(endowments ) endowed by private
(continued) individuals in the
Governorates of the
Suez Canal region and
Sinai
(c) Egyptian Wakfs
Authority:
(i) Direct losses
(ii) Indirect losses
39. Ministry of Losses incurred by
Housing and contracting companies
Construction (direct and indirect)
480 000
125 491
6 597
30 042 632
from June 1967
to l Oct. 1975
from 5 June 1967
to 1 Oct. 1975
"
from 5 June 1967
to 1 Oct. 1975
Remarks
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ANNEX III
A/10290
English
Annex III
Page 1
Note verbale dated 8 July 1975 from the Permanent Representative
of the Syrian Arab Republic to the United Nations addressed
to the Secret~-General
[Original: Arabii/
The Permanent Representative of the Syrian Arab Republic to the United Nations,
in response to the Secretary-General's note of 18 March 1975 requesting information
on the adverse economic effects suffered by the Syrian Arab Republic since 1967 as
a result of repeated Israeli aggression and continued occupation of part of its
territories, in pursuance of paragraph 5 of General Assembly resolution 3336 (XXIX)
of 17 December 1974, encloses tables containing the following information on such
economic effects:
1. Table 1
2. Table 2
3. Table 3
4. Table 4
5. Table 5
Amount of economic damage suffered by Stata bodies
and the public sector, 1967-1975 •.•••.•
Amount of direct damage suffered by the private
sector, 1973-1975 ••••
Amount of direct damage in villages in the theater
of operations and villages occupied in 1973 and
subsequently evacuated . • • . . . . • • . • . . .
Amount of damage resulting from the devastation of
the town of Quneitra and the occupation of the
district, 1967-1975 .•.•.••• • • •
Amount of agricultural damage resulting from the
occupation of Quneitra district, 1967-1975 •
6. Value of antiquities taken from the district and looted
by the enemy • • • • . • • • • • • . • • •
7. Amount of aid to the people displaced during the period
1967-1975 • . • . . • • • . • • .
$US 1,000
2,541,543
316,840
261,161
2,347,765
593,852
1,000,000
354,048
Grand Total 7,019,209
In addition to this economic damage, which amounted to $US 7,019,209,000, the
Syrian Arab Republic will incur, as from 1976, $US 184 million, at current rates,
owing to the loss of agricultural land, the cost of providing for the needs of the
displaced persons and the loss of revenue from properties and public utilities.
/ ...
A/10290
English
Annex III
Page 2
Furthermore, the Permanent Representative of the Syrian Arab Republic would
like to draw the Secretary-General's attention to the fact that, in 1967, Israeli
forces occupied two towns, 137 villages and 100 farms. In 1973, they occupied
24 villages and 23 farms. They withdrew in 1973 from one town, 27 villages and
23 farms, while to date they continue to occupy one town, 134 villages and 100 farms.
The estimated number of persons forced by Israeli aggression to leave their land in
the Quneitra district in 1967 is 82,000. The 1970 census shows that 122,937
inhabitants of Quneitra were at that time living in other Syrian districts.
It is to be noted that the attached information on the damage suffered by the
Syrian Arab Republic as a result of repeated Israeli aggression and continued
occupation of part of its territories is not all inclusive. Syrian authorities are
in the process of assessing other direct and indirect damage that might have been
caused by Israeli aggression to private establishments and individuals in respect
of which no claim or notification has yet been made. Nor does the information cover
casualties, including loss of life.
The Permanent Representative of the Syrian Arab Republic transmits this
information to the Secretary-General for inclusion in the report he is to prepare in
pursuance of paragraph 5 of General Assembly resolution 3336 (XXIX).
I ...
Table 1
Amount of economdc dama~e suffered bv- State bodies and the
continued occuQ_~t_i_9n and repeated Israeli aggression,
1967-1973
Direct Indirect Direct
Body damage damage Total damage
Ministry of Petrolewn - - - 402 580
Ministry of Electricity 21 000 6 000 27 000 692 000
Ministry of Industry - - - 15 020
Ministry of Communications 276 000 24 000 300 000 186 000
Ministry of Public Works 1 050 6 000 7 050 3 450
Ministry of Education 73 100 - 73 100 1 080
Ministry of Higher Education - - - 13
Ministry of Health 661 - 661 35
Ministry of Information - - - 260
Ministry of Supplies - - - 200
Ministry of Economy and Foreign Trade - - - 55
Ministry of Labour and Social Affairs - - - 782
Ministry of Tourism - 5 600 5 600 10
Civil Aviation Administration - - - -
Ministry of Finance - - - 100
Ministry of Euphrates Dam - - - 7 64o
Ministry of Local Administration - - - - -
Ministry of Housing and Utilities 10 228 1 150 11 378 350
Ministry of Transport - 305 305 -
Grand total 882 039 43 055 425 094 1 309 575
.....
a result of
1973-1975
Indirect
damage Total
111 322 513 902
134 000 826 000
54 693 69 713
24 000 210 000
3 105 6 555
- 1 080 -
- 13
1 026 1 061
293 553
126 326
30 236 30 291
- 782
- 1·0
6 080 6 080
43 200 43 300
- 7 640
641 641
2 000 2 350
152 152
410 874 1 720 449
$US 1 000
Grand
total
513 902
853 000
69 713
510 000
13 605
74 180
13
1 722
553
326
30 291
782
5 610
6 080
43 300
7 640
641
13 728
457
2 541 543
--
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A/10290
English
Annex III
Page 4
Table 2
Amount of direct damage suffered by the private sector, 1973-1975
Data
Buildings destroyed and damaged in
the city of Damascus
Cars destroyed in Damascus and Horns
Industrial plants
The construction sector
Public transport
Hotels, entertainment and tourism
facilities
Other sectors
Total
$US l 000
22 673
2 282
256 200
8 500
6 6oo
n o85
3 500
316 840
I .. .
Table 3
A/10290
English
Annex III
Page 5
Amount of direct damage in villages in the theatre of operations
and villages occupied in 1973 and subsequently evacuated
Data
Buildings
Funds, commodities and
merchandise
Trees and agricultural
products
Animals and livestock
Utilities and structures
Total
Villages in
the theatre
of operations
16 874
17 583
41 348
3 378
5 508
84 691
Villages occupied
in 1973 and
subsequently
evacuated
51 513
21 035
84 427
17 430
2 065
176 477
$US l 000
Total
68 387
38 618
125 775
20 8o8
7 573
261 161
I . ..
A/10290
English
Annex III
Page 6
Table 4
Amount of damage resulting from devastation of the town
of Quneitra and occupation of the district, 1967-1975
Data
Buildings
~nds, commodities and
merchandise
Utilities and government
structures
Total
~ Included in table 1.
Town of
Quneitra
1 042 700
472 575
441 000
1 956 275
Table 5
Cities, villages
and farms
312 o6o
79 430
~
391 490
Amount of agricultural damage resulting from the
occupation of Quneitra District, 1967-1975
Data
Farm products
Produce of productive trees
Animal products
~gricultural machinery
Mills
Oil presses
Molasses presses
Total
Direct damage
102 760
2 954
984
270
285
107 253
Losses in
production
161 560
210 920
101 304
295
2 496
1 132
8 892
486 599
$US 1 000
Total
1 354 760
552 005
441 000
$US 1 000
Total
161 560
210 920
204 o64
3 249
3 480
1 402
9 177
593 852
I . ..
ANNEX IV
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Note verbale dated 6 August 1975 from the Permanent Mission
of Israel to the United Natiorts addressed to the
Secretary-General
[Original: Englis~
The Permanent Mission of Israel to the United Nations presents its compliments
to the Secretary-General and has the honour to refer to his note of 18 March 1975,
concerning General Assembly resolution 3336 (XXIX) of 17 December 1974.
The position of Israel on the subject-matter of the resolution in question was
made clear by the delegate of Israel in the Second Committee on 15 November 1974
and in the plenary meeting on 17 December 1974 and is reflected in documents
A/C.2/SR.l630 and A/PV.2323 enclosed herewith.
Furthermore, it is noted that the wording of paragraph 5 of resolution
3336 (XXIX) completely prejudges the issue, leaving no room and no purpose for
the preparation of an objective report. In fact, the resolution is merely a
reflection of the political warfare carried out by the Arab States against Israel
in the United Nations.
I . ..
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APPENDIX I
Statement by Mr. Israel Eliashiv in explanation before the vote on item 12
(report of the Economic and Social Council) at the twenty-ninth session of
the General Assembly o~17Jle~~~1~{!J./PV.23-23) ___ _
I wish to address myself to draft resolution II recommended.by the Second
Committee in document A/9886 !d now before the Assembly. It is indeed regrettable
that those who have inspired and initiated the draft resolutior,, and their
supporters, have once more involved the Second Committee in highly sensitive
political subjects which not only are extraneous to it but have been fully dealt
with elsewhere in this Assembly, thus establishing a very negative and unproductive
pattern of work for the Second Committee by engaging it in bilateral political
disputes. Furthermore, the specific questions referred to in the draft resolution
relate to the areas administered by Israel since 1967, and these questions have
been fully discussed in the Special Political Committee and in the plenary Assembly.
There we have given a very full statement of the factual situation and of our
position, and I do not intend to repeat all that.
Last year a very similar proposal was initiated by the same delegation. Its
purpose was clear: by the constant repetition of spurious charges, to try and
rewrite history. The draft resolution now before us continues in that vein. It
singles out one so-called economic issue, which cannot be divorced from that of the
whole complex Middle East problem. The motives behind this draft resolution are
essentially political in character. They attempt to attribute to Israel exclusive
responsibility for all the consequences of the continuous aggression committed by
Arab States against it ever since 1948, ignoring the responsibility of the Arab
States which cannot escape the consequences of their own aggression against Israel.
As is well known, only a few hours after the proclamation of Israel's
independence in 1948, Arab States proclaimed war against Israel and marched their
armies across the borders to crush it at birth. The telegrams sent by Arab
Governments and by the Secretary-General of the Arab League on 14 May 1948,
brazenly informing the Secretary-General of the United Nations of their planned
invasion of our country, bear testimony to that fact. I refer to documents
S/743, ~I Sl745 £1 and Sl748 and Corr.l. £1
~I Official Records of the General Assembly, Twenty-ninth Session, Annexes,
agenda item 12, para. 21.
~I Official Records of the Security Council, Third Year, No. 66, 292nd meeting,
pp. 2 and 3.
£I For the printed text, see ibid., Third Year, Supplement for May 1948.
I . ..
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For more than 26 years Israel has been subjected to constant aggression and
belligerency by Arab Governments in defiance of the United Nations Charter and
resolutions, This aggression included economic boycott, blockade of international
waterways, armed raids and sabotage, political warfare and terror) designedl in
the words of the late President Nasser, to strike the death blow at Israel.
The culmination of the Arab aggression was their assault on 6 October 1973,
when Egypt and Syria launched a massive premeditated and unprovoked attack
against Israel, as fully described in the reports of the United Nations Truce
Supervision Organization and clearly admitted by the President of Egypt and
other Arab leaders. In 1967 Israel, embattled and besieged, and in the face of
the avowed aggression of Egypt, Jordan and Syria, was compelled to defend itself,
and the occupation of the areas administered by Israel since then is the outcome
of that situation.
The continuation of that occupation is a direct consequence of the refusal
of the Arab States since then to enter into negotiations with Israel to establish
a firm and just peace in the area. To refer to Israeli presence in the occupied
areas while ignoring that Israel arrived there in the course of a war of Arab
making is to pervert fundamental truth. International law and the specific
United Nations resolu~ions have entrusted Israel with the responsibility for the
security of the territories and the safety of their population.
No amount of fanciful allegations and distorted reports will deter Israel
from pursuing its policy of maintaining the law in force in the territories and
to conduct its administration in accordance with the relevant rules of
internation ·. law and binding international conventions, to promote social and
economic development, to foster good neighbourly relations and to maintain options
open for future peace negotiations.
He reject all the baseless allegations aimed at the creation of confusion
and exploitation of fake issues for political purposes.
I would also recall that the Special Committee, whose report (A/9817) the
proponents of this draft resolution relied on so heavily, was established in an
entirely irregular and unconstitutional manner. Furthermore, as our delegation
has previously shown in detail when discussing the Special Committee's report,
no validity whatsoever can be attached to the findings and conclusions of that
Committee. Anyone vho carefully scrutinizes its report must reach the unavoidable
conclusion that it is based on preconceived ideas, irrelevant assertions, baseless
allegations, selective quotations, and so-called findings that have no foundation
whatever.
With reference to the issue of the so· called exploitation of natural
resources, I fully explained our position during the debate in the Second
Committee and I shall reiterate only that it is our view that there is no rule of
international law which could have the effect of barring Israel from the use of
natural resources available in the area. Israel has acted in complete and
absolute accord with international law and practice in this matter.
I . ..
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In conclusion~ the draft resolution before:! us is completely uncalled for~
It is one-sided and biased. It passes over in utter silence the fact that Israel
has endured extremely adverse economic effects as a result of continuing Arab
aggression against it since 1948 in flagrant violation of the United Nations
Charter and resolutions. It is based on utterly false legal premises. It seeks
to prejudge any forthcoming negotiations and will serve no purpose in the quest
for peace in the Middle East.
For the reasons presented by my delegation in the Second Comraittee and here
in the General Assembly_ we utterly reject the draft resolution and will vote
against it.
I . ..
APPENDIX II
Statement by tlr. Israel .Clias_hiy_'2_n_ l;5 _ _ll_ove!ll_ll~.r.___12_7_)j_~_j;he_
;t-_63ot!l-meeting of the Seconci_ _C_O_!Ilill_i:t_tee _9!_ the General
Assembly on agenda i_tem_!_2_
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I wish to address myself to draft resolution A/C.2/L.l372. Before doing so
one can only express once again regret at the renewed attempt to involve this
Committee in highly sensitive political matters which are not only extraneous to
it, but are being fully dealt >rith elsewhere in this session in the General Assembly.
The draft establishes a very negative and non--productive pattern of work for the
Second Committee by engaging it in bilateral political disputes. The Second
Committee has built up, over the years, a positive tradition of dealing with purely
economic and financial matters, and in any case it has avoided as a general
practice any reference in its resolutions to countries involved in bilateral
disputes~ even on economic issues. I need not spell out examples which are of
common knowledge to members of this Committee. This draft breaks with this
tradition.
Last year a very similar proposal was sponsored by a number of countries.
Its purpose was clear, by the constant repetition of spurious charges, to try and
rewrite history. The draft now before us continues in that vein.
Those who have inspired and initiated the draft resolution have singled out
one so--called economic issue which cannot be divorced from that of the whole
complex Middle East problem, which is being discussed elsewhere in this session
of the General Assembly. Furthermore, the specific questions referred to in the
draft resolution have no relevance to the agenda item we are discussing, which is
the report of the Economic and Social Council. The draft relates to the areas
administered by Israel since 1967, and these questions have been discussed in the
Special Political Committee. There we have given a very full statement of the
factual situation and of our position, and I will not take up this Committee's
time by repeating all that.
The motives behind this draft resolution are essentially political in
character. They aim at attributing to Israel exclusive responsibility for all the
consequences of the continuous aggression committed by Arab States against it ever
since 1948, ignoring the responsibility of the Arab States who cannot escape the
consequences of their own aggression against Israel. As is well known, only a
few hours after the proclamation of Israel's independence in 1948, Arab States
proclaimed war against Israel and marched their armies across the borders to crush
her at birth. Let me recall the telegrams sent by Arab Governments and by the
Secretary--General of the Arab League on 14 l1ay 1948, brazenly informing the
Secretary--General of the United Nations of their planned invasion of our country.
I refer to documents S/743, S/745, S/748. In a cable to the Security Council,
contained in document S/743, the then Egyptian Foreign 1-linister, Mahmoud Bey Fawzi,
announced explicitly the invasion, saying that now that the British Mandate in
Palestine has ended, the Egyptian armed forces have started to enter.
I ...
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For more than 26 years, Israel has been subjected to constant aggression and
belligerency by Arab Governments, in defiance of the United Nations Charter and
resolutions. This aggression included economic boycott, blockade of international
waterways, armed raids and sabotage, political warfare and terror designed, in the
words of the late President Nasser, "to strike the death blow at Israel". The
culmination of the Arab aggression was their assault on 6 October 1973, when
Egypt and Syria launched a massive premeditated and unprovoked attack against
Israel as fully described in the reports of United Nations Truce Supervision
Organization, and clearly admitted by the President of Egypt and other Arab
leaders.
By what perverse logic can the Arab representatives accuse Israel of
aggression? A belligerent cannot preach and practise unilateral aggression, and
then demand to be protected from the consequences of his acts.
The principal organs of the United Nations repudiated the malicious Arab
thesis that aggression and a state of war which the Arab States have proclaimed and
practised against Israel conferred upon them the right to blockade, boycott,
threaten, intimidate and engage in political warfare and terror, while requiring
Israel to resign itself to its annihilation, openly promised and planned by Arab
States. They also repudiated all unfounded Arab charges that Israel has been
guilty of aggression.
In 1967, Israel, embattled and besieged and in the face of the avowed
aggression of Egypt, Jordan and Syria, was compelled to defend itself, and the
occupation of the areas administered by Israel since then, is the outcome of that
situation. The continuation of that occupation has been the direct consequence
of the refusal of the Arab States since then to enter into negotiations with
Israel to establish a firm and just peace in the area.
To refer to the Israeli presence in the occupied areas while ignoring that
Israel had arrived there in the course of a war of Arab making is to pervert
fundamental truth.
International law and specific United Nations resolutions have entrusted
Israel with the responsibility for the security of the territories and the safety
of its population. The policy of the Military Administration in the territories
has been to maintain the laws in force in the territories and to conduct its
administration in accordance with the relevant ru1es of international 1aw and
binding international conventions, to promote social and economic development, to
foster good neighbourly relations and to maintain options open for future peace
negotiations.
Progress has been achieved in every field of human life and endeavour, be it
in the sphere of education, health, social services, building activity,
agriculture, industry or development.
To ignore these facts and to place the matter in the distorted mirror of the
draft resolution is an invidious and tasteless misrepresentation which exceeds all
limits. To refer to a situation where tens of thousands of workers from occupied
terdtories find useful and remunerative employment in Israel as "exploitation of
existing resources ;l,. including human resoUrces, is absurd.
I ...
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'1e reject all the baseless allegations aimed at the creation of confusion and
the exploitation of faked issues for political purposes. I would also recall that
the Special Committee, Q/ on the report of which the proponents of this resolution
relied so heavily, was established in an entirely irregular and unconstitutional
manner and, for the further reasons presented by my delegation in the Special
Political Committee when discussing that report, none of its findings and
conclusions have any validity whatsoever.
With reference to the issues of the so-called "exploitation of natural
resources11
, as I stated last year in this Committee, it is our view that there is
no rule of international law which could have the effect of barring Israel from the
use of natural resources available in the area.
Israel has acted in complete and absolute accord with international law and
practice on this issue. Israel has, in accordance with international law, the
responsibility and financial burden of providing public and social services for the
population of the territories and it is entitled to that income to which the former
authorities were entitled. It is completely and patently untenable to claim that
international law stipulates that the occupying Power is bound to provide those
services given by the Government, but that the income to which the Government is
entitled reverts to the previous authority. On this issue, The Hague Regulations
clearly state that the occupying Power is entitled to the usufruct. Any other
interpretation would lead to a situation whereby the occupying Power provides the
services and public utilities, while the income from public property belongs to
the previous Povrer, who 1 during the period of occupation, provides no services
whatsoever. Such a result would be founded neither on logic nor on international
law.
It is obvious that the repeated Arab aggression against my country since
1948, in flagrant violation of the United Nations Charter and resolutions, has had
extremely adverse economic effects on Israel.
To conclude, the draft resolution is completely uncalled for, it seeks to
prejudge any forthcoming negotiations and will serve no purpose in the quest for
peace in the Middle East. We, therefore, reject it completely and hope that many
other delegations will oppose it and not adopt an attitude which can be interpreted
as implying support for it .
. '!/ United Nations, Treaty S_e_ries_, vol. 249, No. 3511.
/ ...
ANNEX V
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Note verbale dated 9 September 1975 from the Perman~nt Representative
of Jordan to the United Nations addressed to the Secretary-General
Loriginal: Englis!!/
The Permanent Representative of the Hashemite Kingdom of Jordan to the United
Nations presents his compliments to the Secretary-General of the United Nations
and with reference to the Secretary-General's note dated 18 March 1975 and regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, and pursuant to his
note of 26 August 1975, has the honour to enclose herewith the revised and final
report on the adverse economic effects on the Hashemite Kingdom of Jordan, resulting
from the Israeli aggression and occupation of the West Bank of the Jordan.
I . ..
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The adverse effects of Israeli occupation of the West Bank
on Jordan's economy
CONTENTS
I. Introduction • • • •
II. Economic development and performance
III. The impact of Israeli occupation on land and human
resources
A. Land •
B. Human resources
C. Employment •••
IV. The impact of Israeli occupation on the Seven-Year
Economic Development Plan • • • • • • • • • • •
V. The impact of Israeli occupation on the economic
performance of Jordan • • • • • . • • • •
The economic situation of the West Bank after
June 1967
VI. Major sectors
A.
B.
c.
D.
E.
Agriculture
Mining and manufacturing
Construction • • • . •
Electricity and water
Tourism . .. ~ . .
The situation after June 1967
F. Trade . . . .. .
The situation after June 1967
G. Transport and communication
VII. Summary and conclusion ••••
APPENDIX
1 September 1975
Paragraphs
1. - 3
4 - 1.0
1.1 - 20
1.1. - 15
16 - 1.8
1.9 - 20
21 - 24
25 - 38
26 - 38
39 - 90
42 - 49
50 - 56
57 - 60
61. - 66
67 - 68
69 - 76
77 - 84
79 - 84
85 - 90
91 - 100
Tables 1 to 7 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
3
3
4
4
5
6
6
7
9
12
1.2
14
15
16
16
17
17
17
I. Introduction
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1. Jordan is situated off the south-eastern shores of the Mediterranean (between
longitudes 34° and 39° bast and latit1:.des 29° a~d 33° North) and extends.
eastwards to the Arabian desert. Jordan covers an area of 94,740 square kilometres
cf vhich 5,874 square kilometres ( 6. 2 per cent) lie on the West Bank of the Jordan
River. The total cultivable area is estimated at 13 million dunums, of whicil
3.2 million dunums (25 per cent) lie on the West Bank.
2. The population of Jordan is estimated at 2.7 million persons in 1975, of
whom about 2 million persons live in the East Bank and 0.7 million persons live in
the \vest Bank. The rate of growth of population is 3.2 per cent per annum. The
density averages at 28.4 persons per square kilometre of total area and
207.7 persons per square kilometre of cultivable area. Adult literacy rate was
60 per cent in mid-1971.
3. The 1961 population census of Jordan indicated that there were 389,978 persons
as economically active; of this, 172,101 persons (44.1 per cent) were in the
\vest Bank. Assuming a participation rate of 20 per cent, the total labour force
in 1975 is 540,000 persons, of whom 400,000 are in the East Bank.
II. Economic development and performance
4. Jordan's economy prior to June 1967 witnessed higher rates of growth than any
other developing country in the world. Jordan's initial effort in drawing up
a Five-Year Economic Development Plan (1962-1967) was superseded by the Seven-Year
Plan for Economic Development (1964-1970).
5. The Seven-Year Plan (1964-1970) was launched in 1964 aiming at increasing the
gross national product (GNP) in real terms by 7.4 per cent per annum and reducing
the ration of foreign trade deficit to GNP from 30 per cent in 1964 to ll per cent
in 1970. The plan also aimed at reducing budget support from JD 14 million to
JD 6 million between 1964-1970 and at increasing employment by 5.5 per cent per
annum4
6. In order to achieve these objectives, the plan called for a total investment
of JD 275 million.
7. Host of the development projects and proposals included in the plan and
scheduled for implementation between 1964 and June 1967 were either implemented or
under way.
8. The gross national product rose at an annual rate of growth of 9.4 per cent.
This high rate of economic growth was maintained with a fairly high degree of price
and monetary stability. The significant features of growth trends in the
composition of expenditure were the rising share of consumption, whose rate of
growth was 15.5 per cent per annum, and the increasing share of investment, whose
annual rate of growth was ll per cent. The rate of growth of exports of goods and
non-factor services was almost double the corresponding figure for imports of
/ ...
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goods and non-factor services (15.4 per cent for exports as against 8.5 per cent
for imports). The net-factor income from abroad rose at an annual rate of
15.3 per cent. The structural change was evidenced in domestic output (whose rate
of growth was 8.4 per cent per annum) in favour of the agriculture, mining and
manufacturing sectors. The annual rates of growth of the agricultural sector
over the 1959-1966 period was 9.1 per cent, mining and industry 15.7 per cent,
construction 10.4 per cent, electricity and water 16.9 per cent and the services
sectors 7 per cent.
9. It is sufficient to mention here that Jordan's absorptive capacity expanded,
its natural resources were efficiently utilized, its human resources were upgradec
and became more productive, its institutional set-up modernized and developed, its
stock of entrepreneurs increased under the umbrella of constitutional continuity,
stability, law and order. The social overhead capital accumulated and increased and
the capacity of the public sector in providing public services and infrastructural
facilities promoted and expanded.
10. A large number of institutions, corporations and firms were established in
the fields of agriculture, industry, mining, trade, business and banking.
III. The impact of Israeli occupation on land and human
resources of Jordan
A. Land
11. The Israeli aggression in June 1967 resulted in the loss of the West Bank,
6.2 per cent of the total area of Jordan, 25 per cent of Jordan's cultivable area,
80 per cent of the land planted with fruits, 45 per cent of land planted with
vegetables, 25 per cent of land planted with cereals and 35 per cent of total
livestock.
Kingdom
West Bank
% of total
Area
94.740
5.874
(6.2)
Area and cultivable land use
(in millions of dunums)
Agricultural land Cereals Vegetables
13.0 8.7 0.6
3.2 2.2 0.3
(25) (25) (45)
Fruits Unutilized
0.9 2.8
0.7
{80)
/ ...
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12. The net irrigable area is 728,000 dunums (mostly lie in the Jordan Valley),
of which 156,000 dunums (32 per cent) are in the West Bank. This area in particular
was subject to frequent attacks and bombardment by Israeli artillery and by air
raids, which continued for years after the occupation and caused severe damages to
irrigation schemes, roads, houses, farms and other installations, which ended in
the destruction of agricultural produce. The total loss in the East Bank caused by
continuous Israeli raids in the Jordan Valley, amounted to JD 55 million, or
JD 97.2 million in 1975 prices.
13. In the West Bank, the agricultural land was greaty reduced owing to the
expropriation of 190,259 dunums of land between 1967 and 1974. Most of the
confiscated land is located around Jerusalem, Jericho and Nablus. Over 13,000
housing units were demolished between 1967 and 1974, leaving their dwellers
homeless.
14. In judaizing Arab Jerusalem, the Israeli authorities demolished entire villages
around Jerusalem, whole quarters in the city, rr~sques and schc~ls. The Israeli
authorities have also confiscated the Palestine museum, 20,000 dunums, including
600 buildings, five mosques, four schools, two markets and two Islamic centres,
leaving their dwellers homeless, in order to resettle 100,000 Jews in 30,000
housing units to be built in Jerusalem so as to outnumber the 70,000 Arabs living
there.
15. The sanctity of the holy places, including the Dome of the Rock and the
Aqsa Mosques and a good number of other mosques and churches, was violated. The
Aqsa Mosque was burnt and its structure threatens to collapse owing to excavations
by Jewish fanatics searching for Solomon's temple.
B. Human resources
16. Israeli aggression caused the influx of over 414,000 evacuees from the Gaza
Strip and the West Bank to East Bank.
17. Israeli authorities deported and put to exile 1,500 persons between 1967
and 1972, entirely demolished three villages, leaving 8,500 persons homeless, and
destroyed 7,542 houses in refugee camps, whose dwellers became homeless for the
second time in their history. Moreover, 6,000 persons were tempted to migrate.
Some of them were supplied with air-tickets free of charge in order to migrate to
the United States of America, Canada and Latin America.
18. The end result was that the population of the West Bank, estimated to be
1.3 million persons in 1975, was reduced to only 700,000 persons who are actually
living there. Of these, 19,000 were committed to prison because they denounced
Israeli occupation.
I . ..
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C. Employment
19. The total labour force, according to the Israeli Central Bureau of Statistics,
numbered 126,400 persons in 1973 at a participation rate of 19 per cent.
20. Israeli policy was determined to utilize the maximum number of the Arab
labour force available in the occupied territory, in order to achieve the
following goals:
(a) To serve Israeli development in the fields of agriculture, industry
and construction and thereby replace the maximum number of Jews serving their
armed forces ;
{b) To choke the occupied territory's resistance to occupation;
(c) To bleed the occupied territory's labour force, which resulted in
the substantial reduction of the West Bank's economic growth and development
potential.
IV. The impact of Israeli occupation on the Seven-Year
Economic Development Plan
21. The implementation of the Seven-Year Plan was halted in the West Bank owing
to Israeli military occupation and work on several vital projects in East Bank
was either delayed or halted. Among these were the Yarmouk Dam, electrification
of Jordan, Jerusalem airport and other projects in the various sectors of the
economy. The total investment of these projects was estimated at JD 175 million
(or JD 332.7 million in 1975 prices), an amount which, if it had been spent, would
have expanded further Jordan's economic potential and its productive capacity.
22. In East Bank, the Government had to adopt an ad hoc development programme and
launched an emergency programme in an attempt to absorb the economically active
population seeking work. The Government also proceeded in implementing projects
and proposals included in the Seven-Year Plan for East Bank.
Plan 22.2
Actual 18.8
Investment in the Seven-Year Plan
(1964-1970)
(in millions of Jordanian dinars)
1965
29.1
23.2
1966
38.9
24.9
1969
46.7
34.2
1970
42.3
23.2
/ ...
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23. Actual investment totalled JD 176 million, part of which was spent on capital
projects not included in the plan. According to the evaluation report, only
40 per cent of the total number of projects and proposals were implemented.
24. Again, Israeli occupation of the West Bank stood in the way of Jordan's
development drive and in the way of achieving the plan's goals.
V. The impact of Israeli occupation on the economic
performance of Jordan
25. The adverse effects of Israeli occupation and its aftermath had precipitated
far-reaching effects envisaged in the following:
(a) The economic performance in East Bank after the 1967 Israeli
aggression was characterized by recession, which started immediately after
June 1967 and continued until the end of 1968. Then a period of recovery
continued until mid-1970, followed by a period of depression, a picture
which reversed itself marginally in 1971, and the economy has continued to
revive since then.
(b) East Jordan's economy suffered, until 1972, from excess demand,
inflationary pressures, financial imbalances, sectoral deficits, rise in
prices and substantial expansion in money and credit.
(c) Table l shows Jordan's GNP projected at 1975 prices for the period
from 1967 to 1975 on the proviso that conditions and growth rates experienced
prior to June 1967 remained the same. Table 2 shows actual data for East
Bank's GNP for the corresponding period in 1975 prices.
(d) In comparing both tables, we find that GNP annual rate of growth
dropped by 7.6 per cent, GDP at market prices dropped by 7.8 per cent,
GDP at factor cost declined by 7.4 per cent, consumption declined by
7.1 per cent, investment dropped by 0.4 per cent, imports of goods and
non-factor services outgrew the 1959-1966 growth rate by 1.4 per cent, exports
of goods and non-factor services declined by 4.6 per cent and net factor
income from abroad also dropped by 6.3 per cent.
(e) Again, by subtracting the findings in table 2 and those in table 3
(West Bank's GNP in 1975 prices according to the Central Bureau of Statistics
in Israel) from table 1, we may observe the following (as shown in table 4):
(i) Jordan's accumulated loss amounted to JD 2.2 thousand million in
terms of economic resources. In 1966, the West Bank contributed
about 45 per cent of the total economic resources in the country;
(ii) The accumulated loss in GNP amounted to JD 1.6 thousand million and
in GDP at market prices JD 1.5 thousand million.
/ ...
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GNP
Imports of
(G+NFS)
Resources/
uses
Consumption
Investment
Exports of
(G and S)
including net
factor income
from abroad
Jordan's economic resources and uses
(1967-1975)
(in millions of Jordanian dinars)
Projected
East and
West Banks
1
5,379.1
2,078.4
7,457.5
4,817.4
801.7
1,838.3
East Bank
2
2,741.2
1,059.1
3,800.3
2,537.6
505.2
757.5
West Bank
3
1,009.6
474.5
1,484.1
871.8
180.0
432.3
Accumulated
loss
(l - 2 - 3)
4
1,618.2
544.8
2,163.0
1,408.0
116.5
638.5
(iii) West Bank's economic resources as shown in the previous table did
not exceed 20 per cent of Jordan's economic resources compared with
45 per cent in 1966. The drastic change can also be seen in other
macro-economic variables.
(iv) Again, Jordan's economy lost in terms of domestic demand an
accumulated amount of JD 1.5 thousand million and in terms of
external demand JD 0.6 thousand million.
(v) The negative saving-investment gap widened. Otherwise, if Israeli
occupation had not taken place, it would have shown positive savings:
(a) Jordan's domestic savings, as shown in table 1, has shown
a surplus since 1972 and until 1975 compared with negative domestic
savings in previous years;
(b) Jordan's net-factor income from abroad (in table 1) showed
an accumulated amount of JD 561.4 million, which would have been used
in supplementing national savings;
(c) External savings in this case would have been in the range
of only 30 per cent of total savings, compared with 58.1 per cent
in East Bank.
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(f) Again, East Bank suffered from balance-of-payments pressures,
especially from 1969 through 1971. The estimated accumulated loss in exports
of goods and non-factor services was JD 525 million and in net-factor income
from abroad was JD 113.8 million.
(g) Domestic revenues of the government budget incurred a loss of
32 per cent of the total. Furthermore, the b~dget was subject to further
financial pressures owing to the following:
(i) The influx of over 414,000 evacuees, who needed food, shelter and
clothing;
(ii) Labour-market pressures;
(iii) The need to expand and reconstruct infrastructure facilities;
(iv) Higher budgetary allocations for defence instead of investment;
(v) Allocations for compensation of farmers at the Ghar area and for
reconstruction of the severely damaged areas in the Jordan Valley as
a result of the continuous daily Israeli raids for several years
after June 1967.
(h) Jordan lost half of its markets, which caused a severe shock in
Jordan's economy, especially in the industry, trade and construction sectors.
(i) The unfavourable effects on business confidence, which caused
reluctance in investment.
(j) The re-routing of sea-borne trade through Beirut instead of Aqaba,
owing to the closure of the Suez Canal.
The economic situation of the West Bank after June 1967
26. The statistical data, presented by the Central Bureau of Statistics in Israel,
on the West Bank do not reflect the true picture for several reasons, among which
are:
(a) GNP figures and other macro-economic variables for the West Bank
in 1971 are far below the 1966 level;
(b) Statistics for the integrated pre-war Jordanian economy showed that
GNP of the West Bank reached JD 79.2 million in 1966, while GNP, as shown in
Israel's own statistics (in 1975 prices), was JD 78.2 million in 1971 for the
West Bank;
(c) Investment in the West Bank (in 1975 prices) was only JD 5.9 million
in 1968, JD 7.7 million in 1970 and JD 9.2 million in 1971, which is far below
the actual figure for 1966;
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(d) Figures quoted for 1968-1971 are far below the corresponding
figures for succeeding years;
(e) Production growth rates between 1968 and 1975 for the West Bank
were 34.8 per cent in GNP, 27 per cent in GDP, 25 per cent in consumption,
26 per cent in imports and 17 per cent in exports. In constant terms, taking
into account the rise in consumer price index of 38.2 per cent, the rates of
growth sustained at market prices will turn to be negative at a declining
trend of 3.4 per cent in GNP, 11 per cent in GDP, 13 per cent in consumption,
12 per cent in imports and 21 per cent in exports.
27. Therefore these statistical peculiarities should be kept in mind in discussion
throughout the report.
28. During the period from 1967 to 1975 the economic performance was below
potential on account of low absorptive capacity, reflecting largely institutional
and manpower constraints.
29. GNP of the West Bank in real terms rose from JD 34.2 million ln 1968 to
JD 117.4 million in 1975.
30. If Israeli occupation did not take place, assuming conditions remained the
same, Jordan's GNP in real terms would have reached a global figure of
JD 434 million. The West Bank's contribution, in this case, will be only
27 per cent in 1975 against 42.6 per cent in 1966, when the West was part of
Jordan.
31. Per capita GNP in real terms in the West Bank was JD 109 in 1972 against the
equiva~ent of JD 514 in Israel in 1972.
32. This low income accompanied by a substantial rise in prices of 38 per cent
per annum, played a dominant role in determining demand and output.
33. West Bank's gross domestic expenditures in real terms is estimated to reach
JD 112.8 million in 1975 against JD 418.3 million for Jordan if the Israeli
occupation had not taken place.
34. Incremental capital output ratio in the West Bank was only 1:1 during the
period, which denotes that most projects were labour intensive projects.
35. The deficit in the balance of trade of goods and non-factor services was
JD 91 million in the West Bank in 1975 against JD 68 million for the Kingdom.
(a) Exports of goods and non-factor services in the West Bank is
estimated to reach JD 52 million in 1975 against JD 234 million for Jordan.
(b) Imports of goods and non-factor services in the West Bank is
estimated at JD 143 million in 1975 against JD 303 million for Jordan.
/ ...
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36. This left the West Bank with a negative saving-investment gap; otherwise if
the economics of both Banks were still integrated, it would have shown a positive
domestic savings.
37. The factors responsible for holding down growth and development in the West
Bank, which continued to exert themselves throughout the period 1967-1975, are
numerous, among which were:
(a) Israeli occupation of the West Bank;
(b) Continuous daily raids on the Jordan Valley for years after the
cease-fire in 1967;
(c) Oppression and confiscation of land and property;
(d) Demolition of entire villages, qunrters of cities, refugee cnmps
and houses;
(e) Bleeding the Arab labour force to serve their own development,
which had adverse effects in the West Bank's development;
(f) Committing thousands of persons to prison and deporting others
outside Israel because they denounced Israeli occupation;
(g) Shifting the economic resources of the West Bank to Israel;
(h) The October War of 1973;
(i) Control over the exploitation of natural and human resources by
means of expropriation, imposition of high tax rates between cities and at
ports of entry and on farmers so that they would leave their farms;
(j) Slow suffocation of human rights, freedom and development.
38. The end result culminated in low productivity, which led to low income
reflected by low savings and low investment, decline in output and in the
productive capacity, especially in people's ability to produce more goods and
services.
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VI. Major sectors
39. The interlocked economic integration between the \vest and East Banks and
intrasectoral flow of goods and services between both Banks was disintegrated and
disrupted as a result of the Israeli occupation.
40. The Israeli occupation of the V/est Bank deprived Jordan of 40 per cent of its
domestic output, or 40 per cent in the primary sector, 12.4 per cent in the
secondary sector and 47.6 per cent in the tertiary sector.
41. Again, table 4 (Jordan's loss in G!IP owing to Israeli occupation) shows that
the accumulated loss in GDP at factor cost between 1967 and 1975 totalled
JD 1.1 thousand million. To put it in a different perspective, Jordan lost (owing
to the Israeli occupation) in domestic income generated out of the primary sector
JD 232 million, in the secondary sector JD 171 million and in the tertiary sector
JD 727 million.
A. Agriculture
42. Income generated from this sector in 1966 totalled JD 27.7 million,
40 per cent of which was contributed by the Hest Bank. The labour force engaged in
this sector accounted for over 35 per cent of the total, of which almost one half
were in the vlest Bank. Agricultural exports constituted 51 per cent of the total
domestic exports in 1966, almost one half of which were contributed by the \vest
Bank.
43. Unfortunately, Israeli occupation in 1967 caused the loss of 80 per cent of
land planted with fruits, 45 per cent of land planted with vegetables, 25 per cent
of crops and 35 per cent of total livestock.
44. Output of wheat rose by 21.2 per cent per annum between 1958-1960 and 1964
and 1966, while tomatoes production rose by 7.9 per cent per annum, other vegetables
8.1 per cent, olives 2.8 per cent, citrus 30.1 per cent and grapes by 3.7 per cent.
Output of princi;eal agricultural products
(000 Tons)
1964-66 Average
Kingdom \lest Bank c'
1'
1. Wheat 224.4 67.3 30
2. Tomatoes 187.1 121.6 65
3. Other vegetables 338.5 220.0 65
4. Olives 55.8 44.6 so
5. Citrus 47.1 28.3 6o
6. Grapes 72.7 43.6 6o
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45. The West Bank's contribution in 1966 in Jordan's agricultural production was
30 per cent in terms of wheat, 65 per cent in tomatoes, 65 per cent in other
vegetables, 80 per cent in olives, 60 per cent in citrus and 60 per cent in other
fruits including grapes.
46. Agricultural output of the irrigated area constitutes 30 per cent of the total;
in spite of the fact that only 5.6 per cent of all cultivable land is under
irrigation. Therefore, the Government gave top priority to irrigation schemes, most
of which were in the Jordan Valley. Unfortunately the continuous Israeli raids for
several years after 1967 on the Valley severely damaged several hovses, farms,
roads, irrigation schemes and other installations, including the Yarmouk dam, East
Ghor Canal and other canals and laterals. Consequently, agricultural produce,
income and exports were hardly affected. The total estimated loss was
JD 55 million, or JD 97.2 million in 1975 prices.
47. The main features of the Yarmouk project included the construction of two dams
of an annual capacity of 550 MCM, main canals and a system of laterals, extending
and raising the sides of the East Ghor Canal, drainage system and erecting a
hydro-electric power plant of a capacity of 62 MW, at a total cost of JD 45 million.
This project was to irrigate over 500,000 dunums and to increase agricultural income
by JD 24 million when completed. This meant a further loss in agricultural income
in the amount of JD 47.3 million, as estimated in 1975 prices, and JD 97.2 million
caused also by Israeli raids on the Jordan Valley or a total of JD 139.5 million.
48. Furthermore, the sectoral deficit between East and West Bank after the 1967
Israeli aggression can be attributed to the flow of agricultural products from the
West to East Bank, which had a direct effect in accumulating over JD 40 million in
terms of currency held by the public in the West Bank, which would constitute a
threat to the Jordanian dinar's par value if it were to be claimed by Israel.
49. Consequently, the situation of the agricultural sector in the West Bank is in
no way to be envied owing to several intolerable measures which have been undertaken
by the Israeli authorities:
(a) Several villages were almost del'!Olished and farmers' houses vere
destroyed, leavinr; farmers homeless seekinr: refu!'"e somewhere else;
(b) The agricultural land has been decreased substantially owinry to
continuous confiscation of ar:ricultural land, vhich amounted to a total figure of
over 190,000 dun~ till 197~;
(c) The percentar;e of ar:ricultural workers to the total labour force dropped
from 35 per cent in 1966 to only 21 per cent mring to several types of pressures and
persuasion;
(d) The farmers are sufferinrr from the risinr: cost of inputs marketed mostly
in Israel and from the heavy burden of taxes, which in several cases forced the
farmers to leave their farms and to seek work sor1ewhere else~
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(e) Israeli authorities are endeavoring to introduce changes in the cropping
pattern by discouraging nroduction of competitive crops and favouring compler>entary
crops to Israeli agricultural produce;
(f) These measures led to a reduction of Hest Bank's output, income and
exports;
(g)
and 1975
raids on
The estimated accumulated loss in
is JD 232 million (see tables l to
the Jordan Valley, JD 140 million,
agricultural net income between 1967
4) and, on the account of the Israeli
or a total of JD 312 million.
B. Mining and manufacturing
50. The role of the Hest Bank in this sector was significant. Income generated out
of this sector was JD 11.3 million in 1966, of which JD 3.5 million (20 per cent)
was the contribution of the West Bank. Total industrial employment in the 1•/est
Dank was 13,850 persons or 37 per cent of the total. Industrial establishments in
the \lest Bank were 3,308 or 48 per cent of the total establishments in both Banks.
51. A cursvry analysis of industrial production during the period prior to the events
of 1967, revealed that cement production had risen fivefold between 1958 and 1966,
while the production of soap and brewing tripled, cigarettes more than doubled,
while petroleum products doubled between 1961 and 1966.
52. Again, Israeli aggression and occupation of the \'lest Bank caused the loss of
half of Jordan's markets, which was an important outlet for East Jordan's products.
Output of principal industries
May-June Change June--December Change
1966 1967 ,_, I• 1966 1967 %
l. Cement 140 131 -2 22) 152 -35.3
(000 tons)
2. Petroleum products 165 198 20 265 195 -26.4
(ooo tons)
3. Sole leather 144 133 -10 201 105 -47
(tons)
4. Upper leather lll 254 44 409 168 -59
(tons)
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53. With the exception of phosphate production (whose exports declined owing to
closure of the Suez Canal and Syrian borders), output of principal industries did
not reach the 1966 level except in late 1968 and 1969. Curtailment in the rate of
growth of production by leading industries as a result of the loss of the West Bank
markets contributed to the sharp decline in production of 59 per cent in upper
leather, 47 per cent in sole leather, 35 per cent in cement and 26 per cent in
petroleum products. This sharp decline and slackening of growth resulted in a
sluggishness in consumer spending, retail sales and production in other lines of
industry.
54. The Israeli aggression and occupation of the West Bank caused the delay in
implementing the potash project, which was scheduled to commence operation in 1968
with an initial production capacity of 500,000 tons. The total cost of the project
was JD 30.5 million to be invested throughout the plan period. Jordan's exports
would have increased by JD 5.4 million by 1970. Several other projects were
scheduled to be implemented in the manufacturing and mining sector, but
unfortw.ately were not implemented owing to occupation of the West Bank.
55. Again, Israel exerted their concerted efforts to integrate the activities of
this sector with Israel's own activities and undertook several measures in order to
isolate this sector from other sectors of the economy, among which were:
(a) Restriction of the purchase of raw materials needed by the West
Bank's industries to those produced by their own;
(b) Imposition of direct import controls;
(c) Creation of marketing problems in order to weaken this sector;
(d) Maintaining the West Bank as a consumer market and an outlet for
Israel's industrial production;
(e) Prevention of the establishment of competitive industries and
encouragement of industries complementary to their own.
56. Again the estimated accumulated loss in income generated out of this sector
between 1967 and 1975 is JD 103 million (see tables l to 4).
C. Construction
57. Jordan's generated income out of construction activity in 1966 amounted to
JD 9.3 million, of which JD 3.3 million (35 per cent) constituted the West Bank's
contribution in this sector. The area of residential and non-residential buildings
built in 1966 in Jordan totalled 314,000 square metres, of which 75,000 square metres
(24 per cent) were built in the West Bank. The rate of growth between 1959 and 1966
was 10.4 per cent per annum.
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58. Unfortunately, the Israeli occupation caused severe deterioration in this
activity to the extent that the volume of the area built for residential purposes in
1970 equalled only the volume of the area built in Nablus in 1965.
59. Noreover, Israeli occupation not only hindered the bolstering of this activity,
but also demolished a total number of 13,000 housing units up to 1974, leaving their
dwellers homeless and seeking shelter elsewhere; in many cases they were deported
to East Bank.
60. The estimated loss of income generated out of this sector is 58 million
between 1967 and 1975.
D. Electricity and water
61. Jordan's value added in this sector in 1966 totalled JD 2.3 million, of which
JD 0.7 million (31 per cent) was contributed by the vlest Bank. The installed
capacity of electric power in Jordan in 1961 was 29 NW, of which 9.4 l1W
( 32 per cent) was installed in the vi est Bank. Electricity consumption rose from
59.6 million Kwh in 1961 to 154.1 million Kwh in 1966 or at an annual rate of
growth of 21 per cent. The generated electric power in Jordan of 177 million Kwh
in 1966 dropped to 96.6 million in 1967 or a drop of 45.4 per cent.
62. Assuming the same rate of growth of 21 per cent, electricity generation would
have a global figure of 809 million Kwh in 1974 as against 213 million Kwh actually
generated in East Bank in 1974.
63. Jordan's electrification scheme was about to be implemented. The project of
JD 5-7 million involved the erection of a national grid of 132 Kv linking Zerqa,
Amman, Jerusalem, Nablus and Irbid, and construction of a steam power station of
88 NW and a hydroelectric generating plant of a capacity of 30 NW.
64. Unfortunately, Israeli occupation stood in the way of implementation.
65. Currently, Israel is exerting concerted efforts to link several cities in the
West Bank, especially in the Nablus area, with their own network, thus increasing
the reliance of the vi est Bank's needs on Israel's own power and resources.
66. The total loss in income generated out of this sector is JD 10 million
between 1967 and 1975.
E. Tourism
67. Jordan is endowed with some of the most interesting historical and religious
sites in the world. These inexhaustible natural resources in terms of Jordan's
history, geography, scenery and climate, far from depreciating with use, have
yielded attractive returns to Jordan.
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68. Tourist arrivals in Jordan increased substantially from 104,100 persons in 1959
to over 618,000 persons in 1966 (or at an annual rate of growth of 29 per cent).
Tourism income increased accordingly from JD 2.9 million in 1959 to JD 11.3 million
in 1966 (or at an annual rate of growth of 21.4 per cent).
The situation after the 1967 Israeli aggression
69. The estimated accumulated loss in tourism income is JD 453.6 million between
1967 and 1975.
70. Several hotels, touristic facilities and other development projects in the
tourism sector were scheduled to be implemented, but unfortunately Israeli
occupation stood in the way of development.
71. Israeli occupation prevented the preservation, consolidation and maintenance
of several holy places, historical and archeological sit~s.
72. The sanctity of Jerusalem, Hegron and other holy places, including mosques and
churches, were violated.
73. Israeli authorities demolished and destroyed several mosques and Christian
holy places which are part of the inheritance of all mankind.
74. Israeli authorities confiscated the Palestine Museum, Moslem Waqf property,
and a large area of land.
75. The new plan of judaization had placed 70 per cent of all Moslem properties
around the great twin Moslem mosques under Israeli possession.
76. Israeli acts of oppression extended to Arab people.' s rights, freedom,
existence and development, which are subject to slow suffocation.
F. Trade
77. Income generated out of this sector was JD 28.9 million in 1966, of which
JD 13.0 million (45 per cent) represented the contribution of the \-lest Bank. Total
business concerns in the West Bank were 6,118 establishments in 1966 or 53 per cent
of the total number of establishments in Jordan. The labour force engaged in this
sector in the West Bank were 12,028 persons or 44 per cent of the total.
78. The West Bank accounted for 64 per cent of Jordan's exports of goods and
serv~ces and one half of its imports of goods and services.
The situation after 1967 Israeli aggression
79. The estimated accumulated loss in terms of exports of goods and non-factor
services is JD 525 million between 1967 and 1975 and, in terms of imports of goods
and non-factor services, is JD 545 million.
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80. Jordan's loss in capital inflow is estimated at JD 639 million.
81. The estimated accumulated loss in net factor income from abroad is
J1) 114 million.
82. In the West Bank, the export/import ratio was 43 per cent, the i~~orts
aggregate demand ratio 38 per cent and imports total consumption 54 per cent.
83. Israel authorities undertook several measures to threaten the development of
this sector by demonstrating the following policy:
(a) It subjected Arabs to Israeli lmrs and refl:\lletions and abrogated all
Jordanian lmrs previously applied;
(b) It imposed heavier taxes and municinal fees causinfl: undue hardshin and
additional financial burdens;
(c) It sub,jected inhabitants to heavier rates of income tax thus burdenin~>:
them with further material losses to those already sustained in conse~uence of
the occupation;
(d) It erected customs barriers between cities and collected excise duties
on all imported goods from other cities within the Fest Bank;
(e) It imposed customs and duties accordin~>: to Israeli laws, includin~ goods
already in stock which were imported even before June 1967, bearing in mind that
per capita GNP in the Fest Bank is only one fifth of Israel's;
(f) It refused to recognize Jordanian licence permits and exerted further
economic pressures, especially on travel offices and their agents.
84. Again the estimated accumulated loss in income generated out of this sector
is J1) 239 million between 1967 and 1975.
G. Transport and communications
85. The role of the West Bank in the transport sector was significant. The West
Bank accounted for 50 per cent of Jordan's generated income of the transport sector,
36 per cent of the total labour force engaged in the transport sector and 65
per cent of total transport facilities.
86. Unfortunately, works on several roads had to be halted owing to the occupation
of the West Bank. Among these roads were the Ramtlla-Amman-Jerusalem road, the
Hebron-Jerusalem-Nablus road and the Hebron-Dead Sea road. Also the work for the
improvement of the Jerusalem Airport was stopped.
87. Currently, only heavy-vehicle movements under strict control can be carried out
between East and West Banks through the reopened bridges. This situation led to the
segregation of transport activities, which have been transformed into the Israeli
econcmyo
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88. The estimated accumulated loss in income generated out of the transport sector
is JD 117.6 million between 1967 and 1975 (see tables 1 to 4).
89. In communications, the work in improving the telecommunication networks and
installing the microwave system of JD 2.4 million between Jerusalem and Amman were
halted. Implementation of several other projects in telecommunications, such as
automatic exchanges and carrier units, had to be stopped.
90. These and several other projects were financed out of foreign loans, which had
to be repaid, including interest by the Government of Jordan, thus honouring the
amounts of the loans withdrawn.
VII. Summary and conclusion
91. The Israeli aggression of 1967 and the Israeli occupation of the vlest Bank and
its after~ath have precipitated far-reaching adverse effects on Jordan's
socio-economic set-up, economic development and performance.
92. The Israeli aggression resulted in massive population displacement of over
414,000 to East Bank; created pressures on the budget, labour market and urban
infrastructure; caused an unfavourable effect on business confidence and the
entrepreneurial climate; hampered development; suspended the implementation of the
Seven-Year Plan; and caused financial imbalances and balance-of-payment pressures.
93. In violating the cease-fire orders taken by the Security Council in 1967,
Israel continued its daily raids on the Jordan Valley for several years, thus
causing severe damage to irrigation schemes, infrastructural facilities, farms,
agricultural produce, houses and other installations and structures in the area,
which culminated in a total loss of JD 140 million.
94. In the Hest Bank, Israeli authorities confiscated over 190,000 dunums of
agricultural land, demolished over 13,000 houses, entire villages, whole quarters
in the city of Jerusalem, several mosques, schools and markets. The property of
absentee Arab landlords was placed under Israeli custodianship - a preliminary
step towards complete confiscation.
95. Moreover, the sanctity of the holy places was violated. The Israelis violated
the sanctity of the two great twin mosques (the Dome of the Rock and Al-Aqsa
Mosques), the holy sepulchre, Al-Ibrahimi Mosque, the nativity and several other
mosques and churches.
96. The Israeli oppression, aggression and intolerable acts extended to Arabs'
rights, freedom, existence and development, and subjected them to slow suffocation.
Over 1,500 persons were deported, 19,000 persons were committed to prison, over
6,000 persons were either forced or were tempted to migrate to the Western
Hemisphere and several thousands were tortured, humiliated, dragged and forced to
be homeless, unsheltered and without any means of survival.
97. In addition, Arab economic resources in the West Bank were shifted to Israel;
the Arab labour force was bled, thus choking economic growth potentials and causing
severe reduction in the agricultural and the industrial output of the West Bank.
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98. Inhumane acts of aggression were envisaged in the construction of physical
barriers and customs barriers between cities, which restricted passage throughout
the West Bank. Israel subjected Arabs to heavy income tax, high rates of customs
and excise duties, municipal fees and a host of other intolerable measures, thus
causing undue hardship to farmers, landlords, real estate owners, businessmen and
industrialists, who were forced to leave their farms and business concerns seeking
some other means of survival.
99. It is quite clear from the above that Israel had and still is violating,
ignoring and neglecting the Charte;:- of the United Nations, the Universal
Declaration of Human Rights, the basic principles of justice, che Geneva Convention,
a whole series of resolutions adopted by the General Assembly and the Security
Council, the stipulations of international law and international conventions
governing the state of war and the treatment of civilians in occupied territories.
100. The influence of the adverse effects of the Israeli occupation on Jordon's
economy can be felt in the following:
(a) The loss of the liest Bank, 6.2 per cent of total area of Jordan,
25 per cent of its cultivatable area, half of its markets, 48 per cent of the
industrial establishments and 53 per cent of the business concerns;
(b) Jordan was deprived of 45 per cent of its economic resources, 43 per cent
of its GNP, 2fO per cent of its GDP, 40 per cent of total income generated in the
primary sector, 31.2 per cent in the secondary sector and 42.6 per cent in the
tertiary sector;
(c) To put it in a different perspective, Jordan's material loss can be
summarized as follows:
(i) The estimated loss in total economic resources is JD 2.2 thousand million,
of which:
a. The loss in GNP is JD 1.6 thousand million;
b. The loss in exports of goods and non-factor services is
JD 0.5 thousand million;
c. The loss in net factor income from abroad is JD 114 million.
(ii) In other words, the estimated loss in gross domestic income generated
within the economy is JD 1.1 thousand million of which:
a. The loss in the primary sector, including damages sustained
in the Jordan Valley, is JD 0.4 thousand million;
b. The loss in the secondary sector is JD 0.2 thousand million;
c. The loss in the tertiary sector is JD O.T thousand million.
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1.
2.
3·
4.
5.
6.
..___
-Ta-ble- 1
Projected gross national product o£ Jordan 1967-1975
(at 1975 prices)
(In millions of Jordanian dinars)
1966 1967 1\)68 1969 1910 1971 1972 19'B 1974 1975 Total Growth ra te.s
(1959-66)
ner cent
Gross national product (MP) 185.78 416.,7 451.8o 500.90 533· 55 574.68 632.83 69o.17 753·98 824.78 5 379.o6. 17.2
Gross domestic product (MP) 170.63 38o.8o 411.41 455.03 481.47 515.~ 565.66 613.91 667.38 726.44 4 817.63 16.8
(a) Gross domestic product 149.74 3}2.29 356.90 ,9,.76 412.64 438.19 . 478.76 516.29 557·69 6o}.19 4 Q90. 7l 16.2
(b) Indirect taxes 20.89 48.51 54.51 61.27 68.83 77.34 86.90 97.62 109.69 123.25 727-92 21.8
Consumption 188.78 415.34 441.81 469.86 499.22 530.17 562.67 596.61 632.26 669.44 4 817.38 15.5
Gross capital formation 26.}9 59.84 65.62 72.00 78.95 86.60 94.99 1o4.16 114.25 125.32 Bol.73 18.9
Resources gap -44.52 -94.}8 -96.03 -86.82 -96.70 -101.23 -92.06 -86.86 -79.14 -68.32 -8oL54 12.8
(a) Imports of G and NFS -76.6o 170.18 182.87 196.56 211..21 226.99 243.96 262.13 281. 'B 302.78 2 078.41 16.5
(b ) Exports of G and NFS 32.o6 75.80 86.84 109.74 114.51 125.76 151.90 175.27 202.59 234.46 1 216.87 23.2
Net factor income from abroad 15.15 35.57 40.39 45.87 52.o8 59.15 67.17 76.26 86.60 98.34 561.43 23.1
- ' ---- - ---- --- -
~: For 1966! Department of Statistics.
Notes: !/ 1967-1975 figures were computed by the National Planning Council according to the 1959-1966 trend plus a 7.8 per cent rise in prices
and adjusted accord!~ to 1975 prices.
~/ Exports o£ goods and non-f~ctor services were computed as follows:
(a) Exports of goods were computed according to the 1959-1966 trend of 17.3 per cent plus a 7.8 per cent rise in prices and adjusted
according to 1975 prices;
(b) Travel income was computed according to the 1959-1966 trend of 21.4 per cent plus ~ 7,8 per cent rise in prices and adjusted
according to 1975 prices;
(c) Other services receipts were computed at the 1959-1966 trend of g.4 per cent plus a 7.8 per cent rise in prices and adjusted
according to 1975 prices.
d) GNP and GDP figures were slightly adjusted in accordance with the f'indings of' exports of' goods and non-f'actor services.
~ In all computations, 1g66 figures were taken aa a base year.
---
~"" 1~l "~i l'...~..
i'Drtll--'0
f\) ~ ~· .!8
1--"<:::J'o
l.
2.
3.
4.
5·
6.
-
Gross national product (MP)
Gross domestic product (MP)
(a) Gross domestic product
(b) Indirect taxes
Consumption
Gross capital formation
Resources gap
(a) !mports of G and NFS
(b) Exports of G and NFS
Net factor income from abroad
~: Department of Statistics.
~
Gross national product_o~ ~~t Bank (1967-1975) at 1975 prices
(In millions of Jordanian dinars)
1967 1968 1969 1970 1971 I 1972 1973 I 1W4 ! 19751 Total
! !
329-91 290.23 318.11 .272.45 274.82 276.46 283.18 336.o4 I 36o.oo I 2 74L2o
308.93 272.65 295.39 252.99 256.87 258.62 256.15 300.27 322.00 2 523.87
276.51 240.99 261.31 223.05 229.25 228.04 222.07 263.41 285.00 2 229.63
32.42 31.66 34.08 29-94 27.62 30.58 34.08 36.86 37.00 294.24
303.21 290.24 314.86 263.47 263.77 263.72 250.28 284.01 304.00 2 537.56
43.86 45.73 51.94 34.43 49.72 53.51 58.75 80.22 87 .oo 505.16
-38.14 -63.33 -71.41 -44.91 -56.62 -58.60 -52.88 -63.96 -69.00 -518.85
91.54 112.58 123.35 92.81 93.91 105.74 111.63 148.51 179.00 1 059.07
53.40 49.25 51.94 47.90 37.29 47.14 58.75 84.55 110.00 540.22
20.98 17.58 22.72 19.46 17.95 n.84 27.03 35.77 38.00 217.33
~: Figures shown are at market prices and adjusted according to 1975 prices.
Growth rates actual
(1967-1975)
per cent
9.6
9.0
8.8
10.2
8.4
18.5
17-9
_l8.6
16.8
"'!r!l'<:. &:~[Jll-'
I'Ditll--'0 M ..,.N
"fi' .)<;":T"O'
1.
2.
3·
4.
5·
6.
Gross national product (MP)
Gross domestic product {MP}
(a) Gross domestic product
(b) Indirect taxes
Consumption
Gross capital formation
Resources gap
(a) Imports of G and NFS
(b) Exports of G and NFS
Net factor income from abroad
·-
Table 3
Gross national product of the West Bank at 1975 prices {1968-1975)
(In millions of Jordanian dinars)
1968 1969 1970 1971 1972 1973
82.00 73.50 71.40 78.20 108.50 112.90
80.60 65.90 61.70 63.00 83.00 82.70
75.00 60.50 56.20 56.90 77.10 76.50
5.60 5.40 5.50 6.10 5.90 6.20
96.40 81.50 78.70 75.80 95.80 92.80
5.90 6.70 7.70 9.20 15.90 19.60
-21.70 -22.30 -24.70 -22.00 -28.70 -29.80
51.50 42.80 40.90 39.60 52.50 51.30
29.80 20.50 16.20 17.60 23.80 21.50
1.40 7.6o 9.70 15.20 25.50 30.20
1974
124.40
88.90
82.20
6.70
95.30
25.90
-32.20
52.90
20.70
35.50
'---··
~: Central Bureau of Statistics, Israel for 1968-1972.
Growth rates
1975 Total (1968-1972)
per cent
358.70 1 009.60 34.8
253.50 779.30 26.6
234.20 718.60 26.6
19.30 60.70 34.3
255.50 871.80 25.5.
89.10 180.00 61.0
-91.10 -272.50
143.00 474.50 26.3
51.90 202.00 17.5
105.20 230.30
~: !) 1973-1975 figures were computed according to the 1968-1972 trend at market prices prevailing in Israel and adjusted according to
1975 prices.
2/ Consumer price index and Israel's official exchange rates were obtained from the International MOnetary Fund (International Financial
- Statistics, vo1, 26, No. 11, November 1973; and vo1. 28, No. 6, June 1975).
11 Consumer price index of Israel for 1968-1975 were (1967 = 100): 102.0, 104.5, 110.9, 124.2, 140.2 1 168.1, 235.0 and 305.6.
4/ Exchange rates of Israel's pound/JD per (1967-1970) were 10, for 1971, 1972 were 12, 1973 were 12.8 and for 1974, 1975 were 19.2 pounds
- per 1 Jordanian dinar.
"i;"!l'l: :t::s~f-1
<DCII-'0
Nx~~
w<P'o
'"Ui!:'t<:l>-
~ s o5l ";:;
111!111-'0
/\) ~ :;;·~
~<l:J'o
Table 4
Jordan 1 s loss in Bank)
(In millions of Jordanian dinars)
1967 1968 1969 1970 1971 1972 1973 1974 1975 Total
L Gross n~tional product (MP) 86.46 8o.17 109.01 189.70 221.66 248.79 283.73 293.54 115.08 1 618.20
2. Gross domestic product (MP) 71.87 58.76 93.46 166.78 195.66 223.96 264.70 278.21 159.94 1 504.4o
(a) Gross domestic product {FC) 55.78 41.51 71.67 133.39 152.o4 173.54 207.36 212.08 92.89 1 131.42
(b) Indirect taxes 16.09 17.25 21.79 33.39 43.62 50.42 57.34 66.13 67.05 372.98
3. Consumption 112.13 55.17 73.50 257.05 190.60 197.15 253.53 252.95 109.94 1 408.02
4. Gross capital formation 15.98 13.99 14.36 36.82 27.68 25.58 26.19 8.13 51.22 116.57
5. Resources gap -56.24 -11.00 +6.91 -27.09 -22.61 -4.76 -14.18 +17.02 +91.78 -20.19
(a) Imports of G and NFS 78.64 18.79 30.41 '1'T .50 93.48 85.72 99.20 8o.32 -19.22 544.84
(b) Exports of G and NFB I 22.40 7.79 37.30 50.41 70.87 80.96 85.02 97.34 72.56 524.65
6. Net factor income from abroad 14.59 21.1n 15.55 22.92 26.00 24.83 19.03 15.33 -44.86 113.80
Note: Figures shown in the table above are table 1 minus the sum total of tables 2 plus 3.
:--
Table 5
Jordan's loss in tourism income
(In millions of Jordanian dinars)
Projected Actual
Market prices 1975 prices Market prices 1975 prices
1967 14.55 27.47 6.79 12.95
1968 18.80 33.07 4.60 8.09
1969 24.29 39.42 4.53 7-35
1970 31.38 46.98 4.85 7.26
1971 40.54 55.99 6.35 8.77
1972 52.38 66.73 8.30 10.57
1973 67.67 79.51 10.71 12.58
1974 87.43 94.77 17.29 18.74
1975 112.96 112.96 17 .oo 17.00
556.90 103.31
Source: Department of Statistics and Central Bank.
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Loss
1975 prices
14.52
24.98
32.07
39.72
47.22
56.16
66.93
76.03
95.96
453.59
Note: 1966 considered as base year of JD 11.26 million as tourism income.
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Table 6
Cost-of-living index of Amman
Cyclical Spliced
Deflator Used
1966 = 100 1967 = 100
1967 104.1 100.0
1968 103.8 99-7
1969 111.9 107.5
1970 119.5 114.8
1971 124.6 119.7
1972 134.7 129.4
1973 148.8 142.9
1974 178.5 171.5
1975 197.2 190.1
Source: Department of Statistics.
I ...
Table 7
Israel's consumer price index and the pound's exchange rates
(1967-1975)
Deflator used Exchange rates
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1966=100 1967=100 Pound/Dollar Pound/Jordanian Dinar
1967 101.7 100.0 3.5 10.0
1968 103.3 102.0 3.5 10.0
1969 106.3 104.5 3-5 10.0
1970 112.8 110.9 3-5 10.0
1971 126.4 134.2 4.2 12.0
1972 142.6 140.2 4.2 12.0
1973 171.0 168.1 4.2 12.8
1974 239.0 235.0 6.0 19.0
1975 310.8 305.6 6.0 19.2
Source: International Monetary Fund, International Financial Statistics,
vol. 26, No. 11, November 1973; and vol. 28, No. 6, June 1975.
I . ..
ANNEX VI
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Letter dated 19 March 1975 from the Secretary-General to the heads of the
United Nations Conference on Trade and Development, the United Nations
Industrial Development Organization, the International Labour Organisation,
the Food and Agriculture Organization of the United Nations, the United
Nations Educational, Scientific and Cultural Organization and the
International Bank for Reconstruction and Development
{Original: Englis!J
I am writing to you in connexion with General Assembly resolution 3336 (XXIX),
paragraph 5 of which reads as follows:
"Requests the Secretary-General, with the assistance of the relevant
specialized agencies and United Nations organs, including the United Nations
Conference on Trade and Development, to prepare a report on thP adverse
economic effects on the Arab States and peoples, resulting from repeated
Israeli aggression and continued occupation of their territories, to be
submitted to the General Assembly at its thirtieth session. 11
Since information concerning economic matters which is normally available
to the United Nations Secretariat is not adequate to enable me to prepare the
report requested by the General Assembly, a note verbale has been sent to the
permanent representatives of Egypt, Jordan, Israel, Syrian Arab Republic and
Lebanon inviting them to provide me with information available to them which they
consider to be relevant to the subject matter of the report requested by the
General Assembly.
In line with the above-cited paragraph of resolution 3336 (XXIX) I am inviting
you to supply me with any information which you may have which is directly related
to the subject matter of the report requested by the General Assembly.
I should be most grateful if you could send me any material you may have
before 1 July 1975, in order that the requested report may be submitted to the
General Assembly before the opening of its thirtieth session.
(Signed) Kurt WALDHEII1
Secretary-General
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ANNEX VII
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Letters dated 2 lla,v and 26 August 1975 from the Director-i';eneral of the
International Labour Office addressed to the Secretary-General
A. Letter of 2 !!ay 1975
[Original: Englisg7
In your letter of 19 March 1975, you requested me to send you, by 1 July 1975,
any information I might have which is directly related to the question of "the
adverse economic effects on the Arab States and peoples, resulting from repeated
Israeli aggression and continued occupation of their territories", on which you are
requested, by General Assembly resolution 3336 (XXIX), to submit, with the
assistance of the relevant specialized agencies, a report to the General Assembly
at its thirtieth session.
As I understand the question, it relates essentially to the economic aspects
of the situation, such as industrial and agricultural production, use of natural
resources, international trade and allied subjects, which are not primarily within
the competence of the ILO, and therefore there is no directly relevant,
authoritative information available to the ILO which would be of assistance in the
preparation of your report.
However, there have been, within the ILO, several developments regarding
aspects of the situation referred to in General Assembly resolution 3336 (XXIX)
which fall within its competence and which I should bring to your attention, if
only to help you build up a complete picture of the handling of the various aspects
of the situation in the components of the United Nations system.
At its fifty-ninth session in June 1974, the International Labour Conference
adopted a resolution concerning the "Policy of discrimination, racism and
violation of trade union freedoms and rights practised by the Israeli authorities
in Palestine and in the other Arab territories", a copy of which is ~ucloseU.
(see appendix III below). ·
At its l94th session in November 1974, the Governing Body took the following
decision in regard to the resolution:
"The Governing Body instructs the Director-General:
"(l) To communicate the resolution to the Israeli authorities;
"(2) To ensure for the regions concerned by the resolution, as far as
possible in the languages of the country, the widest dissemination
of ILO documents concerning the exercise of civil liberties and trade
union rights;
"(3) To submit to the Governing Body at its next session a report and
proposals concerning the implementation of the operative part of the
resolution;
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" ( 4) To keep the Conf'erence inf'ormed of the measures taken in application
of' the resolution."
In communicating the resolution to the Government of Israel in November 1974,
I also drew the Government's attention to the operative paragraphs of' the
resolution. Early in 1975, I sent the Governments, international intergovernmental
organizations and employers' and workers' organizations of' the regions concerned,
in addition to the text of the resolution, copies of' a document issued in Arabic,
English and French setting f'orth the principles and standards of the ILO on the
subject of the exercise of' civil liberties and trade union rights and ref'erring
in particular to the ILO standards on freedom of association, the elimination of
discrimination in employment and the abolition of forced labour. A copy of' this
document is also attached (see appendix II below). I specif'ied that these
documents were being dispatched with a view to their dissemination in the regions
ref'erred to in the Governing Body's decision mentioned above.
Reporting to the Governing Body at its 195th session in March 1975, in
accordance with point (3) in that decision, I stated that I would keep the
situation under review in the light of' inf'ormation I might receive and would
consider what action might be required. I would bear in mind the possibility of
sending a representative to the area to obtain the necessary inf'ormation, should
such a mission appear desirable. I would report to the Governing Body at an
early session. The Governing Body took note of' the measures taken or contemplated
and instructed me to pursue such action along the lines indicated.
I should add that, on 7 October 1974, I had received a communication from
the Government of Israel requesting that a special survey of' the situation of
Arab workers in the territories administered by Israel as regards allegations of
discrimination in the f'ield of employment be made as rapidly as possible by an
independent expert to be appointed in accordance with established procedures f'or
conducting such survey. The document by which this request was brou"'ht to the
attention of the Governing Body (GB.l94/23/42) is attached (see appendix I below).
At its 195th session in March 1975, the Governing Body agreed that it should be lef't
to the Director-General and to its of'f'icers to consider what ef'f'ect should be
given to the request made by the Government of' Israel.
I shall not f'ail to keep you informed of any f'urther developments.
(Signed) Francis BLANCHARD
Director-General
I . ..
INTERNATIONAL LABOUR OFFICE
BUREAU INTERNATIONAL DU TRAVAIL
OFICINA INTERNACIONAL DEL TRABAJO
GOVERNING BODY
CONSEIL D'ADMINISTRATIDN
CONSEJO DE ADMINISTRACION
APPENDIX I
·:rwenty-third Item on the Age:1.da
REPORT OF TRE DIRECTOR-GENERAL
Tenth Supplementary Report
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GD.l94/23/42
194 t~'l Scssio~
Genev:a,
l?-15 l\ovember 1974
Re uest Made b the Government of Israel for a Snecial
Surve o e arr1e a ~n e 1 o er aln e a ions
re a 1ng o 1scrlm1na 10n 1n e 1e o mp oymen ...
1. On 7 October 1974 the Director-General received a co~~unlcation from the
Government of Israel requesting that a special survey of the s_i tuabon of Arab
workers in the territories administered by Israel as regards allegations of discrj_
mination in the field of em-ployment be made as rapidly as possJble by an independent
expert to be appointed. in accordance with the procedure aprJroved by the
Governing Body at its 19lst (November 1973) Session.
2. The Governing Body will recall that at its 188th Session (November 1972)
it had given its endorsement to an innovation in the ILO's programme of practical
action for the elimination of d.iscrimination in employment, consisting of the
possibility of carrying out special surveys of the situatior_ and problems of a
country, with a view to making an impartial evaluation of the facts, providing the
goverrunent with tecP..nical aid to clarify uncertain or disputed situations and overcoming
the difficulties e~countered. Subsequently, at its 19lst (November 1973)
Session the Governing Body had approved a procedure for the examination of requests
for the carrying out of such special surveys. The details of this procedure are
set out in the Appendix tc the present papeT. It e~trusts the Director-General
with "examining the effect to be given to any request for a special survey submitted
by a member Sta+;e · ... and to settle the arrangements for carrying it out in agreement
with the government''·
3. The Director-General has consulted the Officers of the Governing Body on
the follow-up to be given to the req_uest made by the Govermnent o_f Israel. ·rhe
Officers have considered that the survey requested falls within the fra~ework of
the system of special surveys approved by the Governing BoOy, that the request is
receivable under the procedure laid down, and that the Director-General should, in
accordance with that procedure, make the necessary arrangc~ents for the carrying out
of the survey in quest.L on.
4. The Director-General is currently considering
necessary for the carrying out of the special survey.
kept fully informed of all further developments.
the practical arrangements
The Governing Body will be
Geneva, l2 ?Jovember 1974.
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APrFNDIX
l)rocedure for the Examinatl on of H.eguests for
u,-,D'2clai ~urvc sh on .:.l tuat1ons CoEnected with
the ~llmina 1on o lSCrlmlna 1on 1n t,mp oymen
1. At icf l9lst Session (November 1973) the Governing Body adopted a procedure
[ r the exami:r.ation of' requests for "special surveys" which governments or organisa-:.
ons of employers or vrorkcrs may submit on questions concerning the elimination of
d scrimi:r.ation in employment.
2. The :possi-oility of -u.ndertaking such 11specia1 surveys 11 with a view to
evaluating facts and seeking soLtttons in certain situations was provided for by
the Gove~ning 3ody at its 183th Session (November 1972), on the proposal of its
Committee on Discrimination.
3. It '.vas lllderstood that S:.J.ch special surveys might be based on criteria
such as those laid down in the Discrimination (Employment and Occupation) Convention,
1958 (:iTo. lll). However, this possibility is more general in scope and is not
limited to countries whic::t have ratified the Convention.
4. '.::'he questions raised should concern the situation of grOU:tJS of
defined, for example, according to race, religion, national extraction,
origin, membership of a minority grou}J, sex or age, but should not deal
individual cases unrelated to broader issues of poJ.icy.
people
social
with
I
5. 'rhe Director-General was entrusted with "examining the effect to be given
to any :reg_ueet for a special survey submitted by a member State, or a workers 1 or
employers' organisation, on specific questions of concern to them, and, if the
governme~t concerned agreed to such a survey, to settle the arrangements for carrying
it out in agreement with the governmcnt11 •
6. Provisior. is thus made fo:r> two different types of cases: those in which
t;,., request is directly submitted by the government of a member State in connection
•,vi th questions arisine i:r_ its own country, and those in which the request comes
from an employers 1 or workers' organisation or another member State.
:(eguests Submitted bv the Government
·:::once-rnea
7. The examination :Jf ths effect to be given to a request made in these circwnstaYlces
raises no S])ecial procedural problems. The request may, for exa-niJle, be
aimed at obtaining a form of technical co-operation on questions of evaluation or
method in this f'ield. In addition, recourse to outside observers, whose action
would have an objective ar:.d impartial characte~, can help a government to overcome
difficulties arising inside the country in connection with certain questions. In
other circum.stances, a eovernrnent may wish to clear u-p certair. doubts to which its
action in this field may have given rise at the interna0tonal level. ·A special
S'.lrvey on the national situation can in particular helr; a government to reach more
precise conclusions regarding uncertainties which may have prevented it from ratifying
the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The
Governing Bcdy felt that this possibility should b~ drawn to the special attention
of governments.
Reauests Submitted by an Employers,. ur
)orkers 1 Drganlsailon or by Another Government
8. Receivability of reguests. As regards requests submitted by employers 1
or workers' organlsaflons, the Governing Body laid down principles similar to those
whlch apply lTI regard to freedom of association: tbc request must come either from
/ ...
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a national organisation directly concerned, or from international organisations
having consultative status with ILO, or from other international or regional
employers' or workers' organisations, provided the questions raised directly concern
organisations affiliated to them.
9. In the ·case of a request submitted by the government of a member State in
connection with Questions arising in ~~other countrl, the receivability of the
request 1s strictly governed by the condlflon.that he request must relate to
''specific questions of concern to it". This presupposes a sufficiently close link
between the interests of that government and the questions raised; the Governing
Body considered that this could be the case, for exam~le, when such questions
concerned the situation of its own nationals working in another country.
10. Communications with the authors of requests. The Director-General may,
if necessary, ask the authors o± requests to prov1de further details on the s~ecific
questions which they propose to raise and to communicate additional information
·.vi thin a specified time-limit.
11. cvernment of the countr r in re ard to which the
survey wou e regues e . .._ e 1rec or- enera Wl ln arm e goverrunen concerned
as soon as poss1ble of any receivable and substantiated request, and will request the
goverv~ent to communicate within an appropriate time-limit its observations on this
question and its views concerning the ~ossibility of carrying out a special survey
under the auspices of the ILO on the questions raised.
12. In cases where the government requests or accepts such a survey, th~
Director-General will settle the arrangements for carrying it out in agreement with
the government, subject to the necessary safeguards, in particular as regards the
consultation of employers 1 and workers' circles concerned.
13. Bod' Committee on Discrimination. The Director-
General wi r0por o e omrni ee on reques s rece1ve , rep 1es from governments,
special surveys 1mdertaken or planned and on cases in which surveys could not be
organiSed, including cases in which they have been refused or no replies have been
communicated within a reasonable time-limit. The Committee will, as necessary, be
called upon re~Jlarly to make such recommendations as it deems appropriate on such
questions.
14. artici ate in s ecial surve s.
The Director- enera was en ruste Wl examining e possl l l ty o raw1ng up a
list of experts and persons of acknowledged competence, selected from the different
regions of the world, whose services could be called upon in appropriate cases. It
was further understood that, depending on the circumstances, surveys could also be
carried out directly by the International Labour Office.
15. The Governing .Body considered that the guidelines set out above should be
applied on an experimental basis, on the understanding that they could be re-examined
or redefined at a later stage in the light of their practical application.
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APPENDIX II
International Labour Organisation
The Exercise of Civil Liberties
and Trade Union Rights
International Labour Office
Geneva
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INTERNATIONAL LABOUR ORGANISATION
The Exercise of Civil Liberties
and Trade Union Rights
1. The International Labour Organisation has adopted various
instruments concerning fundamental human rights, in~luding the
exercise of civil liberties and trade union rights.
2. Certain principles relating to these matters are to be
found already among the constitutional provisions of the ILO.
Constitutional Principles
3. The Constitution of the International Labour Organisation
affirms that nuniversal and lasting peace can be established onl:r
if it is based on social justice".
4. The Declaration of Philadephia, which is an integral part
of the Constitution, affirms that "all human beings, irrespective
of race, creed or sex, have the right to p"rsue both t.'"1eir m'l .... ,erial
well-being and their spiritual development in conditions of freedom
and dignity, of economic security and equal opportlllli ty11 •
5. It proclaims:
labour is not a commodity;
freedom of expression and of association are essential to
sustained progress;
poverty anywhere constitutes a danger to prosperity everywhere·;
the war against want requires to be carried on with unrelenting
vigour within each nation, and by continuous and concerted
international effort in which the representatives of workers
and employers, enjoying equal status with those of governments,
join with "'.:hem in free discussion and democratic
decision with a view to the promotion of the common welfare.
6. It recognises the solemn obligation of the Internatio~al
Labour Organisation to further among the nations of the world programmes
which will achieve the effective recognition of the right
of collective bargaining, the co-operation of management and labour
in the continuous improvement of productive efficiency, and the
collaboration of workers and employers in the preparation and
application of social and economic measures •
•
• •
?. The International Labour Conference has adopted various
Conventions, Recommendations and resolutions aimed at giving effect
to these constitutional principles.
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Freedom of Association and Civil Rights
8. The two principal instruments adopted by the International
Labour Conference in the field of freedom of association are the
Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) and the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98). Convention No. 87 has been
ratified by 80 States and Convention No. 98 by 95 States,l
9. The Freedom of Association and Protection of the Ri ht to
Or anise Convention l 48 No. 8 , provides that:
workers and employers, without distinction whatsoever, shall
have the right to establish and, subject only to the rules of
the organisation concerned, to join organisations of their
own choosing without previous authorisation (Article 2);
workers' and employers' organisations shall have the right to
draw up their constitutions and rules, to elect their representatives
in full freedoro1 to organise their administration
and activities and to formulate their programmes; the public
authorities shall refrain from any interference which would
restrict this right or impede the lawful exercise thereof
(Article 3);
workers' and employers' organisations shall not be liable to
be dissolved or suspended by administrative authority
(Article 4);
workers' and employers' organisations shall have the right to
establish and join federations and confederations and any
such organisation, federation or confederation shall have
the right to affiliate with international organisations of
workers and employers (Article 5); the guarantees mentioned
above (Articles 2, 3 and 4) apply also to federations and
confederations (Article 6)j
the acquisition of legal personality by workers' and employers'
organisations, federations and confederations shall not be
made subject to conditions of such a character as to restrict
the application of the provisions of Articles 2, 3 and 4 of
the Convention (Article 7);
in exercising the rights provided for in the Convention workers
and employers and their respective organisations, like other
persons or organised collectivities, shall respect the law
of the land, but the law of the land shall not be such as to
impair, nor shall it be so applied as to impair, the
guarantees provided for in the Convention {Article 8);
the term 11 organisation11 employed in the Convention means any
organisation of workers or of employers for furthering and
defending the interests of workers or of employers
(Article 10).
10. The Right to Organise and COllective Bargaining Convention.
194Y {No. 98) 1 provides that:
1 See appended chart.
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workers shall enjoy adequate protection against acts of antiunion
discrimination in respect of their employment and such
protection shall apply more particularly in respect of acts
calculated to:
(a) make the employment of a worker subject to the condition
that he shall not join a union or shall relinquish trade
union membership; and
(b) cause the dismissal of or otherwise prejudice a worker
by reason of union membership or because of participation
in union activities outside working hours or, with the
consent of the employer, within working hours
(Article 1);
workers' and employers' organisations shall enjoy adequate protection
against any acts of interference by each other or
each other 1 s agents or members in their establishment,
functioning or administration (Article 2) ;
machinery appropriate to national conditions shall be established,
where necessary, for the purpose of ensuring respect
for the right to organise (Article 3);
measures appropriate to national conditions shall be taken, where
necessary, to encourage and promote the full development and
utilisation of machinery for voluntary negotiation between
employers or employers' organisations and workers• organisations,
with a view to the regulation of terms and conditions
of employment by means of collective agreements (Article 4).
11. The International Labour Conference adopted in 1970 a
resolution concerning trade union rights and their relation to
civil liberties! in which it recognises that the rights conferred
upon workers' and employers' organisations must be based on respect
for those civil liberties which have been enunciated in particular
in the Universal Declaration of Human Rights and in the International
Covenants on Civil and Political Rights and that the absence of these
civil liberties removes all meaning from the concept of trade union
rights,
12. In this resolution the Conference places special emphasis
on the following civil liberties, as defined in the Universal
Declaration of Human Rights, which are essential for the normal
exercise o~ trade union rights:
the right to freedom and security of person and freedom from
arbitrary arrest and detention;
freedom of opinion and expression and in particular freedom to
hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless
of frontiers;
1 ILO: Record of Proceedings, International Labour Conference,
54th Session, Geneva, 1970, p. 733.
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freedom of assembly;
the right to a fair trial by an independent and impartial
tribunal; and
the right to protection of the property of trade union organisations.
13. In this resolution the Conference expressed its deep concern
about, and condemns the repeated violations cf, trade union
rights and other human rights.
14. The Conference also called upon all member States which
have not done so to ratify and apply the United Nations Covenants
on CiVil and Political Rights and on Economic, Social and Cultural
Rights and invited the United Nations also to seek this.
15. The Conference also invited the Governing Body to pursue
energetically the efforts of the ILO with a view to total decolcnisation
along the lines of the Declaration adopted on this subject by
the United Nations. It furthermore invited the Governing Body to
extend and expand its efforts to eliminate the discriminatory
practices on the basis of race, colour, sex, religion, nationality,
political and trade union opinion which still exist in several
countries, including countries and territories under a colonial
regime or foreign domination in any form.
16. The Conference moreover reaffirmed its belief in the
principles which inspired the Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87), and the Right
to Organise and Collective Bargaining Convention, 1949 (No. 98) and
strongly urged that all member States which have not already done
so ratify these Conventions and, pending ratification, that they
ensure that the principles embodied in these Conventions are observed
and that they respect the principles enshrined in these Conventions
in the enactment of their national legislation.
Abolition of Forced Labour
17. The two basic texts concerning forced labour are the
Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced
Labour Convention, 1957 (No. 105).
18. Conventions1Nos. 29 and 105 have been ratified respectively
by 107 and 91 States.
19. Convention No. 29 provides for the suppression, within the
s~ortest possible period, of the use of forced or compulsory labour
in all its forms, i.e. all work or service which is exacted from
any person under the menace of any penalty and for which the 'said
person has not offered himself voluntarily.
1 See appended chart.
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20. Convention No. 105 prohibits recourse to any form of
forced labour: as a means of political coercion or education or as
a punishment for holding or expressing political views or views
ideologically opposed to the established political, social or
economic system; as a method of mobilising and using labour for
purposes of economic development; as a means of labour discipline;
as a punishment for having participated in strikes; and as a means
of racial, social, national or religious discrimination.
Elimination of Discrimination in Employment
21. The basic instrument concerning the elimination of discrimination
in labour matters is the Discrimination (Employment
and Occupation) Convention, 1958 (No. 111).
22. This Convention has been ratified by 84 States.1
23. The objective of the Convention is the elimination, in
respect of employment and occupation in general, of any discrimination
based on race, colour, sex) religion, political opinion,
national extraction or social origin. The Convention provides that
each Member which ratifies it shall undertake to declare and pursue
a national policy designed to promote, by methods appropriate to
national conditions and practices, equality of opportunity and
treatment in respect of employment and occupation with a view to
eliminating any discrimination in respect thereof. It specifies
that for this purpose the Member shall, in particular: seek the
co-cperation of employers' and workers' organisations and other
appropriate bodies in promoting the acceptance and observance of
this policy; enact such legislation and promote such educational
programmes as may be calculated to secure the acceptance and
observance of the policy; repeal any statutory provisions and
modify any administrative instructions or practices which are inconsistent
with the policy; pursue the policy in respect of
employment under the direct control of a national authority; ensure
observance of the policy in the activities of vocational guidance,
vocational training and placement services under the direction of
a national authority.
24. The Discrimination (Employment and Occupation)
Recommendation, 1958 (No. 111) provides that the policy aimed at
the elimination of discrimination in employment should have regard
to the following principles:
(a) the promotion of equality of opportunity and treatment in
employment and occupation is a matter of public concern;
(b) all persons should, without discrimination, enjoy e~uality of
opportunity and treatment in respect of -
1 See appended chart~
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(i) access to vocational guidance and placement services;
(ii) access to training and employment of their own choice
on the basis of individual suitability for such training
or employment;
(iii) advancement in accordance with their individual
character, BXI-erience, ability and diligence;
(iv) security of tenure of employment;
(v) remuneration for work of equal value;
(vi) conditions of work including hours of work, rest periods,
annual holidays with pay, occupational safety and
occupational health measures, as well as social security
measures and welfare facilities and benefits provided in
connection with employment;
(c) government agencies should apply non-discriminatory employment
policies in all their activities;
(d) employers should not practise or countenance discrimination
in engaging or training any person for employment, in advancing
or retaining such person in employment, or in fixing terms and
conditions of employment; nor should any person or organisation
obstruct or interfere, either directly or indirectly, with
employers in pursuing this principle;
(e) in collective negotiations and industrial relations the parties
should respect the principle of equality of opportunity and
treatment in employment and occupation, and should ensure that
collective agreements contain no provisions of a discriminatory
character in respect of access to, training for, advancement in
or retention of employment or in respect of the terms and conditions
of employment;
(f) employers' and workers 1 organisations should not practise or
countenance discrimination in respect of admission, retention
of membership or participation in their affairs.
25. The same Recommendation also provides that appropriate
agencies should be established for the purpose of promoting
application of the said policy in all fields of public and private
employment, and in particular:
(a) to take all practicable measures to foster public understanding
and acceptance of the principles of non-discrimination;
(b) to receive, examine and investigate complaints that the policy
is not being observed artd, if necessary by cOnciliation: to
secure the correction of any practices regarded as in conflict
with the policy; and
(c) to consider further any complaints which cannot be effectively
settled by conciliation and to render opinions or issue
decisions concerning the manner in which discriminatory
practices revealed should be corrected.
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Chart of Ratifications of ILO Conventions
relating to Fundamental Human Rights
x ratified Convention
Freedom of ASSOQiation Farced Labour
Country Convention Convention Convention Convention
No. 87 No. 98 No. 29 No. 105
Afghanistan X
Albania X X X
Algeria X X X X
Argentina X X X X
Australia X X X X
Austria X X X X
Bangladesh X X X X
Barbados X X X X
Belgium X X X X
Bolivia X X
Brazil X X X
Bulgaria X X X
Burma •X X
Burundi X X
Byelorussian SSR X X X
Cameroon X X X X
Canada X X
Central African Rep. X X X X
Chad X X X X
Chile X
China1
X X
Colombia X X
Congo X X
Costa Rica X ·x X X
Cuba X X X X
Discrimination
Convention
No. 111
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1
The entries in this churt relate to ratifications communicated in the name
of China by the authorities representing China in the ILO at the date of
communication. All these ratifications were registered after 1 October 1949 (the
date on which the People's Republic of China was founded) and before
16 November 1971 the date on which the ILO Governing Body decided to recognise
the Government of the People's Republic of China as the representative Government
of China.
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Country
Cyprus
Czechoslovakia
Dahomey
Democratic Yemen
(Aden)
Denmark
Dominican Rep.
Ecuador
Egypt
El Salvador
Ethiopia
Fiji
Finland
France
Gabon
German Dem. Rep.
Germanyi Federal
Repub ic of
G!lana
Greece
Guatemala
Guinea
Guyana
Haiti
Honduras
Hilllgary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Israel
Freedom of Association
Convention Convention
No. 81 No. 98
X X
X X
X X
X
X X
X X
X X
X X
X X
X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X
X X
X X
X X
X
X
X X
X X
Forced Labour Discrimination
Convention Convention Convention
No. 29 No. 105 No. 111
X X X
X X
X X X
X X
X X X
X X X
X X X
X X X
X
X
X X
X X X
X X
X X X
X X X
X X X
X X
X X
X X X
X X
X X
X X X
X X
X X X
X X
X
X X X
X X X
X X
X X X
I . ..
Freedom of Association
Country Convention Convention
No. 87 No. 98
Italy X X
Ivory coast X X
Jamaica X X
Japan X X
.Jordan X
Kenya X
J<hmor Republic
Kuwait X
Laos
Lebanon
Lesotho X X
Liberia X X
Libyan Arab Rep. X
Luxembourg X X
Madagascar X
Malawi X
Malaysia X
Mali X X
MaLta X X
Mauritania X
Maul'itius x
Mexico X
Mongolia X X
Morocco X
Nepal
Netherlands X
New Zealand
Nicaragua X X
Niger X X
Nigeria X X
Norway X X
Pakistan X X
Forced Latour
Convention Convention
No. 29 No. 105
X X
X X
X X
X
X X
X X
X
X X
X
X
X X
X X
X X
X
X X
X X
X X
X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
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Discrimination
Convention
No. 111
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
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Country
P1>nama
Paraguay
Peru
Phi U. ppi ne s
Poland
1----
Portugal
Qatar
Romania
Rwanda
senegal
Sierra Leone
Ping a pore
Somalia
Spain
Sri Lanka
Sudan
Sweden
Switzerland
Syrian Arab Rep.
Tanzama
Thailand
Togo
Trinidad ond
Tobago
Tunisia
Turkey
Uganda
IJkrain.i an SSR
USSR
United Kingdom
United States
Upper Volta
Freedom of
Convention
No. 87
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Association Forced Labour Disc ri min a ti on
Convention Convention Conventior> Convention
No. 98 No. 29 No. l05 No. lll
X X X X
X X X X
X X X X
X X X
X X X X
X X X X
X X X
X
X X X X
X X X X
X X X
X X X
X X X
X X
X X X X
X X X X
X X X
X X X X
X X X
X X
X
X X X X
X X X X
X X X
X X X
X X X
-- -· -·-
X X X
X X X
X X X
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Freedom of Association
Country Convention Convention
No. 87 No. 98
Uruguay X X
Venezuela X
Rep. of Viet-Nam X
Yemen
Yugoslavia X X
Zaire X
Zambia
Total of
ratifications 80 95
Forced La boar
Convention Convention
No. 29 No. 105
X
X X
X
X
X
X X
107 91
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Discrimination
Convention
No. 111
X
X
X
X
84
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APPENDIX III
Resolution concerning the Policy of Discrimination, Racism
and Violatio_n __ of Trade Union Freedom_§_ and _ Rir:hts_Practised
?Y the Israeli Authorities in Pa~estin~~nd in the Other
Occupied Arab Territories
(;cdopted -20 June 1974)
The General Conference of the International Labour Organisation,
Considering that "universal and lasting peace can be established only if it is
based upon social justice", as is proclaimed in the Constitution of the
International Labour Organisation,
Considering that the Declaration of Philadelphia solemnly proclaims that "all
human beings, irrespective of race, creed or sex, have the right to pursue both
their material well-being and their spiritual development in conditions of freedom
and dignity",
Considering that the right of work, the right to freedom of movement and the
right of association are inalienable rights recognized by the Universal Declaration
of Human Rights and by the international community.
Considering that it is incumbent upon the International Labour Organisation to
safeguard these rights and to seek to strengthen them,
Recalling the adoption by the International Labour Conference of the Freedom
of Association and Protection of the Right to Organise Convention, 1948 (No. 87),
and of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111),
Emphasizing that the Israeli authorities have ratified those Conventions,
Recalling that the International Labour Conference, in its resolution
concerning trade union rights and their relation to civil liberties, unanimously
adopted at its 54th Session, clearly stated that, without independence and political
liberty, no trade union right could be fully and genuinely exercised by the
workers,
Recalling also that in the same resolution the International Labour Conference
invited the Governing Body of the International Labour Office to extend and expand
its efforts to eliminate the discriminatory P"·actises on the basis of race, colour,
sex, religion, nationality and political and trade union opinions which still exist
in several countries, particularly in countries and territories under a colonial
regime or foreign domination in any form,
Considering the resolutions adopted by the International Labour Conference at
recent sessions concerning the racial discrimination being suffered by the
indigenous populations of South Africa, Guinea-Bissau and other African territories
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subject to a colonial regime or foreign domination, in which the workers'
conditions of life and work are similar to those of the Arab working peoples under
Israeli occupation,
Recalling, moreover, resolutions 9 (XXVII), 3 (XXVIII) and~ (XXIX), adopted
on 15 March 1971, 22 March 1972, and l~ March 1973, respectively, by the Commission
on Human Rights at its twenty-seventh, twenty-eighth, and twenty-ninth sessions,
which condemn Israel's persistent violations of human rights in the occupied
territories,
Seriously concerned at the continuing violation, by the Israeli authorities,
of human rights and workers' rights in the occupied Arab territories, and deeply
disturbed at the dangerous consequences of this violation,
l. Declares that any occupation of territory following aggression constitutes
in itself a permanenc ;iolation of basic human rights and in particular of trade
union and social rights;
2. Condemns the policy of racial discrimination and violation of trade union
freedoms, impairing basic human freedoms, which the Israeli authorities are
pursuing against the Arab people;
3. Invites the Governing Body of the International Labour Office and the
Director-General:
(a) To use all the means at the disposal of the International Labour
OrGanisation to put an irr~ediate end to these violations and discriminatory
practises;
(Q) To take all measures capable of guaranteeinG the freedom and dignity of
the Arab workers in the occupied territories.
4. Requests the Director-General to submit to an early session a special
report on the implementation of this resolution.
B. Letter of 26 August 1975
{Original: Arabic/English/Frenc~
In my letter of 2 May 1975, I outlined developments which had taken place at
the time in the ILO regarding some aspects of the situation referred to in General
Assembly resolution 3336 (XXIX) and undertook to keep you informed of the evolution
of the situation.
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I enclose herewith the progress report (GB 196/20/2) which I submitted to
the 196th session of the Governing Body, held at Geneva from 30 to 31 May. The
Governing Body took note of the measures mentioned in this report and instructed
me to report to it on any developments in the situation.
I will keep you informed of any further action which the Governing Body may
decide upon at its future sessions.
(Signed) Francis BLANCHARD
Director-General
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INTERNATIONAL LABOUR OFFICE
BUREAU INTERNATIONAL DU TRAVAIL
OFICINA INTEANACIONAL DEL TRABAJO
GOVERNING BODY
CONSEIL D'ADMINISTRATION
CONSEJO DE ADMINISTRACION
Twentieth iter:J on the agenC.a
Seco~ui S·J.pplf:JLe:-1 ta_ry Report
.Acti_;m on tree r·e~~o ut.ion c:~_mce:c':'l-;n t··le ;wlicv of
d.' scrinLnatio:1. ('::.tci_"'::l a.r.d v_i_olat:!.or. o tr:::~.de union
i ceet:or.J.s ann :ci <e:L t s -:J c:lc ti:':'ed b·, :;he ::_ sraeli
2.uti c:ri tif:S ir: Palest._i _'te anC. in tile ctLe::occ:
u~ied ~ra~ territories
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GB.l cJ6/?0/2
l96th Session
Genevc=.c,
3C-)l Il!hiy !975
l. The Go\rernL1g f.oCy \·i3.G Lnfor-.cd s.t. _;_ -cs l95th ~:>ession (r.'.arch 1975) of t::J.c
measures tz,ke:t ·-:w the Tlirectcr-Ge:'leral i:l -pll.l'P~;co.nce of' -i;;he decisio:'1 Uy the Governing
Body at its 194tt Sessiur• (~avenber l97i) oL t~1e resolution corce~·ing the po~lcy
of dlsc'".':'imir"atic:'1, :::--ccisr1 a:1.d vio:::_at~o::. of t:::--::J..de union freedor'IS and rights practised
by the Israeli autho:::·i ties ln ~ale2:.tir.c 2:~ld i;! t':-1e ott.~:- twcupied i\rab terri_._L;.ories.l
Fo2.lo't.li:·,g i-:s disc·J.ssior. of thi,s quest,~_o:!:'"_ -::-_c Gcver·niT.g Body 11 took ::J.ote of -:,he
rnco.sures takeL or cc:r~t<21':l~JL-.:.ted, as te~:;::::ribcd in ~Jacc.g:::--e::.p:1s 2 to 5 of t:te Offi_ce
papcr 11 c~neprociu-::ed ~~s AppenC.ix I) and 11 Jr>stcJ.ctcd U_f~ ;J]r<;ctor-Gencral to pur·sue
2.uc·:J. actio:'l alo:Lt: -'::t_e lint<-: indicated11 • Tho o.ctiur: p~_;._rsued six:cc t::-J.c::-1 has
consisted of tbe-fo]_lowing ele~ients. -
2. The -:ext of a lctte:::· dated 6 r.-:arc.:-1 1975 fr··on r-·1r. Uas:o (Employer member,
:::Jebar_on) and of the correspcwding cxt.::·act fror.1 his ~~tate:r,e::1t at ::he l95t:r. Sess.Lon
cf the G-mrernir_g Body to '.'1:'1ich i.e referred (Appendices li and III) have -:Jeen
comr.mnica--.::e1 tc l~Je Gcvcrnrr.P.nt ,Jf Isr·a.;-< wit:1 a vif~,,· t,c obtaini.ne; its observations
oc1 t:b_e quz-cc:otions :C.':J.icoed, Tf-,e Ccver:1ing ·:-<ody ·v!ill be inforr:1ed cf rtny :::'eply received
L::·o·n the Guver::Lrncnt of Ls:r.·acl. 1'-':r. Easr''c::; letter and t:1e ext::"act fro:11 his state-
::nent men"::ioned abo-1re :r.ave also been corn.'TI.u:-licated to ali the otLer governments ar.d
organis.~tion.s o.f t:r_e r·.::glon;::. concec~1ed, as de;:;crLJed below.
j. Followine; co::nnlWJicatioL by the Director-General on 20 Januar•y 1975 of the
resolution and of the document coLce:'!~.i:r.g 11 tr.e exercise of civil liberties and
trade union r·_Lghtsn "to all of those goverr,me~'lt.:::~ and organisations foe ~ .. J:.e p\lrpose
of disseminati.on in the rr::gio::J.s cor:cerned~ on<" reply ha.s been receiveC., namely1
fron L~te Govcr·::1ment of Syrla (AppcLdlx IV). The let-c;er se::-1t to that Governr1ent
by t'.'le Director-General following ceceipt of i tc~ reply is reproduced as Appendix V.
l Document_ G3.l'::l5/2/2, reproduced as Appe~1.dix I.
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4. Having received no other communication the Director-General, by letter
dated 2 May 1975 (Appendix VI), again wrote to the governments, intergovernmental
organisations and employers' and workers' organisations in the regions concerned
by the resolution, with regard to examination of 1neasures taken or to be taken on
the resolution.
5. A further letter, dated 2 May 1975 (Appendix VII), was also sent to the
.fovernr.ten t of Israel.
6. Furthermore, the Director-General is bearing in mind the possibility of
sending one or two persons to the area to obtain information, as envisaged in the
docuoent submitted to the Governing Body at its l95th Session, and te reserves the
possiUility of reverting to that question in due course.
7. Finally, it may be useful to note that, with regard to the application
of the Discrininatio~ (~mployment and Occupation) Convention, 1958 (No. lll), in
Israel- although this question is not directly related to the situation in the
territories to Hhich the above-mentioned resolution refers - the Committee of
ZxpRrts on the Application of Conventions and Recommendations formulated an
o·oservation at its I"'a~ch 19'75 session, the text of which is reproduced as
1\pnendix VIII.
8. The Directo~-General will submit a detailed report as soon as possible
concerning replies and info:rmation obtained on the basis of the measu-res indicated
above and concerning any further proposa:Ls which might appear appropriate having
regard to such replies and information.
9. The Goverrtlng Body mav Wlsh to take note of the measu.,..,es mentioned above
and to instruct the D.irector-General to report to it on any developments in the
situation.
Geneva, 2 May 1975.
POINT FOR DECISION:
Paragraph 9.
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,
INTERNATIONAL LABOU.R OFF..ICE
BUREAU INTE.RNATIONAL OU TRAVAIL
OFICINA INTERNACIONAL DEL TRABAJO
GOVERNING BODY
CONSEIL D'ADMINISTRATION
CONSEJO DE ADMINISTRACION
APPENDIX I
SP:c-:Jr:cl I ~em on tb~ Agenda
ACTTUrJ Oil Y-II~ ~~:oo::./J'-~·rc:-1~; Allorrl'F:J TiY THE
C011~FElELCE AT :::1':-:J 59Tll S~3Sitl·) (.._: UNE lJ74)
GB.l95/2/2
J 05th ;Jession
Geneva,
4-7 narc~'l 19'(5
ResoLl.tion concernin- the Folic- of Discrimination
·,ac1s:rn an 10 a 1on o.:.. _ra e n1on ·ree oms
and "Rights I'ractised by tne Israei1
Authori~les i~ ~~lestine a~d in t~e
Other Cccupled Arab Territories
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l. Ha>.ring ex&"'Tlined at i.ts lS4tL Session Uovember 1974) -:::llc question of tfJe
actic~'l to t(C: taken on -'::he rcso~_lnLo_(] corwc;r·ning Lhe policy of d.isc::::-imination,
racisrr. and viule?.:,;~w of tr·<o~de uni(L'l freedoms a"'ld rig~ts practised 'oy the Israeli
a~thorities ih Palestine and in t~e other occupied Arab territories 1 the Governing
Body instructed the Director-General -
(l) to co::nrr.unicate the resolution to the Lort:teli avthorities;
(2) to ensure fer t:r_e ::::-eGions concer:~1c::l by the resolution, as far as possible L'1
the ::..anguages of the COl;_ntr:y, the v;j_fc;=;t di.sscmL'lation of' ILO documents concern::_
ng the exercise of civil L.bert:ics and t:::-a6.e '-Inion rights;
( 3) ·~c subrr:i t to t~e Governing Boc.y at its next sess.ion a re-;:Jo.:'t ar,d proposals concer~'
l::..r_g -'::~'le inp2.e:nentaticn of -:i1e operative pa:::-t of the resolution;
(4) tc keep the Conference infcr:neC. of the measures taken in applicat.Lon of the
resolution.
2. Ir_ accordance 1:Ji"~h point (l) of "'~hat decision the D1.recLor-Gencral comInu::_
cated tJ-,e resol;~tion to the Israeli Government by letter of 25 November 1974,
rlra~e1Lng i Uo a:,Len'.. . .Lon Lo the operative rart o:::' the r·eso~-:~tion.
3. 'l'o give eff~ct -'::o J?Oint (2) oi' the decision, a document setting out the
IL0 1 s princi_:'Jer:> a~'1d standarfs concerr_ing ·nt:r~e exercise or civil liberties and tr::de
union rights" 'W!3S prepared in Arajic, Englisl"'. end French. The Dirccto:i'-General
sent a nurr,ber of copies c:o each governmen:., intergovernrnen~al organisation and
enp=:.o.yers 1 or wo:::>kers 1 orgacisation in the regions co.:1cerned by the resolution, awl
at the same t:lmc drew at:c,enLion Lo L1e resolution and !.o the Governing Dody 1 s reques~;
:'or the . ..,,idcst disseoinat ion or Lhe docu:rr:.entto in the reg.Lons concerned. The
e;overrur.e::1ts and organisat:ior~s oay obtai_n extra copies on reques"'c.
4. As recards -point: (3) cf the decision, which relates to the implementation
of t:r_e operative part of the :::'esolutior., in operative paragraph "3 the ILO ls asked
to ~~se a] l the means at its disposal to achieve the objectives or Ll"!C resolution.
J1hese objectives can, o: course, be achicv8d only if information is available for
an assessment cf ~he scope of -;;he prob::.._em and how to deal with it. The DirectorGeneral
has a~raneed for "::he ccllec-cion of information by the Office so as to keep
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the situation under review and consider what action may be req_uired. He ·..rill make
any necessary resource adjustments for the purpose. He assumes that he '..rill
receive the information required in answer to his letters to govepunents and
organisations in the regions concerned, mentioned in paragraph 3 above. In the
light of that information he will consider taking steps to make further contact with
the competen~ authorities, should the need arise.. Moreover, he will bear in mind
the :possibility of sending an official or some other representative to the area to
obtain the ipfornation, should such a mission appear desirable, in which case he
will so inform the Governing Body. The Director-General will report to the
Governir~ Body at an early session on the action taken.
5. As regards p-oint (4) of the decision, the Director-General's Report to the
Conference at its forthcoming session will contain information on the action taken
:.1nder the resolution.
6. The Governi
tern lated as escr1 e
enera o pursue sue
wish to take note of the measures taken or conra
3 o a ave an o 1ns rue- ce 1rec or
1nes 1n 1ca e ,
Geneva, 28 January 1975.
POIN'l' FOR DECISION:
Paragraph 6.
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APPENDIX II
Letter dated 6 March 1975 from Mr. Nasr to the
Director-General of the International Labour
OHice
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Following the statement I made in the Governing Body regarding item 2 of the
agenda, please find below some further cases which require immediate ILO action in
pursuance of the resolution of the 1974 Conference concerning "the policy of
discrimination, racism and violation of trade union freedoms and rights practised
by the Israeli authorities in Palestine and other occupied Arab territories":
(a) Hr. George Hazboun, Secretary of the Union of Shoe 'iTorkers in Bethlehem,
has been detained in prison since November 1974. He and Mr. Hejazi,
Mr. Abou Gharibah and Mr. Atallah Rishmaoui have been tortured and their lives
are, consequently, in imminent danger.
(b) Dr. Salah-uddin Anabtaoui, Secretary of the Arab Order of Medical Doctors,
has been expelled from his homeland since 1968.
The same thing was done in the following cases:
(a) Dr. Faisal Kanaan, Secretary of the Order of Dentists;
(b) Dr. Walid Kamhaoui, former Secretary of the Order of Medical Doctors,
was expelled in December 1973;
(c) Dr. Alfred Tobassi, Secretary of the Order of Dentists, was expelled in
November 1974;
(d) Mrs. Abdul-Hadi, Secretary of the Women • s Union in Nab1us, was detained,
tortured and expelled in 1968;
(e) Mr. Mahmoud Kadri, teacher and Secretary of the Preparatory Committee of
the Union of Teachers of the Western Bank (of Jordan), was expelled form his
homeland in November 1974.
In April 1974, the following trade unionists were detained in prison and
are still there (they were not brought before a court):
(a) Mr. Husni Haddad, engineer, Secretary of the Order of Engineers of the
branch of Hebrun and Bethlehem;
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(b) Mr. Abbas Abdul-Hakk, engineer of the Order of Engineers, the branch of
Nablus;
(c) Dr. Farhan Abou El-Layl, member of the Board of the Order of Medical
Doctors of Nablus;
(d) Mr. Abdul-Majid Hamdan, member of the Preparatory Committee of the
Teachers' Syndicate of the Western Bank.
(Signed) Marwan NASR
Employers' Member of the
Governing Body
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Extract from Mr. Nasr's statement at the one hundred and ninety-fifth
session of thE Governing Body, first sitting, Tuesday morning,
4 March 1975
"Arab workers in the occupied territories of Palestine are not admitted into
the highly technical industries, but their employment is confined to the simpler
activities. They claim that this is done to prevent them from acquiring higher
know-how and the higher standard of living that goes with it. Such activities to
which they are confined are agricultural hand-labour, building, simple processes in
the canning industry, services in restaurants and hotels. They are denied any
access to such industries as the diamond, electric, electronic and chemical
industries.
"They are aske~ to pay up to 33 per cent of their wages in taxes for the
social security sysc,em mcd for the war effort. You can imagine their feelings when
they will be supporting the war effort of the authorities which have occupied their
own territories, but still they are submitted to it. And, which is worse, when it
comes to benefits from the social security system, they are not allowed benefits
from the social security system for which a part of their salary is being deducted.
"Because they are confined to certain types of work and not to others, they
have sometimes to travel an hour or more, one hour going and one more coming from
their work, and that is extra time - it is certainly not considered part of their
working hours. And then they have to go on buses, which sometimes take double the
number they should and sometimes there are accidents. For example, in 1973, a
bus accident between Nathania and Tel Aviv caused the injury of several workers and
in the village of Assira, there was a sort of grumbling and even a threat to strike.
The people who did it were persecuted, they were beaten by what is called the Police
Borders Force, put on a blacklist and not given the opportunity to work in any
other factory.
"In factories which employ three shifts, the first shift, which is the day
shift -the easier shift - is always the exclusivism of the Jewish workers; the
Arab workers are confined to only the second and the third shifts, which are the
evening and the night shifts.
"Arab workers are not permitted to eat at the tables at lunch-time; they have
to use the floor as a dining table.
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11There is al·Hays a STJecial security officer to deal with Arab workers if they
say that their conditions of work are not happy. Thus, in the Yashin FruitPacking
Factory in i'iellis , when the Arab workers had threatened a strike, they were
arrested) beaten and sent m·ray and, ~vhen they are fired under these conditions.,
they cannot find work in any other factory.
"The v10rkers, >rhen they come frm;;_ the occupied territories to work in the
other territories, are denied the protection of the Arab labour unions in their
home country, because they ere working in factories in the other part. And, of
course, they are not protected by the trade unions in the other part because they
are residents of the occupied territories.
l'Horkers' unions in occupied Arab territories are under constant pressures
and threats. 'Jr. Dameen Hussein Abboud, secretary of the union of building
labourers in Ramallah, vms submitted to investigations and threats by the secret
police because he held a meeting of the members at his union on the occasion of
Labour Day in 1973. Then, in December 1973, the persecution ended by his being
expelled from his own home and his country by the Israeli authorities. He was the
last of three other active labour leaders in this union who have suffered at the
hands of the police since 1967. The last one, Hr. Adnan Dagher, was arrested in
the spring of 1975. He vras the secretary of the union and he is s·cill in prison.
The union of the workers of Beira had to lose two members of its board of directors,
Miss Nejme Ayyoub and Mr. Hohammad Baghdadi. They vrere forced to resign under
threats because they were active members of the union. i:Jr. Zakaria Hamdan,
Secretary-General of the Federation of Arab labour Unions on the western bank of
the Jordan, was arrested and then was expelled from the country because of union
activities. The same thing happened to Hr. Hichel Sindaha, secretary of the
drivers' union of Jersualem, and two others, llr. Khalil Hijazi and
llr. Hohamme:l Abou Garbieh, who were persecuted. They were put in prison and
they are still in prison."
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APPENDIX IV
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Letter dated 22 March 1975 from the J.linister of Social Affairs
and Labour of the Syrian Arab Republic to the Director-General
of the International Labour Office
I refer to your communication of 20 January 1975 and the documents appended to
it, that is, the resolution concerning the policy of discrimination, racism and
violation of trade union freedoms and rights practised by the Israeli authorities
in Palestine and in the other occupied Arab territories, adopted by the
International Labour Conference, and the ILO documents relating to the exercise of
civil liberties and trade union rights. In this connexion, I wish to make the
following observations:
1. You stated in your corr~unication that the above-mentioned ILO
documents were being sent to us with a view to their dissemination in the
regions concerned with the resolution. It is, however, a practical
impossibility for us to do this. The Syrian Arab Republic cannot disseminate
these documents because it does not exercise effective control over the
regions in question.
2. In our opinion, the dissemination of the ILO documents dealing with
the exercise of civil liberties and trade union rights would not suffice to
ensure the application of the above-mentioned resolution, particularly as
Israel still occupies the Arab territories and continues to violate trade
union and human rights in those territories.
3. The above-mentioned communication contains no indication of the
measures capable of guaranteeing the freedom and dignity of the Arab workers in
the occupied territories which the resolution invites the Governing Body of
the ILO and the Director-General to take.
In these circumstances, and in pursuance of the resolution concerned, we
hope that this question will be put before the Governing Body again with a view to
the adoption of practical measures to guarantee the trade union and civil rights
of the workers concerned.
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APPENDIX V
Letter dated 2 Hay 1975 from the Director-General of the International
Labour Office to the ;.:inister of Social Affairs and Labour of the
Syrian Arab Republic
I have the honour to acknowledge with thanks the receipt of your letter of
22 Harch 1975 in 1<hich, following my letter of 20 January 1975, you were good
enough to give me your views concerning the action to be taken on the resolution
concerning 11the policy of discrimination, racism and violation of trade union
freedoms and rir:hts practised by the Israeli authorities in Palestine and in the
other occupied Arab territories" adopted by the International Labour Conference at
its 59th session (June 1974). The information contained in your letter of 22 Barch
>-rill be brought to the attention of the Governing Body in the report on this matter,
>rhich I propose to submit to it at its next session.
I have the honour to transmit to you herewith a copy of a letter dated
6 Harch 1975, which I have received from l1r. Nasr, Employer member of the Governing
Body, together with the corresponding part of the statement he made at the 195th
session of the Governing Body, to which his letter refers. Hr. Nasr' s letter and
his statement have been communicated to the Government of Israel with a request for
any observations it might have concerning the questions raised.
(Signed) Francis BLANCHARD
Director-General
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APPENDIX VI
Letter dated 2 May 1975 from the Director-General of the International
Labour Office to the Governments, intergovernmental organizations and
6mployers' and workers' organizations of the regions concerned
Ey my letter of 20 January 1975, I had the honour to communicate to you a
copy of the resolution concerning "the policy of discrimination, racism and
violation of trade union freedoms and rights practised by the Israeli authorities
in Palestine and in the other occupied Arab territories" adopted by the
International Labour Conference at its fifty-ninth session in June 1974, together
with copies of a document entitled The Exercise of Civil Liberties and Trade
Union Rights, with a view to their distribution in the regions concerned with the
resolution. These steps were taken in accordance with the decisions on the subject
adopted by the Governing Body at its one hundred and ninety-fourth session in
November 1974 and referred to in my letter of 20 January.
At its one hundred and ninety-fifth session in March 1975, the Governing Body
instructed me to pursue the action described in the document I had submitted to it
on this matter (GB.l95/2/2), a copy of which ~s enclosed herewith (see appendix I
above) and in which I expressed my intention to report to the Governing Body at an
early session on the action taken.
With' a view to the preparation of such a report, I would be obliged if you
would send me information concerning any action you may have taken along the lines
indicated by the decision taken by the Governing Body at its
one hundred and ninety-fourth session to which I referred in my letter of
20 January.
I also have the honour to transmit to you herewith a copy of a letter dated
6 March 1975, which I received from Mr. Nasr, Employer member of the Governing
Body, together with the corresponding part of the statement he made at the
195th session of the Governing Body (see appendices II and III above, to which his
letter refers. Mr. Nasr' s letter and his statement have been communicated to the
Government of Israel with a request for any observations it might have concerning
the questions raised in it.
(Signed) Francis BLANCHARD
Director-General
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APPENDIX VII
Letter dated 2 May 1975 from the Director-General of the International
Labour Office to the Minister of Labour of Israel
By my letter of 20 January 1975, I had the honour to communicate to you
copies of a document entitled The Exercise of Civil Liberties and Trade Union
Rights with a view to their distribution in the regions covered by the decision
which the Governing Body took at its one hundred and ninety-fourth session, in
November 1974 on the action to be truten in pursuance of the resolution concerning
"the policy of discrimination, racism and violation of trade union freedoms and
rights by the Israeli authorities in Palestine and in the other occupied Arab
territories", adopted by the International Labour Conference at its
fifty-ninth session in June 1974.
The Governing Body, at its one hundred and ninety-fifth session in
March 1975, instructed roe to pursue the action described in the paper I submitted
to it on this matter (GB.l95/2/2), a copy of which is enclosed herewith (see
appendix I above), in which I expressed roy intention to report to the Governing
Body at an early session on the action taken.
With a view to the preparation of such a report, I would be obliged if you
would send me information concerning any action you may have tcl<en along the lines
of the decision adopted by the Governing Body at its one hundred and ninety-fourth
session, to which I referred in roy letter of 20 January.
In order that consideration may be given to possible additional steps as
contemplated in paragraph 4 of roy paper to the Governing Body mentioned above, I
would be roost grateful for >rhatever information you could send roe concerning
developments affecting the matters and territories to which the Conference
resolution relates.
Fin all~·, I have noted that, by his letter of 8 April 1975, your Government's
Permanent Representative at Geneva informed me that he will forward to roe
immediately any reply received from the Government concerning the letter I received
from Mr. Nasr, Employer member of the Governing Body, and the latter's statement
to the Governing Body, which I sent to him on l April 1975.
(Signed) Francis BLANCHARD
Director-General
I . ..
APPENDIX VIII
Extract from the report of the Cormnittee of Fxperts on
the Application of Conventions and Recommendations
(:'arch l975~~__sion:
Convention No. 111: Discrimination
(Employment and Occupation), 1958
Israel (ratification: 1959)
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The Committee has noted the information supplied by the Government in response
to its previous observation. It hopes that the Government will be able to give, in
its next report, specific information on trends in the participation rates for
members of the different ethnic and religious groups of the population in highergrade
posts, in the private and public sectors. In particular, it requests the
Government to indicate uhat action has been taken on the recommendations of the
Inter-Hinistry Committee set up in 1974 (which the report indicates as having been
approved by the Government) and for increasing the recruitment of members of the
Arab population to skilled positions in the civil service and other public
services.
In addition, the Committee notes that - as the Government points out - the
Employment Service Act, 1959, prohibits discrimination in the placement operations
to which it applies (sect. 42) and provides for a grievances procedure
(sect. 43). However, since these provisions do not relate to admissions to
certain categories of posts (particularly posts at the higher level referred to in
sect. 32 (b)) or to other aspects of employment (such as promotion), the
Committee draws the Government's attention to the fact that it would be usefu~ to
adopt supplementary provisions on the prevention of discriminatory practices in
respect of employment Pnd occupation in general, including specific methods for
examining and dealing with any case of alleged discriminatory practices
:article 3 (b) of the Convention).
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ANNEX VIII
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Letter dated 8 July 1975 from the Director-General of the
United Nations Educational Scientific and Cultural
Organization to the Secretary-General
On behalf of the Director-General, I wish to acknowledge receipt of your
letter dated 19 March 1975, in which you quote paragraph 5 of General Assembly
resolution 3336 (XXIX) and request any information which we may have directly
related to the subject of "adverse economic effects on the Arab States and peoples,
resulting from the repeated Israeli aggression and continued occupation of their
territories 11
•
Aside from the UNESCO/UNRWA Department of Education and the organization of the
Tawjihi examinations in the Gaza Strip, UNESCO's only activity of relevance to this
problem is the report, prepared for the eighteenth session of the General
Conference, on the situation of the national education and the cultural life of
peoples in the occupied Arab territories. Within the framework of this report,
which was prepared in accordance with resolution 10.1, part III, paragraph 19,
adopted by the General Conference at its seventeenth session, certain information
relevant to the economic situation in the occupied territories was supplied to
UNESCO. While this information is not entirely of direct concern to the subject of
the economic effects of aggression and occupation on the Arab States and peoples,
copies of the report (document 18 C/16) and of the resolution subsequently adopted
by the General Conference (18 C/Res .13 .1) are enclosed for reference. Details
concerning economic or financial matters are to be found in document 18 C/16 in
paragraphs 20, 24, 25, 26, 27, 36, 37, 38, 41, 57, 58, 59, 60, 73, 74, 95, 96, 105,
108, lll, 119, 125, 131 and 141 (see appendix II below).
I regret that we are unable to provide any further information relating to the
subject matter of the report requested in General Assembly resolution 3336 (XXIX).
(Signed) John E. FOBES
Deputy Director-General
for the Director-General
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13.
13.1
APPENDIX I
' UNESCO General Conference resolution 18 C/Res,l3.1 adopted at the
forty-seventh plenary meeting on 23 November 1974
Access by the populations of the occupied Arab territories to national
education and culture
The General Conference,
Recognizing that access to national education and culture is one of the
fundamental human rights affirmed by the Charter of the United Nations
and the UNESCO Constitution,
Recalling that military occupation of territories by foreign forces
constitutes a constant danger to peace and human rights, including the
inalienable right to national education and cultural life,
Noting with anxiety that, as is apparent from the report by the DirectorGeneral
(document 18C/16), the populations in the occupied Arab
territories are not enjoying their inalienable and inviolable rights
to national education and cultur!il life,
1. Invites the Director-General to exercise full supervision of the
operation of educational and cultural institutions in the occupied Arab
territories, and to co-operate with the Arab States concerned and with
the Palestine Liberation Organization with a view to providing the
populations in the occupied Arab territories with every means of
enjoying their rights to education and culture so as to preserve their
national identity;
2. Urgently appeals to Israel to refrain from any act that has the effect
of hindering the populations of the occupied Arab territories in the
exercise of their rights to national education and cultural life, and
invites it to allow the Director-General of UNESCO to carry out the task
referred to in the foregoing paragraph;
3. Invites the Director-General to report to the Executive Board on the
implementation of this resolution.
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APPENDIX II
Extracts from the report by the Director-General on the
situation of the national education and the cultural
life of peoples in the occupied Arab te1Titories
{document 18 C/1§7
"II. THE GAZA STRIP AND NORTHERN SINAI
"A. National education
"Numerical data
"20. According to official Egyptian sources, the education budget
for the Gaza zone represented one quarter of the general budget for the
zone. This budget amounted to:
£(E)3,514,ooo (Egyptian pounds) in 1964-1965
£(E)4,658,ooo in 1965-1966
£(E)5,130,000 in 1966-1967
''The government also assisted students going to Egyptian universities and
institutes.
In 1964-1965, the education budget amounted to £(E)l,500,000, plus the
sum of £(E)l05,000 for aid to students.
In 1965-1966, the education budget amounted to £(E)l,800,000 plus the
sum of £(E)l80,000 for aid to stud~nts.
In 1966-1967, the education budget was £(E)2 ,500,000 but aid to students
fell to £(E)20,000.
"24. Fifty per cent of the education budget is covered by the Israeli
authorities; §! in 1974-1972, education represented 18 per cent of the total
§/ Haifa report, p. 5.
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budget for the Gaza Strip. b/ It amounted to £(1)10,839,924, to which
should be added £(I)386,327-for the building of schools. The remaining
50 per cent of the budget was provided by the municipalities for the
government schools.
''25. At the beginning of the occupation, the UNRWA/UNESCO programme
had to cope with a substantial increase in the costs of education. Between
1967 and 1970, recurrent expenditure in the education budget rose from
$9,800 ,000 to $15 ,200,000 for UNRHA/UNESCO education services as a whole.
The share of the budget allocated to education at present represents
47 per cent, whereas 13 per cent goes to health services. The following
table shows the importance of education in the UNRWA budget. Since about
21 per cent of the refugee population receiving education are in the Gaza
Strip, it may be taken that approximately one fifth of this budget is used
for the Gaza Strip.
E/ Ministry of Defense, The Administered Territories 1971-1972, p. 275.
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(In thousands of United States dollars)
Education services
General education
Vocational and professional training
Share of common costs from Part IV
Total, education
Grand total
Percentage of grand total used for
education
1974
budget
estin:att::.s
24,506
4,649
3,807
32,962
70,291
47%
1973 1972
ad,justed
budget actual
estimates expenditure
21,925 17,752
4,529 3,661
3 ,1•64 2,894
29,918 24,307
62,676 52,126
48% 47%
Source: Report of the Commissioner-General of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East, 1 July 1972-30 June 1973
(Official Records of the General Assembly, Twenty-eighth Session, Supplement No. 13
(A/9013), p. 59, table C.
"26. Besides their contribution to the UNRWA budget, certain
Governments make an additional direct contribution to the refugees. Direct
contributions for educational services in 1972-1973 are shown below.
Direct contribution to refugees a/ b/ for the year ended 30 June 1973
(In United States dollars)
Governments
Egypt
Israel
Jordan
Lebanon
Syrian Arab Republic
Education services
7,095,000
2,312,619
1,672,512
6o ,970
1,342,146
Totals
9,022,475
7,902,665
10,074,976
1,341,493
3,530,975
a/ All data shown in this table are provided by the Governments concerned and
are expressed in United States dollars computed by applying the agency's accounting
rates of exchange.
EJ These contributions direct to the refugees are in addition to contributions
made by these Governments.
Source: Report of the Commissioner-General of UNRl-TA, 1972-1973, Official_
Records of the General Assembly, Twenty-eighth Session, Supplement No. 13 (A/9013),
p. 102, table 21.
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"27. In addition to the contributions to the Regular Budget and the
government contributions detailed above, the UNRWA/UNESCO schools receive
special donations, particularly from the following countries: United States
of America, Germany (Federal Republic of), Sweden and Switzerland.
"Teacher training
"36. It will be seen that a large number of teachers hold only the
secondary school certificate (980 out of a total of 1,416, or over two thirds),
as against 264 university graduates. Only two teachers have a university
degree in English and none holds a degree in mathematics. This seems to have
adverse effects on the standard of teaching in these subjects. The relatively
few teachers (~72 out of a total of 1,416) with a two-year post-secondary
training will also be noted. All the institutes providing such training are
situated on the West Bank of the Jordan and access to them was consequently
very difficult for inhabitants of the Gaza Strip until after the hostilities
of June 1967. A further point is that UNRWA, on which three of the four such
institutes depend, has difficulty in finding teaching posts for graduates from
the Gaza Strip. The Israeli authorities, however, report 700 teachers having
taken advanced courses in the Gaza Strip and Israel in 1971. £1 Aoother
point is that the salaries payable to teachers make it more tempting to seek
work in Israel or sometimes to emigrate.
"Higher education
"37. The table below shows the number of students admitted to the
universities and higher institutes of Egypt.
' Number of students from the Gaza Strip admitted to the universities and
higher institutes of Egypt, 1964-1973
1964 1965 1966 1967 1968 1969 1970 1971 1972 1973
Universities_ and
higher institutes 728 1,323 nil nil nil 1,195 1,030~ 961~ 732!') 1 ,0 31!')
~ The figures from 1970 onwards represent the number of those passing the
taw,jihi examination who· crossed the Suez Canal for the purpose of pursuing higher
studies in Egypt.
Source: Ministry of Education, ARE and UNRWA Office, Beirut.
£1 Ministry of Defence, The Administered Territories 1971-1972, p. 276.
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"Egypt provides students from the Gaza Strip with financial assistance
amounting to £(E)2 million a year for educational costs and £(E)l20,000 a
year in direct nEsistF~.<ctce. The Egyptian authorities intend to restrict the
number of such students to 1,000, apparently owing to the massive rise in
the number of students at the universities of Cairo.
"38. In addition, a number of students continue their studies at foreign
universities, often with the assistance of fellowships administered by UNRWA/
UNESCO. The number of UNRWA fellowship-holders was 384 in 1968-1969, but fell
to 82 in 1972-1973 owing to the running-out of one source of finance. ~
Israeli sources indicate that very few students from Gaza continue their
studies in Israeli universities. e/ The main difficulties appear to be
attributable to a ge.1erally inadequate standard of secondary education, and
the opportunities of work in Israel .
"B. Cultural life
"Cultural life prior to 1967
"41. According to a special report submitted to the Director-General
by the Arab Educational, Cultural and Scientific Organization (ALECSO), prior
to 1967 the region had six tourist offices, six sports clubs, three cultural
centres, two public libraries, 10 bookshops and eight cinemas (including four
indoor cinemas). The ALECSO report also states that the Egyptian Government
spent £(E)4o,ooo on the maintenance of these establishments.
"III. THE WEST BANK, INCLUDING EAST JERUSALEM
11General observations
"57. Israeli sources show that the annual rate of natural increase in
the population of the West Bank was apparently rising until 1971 (2.8 per cent)
and then went down to the 1968 rate (2.3 per cent), which is similar to the
trend noted in the Gaza Strip. f/ There is, on the other hand, a net
emigration from the occupied territories. In the 1950s, there was noticeable
d/ UNRWA/UNESCO Department of Education Statistical Yearbook, 1972-1973, pp. 7
and 96.
~Haifa report, p. 9.
!/Ministry of Defence, op. cit., pp. 17-215.
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emigration from the \-fest Bank to the East Bank of the Jordan and to foreign
countries where economic opportunities were better. g/ In the months
following the war of 1967, an estimated 200,000 fled-from the West Bank to
the East Bank. h/ Since 1971, however, the rate of net emigration seems to
be decreasing for reaons attributed by Israeli sources to employment
opportunities mainly in Israel. if
"58. Like the Gaza Strip, the West Bank economy is predominantly
agricultural. The region is, however, much more developed and produces a
greater variety of items, including olives, deciduous fruits, citrus and
bananas, field crops, vegetables, as well as animals. jf In spite of certain
improvements, the techniques used are rudimentary by comparison to those used
in Israel. Industry has not been able to develop in the West Bank since the
beginning of occupation. Several reasons are given. There is virtually no
investment in the region by outside sources, Arab or other. Jordanian banks
have been closed and the local population is not inclined to deposit in or
borrow from Israeli banks. Furthermore, nearly half of the West Bank hired
workers in industry (6,500 out of a total of 13,900 in 1972) work in industry
in Israel. !J
"59. In general, there is a tendency among West Bankers to be attracted
by higher wages in Israel. If one examines the monthly figures of West
Bankers seeking work through Israeli employment offices in 1971-1972, one
finds an average of 21,833 per month, of which almost all were employed in
Israel (20,452 or 94 per cent). 1/ Another 10,000 obtained employment without
going through the employment offices. lfuether they go through the employment
offices or not, the attraction of employment in Israel appears to prevail over
fears arising from the unstable and precarious nature of such work. The
October 1973 war, for example, cut many West Bank workers off from their main
source of income, yet little by little they returned to Israel in their dayby-
day search for better material living conditions for themselves and their
families.
g/ See, for example, "Palestinian emigration and Israeli land expropriation
in the occupied territories", Journal of Palestine Studies, vol. III, 1973,
pp. 106-108.
'eJ Report of the Commissioner-General of UNRWA, l July 1966-30 June 1967,
Official Records of the General Assembly, Twenty-second Session, Supplement No. 13
(A/6713), para. 32; and ibid., Twenty-third Session, Supplement No. 13 (A/7213),
paras. 9 and 10.
if Ministry of Defence, op. cit., pp. 2, 98-100.
J} Ibid., p. 30
!J Ibid. , p. 31.
!f Ministry of Defence, op. cit., p. 99.
I . ..
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Annex VIII
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"60. The effects of these trends on the economy of the 1iest Bank are
considerable. Industry and the population have been adjusting to meet the
demands of the Israeli economy. The occupying Power, the local population
and the States whose territory is occupied agree on this point. This
situation obviously affects both the education and cultural life of the Arab
population of the West Bank.
"A. National education
"Numerical data
"73. As regards the budget spent on education in the West Bank, the
Israeli authorities had an educational budget for the West Bank of
£(I)20 million for 1972. m/ It should be noted that approximately 70 per cent
of the schools in the area are run by the Government. The authorities
encourage building of schools by offering to pay 50 per cent of the cost. The
difficulty seems to be that the authorities will not allow the levying of
additional taxes through the municipalities from the local population for
this purpose, because of the policy of non-interference in local affairs,
although they do enforce other forms of taxation. The result is that
schoolrooms have to be rented in different parts of the towns and villages
and are often overcrowded.
"74. As already mentioned (see para. 25 above), the total expenditures
in 1972 for education services of UNRWA/UNESCO amounted to $24,307,000 and
the budget estimates for 1974 were $32,962,000. Since nearly 16 per cent of
the refugee pupils receiving education are in the West Bank, the amount of
UNRIVA/UNESCO education funds for the West Bank education services may be
roughly calculated at $4 million for 1972.
"Higher education
"95. In the report submitted by Jordan, n/ it is stressed that "the
occupatio'l has affected directly or indirectly -hi<>;her education". The
Ministry of Education regrets that it has no reliable statistics available,
and enumerates several consequences of the occupation, including the
T1!/ Haifa report, p. 35. The Ministry of Defence, op. cit., p. 139, indicates
the higher amount of £(I)35,573,363 in actual expenditures for education in 1971-
1972.
~ Ministry of Education, Effect of Occupation on Education and Culture in the
West Bank of Jordan (a special report prepared for UNESCO), p. 10.
I . ..
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difficulties students have in leaving the occupied territories West of the
Jordan, and the petty annoyances suffered by those who do leave when they
come home to their parents on holiday; the problems they encounter when
trying to find employment benefiting their qualifications; and the extreme
difficulty of gaining admission to the Israeli universities. The report
also mentions the closing down of the Beit-Hanina Institute of Business
Administration.
"96. On the other hand, it is stated in the Haifa report o/ that
things are going on much as before, although students who used to go to
Arab universities in other countries naw tend to go rather to the United
States of America and Europe. It is also stated that the Israeli
universities are open to students from the occupied territories, but that
very few actually go to them. Another point to note is that the Israeli
authorities authorize the purchase of foreign currency by students who wish
to study abroad.
"B. Cultural life
"105. Two features mark the Right Bank of the Jordan from the
cultural standpoint: firstly, the distinctive character of the large towns,
each of which has its own quite individual past, history, elites and trends
of development; and, secondly- a feature connected with long-standing and
exceptional urban development - the great disparity between the standard of
living and way of life in the towns and in the countryside, the latter
remaining particularly poor.
"Cultural life prior to 1967
"lOB. The Jordanian Ministry of Education, in its report to UNESCO p/
stressed the fact that the West Bank was an important market for the books,
magazines and newspapers of the Arab world. Furthermore, a law of 1964
provided for the administration and maintenance of the holy places by the
Ministry of Waqfs, Islamic Affairs and Shrines. g/
~ See Haifa report, pp. 40-41.
Ef Minister of Education, Effects of Occupation on Education and Culture in
the West Bank of Jordan (a special report prepared for UNESCO}, p. 17.
g/ Ibid., p. 19.
I ...
"Cultural life since 1967
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Annex VIII
:P&ge ll
"lll. For information about the Moslems, the officials of the Secretariat
visited the Ministry of Waqfs in Amman, where they were told that religious
instruction in the West Bank schools was going on as before, as were the
prayers in the mosques, and that the Ministry was continuing to see to the
maintenance of the buildings and to administer the community's property, the
income being used either for helping the neeey or for preserving religious
buildings etc. The Israeli authorities also provide assistance for this
purpose and have contributed to the restoration of various Moslem mosques and
cemeteries. Furthermore, they broadcast the major Moslem ceremonies - as,
indeed, those of other religions - on radio and television. rJ
"119. The problem of books and periodicals in Arabic also impinges on
cultural life. It is no doubt theoretically possible to obtain any book or
periodical in Arabic provided that it contains no incitement to re.cial hatred ·
or anti-Semitic statement. In fact, however, the situation is not as simple
as this, and the circulation of periodicals in particular is extremely
difficult. An import licence is required in order to obtain books or
periodicals from Arab countries, and they have to go through a slow, cumbersome
and complicated commercial circuit. In addition, high customs duties' are leVied
on such publications. Although a large number of English-language publiqations
freely expressing all shades of opinion me.y be available in Jerusalem, Ramallah
and elsewhere, the language barrier restricts their readership considerably.
"125. The increase in the number of television sets and in the flow of
workers from the occupied territories to Israel have brought about a change in
habits and attitudes of mind. Contact with Israeli society has led to a partial
splitting up of families. Not only the father but often also the mother mey
go to work in Israel, with the result that the cultivation of the land and the
education of the children are frequently left in the hands of the grandparents,
who are not always up to the task. Moreover, the workers who are attracted by
this new working environment - far more advantageous, it is true, but very
different from the point of view of dietary habits, mores and life style - are
ill prepared for the cultural shock involved. The complaint is made that the
wages earned are spent in Israel itself on doubtful forms of entertainment. The
Jordanian Government also mentions the breaking down of parental authority. The
dangers to young girls' honour, so carefully guarded in Islam, are very keenly
felt. It is feared that they may, against the wishes of their families, marry
!) Haifa report, p. 47.
/ ...
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Arab boy-friends they have met in Israel while working there. The result of
this is that, on the one hand, they are married off by their parents at an
increasingly early age and, on the other, certain municipalities and associations
are trying to create occupations and jobs for girls and women in the territories
themselves. Whatever may be said, however, values remain extremely traditional.
"IV. THE GOLAN HEIGHTS
"A. National education
"Numerical data
11 131~ The educat; nn~1 !=:.v~:t.Pm hJ=~.::: h.,on i'iuc;ult.,;cJ.. since t.he occupation
s01-~.., -...,., t..u~ Government of Israel. s/ The pay, however, was considered to be
too l.9w accordinf( to one teacher, who informed members of the Secretariat that it
amounted to £(I)8oo per month as compared to a worker's salary of £(1)1,200 per
month. The Secretariat also heard reports of students being attracted by wages
offered for manual labour in Israeli settlements in occupied Golan, where they
could earn up to £(1)50 per day.
"B. Cultural life
"141. The other activities mentioned in the Haifa report seem to be
related to the development of ties with Israel, as for example the sports clubs
which compete in an Israeli football league, the coffee houses catering to
visitors, and the handicrafts and home industries aimed at the tourist
market. ~/"
~I Haifa report, p. 68.
y Ibid., p. 72.
UNITED NATIONS
GENERAl
ASSEMBlY
Distr.
GENERAL
A/10290) It",( '2
3 November 1975
ENGLISH
ORIGINAL: ARABIC/ENGLISH/
FRENCH
Thirtieth session
Agenda item 12
REPORT OF THE ECONOMIC AND SOCIAL COUNCIL
Permanent sovereignty over national resources in the
occupied Arab territories
Report of the Secretary-General
75-22601 / ...
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CONTENTS
Report of the Secretary-General . . • • . . . . . . . . • . . . • . . . . . 3
ANNEXES
I. Note verbale dated 18 March 1975 from the Secretary-General to the
Permanent Representatives to the United Nations of Egypt, Israel,
Jordan, Lebanon and the Syrian Arab Republic to the United Nations
II. Notes verbales dated 26 June, 8 July, 26 August, 23 and 30 September
and 24 October 1975 from the Permanent Representative of Egypt to
the United Nations addressed to the Secretary-General
III. Note verbale dated 8 July 1975 from the Permanent Representative of
the Syrian Arab Republic to the United Nations addressed to the
Secretary-General
IV. Note verb ale dated 6 August 1975 from the Permanent Mission of
Israel to the United Nations addressed to the Secretary-General
V. Note verbale dated 9 September 1975 from the Permanent
Representative of Jordan to the United Nations addressed to the
Secretary-General
VI. Letter dated 19 March 1975 from the Secretary-General to the heads
of the United Nations Conference on Trade and Development, the
United Nations Industrial Development Organization, the
International Labour Organisation, the Food and Agriculture
Organization of the United Nations, the World Health Organization,
the United Nations Educational, Scientific and Cultural Organization
and the International Bank for Reconstruction and Development
VII. Letters dated 2 Hay and 26 August 1975 from the Director-General of
the International Labour Office addressed to the Secretary-General
VIII. Letter dated 8 July 1975 from the Director-General of the United
Nations Educational, Scientific and Cultural Organization
I ...
Report of the Secretary-General
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l. On 17 December 1974, the General Assembly adopted resolution 3336 (XXIX)
entitled "Permanent sovereignty over national resources in the occupied Arab
te=itories", in paragraph 5 of which the Assembly requested the Secretary-General,
with the assistance of the relevant specialized agencies and United Nations organs,
to prepare a report on "the adverse economic effects on the Arab States and
peoples, resulting from repeated Israeli aggression and continued occupation of
their territories, to be submitted to the General Assembly at its thirtieth session".
2. The Member States directly concerned, in addition to the relevant specialized
agencies and United Nations organs, including the United Nations Conference on
Trade and Development, were invited to provide relevant information as a basis
for the report.
3. On 18 March 1975, therefore, the Secretary-General sent notes verbales to
the Permanent Representatives of Egypt, Israel, Jordan, Lebanon and the Syrian
Arab Republic to the United Nations (see annex I below).
4. The Permanent Representative of Egypt to the United Nations replied in notes
verbales dated 26 June, 8 July, 26 August, 23 and 30 September and 24 October 1975,
transmitting tables presenting "examples of losses incurred by some ministries,
governmental departments, public sector enterprises and services sectors" (see
annex II below). In the view of the Government of Egypt, the information conveyed
represents a fraction of the total losses.
5. On 8 July 1975, the Fermancrct Hepresentati ve of the Syrian Arab Republic to the
United Nations addressed to the Secretary-General a note verbale (see annex III)
transmitting five tables entitled: "the amount of damage suffered by State bodies
and the public sector; the amount of direct damage suffered by the private sector;
the amount of direct damage suffered by villages in the theatre of operations and
villages occupied in 1973 and subsequently evacuated; amount of damage resulting
from the devastation of the town of Quneitra and occupation of the district; and
the amount of agricultural damage resulting from the occupation of Quneitra district".
The reply also contained figures which represent the value of antiquities, which
the Government of the Syrian Arab Republic stated were removed from this district,
as well as the amount of aid to the people displaced during the period 1967-1975
and the economic damage which the Government anticipated it would incur, as from
1976, owing to the loss of revenue from properties and public utilities. The
reply further indicated that the information was not all-inclusive and that Syrian
authorities were still in the process of assessing other direct and indirect damage.
6. In a note verbale of 6 August 1975, the Permanent Mission of Israel to the
United Nations stated that "the position of Israel on the subject matter of the
resolution in question was made clear by the delegate of Israel in the Second
Committee on 15 November 1974 and in the plenary meeting on 17 December 1974" (see
annex IV below). It further noted that "the wording of paragraph 5 of resolution
3336 (XXIX) completely prejudges the issue, leaving no room and no purpose for the
preparation of an objective report".
7. The Secretary-General also received replies dated 26 August and 9 September 1975
A/10290
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from the Permanent Representative of Jordan to the United Nations. The reply of
9 September transmitted the Government's revised report on the adverse effects of
Israeli occupation of the West Bank on Jordan's economy (see annex V below).
8. In a letter dated 19 March 1975, the Secretary-General also requested
information from the relevant specialized agencies and United Nations organs,
namely, UNCTAD, UNIDO, FAO, UNESCO, the ILO, vffiO, IBRD and IMF, as well as the
Economic Commission for Western Asia (ECWA) {see annex VI below). These agencies
or organs have co-operated by sending relevant documentation. Some stated that
they had no information directly related to the subject~atter and others advised
that they only had information of a general nature.
9. The reply of UNCTAD, dated 29 May 1975, focused on its report entitled
The Economic Effects of the Closure of the Suez Canal. 1/ That study identified
and quantified the effects of the closure of the Canal on ocean shipping services
and costs, and evaluated the trade losses of the areas affected. It conclUded
that countries south of the Canal, especially in East Africa a~d in South-East Asia,
had been principally affected, but it did not provide a breakdown for any country
in particular.
10. According to the UNCTAD report, in 1966, the last full year of the operation
of the Suez Canal, a total of 242 million tons (176 million tons of oil and
66 million tons of dry cargo) passed through the Canal, equal to 14 per cent of
world sea-borne trade, Egypt received about $US 224 million in toll revenues
in the 12 months ending May 1967, but the losses to the economy (actually not
computed) go beyond this figure in view of the many activities induced by the
traffic through the Canal.
11. In its reply dated 24 June 1975, UNIDO transmitted the following relevant
information:
"In the course of the hostilities, Egypt suffered the loss of two oil
refineries and one fertilizer plant with the result that the country has
been forced to meet its crude oil and fertilizer requirements through imports.
On the other hand, the present situation on the Sinai peninsula deprives the
Egyptians of no less than one third of their oil resources, since the oil
fields are currently occupied by the Israelis. In the Syrian Arab Republic,
the Hams oil refinery was put out of action. Lebanon made available a certain
proportion of its refining capacity with the result that there have been local
shortages, impeding the operation of the transport system and certain
industrial facilities. The Hamma steel rolling mill in Syria was also put
out of operation when its generator plant was damaged. Moreover, funds
that should have been devoted to industrial development in the Arab region
have been directed to defence purposes. "
12. In its replies of 2 May and 26 August 1975 (see annex VII below), the ILO,
!/ United Nations publication, Sales No.: 73.II.D.l3.
I . ..
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while indicating that it had no directly relevant material, drew attention to a
resolution adopted by the International Labour Conference at its fifty-ninth session
concerning the policy of discrimination, racism and violation of trade union
freedoms and rights practised by Israeli authorities in Palestine and in other
occupied Arab territories (see annex VII, appendix III, below) , as well as to
the action and decision related to that resolution taken subsequent thereto.
13. In its reply of 8 July 1975, UNESCO, while noting that this information was
not entirely of direct concern to the subject covered by General AssemblY resolution
3336 (XXIX), drew attention to a report prepared for the eighteenth session of
the General Conference entitled "The situation of the national education and the
cultural life of peoples in the occupied Arab Territoriesn, 2/ prepared pursuant
to UNESCO resolution 10.1, part III, paragraph 19. 'l'he reply of UNESCO identified
the paragraphs of the report concerning economic or financial matters. These
paragraphs, as well as the resolution adopted following the consideration of the
above-mentioned report, are reproduced in annex VIII below.
gj UNESCO document 18C/16 of 10 September 1975. I . ..
ANNEX I
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Annex I
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Note verbale dated 18 March 1975 from the Secretary-General to
the PErmanent Representatives of ERYPt, Israel, Jordan, Lebanon
and the Syrian Arab Republic to the United elations
[Original: Englis~
The Secretary-General of the United Nations presents his compliments to the
Permanent Representative of to the United Nations and has th<= honour to refer
to General Assembly resolution 3336 (XXIX) of 17 December 1974. In paragraph 5 of
that resolution, the General Assembly:
"Requests the Secretary-General, with the assistance of relevant
specialized agencies and United Nations organs, including the United
Nations Conference on Trade and Development, to prepare a report on the
adverse economic effects on the Arab States and peoples, resulting from
repeated Israeli aggression and continued occupation of their territories,
to be submitted to the General Assembly at its thirtieth session."
Information concerning economic matters which is normally available to
the Secretariat is not adequate to enable the Secretary-General to prepare the
report requested by the General Assembly. He must, therefore, turn to the
Member States directly concerned which may be in a position to provide the
required information, as well as to the relevant specialized agencies and United
Nations organs, including the United Nations Conference on Trade and Development.
The Secretary-General would be grateful if your Government could provide
him with information available to it which it considers to be relevant to the
subject-matter of the report requested by the General Assembly in so far as it
relates to Arab territories which have been occupied by Israel since June 1967.
The Secretary-General very much hopes that your Government will find it possible
to make the required information available to him no later than 1 July 1975, in
order that the requested report may be submitted to the General Assembly before
the opening of its thirtieth session.
I ...
ANNEX II
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Annex II
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Notes verbales dated 26 June, 8 July, 26 August, 23 and 30 September
and 24 October 1975 from the Permanent Representative of Egypt to the
United Nations addressed to the Secretary-General
A. Note verbale of 26 June 1975
LDriginal: Englis!J
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations
and with reference to the Secretary-General's note, dated 18 Harch 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith examples of losses incurred by some Hinistries, government'tl
departments, public sector enterprises and services sectors, as a result of
repeated Israeli aggression and continued occupation.
The attached information is, therefore, not comprehensive. It only represents
a fraction of the total losses. This is due, inter alia, to the following:
l. Losses incurred by some other sectors are not included in the attached
estimates. For example, there are the huge military losses, as well as the
losses resulting from destruction of the three cities of Port Said, Ismailia
and Suez, as well as villages, institutions and property in the Suez Canal
region, in addition to the loss of Suez Canal revenue for exactly eight years.
2. The losses in Sinai and in the Gaza Strip are not included, with
the exception of preliminary estimates of the loss of production of the
Sinai oil fields.
3. The attached estimates do not account for the continuing rise in
the "replacement cost", as a result of inflation and the rising labour cost.
Furthermore, the majority of estimates cover periods ending before or at the
end of 1974. They do not account for losses incurred up to the present.
4. The estimates do not cover human losses, including the loss of life.
5. There is also the tremendous cost to the national economy resulting
from the severe dislocation of productive factors and resources as a result
of Israeli aggression and continued occupation. Since June 1967, Egypt has
mobilized its resources against aggression and for the ultimate liberation
of the occupied territories.
6. The temporary resettlement away from their homes of more than a
million displaced persons from the Gaza Strip, Sinai, the Suez Canal zone and
its three major cities, also constituted a heavy burden on the economy. In
addition, the psychological distress resulting from the occupation of the
/ ...
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national soil, the abandonment of homes and the dislocation of the economy
had considerable adverse effect on national production and producti,~ty.
Consequently, while the estimates attached to this note provide some relevant
information, the need for a comprehensive study, as envisaged in paragraph 5 of
resolution 3336 (XXIX), is to be stressed. The text of this paragraph, taking
into account the magnitude and complexity of the task requested from the SecretaryGeneral,
made specific reference to "the assistance of relevant specialized
agencies and United Nations organs, including the United Nations Conference on
Trade and Development" in preparing the Secretary-General's report "on the adverse
economic effects on the Arab States and peoples", related to the subject-matter
of the resolution.
The role of the specialized agencies, United Nations organs, and specifically
UNCTAD, has been spelt out in the statement made on behalf of the co-sponsors of
the draft resolution, which underlined that paragraph 5, as revised:
"is designed to involve the relevant United Nations organizations in
the preparation of the report on the adverse economic effects on the Arab
States and peoples resulting from repeated Israeli aggression and continued
occupation.
"In this respect, the co-sponsors wish to underline the need to seek the
assistance of the UNCTAD secretariat in preparing the report, since UNCTAD has
the machinery to carry out studies and research which would be useful in the
preparation of the report.
"Similarly, the UNESCO secretariat is expected to assist the SecretaryGeneral
in assessing the losses, destruction and damages caused to educational,
cultural and scientific institutions and infrastructure in the Arab States
subjected to Israeli aggression and occupation, as much of the losses and
damages have a bearing on the economies and development efforts of the
countries concerned. Furthermore, the loss of items of cultural and national
heritage should be taken into account by UNESCO whether they relate to
biblical heritages in Arab-Jerusalem and the Western Bank of the Jordan River,
or in Sinai, where a most ancient and glorious monastery, that of
St. Catherine's exists, or in the Golan Heights and the Syrian City of
Quneitra, where loss of valuable items of national heritage during Israeli
occupation have been reported.
"These are only examples of the cases where the specialized agencies and
United Nations organs are to assist the Secretary-General in preparing the
requested report. The co-sponsors wish to emphasize that other organizations
within the United Nations system, such as WHO, FAO, UNIDO etc., are also
expected to participate in preparing the report."
It was also in view of the magnitude and complexity of the task that the
Secretary-General submitted a statement (A/C.5/1649) on the administrative and
financial implications of the draft resolution (A/C.2/L.l312) in which:
I ...
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"it was indicated that it was proposed to prepare the report on the
basis of inquiries from, and visits to, tne States concerned and consultations
with the relevant specialized agencies and United Nations organs, including
the United Nations Conference on Trade and Development. A large part of the
work involved would be carried out in co-operation with the Economic
Commission for Western Asia, and, in view of the short time available and
the limited staff resources currently available to that newly created regional
commission, would require four economists, appointed for six months each,
and General Service secretarial support, as well as travel funds."
(A/C.5/1649, para. 3)
However, in an oral statement on behalf cf the Advisory Committee on
Administrative and Budgetary Questions, the Chairman of the Advisory Committee
pointed out that the main justification offered for the appointment of four
economists for six months each was the fact that the Economic Commission for
Western Asia had currently only limited staff resources to draw upon. In that
connexion, he was in a position to inform the Fiftn Committee that the Advisory
Committee would recommend the adoption of the Secretary-General's staffing
proposals for ECWA, as included in his progress report on the programme budget for
the biennium 1974-1975, a/ namely, a net increase of 2) posts in the Professional
category and 60 additional local-level posts in 1975. On the assumption that this
recommendation would be adopted, it would not prove necessary to engage four
economists. The Advisory Committee therefore recommended that an additional
provision in the amount of $37,000 to cover the cost of two economists only for a
period of six months each could be made under section 12 of the programme budget
(A/9978.Add.l, para. 4). b/ This additional appropriation for the purpose indicated
was before the General Assembly in document A/9978/Add.l as it adopted resolution
3336 (XXIX).
The Permanent Representative wishes to recall that this question was discussed
in detail during two meetings, held on 12 February and 22 April 1975 with the
Under-Secretary-General for Economic and Social Affairs, with a view to stressing
the importance of preparing the Secretary-General's report as envisaged by
paragraph 5 of General Assembly resolution 3336 (XXIX) and as spelt out by the
co-sponsors of the draft resolution, as well as the statement submitted by the
Secretary-General on the administrative and financial implications of the draft
resolution, within the allocations approved by the General Assembly upon the
explanation given by the Chairman of the Advisory Committee for Administrative and
Budgetary Questions as stated in document A/9978/Add.l.
a/ Official Records of the General Assembly, Twenty-ninth Session,
Supplement No. 6 (A/9606).
£/Ibid., Twenty-ninth Session, Annexes, agenda item 73.
/ ...
APPENDIX
Pa.rtial estimates or direct and indirect losses incurred b:
Sector or Ministry
1. Ministry of the Interior
2. Transport Sector
3. Ministry of Commerce
4. Civil Aviation Sector
5. Ministry of Health
.....
as a result of Israeli aggression since
Description
Buildings, installations, structures,
r&w materi&ls, 19Jld martyrdom
remuneration
Railroads, roads, bridges, marine
transport, land transport, vehicles,
lorries, tractors, equipment etc.,
plus evacuation costs and civil
defence expenses etc.
(a) Egyptian Public Cotton Corporation:
increase in import-export expenses,
evacuation costs and loans.
(b) Subsidiaries of the Egyptian
Foreign Trade Corporation:
decrease of exports resulting from
partial or total breakdown of
productive units; transportation
accommodation and compensation
costs; civil defence costs; closure
of companies' branches in Port Said
and the termination of business in
Suez and Sinai.
(c) International exhibitions and fairs:
losses sustained by the permanent
Egyptian Pavilion at the Damascus
International Fair, and the
suspension of work on the Cairo
International Fair project etc.
Subtotal
Cairo Airport and the Meteorological
Office, plus compensation to families
of martyrs
Medicaments for regular and emergency
treatment, and medical supplies, as a
result of direct aggression on
Al-Za1faran Medical Aid Station on
9 September 1969
Estimated loss
in Egyptian pounds
223 072
145 978 725
1 337 450
21 477 501
1 028 000
23 842 951
31 263 466
2 103 627
and installations
Period
from 5 June 1967 to
31 December 1972
from June 1967 to
October 1973
from June 1967 to
31 December 1974
from June 1967 to
31 December 1974
from June 1967 to
31 March 1974
Remarks
Direct damage:
11 269 325
Indirect damage:
134 351 4oo
N'lDllber of
companies: 9
Losses are
direct and
indirect
Direct and
indirect
damage
Direct and
indirect
damage
Direct and
indirect
damage
8": '!i:I'! l(1':-l <I:-.'
CDCDt-'0
~ 1-'•1\)
.,.. m '<>
H:oTO
H
Sector or Ministry
6. Al~Awka.f (religious
endowments)
7. Agriculture
8. Ministry of Electricity
9- Ministry of Social
Affairs
10. Radio and Television
Sector
....
lL Ministry of War
Production (Civil
Sector)
12. Petro1ewn Sector
13. Industry and Mining
Description
Damage caused to mosques ~d immovable
properties administered by the Awkaf
Authority
Buildings, services, and damage
repair
(a) Compensation paid in the
Governorates of Port Said,
Ismailia, Suez and Sinai, as well
as to families of martyrs
(b) Compensation pending reimbursement
for loss of life and assets
Subtotal
Costs of shutdown during raids, and
increase in import expenses, etc., plus
loss of nitric acid production in Suez
{a) Direct damage up to 31 December 1974
(b) Indirect damage up to
31 December 1974
(c) Losses resulting from the loss of
Sinai fields up to 30 June 1975
Subtotal
17 public sector industrial
installations damaged or destroyed;
cost of their restoration and loss
caused to the local market by lack of
supplies
Estimated loss
in Egyptian p_ounds
1 773 300
513 105 403
27 139 480
7 179 875
13 030 000
20 209 875
5 305 368
16 137 296
406 300 000
355 500 000
875 000 000
1 636 Boo ooo
860 000 000
Period
From 1967 to
31 March 1974
Remarks
From 5 June 1967 to Direct and
19 February 1975 indirect damage
From 1967 through
1974
From 1 May 1974 to
31 December 1974
For 1975
From June 1967 to
30 March 1974
Up to
31 December 1974
From June 1967
and during the
var of attrition
through 1973
Direct and
indirect damage
It is to be noted
that these
figures are
exclusive of the
evacuation
operations
expenses, which
amount to
£E 24 million per
year
Direct damage:
63 535
Indirect damage:
5 241 833
Direct damage:
1 522 000
Indirect damage:
14 615 296
iUS 11:1111~0
V1 >I t;· {8
HO"O
H
Sector or Ministry
14. Tourism
15. Higher industrial
education institutes
16. Manpower
17. Education Sector
18. Irrigation Sector
19. Ministry of Justice
20. Ministry of Al-Azhar
Affairs
---.
Description
(a) Direct damage incurred by tourist
companies, especially in Port Said,
Ghardakah, Al-Ain J Al-Sokna.h, and
tourist offices in Port Said, Suez,
Al-Areesh Rest House, as well as the
loss sustained by the Ministry's
offices in the aforesaid locations.
(b) Indirect losses in Egypt's tourist
revenues as a result of the
aggression
Subtotal
Damage caused to buildings and
installations, such as the Higher
Industrial Institute in Port Said and the
Higher Mining Institute in Suez, etc.
Damage caused to buildings, installations,
and services; evacuation expenses,
teachers' salaries etc.
Renovation of Suez, Ismailia and Port Said
courthouses damaged e.s a result of
aggression, as well as the decrease in the
revenues of courts, the Land Registration
Administration, the State Council and the
Forensic Medicine Department in the
Governorates of the Canal zone
Damage caused to Al-Azhar's affiliated
institutes in Port Said, Ismailia, and the
Nasser Boarding Quarters for Moslem
students in Cairo
Estimated loss
in Egyptian pounds
24 Ol6 770
434 800 000
458 816 770
153 756
76 527
36 745 046
16 011 100
1 443 615
171 572
Period
through 1973
through 1973
From June 1967 to
30 September 1974
From June 1967 to
31 March 1974
Remarks
Direct damage:
13 173
Indirect damage:
63 354
Direct damage:
34 032 294
Indirect damage:
2 712 752
Direct damage:
1 007 600
Indirect damage:
15 003 500
Direct G.amage:
9 430
Indirect damage:
1 434 185
&":; 1~; '~-t IJ:I ......
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Sector or Ministry
21. Economic co-operation
22. Insurance Sector
23. Sea transport
24. Ministry of Foreign
Affairs
-
Description
Losses incurred by the Free Zone in
Port Said~ including damage to buildings
and roads and loss of revenues
Damage caused to buildings and
installations and the decrease in
revenues and the increase in expenses of
the General Egyptian Insurance
Corporation
Damage caused to the Department of Ports
and Lighthouses and the port of
Alexandria
Damage caused to our consular offices in
Jerusalem and to the personal property
of our consular staff there during the
1967 aggression
Estimated loss
in Egyptian pounds
105 087 210
3 521 969
91 611 700
19 369
Period
From June 1967
through November
1974
From June 1967 to
31 December 1972
during 1973
From 1967 to
31 !'.areh 1?74
Remarks
Direct damage:
87 210
Indirect damage:
105 000 000
Direct damage:
9 oo6 300
Direct damage:
3 863 700
Indirect dttmage:
78 741 700
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A/10290
English
Annex II
Page 8
B. Note verbale of 8 July 1975
[Original: Englis!!_7
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations
and further to the Permanent Representative's note dated 26 June 1975 regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial estimates of losses incurred by the Ministry of Supply
Sector in the Suez Canal region as a result of repeated Israeli aggression since
June 1967.
/ ...
,APPENDIX
Partial estimates of losses - direct and indirect - incurred by institutions
and installations as a result of Israeli aggression since June 1967 (contim:cci}
----------------------------------------------------
Sector or Ministry
25. Supply
Description
(a) Direct losses sustained in
supply commodities and produce
of miscellaneous nature in
warehouses in different areas
of Canal cities.
(b) Direct losses incurred by the
warehouses of the Supply
Commodities Corporation in
Port Said and Port Tawfi~
areas - exclusive of
warehouses totally destroyed
or severely damaged, the value
of which is being estimated.
(c) Damage caused to e~uipment and
vehicles rendering them
useless.
(d) Indirect losses including:
(i) Demurrage due to military
operations and the
closure of Port Said and
Suez ports.
(ii) Decline in revenues of
warehouses in the Canal
Zone.
Subtotal
Estimated
loss in
Egyptian pounds ,
70 794
ll 000
9 000
13 000 000
150 000
13 240 794
Period
from June 1967
to 31 Dec. 1974
Ditto
Ditto
Remarks
'd)>t:rJ)>
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A/10290
English
Annex II
Page 10
C. Note verbale of 26 August 1975
{Original: Englis~7
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations
and, pursuant to the Permanent Representative's note dated 8 July 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith further partial estimated losses incurred by the Ministries of
the Interior, Local Administration and War, in Egypt as well as in the Gaza Strip,
as a result of Israeli aggression and occupation ~ince June 1967.
I . ..
--...
APPENDIX
Partial estimates of direct m1d indirect losses incurred by Departments and
utilities as a result of the Israeli aggression since June 1967
Sector or Ministry
26. Ministry of
the Interior
27. Ministry of
Local
Government
28. Ministry of
War
Items
Construct ion;
installations of
machinery; raw
materials; indemnities
for casualties
Buildings;
installations;
furnishings and
equipment; means of
transportation; general
economic damages
Direct and indirect
civilian losses to
bodies under the
Ministry's
supervision
Estimate of
losses in
Egyptian pounds
2 724 o88
144 078 000
724 197
Duration
from 1 Jan. 1973
up to present
from 5 June 196'7
to 31 Dec. 1974
from 5 June 1967
to 31 Dec. 1973
Remarks
To be added
to data
ccncerning the
Ministry in
item 1.
Losses suffered
by the
Governorates of
Sinai, El Arish,
and Kantara East
only
Apart from
losses of Armed
Forces units,
whether in
personnel,
installations
or equipment
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A/10290
English
Annex II
Page 12
D. Note verbale of 23 September 1975
LOriginal: Englis~/
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations,
and further to the Permanent Representative's note, dated 26 August 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial estimates of the losses incurred by the Gaza Strip and
the Ministry of War, and re-estimates of the losses incurred by the Ministries of
Social Affairs, Commerce and Petroleum.
I . ..
"
APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
utilities as a result of Israeli aggression since June 1967
Sector or Ministry
29. Ministry of
Social Affairs
Description
(a) Compensation paid for
losses of private
property
(b) Compensation
expected to be paid
for losses of property
(c) Compensation paid for
civilian casualties
(d) Reparation paid to
evacuees
(e) Reparation expected
to be paid
(f) Reparation paid to
families of troops
(g) Cost of the Social
Development Plan in
the Suez Canal region
(h) Sums paid from the
allocation for victims
of the aggression
Estimated
losses in
Egyptian pounds
11 128 161
3 871 839
15 000 000
182 088
119 336 111
10 502 053
22 628 000
2 000 000
4 647 499
Period Remarks
up to Amending
15 Aug. 1975 item 9
from 16 Aug. 1975
to 31 Dec, 1975
from 1 Jan. 1967
to 31 Dec. 1967
up to
1 Sept. 1975
from 5 June 1967
to 31 July 1975
from 1 Aug. 1975
to 31 Dec. 1975
up to
1 Sept. 1975
up to
1 Sept. 1975
up to
1 Sept. 1975
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APPENDIX
Partial estimates of direct and indirect losses incurred by De artments and
utilities as a result of Israeli aggression since June 1967 continued)
Estimated
losses in
Egyptian pounds
ll 886 939
390 000 000
235 301
Period
up to
l Sept. 1975
up to
1 Sept. 1975
up to
1 Sept. 1975
Under preparation by
the Ministry of Finance
61 994 550
457 Boo
up to
31 Dec. 1974
up to 31 Dec. 1974
Remarks
Amending
item 3 (atove)
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APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
utilities as a result of Israeli aggression since June 1967 (continued)
Sector or Ministry
31. Ministry of
Petroleum
32. Gaza Strip
Description
(a) Direct damages
(b) Indirect damages
(c) Losses resulting from
the enemy's seizure of
Sinai's petroleum
production
(a) Losses incurred by
the Directorate of
Education
(b) Losses incurred by
the Directorate of the
Interior and Public
Security
(c) Losses incurred by the
Directorate of Finance
and Economy
(d) Losses incurred by the
Directorate of Social
Affairs and Refugees
Estimated
losses in
Egyptian pounds Period Remarks
452 499 000 up to 31 Dec. 1974 Amending
item 12 (above)
368 264 000 up to 31 Dec. 1974
896 200 000 up to 31 Dec. 1975
44o ooo up to 1 Sept. 1975
1 606 825 up to 1 Sept. 1975
12 019 248 up to 1 Sept. 1975
233 666 000 up to 1 Sept. 1975
co>t<J>
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'
APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
utilities as a result of Israeli aggression since June 1967 (continued)
Sector or Ministry
33. Ministry of
War
Description
(a) Losses of equipment,
weapons and
ammunition:
June 1967 operations
Har of Attrition
October 1973 war
(b) Losses in installations
(c) Compensations for
families of casualties
Estimated
losses in
Egyptian pounds
1 200 000 000
260 000 000
1 500 000 000
26 000 000
4o ooo ooo
Period Remarks
In addition to
monthly pensions
paid to entitled
persons
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E. Note verbale of 30 Septanber 1975
A/10290
English
Annex II
Page 17
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations and,
fUrther to the Permanent Representative's note dated 23 September 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial re-estimates of the losses incurred by the Ministries of
Electricity, Military Production (Civil Sector) and Education.
It should also be pointed out that the Ministry of Finance, in connexion with
information gathered from most ministries, has estimated that the global losses
incurred by these ministries and up to 31 August 1975 should read as follows:
(In Egyptian pounds)
1. Civil losses
(a) Direct losses 2 412 000 000
(b) Indirect losses 4 655 900 000
2. Military losses (approx.) 4 942 400 000
I .. .
'
APPENDIX
Statement of partial estimates of direct and indirect losses incurred by Departments
and utilities as a result of Israeli ap:P".ression since June 1967 (continued)
Sector or Ministry
34. Ministry of
Electricity
35.
36.
Ministry of
War Production
(Civil Sector)
Ministry of
Education
Description
(a) Direct damages
(b) Indirect damages
Cost of suspension of
production during the raids
and rise in cost of imports
etc., as well as loss of
production of nitric acid
in Suez
(a) Direct damages
(b) Indirect damages
Estimated
losses in
Egyptian pounds Period
from 5 June 1967
31 526 6oo to 31 Dec. 1974
267 076 700
18 349 769
51 o48 491
4 281 468
"
from 5 June 1967
to 31 Aug. 1974
from 5 June 1967
to 1 Sept. 1975
n
Re!Dl.rks
Amending
item 8 above
Direct losses
1 522 000
Indirect losses.
16 827 769
(amending
item 11 above)
Amending
item 17 above
;ti';-§1<:_
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F. Note verbale of 24 October 1975
A/10290
English
Annex II
Page 19
LOriginal: English/
The Permanent Representative of the Arab Republic of Egypt to the United
Nations presents his compliments to the Secretary-General of the United Nations and,
further to the Permanent Representative's note dated 30 September 1975, regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, has the honour to
enclose herewith partial estimates of losses incurred by the Ministry of Housing
and Reconstruction, and re-estimates of the losses incurred by the Ministries of
Health and Wakfs.
I ...
APPENDIX
{Original: Arabii/
Partial estimates of direct and indirect losses incurred by Departments and
organs as a result of the Israeli aggression since 1967
Estimate of
losses in
Sector or Ministry statement of losses Egyptian pounds Period Remarks
37. Ministry of (a) Medicines for treatment
Health and emergencies and
medical equipment, as
a result of a direct
attack on the First
Aid Station at
Zaafarana on from 9 Sept. 1969 Amendment of
9 Sept. 1969 2 103 627 to 1 Oct. 1975 item 5
(b) Losses incurred
1:y the Governorate from June 1967
of Sinai 18 061 000 to 1 Oct. +975
(c) Losses incurred by the from June 1967
Gaza Strip 60 884 365 to 1 Oct. 1975
(d) Losses incurred within from June 1967
Egypt 623 050 000 to 1 Oct. 1975
38. Ministry of (a) Cost of renovation and
Wal<fs restoration of the
(endowments ) Ministry's mosques in
the Governorates of the
Suez-Canal region and from June 1967 Amendment of
Sinai 2 008 725 to 1 Oct. 1975 item 6
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.....
APPENDIX
Partial estimates of direct and indirect losses incurred by Departments and
organs as a result of the Israeli aggression since 1967 (continued)
Sector or Ministry Statement of losses
Estimate of
losses in
Egyptian pounds Period
38. Ministry of (b) Cost of renovation and
Wakfs restoration of mosques
(endowments ) endowed by private
(continued) individuals in the
Governorates of the
Suez Canal region and
Sinai
(c) Egyptian Wakfs
Authority:
(i) Direct losses
(ii) Indirect losses
39. Ministry of Losses incurred by
Housing and contracting companies
Construction (direct and indirect)
480 000
125 491
6 597
30 042 632
from June 1967
to l Oct. 1975
from 5 June 1967
to 1 Oct. 1975
"
from 5 June 1967
to 1 Oct. 1975
Remarks
't!:t-1:':!>
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ANNEX III
A/10290
English
Annex III
Page 1
Note verbale dated 8 July 1975 from the Permanent Representative
of the Syrian Arab Republic to the United Nations addressed
to the Secret~-General
[Original: Arabii/
The Permanent Representative of the Syrian Arab Republic to the United Nations,
in response to the Secretary-General's note of 18 March 1975 requesting information
on the adverse economic effects suffered by the Syrian Arab Republic since 1967 as
a result of repeated Israeli aggression and continued occupation of part of its
territories, in pursuance of paragraph 5 of General Assembly resolution 3336 (XXIX)
of 17 December 1974, encloses tables containing the following information on such
economic effects:
1. Table 1
2. Table 2
3. Table 3
4. Table 4
5. Table 5
Amount of economic damage suffered by Stata bodies
and the public sector, 1967-1975 •.•••.•
Amount of direct damage suffered by the private
sector, 1973-1975 ••••
Amount of direct damage in villages in the theater
of operations and villages occupied in 1973 and
subsequently evacuated . • • . . . . • • . • . . .
Amount of damage resulting from the devastation of
the town of Quneitra and the occupation of the
district, 1967-1975 .•.•.••• • • •
Amount of agricultural damage resulting from the
occupation of Quneitra district, 1967-1975 •
6. Value of antiquities taken from the district and looted
by the enemy • • • • . • • • • • • . • • •
7. Amount of aid to the people displaced during the period
1967-1975 • . • . . • • • . • • .
$US 1,000
2,541,543
316,840
261,161
2,347,765
593,852
1,000,000
354,048
Grand Total 7,019,209
In addition to this economic damage, which amounted to $US 7,019,209,000, the
Syrian Arab Republic will incur, as from 1976, $US 184 million, at current rates,
owing to the loss of agricultural land, the cost of providing for the needs of the
displaced persons and the loss of revenue from properties and public utilities.
/ ...
A/10290
English
Annex III
Page 2
Furthermore, the Permanent Representative of the Syrian Arab Republic would
like to draw the Secretary-General's attention to the fact that, in 1967, Israeli
forces occupied two towns, 137 villages and 100 farms. In 1973, they occupied
24 villages and 23 farms. They withdrew in 1973 from one town, 27 villages and
23 farms, while to date they continue to occupy one town, 134 villages and 100 farms.
The estimated number of persons forced by Israeli aggression to leave their land in
the Quneitra district in 1967 is 82,000. The 1970 census shows that 122,937
inhabitants of Quneitra were at that time living in other Syrian districts.
It is to be noted that the attached information on the damage suffered by the
Syrian Arab Republic as a result of repeated Israeli aggression and continued
occupation of part of its territories is not all inclusive. Syrian authorities are
in the process of assessing other direct and indirect damage that might have been
caused by Israeli aggression to private establishments and individuals in respect
of which no claim or notification has yet been made. Nor does the information cover
casualties, including loss of life.
The Permanent Representative of the Syrian Arab Republic transmits this
information to the Secretary-General for inclusion in the report he is to prepare in
pursuance of paragraph 5 of General Assembly resolution 3336 (XXIX).
I ...
Table 1
Amount of economdc dama~e suffered bv- State bodies and the
continued occuQ_~t_i_9n and repeated Israeli aggression,
1967-1973
Direct Indirect Direct
Body damage damage Total damage
Ministry of Petrolewn - - - 402 580
Ministry of Electricity 21 000 6 000 27 000 692 000
Ministry of Industry - - - 15 020
Ministry of Communications 276 000 24 000 300 000 186 000
Ministry of Public Works 1 050 6 000 7 050 3 450
Ministry of Education 73 100 - 73 100 1 080
Ministry of Higher Education - - - 13
Ministry of Health 661 - 661 35
Ministry of Information - - - 260
Ministry of Supplies - - - 200
Ministry of Economy and Foreign Trade - - - 55
Ministry of Labour and Social Affairs - - - 782
Ministry of Tourism - 5 600 5 600 10
Civil Aviation Administration - - - -
Ministry of Finance - - - 100
Ministry of Euphrates Dam - - - 7 64o
Ministry of Local Administration - - - - -
Ministry of Housing and Utilities 10 228 1 150 11 378 350
Ministry of Transport - 305 305 -
Grand total 882 039 43 055 425 094 1 309 575
.....
a result of
1973-1975
Indirect
damage Total
111 322 513 902
134 000 826 000
54 693 69 713
24 000 210 000
3 105 6 555
- 1 080 -
- 13
1 026 1 061
293 553
126 326
30 236 30 291
- 782
- 1·0
6 080 6 080
43 200 43 300
- 7 640
641 641
2 000 2 350
152 152
410 874 1 720 449
$US 1 000
Grand
total
513 902
853 000
69 713
510 000
13 605
74 180
13
1 722
553
326
30 291
782
5 610
6 080
43 300
7 640
641
13 728
457
2 541 543
--
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A/10290
English
Annex III
Page 4
Table 2
Amount of direct damage suffered by the private sector, 1973-1975
Data
Buildings destroyed and damaged in
the city of Damascus
Cars destroyed in Damascus and Horns
Industrial plants
The construction sector
Public transport
Hotels, entertainment and tourism
facilities
Other sectors
Total
$US l 000
22 673
2 282
256 200
8 500
6 6oo
n o85
3 500
316 840
I .. .
Table 3
A/10290
English
Annex III
Page 5
Amount of direct damage in villages in the theatre of operations
and villages occupied in 1973 and subsequently evacuated
Data
Buildings
Funds, commodities and
merchandise
Trees and agricultural
products
Animals and livestock
Utilities and structures
Total
Villages in
the theatre
of operations
16 874
17 583
41 348
3 378
5 508
84 691
Villages occupied
in 1973 and
subsequently
evacuated
51 513
21 035
84 427
17 430
2 065
176 477
$US l 000
Total
68 387
38 618
125 775
20 8o8
7 573
261 161
I . ..
A/10290
English
Annex III
Page 6
Table 4
Amount of damage resulting from devastation of the town
of Quneitra and occupation of the district, 1967-1975
Data
Buildings
~nds, commodities and
merchandise
Utilities and government
structures
Total
~ Included in table 1.
Town of
Quneitra
1 042 700
472 575
441 000
1 956 275
Table 5
Cities, villages
and farms
312 o6o
79 430
~
391 490
Amount of agricultural damage resulting from the
occupation of Quneitra District, 1967-1975
Data
Farm products
Produce of productive trees
Animal products
~gricultural machinery
Mills
Oil presses
Molasses presses
Total
Direct damage
102 760
2 954
984
270
285
107 253
Losses in
production
161 560
210 920
101 304
295
2 496
1 132
8 892
486 599
$US 1 000
Total
1 354 760
552 005
441 000
$US 1 000
Total
161 560
210 920
204 o64
3 249
3 480
1 402
9 177
593 852
I . ..
ANNEX IV
A/10290
English
Annex IV
Page l
Note verbale dated 6 August 1975 from the Permanent Mission
of Israel to the United Natiorts addressed to the
Secretary-General
[Original: Englis~
The Permanent Mission of Israel to the United Nations presents its compliments
to the Secretary-General and has the honour to refer to his note of 18 March 1975,
concerning General Assembly resolution 3336 (XXIX) of 17 December 1974.
The position of Israel on the subject-matter of the resolution in question was
made clear by the delegate of Israel in the Second Committee on 15 November 1974
and in the plenary meeting on 17 December 1974 and is reflected in documents
A/C.2/SR.l630 and A/PV.2323 enclosed herewith.
Furthermore, it is noted that the wording of paragraph 5 of resolution
3336 (XXIX) completely prejudges the issue, leaving no room and no purpose for
the preparation of an objective report. In fact, the resolution is merely a
reflection of the political warfare carried out by the Arab States against Israel
in the United Nations.
I . ..
A/10290
English
Annex IV
Page 2
APPENDIX I
Statement by Mr. Israel Eliashiv in explanation before the vote on item 12
(report of the Economic and Social Council) at the twenty-ninth session of
the General Assembly o~17Jle~~~1~{!J./PV.23-23) ___ _
I wish to address myself to draft resolution II recommended.by the Second
Committee in document A/9886 !d now before the Assembly. It is indeed regrettable
that those who have inspired and initiated the draft resolutior,, and their
supporters, have once more involved the Second Committee in highly sensitive
political subjects which not only are extraneous to it but have been fully dealt
with elsewhere in this Assembly, thus establishing a very negative and unproductive
pattern of work for the Second Committee by engaging it in bilateral political
disputes. Furthermore, the specific questions referred to in the draft resolution
relate to the areas administered by Israel since 1967, and these questions have
been fully discussed in the Special Political Committee and in the plenary Assembly.
There we have given a very full statement of the factual situation and of our
position, and I do not intend to repeat all that.
Last year a very similar proposal was initiated by the same delegation. Its
purpose was clear: by the constant repetition of spurious charges, to try and
rewrite history. The draft resolution now before us continues in that vein. It
singles out one so-called economic issue, which cannot be divorced from that of the
whole complex Middle East problem. The motives behind this draft resolution are
essentially political in character. They attempt to attribute to Israel exclusive
responsibility for all the consequences of the continuous aggression committed by
Arab States against it ever since 1948, ignoring the responsibility of the Arab
States which cannot escape the consequences of their own aggression against Israel.
As is well known, only a few hours after the proclamation of Israel's
independence in 1948, Arab States proclaimed war against Israel and marched their
armies across the borders to crush it at birth. The telegrams sent by Arab
Governments and by the Secretary-General of the Arab League on 14 May 1948,
brazenly informing the Secretary-General of the United Nations of their planned
invasion of our country, bear testimony to that fact. I refer to documents
S/743, ~I Sl745 £1 and Sl748 and Corr.l. £1
~I Official Records of the General Assembly, Twenty-ninth Session, Annexes,
agenda item 12, para. 21.
~I Official Records of the Security Council, Third Year, No. 66, 292nd meeting,
pp. 2 and 3.
£I For the printed text, see ibid., Third Year, Supplement for May 1948.
I . ..
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For more than 26 years Israel has been subjected to constant aggression and
belligerency by Arab Governments in defiance of the United Nations Charter and
resolutions, This aggression included economic boycott, blockade of international
waterways, armed raids and sabotage, political warfare and terror) designedl in
the words of the late President Nasser, to strike the death blow at Israel.
The culmination of the Arab aggression was their assault on 6 October 1973,
when Egypt and Syria launched a massive premeditated and unprovoked attack
against Israel, as fully described in the reports of the United Nations Truce
Supervision Organization and clearly admitted by the President of Egypt and
other Arab leaders. In 1967 Israel, embattled and besieged, and in the face of
the avowed aggression of Egypt, Jordan and Syria, was compelled to defend itself,
and the occupation of the areas administered by Israel since then is the outcome
of that situation.
The continuation of that occupation is a direct consequence of the refusal
of the Arab States since then to enter into negotiations with Israel to establish
a firm and just peace in the area. To refer to Israeli presence in the occupied
areas while ignoring that Israel arrived there in the course of a war of Arab
making is to pervert fundamental truth. International law and the specific
United Nations resolu~ions have entrusted Israel with the responsibility for the
security of the territories and the safety of their population.
No amount of fanciful allegations and distorted reports will deter Israel
from pursuing its policy of maintaining the law in force in the territories and
to conduct its administration in accordance with the relevant rules of
internation ·. law and binding international conventions, to promote social and
economic development, to foster good neighbourly relations and to maintain options
open for future peace negotiations.
He reject all the baseless allegations aimed at the creation of confusion
and exploitation of fake issues for political purposes.
I would also recall that the Special Committee, whose report (A/9817) the
proponents of this draft resolution relied on so heavily, was established in an
entirely irregular and unconstitutional manner. Furthermore, as our delegation
has previously shown in detail when discussing the Special Committee's report,
no validity whatsoever can be attached to the findings and conclusions of that
Committee. Anyone vho carefully scrutinizes its report must reach the unavoidable
conclusion that it is based on preconceived ideas, irrelevant assertions, baseless
allegations, selective quotations, and so-called findings that have no foundation
whatever.
With reference to the issue of the so· called exploitation of natural
resources, I fully explained our position during the debate in the Second
Committee and I shall reiterate only that it is our view that there is no rule of
international law which could have the effect of barring Israel from the use of
natural resources available in the area. Israel has acted in complete and
absolute accord with international law and practice in this matter.
I . ..
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In conclusion~ the draft resolution before:! us is completely uncalled for~
It is one-sided and biased. It passes over in utter silence the fact that Israel
has endured extremely adverse economic effects as a result of continuing Arab
aggression against it since 1948 in flagrant violation of the United Nations
Charter and resolutions. It is based on utterly false legal premises. It seeks
to prejudge any forthcoming negotiations and will serve no purpose in the quest
for peace in the Middle East.
For the reasons presented by my delegation in the Second Comraittee and here
in the General Assembly_ we utterly reject the draft resolution and will vote
against it.
I . ..
APPENDIX II
Statement by tlr. Israel .Clias_hiy_'2_n_ l;5 _ _ll_ove!ll_ll~.r.___12_7_)j_~_j;he_
;t-_63ot!l-meeting of the Seconci_ _C_O_!Ilill_i:t_tee _9!_ the General
Assembly on agenda i_tem_!_2_
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I wish to address myself to draft resolution A/C.2/L.l372. Before doing so
one can only express once again regret at the renewed attempt to involve this
Committee in highly sensitive political matters which are not only extraneous to
it, but are being fully dealt >rith elsewhere in this session in the General Assembly.
The draft establishes a very negative and non--productive pattern of work for the
Second Committee by engaging it in bilateral political disputes. The Second
Committee has built up, over the years, a positive tradition of dealing with purely
economic and financial matters, and in any case it has avoided as a general
practice any reference in its resolutions to countries involved in bilateral
disputes~ even on economic issues. I need not spell out examples which are of
common knowledge to members of this Committee. This draft breaks with this
tradition.
Last year a very similar proposal was sponsored by a number of countries.
Its purpose was clear, by the constant repetition of spurious charges, to try and
rewrite history. The draft now before us continues in that vein.
Those who have inspired and initiated the draft resolution have singled out
one so--called economic issue which cannot be divorced from that of the whole
complex Middle East problem, which is being discussed elsewhere in this session
of the General Assembly. Furthermore, the specific questions referred to in the
draft resolution have no relevance to the agenda item we are discussing, which is
the report of the Economic and Social Council. The draft relates to the areas
administered by Israel since 1967, and these questions have been discussed in the
Special Political Committee. There we have given a very full statement of the
factual situation and of our position, and I will not take up this Committee's
time by repeating all that.
The motives behind this draft resolution are essentially political in
character. They aim at attributing to Israel exclusive responsibility for all the
consequences of the continuous aggression committed by Arab States against it ever
since 1948, ignoring the responsibility of the Arab States who cannot escape the
consequences of their own aggression against Israel. As is well known, only a
few hours after the proclamation of Israel's independence in 1948, Arab States
proclaimed war against Israel and marched their armies across the borders to crush
her at birth. Let me recall the telegrams sent by Arab Governments and by the
Secretary--General of the Arab League on 14 l1ay 1948, brazenly informing the
Secretary--General of the United Nations of their planned invasion of our country.
I refer to documents S/743, S/745, S/748. In a cable to the Security Council,
contained in document S/743, the then Egyptian Foreign 1-linister, Mahmoud Bey Fawzi,
announced explicitly the invasion, saying that now that the British Mandate in
Palestine has ended, the Egyptian armed forces have started to enter.
I ...
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For more than 26 years, Israel has been subjected to constant aggression and
belligerency by Arab Governments, in defiance of the United Nations Charter and
resolutions. This aggression included economic boycott, blockade of international
waterways, armed raids and sabotage, political warfare and terror designed, in the
words of the late President Nasser, "to strike the death blow at Israel". The
culmination of the Arab aggression was their assault on 6 October 1973, when
Egypt and Syria launched a massive premeditated and unprovoked attack against
Israel as fully described in the reports of United Nations Truce Supervision
Organization, and clearly admitted by the President of Egypt and other Arab
leaders.
By what perverse logic can the Arab representatives accuse Israel of
aggression? A belligerent cannot preach and practise unilateral aggression, and
then demand to be protected from the consequences of his acts.
The principal organs of the United Nations repudiated the malicious Arab
thesis that aggression and a state of war which the Arab States have proclaimed and
practised against Israel conferred upon them the right to blockade, boycott,
threaten, intimidate and engage in political warfare and terror, while requiring
Israel to resign itself to its annihilation, openly promised and planned by Arab
States. They also repudiated all unfounded Arab charges that Israel has been
guilty of aggression.
In 1967, Israel, embattled and besieged and in the face of the avowed
aggression of Egypt, Jordan and Syria, was compelled to defend itself, and the
occupation of the areas administered by Israel since then, is the outcome of that
situation. The continuation of that occupation has been the direct consequence
of the refusal of the Arab States since then to enter into negotiations with
Israel to establish a firm and just peace in the area.
To refer to the Israeli presence in the occupied areas while ignoring that
Israel had arrived there in the course of a war of Arab making is to pervert
fundamental truth.
International law and specific United Nations resolutions have entrusted
Israel with the responsibility for the security of the territories and the safety
of its population. The policy of the Military Administration in the territories
has been to maintain the laws in force in the territories and to conduct its
administration in accordance with the relevant ru1es of international 1aw and
binding international conventions, to promote social and economic development, to
foster good neighbourly relations and to maintain options open for future peace
negotiations.
Progress has been achieved in every field of human life and endeavour, be it
in the sphere of education, health, social services, building activity,
agriculture, industry or development.
To ignore these facts and to place the matter in the distorted mirror of the
draft resolution is an invidious and tasteless misrepresentation which exceeds all
limits. To refer to a situation where tens of thousands of workers from occupied
terdtories find useful and remunerative employment in Israel as "exploitation of
existing resources ;l,. including human resoUrces, is absurd.
I ...
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'1e reject all the baseless allegations aimed at the creation of confusion and
the exploitation of faked issues for political purposes. I would also recall that
the Special Committee, Q/ on the report of which the proponents of this resolution
relied so heavily, was established in an entirely irregular and unconstitutional
manner and, for the further reasons presented by my delegation in the Special
Political Committee when discussing that report, none of its findings and
conclusions have any validity whatsoever.
With reference to the issues of the so-called "exploitation of natural
resources11
, as I stated last year in this Committee, it is our view that there is
no rule of international law which could have the effect of barring Israel from the
use of natural resources available in the area.
Israel has acted in complete and absolute accord with international law and
practice on this issue. Israel has, in accordance with international law, the
responsibility and financial burden of providing public and social services for the
population of the territories and it is entitled to that income to which the former
authorities were entitled. It is completely and patently untenable to claim that
international law stipulates that the occupying Power is bound to provide those
services given by the Government, but that the income to which the Government is
entitled reverts to the previous authority. On this issue, The Hague Regulations
clearly state that the occupying Power is entitled to the usufruct. Any other
interpretation would lead to a situation whereby the occupying Power provides the
services and public utilities, while the income from public property belongs to
the previous Povrer, who 1 during the period of occupation, provides no services
whatsoever. Such a result would be founded neither on logic nor on international
law.
It is obvious that the repeated Arab aggression against my country since
1948, in flagrant violation of the United Nations Charter and resolutions, has had
extremely adverse economic effects on Israel.
To conclude, the draft resolution is completely uncalled for, it seeks to
prejudge any forthcoming negotiations and will serve no purpose in the quest for
peace in the Middle East. We, therefore, reject it completely and hope that many
other delegations will oppose it and not adopt an attitude which can be interpreted
as implying support for it .
. '!/ United Nations, Treaty S_e_ries_, vol. 249, No. 3511.
/ ...
ANNEX V
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Note verbale dated 9 September 1975 from the Perman~nt Representative
of Jordan to the United Nations addressed to the Secretary-General
Loriginal: Englis!!/
The Permanent Representative of the Hashemite Kingdom of Jordan to the United
Nations presents his compliments to the Secretary-General of the United Nations
and with reference to the Secretary-General's note dated 18 March 1975 and regarding
General Assembly resolution 3336 (XXIX) of 17 December 1974, and pursuant to his
note of 26 August 1975, has the honour to enclose herewith the revised and final
report on the adverse economic effects on the Hashemite Kingdom of Jordan, resulting
from the Israeli aggression and occupation of the West Bank of the Jordan.
I . ..
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The adverse effects of Israeli occupation of the West Bank
on Jordan's economy
CONTENTS
I. Introduction • • • •
II. Economic development and performance
III. The impact of Israeli occupation on land and human
resources
A. Land •
B. Human resources
C. Employment •••
IV. The impact of Israeli occupation on the Seven-Year
Economic Development Plan • • • • • • • • • • •
V. The impact of Israeli occupation on the economic
performance of Jordan • • • • • . • • • •
The economic situation of the West Bank after
June 1967
VI. Major sectors
A.
B.
c.
D.
E.
Agriculture
Mining and manufacturing
Construction • • • . •
Electricity and water
Tourism . .. ~ . .
The situation after June 1967
F. Trade . . . .. .
The situation after June 1967
G. Transport and communication
VII. Summary and conclusion ••••
APPENDIX
1 September 1975
Paragraphs
1. - 3
4 - 1.0
1.1 - 20
1.1. - 15
16 - 1.8
1.9 - 20
21 - 24
25 - 38
26 - 38
39 - 90
42 - 49
50 - 56
57 - 60
61. - 66
67 - 68
69 - 76
77 - 84
79 - 84
85 - 90
91 - 100
Tables 1 to 7 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
3
3
4
4
5
6
6
7
9
12
1.2
14
15
16
16
17
17
17
I. Introduction
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1. Jordan is situated off the south-eastern shores of the Mediterranean (between
longitudes 34° and 39° bast and latit1:.des 29° a~d 33° North) and extends.
eastwards to the Arabian desert. Jordan covers an area of 94,740 square kilometres
cf vhich 5,874 square kilometres ( 6. 2 per cent) lie on the West Bank of the Jordan
River. The total cultivable area is estimated at 13 million dunums, of whicil
3.2 million dunums (25 per cent) lie on the West Bank.
2. The population of Jordan is estimated at 2.7 million persons in 1975, of
whom about 2 million persons live in the East Bank and 0.7 million persons live in
the \vest Bank. The rate of growth of population is 3.2 per cent per annum. The
density averages at 28.4 persons per square kilometre of total area and
207.7 persons per square kilometre of cultivable area. Adult literacy rate was
60 per cent in mid-1971.
3. The 1961 population census of Jordan indicated that there were 389,978 persons
as economically active; of this, 172,101 persons (44.1 per cent) were in the
\vest Bank. Assuming a participation rate of 20 per cent, the total labour force
in 1975 is 540,000 persons, of whom 400,000 are in the East Bank.
II. Economic development and performance
4. Jordan's economy prior to June 1967 witnessed higher rates of growth than any
other developing country in the world. Jordan's initial effort in drawing up
a Five-Year Economic Development Plan (1962-1967) was superseded by the Seven-Year
Plan for Economic Development (1964-1970).
5. The Seven-Year Plan (1964-1970) was launched in 1964 aiming at increasing the
gross national product (GNP) in real terms by 7.4 per cent per annum and reducing
the ration of foreign trade deficit to GNP from 30 per cent in 1964 to ll per cent
in 1970. The plan also aimed at reducing budget support from JD 14 million to
JD 6 million between 1964-1970 and at increasing employment by 5.5 per cent per
annum4
6. In order to achieve these objectives, the plan called for a total investment
of JD 275 million.
7. Host of the development projects and proposals included in the plan and
scheduled for implementation between 1964 and June 1967 were either implemented or
under way.
8. The gross national product rose at an annual rate of growth of 9.4 per cent.
This high rate of economic growth was maintained with a fairly high degree of price
and monetary stability. The significant features of growth trends in the
composition of expenditure were the rising share of consumption, whose rate of
growth was 15.5 per cent per annum, and the increasing share of investment, whose
annual rate of growth was ll per cent. The rate of growth of exports of goods and
non-factor services was almost double the corresponding figure for imports of
/ ...
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goods and non-factor services (15.4 per cent for exports as against 8.5 per cent
for imports). The net-factor income from abroad rose at an annual rate of
15.3 per cent. The structural change was evidenced in domestic output (whose rate
of growth was 8.4 per cent per annum) in favour of the agriculture, mining and
manufacturing sectors. The annual rates of growth of the agricultural sector
over the 1959-1966 period was 9.1 per cent, mining and industry 15.7 per cent,
construction 10.4 per cent, electricity and water 16.9 per cent and the services
sectors 7 per cent.
9. It is sufficient to mention here that Jordan's absorptive capacity expanded,
its natural resources were efficiently utilized, its human resources were upgradec
and became more productive, its institutional set-up modernized and developed, its
stock of entrepreneurs increased under the umbrella of constitutional continuity,
stability, law and order. The social overhead capital accumulated and increased and
the capacity of the public sector in providing public services and infrastructural
facilities promoted and expanded.
10. A large number of institutions, corporations and firms were established in
the fields of agriculture, industry, mining, trade, business and banking.
III. The impact of Israeli occupation on land and human
resources of Jordan
A. Land
11. The Israeli aggression in June 1967 resulted in the loss of the West Bank,
6.2 per cent of the total area of Jordan, 25 per cent of Jordan's cultivable area,
80 per cent of the land planted with fruits, 45 per cent of land planted with
vegetables, 25 per cent of land planted with cereals and 35 per cent of total
livestock.
Kingdom
West Bank
% of total
Area
94.740
5.874
(6.2)
Area and cultivable land use
(in millions of dunums)
Agricultural land Cereals Vegetables
13.0 8.7 0.6
3.2 2.2 0.3
(25) (25) (45)
Fruits Unutilized
0.9 2.8
0.7
{80)
/ ...
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12. The net irrigable area is 728,000 dunums (mostly lie in the Jordan Valley),
of which 156,000 dunums (32 per cent) are in the West Bank. This area in particular
was subject to frequent attacks and bombardment by Israeli artillery and by air
raids, which continued for years after the occupation and caused severe damages to
irrigation schemes, roads, houses, farms and other installations, which ended in
the destruction of agricultural produce. The total loss in the East Bank caused by
continuous Israeli raids in the Jordan Valley, amounted to JD 55 million, or
JD 97.2 million in 1975 prices.
13. In the West Bank, the agricultural land was greaty reduced owing to the
expropriation of 190,259 dunums of land between 1967 and 1974. Most of the
confiscated land is located around Jerusalem, Jericho and Nablus. Over 13,000
housing units were demolished between 1967 and 1974, leaving their dwellers
homeless.
14. In judaizing Arab Jerusalem, the Israeli authorities demolished entire villages
around Jerusalem, whole quarters in the city, rr~sques and schc~ls. The Israeli
authorities have also confiscated the Palestine museum, 20,000 dunums, including
600 buildings, five mosques, four schools, two markets and two Islamic centres,
leaving their dwellers homeless, in order to resettle 100,000 Jews in 30,000
housing units to be built in Jerusalem so as to outnumber the 70,000 Arabs living
there.
15. The sanctity of the holy places, including the Dome of the Rock and the
Aqsa Mosques and a good number of other mosques and churches, was violated. The
Aqsa Mosque was burnt and its structure threatens to collapse owing to excavations
by Jewish fanatics searching for Solomon's temple.
B. Human resources
16. Israeli aggression caused the influx of over 414,000 evacuees from the Gaza
Strip and the West Bank to East Bank.
17. Israeli authorities deported and put to exile 1,500 persons between 1967
and 1972, entirely demolished three villages, leaving 8,500 persons homeless, and
destroyed 7,542 houses in refugee camps, whose dwellers became homeless for the
second time in their history. Moreover, 6,000 persons were tempted to migrate.
Some of them were supplied with air-tickets free of charge in order to migrate to
the United States of America, Canada and Latin America.
18. The end result was that the population of the West Bank, estimated to be
1.3 million persons in 1975, was reduced to only 700,000 persons who are actually
living there. Of these, 19,000 were committed to prison because they denounced
Israeli occupation.
I . ..
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C. Employment
19. The total labour force, according to the Israeli Central Bureau of Statistics,
numbered 126,400 persons in 1973 at a participation rate of 19 per cent.
20. Israeli policy was determined to utilize the maximum number of the Arab
labour force available in the occupied territory, in order to achieve the
following goals:
(a) To serve Israeli development in the fields of agriculture, industry
and construction and thereby replace the maximum number of Jews serving their
armed forces ;
{b) To choke the occupied territory's resistance to occupation;
(c) To bleed the occupied territory's labour force, which resulted in
the substantial reduction of the West Bank's economic growth and development
potential.
IV. The impact of Israeli occupation on the Seven-Year
Economic Development Plan
21. The implementation of the Seven-Year Plan was halted in the West Bank owing
to Israeli military occupation and work on several vital projects in East Bank
was either delayed or halted. Among these were the Yarmouk Dam, electrification
of Jordan, Jerusalem airport and other projects in the various sectors of the
economy. The total investment of these projects was estimated at JD 175 million
(or JD 332.7 million in 1975 prices), an amount which, if it had been spent, would
have expanded further Jordan's economic potential and its productive capacity.
22. In East Bank, the Government had to adopt an ad hoc development programme and
launched an emergency programme in an attempt to absorb the economically active
population seeking work. The Government also proceeded in implementing projects
and proposals included in the Seven-Year Plan for East Bank.
Plan 22.2
Actual 18.8
Investment in the Seven-Year Plan
(1964-1970)
(in millions of Jordanian dinars)
1965
29.1
23.2
1966
38.9
24.9
1969
46.7
34.2
1970
42.3
23.2
/ ...
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23. Actual investment totalled JD 176 million, part of which was spent on capital
projects not included in the plan. According to the evaluation report, only
40 per cent of the total number of projects and proposals were implemented.
24. Again, Israeli occupation of the West Bank stood in the way of Jordan's
development drive and in the way of achieving the plan's goals.
V. The impact of Israeli occupation on the economic
performance of Jordan
25. The adverse effects of Israeli occupation and its aftermath had precipitated
far-reaching effects envisaged in the following:
(a) The economic performance in East Bank after the 1967 Israeli
aggression was characterized by recession, which started immediately after
June 1967 and continued until the end of 1968. Then a period of recovery
continued until mid-1970, followed by a period of depression, a picture
which reversed itself marginally in 1971, and the economy has continued to
revive since then.
(b) East Jordan's economy suffered, until 1972, from excess demand,
inflationary pressures, financial imbalances, sectoral deficits, rise in
prices and substantial expansion in money and credit.
(c) Table l shows Jordan's GNP projected at 1975 prices for the period
from 1967 to 1975 on the proviso that conditions and growth rates experienced
prior to June 1967 remained the same. Table 2 shows actual data for East
Bank's GNP for the corresponding period in 1975 prices.
(d) In comparing both tables, we find that GNP annual rate of growth
dropped by 7.6 per cent, GDP at market prices dropped by 7.8 per cent,
GDP at factor cost declined by 7.4 per cent, consumption declined by
7.1 per cent, investment dropped by 0.4 per cent, imports of goods and
non-factor services outgrew the 1959-1966 growth rate by 1.4 per cent, exports
of goods and non-factor services declined by 4.6 per cent and net factor
income from abroad also dropped by 6.3 per cent.
(e) Again, by subtracting the findings in table 2 and those in table 3
(West Bank's GNP in 1975 prices according to the Central Bureau of Statistics
in Israel) from table 1, we may observe the following (as shown in table 4):
(i) Jordan's accumulated loss amounted to JD 2.2 thousand million in
terms of economic resources. In 1966, the West Bank contributed
about 45 per cent of the total economic resources in the country;
(ii) The accumulated loss in GNP amounted to JD 1.6 thousand million and
in GDP at market prices JD 1.5 thousand million.
/ ...
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GNP
Imports of
(G+NFS)
Resources/
uses
Consumption
Investment
Exports of
(G and S)
including net
factor income
from abroad
Jordan's economic resources and uses
(1967-1975)
(in millions of Jordanian dinars)
Projected
East and
West Banks
1
5,379.1
2,078.4
7,457.5
4,817.4
801.7
1,838.3
East Bank
2
2,741.2
1,059.1
3,800.3
2,537.6
505.2
757.5
West Bank
3
1,009.6
474.5
1,484.1
871.8
180.0
432.3
Accumulated
loss
(l - 2 - 3)
4
1,618.2
544.8
2,163.0
1,408.0
116.5
638.5
(iii) West Bank's economic resources as shown in the previous table did
not exceed 20 per cent of Jordan's economic resources compared with
45 per cent in 1966. The drastic change can also be seen in other
macro-economic variables.
(iv) Again, Jordan's economy lost in terms of domestic demand an
accumulated amount of JD 1.5 thousand million and in terms of
external demand JD 0.6 thousand million.
(v) The negative saving-investment gap widened. Otherwise, if Israeli
occupation had not taken place, it would have shown positive savings:
(a) Jordan's domestic savings, as shown in table 1, has shown
a surplus since 1972 and until 1975 compared with negative domestic
savings in previous years;
(b) Jordan's net-factor income from abroad (in table 1) showed
an accumulated amount of JD 561.4 million, which would have been used
in supplementing national savings;
(c) External savings in this case would have been in the range
of only 30 per cent of total savings, compared with 58.1 per cent
in East Bank.
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(f) Again, East Bank suffered from balance-of-payments pressures,
especially from 1969 through 1971. The estimated accumulated loss in exports
of goods and non-factor services was JD 525 million and in net-factor income
from abroad was JD 113.8 million.
(g) Domestic revenues of the government budget incurred a loss of
32 per cent of the total. Furthermore, the b~dget was subject to further
financial pressures owing to the following:
(i) The influx of over 414,000 evacuees, who needed food, shelter and
clothing;
(ii) Labour-market pressures;
(iii) The need to expand and reconstruct infrastructure facilities;
(iv) Higher budgetary allocations for defence instead of investment;
(v) Allocations for compensation of farmers at the Ghar area and for
reconstruction of the severely damaged areas in the Jordan Valley as
a result of the continuous daily Israeli raids for several years
after June 1967.
(h) Jordan lost half of its markets, which caused a severe shock in
Jordan's economy, especially in the industry, trade and construction sectors.
(i) The unfavourable effects on business confidence, which caused
reluctance in investment.
(j) The re-routing of sea-borne trade through Beirut instead of Aqaba,
owing to the closure of the Suez Canal.
The economic situation of the West Bank after June 1967
26. The statistical data, presented by the Central Bureau of Statistics in Israel,
on the West Bank do not reflect the true picture for several reasons, among which
are:
(a) GNP figures and other macro-economic variables for the West Bank
in 1971 are far below the 1966 level;
(b) Statistics for the integrated pre-war Jordanian economy showed that
GNP of the West Bank reached JD 79.2 million in 1966, while GNP, as shown in
Israel's own statistics (in 1975 prices), was JD 78.2 million in 1971 for the
West Bank;
(c) Investment in the West Bank (in 1975 prices) was only JD 5.9 million
in 1968, JD 7.7 million in 1970 and JD 9.2 million in 1971, which is far below
the actual figure for 1966;
/ ...
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(d) Figures quoted for 1968-1971 are far below the corresponding
figures for succeeding years;
(e) Production growth rates between 1968 and 1975 for the West Bank
were 34.8 per cent in GNP, 27 per cent in GDP, 25 per cent in consumption,
26 per cent in imports and 17 per cent in exports. In constant terms, taking
into account the rise in consumer price index of 38.2 per cent, the rates of
growth sustained at market prices will turn to be negative at a declining
trend of 3.4 per cent in GNP, 11 per cent in GDP, 13 per cent in consumption,
12 per cent in imports and 21 per cent in exports.
27. Therefore these statistical peculiarities should be kept in mind in discussion
throughout the report.
28. During the period from 1967 to 1975 the economic performance was below
potential on account of low absorptive capacity, reflecting largely institutional
and manpower constraints.
29. GNP of the West Bank in real terms rose from JD 34.2 million ln 1968 to
JD 117.4 million in 1975.
30. If Israeli occupation did not take place, assuming conditions remained the
same, Jordan's GNP in real terms would have reached a global figure of
JD 434 million. The West Bank's contribution, in this case, will be only
27 per cent in 1975 against 42.6 per cent in 1966, when the West was part of
Jordan.
31. Per capita GNP in real terms in the West Bank was JD 109 in 1972 against the
equiva~ent of JD 514 in Israel in 1972.
32. This low income accompanied by a substantial rise in prices of 38 per cent
per annum, played a dominant role in determining demand and output.
33. West Bank's gross domestic expenditures in real terms is estimated to reach
JD 112.8 million in 1975 against JD 418.3 million for Jordan if the Israeli
occupation had not taken place.
34. Incremental capital output ratio in the West Bank was only 1:1 during the
period, which denotes that most projects were labour intensive projects.
35. The deficit in the balance of trade of goods and non-factor services was
JD 91 million in the West Bank in 1975 against JD 68 million for the Kingdom.
(a) Exports of goods and non-factor services in the West Bank is
estimated to reach JD 52 million in 1975 against JD 234 million for Jordan.
(b) Imports of goods and non-factor services in the West Bank is
estimated at JD 143 million in 1975 against JD 303 million for Jordan.
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36. This left the West Bank with a negative saving-investment gap; otherwise if
the economics of both Banks were still integrated, it would have shown a positive
domestic savings.
37. The factors responsible for holding down growth and development in the West
Bank, which continued to exert themselves throughout the period 1967-1975, are
numerous, among which were:
(a) Israeli occupation of the West Bank;
(b) Continuous daily raids on the Jordan Valley for years after the
cease-fire in 1967;
(c) Oppression and confiscation of land and property;
(d) Demolition of entire villages, qunrters of cities, refugee cnmps
and houses;
(e) Bleeding the Arab labour force to serve their own development,
which had adverse effects in the West Bank's development;
(f) Committing thousands of persons to prison and deporting others
outside Israel because they denounced Israeli occupation;
(g) Shifting the economic resources of the West Bank to Israel;
(h) The October War of 1973;
(i) Control over the exploitation of natural and human resources by
means of expropriation, imposition of high tax rates between cities and at
ports of entry and on farmers so that they would leave their farms;
(j) Slow suffocation of human rights, freedom and development.
38. The end result culminated in low productivity, which led to low income
reflected by low savings and low investment, decline in output and in the
productive capacity, especially in people's ability to produce more goods and
services.
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VI. Major sectors
39. The interlocked economic integration between the \vest and East Banks and
intrasectoral flow of goods and services between both Banks was disintegrated and
disrupted as a result of the Israeli occupation.
40. The Israeli occupation of the V/est Bank deprived Jordan of 40 per cent of its
domestic output, or 40 per cent in the primary sector, 12.4 per cent in the
secondary sector and 47.6 per cent in the tertiary sector.
41. Again, table 4 (Jordan's loss in G!IP owing to Israeli occupation) shows that
the accumulated loss in GDP at factor cost between 1967 and 1975 totalled
JD 1.1 thousand million. To put it in a different perspective, Jordan lost (owing
to the Israeli occupation) in domestic income generated out of the primary sector
JD 232 million, in the secondary sector JD 171 million and in the tertiary sector
JD 727 million.
A. Agriculture
42. Income generated from this sector in 1966 totalled JD 27.7 million,
40 per cent of which was contributed by the Hest Bank. The labour force engaged in
this sector accounted for over 35 per cent of the total, of which almost one half
were in the vlest Bank. Agricultural exports constituted 51 per cent of the total
domestic exports in 1966, almost one half of which were contributed by the \vest
Bank.
43. Unfortunately, Israeli occupation in 1967 caused the loss of 80 per cent of
land planted with fruits, 45 per cent of land planted with vegetables, 25 per cent
of crops and 35 per cent of total livestock.
44. Output of wheat rose by 21.2 per cent per annum between 1958-1960 and 1964
and 1966, while tomatoes production rose by 7.9 per cent per annum, other vegetables
8.1 per cent, olives 2.8 per cent, citrus 30.1 per cent and grapes by 3.7 per cent.
Output of princi;eal agricultural products
(000 Tons)
1964-66 Average
Kingdom \lest Bank c'
1'
1. Wheat 224.4 67.3 30
2. Tomatoes 187.1 121.6 65
3. Other vegetables 338.5 220.0 65
4. Olives 55.8 44.6 so
5. Citrus 47.1 28.3 6o
6. Grapes 72.7 43.6 6o
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45. The West Bank's contribution in 1966 in Jordan's agricultural production was
30 per cent in terms of wheat, 65 per cent in tomatoes, 65 per cent in other
vegetables, 80 per cent in olives, 60 per cent in citrus and 60 per cent in other
fruits including grapes.
46. Agricultural output of the irrigated area constitutes 30 per cent of the total;
in spite of the fact that only 5.6 per cent of all cultivable land is under
irrigation. Therefore, the Government gave top priority to irrigation schemes, most
of which were in the Jordan Valley. Unfortunately the continuous Israeli raids for
several years after 1967 on the Valley severely damaged several hovses, farms,
roads, irrigation schemes and other installations, including the Yarmouk dam, East
Ghor Canal and other canals and laterals. Consequently, agricultural produce,
income and exports were hardly affected. The total estimated loss was
JD 55 million, or JD 97.2 million in 1975 prices.
47. The main features of the Yarmouk project included the construction of two dams
of an annual capacity of 550 MCM, main canals and a system of laterals, extending
and raising the sides of the East Ghor Canal, drainage system and erecting a
hydro-electric power plant of a capacity of 62 MW, at a total cost of JD 45 million.
This project was to irrigate over 500,000 dunums and to increase agricultural income
by JD 24 million when completed. This meant a further loss in agricultural income
in the amount of JD 47.3 million, as estimated in 1975 prices, and JD 97.2 million
caused also by Israeli raids on the Jordan Valley or a total of JD 139.5 million.
48. Furthermore, the sectoral deficit between East and West Bank after the 1967
Israeli aggression can be attributed to the flow of agricultural products from the
West to East Bank, which had a direct effect in accumulating over JD 40 million in
terms of currency held by the public in the West Bank, which would constitute a
threat to the Jordanian dinar's par value if it were to be claimed by Israel.
49. Consequently, the situation of the agricultural sector in the West Bank is in
no way to be envied owing to several intolerable measures which have been undertaken
by the Israeli authorities:
(a) Several villages were almost del'!Olished and farmers' houses vere
destroyed, leavinr; farmers homeless seekinr: refu!'"e somewhere else;
(b) The agricultural land has been decreased substantially owinry to
continuous confiscation of ar:ricultural land, vhich amounted to a total figure of
over 190,000 dun~ till 197~;
(c) The percentar;e of ar:ricultural workers to the total labour force dropped
from 35 per cent in 1966 to only 21 per cent mring to several types of pressures and
persuasion;
(d) The farmers are sufferinrr from the risinr: cost of inputs marketed mostly
in Israel and from the heavy burden of taxes, which in several cases forced the
farmers to leave their farms and to seek work sor1ewhere else~
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(e) Israeli authorities are endeavoring to introduce changes in the cropping
pattern by discouraging nroduction of competitive crops and favouring compler>entary
crops to Israeli agricultural produce;
(f) These measures led to a reduction of Hest Bank's output, income and
exports;
(g)
and 1975
raids on
The estimated accumulated loss in
is JD 232 million (see tables l to
the Jordan Valley, JD 140 million,
agricultural net income between 1967
4) and, on the account of the Israeli
or a total of JD 312 million.
B. Mining and manufacturing
50. The role of the Hest Bank in this sector was significant. Income generated out
of this sector was JD 11.3 million in 1966, of which JD 3.5 million (20 per cent)
was the contribution of the West Bank. Total industrial employment in the 1•/est
Dank was 13,850 persons or 37 per cent of the total. Industrial establishments in
the \lest Bank were 3,308 or 48 per cent of the total establishments in both Banks.
51. A cursvry analysis of industrial production during the period prior to the events
of 1967, revealed that cement production had risen fivefold between 1958 and 1966,
while the production of soap and brewing tripled, cigarettes more than doubled,
while petroleum products doubled between 1961 and 1966.
52. Again, Israeli aggression and occupation of the \'lest Bank caused the loss of
half of Jordan's markets, which was an important outlet for East Jordan's products.
Output of principal industries
May-June Change June--December Change
1966 1967 ,_, I• 1966 1967 %
l. Cement 140 131 -2 22) 152 -35.3
(000 tons)
2. Petroleum products 165 198 20 265 195 -26.4
(ooo tons)
3. Sole leather 144 133 -10 201 105 -47
(tons)
4. Upper leather lll 254 44 409 168 -59
(tons)
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53. With the exception of phosphate production (whose exports declined owing to
closure of the Suez Canal and Syrian borders), output of principal industries did
not reach the 1966 level except in late 1968 and 1969. Curtailment in the rate of
growth of production by leading industries as a result of the loss of the West Bank
markets contributed to the sharp decline in production of 59 per cent in upper
leather, 47 per cent in sole leather, 35 per cent in cement and 26 per cent in
petroleum products. This sharp decline and slackening of growth resulted in a
sluggishness in consumer spending, retail sales and production in other lines of
industry.
54. The Israeli aggression and occupation of the West Bank caused the delay in
implementing the potash project, which was scheduled to commence operation in 1968
with an initial production capacity of 500,000 tons. The total cost of the project
was JD 30.5 million to be invested throughout the plan period. Jordan's exports
would have increased by JD 5.4 million by 1970. Several other projects were
scheduled to be implemented in the manufacturing and mining sector, but
unfortw.ately were not implemented owing to occupation of the West Bank.
55. Again, Israel exerted their concerted efforts to integrate the activities of
this sector with Israel's own activities and undertook several measures in order to
isolate this sector from other sectors of the economy, among which were:
(a) Restriction of the purchase of raw materials needed by the West
Bank's industries to those produced by their own;
(b) Imposition of direct import controls;
(c) Creation of marketing problems in order to weaken this sector;
(d) Maintaining the West Bank as a consumer market and an outlet for
Israel's industrial production;
(e) Prevention of the establishment of competitive industries and
encouragement of industries complementary to their own.
56. Again the estimated accumulated loss in income generated out of this sector
between 1967 and 1975 is JD 103 million (see tables l to 4).
C. Construction
57. Jordan's generated income out of construction activity in 1966 amounted to
JD 9.3 million, of which JD 3.3 million (35 per cent) constituted the West Bank's
contribution in this sector. The area of residential and non-residential buildings
built in 1966 in Jordan totalled 314,000 square metres, of which 75,000 square metres
(24 per cent) were built in the West Bank. The rate of growth between 1959 and 1966
was 10.4 per cent per annum.
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58. Unfortunately, the Israeli occupation caused severe deterioration in this
activity to the extent that the volume of the area built for residential purposes in
1970 equalled only the volume of the area built in Nablus in 1965.
59. Noreover, Israeli occupation not only hindered the bolstering of this activity,
but also demolished a total number of 13,000 housing units up to 1974, leaving their
dwellers homeless and seeking shelter elsewhere; in many cases they were deported
to East Bank.
60. The estimated loss of income generated out of this sector is 58 million
between 1967 and 1975.
D. Electricity and water
61. Jordan's value added in this sector in 1966 totalled JD 2.3 million, of which
JD 0.7 million (31 per cent) was contributed by the vlest Bank. The installed
capacity of electric power in Jordan in 1961 was 29 NW, of which 9.4 l1W
( 32 per cent) was installed in the vi est Bank. Electricity consumption rose from
59.6 million Kwh in 1961 to 154.1 million Kwh in 1966 or at an annual rate of
growth of 21 per cent. The generated electric power in Jordan of 177 million Kwh
in 1966 dropped to 96.6 million in 1967 or a drop of 45.4 per cent.
62. Assuming the same rate of growth of 21 per cent, electricity generation would
have a global figure of 809 million Kwh in 1974 as against 213 million Kwh actually
generated in East Bank in 1974.
63. Jordan's electrification scheme was about to be implemented. The project of
JD 5-7 million involved the erection of a national grid of 132 Kv linking Zerqa,
Amman, Jerusalem, Nablus and Irbid, and construction of a steam power station of
88 NW and a hydroelectric generating plant of a capacity of 30 NW.
64. Unfortunately, Israeli occupation stood in the way of implementation.
65. Currently, Israel is exerting concerted efforts to link several cities in the
West Bank, especially in the Nablus area, with their own network, thus increasing
the reliance of the vi est Bank's needs on Israel's own power and resources.
66. The total loss in income generated out of this sector is JD 10 million
between 1967 and 1975.
E. Tourism
67. Jordan is endowed with some of the most interesting historical and religious
sites in the world. These inexhaustible natural resources in terms of Jordan's
history, geography, scenery and climate, far from depreciating with use, have
yielded attractive returns to Jordan.
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68. Tourist arrivals in Jordan increased substantially from 104,100 persons in 1959
to over 618,000 persons in 1966 (or at an annual rate of growth of 29 per cent).
Tourism income increased accordingly from JD 2.9 million in 1959 to JD 11.3 million
in 1966 (or at an annual rate of growth of 21.4 per cent).
The situation after the 1967 Israeli aggression
69. The estimated accumulated loss in tourism income is JD 453.6 million between
1967 and 1975.
70. Several hotels, touristic facilities and other development projects in the
tourism sector were scheduled to be implemented, but unfortunately Israeli
occupation stood in the way of development.
71. Israeli occupation prevented the preservation, consolidation and maintenance
of several holy places, historical and archeological sit~s.
72. The sanctity of Jerusalem, Hegron and other holy places, including mosques and
churches, were violated.
73. Israeli authorities demolished and destroyed several mosques and Christian
holy places which are part of the inheritance of all mankind.
74. Israeli authorities confiscated the Palestine Museum, Moslem Waqf property,
and a large area of land.
75. The new plan of judaization had placed 70 per cent of all Moslem properties
around the great twin Moslem mosques under Israeli possession.
76. Israeli acts of oppression extended to Arab people.' s rights, freedom,
existence and development, which are subject to slow suffocation.
F. Trade
77. Income generated out of this sector was JD 28.9 million in 1966, of which
JD 13.0 million (45 per cent) represented the contribution of the \-lest Bank. Total
business concerns in the West Bank were 6,118 establishments in 1966 or 53 per cent
of the total number of establishments in Jordan. The labour force engaged in this
sector in the West Bank were 12,028 persons or 44 per cent of the total.
78. The West Bank accounted for 64 per cent of Jordan's exports of goods and
serv~ces and one half of its imports of goods and services.
The situation after 1967 Israeli aggression
79. The estimated accumulated loss in terms of exports of goods and non-factor
services is JD 525 million between 1967 and 1975 and, in terms of imports of goods
and non-factor services, is JD 545 million.
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80. Jordan's loss in capital inflow is estimated at JD 639 million.
81. The estimated accumulated loss in net factor income from abroad is
J1) 114 million.
82. In the West Bank, the export/import ratio was 43 per cent, the i~~orts
aggregate demand ratio 38 per cent and imports total consumption 54 per cent.
83. Israel authorities undertook several measures to threaten the development of
this sector by demonstrating the following policy:
(a) It subjected Arabs to Israeli lmrs and refl:\lletions and abrogated all
Jordanian lmrs previously applied;
(b) It imposed heavier taxes and municinal fees causinfl: undue hardshin and
additional financial burdens;
(c) It sub,jected inhabitants to heavier rates of income tax thus burdenin~>:
them with further material losses to those already sustained in conse~uence of
the occupation;
(d) It erected customs barriers between cities and collected excise duties
on all imported goods from other cities within the Fest Bank;
(e) It imposed customs and duties accordin~>: to Israeli laws, includin~ goods
already in stock which were imported even before June 1967, bearing in mind that
per capita GNP in the Fest Bank is only one fifth of Israel's;
(f) It refused to recognize Jordanian licence permits and exerted further
economic pressures, especially on travel offices and their agents.
84. Again the estimated accumulated loss in income generated out of this sector
is J1) 239 million between 1967 and 1975.
G. Transport and communications
85. The role of the West Bank in the transport sector was significant. The West
Bank accounted for 50 per cent of Jordan's generated income of the transport sector,
36 per cent of the total labour force engaged in the transport sector and 65
per cent of total transport facilities.
86. Unfortunately, works on several roads had to be halted owing to the occupation
of the West Bank. Among these roads were the Ramtlla-Amman-Jerusalem road, the
Hebron-Jerusalem-Nablus road and the Hebron-Dead Sea road. Also the work for the
improvement of the Jerusalem Airport was stopped.
87. Currently, only heavy-vehicle movements under strict control can be carried out
between East and West Banks through the reopened bridges. This situation led to the
segregation of transport activities, which have been transformed into the Israeli
econcmyo
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88. The estimated accumulated loss in income generated out of the transport sector
is JD 117.6 million between 1967 and 1975 (see tables 1 to 4).
89. In communications, the work in improving the telecommunication networks and
installing the microwave system of JD 2.4 million between Jerusalem and Amman were
halted. Implementation of several other projects in telecommunications, such as
automatic exchanges and carrier units, had to be stopped.
90. These and several other projects were financed out of foreign loans, which had
to be repaid, including interest by the Government of Jordan, thus honouring the
amounts of the loans withdrawn.
VII. Summary and conclusion
91. The Israeli aggression of 1967 and the Israeli occupation of the vlest Bank and
its after~ath have precipitated far-reaching adverse effects on Jordan's
socio-economic set-up, economic development and performance.
92. The Israeli aggression resulted in massive population displacement of over
414,000 to East Bank; created pressures on the budget, labour market and urban
infrastructure; caused an unfavourable effect on business confidence and the
entrepreneurial climate; hampered development; suspended the implementation of the
Seven-Year Plan; and caused financial imbalances and balance-of-payment pressures.
93. In violating the cease-fire orders taken by the Security Council in 1967,
Israel continued its daily raids on the Jordan Valley for several years, thus
causing severe damage to irrigation schemes, infrastructural facilities, farms,
agricultural produce, houses and other installations and structures in the area,
which culminated in a total loss of JD 140 million.
94. In the Hest Bank, Israeli authorities confiscated over 190,000 dunums of
agricultural land, demolished over 13,000 houses, entire villages, whole quarters
in the city of Jerusalem, several mosques, schools and markets. The property of
absentee Arab landlords was placed under Israeli custodianship - a preliminary
step towards complete confiscation.
95. Moreover, the sanctity of the holy places was violated. The Israelis violated
the sanctity of the two great twin mosques (the Dome of the Rock and Al-Aqsa
Mosques), the holy sepulchre, Al-Ibrahimi Mosque, the nativity and several other
mosques and churches.
96. The Israeli oppression, aggression and intolerable acts extended to Arabs'
rights, freedom, existence and development, and subjected them to slow suffocation.
Over 1,500 persons were deported, 19,000 persons were committed to prison, over
6,000 persons were either forced or were tempted to migrate to the Western
Hemisphere and several thousands were tortured, humiliated, dragged and forced to
be homeless, unsheltered and without any means of survival.
97. In addition, Arab economic resources in the West Bank were shifted to Israel;
the Arab labour force was bled, thus choking economic growth potentials and causing
severe reduction in the agricultural and the industrial output of the West Bank.
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98. Inhumane acts of aggression were envisaged in the construction of physical
barriers and customs barriers between cities, which restricted passage throughout
the West Bank. Israel subjected Arabs to heavy income tax, high rates of customs
and excise duties, municipal fees and a host of other intolerable measures, thus
causing undue hardship to farmers, landlords, real estate owners, businessmen and
industrialists, who were forced to leave their farms and business concerns seeking
some other means of survival.
99. It is quite clear from the above that Israel had and still is violating,
ignoring and neglecting the Charte;:- of the United Nations, the Universal
Declaration of Human Rights, the basic principles of justice, che Geneva Convention,
a whole series of resolutions adopted by the General Assembly and the Security
Council, the stipulations of international law and international conventions
governing the state of war and the treatment of civilians in occupied territories.
100. The influence of the adverse effects of the Israeli occupation on Jordon's
economy can be felt in the following:
(a) The loss of the liest Bank, 6.2 per cent of total area of Jordan,
25 per cent of its cultivatable area, half of its markets, 48 per cent of the
industrial establishments and 53 per cent of the business concerns;
(b) Jordan was deprived of 45 per cent of its economic resources, 43 per cent
of its GNP, 2fO per cent of its GDP, 40 per cent of total income generated in the
primary sector, 31.2 per cent in the secondary sector and 42.6 per cent in the
tertiary sector;
(c) To put it in a different perspective, Jordan's material loss can be
summarized as follows:
(i) The estimated loss in total economic resources is JD 2.2 thousand million,
of which:
a. The loss in GNP is JD 1.6 thousand million;
b. The loss in exports of goods and non-factor services is
JD 0.5 thousand million;
c. The loss in net factor income from abroad is JD 114 million.
(ii) In other words, the estimated loss in gross domestic income generated
within the economy is JD 1.1 thousand million of which:
a. The loss in the primary sector, including damages sustained
in the Jordan Valley, is JD 0.4 thousand million;
b. The loss in the secondary sector is JD 0.2 thousand million;
c. The loss in the tertiary sector is JD O.T thousand million.
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1.
2.
3·
4.
5.
6.
..___
-Ta-ble- 1
Projected gross national product o£ Jordan 1967-1975
(at 1975 prices)
(In millions of Jordanian dinars)
1966 1967 1\)68 1969 1910 1971 1972 19'B 1974 1975 Total Growth ra te.s
(1959-66)
ner cent
Gross national product (MP) 185.78 416.,7 451.8o 500.90 533· 55 574.68 632.83 69o.17 753·98 824.78 5 379.o6. 17.2
Gross domestic product (MP) 170.63 38o.8o 411.41 455.03 481.47 515.~ 565.66 613.91 667.38 726.44 4 817.63 16.8
(a) Gross domestic product 149.74 3}2.29 356.90 ,9,.76 412.64 438.19 . 478.76 516.29 557·69 6o}.19 4 Q90. 7l 16.2
(b) Indirect taxes 20.89 48.51 54.51 61.27 68.83 77.34 86.90 97.62 109.69 123.25 727-92 21.8
Consumption 188.78 415.34 441.81 469.86 499.22 530.17 562.67 596.61 632.26 669.44 4 817.38 15.5
Gross capital formation 26.}9 59.84 65.62 72.00 78.95 86.60 94.99 1o4.16 114.25 125.32 Bol.73 18.9
Resources gap -44.52 -94.}8 -96.03 -86.82 -96.70 -101.23 -92.06 -86.86 -79.14 -68.32 -8oL54 12.8
(a) Imports of G and NFS -76.6o 170.18 182.87 196.56 211..21 226.99 243.96 262.13 281. 'B 302.78 2 078.41 16.5
(b ) Exports of G and NFS 32.o6 75.80 86.84 109.74 114.51 125.76 151.90 175.27 202.59 234.46 1 216.87 23.2
Net factor income from abroad 15.15 35.57 40.39 45.87 52.o8 59.15 67.17 76.26 86.60 98.34 561.43 23.1
- ' ---- - ---- --- -
~: For 1966! Department of Statistics.
Notes: !/ 1967-1975 figures were computed by the National Planning Council according to the 1959-1966 trend plus a 7.8 per cent rise in prices
and adjusted accord!~ to 1975 prices.
~/ Exports o£ goods and non-f~ctor services were computed as follows:
(a) Exports of goods were computed according to the 1959-1966 trend of 17.3 per cent plus a 7.8 per cent rise in prices and adjusted
according to 1975 prices;
(b) Travel income was computed according to the 1959-1966 trend of 21.4 per cent plus ~ 7,8 per cent rise in prices and adjusted
according to 1975 prices;
(c) Other services receipts were computed at the 1959-1966 trend of g.4 per cent plus a 7.8 per cent rise in prices and adjusted
according to 1975 prices.
d) GNP and GDP figures were slightly adjusted in accordance with the f'indings of' exports of' goods and non-f'actor services.
~ In all computations, 1g66 figures were taken aa a base year.
---
~"" 1~l "~i l'...~..
i'Drtll--'0
f\) ~ ~· .!8
1--"<:::J'o
l.
2.
3.
4.
5·
6.
-
Gross national product (MP)
Gross domestic product (MP)
(a) Gross domestic product
(b) Indirect taxes
Consumption
Gross capital formation
Resources gap
(a) !mports of G and NFS
(b) Exports of G and NFS
Net factor income from abroad
~: Department of Statistics.
~
Gross national product_o~ ~~t Bank (1967-1975) at 1975 prices
(In millions of Jordanian dinars)
1967 1968 1969 1970 1971 I 1972 1973 I 1W4 ! 19751 Total
! !
329-91 290.23 318.11 .272.45 274.82 276.46 283.18 336.o4 I 36o.oo I 2 74L2o
308.93 272.65 295.39 252.99 256.87 258.62 256.15 300.27 322.00 2 523.87
276.51 240.99 261.31 223.05 229.25 228.04 222.07 263.41 285.00 2 229.63
32.42 31.66 34.08 29-94 27.62 30.58 34.08 36.86 37.00 294.24
303.21 290.24 314.86 263.47 263.77 263.72 250.28 284.01 304.00 2 537.56
43.86 45.73 51.94 34.43 49.72 53.51 58.75 80.22 87 .oo 505.16
-38.14 -63.33 -71.41 -44.91 -56.62 -58.60 -52.88 -63.96 -69.00 -518.85
91.54 112.58 123.35 92.81 93.91 105.74 111.63 148.51 179.00 1 059.07
53.40 49.25 51.94 47.90 37.29 47.14 58.75 84.55 110.00 540.22
20.98 17.58 22.72 19.46 17.95 n.84 27.03 35.77 38.00 217.33
~: Figures shown are at market prices and adjusted according to 1975 prices.
Growth rates actual
(1967-1975)
per cent
9.6
9.0
8.8
10.2
8.4
18.5
17-9
_l8.6
16.8
"'!r!l'<:. &:~[Jll-'
I'Ditll--'0 M ..,.N
"fi' .)<;":T"O'
1.
2.
3·
4.
5·
6.
Gross national product (MP)
Gross domestic product {MP}
(a) Gross domestic product
(b) Indirect taxes
Consumption
Gross capital formation
Resources gap
(a) Imports of G and NFS
(b) Exports of G and NFS
Net factor income from abroad
·-
Table 3
Gross national product of the West Bank at 1975 prices {1968-1975)
(In millions of Jordanian dinars)
1968 1969 1970 1971 1972 1973
82.00 73.50 71.40 78.20 108.50 112.90
80.60 65.90 61.70 63.00 83.00 82.70
75.00 60.50 56.20 56.90 77.10 76.50
5.60 5.40 5.50 6.10 5.90 6.20
96.40 81.50 78.70 75.80 95.80 92.80
5.90 6.70 7.70 9.20 15.90 19.60
-21.70 -22.30 -24.70 -22.00 -28.70 -29.80
51.50 42.80 40.90 39.60 52.50 51.30
29.80 20.50 16.20 17.60 23.80 21.50
1.40 7.6o 9.70 15.20 25.50 30.20
1974
124.40
88.90
82.20
6.70
95.30
25.90
-32.20
52.90
20.70
35.50
'---··
~: Central Bureau of Statistics, Israel for 1968-1972.
Growth rates
1975 Total (1968-1972)
per cent
358.70 1 009.60 34.8
253.50 779.30 26.6
234.20 718.60 26.6
19.30 60.70 34.3
255.50 871.80 25.5.
89.10 180.00 61.0
-91.10 -272.50
143.00 474.50 26.3
51.90 202.00 17.5
105.20 230.30
~: !) 1973-1975 figures were computed according to the 1968-1972 trend at market prices prevailing in Israel and adjusted according to
1975 prices.
2/ Consumer price index and Israel's official exchange rates were obtained from the International MOnetary Fund (International Financial
- Statistics, vo1, 26, No. 11, November 1973; and vo1. 28, No. 6, June 1975).
11 Consumer price index of Israel for 1968-1975 were (1967 = 100): 102.0, 104.5, 110.9, 124.2, 140.2 1 168.1, 235.0 and 305.6.
4/ Exchange rates of Israel's pound/JD per (1967-1970) were 10, for 1971, 1972 were 12, 1973 were 12.8 and for 1974, 1975 were 19.2 pounds
- per 1 Jordanian dinar.
"i;"!l'l: :t::s~f-1
<DCII-'0
Nx~~
w<P'o
'"Ui!:'t<:l>-
~ s o5l ";:;
111!111-'0
/\) ~ :;;·~
~<l:J'o
Table 4
Jordan 1 s loss in Bank)
(In millions of Jordanian dinars)
1967 1968 1969 1970 1971 1972 1973 1974 1975 Total
L Gross n~tional product (MP) 86.46 8o.17 109.01 189.70 221.66 248.79 283.73 293.54 115.08 1 618.20
2. Gross domestic product (MP) 71.87 58.76 93.46 166.78 195.66 223.96 264.70 278.21 159.94 1 504.4o
(a) Gross domestic product {FC) 55.78 41.51 71.67 133.39 152.o4 173.54 207.36 212.08 92.89 1 131.42
(b) Indirect taxes 16.09 17.25 21.79 33.39 43.62 50.42 57.34 66.13 67.05 372.98
3. Consumption 112.13 55.17 73.50 257.05 190.60 197.15 253.53 252.95 109.94 1 408.02
4. Gross capital formation 15.98 13.99 14.36 36.82 27.68 25.58 26.19 8.13 51.22 116.57
5. Resources gap -56.24 -11.00 +6.91 -27.09 -22.61 -4.76 -14.18 +17.02 +91.78 -20.19
(a) Imports of G and NFS 78.64 18.79 30.41 '1'T .50 93.48 85.72 99.20 8o.32 -19.22 544.84
(b) Exports of G and NFB I 22.40 7.79 37.30 50.41 70.87 80.96 85.02 97.34 72.56 524.65
6. Net factor income from abroad 14.59 21.1n 15.55 22.92 26.00 24.83 19.03 15.33 -44.86 113.80
Note: Figures shown in the table above are table 1 minus the sum total of tables 2 plus 3.
:--
Table 5
Jordan's loss in tourism income
(In millions of Jordanian dinars)
Projected Actual
Market prices 1975 prices Market prices 1975 prices
1967 14.55 27.47 6.79 12.95
1968 18.80 33.07 4.60 8.09
1969 24.29 39.42 4.53 7-35
1970 31.38 46.98 4.85 7.26
1971 40.54 55.99 6.35 8.77
1972 52.38 66.73 8.30 10.57
1973 67.67 79.51 10.71 12.58
1974 87.43 94.77 17.29 18.74
1975 112.96 112.96 17 .oo 17.00
556.90 103.31
Source: Department of Statistics and Central Bank.
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Loss
1975 prices
14.52
24.98
32.07
39.72
47.22
56.16
66.93
76.03
95.96
453.59
Note: 1966 considered as base year of JD 11.26 million as tourism income.
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Table 6
Cost-of-living index of Amman
Cyclical Spliced
Deflator Used
1966 = 100 1967 = 100
1967 104.1 100.0
1968 103.8 99-7
1969 111.9 107.5
1970 119.5 114.8
1971 124.6 119.7
1972 134.7 129.4
1973 148.8 142.9
1974 178.5 171.5
1975 197.2 190.1
Source: Department of Statistics.
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Table 7
Israel's consumer price index and the pound's exchange rates
(1967-1975)
Deflator used Exchange rates
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1966=100 1967=100 Pound/Dollar Pound/Jordanian Dinar
1967 101.7 100.0 3.5 10.0
1968 103.3 102.0 3.5 10.0
1969 106.3 104.5 3-5 10.0
1970 112.8 110.9 3-5 10.0
1971 126.4 134.2 4.2 12.0
1972 142.6 140.2 4.2 12.0
1973 171.0 168.1 4.2 12.8
1974 239.0 235.0 6.0 19.0
1975 310.8 305.6 6.0 19.2
Source: International Monetary Fund, International Financial Statistics,
vol. 26, No. 11, November 1973; and vol. 28, No. 6, June 1975.
I . ..
ANNEX VI
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Letter dated 19 March 1975 from the Secretary-General to the heads of the
United Nations Conference on Trade and Development, the United Nations
Industrial Development Organization, the International Labour Organisation,
the Food and Agriculture Organization of the United Nations, the United
Nations Educational, Scientific and Cultural Organization and the
International Bank for Reconstruction and Development
{Original: Englis!J
I am writing to you in connexion with General Assembly resolution 3336 (XXIX),
paragraph 5 of which reads as follows:
"Requests the Secretary-General, with the assistance of the relevant
specialized agencies and United Nations organs, including the United Nations
Conference on Trade and Development, to prepare a report on thP adverse
economic effects on the Arab States and peoples, resulting from repeated
Israeli aggression and continued occupation of their territories, to be
submitted to the General Assembly at its thirtieth session. 11
Since information concerning economic matters which is normally available
to the United Nations Secretariat is not adequate to enable me to prepare the
report requested by the General Assembly, a note verbale has been sent to the
permanent representatives of Egypt, Jordan, Israel, Syrian Arab Republic and
Lebanon inviting them to provide me with information available to them which they
consider to be relevant to the subject matter of the report requested by the
General Assembly.
In line with the above-cited paragraph of resolution 3336 (XXIX) I am inviting
you to supply me with any information which you may have which is directly related
to the subject matter of the report requested by the General Assembly.
I should be most grateful if you could send me any material you may have
before 1 July 1975, in order that the requested report may be submitted to the
General Assembly before the opening of its thirtieth session.
(Signed) Kurt WALDHEII1
Secretary-General
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ANNEX VII
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Letters dated 2 lla,v and 26 August 1975 from the Director-i';eneral of the
International Labour Office addressed to the Secretary-General
A. Letter of 2 !!ay 1975
[Original: Englisg7
In your letter of 19 March 1975, you requested me to send you, by 1 July 1975,
any information I might have which is directly related to the question of "the
adverse economic effects on the Arab States and peoples, resulting from repeated
Israeli aggression and continued occupation of their territories", on which you are
requested, by General Assembly resolution 3336 (XXIX), to submit, with the
assistance of the relevant specialized agencies, a report to the General Assembly
at its thirtieth session.
As I understand the question, it relates essentially to the economic aspects
of the situation, such as industrial and agricultural production, use of natural
resources, international trade and allied subjects, which are not primarily within
the competence of the ILO, and therefore there is no directly relevant,
authoritative information available to the ILO which would be of assistance in the
preparation of your report.
However, there have been, within the ILO, several developments regarding
aspects of the situation referred to in General Assembly resolution 3336 (XXIX)
which fall within its competence and which I should bring to your attention, if
only to help you build up a complete picture of the handling of the various aspects
of the situation in the components of the United Nations system.
At its fifty-ninth session in June 1974, the International Labour Conference
adopted a resolution concerning the "Policy of discrimination, racism and
violation of trade union freedoms and rights practised by the Israeli authorities
in Palestine and in the other Arab territories", a copy of which is ~ucloseU.
(see appendix III below). ·
At its l94th session in November 1974, the Governing Body took the following
decision in regard to the resolution:
"The Governing Body instructs the Director-General:
"(l) To communicate the resolution to the Israeli authorities;
"(2) To ensure for the regions concerned by the resolution, as far as
possible in the languages of the country, the widest dissemination
of ILO documents concerning the exercise of civil liberties and trade
union rights;
"(3) To submit to the Governing Body at its next session a report and
proposals concerning the implementation of the operative part of the
resolution;
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" ( 4) To keep the Conf'erence inf'ormed of the measures taken in application
of' the resolution."
In communicating the resolution to the Government of Israel in November 1974,
I also drew the Government's attention to the operative paragraphs of' the
resolution. Early in 1975, I sent the Governments, international intergovernmental
organizations and employers' and workers' organizations of' the regions concerned,
in addition to the text of the resolution, copies of' a document issued in Arabic,
English and French setting f'orth the principles and standards of the ILO on the
subject of the exercise of' civil liberties and trade union rights and ref'erring
in particular to the ILO standards on freedom of association, the elimination of
discrimination in employment and the abolition of forced labour. A copy of' this
document is also attached (see appendix II below). I specif'ied that these
documents were being dispatched with a view to their dissemination in the regions
ref'erred to in the Governing Body's decision mentioned above.
Reporting to the Governing Body at its 195th session in March 1975, in
accordance with point (3) in that decision, I stated that I would keep the
situation under review in the light of' inf'ormation I might receive and would
consider what action might be required. I would bear in mind the possibility of
sending a representative to the area to obtain the necessary inf'ormation, should
such a mission appear desirable. I would report to the Governing Body at an
early session. The Governing Body took note of' the measures taken or contemplated
and instructed me to pursue such action along the lines indicated.
I should add that, on 7 October 1974, I had received a communication from
the Government of Israel requesting that a special survey of' the situation of
Arab workers in the territories administered by Israel as regards allegations of
discrimination in the f'ield of employment be made as rapidly as possible by an
independent expert to be appointed in accordance with established procedures f'or
conducting such survey. The document by which this request was brou"'ht to the
attention of the Governing Body (GB.l94/23/42) is attached (see appendix I below).
At its 195th session in March 1975, the Governing Body agreed that it should be lef't
to the Director-General and to its of'f'icers to consider what ef'f'ect should be
given to the request made by the Government of' Israel.
I shall not f'ail to keep you informed of any f'urther developments.
(Signed) Francis BLANCHARD
Director-General
I . ..
INTERNATIONAL LABOUR OFFICE
BUREAU INTERNATIONAL DU TRAVAIL
OFICINA INTERNACIONAL DEL TRABAJO
GOVERNING BODY
CONSEIL D'ADMINISTRATIDN
CONSEJO DE ADMINISTRACION
APPENDIX I
·:rwenty-third Item on the Age:1.da
REPORT OF TRE DIRECTOR-GENERAL
Tenth Supplementary Report
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GD.l94/23/42
194 t~'l Scssio~
Genev:a,
l?-15 l\ovember 1974
Re uest Made b the Government of Israel for a Snecial
Surve o e arr1e a ~n e 1 o er aln e a ions
re a 1ng o 1scrlm1na 10n 1n e 1e o mp oymen ...
1. On 7 October 1974 the Director-General received a co~~unlcation from the
Government of Israel requesting that a special survey of the s_i tuabon of Arab
workers in the territories administered by Israel as regards allegations of discrj_
mination in the field of em-ployment be made as rapidly as possJble by an independent
expert to be appointed. in accordance with the procedure aprJroved by the
Governing Body at its 19lst (November 1973) Session.
2. The Governing Body will recall that at its 188th Session (November 1972)
it had given its endorsement to an innovation in the ILO's programme of practical
action for the elimination of d.iscrimination in employment, consisting of the
possibility of carrying out special surveys of the situatior_ and problems of a
country, with a view to making an impartial evaluation of the facts, providing the
goverrunent with tecP..nical aid to clarify uncertain or disputed situations and overcoming
the difficulties e~countered. Subsequently, at its 19lst (November 1973)
Session the Governing Body had approved a procedure for the examination of requests
for the carrying out of such special surveys. The details of this procedure are
set out in the Appendix tc the present papeT. It e~trusts the Director-General
with "examining the effect to be given to any request for a special survey submitted
by a member Sta+;e · ... and to settle the arrangements for carrying it out in agreement
with the government''·
3. The Director-General has consulted the Officers of the Governing Body on
the follow-up to be given to the req_uest made by the Govermnent o_f Israel. ·rhe
Officers have considered that the survey requested falls within the fra~ework of
the system of special surveys approved by the Governing BoOy, that the request is
receivable under the procedure laid down, and that the Director-General should, in
accordance with that procedure, make the necessary arrangc~ents for the carrying out
of the survey in quest.L on.
4. The Director-General is currently considering
necessary for the carrying out of the special survey.
kept fully informed of all further developments.
the practical arrangements
The Governing Body will be
Geneva, l2 ?Jovember 1974.
/ ...
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APrFNDIX
l)rocedure for the Examinatl on of H.eguests for
u,-,D'2clai ~urvc sh on .:.l tuat1ons CoEnected with
the ~llmina 1on o lSCrlmlna 1on 1n t,mp oymen
1. At icf l9lst Session (November 1973) the Governing Body adopted a procedure
[ r the exami:r.ation of' requests for "special surveys" which governments or organisa-:.
ons of employers or vrorkcrs may submit on questions concerning the elimination of
d scrimi:r.ation in employment.
2. The :possi-oility of -u.ndertaking such 11specia1 surveys 11 with a view to
evaluating facts and seeking soLtttons in certain situations was provided for by
the Gove~ning 3ody at its 183th Session (November 1972), on the proposal of its
Committee on Discrimination.
3. It '.vas lllderstood that S:.J.ch special surveys might be based on criteria
such as those laid down in the Discrimination (Employment and Occupation) Convention,
1958 (:iTo. lll). However, this possibility is more general in scope and is not
limited to countries whic::t have ratified the Convention.
4. '.::'he questions raised should concern the situation of grOU:tJS of
defined, for example, according to race, religion, national extraction,
origin, membership of a minority grou}J, sex or age, but should not deal
individual cases unrelated to broader issues of poJ.icy.
people
social
with
I
5. 'rhe Director-General was entrusted with "examining the effect to be given
to any :reg_ueet for a special survey submitted by a member State, or a workers 1 or
employers' organisation, on specific questions of concern to them, and, if the
governme~t concerned agreed to such a survey, to settle the arrangements for carrying
it out in agreement with the governmcnt11 •
6. Provisior. is thus made fo:r> two different types of cases: those in which
t;,., request is directly submitted by the government of a member State in connection
•,vi th questions arisine i:r_ its own country, and those in which the request comes
from an employers 1 or workers' organisation or another member State.
:(eguests Submitted bv the Government
·:::once-rnea
7. The examination :Jf ths effect to be given to a request made in these circwnstaYlces
raises no S])ecial procedural problems. The request may, for exa-niJle, be
aimed at obtaining a form of technical co-operation on questions of evaluation or
method in this f'ield. In addition, recourse to outside observers, whose action
would have an objective ar:.d impartial characte~, can help a government to overcome
difficulties arising inside the country in connection with certain questions. In
other circum.stances, a eovernrnent may wish to clear u-p certair. doubts to which its
action in this field may have given rise at the interna0tonal level. ·A special
S'.lrvey on the national situation can in particular helr; a government to reach more
precise conclusions regarding uncertainties which may have prevented it from ratifying
the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The
Governing Bcdy felt that this possibility should b~ drawn to the special attention
of governments.
Reauests Submitted by an Employers,. ur
)orkers 1 Drganlsailon or by Another Government
8. Receivability of reguests. As regards requests submitted by employers 1
or workers' organlsaflons, the Governing Body laid down principles similar to those
whlch apply lTI regard to freedom of association: tbc request must come either from
/ ...
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a national organisation directly concerned, or from international organisations
having consultative status with ILO, or from other international or regional
employers' or workers' organisations, provided the questions raised directly concern
organisations affiliated to them.
9. In the ·case of a request submitted by the government of a member State in
connection with Questions arising in ~~other countrl, the receivability of the
request 1s strictly governed by the condlflon.that he request must relate to
''specific questions of concern to it". This presupposes a sufficiently close link
between the interests of that government and the questions raised; the Governing
Body considered that this could be the case, for exam~le, when such questions
concerned the situation of its own nationals working in another country.
10. Communications with the authors of requests. The Director-General may,
if necessary, ask the authors o± requests to prov1de further details on the s~ecific
questions which they propose to raise and to communicate additional information
·.vi thin a specified time-limit.
11. cvernment of the countr r in re ard to which the
survey wou e regues e . .._ e 1rec or- enera Wl ln arm e goverrunen concerned
as soon as poss1ble of any receivable and substantiated request, and will request the
goverv~ent to communicate within an appropriate time-limit its observations on this
question and its views concerning the ~ossibility of carrying out a special survey
under the auspices of the ILO on the questions raised.
12. In cases where the government requests or accepts such a survey, th~
Director-General will settle the arrangements for carrying it out in agreement with
the government, subject to the necessary safeguards, in particular as regards the
consultation of employers 1 and workers' circles concerned.
13. Bod' Committee on Discrimination. The Director-
General wi r0por o e omrni ee on reques s rece1ve , rep 1es from governments,
special surveys 1mdertaken or planned and on cases in which surveys could not be
organiSed, including cases in which they have been refused or no replies have been
communicated within a reasonable time-limit. The Committee will, as necessary, be
called upon re~Jlarly to make such recommendations as it deems appropriate on such
questions.
14. artici ate in s ecial surve s.
The Director- enera was en ruste Wl examining e possl l l ty o raw1ng up a
list of experts and persons of acknowledged competence, selected from the different
regions of the world, whose services could be called upon in appropriate cases. It
was further understood that, depending on the circumstances, surveys could also be
carried out directly by the International Labour Office.
15. The Governing .Body considered that the guidelines set out above should be
applied on an experimental basis, on the understanding that they could be re-examined
or redefined at a later stage in the light of their practical application.
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APPENDIX II
International Labour Organisation
The Exercise of Civil Liberties
and Trade Union Rights
International Labour Office
Geneva
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INTERNATIONAL LABOUR ORGANISATION
The Exercise of Civil Liberties
and Trade Union Rights
1. The International Labour Organisation has adopted various
instruments concerning fundamental human rights, in~luding the
exercise of civil liberties and trade union rights.
2. Certain principles relating to these matters are to be
found already among the constitutional provisions of the ILO.
Constitutional Principles
3. The Constitution of the International Labour Organisation
affirms that nuniversal and lasting peace can be established onl:r
if it is based on social justice".
4. The Declaration of Philadephia, which is an integral part
of the Constitution, affirms that "all human beings, irrespective
of race, creed or sex, have the right to p"rsue both t.'"1eir m'l .... ,erial
well-being and their spiritual development in conditions of freedom
and dignity, of economic security and equal opportlllli ty11 •
5. It proclaims:
labour is not a commodity;
freedom of expression and of association are essential to
sustained progress;
poverty anywhere constitutes a danger to prosperity everywhere·;
the war against want requires to be carried on with unrelenting
vigour within each nation, and by continuous and concerted
international effort in which the representatives of workers
and employers, enjoying equal status with those of governments,
join with "'.:hem in free discussion and democratic
decision with a view to the promotion of the common welfare.
6. It recognises the solemn obligation of the Internatio~al
Labour Organisation to further among the nations of the world programmes
which will achieve the effective recognition of the right
of collective bargaining, the co-operation of management and labour
in the continuous improvement of productive efficiency, and the
collaboration of workers and employers in the preparation and
application of social and economic measures •
•
• •
?. The International Labour Conference has adopted various
Conventions, Recommendations and resolutions aimed at giving effect
to these constitutional principles.
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Freedom of Association and Civil Rights
8. The two principal instruments adopted by the International
Labour Conference in the field of freedom of association are the
Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) and the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98). Convention No. 87 has been
ratified by 80 States and Convention No. 98 by 95 States,l
9. The Freedom of Association and Protection of the Ri ht to
Or anise Convention l 48 No. 8 , provides that:
workers and employers, without distinction whatsoever, shall
have the right to establish and, subject only to the rules of
the organisation concerned, to join organisations of their
own choosing without previous authorisation (Article 2);
workers' and employers' organisations shall have the right to
draw up their constitutions and rules, to elect their representatives
in full freedoro1 to organise their administration
and activities and to formulate their programmes; the public
authorities shall refrain from any interference which would
restrict this right or impede the lawful exercise thereof
(Article 3);
workers' and employers' organisations shall not be liable to
be dissolved or suspended by administrative authority
(Article 4);
workers' and employers' organisations shall have the right to
establish and join federations and confederations and any
such organisation, federation or confederation shall have
the right to affiliate with international organisations of
workers and employers (Article 5); the guarantees mentioned
above (Articles 2, 3 and 4) apply also to federations and
confederations (Article 6)j
the acquisition of legal personality by workers' and employers'
organisations, federations and confederations shall not be
made subject to conditions of such a character as to restrict
the application of the provisions of Articles 2, 3 and 4 of
the Convention (Article 7);
in exercising the rights provided for in the Convention workers
and employers and their respective organisations, like other
persons or organised collectivities, shall respect the law
of the land, but the law of the land shall not be such as to
impair, nor shall it be so applied as to impair, the
guarantees provided for in the Convention {Article 8);
the term 11 organisation11 employed in the Convention means any
organisation of workers or of employers for furthering and
defending the interests of workers or of employers
(Article 10).
10. The Right to Organise and COllective Bargaining Convention.
194Y {No. 98) 1 provides that:
1 See appended chart.
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workers shall enjoy adequate protection against acts of antiunion
discrimination in respect of their employment and such
protection shall apply more particularly in respect of acts
calculated to:
(a) make the employment of a worker subject to the condition
that he shall not join a union or shall relinquish trade
union membership; and
(b) cause the dismissal of or otherwise prejudice a worker
by reason of union membership or because of participation
in union activities outside working hours or, with the
consent of the employer, within working hours
(Article 1);
workers' and employers' organisations shall enjoy adequate protection
against any acts of interference by each other or
each other 1 s agents or members in their establishment,
functioning or administration (Article 2) ;
machinery appropriate to national conditions shall be established,
where necessary, for the purpose of ensuring respect
for the right to organise (Article 3);
measures appropriate to national conditions shall be taken, where
necessary, to encourage and promote the full development and
utilisation of machinery for voluntary negotiation between
employers or employers' organisations and workers• organisations,
with a view to the regulation of terms and conditions
of employment by means of collective agreements (Article 4).
11. The International Labour Conference adopted in 1970 a
resolution concerning trade union rights and their relation to
civil liberties! in which it recognises that the rights conferred
upon workers' and employers' organisations must be based on respect
for those civil liberties which have been enunciated in particular
in the Universal Declaration of Human Rights and in the International
Covenants on Civil and Political Rights and that the absence of these
civil liberties removes all meaning from the concept of trade union
rights,
12. In this resolution the Conference places special emphasis
on the following civil liberties, as defined in the Universal
Declaration of Human Rights, which are essential for the normal
exercise o~ trade union rights:
the right to freedom and security of person and freedom from
arbitrary arrest and detention;
freedom of opinion and expression and in particular freedom to
hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless
of frontiers;
1 ILO: Record of Proceedings, International Labour Conference,
54th Session, Geneva, 1970, p. 733.
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freedom of assembly;
the right to a fair trial by an independent and impartial
tribunal; and
the right to protection of the property of trade union organisations.
13. In this resolution the Conference expressed its deep concern
about, and condemns the repeated violations cf, trade union
rights and other human rights.
14. The Conference also called upon all member States which
have not done so to ratify and apply the United Nations Covenants
on CiVil and Political Rights and on Economic, Social and Cultural
Rights and invited the United Nations also to seek this.
15. The Conference also invited the Governing Body to pursue
energetically the efforts of the ILO with a view to total decolcnisation
along the lines of the Declaration adopted on this subject by
the United Nations. It furthermore invited the Governing Body to
extend and expand its efforts to eliminate the discriminatory
practices on the basis of race, colour, sex, religion, nationality,
political and trade union opinion which still exist in several
countries, including countries and territories under a colonial
regime or foreign domination in any form.
16. The Conference moreover reaffirmed its belief in the
principles which inspired the Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87), and the Right
to Organise and Collective Bargaining Convention, 1949 (No. 98) and
strongly urged that all member States which have not already done
so ratify these Conventions and, pending ratification, that they
ensure that the principles embodied in these Conventions are observed
and that they respect the principles enshrined in these Conventions
in the enactment of their national legislation.
Abolition of Forced Labour
17. The two basic texts concerning forced labour are the
Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced
Labour Convention, 1957 (No. 105).
18. Conventions1Nos. 29 and 105 have been ratified respectively
by 107 and 91 States.
19. Convention No. 29 provides for the suppression, within the
s~ortest possible period, of the use of forced or compulsory labour
in all its forms, i.e. all work or service which is exacted from
any person under the menace of any penalty and for which the 'said
person has not offered himself voluntarily.
1 See appended chart.
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20. Convention No. 105 prohibits recourse to any form of
forced labour: as a means of political coercion or education or as
a punishment for holding or expressing political views or views
ideologically opposed to the established political, social or
economic system; as a method of mobilising and using labour for
purposes of economic development; as a means of labour discipline;
as a punishment for having participated in strikes; and as a means
of racial, social, national or religious discrimination.
Elimination of Discrimination in Employment
21. The basic instrument concerning the elimination of discrimination
in labour matters is the Discrimination (Employment
and Occupation) Convention, 1958 (No. 111).
22. This Convention has been ratified by 84 States.1
23. The objective of the Convention is the elimination, in
respect of employment and occupation in general, of any discrimination
based on race, colour, sex) religion, political opinion,
national extraction or social origin. The Convention provides that
each Member which ratifies it shall undertake to declare and pursue
a national policy designed to promote, by methods appropriate to
national conditions and practices, equality of opportunity and
treatment in respect of employment and occupation with a view to
eliminating any discrimination in respect thereof. It specifies
that for this purpose the Member shall, in particular: seek the
co-cperation of employers' and workers' organisations and other
appropriate bodies in promoting the acceptance and observance of
this policy; enact such legislation and promote such educational
programmes as may be calculated to secure the acceptance and
observance of the policy; repeal any statutory provisions and
modify any administrative instructions or practices which are inconsistent
with the policy; pursue the policy in respect of
employment under the direct control of a national authority; ensure
observance of the policy in the activities of vocational guidance,
vocational training and placement services under the direction of
a national authority.
24. The Discrimination (Employment and Occupation)
Recommendation, 1958 (No. 111) provides that the policy aimed at
the elimination of discrimination in employment should have regard
to the following principles:
(a) the promotion of equality of opportunity and treatment in
employment and occupation is a matter of public concern;
(b) all persons should, without discrimination, enjoy e~uality of
opportunity and treatment in respect of -
1 See appended chart~
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(i) access to vocational guidance and placement services;
(ii) access to training and employment of their own choice
on the basis of individual suitability for such training
or employment;
(iii) advancement in accordance with their individual
character, BXI-erience, ability and diligence;
(iv) security of tenure of employment;
(v) remuneration for work of equal value;
(vi) conditions of work including hours of work, rest periods,
annual holidays with pay, occupational safety and
occupational health measures, as well as social security
measures and welfare facilities and benefits provided in
connection with employment;
(c) government agencies should apply non-discriminatory employment
policies in all their activities;
(d) employers should not practise or countenance discrimination
in engaging or training any person for employment, in advancing
or retaining such person in employment, or in fixing terms and
conditions of employment; nor should any person or organisation
obstruct or interfere, either directly or indirectly, with
employers in pursuing this principle;
(e) in collective negotiations and industrial relations the parties
should respect the principle of equality of opportunity and
treatment in employment and occupation, and should ensure that
collective agreements contain no provisions of a discriminatory
character in respect of access to, training for, advancement in
or retention of employment or in respect of the terms and conditions
of employment;
(f) employers' and workers 1 organisations should not practise or
countenance discrimination in respect of admission, retention
of membership or participation in their affairs.
25. The same Recommendation also provides that appropriate
agencies should be established for the purpose of promoting
application of the said policy in all fields of public and private
employment, and in particular:
(a) to take all practicable measures to foster public understanding
and acceptance of the principles of non-discrimination;
(b) to receive, examine and investigate complaints that the policy
is not being observed artd, if necessary by cOnciliation: to
secure the correction of any practices regarded as in conflict
with the policy; and
(c) to consider further any complaints which cannot be effectively
settled by conciliation and to render opinions or issue
decisions concerning the manner in which discriminatory
practices revealed should be corrected.
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Chart of Ratifications of ILO Conventions
relating to Fundamental Human Rights
x ratified Convention
Freedom of ASSOQiation Farced Labour
Country Convention Convention Convention Convention
No. 87 No. 98 No. 29 No. 105
Afghanistan X
Albania X X X
Algeria X X X X
Argentina X X X X
Australia X X X X
Austria X X X X
Bangladesh X X X X
Barbados X X X X
Belgium X X X X
Bolivia X X
Brazil X X X
Bulgaria X X X
Burma •X X
Burundi X X
Byelorussian SSR X X X
Cameroon X X X X
Canada X X
Central African Rep. X X X X
Chad X X X X
Chile X
China1
X X
Colombia X X
Congo X X
Costa Rica X ·x X X
Cuba X X X X
Discrimination
Convention
No. 111
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
1
The entries in this churt relate to ratifications communicated in the name
of China by the authorities representing China in the ILO at the date of
communication. All these ratifications were registered after 1 October 1949 (the
date on which the People's Republic of China was founded) and before
16 November 1971 the date on which the ILO Governing Body decided to recognise
the Government of the People's Republic of China as the representative Government
of China.
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Country
Cyprus
Czechoslovakia
Dahomey
Democratic Yemen
(Aden)
Denmark
Dominican Rep.
Ecuador
Egypt
El Salvador
Ethiopia
Fiji
Finland
France
Gabon
German Dem. Rep.
Germanyi Federal
Repub ic of
G!lana
Greece
Guatemala
Guinea
Guyana
Haiti
Honduras
Hilllgary
Iceland
India
Indonesia
Iran
Iraq
Ireland
Israel
Freedom of Association
Convention Convention
No. 81 No. 98
X X
X X
X X
X
X X
X X
X X
X X
X X
X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X
X X
X X
X X
X
X
X X
X X
Forced Labour Discrimination
Convention Convention Convention
No. 29 No. 105 No. 111
X X X
X X
X X X
X X
X X X
X X X
X X X
X X X
X
X
X X
X X X
X X
X X X
X X X
X X X
X X
X X
X X X
X X
X X
X X X
X X
X X X
X X
X
X X X
X X X
X X
X X X
I . ..
Freedom of Association
Country Convention Convention
No. 87 No. 98
Italy X X
Ivory coast X X
Jamaica X X
Japan X X
.Jordan X
Kenya X
J<hmor Republic
Kuwait X
Laos
Lebanon
Lesotho X X
Liberia X X
Libyan Arab Rep. X
Luxembourg X X
Madagascar X
Malawi X
Malaysia X
Mali X X
MaLta X X
Mauritania X
Maul'itius x
Mexico X
Mongolia X X
Morocco X
Nepal
Netherlands X
New Zealand
Nicaragua X X
Niger X X
Nigeria X X
Norway X X
Pakistan X X
Forced Latour
Convention Convention
No. 29 No. 105
X X
X X
X X
X
X X
X X
X
X X
X
X
X X
X X
X X
X
X X
X X
X X
X
X X
X X
X X
X X
X X
X X
X X
X X
X X
X X
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Discrimination
Convention
No. 111
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
/ ...
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Country
P1>nama
Paraguay
Peru
Phi U. ppi ne s
Poland
1----
Portugal
Qatar
Romania
Rwanda
senegal
Sierra Leone
Ping a pore
Somalia
Spain
Sri Lanka
Sudan
Sweden
Switzerland
Syrian Arab Rep.
Tanzama
Thailand
Togo
Trinidad ond
Tobago
Tunisia
Turkey
Uganda
IJkrain.i an SSR
USSR
United Kingdom
United States
Upper Volta
Freedom of
Convention
No. 87
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Association Forced Labour Disc ri min a ti on
Convention Convention Conventior> Convention
No. 98 No. 29 No. l05 No. lll
X X X X
X X X X
X X X X
X X X
X X X X
X X X X
X X X
X
X X X X
X X X X
X X X
X X X
X X X
X X
X X X X
X X X X
X X X
X X X X
X X X
X X
X
X X X X
X X X X
X X X
X X X
X X X
-- -· -·-
X X X
X X X
X X X
I . ..
Freedom of Association
Country Convention Convention
No. 87 No. 98
Uruguay X X
Venezuela X
Rep. of Viet-Nam X
Yemen
Yugoslavia X X
Zaire X
Zambia
Total of
ratifications 80 95
Forced La boar
Convention Convention
No. 29 No. 105
X
X X
X
X
X
X X
107 91
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Discrimination
Convention
No. 111
X
X
X
X
84
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APPENDIX III
Resolution concerning the Policy of Discrimination, Racism
and Violatio_n __ of Trade Union Freedom_§_ and _ Rir:hts_Practised
?Y the Israeli Authorities in Pa~estin~~nd in the Other
Occupied Arab Territories
(;cdopted -20 June 1974)
The General Conference of the International Labour Organisation,
Considering that "universal and lasting peace can be established only if it is
based upon social justice", as is proclaimed in the Constitution of the
International Labour Organisation,
Considering that the Declaration of Philadelphia solemnly proclaims that "all
human beings, irrespective of race, creed or sex, have the right to pursue both
their material well-being and their spiritual development in conditions of freedom
and dignity",
Considering that the right of work, the right to freedom of movement and the
right of association are inalienable rights recognized by the Universal Declaration
of Human Rights and by the international community.
Considering that it is incumbent upon the International Labour Organisation to
safeguard these rights and to seek to strengthen them,
Recalling the adoption by the International Labour Conference of the Freedom
of Association and Protection of the Right to Organise Convention, 1948 (No. 87),
and of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111),
Emphasizing that the Israeli authorities have ratified those Conventions,
Recalling that the International Labour Conference, in its resolution
concerning trade union rights and their relation to civil liberties, unanimously
adopted at its 54th Session, clearly stated that, without independence and political
liberty, no trade union right could be fully and genuinely exercised by the
workers,
Recalling also that in the same resolution the International Labour Conference
invited the Governing Body of the International Labour Office to extend and expand
its efforts to eliminate the discriminatory P"·actises on the basis of race, colour,
sex, religion, nationality and political and trade union opinions which still exist
in several countries, particularly in countries and territories under a colonial
regime or foreign domination in any form,
Considering the resolutions adopted by the International Labour Conference at
recent sessions concerning the racial discrimination being suffered by the
indigenous populations of South Africa, Guinea-Bissau and other African territories
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subject to a colonial regime or foreign domination, in which the workers'
conditions of life and work are similar to those of the Arab working peoples under
Israeli occupation,
Recalling, moreover, resolutions 9 (XXVII), 3 (XXVIII) and~ (XXIX), adopted
on 15 March 1971, 22 March 1972, and l~ March 1973, respectively, by the Commission
on Human Rights at its twenty-seventh, twenty-eighth, and twenty-ninth sessions,
which condemn Israel's persistent violations of human rights in the occupied
territories,
Seriously concerned at the continuing violation, by the Israeli authorities,
of human rights and workers' rights in the occupied Arab territories, and deeply
disturbed at the dangerous consequences of this violation,
l. Declares that any occupation of territory following aggression constitutes
in itself a permanenc ;iolation of basic human rights and in particular of trade
union and social rights;
2. Condemns the policy of racial discrimination and violation of trade union
freedoms, impairing basic human freedoms, which the Israeli authorities are
pursuing against the Arab people;
3. Invites the Governing Body of the International Labour Office and the
Director-General:
(a) To use all the means at the disposal of the International Labour
OrGanisation to put an irr~ediate end to these violations and discriminatory
practises;
(Q) To take all measures capable of guaranteeinG the freedom and dignity of
the Arab workers in the occupied territories.
4. Requests the Director-General to submit to an early session a special
report on the implementation of this resolution.
B. Letter of 26 August 1975
{Original: Arabic/English/Frenc~
In my letter of 2 May 1975, I outlined developments which had taken place at
the time in the ILO regarding some aspects of the situation referred to in General
Assembly resolution 3336 (XXIX) and undertook to keep you informed of the evolution
of the situation.
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I enclose herewith the progress report (GB 196/20/2) which I submitted to
the 196th session of the Governing Body, held at Geneva from 30 to 31 May. The
Governing Body took note of the measures mentioned in this report and instructed
me to report to it on any developments in the situation.
I will keep you informed of any further action which the Governing Body may
decide upon at its future sessions.
(Signed) Francis BLANCHARD
Director-General
I . ..
'
INTERNATIONAL LABOUR OFFICE
BUREAU INTERNATIONAL DU TRAVAIL
OFICINA INTEANACIONAL DEL TRABAJO
GOVERNING BODY
CONSEIL D'ADMINISTRATION
CONSEJO DE ADMINISTRACION
Twentieth iter:J on the agenC.a
Seco~ui S·J.pplf:JLe:-1 ta_ry Report
.Acti_;m on tree r·e~~o ut.ion c:~_mce:c':'l-;n t··le ;wlicv of
d.' scrinLnatio:1. ('::.tci_"'::l a.r.d v_i_olat:!.or. o tr:::~.de union
i ceet:or.J.s ann :ci <e:L t s -:J c:lc ti:':'ed b·, :;he ::_ sraeli
2.uti c:ri tif:S ir: Palest._i _'te anC. in tile ctLe::occ:
u~ied ~ra~ territories
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GB.l cJ6/?0/2
l96th Session
Genevc=.c,
3C-)l Il!hiy !975
l. The Go\rernL1g f.oCy \·i3.G Lnfor-.cd s.t. _;_ -cs l95th ~:>ession (r.'.arch 1975) of t::J.c
measures tz,ke:t ·-:w the Tlirectcr-Ge:'leral i:l -pll.l'P~;co.nce of' -i;;he decisio:'1 Uy the Governing
Body at its 194tt Sessiur• (~avenber l97i) oL t~1e resolution corce~·ing the po~lcy
of dlsc'".':'imir"atic:'1, :::--ccisr1 a:1.d vio:::_at~o::. of t:::--::J..de union freedor'IS and rights practised
by the Israeli autho:::·i ties ln ~ale2:.tir.c 2:~ld i;! t':-1e ott.~:- twcupied i\rab terri_._L;.ories.l
Fo2.lo't.li:·,g i-:s disc·J.ssior. of thi,s quest,~_o:!:'"_ -::-_c Gcver·niT.g Body 11 took ::J.ote of -:,he
rnco.sures takeL or cc:r~t<21':l~JL-.:.ted, as te~:;::::ribcd in ~Jacc.g:::--e::.p:1s 2 to 5 of t:te Offi_ce
papcr 11 c~neprociu-::ed ~~s AppenC.ix I) and 11 Jr>stcJ.ctcd U_f~ ;J]r<;ctor-Gencral to pur·sue
2.uc·:J. actio:'l alo:Lt: -'::t_e lint<-: indicated11 • Tho o.ctiur: p~_;._rsued six:cc t::-J.c::-1 has
consisted of tbe-fo]_lowing ele~ients. -
2. The -:ext of a lctte:::· dated 6 r.-:arc.:-1 1975 fr··on r-·1r. Uas:o (Employer member,
:::Jebar_on) and of the correspcwding cxt.::·act fror.1 his ~~tate:r,e::1t at ::he l95t:r. Sess.Lon
cf the G-mrernir_g Body to '.'1:'1ich i.e referred (Appendices li and III) have -:Jeen
comr.mnica--.::e1 tc l~Je Gcvcrnrr.P.nt ,Jf Isr·a.;-< wit:1 a vif~,,· t,c obtaini.ne; its observations
oc1 t:b_e quz-cc:otions :C.':J.icoed, Tf-,e Ccver:1ing ·:-<ody ·v!ill be inforr:1ed cf rtny :::'eply received
L::·o·n the Guver::Lrncnt of Ls:r.·acl. 1'-':r. Easr''c::; letter and t:1e ext::"act fro:11 his state-
::nent men"::ioned abo-1re :r.ave also been corn.'TI.u:-licated to ali the otLer governments ar.d
organis.~tion.s o.f t:r_e r·.::glon;::. concec~1ed, as de;:;crLJed below.
j. Followine; co::nnlWJicatioL by the Director-General on 20 Januar•y 1975 of the
resolution and of the document coLce:'!~.i:r.g 11 tr.e exercise of civil liberties and
trade union r·_Lghtsn "to all of those goverr,me~'lt.:::~ and organisations foe ~ .. J:.e p\lrpose
of disseminati.on in the rr::gio::J.s cor:cerned~ on<" reply ha.s been receiveC., namely1
fron L~te Govcr·::1ment of Syrla (AppcLdlx IV). The let-c;er se::-1t to that Governr1ent
by t'.'le Director-General following ceceipt of i tc~ reply is reproduced as Appendix V.
l Document_ G3.l'::l5/2/2, reproduced as Appe~1.dix I.
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4. Having received no other communication the Director-General, by letter
dated 2 May 1975 (Appendix VI), again wrote to the governments, intergovernmental
organisations and employers' and workers' organisations in the regions concerned
by the resolution, with regard to examination of 1neasures taken or to be taken on
the resolution.
5. A further letter, dated 2 May 1975 (Appendix VII), was also sent to the
.fovernr.ten t of Israel.
6. Furthermore, the Director-General is bearing in mind the possibility of
sending one or two persons to the area to obtain information, as envisaged in the
docuoent submitted to the Governing Body at its l95th Session, and te reserves the
possiUility of reverting to that question in due course.
7. Finally, it may be useful to note that, with regard to the application
of the Discrininatio~ (~mployment and Occupation) Convention, 1958 (No. lll), in
Israel- although this question is not directly related to the situation in the
territories to Hhich the above-mentioned resolution refers - the Committee of
ZxpRrts on the Application of Conventions and Recommendations formulated an
o·oservation at its I"'a~ch 19'75 session, the text of which is reproduced as
1\pnendix VIII.
8. The Directo~-General will submit a detailed report as soon as possible
concerning replies and info:rmation obtained on the basis of the measu-res indicated
above and concerning any further proposa:Ls which might appear appropriate having
regard to such replies and information.
9. The Goverrtlng Body mav Wlsh to take note of the measu.,..,es mentioned above
and to instruct the D.irector-General to report to it on any developments in the
situation.
Geneva, 2 May 1975.
POINT FOR DECISION:
Paragraph 9.
I ...
•
,
INTERNATIONAL LABOU.R OFF..ICE
BUREAU INTE.RNATIONAL OU TRAVAIL
OFICINA INTERNACIONAL DEL TRABAJO
GOVERNING BODY
CONSEIL D'ADMINISTRATION
CONSEJO DE ADMINISTRACION
APPENDIX I
SP:c-:Jr:cl I ~em on tb~ Agenda
ACTTUrJ Oil Y-II~ ~~:oo::./J'-~·rc:-1~; Allorrl'F:J TiY THE
C011~FElELCE AT :::1':-:J 59Tll S~3Sitl·) (.._: UNE lJ74)
GB.l95/2/2
J 05th ;Jession
Geneva,
4-7 narc~'l 19'(5
ResoLl.tion concernin- the Folic- of Discrimination
·,ac1s:rn an 10 a 1on o.:.. _ra e n1on ·ree oms
and "Rights I'ractised by tne Israei1
Authori~les i~ ~~lestine a~d in t~e
Other Cccupled Arab Territories
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l. Ha>.ring ex&"'Tlined at i.ts lS4tL Session Uovember 1974) -:::llc question of tfJe
actic~'l to t(C: taken on -'::he rcso~_lnLo_(] corwc;r·ning Lhe policy of d.isc::::-imination,
racisrr. and viule?.:,;~w of tr·<o~de uni(L'l freedoms a"'ld rig~ts practised 'oy the Israeli
a~thorities ih Palestine and in t~e other occupied Arab territories 1 the Governing
Body instructed the Director-General -
(l) to co::nrr.unicate the resolution to the Lort:teli avthorities;
(2) to ensure fer t:r_e ::::-eGions concer:~1c::l by the resolution, as far as possible L'1
the ::..anguages of the COl;_ntr:y, the v;j_fc;=;t di.sscmL'lation of' ILO documents concern::_
ng the exercise of civil L.bert:ics and t:::-a6.e '-Inion rights;
( 3) ·~c subrr:i t to t~e Governing Boc.y at its next sess.ion a re-;:Jo.:'t ar,d proposals concer~'
l::..r_g -'::~'le inp2.e:nentaticn of -:i1e operative pa:::-t of the resolution;
(4) tc keep the Conference infcr:neC. of the measures taken in applicat.Lon of the
resolution.
2. Ir_ accordance 1:Ji"~h point (l) of "'~hat decision the D1.recLor-Gencral comInu::_
cated tJ-,e resol;~tion to the Israeli Government by letter of 25 November 1974,
rlra~e1Lng i Uo a:,Len'.. . .Lon Lo the operative rart o:::' the r·eso~-:~tion.
3. 'l'o give eff~ct -'::o J?Oint (2) oi' the decision, a document setting out the
IL0 1 s princi_:'Jer:> a~'1d standarfs concerr_ing ·nt:r~e exercise or civil liberties and tr::de
union rights" 'W!3S prepared in Arajic, Englisl"'. end French. The Dirccto:i'-General
sent a nurr,ber of copies c:o each governmen:., intergovernrnen~al organisation and
enp=:.o.yers 1 or wo:::>kers 1 orgacisation in the regions co.:1cerned by the resolution, awl
at the same t:lmc drew at:c,enLion Lo L1e resolution and !.o the Governing Dody 1 s reques~;
:'or the . ..,,idcst disseoinat ion or Lhe docu:rr:.entto in the reg.Lons concerned. The
e;overrur.e::1ts and organisat:ior~s oay obtai_n extra copies on reques"'c.
4. As recards -point: (3) cf the decision, which relates to the implementation
of t:r_e operative part of the :::'esolutior., in operative paragraph "3 the ILO ls asked
to ~~se a] l the means at its disposal to achieve the objectives or Ll"!C resolution.
J1hese objectives can, o: course, be achicv8d only if information is available for
an assessment cf ~he scope of -;;he prob::.._em and how to deal with it. The DirectorGeneral
has a~raneed for "::he ccllec-cion of information by the Office so as to keep
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the situation under review and consider what action may be req_uired. He ·..rill make
any necessary resource adjustments for the purpose. He assumes that he '..rill
receive the information required in answer to his letters to govepunents and
organisations in the regions concerned, mentioned in paragraph 3 above. In the
light of that information he will consider taking steps to make further contact with
the competen~ authorities, should the need arise.. Moreover, he will bear in mind
the :possibility of sending an official or some other representative to the area to
obtain the ipfornation, should such a mission appear desirable, in which case he
will so inform the Governing Body. The Director-General will report to the
Governir~ Body at an early session on the action taken.
5. As regards p-oint (4) of the decision, the Director-General's Report to the
Conference at its forthcoming session will contain information on the action taken
:.1nder the resolution.
6. The Governi
tern lated as escr1 e
enera o pursue sue
wish to take note of the measures taken or conra
3 o a ave an o 1ns rue- ce 1rec or
1nes 1n 1ca e ,
Geneva, 28 January 1975.
POIN'l' FOR DECISION:
Paragraph 6.
I ...
APPENDIX II
Letter dated 6 March 1975 from Mr. Nasr to the
Director-General of the International Labour
OHice
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Following the statement I made in the Governing Body regarding item 2 of the
agenda, please find below some further cases which require immediate ILO action in
pursuance of the resolution of the 1974 Conference concerning "the policy of
discrimination, racism and violation of trade union freedoms and rights practised
by the Israeli authorities in Palestine and other occupied Arab territories":
(a) Hr. George Hazboun, Secretary of the Union of Shoe 'iTorkers in Bethlehem,
has been detained in prison since November 1974. He and Mr. Hejazi,
Mr. Abou Gharibah and Mr. Atallah Rishmaoui have been tortured and their lives
are, consequently, in imminent danger.
(b) Dr. Salah-uddin Anabtaoui, Secretary of the Arab Order of Medical Doctors,
has been expelled from his homeland since 1968.
The same thing was done in the following cases:
(a) Dr. Faisal Kanaan, Secretary of the Order of Dentists;
(b) Dr. Walid Kamhaoui, former Secretary of the Order of Medical Doctors,
was expelled in December 1973;
(c) Dr. Alfred Tobassi, Secretary of the Order of Dentists, was expelled in
November 1974;
(d) Mrs. Abdul-Hadi, Secretary of the Women • s Union in Nab1us, was detained,
tortured and expelled in 1968;
(e) Mr. Mahmoud Kadri, teacher and Secretary of the Preparatory Committee of
the Union of Teachers of the Western Bank (of Jordan), was expelled form his
homeland in November 1974.
In April 1974, the following trade unionists were detained in prison and
are still there (they were not brought before a court):
(a) Mr. Husni Haddad, engineer, Secretary of the Order of Engineers of the
branch of Hebrun and Bethlehem;
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(b) Mr. Abbas Abdul-Hakk, engineer of the Order of Engineers, the branch of
Nablus;
(c) Dr. Farhan Abou El-Layl, member of the Board of the Order of Medical
Doctors of Nablus;
(d) Mr. Abdul-Majid Hamdan, member of the Preparatory Committee of the
Teachers' Syndicate of the Western Bank.
(Signed) Marwan NASR
Employers' Member of the
Governing Body
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Extract from Mr. Nasr's statement at the one hundred and ninety-fifth
session of thE Governing Body, first sitting, Tuesday morning,
4 March 1975
"Arab workers in the occupied territories of Palestine are not admitted into
the highly technical industries, but their employment is confined to the simpler
activities. They claim that this is done to prevent them from acquiring higher
know-how and the higher standard of living that goes with it. Such activities to
which they are confined are agricultural hand-labour, building, simple processes in
the canning industry, services in restaurants and hotels. They are denied any
access to such industries as the diamond, electric, electronic and chemical
industries.
"They are aske~ to pay up to 33 per cent of their wages in taxes for the
social security sysc,em mcd for the war effort. You can imagine their feelings when
they will be supporting the war effort of the authorities which have occupied their
own territories, but still they are submitted to it. And, which is worse, when it
comes to benefits from the social security system, they are not allowed benefits
from the social security system for which a part of their salary is being deducted.
"Because they are confined to certain types of work and not to others, they
have sometimes to travel an hour or more, one hour going and one more coming from
their work, and that is extra time - it is certainly not considered part of their
working hours. And then they have to go on buses, which sometimes take double the
number they should and sometimes there are accidents. For example, in 1973, a
bus accident between Nathania and Tel Aviv caused the injury of several workers and
in the village of Assira, there was a sort of grumbling and even a threat to strike.
The people who did it were persecuted, they were beaten by what is called the Police
Borders Force, put on a blacklist and not given the opportunity to work in any
other factory.
"In factories which employ three shifts, the first shift, which is the day
shift -the easier shift - is always the exclusivism of the Jewish workers; the
Arab workers are confined to only the second and the third shifts, which are the
evening and the night shifts.
"Arab workers are not permitted to eat at the tables at lunch-time; they have
to use the floor as a dining table.
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11There is al·Hays a STJecial security officer to deal with Arab workers if they
say that their conditions of work are not happy. Thus, in the Yashin FruitPacking
Factory in i'iellis , when the Arab workers had threatened a strike, they were
arrested) beaten and sent m·ray and, ~vhen they are fired under these conditions.,
they cannot find work in any other factory.
"The v10rkers, >rhen they come frm;;_ the occupied territories to work in the
other territories, are denied the protection of the Arab labour unions in their
home country, because they ere working in factories in the other part. And, of
course, they are not protected by the trade unions in the other part because they
are residents of the occupied territories.
l'Horkers' unions in occupied Arab territories are under constant pressures
and threats. 'Jr. Dameen Hussein Abboud, secretary of the union of building
labourers in Ramallah, vms submitted to investigations and threats by the secret
police because he held a meeting of the members at his union on the occasion of
Labour Day in 1973. Then, in December 1973, the persecution ended by his being
expelled from his own home and his country by the Israeli authorities. He was the
last of three other active labour leaders in this union who have suffered at the
hands of the police since 1967. The last one, Hr. Adnan Dagher, was arrested in
the spring of 1975. He vras the secretary of the union and he is s·cill in prison.
The union of the workers of Beira had to lose two members of its board of directors,
Miss Nejme Ayyoub and Mr. Hohammad Baghdadi. They vrere forced to resign under
threats because they were active members of the union. i:Jr. Zakaria Hamdan,
Secretary-General of the Federation of Arab labour Unions on the western bank of
the Jordan, was arrested and then was expelled from the country because of union
activities. The same thing happened to Hr. Hichel Sindaha, secretary of the
drivers' union of Jersualem, and two others, llr. Khalil Hijazi and
llr. Hohamme:l Abou Garbieh, who were persecuted. They were put in prison and
they are still in prison."
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Letter dated 22 March 1975 from the J.linister of Social Affairs
and Labour of the Syrian Arab Republic to the Director-General
of the International Labour Office
I refer to your communication of 20 January 1975 and the documents appended to
it, that is, the resolution concerning the policy of discrimination, racism and
violation of trade union freedoms and rights practised by the Israeli authorities
in Palestine and in the other occupied Arab territories, adopted by the
International Labour Conference, and the ILO documents relating to the exercise of
civil liberties and trade union rights. In this connexion, I wish to make the
following observations:
1. You stated in your corr~unication that the above-mentioned ILO
documents were being sent to us with a view to their dissemination in the
regions concerned with the resolution. It is, however, a practical
impossibility for us to do this. The Syrian Arab Republic cannot disseminate
these documents because it does not exercise effective control over the
regions in question.
2. In our opinion, the dissemination of the ILO documents dealing with
the exercise of civil liberties and trade union rights would not suffice to
ensure the application of the above-mentioned resolution, particularly as
Israel still occupies the Arab territories and continues to violate trade
union and human rights in those territories.
3. The above-mentioned communication contains no indication of the
measures capable of guaranteeing the freedom and dignity of the Arab workers in
the occupied territories which the resolution invites the Governing Body of
the ILO and the Director-General to take.
In these circumstances, and in pursuance of the resolution concerned, we
hope that this question will be put before the Governing Body again with a view to
the adoption of practical measures to guarantee the trade union and civil rights
of the workers concerned.
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APPENDIX V
Letter dated 2 Hay 1975 from the Director-General of the International
Labour Office to the ;.:inister of Social Affairs and Labour of the
Syrian Arab Republic
I have the honour to acknowledge with thanks the receipt of your letter of
22 Harch 1975 in 1<hich, following my letter of 20 January 1975, you were good
enough to give me your views concerning the action to be taken on the resolution
concerning 11the policy of discrimination, racism and violation of trade union
freedoms and rir:hts practised by the Israeli authorities in Palestine and in the
other occupied Arab territories" adopted by the International Labour Conference at
its 59th session (June 1974). The information contained in your letter of 22 Barch
>-rill be brought to the attention of the Governing Body in the report on this matter,
>rhich I propose to submit to it at its next session.
I have the honour to transmit to you herewith a copy of a letter dated
6 Harch 1975, which I have received from l1r. Nasr, Employer member of the Governing
Body, together with the corresponding part of the statement he made at the 195th
session of the Governing Body, to which his letter refers. Hr. Nasr' s letter and
his statement have been communicated to the Government of Israel with a request for
any observations it might have concerning the questions raised.
(Signed) Francis BLANCHARD
Director-General
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APPENDIX VI
Letter dated 2 May 1975 from the Director-General of the International
Labour Office to the Governments, intergovernmental organizations and
6mployers' and workers' organizations of the regions concerned
Ey my letter of 20 January 1975, I had the honour to communicate to you a
copy of the resolution concerning "the policy of discrimination, racism and
violation of trade union freedoms and rights practised by the Israeli authorities
in Palestine and in the other occupied Arab territories" adopted by the
International Labour Conference at its fifty-ninth session in June 1974, together
with copies of a document entitled The Exercise of Civil Liberties and Trade
Union Rights, with a view to their distribution in the regions concerned with the
resolution. These steps were taken in accordance with the decisions on the subject
adopted by the Governing Body at its one hundred and ninety-fourth session in
November 1974 and referred to in my letter of 20 January.
At its one hundred and ninety-fifth session in March 1975, the Governing Body
instructed me to pursue the action described in the document I had submitted to it
on this matter (GB.l95/2/2), a copy of which ~s enclosed herewith (see appendix I
above) and in which I expressed my intention to report to the Governing Body at an
early session on the action taken.
With' a view to the preparation of such a report, I would be obliged if you
would send me information concerning any action you may have taken along the lines
indicated by the decision taken by the Governing Body at its
one hundred and ninety-fourth session to which I referred in my letter of
20 January.
I also have the honour to transmit to you herewith a copy of a letter dated
6 March 1975, which I received from Mr. Nasr, Employer member of the Governing
Body, together with the corresponding part of the statement he made at the
195th session of the Governing Body (see appendices II and III above, to which his
letter refers. Mr. Nasr' s letter and his statement have been communicated to the
Government of Israel with a request for any observations it might have concerning
the questions raised in it.
(Signed) Francis BLANCHARD
Director-General
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APPENDIX VII
Letter dated 2 May 1975 from the Director-General of the International
Labour Office to the Minister of Labour of Israel
By my letter of 20 January 1975, I had the honour to communicate to you
copies of a document entitled The Exercise of Civil Liberties and Trade Union
Rights with a view to their distribution in the regions covered by the decision
which the Governing Body took at its one hundred and ninety-fourth session, in
November 1974 on the action to be truten in pursuance of the resolution concerning
"the policy of discrimination, racism and violation of trade union freedoms and
rights by the Israeli authorities in Palestine and in the other occupied Arab
territories", adopted by the International Labour Conference at its
fifty-ninth session in June 1974.
The Governing Body, at its one hundred and ninety-fifth session in
March 1975, instructed roe to pursue the action described in the paper I submitted
to it on this matter (GB.l95/2/2), a copy of which is enclosed herewith (see
appendix I above), in which I expressed roy intention to report to the Governing
Body at an early session on the action taken.
With a view to the preparation of such a report, I would be obliged if you
would send me information concerning any action you may have tcl<en along the lines
of the decision adopted by the Governing Body at its one hundred and ninety-fourth
session, to which I referred in roy letter of 20 January.
In order that consideration may be given to possible additional steps as
contemplated in paragraph 4 of roy paper to the Governing Body mentioned above, I
would be roost grateful for >rhatever information you could send roe concerning
developments affecting the matters and territories to which the Conference
resolution relates.
Fin all~·, I have noted that, by his letter of 8 April 1975, your Government's
Permanent Representative at Geneva informed me that he will forward to roe
immediately any reply received from the Government concerning the letter I received
from Mr. Nasr, Employer member of the Governing Body, and the latter's statement
to the Governing Body, which I sent to him on l April 1975.
(Signed) Francis BLANCHARD
Director-General
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APPENDIX VIII
Extract from the report of the Cormnittee of Fxperts on
the Application of Conventions and Recommendations
(:'arch l975~~__sion:
Convention No. 111: Discrimination
(Employment and Occupation), 1958
Israel (ratification: 1959)
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The Committee has noted the information supplied by the Government in response
to its previous observation. It hopes that the Government will be able to give, in
its next report, specific information on trends in the participation rates for
members of the different ethnic and religious groups of the population in highergrade
posts, in the private and public sectors. In particular, it requests the
Government to indicate uhat action has been taken on the recommendations of the
Inter-Hinistry Committee set up in 1974 (which the report indicates as having been
approved by the Government) and for increasing the recruitment of members of the
Arab population to skilled positions in the civil service and other public
services.
In addition, the Committee notes that - as the Government points out - the
Employment Service Act, 1959, prohibits discrimination in the placement operations
to which it applies (sect. 42) and provides for a grievances procedure
(sect. 43). However, since these provisions do not relate to admissions to
certain categories of posts (particularly posts at the higher level referred to in
sect. 32 (b)) or to other aspects of employment (such as promotion), the
Committee draws the Government's attention to the fact that it would be usefu~ to
adopt supplementary provisions on the prevention of discriminatory practices in
respect of employment Pnd occupation in general, including specific methods for
examining and dealing with any case of alleged discriminatory practices
:article 3 (b) of the Convention).
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Letter dated 8 July 1975 from the Director-General of the
United Nations Educational Scientific and Cultural
Organization to the Secretary-General
On behalf of the Director-General, I wish to acknowledge receipt of your
letter dated 19 March 1975, in which you quote paragraph 5 of General Assembly
resolution 3336 (XXIX) and request any information which we may have directly
related to the subject of "adverse economic effects on the Arab States and peoples,
resulting from the repeated Israeli aggression and continued occupation of their
territories 11
•
Aside from the UNESCO/UNRWA Department of Education and the organization of the
Tawjihi examinations in the Gaza Strip, UNESCO's only activity of relevance to this
problem is the report, prepared for the eighteenth session of the General
Conference, on the situation of the national education and the cultural life of
peoples in the occupied Arab territories. Within the framework of this report,
which was prepared in accordance with resolution 10.1, part III, paragraph 19,
adopted by the General Conference at its seventeenth session, certain information
relevant to the economic situation in the occupied territories was supplied to
UNESCO. While this information is not entirely of direct concern to the subject of
the economic effects of aggression and occupation on the Arab States and peoples,
copies of the report (document 18 C/16) and of the resolution subsequently adopted
by the General Conference (18 C/Res .13 .1) are enclosed for reference. Details
concerning economic or financial matters are to be found in document 18 C/16 in
paragraphs 20, 24, 25, 26, 27, 36, 37, 38, 41, 57, 58, 59, 60, 73, 74, 95, 96, 105,
108, lll, 119, 125, 131 and 141 (see appendix II below).
I regret that we are unable to provide any further information relating to the
subject matter of the report requested in General Assembly resolution 3336 (XXIX).
(Signed) John E. FOBES
Deputy Director-General
for the Director-General
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13.
13.1
APPENDIX I
' UNESCO General Conference resolution 18 C/Res,l3.1 adopted at the
forty-seventh plenary meeting on 23 November 1974
Access by the populations of the occupied Arab territories to national
education and culture
The General Conference,
Recognizing that access to national education and culture is one of the
fundamental human rights affirmed by the Charter of the United Nations
and the UNESCO Constitution,
Recalling that military occupation of territories by foreign forces
constitutes a constant danger to peace and human rights, including the
inalienable right to national education and cultural life,
Noting with anxiety that, as is apparent from the report by the DirectorGeneral
(document 18C/16), the populations in the occupied Arab
territories are not enjoying their inalienable and inviolable rights
to national education and cultur!il life,
1. Invites the Director-General to exercise full supervision of the
operation of educational and cultural institutions in the occupied Arab
territories, and to co-operate with the Arab States concerned and with
the Palestine Liberation Organization with a view to providing the
populations in the occupied Arab territories with every means of
enjoying their rights to education and culture so as to preserve their
national identity;
2. Urgently appeals to Israel to refrain from any act that has the effect
of hindering the populations of the occupied Arab territories in the
exercise of their rights to national education and cultural life, and
invites it to allow the Director-General of UNESCO to carry out the task
referred to in the foregoing paragraph;
3. Invites the Director-General to report to the Executive Board on the
implementation of this resolution.
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APPENDIX II
Extracts from the report by the Director-General on the
situation of the national education and the cultural
life of peoples in the occupied Arab te1Titories
{document 18 C/1§7
"II. THE GAZA STRIP AND NORTHERN SINAI
"A. National education
"Numerical data
"20. According to official Egyptian sources, the education budget
for the Gaza zone represented one quarter of the general budget for the
zone. This budget amounted to:
£(E)3,514,ooo (Egyptian pounds) in 1964-1965
£(E)4,658,ooo in 1965-1966
£(E)5,130,000 in 1966-1967
''The government also assisted students going to Egyptian universities and
institutes.
In 1964-1965, the education budget amounted to £(E)l,500,000, plus the
sum of £(E)l05,000 for aid to students.
In 1965-1966, the education budget amounted to £(E)l,800,000 plus the
sum of £(E)l80,000 for aid to stud~nts.
In 1966-1967, the education budget was £(E)2 ,500,000 but aid to students
fell to £(E)20,000.
"24. Fifty per cent of the education budget is covered by the Israeli
authorities; §! in 1974-1972, education represented 18 per cent of the total
§/ Haifa report, p. 5.
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budget for the Gaza Strip. b/ It amounted to £(1)10,839,924, to which
should be added £(I)386,327-for the building of schools. The remaining
50 per cent of the budget was provided by the municipalities for the
government schools.
''25. At the beginning of the occupation, the UNRWA/UNESCO programme
had to cope with a substantial increase in the costs of education. Between
1967 and 1970, recurrent expenditure in the education budget rose from
$9,800 ,000 to $15 ,200,000 for UNRHA/UNESCO education services as a whole.
The share of the budget allocated to education at present represents
47 per cent, whereas 13 per cent goes to health services. The following
table shows the importance of education in the UNRWA budget. Since about
21 per cent of the refugee population receiving education are in the Gaza
Strip, it may be taken that approximately one fifth of this budget is used
for the Gaza Strip.
E/ Ministry of Defense, The Administered Territories 1971-1972, p. 275.
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(In thousands of United States dollars)
Education services
General education
Vocational and professional training
Share of common costs from Part IV
Total, education
Grand total
Percentage of grand total used for
education
1974
budget
estin:att::.s
24,506
4,649
3,807
32,962
70,291
47%
1973 1972
ad,justed
budget actual
estimates expenditure
21,925 17,752
4,529 3,661
3 ,1•64 2,894
29,918 24,307
62,676 52,126
48% 47%
Source: Report of the Commissioner-General of the United Nations Relief and
Works Agency for Palestine Refugees in the Near East, 1 July 1972-30 June 1973
(Official Records of the General Assembly, Twenty-eighth Session, Supplement No. 13
(A/9013), p. 59, table C.
"26. Besides their contribution to the UNRWA budget, certain
Governments make an additional direct contribution to the refugees. Direct
contributions for educational services in 1972-1973 are shown below.
Direct contribution to refugees a/ b/ for the year ended 30 June 1973
(In United States dollars)
Governments
Egypt
Israel
Jordan
Lebanon
Syrian Arab Republic
Education services
7,095,000
2,312,619
1,672,512
6o ,970
1,342,146
Totals
9,022,475
7,902,665
10,074,976
1,341,493
3,530,975
a/ All data shown in this table are provided by the Governments concerned and
are expressed in United States dollars computed by applying the agency's accounting
rates of exchange.
EJ These contributions direct to the refugees are in addition to contributions
made by these Governments.
Source: Report of the Commissioner-General of UNRl-TA, 1972-1973, Official_
Records of the General Assembly, Twenty-eighth Session, Supplement No. 13 (A/9013),
p. 102, table 21.
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"27. In addition to the contributions to the Regular Budget and the
government contributions detailed above, the UNRWA/UNESCO schools receive
special donations, particularly from the following countries: United States
of America, Germany (Federal Republic of), Sweden and Switzerland.
"Teacher training
"36. It will be seen that a large number of teachers hold only the
secondary school certificate (980 out of a total of 1,416, or over two thirds),
as against 264 university graduates. Only two teachers have a university
degree in English and none holds a degree in mathematics. This seems to have
adverse effects on the standard of teaching in these subjects. The relatively
few teachers (~72 out of a total of 1,416) with a two-year post-secondary
training will also be noted. All the institutes providing such training are
situated on the West Bank of the Jordan and access to them was consequently
very difficult for inhabitants of the Gaza Strip until after the hostilities
of June 1967. A further point is that UNRWA, on which three of the four such
institutes depend, has difficulty in finding teaching posts for graduates from
the Gaza Strip. The Israeli authorities, however, report 700 teachers having
taken advanced courses in the Gaza Strip and Israel in 1971. £1 Aoother
point is that the salaries payable to teachers make it more tempting to seek
work in Israel or sometimes to emigrate.
"Higher education
"37. The table below shows the number of students admitted to the
universities and higher institutes of Egypt.
' Number of students from the Gaza Strip admitted to the universities and
higher institutes of Egypt, 1964-1973
1964 1965 1966 1967 1968 1969 1970 1971 1972 1973
Universities_ and
higher institutes 728 1,323 nil nil nil 1,195 1,030~ 961~ 732!') 1 ,0 31!')
~ The figures from 1970 onwards represent the number of those passing the
taw,jihi examination who· crossed the Suez Canal for the purpose of pursuing higher
studies in Egypt.
Source: Ministry of Education, ARE and UNRWA Office, Beirut.
£1 Ministry of Defence, The Administered Territories 1971-1972, p. 276.
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"Egypt provides students from the Gaza Strip with financial assistance
amounting to £(E)2 million a year for educational costs and £(E)l20,000 a
year in direct nEsistF~.<ctce. The Egyptian authorities intend to restrict the
number of such students to 1,000, apparently owing to the massive rise in
the number of students at the universities of Cairo.
"38. In addition, a number of students continue their studies at foreign
universities, often with the assistance of fellowships administered by UNRWA/
UNESCO. The number of UNRWA fellowship-holders was 384 in 1968-1969, but fell
to 82 in 1972-1973 owing to the running-out of one source of finance. ~
Israeli sources indicate that very few students from Gaza continue their
studies in Israeli universities. e/ The main difficulties appear to be
attributable to a ge.1erally inadequate standard of secondary education, and
the opportunities of work in Israel .
"B. Cultural life
"Cultural life prior to 1967
"41. According to a special report submitted to the Director-General
by the Arab Educational, Cultural and Scientific Organization (ALECSO), prior
to 1967 the region had six tourist offices, six sports clubs, three cultural
centres, two public libraries, 10 bookshops and eight cinemas (including four
indoor cinemas). The ALECSO report also states that the Egyptian Government
spent £(E)4o,ooo on the maintenance of these establishments.
"III. THE WEST BANK, INCLUDING EAST JERUSALEM
11General observations
"57. Israeli sources show that the annual rate of natural increase in
the population of the West Bank was apparently rising until 1971 (2.8 per cent)
and then went down to the 1968 rate (2.3 per cent), which is similar to the
trend noted in the Gaza Strip. f/ There is, on the other hand, a net
emigration from the occupied territories. In the 1950s, there was noticeable
d/ UNRWA/UNESCO Department of Education Statistical Yearbook, 1972-1973, pp. 7
and 96.
~Haifa report, p. 9.
!/Ministry of Defence, op. cit., pp. 17-215.
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emigration from the \-fest Bank to the East Bank of the Jordan and to foreign
countries where economic opportunities were better. g/ In the months
following the war of 1967, an estimated 200,000 fled-from the West Bank to
the East Bank. h/ Since 1971, however, the rate of net emigration seems to
be decreasing for reaons attributed by Israeli sources to employment
opportunities mainly in Israel. if
"58. Like the Gaza Strip, the West Bank economy is predominantly
agricultural. The region is, however, much more developed and produces a
greater variety of items, including olives, deciduous fruits, citrus and
bananas, field crops, vegetables, as well as animals. jf In spite of certain
improvements, the techniques used are rudimentary by comparison to those used
in Israel. Industry has not been able to develop in the West Bank since the
beginning of occupation. Several reasons are given. There is virtually no
investment in the region by outside sources, Arab or other. Jordanian banks
have been closed and the local population is not inclined to deposit in or
borrow from Israeli banks. Furthermore, nearly half of the West Bank hired
workers in industry (6,500 out of a total of 13,900 in 1972) work in industry
in Israel. !J
"59. In general, there is a tendency among West Bankers to be attracted
by higher wages in Israel. If one examines the monthly figures of West
Bankers seeking work through Israeli employment offices in 1971-1972, one
finds an average of 21,833 per month, of which almost all were employed in
Israel (20,452 or 94 per cent). 1/ Another 10,000 obtained employment without
going through the employment offices. lfuether they go through the employment
offices or not, the attraction of employment in Israel appears to prevail over
fears arising from the unstable and precarious nature of such work. The
October 1973 war, for example, cut many West Bank workers off from their main
source of income, yet little by little they returned to Israel in their dayby-
day search for better material living conditions for themselves and their
families.
g/ See, for example, "Palestinian emigration and Israeli land expropriation
in the occupied territories", Journal of Palestine Studies, vol. III, 1973,
pp. 106-108.
'eJ Report of the Commissioner-General of UNRWA, l July 1966-30 June 1967,
Official Records of the General Assembly, Twenty-second Session, Supplement No. 13
(A/6713), para. 32; and ibid., Twenty-third Session, Supplement No. 13 (A/7213),
paras. 9 and 10.
if Ministry of Defence, op. cit., pp. 2, 98-100.
J} Ibid., p. 30
!J Ibid. , p. 31.
!f Ministry of Defence, op. cit., p. 99.
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"60. The effects of these trends on the economy of the 1iest Bank are
considerable. Industry and the population have been adjusting to meet the
demands of the Israeli economy. The occupying Power, the local population
and the States whose territory is occupied agree on this point. This
situation obviously affects both the education and cultural life of the Arab
population of the West Bank.
"A. National education
"Numerical data
"73. As regards the budget spent on education in the West Bank, the
Israeli authorities had an educational budget for the West Bank of
£(I)20 million for 1972. m/ It should be noted that approximately 70 per cent
of the schools in the area are run by the Government. The authorities
encourage building of schools by offering to pay 50 per cent of the cost. The
difficulty seems to be that the authorities will not allow the levying of
additional taxes through the municipalities from the local population for
this purpose, because of the policy of non-interference in local affairs,
although they do enforce other forms of taxation. The result is that
schoolrooms have to be rented in different parts of the towns and villages
and are often overcrowded.
"74. As already mentioned (see para. 25 above), the total expenditures
in 1972 for education services of UNRWA/UNESCO amounted to $24,307,000 and
the budget estimates for 1974 were $32,962,000. Since nearly 16 per cent of
the refugee pupils receiving education are in the West Bank, the amount of
UNRIVA/UNESCO education funds for the West Bank education services may be
roughly calculated at $4 million for 1972.
"Higher education
"95. In the report submitted by Jordan, n/ it is stressed that "the
occupatio'l has affected directly or indirectly -hi<>;her education". The
Ministry of Education regrets that it has no reliable statistics available,
and enumerates several consequences of the occupation, including the
T1!/ Haifa report, p. 35. The Ministry of Defence, op. cit., p. 139, indicates
the higher amount of £(I)35,573,363 in actual expenditures for education in 1971-
1972.
~ Ministry of Education, Effect of Occupation on Education and Culture in the
West Bank of Jordan (a special report prepared for UNESCO), p. 10.
I . ..
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Annex VIII
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difficulties students have in leaving the occupied territories West of the
Jordan, and the petty annoyances suffered by those who do leave when they
come home to their parents on holiday; the problems they encounter when
trying to find employment benefiting their qualifications; and the extreme
difficulty of gaining admission to the Israeli universities. The report
also mentions the closing down of the Beit-Hanina Institute of Business
Administration.
"96. On the other hand, it is stated in the Haifa report o/ that
things are going on much as before, although students who used to go to
Arab universities in other countries naw tend to go rather to the United
States of America and Europe. It is also stated that the Israeli
universities are open to students from the occupied territories, but that
very few actually go to them. Another point to note is that the Israeli
authorities authorize the purchase of foreign currency by students who wish
to study abroad.
"B. Cultural life
"105. Two features mark the Right Bank of the Jordan from the
cultural standpoint: firstly, the distinctive character of the large towns,
each of which has its own quite individual past, history, elites and trends
of development; and, secondly- a feature connected with long-standing and
exceptional urban development - the great disparity between the standard of
living and way of life in the towns and in the countryside, the latter
remaining particularly poor.
"Cultural life prior to 1967
"lOB. The Jordanian Ministry of Education, in its report to UNESCO p/
stressed the fact that the West Bank was an important market for the books,
magazines and newspapers of the Arab world. Furthermore, a law of 1964
provided for the administration and maintenance of the holy places by the
Ministry of Waqfs, Islamic Affairs and Shrines. g/
~ See Haifa report, pp. 40-41.
Ef Minister of Education, Effects of Occupation on Education and Culture in
the West Bank of Jordan (a special report prepared for UNESCO}, p. 17.
g/ Ibid., p. 19.
I ...
"Cultural life since 1967
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:P&ge ll
"lll. For information about the Moslems, the officials of the Secretariat
visited the Ministry of Waqfs in Amman, where they were told that religious
instruction in the West Bank schools was going on as before, as were the
prayers in the mosques, and that the Ministry was continuing to see to the
maintenance of the buildings and to administer the community's property, the
income being used either for helping the neeey or for preserving religious
buildings etc. The Israeli authorities also provide assistance for this
purpose and have contributed to the restoration of various Moslem mosques and
cemeteries. Furthermore, they broadcast the major Moslem ceremonies - as,
indeed, those of other religions - on radio and television. rJ
"119. The problem of books and periodicals in Arabic also impinges on
cultural life. It is no doubt theoretically possible to obtain any book or
periodical in Arabic provided that it contains no incitement to re.cial hatred ·
or anti-Semitic statement. In fact, however, the situation is not as simple
as this, and the circulation of periodicals in particular is extremely
difficult. An import licence is required in order to obtain books or
periodicals from Arab countries, and they have to go through a slow, cumbersome
and complicated commercial circuit. In addition, high customs duties' are leVied
on such publications. Although a large number of English-language publiqations
freely expressing all shades of opinion me.y be available in Jerusalem, Ramallah
and elsewhere, the language barrier restricts their readership considerably.
"125. The increase in the number of television sets and in the flow of
workers from the occupied territories to Israel have brought about a change in
habits and attitudes of mind. Contact with Israeli society has led to a partial
splitting up of families. Not only the father but often also the mother mey
go to work in Israel, with the result that the cultivation of the land and the
education of the children are frequently left in the hands of the grandparents,
who are not always up to the task. Moreover, the workers who are attracted by
this new working environment - far more advantageous, it is true, but very
different from the point of view of dietary habits, mores and life style - are
ill prepared for the cultural shock involved. The complaint is made that the
wages earned are spent in Israel itself on doubtful forms of entertainment. The
Jordanian Government also mentions the breaking down of parental authority. The
dangers to young girls' honour, so carefully guarded in Islam, are very keenly
felt. It is feared that they may, against the wishes of their families, marry
!) Haifa report, p. 47.
/ ...
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Arab boy-friends they have met in Israel while working there. The result of
this is that, on the one hand, they are married off by their parents at an
increasingly early age and, on the other, certain municipalities and associations
are trying to create occupations and jobs for girls and women in the territories
themselves. Whatever may be said, however, values remain extremely traditional.
"IV. THE GOLAN HEIGHTS
"A. National education
"Numerical data
11 131~ The educat; nn~1 !=:.v~:t.Pm hJ=~.::: h.,on i'iuc;ult.,;cJ.. since t.he occupation
s01-~.., -...,., t..u~ Government of Israel. s/ The pay, however, was considered to be
too l.9w accordinf( to one teacher, who informed members of the Secretariat that it
amounted to £(I)8oo per month as compared to a worker's salary of £(1)1,200 per
month. The Secretariat also heard reports of students being attracted by wages
offered for manual labour in Israeli settlements in occupied Golan, where they
could earn up to £(1)50 per day.
"B. Cultural life
"141. The other activities mentioned in the Haifa report seem to be
related to the development of ties with Israel, as for example the sports clubs
which compete in an Israeli football league, the coffee houses catering to
visitors, and the handicrafts and home industries aimed at the tourist
market. ~/"
~I Haifa report, p. 68.
y Ibid., p. 72.

UNITED
NATIONS
General Assembly
Distr.
GENERAL
A/35/648
10 l{ovember 198}
ORIGINAL: ENGLISH
Thirty-sixth session
Agenda iten 12
REPORT OF THE ECONOI,IIC AND SOCIAIJ COU}ICIL
Report of the Secretary-General
I. The present report is submitted in pursuanee of @neral Assembly resolutions
34/L36 of 14 Decenber L979 and 35llfO of 5 Deceober 1980, in which the Assembly
reguested the Secretary-Genera1 to prepare and eubmit to it a report concerning
permanent sovereignty over national resources in the occupied Arab territories.
In resolution 34,/136 the Assenbly spectflcally requested that the retrnrt should
take into consideration the provisions of, paragraptr 2 of resolution 3z/L6L of
19 Decenber L977, namelyr
n (a) Ttre adverse economic effects extending beyond the year 19751
"iU) rpsses in the Arab territories stilL under Israeli occupationl
tr(c) Human and military losseEt
tr(d) The losses of, and damage to itens of the national, religious and cultural hegitager
n(e) Iosses in the traditional sector6, including the retail trading,
small industries and farnring seators,
o (f ) Ttre ful.l i.ntrnct on the developnent process of the Arab states,
territories and peoples SubJected to Israeli aggression and occupations.
2. In connexion with the same supject and in response to General Assembly
resolution 3336 (XXIX) of 17 December L974, the Secretary-General submitted a report to the thirty-second sessiOn of the Assembly lV32/204't. That report
f,ocused primarily on the adverse econornl.c effects of, the Israeli occupation on the
nt sovere tional resources
8I-29791 0120b
A/36/648
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neighbouring Arab states. The present report, as requested by the Assembly,
emphasizes the effects of rsraeli in occuSntion on the occupied territories themselves the context of the provisions of paragraph 2 of resolution 32/L6L, although the Iast of those provisions refers to the full irnpact of the occupation on the
developnent process of the neighbouring Arab States.
3. Significant aspects of the topics dealt with in the present report have been
examined in the recent rePorts of the Security Council Corunission established under its resolution 446 (1979) to investigate the situation relating to the establishnent of Israeli settlenents in the occupied territories, including
Jerusalem, since 1967 (S,/13450 and Add. L, s/L3619 and S/L4269), the reports of the
Secretary-General on living conditions of the Palestinian peopl-e in the occupied Arab territories (A/35/533 and Corr.l and A/36/260 and add.t-g), the reSnrts of the
Committee on the fXercise of the Inalienable Rights of the palestinian people ! and the retrnrt of the Special Conmittee to Investigate fsraeli practices affecEing the Human Rights of the Population of the occupied Territories (A/34/63L).
4. with a view to facilitating the preparation of the present re;nrt and making it as conprehensive as possible, the seeretary-General addressed notes verbales to the Permanent Representatives of Egypt, Jordan, Lebanon and the Syrian Arab
Republic and to the Permanent Observer of the PalesLine tiberation Organization to the United tLationsr drawing their attention to the relevant @neral Assembly
resolutions and specifically to paragraph 2 of resolution 32/L6L. He advised them of his intention to send a mission to gather factual infornation to ensure a
balanced and objective view and requested that the Goverrunents should nake available to the mission the relevant infornation and any other inforrnation that
the mission might reguire. A similar note was addressed to the Fermanent
Representative of Israel to the United l'lations with a further reguest that the
mission should be permitted to visit the occupied territories in order to nake an on-the-spot assessment of the situation, The Governments of Egyptr Jordan, Icbanon
and the Syrian Arab Republic, as well as the Pernanent Observer of the palestine
Liberation Organization expressed their willingness to co-operate fully in the work of the mission. The Government of Israel replied that it could not associate itself with the actions called for by the Assembly in resolutions 341136 and 35lff0, citing the fact that rsrael had voted against them in the General Assembly (see appendix VII).
5. The heads of the Food and Agricultural organization of the United Nations
(FAo), the United Nations Educational, Scientific and CuLtural organizations
(UNESCO) r the l{or1d Health Organization (t{HO), the tlnited Nations Conference on
Trade and Ebvelopment (UNCTAD), the International Iabour Organisation (ILO), the
United Nations Industrial Develo;xnent organization (uNIDo) and the united libtions Relief and works Agency for Palestine Refugees in the llear East (uNRIdA) were also
contacted concerning the visit of the mission to their headguarters and were
requested to make available any relevant infornation.
L/ united titrations publications, sales l{os. E.?9.r.19, E,zg. r.2o, E.zg.r.2r
and E.78.I.22 and Corr.
A/36/648
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6. Ttto consultants were engaged to prepare up-todate the re;rort. In order to obtain information on conditions in the occupied territories, a mission was undertaken in August l98I consisting of a staff member of the Departnent of Technicar co-operation for f,bvelopnent assisted by staff menlcers fron the Ebononic oomnission for t{est Asia (EcwA). The missl.on visited Geneva for discussions with IIo, lfHo' tllrcTAD and the Division of Human Rights (secretariat for the special Cormittee to Investigate Israeli Practices Afiecting the Human Rights of the 2opulation of the occupied Territories). rn Beirut,, discussions were herd with officials of the covernment of r€banon, ECWA, tNDp, the united l{ations childrenrs Fund (UNICEF), the Palestine tiberation Organization and the Institute of palestine
Studies. rn Cairo, the mission met with officials of the lbrmalization Department of the Froreign Ministry of the Government of Egypt and the UNDp office there. rn
Annan' discussions were held with officials of the uinistry of occupied Territories of the Government of Jordan, the Palestine Liberation organization office there, the UNDP office and with several residents of the lrlest Bank who were in Amman at the time, including the mayors of Halhul and Hebron who had been expelled from the
occupied territories. rn Damascus, the mission net with officials of the Foreign Ministry of the Government of Syria and the uNDP office. In Vienna, the mission net with officials of uNrDo and uNRtfA and in paris with officials of UNESCo. The information gathered by the nission has been included in the report prepared by the consultants.
A/36/648
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AT\lNEX
Report of the consultants on the national resources in the
occupied Arab territories and the inpact of the ocqupation
on the develosnent process in the Arab Statesr, the occupied
tgrritories and on the people living there
Paragraphs
COMTENTS
I. INTRODUeTION ..........
II. THE OCCUPIED TERRITORIES ..orrio
III. NATIONAL RESOTJRCES OF TTTE OCCUPIED ARAB TERRITORTES .......
A. Natural resources ..... .....
B. Iluman resources . o...
C. Econornic resources ,....
D. Infrastructure resources .....
E. Cultural resources and values ...
IV. IMPACT OF THE OCCT,PATION ON TEE DEVEI,OPI.{ENT PROCESS IN
TIIE ARAB STATES, THE OCCUPIED TERRTTORTES AND ON t'HE PEOPLE
tIVIhG TITERE .....
t
5
10
10
23
32
43
46
4
9
52
22
3I
42
45
52
Page
3
4
5
5
I
1t
L4
14
53-70 L7
APPENDICES
f. Table 1: Water consumption in Israel .....
Table 2: Consunption in tbe West Bank and fsrael o.....
Table 3: Israelrs available water supplies
If. Table 1: Population of, the West Bank and Lhe Gaza Strip and
Northern Sinai
Table 2c Employment of professionalr academic and adrninistrative
workers
23
24
z5
26
27
Table
table
3:
4t
Employment of clerieal, sales and service workers ........... 28
Employment of agriculturalr skilledr and serni-skilled and
unskilled workers ......,... 29
^E/n3g6l/i5s4h8
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CONTENTS (continued)
Page
III. Tab1e: Enployed persons' by selected econmic branch and place of
of work . o... ........ 30
rv. Table: Agricurtural output in the west Bank and Gaza strip ......... 3r
V. Tab1e: Structure of industry in the West Bank and Gaza Strip....... 32
VI. Tables Distribution of village infrastructure .......... 33
VII. Tabler Reply dated 3 August 1981 from the Permanent Representative
of Israel to the United Nations to a note verbale of the
Secretary-General uated 22 June 1981 ...... ............. 34
A/36/64e
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I. INTRODT'CTION
1. The consultants have interpreted national resources to conprise resources in
the naturatr human, economic, infrastructural ana cultural fields. These have been
examined in the context of the effects of the occupation on their developnent'
conservation and use for the benefit and welf,are of the people living in the
occupied territories. Losses have been computed in nunerical terros to the extent
that statistical data from various sources ryere availabLe. At other times losses
as well as constraints to the developnent and use of the resources have been
derived f,rom information contained in various reports and documents that were
available to the consultants and the information gattrered in the course of the
mission to the neighbouring Arab States, E€WA an<i other concerned agencies of the
United tilations systen. Information received up to 30 Septenber 1981 has been taken
into account in the pregmralion of the report.
2. Section II of the report attenrpts to identify the occupied Arab Territories
and their main characteristics, and sect,ions III and IV contain an analysis of the
national resources and the impact of the occupation on the development process in
the Arab States, occupied territories and on the people living there. It should be
noted that no statistical data were available for East Jerusalem and the Golan
Heights, in contrast to the data for the west Bank and the Gaza Strip and tilcrthern
Sinai as published in the statistical series issued by the Government of Israel.
Economic and social data and information in respect of East Jerusalem and the Ciolan
Heights have, thereforer been gathered from secondary sources. Data on the Sinai
have been taken into account only to tbe extent that they are included in the
Israeli statistical series under oAdrninistered Territoriesr.
3. F'uII co-operation was extended in the preparation of this report by the
Governments of Fgypt, Jordanl Lebanon and the Syrian Arab Republic as well as the
Palestine Liberation Organization. FulI co-operation was also received from the
heads of the specialized agencies contacted and the organs and units of the United
Nations concerned with Lhe Palestinian guestion. The refusal of the Governrnent of
Israel to permit the nission to visit the occupied territories has, however,
deprived the nission of a primary source of infornation. It has, thereforer been
necessary to rely on informatlon and data supplied by the Governments of the
neighbouring Arab Statest the Palestine tiberation Organiaationl intergovernmental
booies and organs and specialized agencies of the United Nations systeml research
organizationsl specificalty the Institute of Palestine studies, and on material
published by Israe1 and in books, periodicals, journals, the preas and other
publications dealing with the situation in the I'liddle f:ast and in the occupied
terr itor ies.
4. The consultants have nacje extensive use of the information in the reports of
the Security @uncil Comnission estabLished under resol"ution 446 (f979), of the
Special Committee to Investigate Israeli Practices Affecting the ltuman Rights of
the Population of the Occupied Territories, publi.cations of EC?{A and reSrorts of
IJNtrUilA, UNESCO, ILO, WHO, UNIDO, UrcTAD and I,NDP. The consultants have also used
the reports submitted by the Governrnent of, Syria and the Palestine Liberation
Organization.
A/36/648
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II. TTE OCCUPIED TERRITORIES
5. Ttre Arab territories under occupation by .Iune Israel after the hostilities of 1967 comprised the following areas:
(a)
(b)
(c)
The blest Bank of the river Jorcran, incruding East Jerusaleml
the Gaza Stript
The Sinail
(d) The Golan Heights.
6' The west Bank is an area approximately 51540 square kiloneters lying to the west of the Jordan River. Although it is predoninantly rural, it contains distinct urban concentrations, such as Ramallahr Nab1usl Hebron, fulkarur and Bethlehen, each of whicn hao populations of over 101000 at the time of the Israeli occupation in 1967. East Jerusalern, including the Old City, housed around 1001000 Arab residents, anlong others. Since 14 August L967, the Government of Israel has applied rsraeli law, jurisdiction and adrninistration to the area and has egualized municipal and social services in it with those of the rest of ilerusalem. on 30 JuIy 1980' the Knesset adopted the tilerusalen Basic IawD which declared that
'rlntegral and United Jerusalem is the Capital of Israeln.
7 ' The Gaza strip is an area of about 367 square kilometers forrning part of the
Ittediterranean coastal ptain and extending souehward towaro nore arld aieas of the sinai Peninsula. rt incluoes one najor city, Gazat the large town of Khan-yunis
and several large refugee camps. The Strip was administered by Egypt fron the tirne of the cease-fire in 1949 until the rsraeli occupation in June Lg61.
8. A part of tne Sinai has been returned to fbypt, and the remaincer is to be
hancied back to Egypt by April 1982 under the teims of the peace treaty beth'een
Egypt and Israel signe<i in April L979. In view of these develo;rmentsl conditions in the Sinai are not discussed in cietail in this report.
9. The Golan Heights comprise the extreme eouthwe$tern part of Syria overlooking
Lake Tiberias (sea of Galilee) and the upper Jordan River Valley. Ihe area
occupie<i in 1967 inclucied the city of Quneiera. A part of this area, including
Quneitra, has since been returneci to Syrian civil administration, under the terms of the 1974 Agreement on Disengagement Between Israeli and Syrian fbrces
(s/LL302/Add.1, annex r)' The rest of the area remains under rsraeli occupation.
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III. NATIONAIJ RESOURCES OF THE OCCUPIED AR,AB TERRITORIES
A. Natural resources
1. Land
10. The basic natural resource of the occupied territories is land. The total
area of the hlest Bank, as noted earlier, is 57440 sguare kilometers . The West Bank is generally rnountainous with a relatively high Level of rainfall, The totaL
length from north to south is 127 kilometers, and the average wioth is about
40 kil.oneters. In the lrlest Bank as a whole, roughly half the total land area, or
approximately 2.8 million dunums, is suitable for sone type of agricultural use.
Of this' only about one nillion dunums can be considered high-quality agricultural
land, while the remainder is in mountainous ar€as suitable primarily for extensive
curtivation of orive trees and vineyards anc for use as pasture. 2/
11. Actua1 land use in the west Bank appears to to have undergone a significant
change since the Israeli occupation. Compared to a totaL of 2.8 mitlion dunums
under cultivation in L967, p/ only 2,1 nillion dunurns, or about 75 per cent of the
pre-occuPation total, was under cultivation by the rnid-I970s. c/ It appears that
three main factors have contribut,e<i to the loss in the cultivated area, namelyl
(a) Large areas have been nclosedr by the Israeli authorities for security
reasons and put out of productiong
(b) Iarge areas, rnore than 3001000 dunums by the enci of 1990, d,/ have been
appropriate<i by the Israeli authorit.ies f,or the establishment of new Jewish
settlements I
(c) Various difficulties and ingrdinents have maoe it difficult or impossible
for farmers to continue to cultivate their land.
L2. In aodition to the reduction in the amount of land under cultivation in the
llest Bank, substantial additional areas of J-and have also been removed fron the jurisdiction of the Arab inhabitants and the nunicipaL authorities since 196?. In
Z/ E. H. Tuma and H. Darin-Drabkin,
York, St. &lartinrs Pressr 1978), p. 55.
The Ebononic Case for Palestine, (New
p/ Statistical Abstract of Israel, 1969 (Jerusalem, Central Bureau of
Statistics, 1969), p. 640.
9/ H. M. Anartanir West Bank Agriculture: A New tpok (lrtablus, 197S), p. 9,
and B. van
Economies
Arkadie l since L967 (New Yorkr Carnegie Srdowrrentr 1977), p, LZg.
!/ Calculated from the report of the Security Council commission established
uncler resolution 446 (19?91 (51L4268, annex II).
A/36/648
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tlre llest Bank and Gaza strip together, a total of roughly at least 1.5 nillion dunums, or 25 per cent of the total land area, was requisitioned, confiscated or otherwise appropriated by the occupylng authorities between 1g67 and IgTg (A/34/53Lr P€l!d. I05). The process of lanct reguisition has continued since 1978, althougn precise infornation as to the area involved is not yet available.
13. Of the total area of 36? square kilometers ln the Gaza Strip, approxinately
55 per cent, or roughl-y 200'000 dunums, is suitable for agriculturaL use. nearJ.y half of this agricultural lanri ia irrigated. An additionil 60 square kilometers is at pr€sent used for settlementsr lncluding refugee camps, and for roads. llhe
remaining 100 square kiLometers consists prinrarily of sand dunes. As in the Ttest Bank, rsraeli settlements have taken a significant, proSnrtion of available agricultural land. As at the end of 1990, roughly 2Or00O dunums, or I0 per cent of
the total agricultural land in the Gaza Stripr had been appropriated by the rsraeli authorities for settlements lS/L42651 Eno€x II, p. IS).
14. Precise inforrnation on land use in the Golan Heights is not available, as this
area is under direct Israeli nrilitary sontrol. At the tine of the occupation, virtually all the $yrian population of the occupied area, as well as some 161000 Palest,inian refugees then living in the Golan Heights, were forced to leave. Since that' tine Israel has established at least 30 settlenents in the area, although it is not possible to calculate the total land area involved. In very general terns,
roughly 40 per cenL of the Qunietra district is considered to be suitable for agricultural use (A/32/204, table 12).
2. hlater
15- tbgether with land, uater is a basic natural resource for the inhabitants of
the occupiec Arab territories. Where the land is basically arid and water sources are limited, as in Israe1 and the occupied territories, tbe question of control of
water resources can become a major source of conflict. ?he region comprising Israel and the occupied territories is, for all practical. purposes, a single
ritater-resource area. There ar€ two basic sources of naters (a) the Jordan river
and its tributary systen, rlhich can supply water for approxinately
I.5 millj,on dunums of irrigated agriculturaL land and (b) a subterranean aquifer
system' which is currently supplying some 500 million cubic meters annually to
fsrael and I00 nillion cubic meters to the West Bank. In the Gaza Strip, an over-exploited subterranean aguifer provides roughly 100 nillion cubic meters
annually for agricultural use. g/
16. The ,lordan river basin forms a single hydrological unit, wiLh branches of the river system extending into L€banon, tne Syrian Arab Republicr ,fordan, (both East
and west Banks) anci Israel. Moreoverr Israel and the !{est Bank constitute a single
natural and geological region for the explod.tation of underground vrater in the
aquifer system and for the collection of surfaee run-off $ater. fn such a
e/ V. Bullr Tlre West Bank - Is. Xt Viable? (texington Books, 1975).
A/36/648
trtglish
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situation, the State controlLing the source of water supply and its subseguent use
has a Snwerful neans of determining the Level of economic activity of the area as a rhole. The water reaource situation of the West Bank, therefore, cannot be
understood without reference to the water situation in rsraer.
L'1. Current water use in the l{est Bank is estimated at 100 rnillion cubic meters
(MCM) annually of which 90 per cent is used for agriculture. ful In contrast,
Israel uses 11600 to 11700 MC!{ annually. Details of fsraeli water consumption are
sh'own in appendix I, table 1. As the table indicates, water consumption is considerably F.I_capita. higher in Israel than in the lrlest Bank.. Appendix f , table 2
highlights these differences.
18. The data also indicate that current Israeli water use is dangerously close to
the maxinum sustainable capacity of the Jordan river and the underground aquifer
systems. Since L97O ' Israel has been using more than 83 per cent of its proved
renewable rtater reserves, and average use in the past few years is close to
90 per cent of estimated capacity. . In view of the substantiaL annual variation in
rainfall, which can deviate as much as 23 per cent fron the norm in any given year,
the data suggest that the water balance in the region is in a precarious position.
Appendix Ir table 3, presents estimates of Israel's sustainable water use capacity.
19. Th€ pressure gn water resources available to the Arab inhabitants of the gtest
Bank is further increased as a result of use of water b,tr the Israeli settlenents in
the area. It is reported that these settlements currently use 15 MC[t of water per
year (about 5 MCttl for agriculture) and that future agricultural developments of
settl"ements may imply water use of, as much as 50 !4Ct{ annually (see S/14258,
foot-note 3l). It also appears likely that use of water within Israel will be
difficult to maintain at levels of l-ess than 21000 MCll by.the mid-I980s. Unless
substantial advances are made in the re-use of waterr it'appears inevitable that
Israel itself will exert further pressure on the already very limited amounts of
water being used by the Arab inhabitants of the trlest Bank. In fact, as a result of
Israeli actions already taken, the economic activity of a number of, Arab
inhabitants has already been reduced to a near-subsistence level, as water which
was available to then as of 1957 has been reallocated by the Israeli authorities
for the use of new Jewish settlenents or for Israelrs own use (see 5,/14268,
para. 198).
20. As mentioned earlier, the coastal zone aquifer ln the Gaza Strip area has a
Potential sustainable production of about L00 MCI'| annually. The high poputation
density even before 1967 had imposed severe strains on water suppLy in the area.
In the Light of new Israeli settlement,s established in the C"aza Strip, which are
granted preferential access to water by the Israeli authorities, the water
remaining for the use of the Arab inhabitants is even less, on a per capita basis,
then before the occupation. Increaeed use of, waler by the settlments wouLd reduce
water available to Arab inhabitants to dangerously low levels.
S/ Palestine NationaL Fund, \fater ltesources and blicies in the West Bank,., (n.d.), p. 4.
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2l' Ialith respect to the Golan Heights, prior to rsraeli consumption occupation in 1967, rrater h,as in the order of 12.5 l,[cl{, according to syrian authorities, for a population of approxirnatery 140'000. Most of the Arab popuration fled the area in L967, and the current Snpulation, roughly evenly balanced between the renaining Arab inhabitants and Jewish settlers, is betweet grooo and 12r000. current rsraeli plans call for an increase in the nunber of settlers in the area to J-0r000 by the end of 1981 and possibry to 501000 by 19g5. rn order to meet the water requirements of these new settlements {some 201000 of the 501000 prospective settlers wilt be engaged in agriculture) it is estimated that water consumption by
1985 may reach 46 MCM annually, nearly four times the pre-occupation level (see s/L4268r foot-noxe 27). such intensive use of vrater would clearly place pressure on the supplies available.
3. Itlineral resources
22' The principal mineral resources of the occupied territories are (a) building and const,ruction materials that have traditional.ly been used for local construction, and (b) the rich resources of potassiun and related minerals in the
Dead sea. Itegarding the construction-industry minerals, the local quarrying inoustry in the west Bank has been significanlly affected by the delays in approval of building permits on the part of the rsraeli authoritibs, by restrictions on the
exSnrt of conslruction naterials to other ttlidole East areas ano by fiscaL
measures. Regarding the Dead Sea resources, ilordan is undertaking an investment of
$us 450 million at safi at the southern end of the Dead sea for production of 1.2 million tonnes of potash per annun. The issue of the planned
Mediterranean-rlead Sea canal project, recently approved by the Israeli Cabinet, and its impact on the area has led to a reques! for the inclusion of an item on this na.lter in the agenda of the thirty-sixth session of the General Assembly (see
^/36/24L3r. tu/
B. Human Resources
23' lib authoritative population figures are available for East ilerusalem and the 6lan Heights. The figures in appendix ff, table lr refer to the population in the Itlest Bankr the C'aza Strip and Northern Sinai as given in the rsraeli Statistical Abstract, 1980' based on Lhe census taken after occupation in 1962. The total
9/ For
13 April I98I
addressed to
October 1981
addressed to
further infornation on the subject, see the letter datec
frorn the Pernanent Representative of Egypt, to the united Nations
the Secretary-General (A,/35 /L87-S/L4439) and the letter oated 2
f,rom the Pernanent Representative of rsrael to the united Nations
the Secretary-General (A/15/S7S-S/L47 L5't .
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population in those territories, at the end of L979, has been estinated at
LrL32'200, divided afunost equally between fenal.es and males and made up of the
following age groupsz U
Age group
0 - 14 years
L4-29 r
30-44 rl
45-64 n
65 and over
Pe_rcentage
45.5
28.9
r1.8
10.2
3.5
Pergeglgge
Femal-es Males
43.3 47 .9
27.8 30.0
l4,l 9.5
11.3 9.2
3.5 3.4
r00.0 100.0 100.0
24. It would appear that close to half of the population was in the non-production
age group, while rnore than another quarter was in only a preliminary stage of
contribuEing tb the economy. Less than a guarter of the population, in which
females predominated, haci to provide the main support for the rest of the
5npulation. Considering that the particilntion of fenales in the labour force is
low by custom and tradition as nell as due to the lack of, productive opSrortunities
in the occupied territories, the nain burden of earning a living, providing for Ehe
dependents and contributing to the eeonomy has fallen on a very small proportion of
the nale Snpu1ation in the territories.
25. of the ernployed persons, 35 per cent worked in Israel, i,/ indicating a
Potential loss of lnnporrer resources for the develotrxnent of the occupied
territories. Most of the work in Israel was in unskilled and semi-skilled jobs in
construction, industry and agriculture. While these jobs did enable the workers to
earn an income, very litt1e was avaiLable for investment purposes. Fror exampler at
1968 prices' the gross national product per capita in 1979 has been estinated in
the Gaza Strip and lforthern Sinai at 1107? Israeli pounds, while privat€
consurnption per capita has been estimated at 920 Israeli trnunds. Ttre figures for
the West Bank are.Lr632 and Ir341 Israeli pounds res1rcctiveLy. i-/
26. A significant characteristic of the enplolnnent pattern in the occupied
territories is the progressive decrease among those who normally provide'Ieadership
and dynamisn to developnent, namely, scientlf,ic and academic workers, other
professionalr technical and related workers, and administrators and managers.
V Statistiqal Abstract of Israel, L980, l{o. 3l (Central Bureau of
Statistics, Jerusalen), p. 678.
y lbid.r p. 596.
)/ .Is'', P' 681'
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Their numbers and percentage among the employees (wage and salary earners) and
employed (wage and salary earners and all self-ernployed) are givln in table 2. In appendix II, the Gaza Strip and lilorthern Sinai, the proportion of those ernployed in
the scientific and professional categories fell frorn 8.8 per cent in I9Z2 to 6.6 per cent in 1979. In the $lest Bank, it fell frorn 8.7 per cent to 8.3 per cent during the same period. Lack of facilities in the occupieh territoriel for
advanced stuoy in these fields and lack of job opgnrtunities there are, no doubt,
two of the main contributory factors to this progressive decrease. Because of the
Iack of employment oPportunities, those who go abroad for further study do not
usually return.
27. The protrnrtion of those enployed in clerical, sales and service categories has
not registered any significant increase over the years except in L9?7r as indicated
in appendix II, table 3. It has renained around 20 per cent of the total
employed. Lack of a Proportionate increase in these categories in the total number of persons employed reflects the effect of a stagnant econony, restrictions to
expanding wholesale and retail trading because of a licensing system for traders in
the occuBied territories to market the produce in Israel, and a signlficant
decrease in the tourist trade which has fallen froru a high of 841590 bed-nights in
1970 to 45,540 Ln L979. fu/
28. As appendix II' table 4 indicates, the protrnrtion of those employed as
agricultural,' skilled' semi-skilled and unskilled workere has shown a conslstent
increase in the Gaza StriP and lbrthern Sinair reaching close to three quarters of
the employed persons by 1979. In the west Bank, the protrrcrtion has ranged between
a high of 74.4 per cent in 1974 and 71 per cent in 19?7r with 1979 shoning an
increase of 1.4 per cent over L977. within this group, the protrnrtion of
agricultural workers has been fa1ling, while emplolznent among skilled and unskilled
labour has shown slight increases, rnuch of it at,tributable to expanding enplolment in Israel where in construction and industry it rose from 6G.5 trnr cent to
71.6 per cent of those employed in Israel between 1972 and I9?4 and fron 56.6 per
cent to 69.0 per cent between 1977 and L979. !1/ It is of interest to note that
emplofment of the people of the occupied territories in these categories and
agriculture and other emplolnnent fields has fluctuated with the Israeli economy,
and additions to the labour force of the occupied territories due to denographic
causes have been largely absorbed by the IsraeLi economy. As witl. be seen from
appendix III, tho€e employed in Israe1 increased from 52r4OO in L972 to 741100 in
L979, while those ernployed in the occupied territories increased from 1361300 to
1381000 during the sarne period. This is another indication of a stagnant economy in the occupied territories.
ts/ Ibid., p. 7L2,
y lbid., pp. 598
pp. 708 and 709.
tabl-e XrffII.34.
and 699 and Statistical Abstract of Israelr 1975,
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29. lbusing, health and education as aspects of hunan resource development in the
occupied Arab territories were examined in considerable detail in the report of the
Group of E:cperts on the Living Conditions of the Palestinian People in the Occupied
Territories submitted to the thirty-fifth and thirty-sixth sessions of the General
Assembly lA/35/533 and Corr.I and A/36/26A and Add.f-3).
30' A significant loss of manpower resources to the occupied territories has been
those who fled the territories or sere displaced fotlowing the armed conflicts of
1948 and 1967 and who have sought refuge in the neighbouring Arab countries. Stre
number of refugees registered with the United lsations Relief and l{orks Agency for
Palestine Refugees in the Near East (UNRlfA) at the eno of December 1979 living in
ilordanr Lebanon and the Syrian Arab Republic was 111361140 with a f,urther 6851793
living in the west Bank and Gaza Strip. n/ Frrrther losses of rnanpowerl mostly of
the technical and professional types, are incurred by the occupied territories as a
result of the annual emigration of many Patestinians of working age in search of
gainful empJ.oyment in tbe neighbouring Arab States and beyondr because of the lack
of jobs in the territories and in Israel eomnensurate with their education and
training. This emigration has been estinated at an average of 201000 persons per
yeac. gi/ Many persons nho have had to leave have been debarred from returning
under various regulations inrposed by the occupying power. Young people in search
of higher education have also left, the najority of then not returning to the
territories. These also constitute losses in terms of mantrrower.
31. So the losses of Palestinian trnpulation incurred by the tlest Bank and the C'aza
Strip as well as East Jerusalem should be added the Syrian population which fled
the Golan Heights and the Quneitra district during and after the 196? hostilities.
lltre trnpulation prior to the hostiLities has been estimated at 1401000 (S/L4628,
Para. 208), and the present estinated population varies from 12r500 provided by
Israel to the ILO nission to Israel and the ocgupied territories in l,larch L98L gl
and 81000 mentioned in the report of the Security Council cornmission.
C. Economic resources
32. llhe occupation has had profound effects on the dbveloSment process bt ttre
occupied territories in terns of their agricultural and industrial production,
pattern and terms of trade, foreign exchange resources and investment. Many of
these effects have been mentioned in the report of the group of experts on the
Iiving conditions of the Palestinian people in the occupied territories '{arzgS/Sgg,
annex I, paras. 22-25'l
V tNIU{A, Registration Statistical Bulletin for the fourth guarter L979,
(February 1980), tabJ.e 1.
s/ Report of the Dlfgctor-Gen.eral, International Labour Conference,
sixty-sixth session (@nevar International Iabour Office, 1980), appendix III,
trnra. 84.
9/ IEig.' para. 24-
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33. The available data from Israeli sources show an aggregate increase in
agricultural output, including output of the Israeli se-ttlements. The increases in
output in guantitative terns are given in appendix IV. It would appear that the
most conspicuous increases occurred during the early years of occupatlon. Ttris can
be attributed to the new technologies introduced by the occupying authorities in
the form of new eguipment, more intensive use of fertilizer, more effective methods of irrigationr new methods of production, better seed and wider use of pesticides
and insecticides. There has not been much change in output during the period
L976-L977 and 1978-L979.
34. Informat,ion available from r4arious sources indicates that there has been
considerable change in the mix of agricultural products. TLre changes have been
directed towards eliminating those items which conpete with Israeli products of a sinilar kind and introducing new itens which would provide raw materiat for the
Israeli processing and manufacturing industries. Cases in point are the fall off
in the production of melons and punpkins in the occupied territories which compete
with those from the Negev and the introduction of tobacco and sesame as fieLd crops
as weII as selected varieties of vegetap.les for processing in Israel: A consequence
of the modernization of the agricultural sector by the occupying authorities is the
market, that has been created for the Israeli industries which have a monopoly in
the supply of the inputs, namely, machinery and other equipnent, fertilizer,
pest,icides, etc. (see Arl35/533, annex I, para. 38).
35. As regards industryl there is no evidence of any significant structural
changes ouring the occupation that would make the sector a dynamic contributor
to the development process of the occupied territories. apgnndix V gives the
structure of industry as it existed in 1979. It would appear that in the t{est
Bank, 91.6 per cent of the industries enployed less than 8 persons with the maximum
number in the category enploying 2 to 3 persons. In the Gaza Strip and Northern
Sinai, 88 per cent of the industries employed less than 8 persons with the maximum
number in the category enploying 2 to 3 persons. In the West Bank, industrial
establishments not engaging employees constituted 43.1 per cent, while in the Gaza
Strip'and titcrthern Sinai it was 46.5 per cent.
35. The industrial establishments in the occupied territories have had to function
in the face of keen competition of sirnilar products from more sophisticated and
technologically ailvanced establishments in Israel, which have an open market in the
territories. There is evidence to indicate that more and more of the snall
establishments in the territories are able to function onJ,y because of the jobbing
orders they receive from Israeli industrial enterprises, particularly for such
products as garments and other textile products, construction materials and metal
and plastic fabrications.
37. A recent phenomenon which could have adverse consequences for the growth of
the industrial sector of the occupied territories is the estabLishrnent of
industrial plants and complexes in the Israeli settlements in the l0est Bank, the
Gaza Strip and the @lan Heights. According to Dr. Bassam Sakat, Director of the
Economics Department of the noyal Scientific Society, Jordan, the Arab enterprises
had been financially hurt as a resul.t of the closing of all Arab banks in the
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occupied territories. llhe Israeli Government lent industrial continuous supp,ort to IsraeLi enterprises, naking Arab industries less contrntitive and eroding their ability to survive (see s/L4628r p.lE€ls. 67 and 2251. rhe industrial estabiishments in t'he Israeli settlements are assured of government support, provided with
incentivest they can command financing fron rsraeli banks and are able to conmence
operat,ions with more modern technology, advantages which are not available to the
Palestinian entrepreneur .
38. The occupied territories have witnessed a dramatic change in their pattern and direction of trade as well as in its terms. l{hereas prior to 196? the West Bank
and the @za StriP had no trade relations whatsoever with fsrael, the latter has
become the nain trading partner, accounting in 1979 for 64.1 per cent of the total
value of exlnrts from the occupied territories and 88.0 per cent of that of inlnrts.
39. &<ports comprise not onLy those intended for IsraeL but also for other
countries having trade relations with Israel to which the llest Bank and Gaza Strip
producers and their organizations are debarred from exporting directly. srports
are permitted to ilordan and through it to other Arab countriesr subject to a
requirement by the irnporting countries of a certificate as to the origin Of the
product, namely, the West Bank or the Gaza Strip. The @za Strip has been able to
export directly to certain East European countries not having trade relations with
Israel. Eb(ports to and through Jordan to other Arab countries are a valuable
souree of convertible foreign'exchange earnings for Israel. In 1979, they earned
the equivalent of 2t185.1 million Israeli gnunds. Exports to other countries,
nainly fron the Gaza Strip, were valued at 251.,3 million Israeli lnunds. Exports
to Israel were valued at 4,367.2 nillion Israeli Snunds.
40. InPorts into the occupied territories from Israel comprise not onl.y producLs
of Israeli origin but aLso those from other countries having trade relations with Israel. These are subject to Israeli import duties. In L9t9, inports from and
through Israel, were valued at 12r331.3 million Israeli trnundsl irntrnrts from Jordan
were valued at L27.3 nillion Israeli trrcunds1 and from other countries at
1r553.0 million Israeli pounds. Etor 19?9, trade with Israel registered a deficit
of 7 1963.5 million Israeli pounds. Trade with ilordan had a surplus of
21057.8 nillion rsraeli pounds, and with other countries a deficit of
I,301.8 million Israeli trnunds. B/
41. nro pertinent observations can be made on the basis of the above analysis.
The flrst is that much of the wages earned by workers of the occupied tetritories
employed in Israel is returned to the Israeli economy through the purchabe of goods
and services originati.ng in Israel. The second is that foreign exchange'to the
value of 21057.8 roillion Israeli pounds accrued to the Israeli economy in I9?9r
which, if not for the occupation, would be available to the producers of the
p/ Data in paragraphs
lpstract of- fsrael, , p.
48, 49 and 50 have been computed from the Statisticat
685.
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occupied territories. This, together with transfers to private persons from abroad
amounting to 2'036.0 rnillion fsraeli pounds in 1979, g,/- constituted a considerable
addition to the foreign exchange resources at, the disposat of the Israeli
author i ties.
42. Given the option to use tbese foreign exchange earnings and remittances from
abroad at their discretionr the people in the occupied territories wouLd have had a
wider range of technologies and services for inproving their agricuJ.ture, industry
and living condi.tions. Under the prevailing conditions of occupation, however,
they have no choice but to rely on what can be provided through Israeli sources.
The uncertain conditions under which they live, the restrictions imtrnsed on the use of their resources, the disincentives to improving their econony in terrns of its
contribution to a viable and dynarnic. society and the absence of any kind of
involvement in the development process, a1l these have led to a situation where
disSnsable resources after neeting consumption needs are expended nostly in private
residential building rather than income-producing activities.
lr D. Infrastructure resources
43. In broad terms, infrastructure for development includes basic transportation
and power-supply systems and such prerequisites for develotrment as housing. After
the Israeli occupation in L967, housing construction activity in the vfest Bank fell
drastically, creating a severe shortage and leading to high rents and
overcrowding. At present, more than 50 per cent of the lrlest Bank Arab population
live in conditions where the density is more than three to a roon.
44. A report prepared for the Economic Commission for tfestern Asia (E€rfA) also
notes that dilapidation of existing housing supplies in the l{est Bank has created
further problerns. r/
45. The housing situation is aggravated by the general problems of provison of
infrastructure. tlost villages still lack adeguate connexions to nater supplies,
eLectricity, and to highway transportation networks, as indicated in aptrnndix VI.
' 8. Cultural resources and values
46. The most severe impact of the occupation in cultural terms has fallen on the
Arab Snpulation of Ebst Jerusalem. Fragmentation of the Arab conrnunity living
there has taken pl.ace physically by the establishment of ,fewish residential
quarters and settlements in the areas appropriated by the Israeli authorities. lltre
g/ rbid., p. 683, table XrffIIr/9. i
t/ B. Abu-Kishk, rHuman Settlements: problems and social dirnensions in the
lfest Bank and Gazatr. (EqtA, Beirut, l98I).
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educational systen has been changed fron the prevaiLing ilordanian to the Israeli
system, and the Israeli curricuLum and textbooks cuLtural have been substiluted. Social, and strnrts activities among the Arab residents have been discouraged. The circulation of a large nunber of, books has been prohibited, and entry has frequently been refused for books and publications dealing with Arab culture and history. The authorities have renamed Etreets and sites in Bast .ferusalem which
are of, great religious and historic interest to the Arab and MosLem peoples. These
and other instances affecting culturaL values and the heritage of the palestinian
people have been documented in the report dated !{ay 19?9 submitted by the Hashenite
Kingdom of Jordan to the Security Council conunission established under CounciL
resolution 446 (1979).
47. @nf licts have occurred between the Pal,estinians, on the one hand, and the
Jewish connrunity and the IsraeLi authorities, on the other, over the property of
and rights to Al-Haran AI-Sharif containing rslanic sanctuaries and excavations in
and around these sancturiesl the application of Israeli lay to !{uslin religious
affairs in East JeruEalent and over the use of the Ibrahim ltlosgue in Hebron (see
S/13450, Add.I' paras. 63-76, 89-93 and 112 and S/L4268r annex I, paras. 5 and 16).
48. Instances have been cited in various contexts of attempts on the part of the
occupying authorities to restrain the develotrnrent of cultural values and resources of the Palestinian people living in the occupied territories and their transmission
to the younger generation through the press and the educational media. In
lbvenber 1980, the Bir zeit University was closed for a week af,ter the students
began a 'Palestinian V{eektr y' celebration on campus without obtaining permission
from the authorities. In another case, the Secretary-General of the Union of
Palestianian Artists and Painters addressed a statement to the twenty-first GeneraL
Conference of uNESCo, convened in Belgrade in 1980r in which he had mentioned a law
enacted
by the occupying Power to the effect that any Palestianian found singing a
national hyuur wouLd be arrested and imprisoned for five years or flned a sum of
20'000 Israeli pounds. tle had also cited cases where exhibitions of paintings had
been raided, sone paintings confiscated, and the closure of the 79 @llery, an
institution sPonsored by the local PaLestianian artists and painters for developing
their art and culture.
49. The Jerusalen hst of 2 February 198I reported that the !,tilitary
Mninistration had banned the distribution ln the nest Bank of a number of books
recently published in lcbanon, ilordan and Egypt. Libraries, bookstoresrand schools
were warned to neither sell nor use those books. lloreoverr according to
infornation provided to the mission, the police raided several public libraries as well as Libraries in schools and institutions in the West Bank, confiscating the
books which were said to contain ninsulting passages towards the State of Israel
g/ Uildfe_-Egst lourggl, Spring 1981, vol. 35, No. 2, Chronology of Errents, pp. 209 et seq.
/...
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and the Jewish people and others that constitute inciternentl. According to further
information provided to the mission, Israeli forces conducted a raid and search of
the Al-Njah university library. The Jerusatrem post of i rebruary l98l also
reported that, the municipalities of RamalLah and EL-Bireh had been ordered to
remove cloth maps of Palestine that hung in the mayorsr chambers. RefuEal to do so
would result in prosecut,ion, the authorities had said. Renoval of the maps was
ordered, it was rep,orted, because they lacked the title of istate of Israelt.
50. The rePort of the Director-General of UNESCO (2O C/LL3') I olr 6 fact-finding
mission which visited tbe occupied territories in'l'bvenrber-Decernber L977 mentLons,
regarding cultural and educational aspects in the occupied territories, that books
are censored by the deletion of poetry or prose deemed to be patriotic by Palestinians. In many books the indication of the place of origin (ilordanian
l4inistry of Education, for exarnple) is replaced by tiest Bank Military Cornrnand, in
Hebrew and Arabic. As regards books on history and geography, there were
incomplete rnaPsr biased views towards events relating to the region or to the
neighbouring Arab countriesr and the aLnost systenatic replacenent of iPalestine'
by rrlsrael". The Israeli authorities did not trnrnrit the establishnerit or reopening
of arts centres and cultural clubs which were too readily considered to be ohotbeds
of rebellionn. The censorship manages to reject certain works of fundanental
imtrnrtance to Arab culture ranging from poets and prose writers of the second and
third centuries of the Hegira, to the works of Arab poets of the earJ.y twentieth
century on the grounds that they constitute incitations to violence.
5I. llhe relnrt further states that festivaLs and exhibitions require the prior
authorization of the military authorities and are sometimes forbidden at the last
moment even when an authorization has been obtained. IbLklore is also censored for
security reasons invoked by the Israeli authorities. In a general conclusion the
report mentions, inter aliar that the censorship, as practised at the tirne (L9771,
restricted the ProsPects of young Palestinians in the occupied territories by giving them a distorted inage of their cultural heritage and making it difficult
for them to have reasonable access to the Arab world of today or the contemporary
world in general.
52. Further constraint,s to the acquisition by young Palestinians of a sense of
cultural values and of their heritage relate to the deletion of material in
text'books which wotrld engender patriotic and national feeling, banning geographical
atlases in which the name and maps of Palestine appear, and adoption of methods of control over the contents of curriculum courses in academic institutions.
Many textbooks of Arabic history, culture or trnlitics are banned on "security"
grounds. !/
V nMeasures taken by the
Curriculatr, The Corunittee for the
Occupation, Beirut, Lebanon, L979
Israeli Occupation Authorities to Change School
Def,ense of Palestinian Hunan Rights under fsraeli
(mineo), p. 3.
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IV. IMPAST OF THE OCCUPATION ON THE DEVELOPMEI.IT PROCE.SS IN THE ARAB
STATES, THE OCCUPIED TERRIIORIES AND ON THE PEOPLE LIVIISG THERE
53. TLte Palestinian refugee and displacgd trnpulation living in Jordan, Lebanon and
the syrian Arabic Repubric, nunbering 111361140 at the end of L979r has
necessitated the deployment of resources by the Ciovernments of those countries to
supplement, the resources provided by UNRI{A, which were mainly in the areas of
shelter' education, training and health and in the distribution of dry food
rations. Etor example, the Government of Jordan has provided the camp sites with
water and bears the cost of providing it to then. It has also had to increase the
budgets of such ministries as Education, Health. Social Affairs, Iabour and
Development and Reconstruction to help neet the needs of the refugees and displaced
Persons. The Government of the Syrian Arab Republic has had to make proyision for
the rehabilitation of its population that fled the Golan Heights and Quneitra district. The Goverrunent of Lebanon has had the continuous problen of coping with
the needs of the Palestinian groups and its own citizens affected by violence in
the area and by Iiraeli action. It is dif,ficult to estimate the quantum of
resources so deployed by each of the concerned Governmentsr as data directly
attributable to the alleviation of the conditions of the refugees and displaced
persons in each of the countries are not readily available. ltrowever, it can be
assumed that they are considerable because of the increase in the trnpulation of
refugees and displaced persons and the inadeguacy of UNRS|A resources to meet all
the needs. It is clear that the develotrmental prospects of each of these countries
has been adversely affected by the inabllity to reach a just and equitable solution
in the area.
54. The inpact of the occupation on the developnent process in Eglpt has been
examineci in considerable detail, in terms of adverse economic effectgr in the
Secretary-Generalrs reSnrt lA/32/2O4r pnr?e..58-109). Since then, Egypt has
regained control over the oit fields at Abu Rudeis and over a part of the Sinai
including the capital and human resoutrces of the town of El Arish as well as water
and other natural resources in the area. In the area under occupationr there are
some 28 water wells, According to the Egyptian authorities, the condition of these
wells as well as those returned earlier has yet to be assessed, particutarly in
terms of the effect of Israeli occupation and establishment of settlements.
55. The irnpact'of the occupation on the development process in Jordan has also
been examined in the Secretary-Generalrs report (A/32/204, paras. 137-161). There
is no reason to believe that incorne and production losses incurred by $ordan
through the loss of control over the West Bank and East ilerusalem, whiih accounted
for some 35 to 40 per cent of domestic production before the June 1967'war, have in
any way since diminished. Under the regional development trnlicies of the
@vernment of ilordan prior to June L967, the llest Bank was being developed as the
main source of agricultural production ln the Kingdon. Since the war, although the nopen bridgesn policy of the occupying poh'er has enabled ilordan to import
agricultural products from the Ylest Bank and Gaza, it has had to do so under the
constraints of selected items al-lowed to be exp,orted and the taxeE irntrnsed on then.
A/36/648
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56. The Syrian Arab Republic has continued to incur losses to her nationaL economy
caused by the Israeli occupation of the GoLan Heights whi-ch1 prior to ttre ilune 1962 war' Ytas retrnrted to have produced between 9 and 11 per cent of the total
production of Syria (s/L3450/Md.I). The capltal and income Losses incurred by
Syria resulting fron the 196? and L9?3 wars are extensiveJ.y examined in the
secretary-GeneraLrs retrnrt (A/32/204, paras. 110-136). rn a recent report
submitted by the Goverrunent of the Syrian Arab Republlc in connexion with the
preparation of this report, it is indicated that the eontinued occupation of the
Golan Heights has resulted in revenue and investment losses estimated at an annual
average of 235 million Syrian lira and a cumulati-ve- loss of approxinateLy
3'525 tttillion Syrian lira up to the end of 198I. l1re cost of reconstructing and refurbishing the nosques and religious properties in grneitra has cost l0 rniuion
Syrian lira. Damages to nosques and religious properties in the 150 vitlages in
the Quneitra district have been estinated at 75 rnilLion Syrian lira. Cultural
losses are rePresented by the destruction of the Cultural Center in euneitra and
monunents and historic buildings of the Romanr Byzantine and Ottoman periods in
such places as Massarahr Bania and the historlcal hills around euneitra. Incone
losses fron the museums destroyed during,Qhe 1967 and 1973 wars have tiben estinated
at $12 nillion per annum.
57. In Lebanon, the situation that has developed cannot be separated from the
wider developments in the area, including the occupation of adjoining Arab territories since L967. The destruction caused to the Iebanese economy, not least
in the south, and the need to relocate and rehabilitate the affected trnpulation,
has adversely affected the developnent process in that country.
58. To assess the impact of the occupation on the development process in the
occupied territories is to recount the adverse circumstances that have occurred in
the lives and work of the people there in terms of loss of control over their
resources and developnental options, the practice of their religion and developnent
of their culture, and restrictions on the freedom of association, of e:rpression and of movement. llhese have been comnented ugnn in the preceding part of this report.
59. In addition to the above-mentioned circunstances hindering the developnent
procesE in the occupied territories, a fen other conseguences need to be nentioned.
Ebreiga_eiq_as a stlnulus for development
50. In the circumstances in which the occupied territories find thernselves, the
infusion of outside resources to inprove the economy and living conditions of the
people is of Paramount imp,ortance. At the Baghriad Summit of 1978, the Arab States
established a special fund to channel resources to developnent projects in the
occupied territories, and it was to be adrninistered through a joint
Jordanian-Palestinian conmittee. The flow of these funds has been progressively
curtailed by the occupying Power through various administrative measures and policy
directives. lrhese have been docurnented in other reports submitted in response to
General Assembly and Security Council resolutions and those of the governing bodies of other United l[ations organs and the special.ized agencies. According to
PaLestine Liberation Organization sources, $US 150 million was to be transferred in
v36/648
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1981 for developnent Projects in the occupied territories. In the past, approval of the rsraeLi lrlllitary Mnrinistration had on occasion been granted, although often after considerabLe delay, on satisfylng certain conditions such as the consultants,
the site, the specifications and the purposes for which the foreign resources would
be used. Since August l98L' the transfer of these funds has been prohibitedr as
rePorted in ll--!3;igg of 7 August J.981. vlhile the oecupying lnwer asserts that the restrictions inp,osed are to ensure that the funds are used for the specific
developnent project and not for subversive act.ivities, the Palestinians in the
occupied territories view these restrictions aE part of a strategy to erode the
econonic, industrial, educational and infrastructural'base of the territories and
thereby provide a further reason for Arab enigration fron the area.
61. Ortside resources have also been made avail.able through nultinationaL
channel.s. For exanple, under the nandate of General Assernbly resolution 34/L33,
the United llations Develotrxnent Progranune was to initiate a wide range of
developnent activities in co-operation with other organs and agencies of the United
tilations system. Eighteen proJects at an estinated cost of $US 3.5 mlllion were
approved by the Governing Council by its decision 79/Lg and endorsed by the @neral
Assembly. Agreement in principle with aLl interested parties had been reached for
a nore precise identification and fornulation of lL of the t8 projects, 10 of which
ttere to be in the lfest Bank and Gaza and L in the Syrian Arab Republic. As of
t'tay 1981, three of the projects were under inplementation and two nere to commence
irnplementation by I iluly 198L (see DPl514).
62. The Governing Board of the United tr&ations Industrial Developrnent Organization
approved at its twelfth and fourteenth sessions the following projects in the
industrial field as assistance to the Palestinian peopJ.er
(a) Survey of the nanufacturing industry in the lfest Bank and Gazal
(b) Training in industrial developnentl
(c) Ireasibility study for a cenent plant in the l{est Bankl
(d) Feasibility study for a canning plant for citrus fruitsl
(e) Assistance to the plastics industryl
(f) Assistance to the pharmaceutical industryr
(g) Assistance to small-sca1e industries and workshops.
Ercept for the project on training in lndustrial develotrmrent, no proftreEe had been
nade' as at February l98l' in the others, which are non-training projects, as
accesa to the Tfest Bank and Cnaza had been denied by the occupying Power. g/
y/ See UNIDO docunent ID/B/C.3/97 submitted to the fourteenth session of, the
Permanent @mnittee of the Industrial Board and document TD/B/255 subrnitted to the
fifteenth session of the fndustriat Board.
/...
A/36/648
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63. There are a number of international non-governmental organizations working to
alleviate the economic and social conditions of the peoplg in the occupied
territories, for examplel Catholic Charities, American lbar Bast Refugee Aid
(ANERA) and Comnunity tbveloprnent Floundation (CDf). They constitute another source
for channeling much needed foreign aid to small projects directly beneflting
fanilies and conmunities in the territories. ft would appear that new rules have
been issued restricting the inplementation of such projects where the active
participation of l{est Bank inhabitants is reguired and pronpted (Community
Developnent projects) rhile such restrietions do not apply to such projects where
t{est Bank inhabitants serve essentially as consumers of supplies and services
delivered to them. Howeverr upon r.eguest fron the Industrial Development Board,
UNIDO is actively involved in identifying new projects which may be implenented to
assist the Palestinian trnople.
Egonomic and financi
64. The interdependence that is being progressively created between the economies
of the occupied territories and Israel iq.having irrevocable effects ofi the
development process in the former. while agriculture has benefited in terms of
productivity and product rnix, specialization of production has been directed
tor.rards supplementing agricultural production in Israel and the needs of Israeli
agro-industries. Various persons knorledgeable of conditions in the occupied
territories mentioned to the mission that agricultural research is discouraged in
the l{est Bank and Gaza. llhat has been established there are denpnstration centres
to propagate results of research carried out in Israel. Under the present
circumstances, in which the agricultural sector in the occupied territories is
unable to respond to market conditions in production and distribution in which
agricultural programming and the establishment of priorities and marketing of
produce are in the hands of the MiLitary Mministration and in which farmers have
to rely entirely on Israeli sources for the inputs, there is inadequate incentive
to develop an agricultural base that will neet the needs of the trnople in the
territories and of markets abroad.
65. The present circumstances are not conducive for the develolment of a viable
industrial base. Activity in the industrial sector hasr for the most part, come to
rely on orders placed by Israeli enterprises on sub-contract or to supply materials
to then. Because of the free entry of Israeli manufactured. goods into the occupied
territories, there is little incentive for the local industrialist to improve his
product or expand production. He is further harnpered by the lack of sources to
finance research and developnent and modernize his plant.
66. Trro other constraints to the agricultural and industrial develotrment in the
occupied territories are the establishment of new Israeli settlenents and the lack
of long-term and short-tern development planning. As regards the fornerr the
settlenents are engaged in agricul.tural and industrial activities. iltrey are in a
preferential trnsition. Their products compete with those of the local producers in
the occupied territories who do not have conparable advantages in the form of
subsidies, incentivGsr cE€dit facilities and landr water and energy use. The lack
of long-term develotrment planning to give focus and direction for the devel-ognent
of the occupied territories iE a princignl cause of the stagnation of the economy.
A/36/64e
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It has irnpaired the systematic development of ttre econony, including financing,
investment in productive activities and nanpohrer planning, which would be viable and self-generating for the benefit of the peopJ.e in the occupied territories.
67. A serious impediment to deveLotrxnent' impulses in of the territories is the absence a financial infrastructure to mobilize savings and provide for investment capital. After the occupation in L967 t major ,Arab banks nere closedr dpd significant assets and liabilities were transf,erred out of the area, Ttre Military
@vernment' adninistering the area Snrrnitted Israeli banks to open branches. These
banks have not comnanded the same measure of confidenCe of the savers and investors
in the territories. operations have been ninimal and restricted to transactions
involving the settling of accounts through rsraeLi banks, such as transactions nade with Israeli or foreign firms. The more vital functions of providing services for
develo;ment have been severely J"imited. Credit obtained from the banks, which is
Iimited and high cost, is usualLy obtained for operating expenses. Litt1e is used for capital investnent' whieh is usualLy financed from current earnings of the
enterprises or remittances fron abroad.
58. Because of the instability of the Israeli monetary unit as a result of recent
high rates of inflation, there is little inclination on the part of the residents of the occupied territories to accumuLate assets in that currency. Most of it is
sPent on current transactions and for purchase of consumption goods. !{herever
possible assets are accumulated, even for purposes of hoarding, in ilordanian dinars
which are convertible and which are available in the territories where they are
allowed to circulate alongside the Israeli currency. tfhere any returns on
transactions are available in Jordanian dinars, there is a preference among the
recipients in the territories to invest in developments in Jordan. Firns operating
in the occupied territories and having interests elsewhere, such as -in Jordan, tend to keep their operations in the territories !o a minimun. y/
Sovereigntv over nat,ional resourceE as an aspect of dgvelopment
69. Sovereignty over national resources is generally interpreted as the
prerogative of the people to deternine how resources will be developed, how they will be usedr conserved and preserved. These choices are normally rnade through
Snlitical institutions. According to the mayors of Halhul and Hebron interviewed
by the mission in Arunanr Palestine Liberation Organization officials and
representives and residents of the Vlest Bank who met with the nission; the highest
form of rePresentative government in the occupied territories is the nfrrnicipality,
which is restrnnsibLe for local affairs, except police functions, withih its area of jurisdiction. The municipalities, howeverr have been subordinated to the over-aLl authority of the Military Mrninistration, which has tended to control and lirnit
their decision-naking powers and use of their resources. Municipal elections were held in L972 and again in 1976 under the provisions of Jordanian law prevaiLing
y/ See IrlrcTAD report submitted to the twenty-third session of the Trade and
D'evelopnent Board (TD/B/8701 .
^E/n3g6l/i6s4h8
Annex
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before the occupation, lltrose of L976 brought to the f,orefront of rnunicitrnl
trnlitics representativesr including mayors, from the lfatipnal Front wbich supports
the Palestinian Liberation Organization. Since then, the poners and rightE of the
nunicipalities have been severely imlnired by decisions of the tlilitary
Adlninistration. The characteristics of Israell gnllcles have generalLy been to
reduce the self-financing capacities of nunicitrnlitiear to use financial grants
from the Military Adninistration to exercise political pressure on Arab mayors and,
in particularr to wlthhold funds frqn mrniclpalities governed by nayors considered
unsympathetic towards Israel and its trnliciee.
70. Infornation provided to the mipsion indicates that the niLitary authorities
had reduced the income from fuel taxes which are an intrnrtant source of revenue,
and in some cases withheld them, as in. the case of lfablus where the niLitary
authorities had taken over the coll.ection for the last tno years. llhe mllitary
authorities had ellrninated the share of the customs duties that used to accrue to
the nunicipaLities prior to the occupation in ilune L967. Instead, a new 12 per cent
excise tax was inSnsede which is not ehared wlth the nunicipalities. The nil.ltary
authorities also took over the granting of. building licenses. ltris hai resulted in
the elirnination of the license fee lncome accruing to the nunicipalities. At the
same time, this action has given the lnwer to the authorities to stop new building
activity in the municipali.ties. The municlpal elections whictt should have been
held in 1980 under the law have been posttrnned indefinitely. It wouLd appear that
the decision-naking powers of the people even at ttre level of the municipality are
being curtailed f,urther eroding their control over the national resources in their
terr itories.
al36/648
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APPENDIX I
Table I
!{ater consumption in Israel
Year
SotaL Donestic Industrial
(millions of cubic metres)
domestic
Population. and industriaL water (thousands) (litres oer davl
1958
LS'60
1965
L969
19 70
19 71
L972
L97 4
197s
L976
L977
1978
L979
Average
L 274
I 338
L 329
r 537
1 564
1 6s9
I 56s
I 56s
I s96
L 728
I 670
I 673
I 790
L970-1979
2 000
2 LL7
2 563
2 884
2 974
3 069
3 173
3 377
3 455
3 533
3 613
3 137
3 836
196
L97
199
23L
240
254
258
298
295
306
308
348
367
46
54
55
70
75
86
g7
97
94
95
91
94
96
332
325
272
286
290
304
307
3L2
310
311
303
" 293
306
ir Statistical Abstract of IsraeL, L97gt I9?8 and t9g0 editions, (Israel, Central Bureau of Statistics).
/...
N36/648
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Table 2
water consunption in the trlest Bank and Israel
(!{iLlions of cubic neters)
t{est Bank Israel
Agriculture
fndustry
Itouse consumPtion
))ro
)l_
Total 100
Consumption pg5-39g!!g (over-all) 0.142
Domestic consumption PgIlSP!]lg I r 0.013
L 325
9s
300
L 720
0.537
0.085
Eggl For west Bank: Palestine National Fundr trWater Resources and
policies in the West Bank" (n.d.) r p. 4t For Israel: KIDl,lA: fsrael Journal
of Developmentr No. 10 (1977).
Table 3
Israelrs available water supplies
(!,lillions of cubic neters per annum)
Jordan River water
Return f1ows, ilordan Basin
Springs in eastern watershed
Springs in western watershed
(including Yarkon spr ings)
Ground water
Flood flows
Return flow fron irrigation
Re-use of domestic and industrial water
ltrtaI
Iessr domestie and industrial use
Available for irrigation
4s0
50
Is0
350
450
100
100
150
I 800
300
I 500
F{3b/648
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Source: Tabal (Water Planning for Israel, Ltd.), "The Nlaster plan for
Israel Development of Irrigationtr (TeI Avivr 1955) r p. 4.
Pd36/648
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APPENDIX II
Table 1
Population of ttre t{eet Bank and the Gaza Strip
and ltortlrern Sinai
(In thousands)
Yearly rate
of increase Natural Population at Increase
Year (decrease) increase end of the year (decrease)
The t{est Bank
1S 67
196 8
1959
1970
L972
1974
19 7s
llf 76
L977
1978
L979
(1.7 )
(0.7 )
2.3
1.5
1.9
2.4
0.5
0.9
1.5
r.4
1.3
(2.3)
(5.5)
1.8
1.5
2.0
2.8
2.4
2.5
2.9
2.0
2.9
3.0
11.7
L2.3
t3.7
15 .8
18.1
18.5
20.3
20.5
18.6
20.9
3.3
7.4
9.2
8.8
11.5
13 .2
t3 .8
14.8
15.3
14.1
16.r
s8s.7
5 81.7
595.2
503.9
629.0
651.5
555.1
57 0.9
58t.2
69 0.4
599.6
lalol
13.5
8.7
25.1
32.6
3.5
5.8
10.3
9.2
9.2
(25 .0 )
6.3
5.5
15.8
25.0
L0 .0
10. s
L2.3
8.9
(17.0)
The Gaza Strip and Northern Sinai
19 67
1968
19 69
1970
L972
L97 4
19 7s
L976
L977
1978
19 79't
380.9
355.9
352.2
357.7
383.5
408.5
418.5
429.4
44I.3
454.2
432.6
Source: Extracted fron Statistical Abstract of Israelr 1980' titro. 3I,
(Central Brreau of Statistics, Jerusalem) r p. 577, table XXVII,/I.
* Less the population of EI Arish.
A/36/648
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Table 2
Enplovnent of professional, acadenic and aaninistrative workers
197 2 L97 4 L977
Gaza Strip and tibrthern Sinai
Bnplovees g/
Tota1 (thousancts)
Percentage of total enployees
Bmployed
Tota1 (thousands)
Percentage of total enployed
West Bank
Bnployees
ltotal (thousands)
Percentage of total employees
Enployed
Total (thousands)
Percentage of total employed
5.6
8.8
5.7
7.4
5.2
5.6
5.1
11.g
5.6
1.0.9
L979
4.8
9.2
5.4
11.2
5.S
8.0
10. 2
12.8
11.8
8.6
9.8
13.7
10.8
8.7
10 .1
13.7
11.2
8.8
9.9
L2.5
1r.0
8.3
g/ rn this and the forlowing tabres, the tern oemproyeestr refers
wage and salary earners. the term trenployed,r refers to wage and salary
earners and all self-ernployed.
N36/648
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Table 3
Hnplovment of clerical, sales and service workers
L972 L97 4 L977 t979
Gaza Strip and librtbern Sinai
Enployees
Total (thousands)
Percentage of total enployees
Enployeo
Total (thousands)
Perc€ntage of total employed
West Bank
Employees
Total (thousands)
Percentage of total employees
Employed
Botal (thousands)
Percentage of total enployed
Scrurce: S/L4268.
6.3
L4.7
6.7
13.9
u.0
23.3
II. O
13.8
23.4
17,0
7.8
15.0
18.2
23.7
L2.4
16.7
25.7
20.2
7.2
13 .8
15 .8
19.9
15.s
24.4
10.1
L4.2
22.5
18.0
L2.3
Is.6
2s.6
19.3
A/36/648
EngLish
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Table 4
Enplovment of agricultural, skilled, seni-skilled and
unskilled workers
L972 L974 L977 L979
Gaza Strip and Northern Sinai
Emplovees
Total (thousands) 31.5 3G.d 37.9 40.3
Percentage of total employees 73.4 74.8 73.1 77.0
Snployed
Total (thousands) 42.5 50.2 52.7 58.3
Percentage of total enployed 56.8 68.7 68.3 73.2
West Bank
Enployees
Tota1 (thousands) 5I.g 59.9 51.5 56.4
Percentage of total enployees 72.L 73.6 69.5 71.8
Hnployed
Total (thousands) 9I.Z 102.5 90.4 96.1
Percentage of total enployed 73.3 74.4 71.0 72.4
Source: S/L4268.
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A/36/548
English
Annex
Page 32
APPENDIX V
TabIe
Structure of industrv in the West Bank and Gaza Strip
(197e )
Number of persons employed Number of establishnents
West Bank
].
2-3
4-7
8-10
11-20
21 or more
Total
Gaza Strip and ti&crthern Sinai
1
-3
-7
-10
-2Q
or nore
2
4
I
11
2L
585
920
s18
7L
77
37
2 208
407
423
344
68
52
30
I 334
1 256
951
7L4
620
West Bank
Establishments
Establishments
ltotaL
engaging employees
not engaging employees
Total
Gaza Strip and lbrthern Sinai
Establishments engaging employees
Establishments not engaging eraployees
llrtaI
z 208 :
I 334
Sourcer Statistical Abstract of Israel' I980' p. 707.
A/36/548
English
Annex
Page 33
APPENDIX VI
lable
I Villages without Villages without
I Villages with
lpoor connexion lectri nater
East ilerusalem
Ramallah.
Bethlehem
Hebron
Nablus
Tulkaun
iler in
West Bank
Gaza Strip
Percentage
47
61
8{
65
85
70
78
73
24
Percentage
56
54
69
67
92
50
83
75
19
Percentage
928
64
2L 66
19 32
37 30
715
16 25
115 27
4 l!)
32
70
32
60
L24
46
64
428
2L
l5
{8
27
39
106
32
50
3L2
5
2L
38
22
40
1r4
23
53
311
4
Total 449 317 70 72 11S)
SourceB Data
Churches, February
colLected
llt80.
by the Secretary of the International Council of
^E/n3g6l/i6s4h8
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Page 34
APPENDTX VII
Replv dated 3 iluqust 198I fron the Permanent Representative of Israel
to the ttnited Nations to, a note verbale of the Secretarv-General
dated 22 June 1981
The Permanent Representative of Ierael to ttre United Natlons presents his
compliments to the Secretary-General of the United Nations and has the honour to
refer to the Secretary-Generalrs l{ote W/230 of 22 ilune 1981 on Permanent
sovereignty over national resources.in the territories adninistered by Israel.
The General Assembly resolutions pertalning to the above subject are motivated
by blatant Snlitical hostility towards lErael. Thereforer the Government of Israel
regrets that it cannot associate itself with the actions called for by those
resolutions.
The above-mentioned resolutions are distorted and biased against Israel and
they ignore nany productive actlvities and achievements. As a result, Israel voted
against them.
Concerning the involvement of staff nembers and consultants of the Economic
Conunission for Western Asia (ECI{A) in the preparation of the proposed rePort, the
Permanent Representative of Israel wishes to recall that the establ.ishment of ECWA
in 1973 was a fLagrant violation of the prlnclples of the United l{ations Charter
which pertain to the sovereign eguality of all States. Since the Connisgionrs
inception, Israelr a I'tenber State of the United Nations situated within the
geographical region of the Commission, was deliberateJ.y excJ.uded fron membership in
the Commission.
The defect inherent, in the very existence of Ecl{A was compounded by the
admissiop of the terrorist PLO to fuIl menbership status in ECWAr in violation of
the norms governing menbership in such regional cornnissions.
E\rrthermore, the nbalanced and objectlve exSrert vlew' mentioned in the
Secretary-Generalrs pote cannot be attained by an investigation limited to
"pertinent logses' as indicated ln resolution 32/L6L. On the contrary, to be
balanced and objectiver the expert view should include a report on the outstanding
achievements attained ln the adninlstered terrltoriesl .guch as lhe substantial
improvement in the standard of living of ttre local populationr the full employnent
therer the important achievements in buildlng and constructionr the increase in
agricultural output, the modernized mettrods introduced in all econonic fieLds and
the significant rise ln the GNP.
Consequently, Israel can hardly be expected to allow ECI{A consultants 3nd
staff members to take trnrt in a nission to territories administered by Israel.
The Permanent Representative of Israel to the United Nations avails hinselt of
this opSrortunity to re'new to the Secretary-General of the United Nations the
assurances of his highest consideration.
UNITED
NATIONS A
General Assembly
Distr.
GENERAL
A/37/600
10 NOvember 1982
ORIGINAL: ENGLISH
Thirty-seventh session
Agenda item 12
REPORT OF THE ECONOMIC AND SOCIAL COl'NCIL
Permanent sovereignty over national resources in the
occupied Arab territories
Report of the secretary-General
1. The question of sovereignty over national resources in the occupied Arab
territories has been engaging the attention of the General Assembly since its
twenty-seventh session (resolution 3005 (XXVII»), and at its twenty-ninth session
it adopted resolution 3336 (XXIX) of 17 December 1974, in which it requested the
Secretary-General to "prepare a report on the adverse economic effects on the Arab
states and peoples, resulting from repeated Israeli aggression and continued
occupation of their territories, to be submitted to its thirtieth session". At its
thirty-second session, the General Assembly considered the report of the
Secretary-General (A/32/204) submitted in response to resolution 31/186 of
21 December 1976, and adopted resolution 32/161, in which it noted that the report
did not cover all pertinent losses which it proceeded to outline in paragraph 2 of
that resolution. The question was taken up again by the General Assembly at its
thirty-fourth session when, in resolution 34/136 of 14 December 1979, it requested
the Secretary-General to prepare and submit to its thirty-fifth session a report
which took into consideration the provisions of paragraph 2 of resolution 32/161.
The request was repeated in resolution 35/110 of 5 December 1980.
2. At its thirty-sixth session, the General Assembly, having considered the
report of the Secretary-General (A/36/648), adopted resolution 36/173 of
17 December 1981, in which it requested the Secretary-General, among other things,
to submit to the Assembly at its thirty-seventh session a comprehensive report on
permanent sovereignty over national resources in the occupied Palestinian and other
Arab territories and proposals for follow-up and implementation.
3. with a view to gathering the information required for the above report, a note
verbale was addressed to the permanent Missions of Egypt, Israel, Jordan, Lebanon
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and the syrian Arab Republic, as well as the Permanent Observer of the Palestine
Liberation Organization. Relevant information was requested by 31 August 19B2 at
the latest. Letters were also addressed to the specialized agencies and organs and
units of the Vnited Nations which could provide relevant information on this
subject.
4. A reply, dated B September 19B2. has been received from the Permanent
Representative of Israel who stated that his COvernrnentls position on the
resolutions pertaining to the subject of permanent sovereignty over national
resources in the occupied Arab territories had been outlined in his note verbale of
3 August 19B1 (see A/36/648, appendix VII) •
5. Replies have been received from the Syrian Arab Republic dated
17 September 1981 and 8 October 1982. Both letters address themselves to the
overall results of the occupation of the Golan Heights. The latter, in particular,
contains, inter alia, the following information with regard to the financial
effects of the Israeli occupation of the Golan (subparagraph 2 (c) of the Mission'S
note of 17 September 1981)
"the financial losses to the State bUdget totalled LS 3,525 million, on the
average, for the period from 1967 to mid-1981, an average of LS 235 million a
year. To this should be added the amount of LS 235 million for the past year
from mid-1981 to mid-19B2, making an overall total of LS 3,760 million".
6. The roited Nations Development Programme referred to the decisions of its
Governing COuncil, 79/18 of June 1979 and B2/13 of June 1982, which provided for
the initiation and later continuation of a new Programme of Assistance to the
Palestinian People, designed to help meet their economic and social needs through a
series of development projects implemented largely in the occupied territories.
The rnited Nations Childrenls Fund furnished information on assistance being
provided to Palestinian mothers and children in Jordan, Lebanon, the Syrian Arab
Republic, and the West Bank and the Gaza Strip as part of the programme approved by
its Executive Board at its 1980 session. The Vnited Nations Relief and Works
Agency for Palestinian Refugees in the Near East, while referring to the services
it is providing in the fields of education, health and relief, stated that its
mandate did not give VNRWA authority to deal with the question of permanent
sovereignty over national resources in the occupied territories. The Food and
Agriculture Organization of the rnited Nations provided information on assistance
that is being given to the Palestinian people in pursuance of the Economic and
Social Council resolutions 2026 (LXI) and 2100 (LXIII) as part of the programme of
technical assistance approved by the Governing Council of lNDP. The United Nations
Educational, Scientific and Cultural Organization prOVided information on actions
taken by it for the protection of cultural property in Jerusalem.
7. In addition to the above, certain data concerning the occupied Arab
territories are also published in various official documents. However, the
information available proved insufficient for the preparation of a comprehensive
report which would add appreciably to the information contained in the report on
the subject submitted to the General Assembly at its thirty-sixth session
(A/36/648) and the relevant sections of the report contained in document A/37/238.
I . ..
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~ge 3
In particular, the lack of acceSs to the territories prevented the collection of
information regarding the effects of developments that took place there during the
last 12 months. These developments included the extension of Israeli law to the
occupied Syrian Galan Heights and certain administrative measures taken in the
West Bank and the Gaza Strip.
8. In these circumstances, the Secretary-General has not been in a position to
complete the comprehensive report requested by the General Assembly. Every effort
will be made to prepare such a report in time for submission to the Assembly at its
thirty-eighth session, together with the report on "the implications, under
international law of the United Nations resolutions on permanent sovereignty over
natural resources, on the occupied Palestinian and other Arab territories, and on
the obligations of Israel concerning its conduct in these territories" called for
in paragraph 8 of General Assembly resolution 36/173.
UNITED
NATIONS AE
General Assembly
Economic and Social Council
Distr.
GENERAL
A/38/265
E/1983/85
21 June 1983
ORIGINAL: ENGLISH
GENERAL ASSEMBLY
Thirty-eighth session
Item 12 of the preliminary list*
REPORT OF THE ECONCMIC AND SOCIAL COUNCIL
ECONOMIC AND SOCIAL COUNCIL
Second regular session of 1983
Item 5 of the provisional
agenda**
PERMANENT SOVEREIGNTY OVER
NATIONAL RESOURCES IN THE
OCCUPIED PALESTINIAN AND
OTHER ARAB TERRITORIES
Implications, under international law, of the United Nations
resolutions on permanent sovereignty over natural resources,
on the occupied Palestinian and other Arab territories and
on the obligations of Israel concerning its conduct in these
territories
Report of the Secretary-General
1. The General Assembly, by resolution 36/173 of 17 December 1981, requested the
Secretary-General to prepare a report "on the implications, under international
law, of the United Nations resolutions on permanent sovereignty over natural
resources, on the occupied Palestinian and other Arab territories and on the
obligations of Israel concerning its conduct in these territories". By its
resolution 37/135 of 17 December 1982, the General Assembly requested the
Secretary-General to submit the report to it at its thirty-eighth session, through
the Economic and SOcial Council.
2. In implementation of the request of the General Assembly, a legal expert,
Mr. Blaine Sloan, was engaged to prepare a detailed study on the subject.
Mr. Sloan is Professor of International Law and Organization at Pace University
School of Law, White Plains, New York, and a former Director of the General Legal
Division and Deputy to the Under-Secretary-General, Office of Legal Affairs of the
United Nations Secretariat. The study prepared by Mr. Sloan is annexed to the
present report.
*
**
A/38/50/Rev. 1.
E/1983/100.
83-16385 0488r (E) I ...
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Annex
STUDY OF THE IMPLICATIONS, UNDER INTERNATIONAL LIW, OF THE UNITED
NATIONS RESOLUTIONS ON PERMANENT SOVEREIGNTY OVER NATURAL
RESOURCES, ON THE OCCUPIED PALESTINIAN AND OTHER ARAB TERRITORIES
AND ON THE OBLIGATIONS OF ISRAEL CONCERNING ITS CONDUCT IN THESE
TERRITORIES·
CONTENTS
Paragraphs
INTRODUCTION ..
I. THE PRINCIPLE OF PERMANENT SOVEREIGNTY OF PEOPLES
AND NATIONS OVER THEIR NATURAL RESOURCES ••••••••••••••••
11. UNITED NATIONS RESOLUTIONS ON PERMANENT SOVEREIGNTY
OVER NATURAL RESOURCES ..
~ Resolutions dealing with permanent sovereignty
generally ..
B. General Assembly resolutions on permanent
sovereignty over natural resources in the
occupied Palestinian and other Arab territories
C. Security Council resolutions relating to the
occupied territories ••••••.••.•••.••.•••.•••.•••.•••
1 - 2
3 - 13
14 - 22
15
16 - 18
19 - 22
4
4
7
8
9
10
Ill. THE LIW OF BELLIGERENT OCCUPATION .............................................. 23 - 38 12
IV. PERMANENT SOVEREIGNTY AND THE LIW OF BELLIGERENT
OCCUPATION .. 39 - 41 16
• Prepared by Mr. Blaine Sloan, Professor of International Law and
Organization, Pace University School of Law, White Plains, New York, and former
Director of the General Legal Division and Deputy to the under-Secretary-General,
Office of Legal Affairs of the united Nations Secretariat. The bibliography
accompanying this study was prepared by Messrs. Adeno Addis (Ethiopia),
George C. Chaponda (Zambia), Kevin J. Madders (United Kingdom of Great Britain and
Northern Ireland), Keith D. Nunes (Austria), Stanislaw E. Saalborn (Poland) and
Seigfried Wiessner (Federal Republic of Germany) affiliated with Yale Law School,
who were also associated in the research. APpreciation for assistance in research
is likewise due to Raymond Gregory and, most particularly, Andrew Bilinski, Pace
law students.
I ...
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CONTENTS (continued)
Paragraphs
V. IMPLICATIONS OF UNITED NATIONS RESOLUTIONS ON
PERMANENT SOVEREIGNTY FOR THE OCCUPIED TERRITORIES
AND THE OBLIGATIONS OF ISRAEL THEREIN •••••••••••••••••••
A. Effect of United Nations resolutions ••••••••••••••••
B. Applicability of the law of belligerent
occupation .
C. Implications of United Nations resolutions ••••••••••
VI. CONCLUSION ..
APPENDICES
42 - 51
42 - 46
47 - 49
50 - 51
52 - 53
17
17
19
20
21
I. ANNEX TO HAGUE CONVENTION NO. IV OF 18 OCTOBER 1907: REGULATIONS
RESPECTING THE LlW S AND CUSTOMS OF WAR ON LAND ••••••••••••••••••• 44
11. GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS
IN TIME OF WAR OF 12 AUGUST 1949 (FOURTH GENEVA CONVENTION) •••••• 48
II!. PROTOCOL ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949 AND
RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED
CONFLICTS (PROTOCOL I)'OF 8 JUNE 1977 50
BIBL IOGRAPHY 51
I ... ..
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INTRODUCTION
1. The General Assembly, by resolution 36/173 of 17 December 1981, requested the
Secretary-General to prepare:
lI a report on the implications, under international law, of the United Nations
resolutions on permanent sovereignty over natural r€SQurces, on the occupied
Palestinian and other Arab territories and on the obligations of Israel
concerning its conduct in these territories". !I
The Secretary-General was requested to submit the report to the Assembly at its
thirty-eighth session, through the Economic and Social Council. 11
2. The present study, which has been prepared in connection with this request, is
directed towards a legal analysis of the implications which the United Nations
resolutions on permanent sovereignty may have with respect to the exercise of
rights over natural resources in the occupied territories and with respect to the
obligations of Israel concerning its conduct in those territories. The study will
first examine the development of the principle of permanent sovereignty over
natural resources. It will then consider the United Nations resolutions, in
particular as they apply to occupied territories. It will also consider the
relevant law of belligerent occupation and the implications of the United Nations
resolutions as they may affect the obligations of an occupying Power. Finally, the
stUdy will consider implications with respect to the occupied Palestinian and other
Arab territories and the obligations of Israel concerning conduct in those
terri tories.
I. THE PRINCIPLE OF PERMANENT SOVEREIGNTY OF PEOPLES AND NATIONS
OVER THEIR NATURAL RESOURCES.
3. The principle of permanent sovereignty over natural resources found its first
expression in the United Nations during the early 1950s in the parallel fields of
economic development and human rights. 11 On the economic side, the General
Assembly, acting on reports of its Second Committee, adopted resolution 523 (VI) of
12 January 1952 and, more particularly, resolution 626 (VII) of 21 December 1952,
in which the Assembly remembered "that the right of peoples freely to use and
exploit their natural wealth and resources is inherent in their sovereignty and is
in accordance with the Purposes and Principles of the Charter of the United
Nationsn
• This resolution almost immediately found some reference in State
practice, being referred to both by G~atemala and by the United States of America
in connection with the former's nationalization of the united Fruit Company. !I
More significantly, it was cited by Italian 2/ and Japanese &I courts in upholding
the validity of the Oil Nationalization Laws of Iran of 1951. 21
4. At almost the same time, the principle of permanent sovereignty emerged in
discussions in the Commission on Human Rights and in the Third Committee of the
General Assembly as an essential element in the right of self-determination. ~
The General Assembly had determined that an article relating to the right of
I . ..
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peoples to self-determination should be included in the International Covenants on
Human Rights 21 and, in 1954, requested the Commission on Human Rights to complete
its recommendations on that article ·including recommendations concerning their
permanent sovereignty over their natural wealth and resources ••••• lQI Extensive
work in the Commission on Human Rights and in the Third Committee at the tenth
session of the Assembly in 1955, resulted in the approval of a text which, with
only a minor drafting change, was to become article 1 of both the International
Covenant on Economic, Social and Cultural Rights and the International Covenant on
Civil and Political Rights. III Paragraph 2 of the Article reads as follows:
"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. I1 12/
5. These two threads ran together in 1958 with the establishment by the General
Assembly of a Commission on Permanent Sovereignty over Natural Resources. l2/
Acting on a report of the Third Committee, the General Assembly, having noted that
the right of peoples and nations to self-determination as affirmed in the two draft
covenants completed by the Commission on Human Rights includes Ilpermanent
sovereignty over their natural wealth and resources", established the Commission on
Permanent Sovereignty "to conduct a full survey of the status of this basic
constituent of the right to self-determination·. l!/ The work of the Commission,
supported by extensive studies by the Secretariat, l2/ resulted in the adoption of
the declaration on permanent sovereignty over natural resources (General Assembly
resolution 1803 (XVII) of 14 December 1962). This resolution, adopted on the
recommendation of the Second Committee by 87 votes to 2, with 12 abstentions,
represented a carefully worked out compromise between the developing States on the
one hand and the western market economy States on the other, particilarly on
questions concerning expropriation. The right of nationalization, expropriation or
requisitioning on grounds of public utility, security or the national interest was
recognized, with appropriate compensation to be paid in accordance with the rules
in force in the State taking such measures in the exercise of its sovereignty and
in accordance with international law. l2/ The socialist States of Eastern Europe,
some of whose key amendments had been rejected in close votes, abstained in the
final vote on the resolution. l2/
6. In paragraph 1 of the declaration, the General Assembly states that "the right
of peoples and nations to permanent sovereignty over their natural wealth and
resources must be exercised in the interest of their national development and of
the well-being of the people of the State concerned". In paragraph 7, the Assembly
declares that "violation of the rights of peoples and nations to sovereignty over
their natural wealth and resources is contrary to the spirit and principles of the
Charter of the United Nations and hinders the development of international
co-operation and the maintenance of peace" ..
7. The declaration (resolution 1803 (XVII» has been cited in international
arbitrations, ~ national court decisions, 12/ Government decrees and diplomatic
protests. m
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8. Since the adoption of the declaration in 1962, the General Assembly has
adopted a number of resolutions reaffirming an inalienable right to permanent
sovereignty and linking the principle of development programmes. ~ These
culminated in 1974 in resolutions 3201 (S-VI) and 3203 (S-VI) of 1 May 1974 on the
establishment of a new international economic order and resolution 3281 (XXIX) of
12 December 1974, containing the Charter of Economic Rights and Duties of
States. 22/ Permanent sovereignty over natural resources is a pillar of both the
new international economic order and the Charter of Economic Rights and Duties of
States. 23/
9. In addition to United Nations resolutions dealing with permanent sovereignty
generally, from 1972 onwards a series of General Assembly resolutions 24/ have
dealt specifically with permanent sovereignty over natural resources in the
occupied Palestinian and other Arab territories. These will be dealth with in more
detail later in the present study. ~
10. Permanent sovereignty has become a pervasive principle appearing in many
different contexts. As previously noted, ~ it appears in article 1 of both
International Covenants on Human Rights. On 26 May 1983, 78 States had ratified or
acceded to the International Covenant on Economic, Social and Cultural Rights and
75 to the International Covenant on Civil and Political Rights. No reservations
relating to permanent sovereignty have been. made by any of the signatories or
parties. ~ The principle of permanent sovereignty also appears in other treaties
and international agreements. The General Assembly, in adopting resolution
1803 (XVII), had reserved its position with respect to succession of States which,
it noted, was being examined by the International Law Commission. The Commission
did not include a provision on permanent sovereignty in its draft articles on
succession of States in respect of treaties. However, at the resumed session of
the Vienna Conference in August 1978, article 13 was added providing that:
"Nothing in the present Convention shall affect the principles of
international law affirming the permanent sovereignty of every people and
every State over its natural wealth and resources." ~
In its draft articles on succession of States in respect of State property,
archives and debts, the Commission did give prominent, although controversial,
place to the principle of permanent sovereignty in the articles dealing with newly
independent States. 29/ Those articles were adopted virtually unchanged by the
Conference by 52 vote; to 21 (art. 15) and 55 votes to 21, with 1 abstention
(art. 38). The articles, relating, respectively, to State property and to State
debts, provide that agreements between predecessor and newly independent States
"shall not infringe the principle of the permanent sovereignty of every peole over
its wealth and natural resources". Another treaty, the Banjul Charter on Human and
Peoples' Rights, drawn up by the Organization of African Unity, also contains an
article (art. 21) setting forth in some detail the right to permanent sovereignty
of all peoples over their wealth and natural resources. 30/
11. The Lima Declaration and Plan of Action on Industrial Development and
Co-operation, endorsed by the General Assembly in its resolution 3362 (S-VII) of
16 September 1975, has important provisions on permanent sovereignty. 31/ The
/ ...
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proposed Code of Conduct on Transnational Corporations, likewise contains a draft
article on permanent sovereignty. ~ Proposals for provisions on permanent
sovereignty have been made in such diverse organs as the Special Committee on the
Charter of the United Nations and on the Strengthening of the Role of the
Organization 33/ and the Legal Sub-Committee of the Committee on the Peaceful Uses
of Outer Space. 34/ The principle of permanent sovereignty is also the subject of
very extensive literature although much of this has centred on questions concerning
expropriation of foreign owned properties and is not directly relevant to the
present study. l2/
12. It may be concluded that the permanent sovereignty over natural resources is a
generally accepted principle of international law. The controversies which rage
over the subject concern its precise content and its relationship to other
principles of international law. The existence of the principle itself at least as
a generic norm is no longer open to question. States have generally accepted the
principle of permanent sovereignty in one form or another, either as in resolution
1803 (XVII) or as in the resolutions on the new international economic order, as
well as in the International Covenants on Human Rights. It is considered at the
same time a basic constituent of the right of self-determination and an essential
and inherent element of State sovereignty. It may be defined as the prerogative of
peoples to determine how their resources will be developed, used, conserved and
preserved 36/ and the "inalienable" right of each State to full exercise of
authority OVer its natural wealth with the correlative right to dispose of its
resources fully and freely. 37/
13. While there remains little doubt that the right of States and peoples to
permanent sovereignty over natural resources is an established principle of
international law, it would seem that a substantial majority of States would go
further and assert that it is an imperative norm having the character of
jus cogens. W A smaller, but economically influential group of States would
appear to feel strongly to the contrary. 12/ On the one hand a number of States
would point out that the principle had not acquired independently the recognition
"by the international community of States as a whole" required by article S3 of the
Vienna Convention on the Law of Treaties to make it an imperative norm. On the
other hand, it may be maintained by other States that as a constitutive element of
sovereignty and self-determination the principle had already an inherent status
approaching jus cogens.
II. UNITED NATIONS RESOLUTIONS ON PERMANENT SOVEREIGNTY
OVER NATURAL RESOURCES
14. For the purposes of the present study the United Nations resolutions on
permanent sovereignty over natural resources may be grouped in three categories:
first, those resolutions which deal with permanent sovereignty generally, secondly,
General Assembly resolutions dealing with permanent sovereignty over national
resources 40/ in the occupied Palestinian and other Arab territories, and, thirdly,
Security Council resolutions concerning the occupied territories. While
resolutions in this third category do not expressly refer to permanent sovereignty,
they contain provisions which are relevant to natural resources in the occupied
terIi tOties.
/ ...
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A. Resolutions dealing with permanent sovereignty generally
15. General Assembly resolutions dealing with permanent sovereignty over natural
resources generally were surveyed in section I of the present study, in showing the
development of the principle of permanent sovereignty. Particular points in those
resolutions which may be relevant to the situation in the occupied territories
would include the following:
(a) The right to permanent sovereignty is a righ~ to freely use, control and
dispose of natural resources. It is permanent and inalienable, inherent in
sovereignty and a basic contitutuent of the right to self-determination.
(b) The right to permanent sovereignty is a right of both States and
peoples. While there may be same confusion in certain passages, this conclusion
clearly emerges from the resolutions as a whole. It also necessarily follows from
the status of permanent sovereignty as a basic constituent of the right of peoples
to self-determination. In resolutions 837 (IX), 1314 (XIII), 1803 (XVII) and
2692 (XXV), the General Assembly refers to "peoples and nations".
(c) The right to permanent sovereignty should be respected in conformity with
the rights and duties of States under international law (resolution 1515 (XV».
Its violation is contrary to the spirit and principles of the Charter of the united
Nations (resolution 1803 (XVII). Any measure or pressure directed against any
State exercising the right is a flagrant violation of the principles of
self-determination of peoples and non-intervention, as set forth in the Charter,
which, if pursued, could constitute a threat to international peace and security
(resolution 2993 (XXVII»). No State may be subjected to economic, political or any
other type of coercion to prevent the free and full exercise of this inalienable
right (resolution 3201 (S-VI».
(d) The right to permanent sovereignty includes the right of peoples to
regain effective control over their natural resources. In resolution
3171 (XXVIII), the General Assembly: "Supports resolutely the efforts of the
developing countries and of the peoples of the territories under colonial and
racial domination and foreign occupation in their struggle to regain effective
control over their natural resources."
(e) The right to permanent sovereignty also includes, in case of violation,
the right to restitution and full compensation. In resolution 3201 (S-VI),
paragraph 4 (f), the General Assembly includes the following principle: "The right
of all States, territories and peoples under foreign occupation, alien and colonial
domination or apartheid to restitution and full compensation for the exploitation
and depletion of, and damages to, the natural resources and all other resources of
those States, territories and peoples." (See to the same effect article 16 of
resolution 3281 (XXIX) and paragraph 33 of the Lima Declaration endorsed by the
General Assembly in resolution 3362 (S-VII». !hi
(f) The last-mentioned resolutions add the duty of all States to extend
assistance and in paragraph 2 of article 16 of resolution 3281 (XXIX), the General
Assembly declares that: "No State has the right to promote or encourage
investments that may constitute an obstacle to the liberation of a territory
occupied by force."
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B. General Assembly resolutions on permanent sovereignty over natural
resources in the occupied Palestinian and other Arab territories
16. The General Assembly, at its twenty-seventh session in 1972, acting on the
report of the Special Political Committee, affirmed "the principle of the
sovereignty of the population of the occupied territories over their national
wealth and resources" (resolution 3005 (XXVII), para. 4). In the following
sessions the Assembly, acting on reports of the Second Committee, adopted a series
of resolutions dealing specifically with permanent sovereignty over national
resources ~ in the occupied Palestinian and other Arab territories (resolutions
3175 (XXVIII), 3336 (XXIX), 3516 (XXX), 31/186, 32/161, 34/136, 35/110, 36/173 and
37/l35).!l/ In addition to the resolutions expressly referring to permanent
sovereignty, a large number of other resolutions are directly relevant, to
confirming the application of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War of 12 August 1949 (hereinafter referred to as the
Fourth Geneva Convention) to all of the Arab territories occupied by Israel since
1967 44/ and in considering violations of the convention. In particular, in many
of those resolutions the General Assembly condemns, inter alia, confiscation and
expropriation of private and public Arab property and other transactions for the
acquisition of land and illegal exploitation of the natural wealth, resources and
population of the occupied territories. i2I
17. In its resolutions on permanent sovereignty in the occupied territories, the
General Assembly, by preambular reference, recognizes the pertinence of
(a) relevant provisions of international law and the provisions of the
international conventions and regulations, in partiCUlar Hague Convention No. IV of
18 OCtober 1907 and the Fourth Geneva Convention of 12 August 1949, concerning the
obligations and responsibilities of the occupying Power I (b) previous resolutions
on permanent sovereignty over natural resources, partiCUlarly their provisions
supporting resolutely the efforts of the developing countries and the peoples of
the territories under colonial and racial domination and foreign occupation in
their struggle to regain effective control over their natural and all other
resources, wealth and economic activitiesl and (c) the pertinent provisions of the
resolutions on the new international economic order (3201 (S-VI.) and 3202 (S-VI»
and on the Charter of Economic Rights and Duties of States (3281 (XXIX». The
following points are made in those resolutions:
(a) The General ASsembly emphasizes the right of the Arab States and peoples
to full and effective permanent sovereignty and control over their natural and
other resources, wealth and economic activities (resolutions 37/135, 36/173,
35/110, 34/136 and 32/161 and, with variations, resolutions 31/186, 3336 (XXIX),
3175 (XXVIII) and 3005 (XXVII).
(b) The right of permanent sovereignty over natural resources belongs to the
Arab States and peoples whose territories are under Israeli occupation. In all but
one of the resolutions, the General Assembly refers to Arab States and peoples,
while in resolution 37/135 the Assembly refers to the right of the Palestinian and
other Arab peoples whose territories are under Israeli occupation.
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(c) The General Assembly reaffirms that all measures undertaken by Israel to
exploit the human, natural and all other resources, wealth and economic activities
in the occupied territories are illegal and calls upon Israel to desist immediately
from such measures (resolutions 37/135, 36/173, 35/110, 34/136 and 32/161 and, with
variations, 3336 (XXIX) and 3175 (XXVIII».
(d) Resolution 31/186 reaffirms the right of the Arab States and peoples to
regain full and effective control over their natural and all other resources and
economic activities.
(e) The General Assembly reaffirms the right to the restitution of, and full
compensation for, the exploitation, depletion, and loss of and damage to, their
natural, human and all other resources, wealth and economic activities, and calls
upon Israel to meet their just claims (resolutions 37/135, 36/173, 35/110, 34/136,
32/161 and, with variations, 31/186 and 3336 (XXIX». Resolution 3175 (XXVIII)
refers to restitution of and full compensation for the exploitation and looting of,
and damages to, the natural resources, as well as the exploitation and manipulation
of the human resources of the occupied territories.
(f) The General Assembly calls upon all States to support the exercise of the
foregoing rights (resolutions 37/135, 36/173, 35/110, 34/136 and 32/161) and calls
upon all States, international organizations,' specialized agencies, business
corporations and all other institutions not to recognize, co-operate with or assist
in any manner in any measures undertaken by Israel to exploit the natural resources
of the occupied territories or to effect any changes in the demographic
composition, the character and form of use of their natural resources or the
institutional structure of those territories (resolutions 37/135 and 36/173 and,
with variations, 35/110, 34/136, 32/161 and 3005 (XXVII».
(g) In its latest resolution (37/135), the General Assembly condemns Israel
for its exploitation of the natural resources of the occupied Palestinian and other
Arab territories. !&I
18. In resolutions 3336 (XXIX) and 3175 (XXVIII), the General Assembly declares
that the principles of permanent sovereignty and restitution apply to all States,
territories and peoples under foreign occupation, colonial rule, or apartheid I in
resolution 3336 (XXIX) the Assembly adds "alien domination ••• or subjected to
foreign aggression".
C. Security Council resolutions relating to the occupied territories
19. Although there are no Security Council resolutions expressly referring to
permanent sovereignty over natural resources, a number of resolutions relating to
the occupied territories are relevant to the subject. Among the most directly
pertinent provisions is paragraph 8 of resolution 465 (1980), adopted by the
Security Council on 1 March 1980. The Security Council requested the commission
established under resolution 446 (1979) to continue to examine the situation
relating to settlements in the Arab territories occupied since 1967, including
Jerusalem, and "to investigate the reported serious depletion of natural resources,
particularly the water resources, with a view to ensuring the protection of those
important natural resources of the territories under occupation".
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20. The following points are contained in Security Council resolutions:
(a) The Security Council recognizes that the Fourth Geneva Convention is
applicable to all the Arab territories occupied by Israel since 1967 (resolutions
484 (1980),471 (1980),465 (1980),446 (1979), and consensus statements of
26 May 1976 and 11 November 19761 see also resolutions 497 (1981),478 (1980),
476 (1980), 469 (1980), 452 (1979), 271 (1969) and 237 (1967».
(b) The Security Council has called upon Israel scrupulously to observe the
provisions of the Geneva Conventions and international law governing military
occupation (resolution 271 (1969»1 to abide scrupulously by the Fourth Geneva
Convention (resolution 446 (1979»1 to comply strictly with the provisions of that
Convention and to refrain from (consensus statement of 11 November 1976) and
rescind (consensus statement of 26 May 1976) any measures which violate theml to
respect and comply with the provisions of the Convention (resolution 471 (1980»1
and to adhere to them (resolution 484 (1980».
(c) The Security Council has determined "that the policy and practice of
Israel in establishing settlements in the Palestinian and other Arab territories
occupied since 1967 have no legal validity and constitute a serious obstruction to
achieving a comprehensive, just and lasting peace in the Middle East (resolution
446 (1979». In resolution 452 (1979), the Security Council considered that the
policy in establishing settlements has no legal validity and constitutes a
violation of the Fourth Geneva Convention and called upon the Government and people
of Israel to cease, on an urgent basis, the establishment, construction and
planning of settlements in the Arab territories occupied since 1967, including
Jerusalem. In resolution 465 (1980), the Security Council determined that the
policy and practice of Israel of settling parts of its population and new
immigrants in those territories constitute a flagrant viOlation of the Fourth
Geneva Convention and also constitute a serious obstruction to achieving a
comprehensive, just and lasting peace in the Middle East. It called on Israel to
rescind those measures, to dismantle existing settlements and, in particular, to
cease, on an urgent basis, the establishment, construction and planning of new
settlements. It also called upon all States not to provide Israel with any
assistance to be used specifically in connection with settlements in the occupied
territories!1l (see also resolution 471 (1980) and consensus statements of
26 May 1976 and 11 November 1976). ~
(d) The Security Council has also confirmed that all legislative and
administrative measures and actions taken by Israel which purport to alter the
status of Jerusalem, inclUding expropriation of land and properties thereon, are
invalid and cannot change that status (emphasis added). It urgently called upon
Israel to rescind all such measures (resolutions 252 (1968), 267 (1969), 298 (1971)
and consensus statement of 11 November 19761 see also resolutions 478 (1980) and
497 (1981».
21. In the preamble to its resolution 242 (1967), the Security Council emphasized
"the inadmissibility of the acquisition of territory by war and the need to work
for a just and lasting peace in which every State in the area can live in
security". 491 The Security Council reaffirmed the principle that acquisition of
territory by military conquest is inadmissible in resolutions 252 (1968),
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271 (1969) 298 (1971), 476 (1980), 478 (1980) and 497 (1981). In the last of those
resolutions the Security Council reaffirmed "that the acquisition of territory by
force is inadmissible, in accordance with the United Nations Charter, the
principles of international law, and relevant Security Council resolutions".
Resolutions of the General Assembly have even more strongly emphasized this
principle (resolutions 37/88 E, 37/123, 36/147 E, 35/122 E, 34/70, 33/29, 32/20,
3414 (XXX), 2949 (XXVII), 2799 (XXVI), 2628 (XXV) and particularly 2625 (XXV).
22. Finally, it is relevant to note the reports of the Security Council commission
established under resolution 446 (1979) to examine the situation relating to
settlements in the Arab territorie~ occupied since 1967, including Jerusalem, 2Q/
and the Security Council resolution approving the recommendations of the commission
(resolution 465 (1980)). Provisions from the operative paragraphs of this
resolution have already been examined in preceding paragraphs, but it should also
be observed that the Security Council in a preambular paragraph took into account
"the need to consider measures for the impartial protection of private and public
land and property, and water resources·. As already described in paragraph 19
above, the Council also requested the commission to investigate the reported
serious depletion of natural resources, particularly the water resources, with a
view to ensuring the protection of those important natural resources of the .
territories under occupatio~
Ill. THE LM OF BELLIGERENT OCCUPATION
23. The law of belligerent occupation is of relatively recent or~g~n. 2!/
Originally, as stated by Oppenheim, "enemy territory occupied by a belligerent was
in every point considered his State property, so that he could do what he liked
with it and its inhabitants". 21/ During the second half of the eighteenth and
early nineteenth centuries 2lI there was a shift away from wartime annexation
towards the concept of belligerent occupation as a temporary status not involving a
change in sovereignty. 2!1
24. Detailed rules were developed in the latter part of the nineteenth and early
twentieth centuries with the Lieber code issued to Union Forces during the American
Civil War, the unratified Brussels Declaration of 1874, the Hague COnventions of
1899 and 1907 and the Geneva Conventions of 1949, as well as various military
manuals. These rules have been recently confirmed and strengthened with the
adoption of the 1977 protocols to the Geneva Conventions. In particUlar,
section III (arts. 42-56) of the RegUlations Respecting the Laws and Customs of War
on Land, annexed to Hague Convention No. IV of 18 OCtober 1907, is a universally
accepted codification of international law on belligerent occupation. That
section, which is entitled "Military Authority Over the Territory of the Hostile
State" is reproduced in appendix I to the present stUdy. Articles of the Fourth
Geneva Convention and of the 1977 Protocols of particular relevance are reproduced
in appendices 11 and Ill, respectively.
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25. The primary principle on which the law of belligerent occupation rests is that
the occupation does not bring about any acquisition or tranfer of sovereignty.
SOvereignty remains where it was before the occupation although its exercise may be
suspended when it conflicts with the rights of the occupant. The occupant gains no
rights of sovereignty but only those military rights expressly permitted by the law
of belligerent occupatio~ His authority is limited to transitional and temporary
powers of a purely military and administrative nature. 22/ He is to 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 in the
country (art. 43 of the Hague Regulations).
26. The rights and obligations of the occupant with respect to property are spelt
out in articles 46 and 52 to 56 of the Hague Regulations. In addition, article 47
forbids pillage, article 50 forbids general penalties, while articles 48, 49 and 51
regulate the collection of taxes, levies and contributions. Distinctions are made
with respect to private and public property and with respect to movable and
immovable property. Private property must be respected and cannot be confiscated
(art. 46). Requisitions in kind and services can only be demanded from
municipalities or inhabitants for the needs of the army of occupation. They must
be in proportion to the resources of the country, and of such a nature as not to
involve the inhabitants in military operations against their own country. They
must either be paid for in cash or a receipt given and payment made as soon as
possible (art. 52). The second paragraph of article 53 also permits the seizure of
private property generally described as ammunition or munitions of war (munitions
de guerre), as well as transport and communication facilities, but these must be
restored and compensation fixed when peace is made. While the scope of the term
munitions de guerre has been subject to much discussion it is narrowly interpreted
even in the face of total war situations. ~ The property of municipalities and
that of institutions dedicated to religion, charity, education, and the arts and
sciences, is treated as private property and all seizure or destruction is
forbidden (art. 56).
27. The general rule with respect to private property is that it cannot be
confiscated. Requisitions may be made only for the needs of the army of
occupatio~ In this connection it may be noted that the Supreme Court of Israel
has held that the requisitioning of private land in the occupied territories for
the establishment of settlements not required for security reasons was contrary to
article 52 of the Hague Regulations. 22!
28. Public property is covered by the first paragraph of article 53 and by
article 55 of the Hague Regulations. Vnder article 53 an army of occupation can
only take possession of cash funds, and realizable securities which are strictly
the property of the State, depots of arms, means of transport, stores and supplies
and, generally, all movable property belonging to the State which may be used for
military operations. As already noted, property of municipalities and of cultural
and humanitarian institutions even if State owned is excluded. Immovable property
is dealt with under article 55 which reads as follows:
"The occupying State shall be regarded only as administrator and usufructuary
of public buildings, real estate, forests, and agricultural estates belonging
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to the hostile State, and situated in the occupied country. It must safeguard
the capital of these properties and administer them in accordance with the
rules of usufruct."
It is this article of the Hague Regulations which is most directly relevant to the
question of land and other natural resources in occupied territories and will
therefore be examined in some detail. It has been the subject of learned
discussion in recent years, in connection with Israel's exploration for oil in the
Gulf of Suez ~ and while the particular dispute may now be moot, considerable
light has been thrown on the interpretation of article 55 and a number of issues
illuminated.
29. The occupying State is not placed in the position of an owner but is only an
"administrator and usufructuary" of public lands and other immovable property. In
principle a usufructuary may use the property but without detriment to its
substance. He is entitled to the fruits but not the capital. The property that is
the subject of the usufruct is not to be consumed. This interpretation is
expressly confirmed by the second sentence of article 55 which stipulates that the
occupying State "must safeguard the capital of these properties". The principle is
readily applicable to crops and other renewable resources, but its application to
minerals and other non-renewable resources is controversial. Extraction of
minerals is in fact a depletion of capital'and a detriment to the substance.
However, this was not well understood by the Roman jurists who developed the
principle of usufruct. They apparently believed that minerals were self-renewing
or at least inexhaustible and permitted their extraction by a usufructuary. 221
30. The first issue, therefore, has concerned mineral extraction. Article 55 has
generally been interpreted to permit the "working of mines". 601 The controversy
has been over the question whether new mines might be opened.--One view seems to be
that an occupant may "work" existing mines at the rate they were being worked prior
to the occupation but that it may not open new mines. 611 When the text of what is
now article 55 of the Hague Regulations was first drafted at the Brussels
Conference in 1874, there was a near consensus in municipal law systems that a
usufructuary could not open new mines. This was the position of the French Civil
Code of 1804 which had been widely copied in civil law countries. The same
principle also applied to a life tenant in common law whose position is closely
analogous to the usufructuary in civil law. 621 There was thus a well-established
meaning for the term when it was inserted into the text of the article.
31. Another view is that article 55 only prohibits wanton dissipation or
destruction or abusive exploitation of public resources. Or in a less extreme form
that it only prohibits waste and negligent development. Article 55 does not
expressly prohibit the opening of new mines and authorities interpreting the
article have not made a distinction between existing mines and opening new mines.
Moreover, it has been argued that municipal law concepts such as usufruct should
not be transposed into international law. §lI
32. If the interpretation of article 55 is not to be guided by the meaning of
usufructuary in municipal law, a third view would be to re-examine article 55 in
accordance with the ordinary meaning of the terms (art. 31 of the Vienna Convention
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on the Law of Treaties). From such examination it might he concluded that to
"safeguard the capital" any exploitation of mineral resources should be
prohibited. If in 1874 or 1907 these resources were still considered inexhaustible
that is certainly not the case today. ~
33. Whether article 55 is understood to permit the working of old mines, the
opening of new mines or no depletion of minerals whatsoever, there is general
agreement that it prohibits waste and spoliation. On this point all authorities
are agreed although there may be differences of opinion as to what constitutes
waste. 65/ McDougal and Feliciano, 66/ stated that "the occupant may not wantonly
dissipate or destroy the public resources and may not permanently alienate them
(salva rerum substanta)t1.. "Spoliation" was dealt with in a number of cases
following the Second World War. §]J Article 147 of the Fourth Geneva Convention
provides that "grave breaches", if committed against persons or property protected
by the Convention, include "extensive destruction and appropriation of property,
not justified by military necessity and carried out unlawfully and wantonly".
34. Another issue on which opinions have differed is whether the proceeds taken
under article 55 may be used for the economy of the occupant generally or only for
purposes of the occupation itself. ~ On the one hand article 55, unlike
articles 48, 49 and 52, has no express provision concerning the use of the property
involved and it has been stated that authorities apparently have not referred
directly to any restrictions on the use of usufructus. On the other hand, it was
clarified during and after the Second World War that the economy of an occupied
country can only be required to bear the expenses of the occupation and that this
principle applied to property under article 55 as well as under other articles of
the Hague Regulations. A resolution of the London International Law Conference of
1943 stated:
"The rights of the occupant do not include any rights to dispose of property,
rights or interests for purposes other than the maintenance of public order
and safety in the occupied territory. In particular, the occupant is not, in
international law, vested with any power to transfer a title which will be
valid outside that territory to any property rights or interests which he
purports to acquire or create or dispose of; this applies whether such
property, rights or interests are those of the State or of private persons or
bodies. This status of the occupant is not changed by the fact that he
annexes by unilateral action the territory occupied by him." 22/
35. The point is made even more explicit in the JUdgment by the International
Military Tribunal established after the Second World War:
"Article 49 of the Hague Convention provides that an occupying power may levy
a contribution of money from the occupied territory to pay for needs of the
army of occupation, and for the administration of the territory in question.
Article 52 of the Hague Convention provides that an occupying power may make
requisitions in kind only for the needs of the army of occupation, and that
these requisitions shall be in proportion to the resources of the country.
These Articles, together with Article 48, dealing with the expenditure of
money coliected in taxes, and Articles 53, 55 and 56 dealing with public
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property, make it clear that under the rules of war, the economy of an
occupied country can only be required to bear the expenses of the occupation,
and these should not be greater than the economy of the country can reasonably
be expected to bear." 70/
36. A further issue under discussion with respect to article 55 is whether an
occupant is entitled to grant a commercial concession to exploit mineral
right& 71/ The matter seems to remain an open question, but in any event the
occupant could not grant a concession for something he could not do himself or for
a period beyond that of the occupation. It would also seem that the granting of
concessions would also be subject to legislation applicable in the occupied
territory which normally is that of the occupied Power. 11/
37. Although not expressly relating to property, article 49 of the Fourth Geneva
Convention is directly relevant to questions of land and other natural resources.
The last paragraph of article 49 provides that:
"The Occupying Power shall not deport or transfer parts of its own civilian
population in the territory it occupies." 111
38. Acquisition or use of land or other resources for the purposes of such
deportation or transfer of civilian population is therefore unjustified and
illegal. 2!1, 75/ Moreover, any permanent settlement would be in direct conflict
with the temporary character of an occupation under general international law. ~
IV. PERMANENT SOVEREIGNTY AND THE IJW OF BELLIGERENT OCCUPATION
39. Permanent sovereignty over natural resources, now established as a right of
nations and peoples under international law, has important implications for the law
of belligerent occupation. As has been noted in section III of the present study,
rights of sovereignty do not belong to the occupant but remain where they were
before the occupation with the States and peoples of the occupied territories.
Both the principle of permanent sovereignty and the law of belligerent occupation
have as an important purpose the protection of sovereign rights in land and other
natural resources. The application of the principle of permanent sovereignty would
lead to a narrower interpretation of powers of the occupying State and would
strengthen the rights of the occupied States and peoples to the protection of their
property. 2l/ Where the meaning of a rule is unclear or has been subject to
controversy, differences would be resolved in favour of that interpretation which
best protects the rights of the occupied States and peoples over their natural
resources. For example, the principle of permanent sovereignty might give impetus
to a new look at the rights of a usufructuary under article 55 of the Hague
Regulations and might lead to an interpretation consistent with the requirement of
that article that an occuping State "must safeguard the capital" of properties
subject to usufruct.
40. Another point of contact between the principle of permanent sovereignty and
the law of belligerent occupation concerns State responsibility for internationally
illegal acts. 78/ Wanton plunder or destruction of natural resources by an
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occupying State is a crime under the law of belligerent occupation and would give
rise to international criminal responsibility. Illegal use or taking of property
or depletion of resources contrary to the Hague Regulations and the Fourth Geneva
Convention, even if not amounting to the crime of spoliation. gives rise to States
responsibility and its consequences. The Permanent Court of International Justice,
in the well-known Chorzow Factory case, observed that:
"••• it is a principle of international law, and even a general conception of
law, that any breach of an engagement involves an obligation to make
reparations". 221
A breach of the obligations of an occupying State with respect to natural resources
in occupied territories consequently involves a duty to make reparations.
Reparation is a "corollary" and "indispensable complement" of the failure to comply
with international obligations. ~ The Permanent Court, in the Chorzow Factory
case, went on to declare that:
"The essential principle contained in the actual notion of an illegal act -
a principle which seems to be established by international practice and in
particular by the decisions of arbitral tribunals - is that reparation must,
as far as possible, wipe out all the consequences of the illegal act and
re-establish the situation which would, in all probability, have existed if
that act had not been committed. Restitution in kind, or, if this is not
possible, payment of a sum corresponding to the value which a restitution in
kind would bearl the award, if need be, of damages for loss sustained which
would not be covered by restitution in kind or payment in place of it - such
are the principles which should serve to determine the amount of compensation
due for an act contrary to international law." ~
41. The obligation to make reparation is reinforced by that element of the
principle of permanent sovereignty calling for restitution and full compensation
for the exploitation and depletion of, and damages to, the natural resources of
territories and peoples under foreign occupation. ~ The right to restitutio in
integrum or equivalent compensation is a principle applicable both to the law of
belligerent occupation and to the law of permanent sovereignty where the rights of
nations and peoples have been violated.
v. IMPLICATIONS OF UNITED NATIONS RESOLUTIONS ON PERMANENT SOVEREIGNTY
FOR THE OCCUPIED TERRITORIES AND THE OBLIGATIONS OF ISRAEL THEREIN
A. Effect of United Nations resolutions
42. The General Assembly has asked for the implications, under international law,
of United Nations resolutions on permanent sovereignty. In considering
"implications under international law" one must have in mind the question of the
legal effect of resolutions generally. It is not the intention to attempt a
definitive answer, even if such answer could be given, to this complex and widely
discussed question. ~ As far as the General Assembly is concerned one starts
from the proposition that resolutions are normally hortatory or recommendatory. ~
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Nevertheless, the International Court of Justice has said "it would not be correct
to assume that, because the General Assembly is in principle vested with
recommendatory powers, it is debarred from adopting in specific cases within the
framework of its competence resolutions which make determinations or have operative
desig~" 85/ This statement, it will be recalled, was made with respect to General
Assembly decisions relating to another territory (Namibia, formerly South-West
Africa) which had been a mandate under the League of Nations. In a perhaps less
relevant situation the Court also stated that:
"••• the functions and powers conferred by the Charter on the General Assembly
are not confined to discussion, consideration, the initiation of studies and
the making of recommendations; they are not merely hortatory. Article 18
deals with 'decisions' of the General Assembly 'on important questions'.
These 'decisions' do indeed include certain recommendations, but others had
dispositive force and effect." ~
The Court has also relied on General Assembly resolutions as a source of law. ~
43. While many would view repetition of resolutions as significant, ~ many would
not consider it in and of itself sufficient. ~ The effect of individual
resolutions would also be weighed in the light of such factors as their terms and
intent, voting patterns, community expectations and, perhaps most important for
some, acceptance in State practice. 2Q/ The role of a particular resolution in
interpreting provisions of the Charter of the United Nations in declaring existing
customary international law, in enunciating general principles of law or in
providing subsidiary evidence of rules of law might also be relevant to its
evaluation. 21!
44. There is a vast literature concerning the legal effect of General Assembly
resolutions and their status as a source of international law. 2lI Opinions and
nuances are almost as varied and as numerous as the writers themselves. The
writers run the gamut from Judge Elias 2l/ who considers resolutions adopted in
accordance with Article 18 of the Charter of the united Nations to be binding to
professor Arangio-Ruiz 94/ who would dismiss nearly all resolutions as merely
recommendatory.
45. The situation with respect to Security Council decisions on the other hand is
clear. Article 25 of the Charter states that:
"The Members of the United Nations agree to accept and carry out the decisions
of the Security Council in accordance with the present Charter."
Thus decisions of the Security Council are legally binding on the Members of the
United Nations and under paragraph 6 of Article 2 may be enforced not only with
respect to Members but also with respect to States that are not Members of the
United Nations. There has, however, been a view expressed that Article 25 applies
only to decisions on enforcement measures under Chapter VII of the Charter. The
International Court of Justice has rejected this view:
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"It is not possible to find in the Charter any support for this view.
Article 2S is not confined to decisions in regard to enforcement action but
applies to 'the decisions of the Security Council' adopted in accordance with
the Charter. Moreover, that Article is placed, not in Chapter VII, but
immediately after Article 24 in that part of the Charter which deals with the
functions and powers of the Security Council. If Article 2S had reference
solely to decisions of the Security Council concerning enforcement action
under Articles 41 and 42 of the Charter, that is to say, if it were only such
decisions which had binding effect, then Article 2S would be superfluous,
since this effect is secured by Articles 48 and 49 of the Charter." 22/
The Court consequently held that decisions of the Security Council taken in
accordance with its general powers under Article 24 of the Charter were legally
binding and that States were under an obligation to accept and carry them out. ~
The principal question with respect to Security Council resolutions is whether the
Council adopted them as decisions, in which case they are binding, or merely as
recommendations.
46. It is of course for Member States, the General Assembly and the Security
Council and, if requested, the International Court of Justice to determine the
effect of particular United Nations resolutions.
B. Applicability of the law of belligerent occupation
47. section IV of the present study examined generally the relationship between
the principle of permanent sovereignty over natural resources and the law of
belligerent occupatio~ In effect they would strengthen and reinforce one
another. In Section V.C below, the study will examine specifically the
implications of the United Nations resolutions on permanent sovereignty on the
occupied Palestinian and other Arab territories and on the obligations of Israel
concerning its conduct in those territories. Before doing this, however, the
applicability of the law of belligerent occupation to the occupied territories
should be noted.
48. Basically the law of belligerent occupation includes (a) the rules of general
international law as codified in the Hague Regulations and (b) the Fourth Geneva
Convention to which Israel and the Arab States concerned are parties. Territory is
considered occupied when it is actually placed under the authority of the hostile
army (art. 42 of the Hague Regulations). The applicability of the law of
belligerent occupation and particularly the Fourth Geneva Convention to the
occupied Palestinian and other Arab territories has been recognized in numerous
resolutions of the Security Council and the General Assembly as well as in
statements of Foreign Offices. 971 It is true that Israel has questioned the
applicability of the Geneva Conventions and the Hague Regulations partly on the
ground that it does not recognize the sovereignty of the Arab States in the
territories 98/ and partly on the ground that the rules apply only up to the time
that active hostilities have ceased. 221 Neither ground justifies the relaxation
of the rules for the protection of occupied territories.
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49. With respect to the former ground "international law knows only two categories
of occupation by a conquering state: belligerent occupation properly so called and
assumption of sovereignty over the conquered areas". 1001 A State cannot escape
from its obligations as an occupant merely by asserting a controversy as to
sovereignty in the occupied territories. with respect to the second ground, it is
clear that rules protecting occupied territories continue to apply as long as the
occupying Power continues to exercise governmental functions in such
territories. lOll This is made explicit by article 6 of the Fourth Geneva
Convention which specifically provides that the Convention should continue to bind
the occupying Power "for the duration of the occupation, to the extent that such
Power exercises the functions of government in such territory" with respect to
enumerated articles including the important article 49.
C. Implications of United Nations resolutions
50. As far as existing law is concerned one starts therefore with the law of
belligerent occupation reinforced by the principle of permanent sovereignty over
natural resources. Admittedly the law of belligerent occupation is not altogether
adequate to deal with situations of prolonged occupation following the close of
active military operations since a speedy end to an occupation was envisaged. But
the alternative de lege ferenda for a long-term occupation where it does continue
would be towards a status which would provide greater rights and protections for
the occupied territories. 1021 With the exigencies of an active military operation
removed, the rationale for the special powers of the occupant are reduced while the
humanitarian considerations are if anything enhanced by prolonged occupation. 1031
The principle of permanent sovereignty over natural resources would strengthen any
trend in this directio~
51. In the light of the foregoing, the following are some of the implications of
United Nations resolutions on permanent sovereignty over natural resources on the
occupied Palestinian and other Arab territories and on the obligations of Israel
concerning its conduct in those territories which might be considered:
(a) The primary right of peoples and nations to permanent sovereignty over
their natural resources is a right freely to use, control and dispose of such
resources. The full exercise of this right can only take place with the
restoration of control over the occupied territories to the States and peoples
concerned. Such restoration is the first implication of the resolutions on
permanent sovereignty over natural resources.
(b) A second implication derived directly from the primary right would be
that in any interim pending full implementation of the foregoing, control over
land, water and other natural resources should be restored to the local
population. This would include allowing municipalities and other local Palestinian
and Arab authorities to control the natural resources for which they had had
responsibility prior to the occupation. 1041
(c) A third implication would be that the occupying Power is under an
obligation not to interfere with the exercise of permanent sovereignty by the local
population.
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(d) A fourth implication of the United Nations resolutions on permanent
sovereignty over natural resources would be the strengthening of the protection of
the natural resources of the occupied territories afforded by the law of
belligerent occupatio~ In any event such resources could not be used by the
occupying Power beyond the limits imposed by the Hague Regulations and the Fourth
Geneva Conventio~ Land and other resources may not be taken for settlements or
permanently acquired for any purposes. Privately owned land and other resources
may, if at all, only be requisitioned for the needs of the army of occupation and
must be paid for. Public land cannot be used beyond usufruct and the proceeds must
then be used only in connection with the occupatio~ While there is a practice of
working existing mines, if any, the text of article 55 of the Hague Regulations
requires the occupying Power to ·safeguard the capital· of properties subject to
usufruct. The principle of permanent sovereignty would imply that no depletion of
natural resources should be permitted and would emphasize the provision in
article 55 on safeguarding the capital. A further requirement of the Hague
Regulations is that property of municipalities should be treated as private
property. Land held for the benefit of municipalities and similar local groups,
even if registered in the name of the State or central authorities, should be
protected as private. The principle of permanent sovereignty of peoples over their
natural resources suggests the strengthening of this provision as well as the other
limitations placed by the law of belligerent occupation On an occupant's use of
natural resources.
(e) A fifth implication of permanent sovereignty would be to reinforce a
right under international law to reparation for any loss or damage to natural
resources suffered as a result of violations of the rules of belligerent occupation.
VI. CONCLUSION
52. The right of peoples and nations to permanent sovereignty over their natural
resources has been accepted as a principle of international law although its exact
content and relation to other principles of international law have yet to be fully
developed and defined. The principle of permanent sovereignty has been
specifically applied by the General Assembly to the occupied Palestinian and other
Arab territories, and Security COuncil resolutions have also dealt with the
protection of property rights in those territories. Moreover, both the General
Assembly and the Security COuncil have recognized the applicability of the law of
belligerent occupation to the occupied territories. The law of belligerent
occupation gives some protection to the principle of permanent sovereignty while
the principle of permanent sovereignty enhances and reinforces the law of
belligerent occupation. The law of belligerent occupation should be interpreted
and applied to protect to the greatest extent possible the principle of permanent
sovereignty. Implications of the United Nations resolutions on permanent
sovereignty over natural resources as they apply to the occupied Palestinian and
other Arab territories and to the obligations of Israel therein have been set forth
in paragraph 51 of the present study.
53. While normally General Assembly resolutions are recommendatory, there may be
legal effects depending on a number of variables. Decisions in Security Council
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resolutions are binding. It is for Member States. the General Assembly and the
Security Council and, if requested. the International Court of Justice to assess in
each case the legal effect of a particular resolution.
-No-te-s
1/ Paragraph 8 of resolution 36/173. The French text. which is more precise
than the English. reads as follows:
".•. un rapport sur les incidences, en droit international, des resolutions de
l'Organisation des Nations Unies relatives a la souverainete permanente sur
les ressources naturelles. aux territoires palestiniens et autres territoires
arabes occupes et aux obligations d'Israel quant a son comportement dans ces
terri toires.. n
£( Resolutions 36/173 of 17 December 1981 and 37/135 of 17 December 1982.
11 For a more detailed history and discussion of the progressive development
of the principle of permanent sovereignty over natural resources in the United
Nations system, see United Nations Institute for Training and Research. Proqressive
Development of the Principles and Norms·of International Law Relating to the New
International Economic Order. (UNITAR/DS/5. 15 August 1982), pp. 291-377.
particularly at pp. 327-363. For a collection of texts. see UNITAR. A New
International Economic Order. Selected Documents 1945-1975. vols. I andlII.
compiled by Alfred George MoSS and Harry N. M. Winton. and Selected Documents. 1976
and 1977, compiled by Hideko Makiyama. See also Ian Brownlie. "Legal status of
natural resources in international law". Recueil des Cours (1979-1). pp. 255-2711
and Kamal Hossain, ed•• Legal Aspects of the New International Economic Order
(1980). pp. 33-35.
1f Department of State Bulletin. vol. 29 (September 1953). pp. 357-360. See
UNITAR/DS/5 supra (note 3). at p. 3291 James N. Hyde. "Permanent sovereignty over
natural wealth and resources", American Journal of International Law. vol. 50
(1956). p. 854. See also Karol N. Gess. "Permanent sovereignty over natural
resources". The International and Comparative Law Quarterly. vol. 13 (1964).
p. 408, and Edward D. Re. "Nationalization and the investment of capital abroad".
Georgetown Law Journal. vol. 42 (1953-1954). p. 44 at pp. 51-54.
~ Angle-Iranian Oil. Company v. S.U.P.O.R. Company (Unione Petrolifera per
L'Oriente. S.P.A.). Civil Court of Rome, 13 September 1954. International Law
Reports. vol. 22 (1955). p. 23 at pp. 40-41. The Court stated:
"It is evident that the decision of the United Nations ••• taking into
consideration the date when it was taken and the international situation to
which it related. constitutes a clear recognition of the international
lawfulness of the Persian Nationalization Laws".
~ Angle-Iranian Oil Company v. Idemitsu Kosan Kabushiki Kaisha. High Court
of Tokyo 1953, International Law Reports. vol. 20 (1953). p. 305 at p. 313. The
Court considered that:
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"The Oil Nationalization Law was enacted ••• in accordance with the resolution
of the General Assembly of the United Nations relating to the exploitation of
the natural resources of the various countries. If
21 Contra. Angle-Iranian Oil Co., Ltd. v. Jaffrate and others (The Rose
Mary) Aden, Supreme COurt, 9 January 1953. International Law Reports, vol. 20
(1953), p. 316.
~ See Repertory of Practice of United Nations Organs, vol. III (1956),
pp. 95-961 Antonio cassese, "The self-determination of peoples", in Henkin, ed.,
The International Bill of Rights, 1981, pp. 92-113, Hyde, supra (note 4) at
pp. 856-860.
~ See resolutions 421 (V) of 4 December 1950, sect. D, and 545 (VI) of
5 February 19521 A. P. Movchan, "The human rights problems in present day
international law", in Tunkin, ed., Contemporary International Law (1969), at
pp. 247-248.
!Q/ Resolution 837 (IX) of 14 December 1954.
111 Report of the Third COmmittee (A/3077, 8 December 1955), annotations
prepared by the Secretary-General (A/2929, 1 July 1955). For the texts of the
COvenants, see resolution 2200 (XXI) of 16 December 1966, annex. See Hyde. supra
(note 4) at p. 856, and Schwelb, American Journal of International Law, vol. 64
(1970) p. 361.
~ In addition, article 25 of the International Covenant on Economic, SOcial
and Cultural Rights and article 47 of the International COvenant on Civil and
Political Rights provides:
"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."
See Theodoor C. van BDven, "Distinguishing criteria of human rights", in
Karel Vasak, general ed., The International Dimensions of Human Rights, vol. 1, at
p. 159, David J. Halpern, "Human rights and natural resources", William and Mary
Law Review, vol. 9 (1967-1968), pp. 770-787.
!2/ Resolution 1314 (XIII) of 12 December 1958. See also resolution
1720 (XVI.) of 19 December 1961.
liI The General Assembly also asked the Commission to make recommendations,
where necessary, for its strengthening, and decided that due regard should be paid
to the rights and duties of States under international law and to the importance of
encouraging international co-operation in the economic development of
underdeveloped countries (resolution 1314 (XIII), para.l). See also resolution
1515 (XV) of 15 December 196 o.
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.!21 Documents A/AC.97/5/Rev.2, E/3511 and A/AC.97/13 (1962). For subsequent
Secretariat reports On permanent sovereignty, see documents E/3840 of
14 November 19631 A/7268 of 11 OCtober 19681 A/8058 of 14 September 19701 E/5170 of
7 June 19721 A/9716 of 20 September 19741 E/C.7/53 of 31 January 19751 E/C.7/66 of
17 March 19771 E/C.7/99 of 14 March 19791 and E/C.7/119 of 7 May 1981. For reports
on permanent sovereignty over national resources in the occupied Arab territories,
see A/32/204 of 11 OCtober 1977 and A/36/648 of 10 November 1981.
. 161 ,paragraph 1 of the Declaration contained in resolution 1803 (XVII). See
Karol N. Gess, "Permanent sovereignty over natural resources", The International
and Comparative Law Quarterly, vol. 13 (1964), pp. 398-449, Stephen M. Schwebel,
"The story of the United Nations declaration on permanent sovereignty over natural
resources", American Bar Association Journal, vol. 49 (1963), pp. 463-469.
l2/ See Official Records of the General Assembly, Seventeenth Session,
Plenary Meetings, 1194th plenary meeting, p. 1134. Critics of the Declaration
referred to it as "a charter for foreign investment". See Hossain, supra (note 3),
p. 37.
~ See in particular Professor Rene-Jean Dupuy's award in "Texaco overseas
petroleum company/California Asiatic Oil Company and the Government of the Libyan
Arab RepUblic", International Legal Materials, vol. 17 (1978), p. 1 at pp. 27-30.
For the original French text, see Journal du droit international, vol. 104, No. 2
(April, May, June 1977), p. 350 ff., and Dr. Sobhi Mahrnassani's award in "Libyan
American Oil Company (LIAMCO) and the Government of the Libyan Arab Republic",
International Legal Materials, vol. 20 (1981), p. 1 at pp. 100-103.
191 Banco Nacional de Cuba v. Chase Manhattan Bank, 658 F. 2d 875 (1981) at
pp. 889-892, ••• Sociedad Minera el Teniente S.A. v. Aktiengesellschaft
Norddeutsche Affinerie, 19 Aussenwirtschaftsdienst des Betriebs-Beraters [PWDI 163
(1963). See Andreas F. Lowenfeld, International Private Investment, International
Economic Law series, vol. 11 (1976), pp. 130-133.
201 See Chilean Decree Concerning Excess Profits of Copper Companies,
28 September 1971, para. 51 Lowenfeld, supra (note 19), at pp. 322-323/
Francisco Orrego Vicuna, "Some international law problems posed by the
nationalization of the copper industry by Chile", American Journal of International
~, vol. 67 (1973), pp. 711-727.
211 Resolutions 2158 (XXI) of 25 November 19661 2386 (XXIII) of
19 November 19691 2542 (XXIV) of 11 December 19691 2626 (XXV) of 24 October 19701
2692 (XXV) of 11 December 19701 3016 (XXVII) of 18 December 19721 3041 (XXVII) of
19 December 1972, endorsing Trade and Development Board resolution 88 (XII)I and
3171 (XXVIII) of 17 December 1973. In addition, resolution 2993 (XXVII) of
15 December 1972 on the implementation of the Declaration on the Strengthening of
International Security, adopted on the report of the First Committee, reaffirmed
(para. 4):
"that any measure or pressure directed against any State while exercising its
sovereign right freely to dispose of its natural resources constitutes a
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flagrant violation of the principles of self-determination of peoples and
non-intervention, as set forth in the Charter, which, if pursued, could
constitute a threat to international peace and security."
~ Resolution 3201 (S-VI) provides (para. 4 (e» that:
"The new international economic order should be founded on full respect for
the following principles: •••
"(e) Full permanent sovereignty of every State over its natural resources and
all economic activities. In order to safeguard these resources, each State is
entitled to exercise effective control over them and their exploitation with
means suitable to its own situation, including the right to nationalization or
transfer of ownership to its nationals, this right being an expression of the
full permanent sovereignty of the State. No State may be subjected to
economic, political or any other type of coercion to prevent the free and full
exercise of this inalienable right."
See also article 2, para. 2 (c), of the Charter of Economic Rights and Duties of
States (resolution 3281 (XXIX».
Paragraph 4 (f) of resolution 3201 (S-VI) added:
"The right of all States, territories and peoples under foreign occupation,
alien and colonial domination or apartheid to restitution and full
compensation for the exploitation and depletion of, and damages to, the
natural resources and all other resources of those States, territories and
peoples. "
See also article 16 of resolution 3281 (XXIX).
Following a request of the General Assembly at its thirty-second session
(resolution 32/145 of 16 December 1977/ see also resolution 33/92 of
16 December 1978) to take into account relevant provisions of the resolutions
adopted at its sixth and seventh special sessions, the United Nations COmmission on
International Trade Law (UNCITRAL) included in its proposed work programme an item
entitled "Legal implications of the new international economic order." At its
thirty-fourth session, the General Assembly requested the Secretary-General, in
collaboration with the United Nations Institute for Training and Research (UNITAR)
and in co-ordination with UNCITRAL, to study the question of the consolidation and
progressive development of the principles and norms of international economic law
relating in particular to the legal aspects of the new international economic
order" (resolution 34/150 of 17 December 1979/ see also resolutions 35/166, 36/107
and~~37/l03). For the UNITAR study dealing with permanent sovereignty, see note 3
supra. The International Law Association has established an International
Committee on the Legal Aspects of a New International Economic Order and has
considered reports of the Committee at its Fifty-ninth Conference (Belgrade 1980),
pp. 1-2 and 263-311, and at its Sixtieth COnference (Montreal 1982), pp. 3
and 183-238.
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~/ See Samuel K. B. Asante, "Restructuring transnational mineral
agreements", American Journal of International Law, vol. 73 (1979), p. 340;
Karen Hudes, "Towards a new international economic order", Yale Studies in World
Public Order, vol. 2 (1975), pp. 121-122/ Ria Kemper, "The concept of permanent
sovereignty and its impact on mineral contracts", Legal and Institutional
Aceangements in Minerals Development (1982), p. 32./ Ernst U. Petersman, "The new
international economic order: principles, politics and international law", in
Macdonald, Johnston and Morris, eds., The International Law and Policy of Human
Welfare (1978), pp. 463-464. Professor Dupuy in the TEXACO case considered that
while resolution 1803 (XVII) represented a consensus the later resolutions did not
(supra, note 18, at p. 30). Dr. Mahmassani in the LIAMCO case on the other hand
concluded that the said resolutions, including 1803 (XVIII) and 3281 (XXIX), "if
not a unanimous source of law, are evidence of the recent dominant trend of
international opinion concerning the sovereign right of States over their natural
resources ••• " (supra, note 18, at 103). See S. Roy Chowdhury in International Law
Association, Sixtieth Conference (Montreal) (1982), p. 219.
~/ Resolutions 3005 (XXVII) of 15 December 1972/ 3175 (XXVIII) of
17 December 1973/ 3336 (XXIX) of 17 December 1974/ 3516 (XXX) of 15 December 1975/
31/186 of 21 December 1976/ 32/161 of 19 December 1977/ 34/136 of 14 Decem~er 1979/
35/110 of 5 December 1980/ 36/173 of 17 December 1981 and 37 135 of
17 December 1982.
~/ See para. 17 below.
1&/ Para. 4 above.
~/ The United Kingdom made a declaration to the effect that, in case of
conflict between obligations under article 1 of the Covenants and obligations under
the United Nations Charter, obligations under the Charter shall prevail. India
made a declaration to the effect that "self-determination" applies only to peoples
under foreign domination. France objected to India's statement as a condition not
provided for by the United Nations Charter. Israel signed both Covenants without
reservation on 19 December 1966 but has not ratified either.
28/ For discussion at the Conference, see Official Records of the United
Nations Conference on Succession of States in Respect of Treaties, vol. I, First
Session, Vienna, 4 April-6 May 1977; ibid., vol. II, Resumed Session, Vienna,
31 JUly-23 August 1978, pp. 20, 21, 23, 26, 28 and 131-140/ and ibid., vol. Ill,
Documents of the Conference, Report of the Committee of the Whole (resumed
session), paras. 49-52.
29/ See the report of the International Law Commission on the work of its
thirty-third session (Official Records of the General Assembly, Thirty-sixth
Session, Supplement No. 10 (A/36/10 and Corr.l», pp. 72-88 and 206-242, for draft
articles 14 and 36 and commentary thereto. See also the report of the Commission
on the work of its twenty-ninth session, in Yearbook of the International Law
Commission, 1977, vol. 11, part two, pp. 91-92. For discussion and comments, see
materials cited under articles 14 and 36 in the guide for the draft articles on
succession of States in respect of state property prepared for the 1983 Vienna
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Conference by the Codification Division, Office of Legal Affairs (ST/LEG/l4,
8 February 1983), pp. 49-51 and 87-90.
lQ/ International Legal Materials, vol. 21 (1982), p. 58 at 62.
31/ A/IOl12, chap. IV, paras. 32 and 33 of the Declaration and Plan of Action.
l1V E/C.IO/1982/6 (5 June 1982), para. 6. See also E/C.IO/1983/S/2
(4 January 1983), para. 361 E/C.IO/1983/S/4, p. 51 and E/C.IO/62 (9 June 1980),
paras. 46-48. See also CTC Reporter, No. 12 (Summer 1982) for special issue on the
Code, particularly pp. 3 and 6.
11/ For proposal by Romania to include the principle of permanent sovereignty
in the Charter of the United Nations, see A/AC.182/WG.56 (21 April 1983) and report
of the Special Committee (Official Records of the General Assembly, Thirty-second
Session, Supplement No. 33 (A/32/33», p. 176, and A/C. 6/437. For a proposal in
the context of the Manila declaration on the peaceful settlement of international
disputes see report of the Special Committee (Official Records of the General
Assembly, 'Thirty-fifth Session, Supplement No. 33 (A/35/33», pp. 70 and 76.
l!/ For the text of proposed principle XVI of the draft principles on remote
sensing of the earth from space, which refers to "full and permanent sovereignty of
all States and peoples over their wealth and natural resources" see report of the
Legal Sub-Committee of the Committee on the Peaceful Uses of Outer Space
(A/AC.I05/320, 13 April 1983), p. 20. See also the discussion in the Working Group
on Remote Sensing at previous sessions of the Legal Sub-Committee (A/AC.I05/305
(1982), annex 1, p. 61 A/AC.I05/288 (1981), annex 1 p. 51 A/AC.I05/240 (1979),
annex 1, p. 5).
]2/ For discussion of permanent sovereignty, see UNITAR study, supra (note 3)
and the following books and articles: Samuel K. B. Asante, "Restructuring
transnational mineral ayceements",American Journal of International Law, vol. 73
(1979), pp. 335-371, Hans W. Baade, "Permanent sovereignty over natural wealth and
resources", in Miller and Stanger, eds., Essays on Expropriation (1967),
s. K. Banerjee, "The concept of permanent sovereignty over natural resources: an
analysis", Indian Journal of International Law, vol. 8 (1968), pp. 515-546,
Charles N. Brower and John B. Tepe, Jr., "The Charter of Economic Rights and Duties
of States: a reflection or rejection of international law", International Lawyer,
vol. 9 (1975), pp. 295-318, Ian Brownlie; "Legal status of natural resources in
international law", Recueil des Cours, vol. 162, (1979-1), pp. 255-271, and
Principles of Public International Law, pp. 512-515 and 540-545 (3rd ed., 1979),
Antonio Cassese, liThe self-determination of peoples", in Henkin, ed., The
International Bill of Rights, (1981), pp. 92-113, Rudolph Dolzer, "New foundations
of the law of expropriation of alien property", American Journal of International
Law, vol. 75 (1981), pp. 553-589, A. A. Fatouros, "International law and the
internationalized contract", American Journal of International Law, vol. 74 (1980),
pp. 134-141; G. Fischer, IILa souverainete sur les ressources naturelles" I Annuaire
francais de droit international, vol. 7 (1962), p. 5161 Wolfgang Friedmann, The
Changing Structure of International Law (1964), pp. 320-321, Karol N. Gess,
·Permanent sovereignty over natural resources'l, The International and Comparative
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Law Quarterly, vol. 13 (1964), pp. 398-449, G. W. Haight, "Principles of
international law on friendly relations", International Lawyer, vol. 1 (1966),
pp. 101-104, and "The new international economic order and the Charter of Economic
Rights and Duties of States", International Lawyer, vol. 9 (1975), pp. 591-6041
Rosalyn Higgins, "The development of international law by the political organs of
the United Nations", Proceedings of the American Society of International Law,
Fifty-ninth Annual Meeting (1965), pp. 116-124 at pp. 121-122, Kamal Hossain, ed.,
Legal Aspects of the New International Economic Order (1980), pp. 1, 4-7, 32-44,
Karen Hudes, "Towards a new international economic. order", Yale Studies in World
Public Order, vol. 2 (1975), pp. 88-181, James N. Hyde, "Permanent sovereignty over
natural wealth and resources", American Journal of International Law, vol. 50
(1956), pp. 854-867, Eduardo Jiminez de Arechaga, "International law in the past
third of a century", Recueil des Cours, vol. 159 (1978-1), pp. 285-310, and "State
responsibility for the nationalization of foreign-owned property", Journal of
International Law and Politics, vol. 11 (1978), pp. 179-1951 Ria Kemper, "The
concept of permanent sovereignty and its impact on mineral contracts", in Legal and
Institutional Arrangements in Minerals Development, Mining Journal Books (1982),
pp. 29-36, and Nationale VerfGgung Gber nativiliche Ressourcen und die Neue
Weltwirtschaftsordnung der Vereinten Nationen (1976), Henry Landau, "Protection of
private foreign investments in less developed countries - its reality and
effectiveness", William and Mary Law Review, vol. 9 (1967-1968), pp. 804-823 at
pp. 811 and 8131 Robert F. Meagher, An International Redistribution of wealth and
Power - A Study of the Charter of Economic Rights and Duties of States (1979),
pp. 50-54, 81-831 Robert von Mehren and R. Nicholas Kourides, "International
arbitrations between States and foreign private parties: the Libyan
nationalization cases", American Journal of International Law, vol. 75 (1981),
pp. 476-529, Maarten H. Muller, "Compensation for nationalization: A North-South
dialogue", Columbia Journal of Transnational Law, vol. 19 (1981), pp. 35-78,
particularly pp. 73-78, Muhamad A. Mughraby, Permanent Sovereignty over Oil
Resources: A Study of Middle East Oil Concessions and Legal Change (1966);
P. J. O'Keefe, "The United Nations and permanent sovereignty over natural
resources", Journal of World Trade Law, vol. 8 (1974), pp. 239-282,
Ernst U. Petersmann, liThe new international economic order: principles, politics
and international law", in Macdonald, Johnston and Morris, eds., The International
Law and Policy of Human Welfare (1978), pp. 449-469, particularly pp. 462-4691
Edward D. Re, "Nationalization and the investment of capital abroad", Georgetown
Law Journal, vol. 42 (1953-1954), p. 44 at pp. 51-53, Andres Rozental, "The Charter
of Economic Rights and Duties of States and the new international economic order",
Virginia Journal of International Law, vol. 16 (1975-76), pp. 309-322;
Oscar Schachter, "The evolving international law of development", Colombia Journal
of Transnational Law, vol. 15 (1976) pp. 1-16, and Sharing the World's Resources
(1977), pp. 20-23 and 124-135/ Stephen M. Schwebel, "The story of the United
Nations declaration on permanent sovereignty over natural resources", American Bar
Association Journal, vol. 49 (1963). pp. 463-469, I. Seidl-Hohenveldern, "The
social function of property and property protection in present-day international
law'·, in Kelshoven, Kuyper and Larnrners, eds., Essays on the Development of the
International Legal Order in Memory of Haro F. van Panhuys (1980), pp. 77
and 91-92, and "International economic 'soft law'I', Recueil des Cours, vol. 163
(1979-11), pp. 165-246/ S. Prakash Sinha, New Nations and the Law of Nations
(1967), p. 96/ V. 1. Sopozhnikov, "Sovereignty over natural resources",
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1964-65 soviet Yearbook of International Law, p. 76 (in Russian, summary in
English); Steiner and Vagts, Transnational Legal Problems (1976), pp. 462-471;
Francisco Orrego Vicuna, ·Some international law problems posed by the
nationalization of the copper industry by Chile", American Journal of International
Law, vol. 67 (1973), pp. 711-727; P. J. I. M. de Waart, ·Permanent sovereignty over
natural resources as a cornerstone for international economic rights and duties",
in Meijors and Vierdag, eds., Essays on International Law and Relations in Honour
of A. J. P. Tammes (1977), pp. 304-322; Thomas W. Walde, "Permanent sovereignty
over natural resources: recent developments in the mineral sector", Natural
Resources Forum (July 1983); Burns H. Weston, "International law and the
deprivation of foreign wealth: a framework for future inquiry", in Falk and Black,
eds., The Future of the International Legal Order, vol. 11 (1970), pp. 36-37, 142
and 159-166; and "The Charter of Economic Rights and Duties of States and the
deprivation of foreign-owned wealth", American Journal of International Law,
vol. 75 (1981), pp. 437-475; Robin C. A. White, "A new international economic
order", The International and Comparative Law Quarterly, vol. 24 (1975),
pp. 542-552; and "Expropriation of the Libyan oil concessions - two conflicting
international arbitrations·, The International and Comparative Law Quarterly,
vol. 30 (1981), pp. 1 and 11-13; Gillian White, "A new international economic
order", Virginia Journal of International Law, vol. 16 (1976), pp. 323-345;
Hasan S. Zakariya, ·Sovereignty over natural resources and the search for a new
international economic order", in Hossain, ed., Legal Aspects of the New
International Economic Order (1980), pp. 208-219.
]&/ A/36/648, annex, para. 69 (consultants' report annexed to the report of
the Secretary-General, 10 November 1981).
37/ Oscar Schachter, Sharing the World's Resources (1977) at p. 124, citing
resolutions 1803 (XVII)I 3016 (XXVII); 2692 (XXV); 3201 (S-VI), para. 4 (e); and
3202 (S-VI), sect. VIII.
38/ See articles 15 and 38 of the Vienna Convention on Succession of States
in Respect of State Property, Archives and Debts and the discussion of these
articles in the International Law Commission, the Sixth Committee and the Vienna
Conference. See particularly statements made at the Conference by India,
A/CONF.117/C.l/SR.13, p. 5; Brazil, p. 12; Hungary, p. 13; Senegal, SR.14, p. 4;
Thailand, p. 6; Syrian Arab Republic, p. 6; Egypt, SR.36, p. 2; Morocco, p. 12.
For references to jus cogens in relation to permanent sovereignty, see Brownlie,
Principles of Public International Law, supra (note 35), at p. 5131 supra (note 3),
pp. 269-270; S. Roy Chowdhury, International Law Association, Sixtieth Conference
(Montreal) (1982), p. 219; MUller, supra (note 35), at pp. 77-78, footnote 159.
39/ See discussion and voting at the Vienna conference. For the roll-call
vote on the Convention, which was adopted by 54 votes to 11, with 11 abstentions,
see Journal of the conference, No. 27, 88(?) April 1983, p. 7. The vote on
paragraph 4 of article 15 was 49-21-4 and o~ article 38, 55-21-1. See partiCUlarly
statements made at the Conference by Switzerland, A/CONF.117/C.l/SR.14, pp. 4-5;
United States of America, SR.15, p. 5; Netherlands, p. 81 Federal Republic of
Germany, SR.36, p. 7; Canada, SR.37, p. 6. See also statements of Greece, SR.37,
p. 4, and Sweden, p. 6.
/ ...
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iQ/ The term "national resources" covers IInatural and all other resources,
wealth and economic activities".
41/ For collection of texts of prov1s1ons relating to restitution see
uNITAR/DS/5, supra (note 3), pp. 440-442. See also UNITAR/DS/5, pp. 351-354
and 373/ Mea9her, supra (note 35), pp. 82-83/ Schachter, Sharing the World's
Resources, pp. 21-23/ Gillian White, supra (note 35), p. 338; Brower and Tepe,
supra (note 35), p. 316.
42/ The term I'national resources" covers "natural and all other resources,
weal th and economic activi ties 11.
43/ For the consideration of these resolutions in the Second Committee see
Official Records of the General Assembly, Twenty-eighth Session, Second Committee,
1578th meeting, p. 441/ l579th meeting, pp. 445-449/ 1580th meeting, pp. 449-450;
158lst meeting, pp. 473-474; Twenty-ninth Session, 1630th meeting, pp. 335-336/
1635th meeting, pp. 359-364/ Thirtieth Session, l708th meeting, p. 357/
l7l2th meeting, pp. 373-377/ Thirty-first Session, 62nd meeting, pp. 2-5/
Thirty-second Session, 56th meeting, pp. 4-10; Thirty-fourth Session, 42nd meeting,
p. 3, 53rd meeting, pp. 3-5/ Thirty-fifth Session, 17th meeting, pp. 3-6,
Thirty-sixth Session, 45th meeting, pp. 4-6, 46th meeting, pp. 13-15,
Thirty-seventh Session, 36th meeting, p. 21 40th meeting, pp. 2-9/ 41st meeting,
pp. 6-8, 42nd meeting, pp. 2-3.
44/ Resolutions 37/88, 37/122, 37/123, 36/15, 36/147, 36/150, 36/226 B,
35/122, 34/90, 33/113, 32/91, 31/106, 3525 (XXX), 3240 (XXIX), 3092 (XXVIII),
2252 (ES-V). See also 2851 (XXVII), 2727 (XXV), 2546 (XXIV) and 2443 (XXIII).
Resolutions and decisions of the General Assembly and of the Security Council
relating to the question of Palestine, 1947-1982, are collected in documents
A/AC.183/L.2 and Add.1-3.
i2/ Resolutions 37/88 C, 36/147 C, 35/122 e, 34/90 A, 33/113 C, 32/91 C,
31/106 C, 3525 (XXX) A, 3240 (XXIX) A and 3092 (XXVIII) B.
~/ Resolutions adopted by the General Assembly on the report of the Special
Political Committee have contained similar condemnations of "illegal exploitation
of the natural wealth, resources and population of the occupied territories". See
resolutions cited in note 45.
il/ The International Court of Justice (I.C.J. Reports 1971, p. 54) has
stated:
"A binding determination made by a competent organ of the united Nations to
the effect that a situation is illegal cannot remain without consequence.
Once the Court is faced with such a situation, it would be failing in the
discharge of its judicial functions if it did not declare that there is an
obligation, especially upon Members of the united Nations, to bring that
situation to an end. As this Court has held, referring to one of its
decisions declaring a situation as contrary to a rule of international law:
'This decision entails a legal consequence, namely that of putting an end to
an illegal situation.' (I.C.J. Reports 1951, p. 82) ".
/ ...
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48/ See also resolutions of the General Assembly, in particular 37/88 C,
paras-.-7-9 and 111 36/147 C, paras. 7-9 and 11/ 35/122 C, paras. 5-8/ 34/90 A,
paras. 5-8/ 33/113 C, paras. 5-8/ 32/91 C, paras. 5-8/ 31/106 C, paras. 5-8/
3525 A (XXX), paras. 5-10/ 3240 A (XXIX), paras. 3-8 and 3092 B (XXVIII),
paras. 3-8.
~/ Resolution 242 (1967) also:
"Affirms that the fulfilment of Charter principles requires the
establishment of a just and lasting peace in the Middle East which should
include the application of both the following principles:
H(i) Withdrawal of Israel armed forces from territories occupied in the
recent conflict/
"(ii) Termination of all claims or states of belligerency and respect for
and acknowledgement of the sovereignty, territorial integrity and
political independence of every State in the area and their right
to live in peace within secure and recognized boundaries free from
threats or acts of force.·'
50/ Documents S/13450 and Corr.l and Add.l/ S/13679/ S/14268.
51/ For discussion of the law of belligerent occupation see Castren, The
Present Law of War and Neutrality (1959)/ E. Feilchenfeld, The International
Economic Law of Belligerent Occupation (1942)/ Greenspan, The Modern Law of Land
Warfare (1959)/ Hyde, International Law Chiefly as Interpreted by the United States
(2nd ed., 1945), vol. 3, pp. 1876-1912/ M. McDougal and F. Feliciano, Law and
Minimum World Public Order (1961), pp. 732-832/ L. Oppenheim, International Law
(H. Lauterpacht, ed., 7th ed., 1948-1952), vol. 2, pp. 430-456/ G. Schwarzenberger,
International Law, vol. 2 (1968), pp. 161-358/ J. Stone, Legal Controls of
International Conflict (2nd impress. rev., w. supp. 1953-1958, 1959), pp. 693-732/
G. von Glahn, The Occupation of Enemy Territory: A Commentary on the Law and
Practice of Belligerent Occupation (1957). See also materials collected in
Hackworth, Digest of International Law, vol. 1 (1940), pp. 144-159/ vol 6 (1943),
pp. 386-415/ and Whiteman, Digest of International Law, vol. 1 (1963), pp. 946-966,
and vol. 10 (1968), pp. 540-598.
52/ International Law, vol. 2, p. 432 (H. Lauterpacht, ed., 7th ed.,
1948-1952) •
21/ A convenient transition point is found in the United States Supreme Court
opinion by Chief Justice John Marshall in American Insurance Company v. Canter
(1 Peters 542 (1828»:
"the usage of the world is, if a nation be not entirely subdued, to consider
the holding of conquered territory as a mere military occupation, until its
fate shall be determined at a treaty of peace".
21/ Schwarzenberger, International Law, vol. 2 (1968), p. 166/ Oppenheim,
supra (note 51)/ von Glahn, The Occupation of Enemy Territory (1957), p. 7.
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55/ Oppenheim, supra (note 51), pp. 433-434, von Glahn, supra (note 51),
pp. 31-33, Schwarzenberger, supra (note 51), pp. 172-173, K. Skubiszewski in
Sorensen, Manual of Public International Law, p. 833 (1968), Feilchenfeld, supra
(note 51), p. 8171 P. Fauchille, Trait~ de droit international pUblic (1921),
pp. 215-216, Capotorti, L'OCcupazione nel Divitto di Guerra (1949), United States,
p. 57, Department of State, Memorandum of Law, 1 October 1976, reproduced in
International Legal Materials, vol. 16 (1977), pp. 734-735, and other authorities
cited in footnote 1 of the Memorandum.
56/ Does crude oil in situ constitute munitions de guerre? In Bataafsche
(N. V. de Bataafsche Petroleum Maatschappij and Others v. The War Damage
Commission, International Law Reports, p. 810 (1956», C. J. Whyatt held the
seizure and subsequent extraction and refining of crude petroleum was economic
plunder and that such crude oil was not munitions de guerre. Focus was on
amenability to direct military use. Due to the need for "elaborate installations"
(p. 823) to extract and refine it, the oil failed to qualify as ·arms or ammunition
which could be used against the enemy in fighting· (ibid.). In counterpoint,
J. Whitton dissenting, noted the shift from reliance-on-horse and steam engine in
1907 to the dependence on petroleum-based transport. Given this shift, he saw an
apparent inconsistency in allowing seizure of refined petroleum but not crude
stocks in situ (p. 847).
Although some writers - Oppenheim, vol. 2, p. 4041 Smith, ·Booty of war",
British Yearbook of International Law, vol. 13 (1946), pp. 227 and 2281 and
Feilchenfeld, para. 161, pp. 39-40 - have defined munitions de guerre in broad
terms, e.g., "all movable articles for which a modern army can find any normal use"
(Smith, loco cit.), E. Lauterpacht, ·The Hague Regulations and the seizure of
munitions de guerre·, British Yearbook of International Law, vol. 32 (1955-56),
pp. 218-243, offers a narrow interpretation based on the factors of "direct use"
and the likelihood of prolonging conflict (p. 234). Lauterpacht also relies on the
intent of the drafters of the Brussels Declaration and the Hague Regulations as
seen in contradistinction to prior practice of unrestricted seizure. This
interpretation accords with the use of the term munitions de guerre "as being a
term of art descriptive in a general way of weapons and other movable objects which
could readily be employed in battle •••• (p. 226).
57/ Supreme Court Judgement with regard to the Elon Moreh Settlement,
unofficial English translation in International Legal Materials, vol. 19 (1980),
p. 148 ff.
58/ Edward R. Cummings, ·Oil resources in occupied Arab territories under the
law of belligerent occupation·, Journal of International Law and Economics, vol. 9
(1974), pp. 533-593, Antonio Crivellaro, ·Oil operations by a belligerent
occupant: the Israel-Egypt dispute", The Italian Yearbook of International Law,
vol. 3 (1977), pp. 171-187, Allan Gerson, "Off-shore oil exploration by a
belligerent occupant: the Gulf of Suez dispute·, American Journal of International
Law, vol. 71 (1977), pp. 725-733, Brice M. Clagett and O. Thomas Johnson, Jr., "May
Israel as a belligerent occupant lawfully exploit previously unexploited oil
resources of the Gulf of Suez?", American Journal of International Law, vol. 72
(1978), pp. 558-585/ Panel of American Society of International Law
(Edward R. Cummings, Brice M. Clagett, William D. Ragers and Allan Gerson, and
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remarks by David Small), Proceedings of the Seventy-second Annual Meeting,
April 27-29, 1978, pp. 118-142; Monroe Leigh, united States Department of State
Memorandum of Law on Israel's right to develop new oil fields in Sinai and the Gulf
of Suez, International Legal Materials, vol. 16 (1977), pp. 733-753; Israel:
Ministry of Foreign Affairs Memorandum of Law on the right to develop new oil
fields in Sinai and the Gulf of Suez, International Legal Materials, vol. 17
(1978), pp. 432-444; Letter of David H. Small, Assistant Legal Adviser, Department
of State, Digest of United States Practice in International Law 1977, pp. 920-922.
59/ See examples given by Clagett and Johnson,
One amusing exception from Justinian's Digest: "
fruits of the estate, unless it grows on the estate,
Gaul and Asia.·
supra (note 58), at p. 568.
marble is not included in the
as happens in some quarries in
~/ United States Army Field Manual CF. M. 27-10) para. 402; united Kingdom
Manual of Military Law, para. 610; Stone, Legal Controls of International Conflict
(1954), p. 714.
61/ Cummings, Crivellaro, Clagett and Johnson and Department of State
Memorandum; contra Gerson, Rogers and Israel Ministry of Foreign Affairs Memorandum
(supra, note 58). For a point-by-point analysis and rejection of the Israeli
argument see the Crivellaro and Clagett and Johnson articles cited in note 58 supra.
62/ Blackstone, Commentaries on the Laws of England (1766), p. 282.
!l/ Israel, Ministry of Foreign Affairs Memorandum of Law, supra (note 58).
64/ The Arbitration Tribunal in the ARAMCO case (Saudi Arabia v. Arabian
American Oil Company (1958», International Law Reports, vol. 27 (1963), p. 117
at 157) stated:
tlAn oil concession is a mlnlng concession. It possesses the
characteristic feature of the latter concession, i.e., its operation destroys
the very substance of the concession. The products of the enterprise are not,
therefore, fruits or income, but a part of the capital. This is aptly
expressed by Planiol:
"'What is extracted from a mine or from a quarry is not a product of the
soil; it is the soil itself which is being extracted; the "exploitation"
inevitably results in the exhaustion of the mine. (Traite elementaire de
droit civil, vol. I, 3rd ed., No. 3590, p. 1,173; translation).'·
Clagett and Johnson (note 58 at p. 574), in arguing that article 55 at the very
least prohibits the opening of new mines, conclude, "Finally, and most importantly,
by separately requiring that occupants 'safeguard the capital' of public property,
the drafters of article 55 clearly stated their intention that occupants be held to
the traditional obligation of usufructuaries to 'preserve the substance' of the
property - and obligation that logically prohibits any exploitation of minerals."
They also quote (p. 570) 6 F. Laurent, Principes de droit civil, pp. 563-564
(4th ed., 1887): "To be sure, the usufructuary enjoys like the proprietor, but he
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enjoys the fruits and not the capital. The products of mines and quarries are
certainly not a fruit but a part of the ground. It is therefore the substance of
the thing which the exploiter successively depletes/ how can the usufructuary have
the right to exploit the mines and quarries when he must conserve the substance?"
65/ The French Court of Cassation, in reversing a lower court decision, held
article 55 to require a belligerent occupant to observe regulations limiting the
rate at which forests could be exploited to that which existed prior to the
occupation. "Administration of Waters and Forests v. Falck, 1927", Annual Digest
and Reports of International Law Cases, vol. 4 (1927-1928), p. 563.
~/ Supra (note 51) at pp. 812-813. See Gerson, supra (note 58), at p. 730.
~ In re Krupp and others (Annual Digest and Reports of International Law
Cases, Year 1948, case NO. 214, p. 622 ff.)/ In re Krauch and others (I. G. Farben
trial) (ibid., case No. 218, pp. 672-678)/ and In re Flick and others (Annual
Digest ••• , Year 1947, case No. 122, p. 266).
~/ The United States Department of State Memorandum of Law (supra, note 58)
at pp. 742-746 takes the latter position that the property can only be used for
purposes of the occupation while the Israel Ministry of Foreign Affairs Memorandum
of Law (supra, note 58) at pp. 436-437 considers that there are no restrictions of
this kind with respect to article 55.
22/ The full text of the resolution is reproduced in von Glahn, The
OCcupation of Enemy Territory (1957), pp. 194-195, "In view of its importance,
according to the belief of the writer ••• n, von Glahn adds that it represents "the
latest word on the problem [of transfer of title to property beyond the occupied
Territory], comprising as it did the considered opinion of scores of outstanding
jurists".
lQ/ Trial of the Major War Criminals before the International Military
Tribunal, vol. 1 (1974), pp. 238-239, 6 F. R. D. 69, 120. Annual Digest and
Reports of International Law Cases, vol. 13 (1946), p. 203 at pp. 214-215. See
also Clagett and Johnson (supra, note 58, pp. 580-582) and authorities cited
therein. Schwarzenberger refers to this as "a justifiable generalization" (supra,
note 51, p. 251) and Stone broadly summarizes the occupant's powers "within the
limits of what is required for the army of occupation and the needs of the local
population" (supra, note 51, p. 697).
l!/ See United States Department of State and Israel Ministry of Foreign
Affairs Memoranda of Law (supra, note 47) at pp. 746-748 and 437-441, respectively.
72/ Article 43 of the Hague Regulations requires the occupant to respect
"unless absolutely prevented, the laws in force in the country".
73/ The official commentary, p. 283 (Jean S. Pictet, ed.), to this paragraph
of article 49 of the Fourth Geneva COnvention states:
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nIt 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.·
2i/ Protocol I to the Geneva Conventions, adopted on 8 June 1977 by the
Diplomatic Conference on the Reaffirmation and Developm~nt of International.
Humanitarian Law Applicable in Armed Conflicts (see A/32/144 of 15 August 1977,
reproduced in International Legal Materials, vol. 16 (1977), p. 1,391 at p. 1,428),
adds special emphasis to this provision by making the transfer of civilian
population into occupied territory a grave breach of the Protocol. Article 85,
paragraph 4, provides:
"In addition to the grave breaches defined in the preceding paragraphs and in
the Conventions, the following shall be regarded as grave breaches of this
Protocol, when committed wilfully and in violation of the Conventions or the
Protocol:
"(a) The transfer by the occupying Power of parts of its own civilian
population into the territory it occupies, or the deportation or transfer of
all or part of the population of the occupied territory within or outside this
territory, in violation of Article 49 of the Fourth Convention, ••••
75/ Michael Bothe, Karl Joseph Partsch and Waldemar A. Solf, New Rules for
Victims of Armed Conflicts (1982), p. 518, in the commentary on this provision of
article 85, para. 4 state:
"Subparagraph (a) does not relate to a provision of the Protocol but to
article 49 of the Fourth Convention. This is an exceptional case. It is also
remarkable that the main case envisaged in subparagraph (a) - the transfer by
the occupying power of parts of its own civilian population into the territory
it occupies - appears in article 49 of the Fourth Convention only in
paragraph 6 at the end. The reason for this inversion is a practical
experience in a specific case: the settlement of Israelis on the Golan
Heights and on the West Bank of Jordan, while article 49 was influenced by
experiences during World War 11, when a great number of inhabitants of
occupied territories in Eastern Europe had been transferred to other
regions. R
See also Gerhard von Glahn, Law among Nations (4th ed., (1981», pp. 678-679.
]&/ See Digest of United States Practice in International Law 1977,
pp. 922-924. Alfred L. Atherton, Assistant Secretary for Near Eastern and South
East Asia Affairs, testifying before a House of Representatives Subcommittee said,
..... we see the Israeli settlements as inconsistent with international law.
(citing the Fourth Geneva Convention, article 49) ••• In addition, we believe that
under international law generally a belligerent occupant is not the sovereign power
and does not have the right to treat occupied territory as its own or to make
changes in the territory except those necessitated by the immediate needs of the
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occupat~on. In general an occupant may only use the resources of the territory,
including pUblic lands, to meet the expenses of administering the territory and the
military needs of the army of occupation and for the direct benefit of the
indigenous inhabitants". See also Letter of the Legal Adviser of the Department of
State, International Legal Materials, vol. 17 (1978), pp. 777-779; American Journal
of International Law, vol. 72 (1978), pp. 908-911. The Supreme Court of Israel in
the Elon Moreh Settlement case (International Legal Materials, vol. 19 (1980),
pp. 176-177) asks "how is it possible to establish a permanent settlement on land
which has been seized only for temporary use?" and replies that such establishment
"encounters a legal obstacle which is unsurmountable .... Alan Gerson, Israel, the
West Bank and International Law (1978), p. 161, states "Such use [civilian
settlement] is in contravention of article 55 of the Hague Regulations requiring
the occupant to act as administrator and usufructuary of enemy public property."
11/ Antonio Crivellaro (supra, note 58), pp. 184-185; Clagett and Johnson
(supra, note 58), p. 577. Professor Crivellaro, referring to the principle of
permanent sovereignty, states:
"The point just made unquestionably strengthens the Egyptian position and
confirms the unlawful nature of Israel's conduct. The rights of a sovereign
State (albeit occupied) over its public property are already safeguarded and
the powers of the occupying State respectively restricted by the customary law
of warfare. The same public property, such as natural resources, becomes all
the more and especially protected in that the international community has
deemed it necessary to categorically ascribe such property to the sole power
of the lawful owner State." (p. 185)
78/ See the reports of the International Law Commission dealing with state
responsibility. The latest report is in Official Records of the General Assembly,
Thirty-seventh Session, Supplement No. 10 (A/37/l0).
12/ Permanent Court of International Justice, JUdgement No. 13 (Indemnity),
13 September 1928, in Manley O. Hudson, World Court Reports, vol. I, p. 664.
80/ World Court Reports, pp. 662 and 664.
81/ Ibid., pp. 677-678; see also p. 694.
~ Paragraphs 15 (e) and 17 ee) above.
~ For some views on the legal effect of General Assembly resolutions see
Michael Akehurst, "Custom as a source of international law", British Yearbook of
International Law 1974-1975, vol. 47, p. 1-53, particularly pp. 5-8;
Gaetano Arangio-Ruiz, "The normative role of the General Assembly of the United
Nations and the Declaration of Principles of Friendly Relations", Recueil des
Cours, vcl. 137 (1972-III), p. 419 at pp. 431-518; Obed Asamoah, "The legal effect
of resolutions of the General Assembly", Columbia Journal of Transnational Law,
vol. 3 (1964-1965), pp. 210-230; and The Legal Significance of the Declarations of
the General Assembly of the United Nations (1966); Sir Kenneth Bailey, "Making
international law in the United Nations", Proceedings of the American Society of
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International Law, Sixty-first Annual Meeting (1967), pp. 233-239; Suzanne Bastid,
·Observations sur une 'etape' dans le developpement progress if et la codification
des principes du droit international· in Recueil d'etudes de droit international en
hommage a Paul Guggenheim (1968), pp. 132-145; Adam Basak, Decisions of the United
Nations Organs in the Judgments and Opinions of the International court of Justice
(1969); Rudolf L. Bindschedler, ·La delimitation des competences des Nations
Unies·, Recueil des Cours, vol. 108 (1963-1), pp. 344-366; Samuel A. Bleicher, "The
legal significance of re-citation of General Assembly resolutions", American
Journal of International Law, vol. 63 (1969), pp. 444-478; Hanna Bokar-Szego, ~
Role of the United Nations in International Legislation (1978); D. W. Bowett, The
Law of International Institutions (3rd ed., 1975), pp. 41-51; Brownlie, supra,
notes 3 and 35; Pierre F. Brugiere, Les pouvoirs de l'Assemblee generale des
Nations Unies en matiere politique et de securite (1955); Jorge Castaneda, Legal
Effects of United Nations Resolutions (1969); Alex C. Castles, "Legal status of
United Nations resolutions·, Adelaide Law Review, vol. 3 (1967-1970), pp. 68-83;
Bin Cheng, "United Nations resolutions on outer space: 'instant' international
customary law?", Indian Journal of International Law, vol. 5 (1965), pp. 23-48;
Anthony d'Amato, "On consensus·, Canadian Yearbook of International Law, vol. 8
(1970), pp. 104-122; Ingrid Detter, Law Making by International Organizations
(1965); Lino di Qual, Les effets des resolutions des Nations Unies (1967);
C. J. R. Dugard, "The legal effect of United Nations resolutions on apartheid",
South African Law Journal, vol. 83 (1966); Nabil El Arabi, "Legal effects of the
General Assembly resolutions: some remarks·, Revue egyptienne de droit
international, vol. 31 (1975), pp. 273-277 (in Arabic); T. Olawale Elias, "Modern
sources of international law·, in Transnational Law in a Changing Society, Essays
in Honor of Philip C. Jessup (1972), pp. 44-52; Richard A. Falk, "On the
quasi~legislative competence of the General Assembly", American Journal of
International Law, vol. 60 (1966), pp. 782-791; Oscar M. Garibaldi, "The legal
status of General Assembly resolutions: some conceptual ,observations", Proceedings
of the American Society of International Law, seventy-third Annual Meeting (1979),
pp. 324-327; Francisco Ramos Galino, "Las resoluciones de la Asamblea General de
las Naciones Unidas y su fuerza legal", Revista Espanola de Derecho Internacional,
vol. 11, (1958), pp. 95-128; A. Gomez Robledo, ·Le ius cogens international: sa
genese, sa nature, ses fonctions", Recueil des Cours, vol. 172 (1981-111);
Leo Gross, "The United Nations and the role of law", International Organization,
vol. 19 (1965), pp. 537-561; Edvard Hambro, ·Some notes on parliamentary
diplomacy·, in Transnational Law in a Changing Society, Essays in Honor of
Philip C. Jessup (1972), pp. 296-297; M. S. A. Hamid, "La valeur juridique des
resolutions des organisations internationales comme source de principes de droit
international", Revue egyptienne de droit international, vol. 24 (1968), p. 119 (in
Arabic); Rosalyn Higgins, The Development of International Law through the
Political Organs of the United Nations (1963), particularly pp. 1-10; see also
proceedings of the American Society of International Law, Fifty-ninth Annual
Meeting (1965), pp. 116-124, and Sixty-fourth Annual Meeting (1970), pp. 37-48;
R. C. Hingorani, Modern International Law (1979), p. 25; R. Y. Jennings, "Recent
developments in the International L~W Commission: its relations to the sources of
international law·, The International and Comparative Law Quarterly, vol. 13
(1964), p. 385 at pp. 390-394; E. Jimenez de Arechaga, "General course in public
international law", Recueil des Cours, vol. 159 (1978-1), pp. 12 and 30-34;
D. H. N. Johnson, "The effect of resolutions of the General Assembly of the united
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Nations", British Yearbook of International Law 1955-56, vol. 32, pp. 97-122;
Christopher C. Joyner, "United Nations General Assembly resolutions and
international law: rethinking the contemporary dynamics of norm-creation",
California Western International Law Journal, vol. 11 (1981), pp. 445-478;
Rahmatull~h Khan, "The Legal Status of the resolutions of the United Nations
General Assembly", Indian Journal of International Law, vol. 19 (1979),
pp. 552-559; Gabriella Rosner Lande, "The changing effectiveness of General
Assembly reSOlutions", Proceedings of the American Society of International Law,
Fifth-eighth Annual Meeting (1964), pp. 162-170; "The effect of the resolutions of
the United, Nations General Assembly", in Robert S. Wood, ed., The Process of
International Organization (1971), pp. 199-220; Myres S. McDougal and
W. Michael Reisman, "The prescribing function in the world constitutive procesR'
how international law is made", Yale Journal of World Order StUdies, vol. 6 (1980),
p. 249; Edward McWhinney, book review, American Journal of International Law,
vol. 75 (1981), p. 393; Maurice Mendelson, "The legal character of General Assembly
resolutions: some considerations of principle", in Kamal Hossain, ed., Legal
Aspects of the New International Economic Order (1980), pp. 95-107; Hermann Mosler,
The International Society as a Legal Community (1980), pp. 88-91; N. G. Onuf,
"Professor Falk on the quasi-legislative competence of the General Assembly",
American Journal of International Law, vol. 64 (1970), pp. 349-355;
Christopher Osakwe, "Contemporary Soviet doctrine on the sources of general
international law", Proceedings of the American Society of International Law,
Seventy-third Annual Meeting (1979), pp. ,310-324; Clive Parry, The Sources and
Evidences of International Law (1965), pp. 19-23; G. Piotrowski, "Les resolutions
de l'Assemblee generale des Nations Unies et la portee du droit conventionel",
Revue de droit international de sciences diplomatiques et politiques, vol. 33
(1955), pp. 111-125 and 221-242; W. Michael Reisman, "International lawmaking, a
process of communication", Proceedings of the Seventy-fifth Anniversary Convocation
of the American Society of International Law (1981), pp. 101-120; Paul
Laurence Saffo, "The common heritage of mankind: has the General Assembly created
a law to govern seabed mining?", Tulane Law Review, vol. 53 (1978-1979),
pp. 492-520; Oscar Schachter, "The relation of law, politics and action in the
United Nations", Recueil des Cours, vol. 109 (1963-11), pp. 185-188; and "Towards a
theory of international obligation", Virginia Journal of International Law, vol. 8
(1967-1968), pp. 300-322; also in Schwebel, ed., The Effectiveness of International
Decisions (1971), pp. 9-31; Christopher Schreuer, Decisions of International
Institutions before Domestic Courts (1981); Stephen M. Schwebel, "The effect of
resolutions of the United Nations General Assembly on customary international law",
Proceedings of the American Society of International Law, Seventy-third Annual
Meeting (1979), pp. 301-309; S. Prakash Sinha, "Identifying a principle of
international law today", The Canadian Yearbook of International Law, vol. 11
(1973), pp. 116-120; Krzysztof Skubiszewski, "Recommendations of the United Nations
and municipal courts", British Yearbook of International Law 1972-1973,
pp. 353-364; "The General Assembly of the United Nations and its power to influence
national action", Proceedings of the American Society of International Law,
Fifty-eighth Annual Meeting (1964), pp. 153-162; "Enactment of law by international
organizations", British Yearbook of International Law 1965-1966, p. 198 at
pp. 229-233; F. Blaine Slean, "The binding force of a 'recommendation' of the
General Assembly of the United Nations", British Yearbook of International Law
1948, pp. 1-33; Louis B. Sohn, John A. Sibley lecture: "The shaping of
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international law·, Georgia Journal of International and Comparative Law, vol. 8
(1978), pp. 1-25 at 13-25; "The development of the Charter of the united Nations",
in Maarten Bos, ed., The Present State of International Law and Other Essays
(1973), pp. 39-59; Max Sorensen, "Principes de droit international pUblic", Recueil
des Cours, vol. 101 (1960-UI), pp. 92-103; Julius Stone, "Conscience, law, force
and the General Assembly", in G. Wilner, ed., Jus et Societas - Essays in Tribute
to Wolfgang Friedmann (1979), pp. 297-337; Erik Suy, "Innovations in international
law-making processes", in Macdonald, Johnston and Morri&, eds., The International
Law and Policy of Human Welfare (1978), pp. 187-200; A. J. P. Tammes, "Decisions of
international organs as a source of international law", Recueil des Cours, vol. 94
(1958-11), pp. 261-364; H. W. A. Thirlway, International Customary Law and
Codification (1972), pp. 61-79; Gregory I. Tunkin, Theory of International Law
(1974), pp. 161-179, and "International law in the international system", Recueil
des Cours (1975-IV), pp. 142-152; F. A. Vallat, "The competence of the United
Nations General Assembly", Recueil des Cours (1959-11), pp. 207-289;
Alfred Verdross, "Les principes gen~raux de droit dans le systeme des sources de
droit international public, in Recueil d'etudes de droit international en hommage a
Paul Guggenheim (1968), pp. 525-526; Michel Virally, "La valeur juridique des
recommandations des organisations internationales", Annuaire francois de droit
international, vol. 2 (1956), p. 66; "Le role des 'principes' dans le developpement
du droit international", in Recueil d'etudes de droit international en hommage a
Paul Guggenheim (1968), pp. 531-554.
~/ A Philippine proposal at the San Francisco COnference to give the General
Assembly, acting in conjunction with the Security Council, legislative authority
was rejected by 26 votes to 1 (United Nations Conference on International
Organization, 11/2/22). Generally recognized exceptions are resolutions on matters
internal to the organization and decisions on budgetary matters under Article 17 of
the Charter.
~/ Legal COnsequences for States of the Continued Presence of South Africa
in Namibia (South west Africa) notwithstanding Security Council resolution
276 (1970), Advisory Opinion, I. C. J. Reports 1971, p. 50.
86/ Certain Expenses of the United States, Advisory Opinion, I. C. J. Reports
1962, p. 163.
n/
Advisory
Opinion,
In particular resolutions 1514 (XV) and 2625 (XXV). western Sahara,
Opinion, I. C. J. Reports 1975, p. 32-33. See also Namibia Advisory
I. C. J. Reports 1971, p. 31.
88/ One may also recall the statements of individual judges concerning the
accumUlative effect of reSOlutions. Judge Lauterpacht in the South West Africa
Voting Procedure case stated:
"Although there is no automatic obligation to accept fully a particular
recommendation or series of recommendations, there is a legal obligation to
act in good faith in accordance with the principles of the Charter and the
System of Trusteeship. An administering State may not be acting illegally by
declining to act upon a recommendation or series of recommendations on the
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same subject. But in doing so it acts at its peril when a point is reached
when the cumulative effect of the persistent disregard of the articulate
opinion of th~ Organization is such as to foster the conviction that the State
in question has become quilty of disloyalty to the Principles and Purposes of
the Charter. Thus an Administering State which consistently sets itself above
the solemnly and repeatedly expressed judgment of the Organization, in
particular in proportion as that judgment approximates to unanimity, may find
that it has overstepped the imperceptible line between impropriety and
illegality, between discretion and arbitrariness, between the exercise of the
legal right to disregard the recommendation and ~he abuse of that right, and
that it has exposed itself to consequences legitimately following as a legal
sanction." (1. C. J. Reports 1955, p. 120)
JUdge Tanaka dissenting in the 1966 South West Africa case said "the accumulation
of authoritative pronouncements such as resolutions, declarations, decisions, etc.,
concerning the interpretation of the Charter by the competent organs of the
international community can be characterized as evidence of the international
custom referred to in Article 38, paragraph I (b)." (I. C. J. Reports 1966, p. 292)
See also dissenting opinion of Judge Jessup, p. 441. Alex C. Castles, "Legal
status of United Nations resolutions", Adelaide Law Review, vol. 3 (1967-1970),
pp. 68~83 at p. 83, has summed up the position as follows:
"The law-making force of an accumulation of resolutions on a particular
SUbject may also find legal force from another source of rUle-making in the
international community. The unanimous or almost unanimous practice of states
as exemplified in their consistent support for a series of resolutions on a
particular matter may also indicate that a particular practice has become a
recognized element of customary international law. 11
For an analysis of General Assembly practice see Samuel A. Bleicher, "The legal
significance of re-citation of General Assembly resolutions", American Journal of
International Law, vol. 63 (1969), pp. 444-478. See also Oscar Schachter, "Towards
a theory of international obligation", Virginia Journal of International Law,
vol. 8 (1967-1968), pp. 300-322, also in Schwebel, ed., The Effectiveness of
International Decisions (1971), at pp. 12-13.
!21 See Gaetano Arangio-Ruiz, "The normative role of the General Assembly of
the United Nations and the Declaration of Principles of Friendly Relations",
Recueil des Cours, vol. 137 (1972-111), p. 476:
"The simple repetition of a rule in the Assembly does not by itself 'create' in
spite of overwhelming majorities, similarity (or identity) of content,
frequency of reiteration or citation, or length of the period covered by the
repetitions - a corresponding customary norm. It would be too easy if the
'shouting out' of rules through General Assembly resolutions were to be
law-making simply as a matter of 'times' shouted and size of the choir."
901 Judge Hermann Mosler, The International Society as a Legal Community
(1980), pp. 88-89, concludes: "After quite a long and fierce dispute it now seems
that the extreme views, on the one hand that resolutions have no binding effect at
all or on the other hand that they have a legislative effect, have been abandoned
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and that a generally accepted view is emerging. There can be no single answer to
the question - resolutions must be distinguished accordingly to various factors,
such as the intention of the General Assembly, the content of the principles
proclaimed and the majority in favour of their adoption." Professor
W. Michael Reisman, in the Harold D. Lasswell Memorial Lecture at the Seventy-fifth
Anniversary Convocation of the American Society of International Law, in presenting
the McDougal-Lasswell-Reisman analysis of such factors, expressed them as a process
involving the communicators, policy content, authority signal, control intention
and the target audience. Proceedings, 1981, pp. 101-120 at p. 108. A fuller
expression is presented on p. 107.
2!1 Compare Article 38 of the Statute of the International Court of Justice.
92/ See note 83 supra.
93/ "Modern sources of international law", in Friedman, Henkin and Lissitzyn,
eds., Transnational Law in a Changing Society, Essay in Honor of Philip C. Jessup,
p. 46, and Proceedings of the American Society of International Law, 1981,
pp. 29-31.
94/ Supra, note 83.
12/ Namibia Advisory Opinion, I. C. J. Reports, 1971, p. 53.
96/ Ibid., p. 53. See p. 52 for the power of the Security Council to take
decisions under Article 24. See Rosalyn Higgins, "The Advisory Opinion on
Namibia: which United Nations resolutions are binding under Article 25 of the
Charter?", The International and Comparative Law Quarterly, vol. 21 (1972),
pp. 270-286.
97/ For example see Digest of United States Practice in International Law
1978, pp. 1575-1578; and British Yearbook of International Law 1980, pp. 480-481.
The Supreme Court of Israel in the Beit-El and Elon Moreh Settlement cases
recognized the applicability to the occupied territories of the Hague Regulations
as customary international law being a part of the municipal law of Israel. Stone
argues that this is not equivalent "to a holding that under international law the
only standing under which Israel may exercise authority in the territories
concerned is that of a belligerent occupant". ("Aspects of the Beit-El and
Elon Moreh cases", Israel Law Review, vol. 15 (1980), p. 476 at pp. 493-494). It
should also be noted that although Israel is a party to the Fourth Geneva
Convention and thus bound internationally, Israeli courts follow the British
practice of not applying treaty law until it has been incorporated into municipal
law by legislation. Consequently the Supreme Court noted that the Geneva
Conventions belonged to consensual international law which is not in the nature of
a law that binds an Israeli court.
98/ See Yehuda Z. Blum, "The missing reversioner: reflections on the status
of Judea and Samaria", Israel Law Review, vol. 3 (1968), pp. 279-301, Meir Shamgar,
"The observance of international law in the administered territories", Israel
Yearbook on Human Rights, vol. 1 (1971), pp. 262 ff. For discussion see
Allan Gerson, Israel, the West Bank and International Law (1978), p. 80.
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12/ See Israel Ministry of Foreign Affairs, Memorandum of Law (note 58
supra), pp. 432-433. The Israel Ministry of Foreign Affairs relied on a statement
by Feilchenfeld (supra, note SI, p. 6) that section III of the Hague Regulations
applies expressly only to the typical case of belligerent occupation where one
belligerent has overrun a part of the territory belonging to an enemy State, where
both armies are still fighting in the field and where no armistice or other
agreement has been concluded. There seems to be no support in state practice for
this view and Feilchenfeld himself states that "it is generally recognized that the
Hague Regulations continue to apply, except so far as deviations result from, or
have been stipulated in, the armistice agreement" (ibid., p. Ill). Nor has anyone
pointed out precisely where the Hague Regulations so limit their applicability
(Clagett and Johnson, supra, note 58, p. 561).
100/ Alwyn Freeman, "Law of war booty", American Journal of International Law,
vol. 40 (1946), pp. 796-797. Even in traditional international law the latter
(assumption of sovereignty) could take place only with the conclusion of a peace
treaty or the complete subjugation of an enemy State (debellatio). Under the law
of the United Nations Charter acquisition of territory by force is inadmissible.
Supra, paragraph 21 of this study.
101/ Schwarzenberger (supra, note SI, p. 173) states:
••• "in the absence of any agreement between belligerents to the contrary, it
[a rule pertaining to the laws of war] applies as much after, as before, an
armistice, for post-armistice occupation is still belligerent occupation."
102/ In this connection see the proposal for a trustee-occupant status in
Allan Gerson, "Trustee-occupant: the legal status of Israel's presence in the West
Bank", Harvard International Law Journal, vol. 14 (1973), pp. 1-49; and Israel, the
West Bank and International Law (1978), pp. 78-82. See also Mahnoush H. Arsanjani,
"United Nations competence in the West Bank and Gaza Strip", The International and
Comparative Law Quarterly, vol. 31 (1982), pp. 426-450, for the suggestion that
these occupied territories be considered non-self-governing territories with the
protection of Article 73 of the Charter of the United Nations and resolution
1514 (XV). Such status would be based on the mandate and trusteeship concept of
qsacred trust" whose ultimate objective, as indicated by the International Court of
Justice, is the self-determination and independence of the people concerned
(I. C. J. Reports 1971, p. 31). For specific reference to permanent sovereignty in
this context, see Decree No. 1 of the United Nations Council for Namibia adopted
for the purpose of securing for the people of Namibia adequate protection of the
natural resources of the territory. The preamble of the Decree expressly relies on
General Assembly resolution 1803 (XVII) "which declared the right of peoples and
nations to permanent sovereignty over their natural wealth and resources." See
Ralph Zacklin, "The problem of Namibia in international law", Recueil des Cours,
vol. 171 (1981-11), pp. 318-327; George R. Schockey, Jr., "Enforcement in United
States courts of the United Nations Council for Namibia's decree on natural
resources", Yale Studies in World Public Order, vol. 2 (1976), p. 295 at pp. 296
and 328; H. G. Scherrners, "The Namibia Decree in national courts··, The
International and Comparative Law Quarterly, vol. 26 (1977), pp. 81-96; Objective
Justice, special issue on Namibia, vol. 14 (1982).
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103/ In this connection see the official commentary (Jean S. Pictet, ed.) to
article 6 of the Fourth Geneva Convention. The rationale for terminating the
application of the Convention as a whole while maintaining certain articles in
force is in line with this view. The drafters of the Geneva Convention envisaged a
speedy return of control to the authorities of the occupied territories, and, in
any event, if the occupation were to be prolonged "as hostilities have ceased,
stringent measures against the civilian population will nO longer be justified"
(pp. 62-63).
104/ See the annex to the report of the Secretary-General on permanent
sovereignty over national reSOurces in the occupied Arab territories (A/36/648,
annex, para. 69, 10 November 1981).
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APPENDIX I
Annex to Hague Convention No. IV of 18 October 1907: Regulations
Respecting the Laws and Customs of war on Land
10riginal: English/Frenchl
ovMerillc'.a.p,tur,end tlt.e"m",· SECTIO.N.. III.-DE L'AUTOBITI:
....,.. MILlTAIBE SUR LE TERBITOIRE
DE L'ETAT ENNE)l!.
Acttlal occupatIon.
~tent.
Praervatlou· oC ordlllr
aDd Mlety.
ARTICI.E 42.
Un temtoire est considere
comme occupe lorsqu'il se trou,"
place de fait .SOtlS l'autorite de r arm~e e]1nemle. .
L'occupo.tion nes'6tend qu'n.ux
teITitoires ou cette autorite est
etablie et en mesure de s'exercer.
ARTICLE 43.
L'alltorite du p,?uvoir legal
ayant passe de fait· ~ntre . le.
mains de l'occupant, celui-ci prendra
tou'es les m..ures qui de.pendent
de lui en vue dc retabhr et
d'assurer, autant qu'il est possible,
l'ordre et la vie publics en respectant,
.auf empechement absolu,
les lois en vigueur dans le
pay•.
ARTICLE 44.
SECTION Ill.-MILIT.\RY Au-
TIIORITY OVER TllE TEnRITORY
OF THE HOSTILE STATE.
ARTICLE 42.
Temtory is considered occupied
·when it is nctua11y plnced under
the nuthority of the hostile armv.
The occupation extends anI)' to
the territory where such authority
has been established nnd can be
.."ercised.
ARTICLE 43.
The authority of the legitimate
power hBYing in fact passed into
the hnnds of the occupnnt, the
lntter shnll take n11 the measures
in his power to restor~·-nnd ensure,
n.s far as possible, public order
and safety, while respectin::r,
unless absolutelv prevented, the
laws in force in the country.
ARTICLE 44.
'0""" '.'.,m,. Il est interdit_ .. un belligerant tlOD from inhabltaD~
forbidden. d.e ~orcer la. population d'un terrltorre,
occupe .. donner de. ren"
seignelnents sur l'arm~e de l'autre
belligerant ou sur ses moyens de
defense.
ARTICLE 45.
Reqn'rln. oath.' Il est interdit de contraindre la &lleg1aDce fOrbidden. • . .
population d'un teITltOlre occupe
.. preter serment .. la Puissance
ennemie. .
ARTICLE 46.
Rltrhtll and property L'hoDneur et lea droits de la.
10 be respected. faml"11e, Ia vio des individus et
la propriete privee, ainsi que les
A be11i~erant is forbidden to
force the lDhnbitant. of territory
occupied by it to furnish information
about the army of the other
belligerent, or ahout its means of
defence.
ARTICLE 45.
It is forbidden to compel the inbabitants
of occupied territory to
swenr allegiance to the hostile
Power.
ARTICLE 46.
Family bonour and rigbts, tbe
lives of persons, nrid private property,
~ well &9.religious convic-
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CONVENTION-WAR ON LAND. OCTonER 18, 1D07.
convictions rcligieuses et l'exercice
des cultes, doivent ~tre
resJlect&..
Lapropri~t~priv~ene peut pas
&tre confisqu6e.
ARTICLE 47.
Le pillage est lormellement interdit.
.
ARTICLE 48.'
. \
Si I'occupant pr61eve,'dans le,
territoireoccupe,Jes impOts, droits
et p6a~es Hablis au profit de
l'Etat, Ille lera; autant que possible,
d'apres les regles de I'assiette
et de la r6part.ition en visrueur, et
il en r6sultera pour lui l'o~ligation
de pourvoir aux frais de I'administration
du territoire occup6 dans
la mesure OU le Gouvernement 16gal
y Hait tenu.
tions Rnd practice, must be respected.
Private property cannot be
confiscated.
ARTICLE 47.
Pillage is lormally lorbidden.
ARTICLE 48.
If, in the territory occupied, the
occupent collects the taxes, dues,
end toll. imposed lor the benefit
01 the State, he shall do so, as lar as
is possible, in accordance with the
rules of assessment and incidenco
in force, and shall in consequence
be bound to defray the expenses
of the administratlOn of the occupied
territory to the samc extent
as the legitimnte Government was
so bound.
No ooal!lOlLtkm.
Pill4geCorbldden.
Collecdon of t&%e&.
ARTICLE 49.
Si, en debors des impOts vis&.
11 l'article pr6c6dent, I occupant
preleve d'outres contributions en
argent dans le territoire occup~,
cc ne J>ourra etre que pour les
besoins de l'arm6e ou de l'administration
de cc territoire.
ARTICLE 50.
ARTICLE 49.
If, in addition to the taxes men- ne~:~et Cor IDlUtAf1
tioned in the obove Article, the
occupant [cvies other money contribut,
ions in the occupied'territorv,
this shall only be for the
needs of the nrmy or of the administrn.
tion of the territory in question.
ARTWLE 50.
. A, ucune pem. o co1IectI've, p~~c'u- ,':I\..'T'lO g-enemI pennIy, pteCU'Olo.ry [lCGt.,enenrfal lpnednl\a'lldtyuatollrl
01O.1re ou nutre, ne pourra. 8tre. or othenvise, shall be inflicted forbidden.
edict6e eontre les populations 11 upon the po~ulation on account of
raison de faits indivlduels dont the ncts of llldividuals for which
ellcs ne pourraicnt ~tre considc- they cannot be regarded us jointly
recs commc sulidllirement rcs- a.nd severally responsible.
pOllS:! bles.
ARTICLE 51.
Aucune contribution ne sera
perr;ue .qu'en vertu d'un ordre
6crit et sous lu responsabilite
d'un general en chef.
11 ne sera proc6de, autant que
possible, a cette perception que
d'apres Jes regles de J'assiette et
de h, repartition des impots en
vigueur.
Pour toute contribution, un
re~u sera delivrc !lUX contl'ibu:J.bles.
ARTICLE 51.
~0 contribution shaH be col- trl1~11:r:n~~D
lected except under a written
order, and on the J'espollsibility
of a Commander-iri-ehief.
The collection of the said contribution
shall only be effected as
far l:1-S possible in accordance with
the lUles of assessment and incidence
of the taxes in force.
For every contribution a re- Recejp~
ceipt shaIl be given to the contributors.
of <:00-
J • ••
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CONVE~TION-WARON L.KD. OCTOBER 18, 1\)07.
Requillltlollll for
Deed.! of army.
Authority.
Payment.
.ARTICLE 52.
nes requisitions en nature et
des services ne pourront atre
reclames des communes ou des
habit""ts, qUB pour les besoins de
I'armee d'accupation. Ils seront
en rapport avec les ressources du
pays et de tello n"turo qu'ils
n'impliquent J;'"s pour les populntions
1'0bligl1tlon de prendre part
auX operatIOns de la guerre contre
leur patrie.
Ces requisitions et ces services
ne scront reclamt5s qu'avec l'autorisation
du comm.ndant dans
la localite oceupee.
Les prcstations en nature serant,
autant que possible, payees
au comptant; sinan, elIes seront
eonstatees pardesre9us, et le paiement
des sonunes d\les sera. efiectu6
le plus tOt possible.
ARTICLE 53.
ARTICLE 52.
Requisitions in kind and services
shall not be demanded from
municipalities or inhabitants ex·
cept for the needs 6f the armv of
occup.lion. They shall bo' in
proportIOn to the resources of the
country, and of such 0. nature tt3
not to involve the inhnhitnnt~ ill
the obligation of taking pUtt in
military operations agaInst their
own country.
Such requisitions nnd services
shall onlY be dem.nded on the
authority of tllO' comm.nder in
the locality occupied.
Contributions in kind shall as
far as possible be pai,l for in cash;
if not, a receipt shaH be given .nd
the payment of the amount ,luo
shall be made as soon a.s possible.
ARTICLE 5".
Seizure of pubUc
C&:Ih, property, J::tc. L'armee qui occupe un territoire
ne pourra saisir que le nnmera.
ire, les fonds et les valeurs
exigibles appartenant en propre 1>.
l'Efllt, les depOts d'armes, moyens
d.e transport, magnsins et nr.proviSlOnnements
et, en gen€:rn . toute
propriete mobili"re de l'Etat de
nature Aservir au.'X operations de
1,1 l(Uerre.
Telegmrh~, trnns- Tiff
portation, etc. ous cs moyens a eet~s sur
terre, sur mer et dans les nirs D.
la tro.nsmission des nouvellcs, nu
transport des personnes ou des
chases, en dehors des cns regis
par le droit maritime, los depOts
cl'armes et, en geneml, toute
espece de munitions de guerre,
peu"Vent ~tre saisis1 mllme s'ils
appartiennent 11 des personnes
pnvees, mats devront Mre restitues
et les indemnites seront reglees
11 la p"ix.
ARTICLE 54.
.An army of occupation elm
only take"' possession of cash,
funds, and reali1.able securities
which are strictly the property of
the State, oepots of arms, mCims
of transportt stores and supplies,
and, generally, all movable property
\ielonging to the State whid.
may be used for mili't,.,-y operations.
All appliances, whether on land,
at se~, or in the air, ndfLpted for
the transmission of news, or for
the transport of pemons or things,
exclusive of cases governed by
na,al law, depots of arms, and,
generally, all kind3 of ammunition
of war, may be seized, even
if they belong to private individuals,
but -must be restored
and compensation fi..."'{ed ,vhen
peace is made.
AlnICLE 54.
...
SUbmarine l)lI.ble~
to neutral territory. Les cubles sous-m.rins reliant
un territoire occupe aun territoire
neutre ne seront saisis ou d~truits
que dans le cas d'une necessite
absolue. 11s devront e~alement
etre restitues et les in<1emnites
seront reglees a la p.b<.
Submarine cables connecting
an occupied territory with a neutral
territory shall not be seized
or destroyed except in the case of
absolute necessity. They must
likewise be restored and compensation
fi.."'{ed when. peace is made.
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CONVENTIO:,-WAR ON L.AND. OCTf)n~n 18, 1007.
ARTICLE 55.
L'Etat occupant ne se considerem
que comme admini.trateur
eL u.uCruitier des edifices publics,
illlmeubles, forOts ct explOltlltions
agricoles appart~nnnt il.l'Etat enncmi
et se trouvant dans le pay.
occupc. Il devra sauyegarder
le fonds de ces proprictcs et les
"dministrer confol'lncment au."
r~gles de l'usuCruit.
AItTICLE 50.
Les biens des communes, ceux
des etablissements consncres "ux
cultes, il III ch,trit. ct ill'instructiOIi,
auX Ilrts et nux sci~nC'C's,
meme appartenant iI. l'Etat, seront
trultes comme I" propriot.
prh,ce.
Toute saisie, destruction ou
tlCgrlldation intentionnelle desemblubles
etubJissements, de monuments
historiques, d'reunes d'art
et de sc(f14ce, est interdite eL doit
etre poursu;"ie.
CertiJic pour copie conConne:
Le Seeretaire-Geneml dll ~linistere
des Affaires Etrungeres
des Pa;'s-Ba",
IIAN'llEMA.
ARTICLE 5.5.
The Occup)'in" State shall be Adm'n"H,,,'"n of
~ . , pUll'''' pm~rl)' 10 QCoo regarded only as admlnlstrator (;UI.i~d ll:rritory.
and llSllfructunrv of publie huildin~
J real estate; forests, and og-ri-
CUltural estates belon~in!( to the
hostile State, an,l Sjtltlltc,l in the
occupied country. It must safcguard
the capit;,! of these properties,
ond ncIminish'r t.h('m in
accol·dllnce with the rulcs 0/
usufruct.
ARTICLE 50.
The pro]lcrt,· of municipalities ~"n;d".I,rellg1o...
h ..". I' d' etC.. l'f0J.ICrty, t at uf tnsntutlOn.3 de( Icate to
religioJl, chl\rit~· und l'uucation,
the arts and SCiences, cyen when
Stute, property, shall be treated
aB prlvate propert),.
All selZ' UfC 0f, t.lcstructl'On or lor1.cs.J.r"ui1zure.,"&":"lC".,,,1...
wilful damn~e done to institutions
of thi; character, historic
monuments, works of art and
science, is forbidden, and should
be made the subj,·et <)f le!,,,1 proceedings.
.I...
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APPENDIX II
Geneva Convention relative to
the Protection of Civilian Persons
in Time of War of 12 August 1949
(Fourth Geneva Convention)
ARTICLE 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 re-establishment may take
place after such dates shall meanwhile continue to benefit by the present
Convention.
ARTICLE 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 hostili ties.
ARTICLE 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.
/ ...
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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 extend, 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.
ARTICLE 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•
...
ARTICLE 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. .
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APPENDIX III
Protocol Additional to the Geneva Convention
of 12 August 1949 and relating to the
Protection of Victims of International Armed Conflicts
(Protocol I) of 8 June 1977
•••
SECTION II
REPRESSION OF BREACHES OF THE CONVENTIONS
AND OF THIS PROTOCOL
Article 85 - Repression of breaches of this Protocol
1. The provisions of the Conventions relating to the repression of breaches and
grave breaches, supplemented b¥ this Section, shall apply to the repression of
breaches and grave breaches of this Protocol•
•••
4. In addition to the grave breaches defined in the preceding paragraphs and in
the Conventions, the following shall be regarded as grave breaches of this
Protocol, when committed wilfully and in violation of the Conventions or the
Protocoll
(a) the transfer b¥ the occupying Power of parts of its own civilian
population into the territory it occupies, or the deportation or transfer of all or
parts of the population of the occupied territory within or outside this territory,
in violation of Article 49 of the Fourth COnvention,
/ ...
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A. Belkharroubi, "Essai sur une theorie juridique des mouvements de liberation nationale," 28
Revue Egyptienne de Droit International 20-43 (1972).
P. M. Brown, "Self-Determination in Central Europe," 14 Aus. J. Int 1 L. 235-239 (1920).
(Editorial Comment.)
L. C. Buchheit, Secession: The Legitimacy of Self-Determination (1978).
S. Calogeropoulos-Stratis, Le droit des peuples a disposer d'euz-memes (1973).
E. Carr, The Future of Nations: Independence or Interdependence (1941).
R. S. Clark, "The 'Decolonization' of East Timor and the United States Norms on SelfDetermination
and Aggression," 7 Yale J. World Pub. Order 2-44 (1980).
R. S. Clark, "Self· Determination and Free Association -- Should the United States Terminate the
Pacific Islands Trust?" 21 Harv. Int 1 L. J. 1-86 (1980).
I. L. Claude, Jr., "Just Wars: Doctrines and Institutions," 95 Pol. Sci. Q. 83-96 (1980).
A. Cobban, The Notion State and Notional Self-Determination (1970).
J. Crawford, The Creation of States in Internatio"al Low (1979).
A. Grahl-Madsen, "Decolonitation: The Modern Version of a 'Just War,'" [1979J 22 Germ. Y.B.
Int'l L. 255-273.
J. T. Johnson, Just War Traditio" ·and the Restraint of Wor: A Moral and Historical Inquiry
(1981).
S. Kaur, "Self·determination in International Law," 10 Indian J. Int'l L. 479 (1970).
R. Khan, Kashmir and the U"ited Notions (1969).
J. L. Kunz, "The Principle of Self-Determination of Peoples, Particularly in the Practice of the
United Nations," 1 Selbstbestimmungsrecht der Voelker 132 (1964).
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Y. Melzer, Concepts of Just War (1975).
T. Mensah, Self-Determination under United Nations Auspices (J.S.D. dissertation, Yale, 1963).
E. Murlakov, Das Recht der V.elker auf Selbstbestimmung im israelisch-arabisehen Konflikt
(1983).
Open letter from J. Talmon to Y. Galili, 15 Arab World No g. p. 3 (1969).
1 W. Poeggel, Voelkerrecht (1973).
M. Potocny, "Principle of Self-determination of Peoples," 8 Bull. Czechoslovak L. 310 (1967).
"Problems of Self-Determination and Political Rights in the Developing Countries," [Chair of
Panel: T. M. Franck; "Self-Determination and Political Rights in the Developing
Countries," D. W. Bowett; "Self-Determination," R. Emerson; "Political Rights in
Developing Countries," R. K. Woetzel; Discussion.] 60 Proc. Am. Sod; Int'l L. 129-150
(1966).
A. Rateb, "Le peuple arabe en Israel," 24 Revue Egvptienne de Droit International 81 (1968).
-. In Arabic.
H. Rumpf, "UNO -- Prinzipicn im Widerspruch: Zur Dialektik von Gewaltverbot, souveraener
Gleichheit, Nichteinmischung und Selbstbestimmung in den politischen Organen der
Vereinten Nationen," Staatsrecht, Voelkerrecht, Europarecht 577-601 (1981).
"Self-determination and Settlement of the Arab-Israeli Conflict." [Chair of Panel: C. W. Yost;
"Self-determination" and the Palestinians. M. C. Bassiouni; "Self-determination and
settlement of the Arab-Israeli conflict," L. C. Green; Comments: W. M. Reisman; R. K.
Ramazani. Discussion.] 65 Proe. Am. Soe'v Int'l L. 31-70 (1971).
A. Shaw, "Revival of the Just War Doctrine!" 3 Auckland U. L. Rev. 156 (1977).
M. Shaw, "The Western Sahara Case," [19781 49 Brit. YB. Int'l L. 119-154.
S. P. Sinha, "Self-Determination in International Law and its Applicability to the Baltic
Peoples," Res Baltica 256-285 (A. Sprudgs & A. Rusis eds. 1968). (Festschrift Belmanis.)
J. G. Starke, "The Acquisition of Territorial Sovereignty by Newly Emerged States," [19661
Australian Y. B. Int 1 L. 9.
,
E. Suzuki, Self-Determination and World Public Order: Communitv Response to Group
Formation (J.S.D. dissertation, Yale, 1974).
C. Theodoropoulos, "Issues of Economic and Cultural Sovereignty in Past Colonial Domestic and
International Legal Orders," 20 Indian J. Int1 L. 472 (1980).
U. O. Umozurike, "International Law and Self-determination in Namibia," 8 J. Mod. African
Stud. 585 (1970).
U. O. Umozurike, Self-Detcrmination in International Law (1972).
D. A. Valentine, "The Logic of Secession," 89 Yal< L. J. 802-824 (1980).
M. Walzer, Just and Unjust War: A 1I10ral Argum.,.t with Historical Illustrations (1977).
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S. Wambaugh, Plebiseites Sinee the World War (1933).
R. C. A. White, "Self-Determination: Time ror a Reassessment!" 28 Netherlands Int 1 L. Rev.
147-170 (1981).
H. S. Zakariya, "Sovereignty, State Participation and the Need to Restructure the Existing
Petroleum Concession Regime: 10 Alberta L. Rev. 218, 228 (1972).
3. Control and Allocation or Resources
M. Arsanjani, International Regulation of In.ternal Resourees: A Studv of Law and Polie"
(1981 ).
D. Baumgart.ner, "Institutionelle Aspekte des AKP-EWG-Abkommens ·von Lome," 13
Europarecht 105-121 (1978).
I. Brownlie, Loaves and Fishes: Access to Natural Resources and International Law·(1978).
(Inaugural Lecture, London School or Economics and Political Science.)
I. Brownlie, "Legal Status of Natural Resources in International Law (Some Aspects): 162 Hague
Recueil des Cours 245 (1979).
G. Elian, The Principle of Sovereignt" Ot'er Natural Resources (1979).
J. E. S. Fawcett, "Trade and Fin"nce in International Law," 123 Hague Recueil des Cours 215 at
242-253 (1968).
J. E. S, Fawcett & A. Parry, Law and International Resource Conflicts (1981).
J. A. Gautron, De Lome I a Lome II: La Convention ACP-CEE du 31 octobre 1979, 68-69
Cahiers de Droit Europeen 383 (1980).
K. N. Gess, "Permanent Sovereignty Over Natural Resources: An Analytical Review or the
United Nations Declaration and its Genesis," 13 Int'l &Camp. L. Q. 398 (1964).
R. Hasse & R. V/eitz, Das Abkommen von Lome: Uebergang oder Alternative zu einer neuen
Weltwirtschaftsordnung (1978).
R. Kemper, Nationale. Ver f"egung ueber natuertiche Ressourcen und die Nwe
Weltwirtschaftsordnung der Vereinten Nationen (University or Bonn dissert"tion, 1976)
(Schrirten zum Voelkerrecht Bd. 52).
M. A. Mughraby, Permanent Sovereigntv over Oil Resources: A Studv of Middle East Oil
Concessions and Legal Change (1966).
P. J. O'Keefe, "The United Nations and Permanent Sovereignty Over Natural Resources," 8 J.
World Trade L. 239-282 (1974).
M. S. Rajan, Sovereigntv Over National Resources (1978).
O. Schachter, Sharing the World's Resourees (1977).
K. R. Simmonds, "The Second Lome Convention: The Innovative Features," 17 Common
Market L. Rev. 415 (1980).
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R. J. H. Smits, "The Second Lome Convention: An Assessment with Special Reference to Human
Rights," Legal Issues of European Integration 47 (1980).
A. Spoehr, "Cultural Dirrerences in the Interpretation or Natural Resources," Man's Role In
Changing the Foe< of the Earth 93-101 (W. L. Thomas, Jr. ed. 1956).
G. White, "The Lome Convention, A Lawyer's View," 1 European L. Rev. 197-212 (1976).
4. Mandates-Trusteeships, especially Palestine, Namibia and the
Colonial Situation of Zimbabwe
C. H. Alexandrowicz, "The Sole Juridical Expression of the Sacred Trust or Civilization," 65 Am.
J. Int'l L. 149-159 (1971).
R. H. F. Austin, "Namibia and Zimbabwe: Decolonisation and the Rule or International Law,"
35 Current Legal Probs. 203-232 (1982).
A. Baumkoller, Le Mandat sur la Palestine (1931).
H. Cattan, Palestine and International Law (1973).
R. N. Chowdhuri, International Afandates and Trusteeship Svstems, A Comparative StudV
(1955).
G.-M. Cockram, South West African Mandate (1976).
M. J. Cohen, Palestine, Retreat from the Mandate: The Making of British Policv, 1936-45
(1978).
R. Crossman, Palestine Mission (1946).
M. Curtis, et al. (ed.), The Palestil'ians, People, Historv, Politics (1975).
J. Dugard, "The Revocation or the Mandate ror South Africa," 62 Am. J. Int'l L. 78 (1968).
J. Dugard, "Namibia (South West Africa): The Court's Opinion, South Africa's Response, and
Prospects ror the Future," 11 Colum. J. Transnat'l L. 14 (1972).
R. Emerson, "The New Higher Law or Anti-Colonialism," The Relwane< of International Law
153 (I. Deutsch & S. Horrman eds. 1968).
I. Esanjumi The Legal A.spects of the Namibian Dispute (1975).
N. Feinberg, Some Problems of the Palestine A[andate (1936).
Geneva Research Center (League or Nations Association or the United States), The Palestine
Mandate (1930).
G. P. Goeckner & I. R. Gunning, "Namibia, Soutb Arrica, and tbe Walvis Bay Dispute," 89 Yale
L. J. 903-922 (1980).
N. Grant, The Partition of Palestine, 1947: Jewish Triumph, British Failure, Arab Disaster
(1973).
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S. R. Gross, "The United Nation., Self-Determination and the Namibia Opinions," 82 Yale L. J.
533-558 (1973).
S. Hadawi, Bitter Harvest: Palestine between 191.1-1907(1967).
D. Hall, lIi!andates, Dependencies and Trustecships (1948).
R. Hiscocks, The Securitv Council (1973).
D. Horowitz, & M. Lissak, Origins of the Israeli Politv: Palestine Under the Mandate (1979).
J. C. Hurewitz, The Struggle for Palestine (1976).
A. M. Hyam.on, Palestine Under the Mandate, 1920-1948 (1976).
W. Johnston, "Namibia: A Sacred Trust of Civilization," 23 Africa Todav47.54 (1976).
B. Joseph, British Rule in Palestine (1948).
A. W. Kayyali, Palestine: A Modern Historv (1978).
C. Kienle, "Der voelkerrechtliche Status Suedwestafrikas/Namibias," 63 Die Friedenswarte 68-92
(1982).
E. Landis, "Les droit. de I'homme en Namibie," 9 Revue des Droits de I'Homme (Human Rights
Journal) 285-349 (1976). -- Translation.
M. Laserson, On the Mandate (1937).
E. Menzel, "Mandate," 2 Woerterbuch des Voelkerrechts, 460 (1961).
E. Monroe, Britain's Moment in the Middle East, 1914-1971 (1981).
J. F. Murphy, "Whither Now Namibia!" 6 Corncll Int'l L. J. 1.
E. Pelichet, La personnaUte internationale distincte des collectivites sous mandat, (1932).
S. H. Rolin, La pratique des mandats internationaux, 19 Hague Reweil des Coura 499 (1927).
A. W. Rovine, "The World Court Opinion on Namibia," 11 Colum. J. Transnat'l L. 202,
217·226 (1977).
E. Schoeman, The Namibian Issue, 1920-1980: A Select and Annotated Bibliographv (1982).
S. Slonim, South West Africa and the United Nations: An International }.1andate in Dispute
(1973).
J. Stone, Of Law and Nations ch. 13 (1974).
J. Stoyanovsky, The l'vfandate for Palestine: A Contribution to the TheorV and Practice of
International Mandat.. (1928).
C. O. Winter, Namibia (1977).
K. Woldring, "Namibia: Reflections on Alternative Plans for Independence," 35 Australian
Outlook 295·306 (1981).
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R. Zacklin, "The Problem of Namibia In International Law," HI Hague Recueil d.. Cours
225-339 (1981).
J. J. Zasloff, Great Britain and Palestine, A Study of the Problems Before the U,N. (1952).
Cas.,..
Advisory Opinion on International Status of South West Africa, [1950J I.e,J, Rep. 128.
Advisory Opinion on South West Africa -- Voting Procedure, [1955J I.C.J. Rep. 67.
Ad'isory Opinion on the Admissibility of Hearings of Petitioners by the Committee on South
West Africa, [19561 I.C.J. Rep. 23,
South West Africa Cases Preliminary Objections, [19621 I,C.J. Rep. 319,
Advisory Opinion on Legal Consequences for States of the Continued Presence or South Africa in
Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970),
[1971] I.C.J, Rep. 16,34.
IT. 1. The Arab-Israeli Conflict
I. Abu-Lughod, ed., The Transformation of Palestine: Essays on the Origin and Development
of the Arab-Israeli Conflict (1971).
G. M. Badr, "Israel and the Suez Canal: A New Approach," 17 Revue Egyptienne de Droit
International 1·53 (1961),
H. Cattan, Palestine, the Arabs and Israel: The Search for Justice (1969),
H. Cattan, "The Arab-Israeli Connict," 28 Revue Egyptienne de Droit International 44-55
(1972),
H. Cattan, Palestine and International Law: The Legal Aspects of the Arab-Israeli Conflict
(1976).
B, Cattan, Jerusalem (1981).
R. M. DeVore, The Arab-Israeli Conflict: Historical, Social and lIfilitary Bibliography (1976).
D. J, Elazar, Judea, Samaria and Gata: Views on the Present and Future (1982)
N. Feinberg, Studies in International Law, with Special Reference to the Arab-Israeli Conflict
(1979).
A. Gerson, Israel, The West Bank and International Law (1978).
Z. Hashem, "Some International Law Aspects or the Palestine Question," 23 Revue Egyptienne de
Droit International 53-167 (1967).
E. Kedourie & S, Bairn, (eds.), Palestine and Israel in the 19th and 20th Centuries (1979),
W. Khalidi, "A Sovereign Palestinian State," 56 Foreign Affairs 595 (1978).
P. M. Martin, Le conflit israelo-arabe (1973),
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J. N. Moore (ed.) The Arab-Israeli Conflict (1974).
J. W. Parkes, Whose Land? -- A History of the Peoples of Palestine (1970).
W. M. Reisman, The Art of the Possible (1970).
P. S. Riebenfeld, The Palestinian Question: Documents and Definitions (1978).
B. Rubin, The Arab Statos and the Palestine Conflict (1981).
R. Segal, 11-7108< Jerusalem? The Con flicts of Israel (1973).
S. R. Silverburg, "An International Legal Bibliograpby on tbe Palestinian-Israeli Conflict," 10
Denver J. Int'l L. and Pol'y 25,,-278 (1981).
J. Stone, Israel and Palestine: Assault on the Law of Nations (1981)
B. Tucbman, Bible and Sword. England and Palestine from the Bronze Age to Balfour (1955).
W. Wengler, & J. Tittel, Documents of the Arab-Israeli Conflict: The Resolutions of the
United Nations Organization (2 vols., 1947-1970, 1971-1976) (1977).
2. Palestinian Claim to Self-Determination
I. Abu-Lugbod (ed.), Palestinian Rights: Affirmation and D<nial (1982).
J. A. Collins, "Self-Determination in Intern"tional Law: . The Palestinians," 12 Case W. Res.
J. Int'l L. 137-167 (1980).
G. E. Gruen, The Palestinians in Perspective (1982).
Hassan bin Talal, Palestinian Self-Determination: A Study of the West Bank and Gaza Strip
(1981).
A. F. Kassim, "The Palestine Liberation Organization's Claim to Status: A Juridical Analysis
Under International Law," 9 D<nver J. Int'l L. 8 Pol'y 1-33 (1980).
W. T. Mallison & S. V. Mallison, Jr., "An International Law Appraisal of the Juridical
Characteristics of tbe Resistance of tbe People of Palestine," 28 Revue Egyptienne de Droit
International 1-19 (1972).
E. V, Rostow, "Palestinian Self-Determination: Possible Futures for tbe Unallocated Territories
of the Palestine Mandate," 5 Yale Stud. World Pub. Order 147-172 (1979).
R. J. Tyner, "\Vars of National Liberation in Africa and Palestine: Self-Determination for
Peoples or for Territories?" 5 Yale Stud. World Pub. Order 234-291 (1979).
rn. The Laws of Armed Conflict
G. Abi-Saab, "\Vars of National Liberation in tbe Geneva Conventions and Protocols" 165 Hague
Recueil des Cours 353 (1979).
G. H. Aldrich, "New Life for tbe Laws of War," 75 Am. J. Int'l L. 765 (1981).
H. H. Almond, Jr., "Law and Armed Conflict," 9 Case IV. Re". J. Int'l L. 175-203 (1977).
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N. Angel!, The Great Illusion: A Studu of the Relation of Militaru Power in Nations to Their
Economic and Social Advantage (1911).
M. Ashmavi, '"Le caractere imperatif des regles de I'occupation militaire," 29 Revue Eguptienne
de Droit InternationalH9 (1973). - In Arabic.
R. Avtar, "Human Rights in Armed Conflicts," 17 Civ. fJ Mil. L. J. 202 (1981).
S. D. Bailey, Prohibitions and Restraints in War chs. 3 and 4 (1972).
R. R. Baxter, "Modernizing the Law of War," 78 MiI. L. Rev. 165-83 (1977).
G. Best, Humanitu in Warfare (1980).
M. Bothe, K. J. Partsch & W. A. Solf, New Rules for Victims of Armed Conflicts:
Commen!aru to !he Two 1977 Protocols Additional to the Genetla Conventions of 1949
(1982).
A. Cassese (ed.), Current Problems of International Law: Essaus on U.N. Law and on the Law
of Armed Conflict (1975).
A. Cassese (ed.), The New Humanitarian Law of Armed Confliet (1979), reviewed 18 Canadian
Y.B. Int'l L. 400 (1979).
A. Cassese, "The Status of Rebels under the 1977 Geneva Protocol on Non-International Armed
Conflicts" 30 In! 7 & Comp. L. Q. 41~439 (1981).
K. von Clausewitz, Vom Kriege (1832; English tr., On War, 1873 and 1950).
E. Castren, The Present Law of War and Nwtralitu (1954).
W. G. Downey, Jr., "The Law oC War and Military Necessity," 47 Am. J. Int 7 L. 251 (1953).
G. I. A. D. Draper, "The Implementation and Enforcement of the Genev:> Con"entions of 1949
and oC the Two Additional Protocols of 1977," 164 Hague Reweil des Cours 1 (1979).
R. A. Falk, The International Law of Civil War (1971).
T. J. Farer, The Laws of War 25 Years After Nuremberg (1971).
L. Friedman (ed.), The Law of War: A Documentaru Historu (1972).
M. Greenspan, The Afodern Law of Land Warfare (1959).
M. Greenspan, The Soldier's Guide to the La'ws of War (1969).
H. T. Huong, Bibliographu of International Humanitarian Law Applieable in Armed Conflicts
(1980).
. F. Kalshoven, The Law of Warfare: A Summaru of its Recent Historu and Trends In
Dwelopment (1973).
H. S. Levie, Protection oflVar Victims (vol. 1 1979), (vol. 2 1980), (vol. 3 1980), (vol. 4 1981).
E. Luard (ed.), The International Regulation of Civil Wars (1972).
A Collection of Conventions,
Can Territory be Acquired by
28 Revue Egllptienne de Droit
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J. N. Moore (ed.), Law and Civil War in the Modern World (1974).
J. D. Morley, "Approaches to the Law of Armed Conflict," [1971J 9 Canadian Y.B. Int'l L.
269-75.
S. E. Nahlik, "La protecton internationale des biens culturels en cas de conflit arme," 120 Hague
Reweil des Cours 59 (1967).
W. V. O'Brien, The Conduct of Just and Limited War (1981).
4 J. S. Pictet, The Geneva Conventions of 12 August 1949, Commentarll (1956).
J. S. Pictet, The Principles of International Humanitarian Law (1967).
J. S. Pictet, Le droit humanitaire et la protection des vietimes de la guerre (1973).
J. S. Pictet, "Les Conventions de Geneve de 1949: Apercu des regles d'application," 12 Revue de
Droit Penal Mi/itaire et de Droit de la Guerre 59 (1973).
A. Prasad, "Human Rights in Armed Conflicts," 15 Civ. & Mi/. L. J. 235 (1979).
W. Reed, "Laws of War: The Developing Law of Armed Conflict," 9 Case W. Res. J. Int'l L.
17-38 (19ii).
E. Rosenblad, International Humanitarian Law of Armed Conflict (1979).
I. Sagay, "International Law Relating to Occupied Territory:
Military Conquest Under Modern International Law!"
Internatioflal 5&-64 (1972).
D. Schindler & J, Toman, The Laws of Armed Conflicts:
Resolutions and Other Documents (2d. ed. 1981).
G. Schwarzenberger, "The Law of Armed Conflict: A Civilized Interlude!" [1974) 28 Y.B. World
Aff. 293.
W. A. SoIf & W. G. Grandison, "International Humanitarian Law Applicable in Armed Conflict,"
10 J. Int'l 1. fJ Econ. 567-98 (1975).
J. Stone, Legal Controls of International Conflict (2d. ed. 1959).
T. Taylor, "The Concept of Justice and the Laws of War," 13 Colum. J. Transnat1 I,. 189
(1974).
J. Toman, Index of the Geneva Conventions for the Protection of War Victims of August 12,
1949 (1973).
J. Toman & H. T. Huong, International Humanitarian Law: Basic Bib/iographll (1979).
U. O. Umozurike, "The 1949 Geneva Conventions and Africa," 11 Indian J. Int1 L. 205 (/971).
United States Department of the Army, The Laws of Land Warfare (1956).
U,S.S,R. Acad. of Sci. Inst. of State and Law, International Law (1957).
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M. Veuthey, Guorilla et droit humanitaire (1976).
A. R. Werner, "La Croix-Rouge et les conventions de Geneve du 12 aout 1949," 6
Schweizerisehes Jahrbueh fuor Internationales Ruht 65 (1949).
lQ..ll M. M. Whiteman, Digest of International Law (1968).
1. Applicability of Hague and Geneva Conventions -- Principles of
Interpretation
R. J. Erickson, "Protocol I: A Merging of the Hague and Geneva Law of Armed Connict," 19
Va. J. Int'l L. 557 (1979).
2 P. Fauchille; Traite de droit international public: guerre et neutralite 215, 218 (1921).
M. Frankowska, "The Vienna Convention on the Law of Treaties," 3 Polish Y. B. Inl7 Law 227,
238-39 (1970).
G. A. Salam, "L'interpretation fonctionnelle des traites," 26 Revue Egllptienne de Droit
International 159 (1970). - In Arabic.
Cases
Affaire Relative a I'Or de la Banque Nationale d'Albanie, 12 U.N.R.I.A.A. 13,40 (1953).
Att'y Gen'l for Israel v. Sylvester [15J Ann. Dig. 573 (Supreme et., Israel 1949).
Att'y Gen'l or the Government or Israel v. Adolf Eichmann, 36 1. L. R. 277, 295 (1962).
Cessation of Vessels and Tugs for Navigation on the Danube, 1 U.N.R.I.A.A. 97, 104 (1921).
2. World War I
J. Garner, International Law and the World War (1920).
M. Nast, "Les sanctions penales de I'enlevement par les allemands du material industriel en
territoires francais et beiges occupes par leurs troupes," 26 Rwue Genorale de Droit
International Publie 111 (1919).
3. Total War, Modern Warfare
R. Aron, The Century of Total War (1954).
H. Kahn, On E.ealation: f.fetaphors and Scenarios (1965).
H. J. Morgenthau, Polities Among Nation. (4th ed. 1967).
J. U. Nef, War and Human Progress (1950).
K. Waltz, Man, the State and War (1959).
Q. Wright, A Study of War (2d. ed. 1965).
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Cases
In re Falck, 3 Ann. Dig. 480 (Court or Nancy, 4th Chamber, France 1926); 4 Ann. Dig. 563
(French Court of Cassation 1"927).
United States v. I. G. Farben, 8. Trial8 of War Criminal8 Before the Nuremberg Militarll
Tribunal8 1137·38 (1952).
IV. 1. Belligerent Occupation, Postwar Occupation and Humanitarian Law
G. Abi-Saab, "The Implementation or Humanitarian Law: The New Humanitarian 'Law of
Armed Conflict (A.Cassese ed. 1979).
R. R. Ba.xter, "The Duty or Obedience to the Belligerent Occupant," [19501 27 Brit. Y.B. Int'l L.
235·266.
J. G. C. van Aggelen, "Protection of Human Rights in Israel Held Territories Since 1967 in the
Light or the 4th Geneva Convention," 32 Rwue EgllPtienne de Droit International 83
(1976).
H. Amouroux, La vie de8 francai8 sous I'oecupation (1961).
H. H. Baerwald, The Purge of Japane8e Leaders under the Occupation. (1959).
N. Balabkins, Germanll under Dircct Controls·: Economic Aspects of Industrial Disarmament,
1945-48 (1964).
L. Cavare, "Quelques notions generales sur l'occupation pacifique. Etude particuliere de
I'occupation de Haute-Silesie," 31 Revue Gencrale de Droit International Public 339-3il
(1924).
Z. Cybichowski, "Das voelkerrechtliche Okkupationsrecht," 18 Zeitschrift fuer Voelkerrccht
295·322 (1934).
O. Debbash, L'occupation militaire, pouvoirs reconnus aux forces armees hors de Iwr territoire
national (1962).
"Du pouvoir juridictionnel des Tribunaux nationalLx quant aux rorces armees etrangeres," (Note
et extraits de jugements.) 12 Revue E91lptienne de Droit Internationol 66-89 (1956-1)..• In
Arabic.
E. Feilchenreld, The International Economic Law of Belligerent Occupation (1942).
G. A. Finch, "The Legality or the Occupation or the Ruhr Valley," 17 Am. J. Int'l L. 724·733
(1923).
E. Fraenkel, Militarll Occupation and the Rule of Law: Occupation GovernmC1lt in the
Rhine/and, 1918-192& (1944).
A. Gerson, "War, Conquered Territory, and Military Occupation in the Contemporary
International Legal System: 8 Harv. Int'l L. J. 525 (1977).
G. von Glahn, The Occupation of Enemll Territorll, A Commentary on the Law and Practice of
Belligerent Occupation (1957).
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D. A. Graber, The Dwdopment of the Law of Belligerent Occupation 1868-1914 -- A Historical
Survey (1949).
J. A. C. Gutteridge, "The Rights and Obligations of an Occupying Power," [1952] 6 YE. World
Aff. 149-169.
R. Y. !"nnings, "Government in Commission," [1946] 23 Brit. YB. Int 1 L. 112-141.
G. E. Kafka, "Oesterreich, die Besatzung und die GrundJagen der Voelkerrechtsgemeinschaft," 6
Oesterreichische Zeitschrift fuer oeffentliches Recht 348-377 (1954).
H. Kelsen, "The Legal Stutus of Germany According to the Declaration of Berlin," 39 Am.
J. Int 'I L. 518-526 (1945).
H. Klinghoffer, Les aspects juridiques de I'oaupation del'Autriche par l'Allemagne (1943).
F. von Liszt, Das Vodkerraht systematisch dargestellt 228 (1898).
A. D. McNair, "The Legality of the Occupation of the Ruhr," [1924J 5 Brit. YB. Int'l L. 17-37.
Note, "Protection of Human Rights in the Israeli-Occupied Territories," 15 Harv. Int'l L. Y 470
(1974).
D. Peretz, "The Aral>-Israeli War: Israel's Administration and Arab Refugees," 46 Foreign Aff.
336-346 (1988).
M. A. Pesmazoglou, "La nature juridique des gouvernements formes pendant une occupation
militaire ennemie," 2 Rwue Hellenique de Droit International 168 (1949).
V. Petrov, Occupation Currencies in Europe in the Second World War: A Political Analy.,is
with Emphasis on American Experienee (Ph.D. Dissertation, Yale University, 1965).
Lord Rennell of Rodd, British Afaitary Administration of Occupied Territories in Afrioa
during the Years 1941-1947 (1948).
R. Robin, Des occupations militaires en dehors des occupations de guerre (1913).
A. Ross, "Denmark's Legal Status During the Occupation," 1 Jus Gentium 3-21 (1949).
W. Rundell, Jr., Black Afarket Motley: The Collapse of U.S. Military Currency Control 111
World War II (1964).
G. Sauser-Hall, "L'occupation de guerre et les droits prives," 1 Annuaire Suis.,. de Droit
Internatiotlal 58 (1944).
G. Sauser-Hall, "L'occupation de l'Allemagne par les Puissances Alliees," 3 Annuaire Suisse de
Droit International 9 (1946).
E. Schaeffer, L'AIsace et la Lorraine (1940-1945): Lcur occupation en droit et en fait (1953).
E. J. Schuster, "The Question as to the Legality of l.he Ruhr Occupation," 18 Am. J. Int'l L.
407-418 (1924).
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G. Schwarzenberger, "The Law of Belligerent Occupation: Basic Issues," 30 Nordisk Tidsskrift
for International Ret 10-24 (1980).
E. Tuma, The Economic Case for Palestine (1978).
O. M. UhIer, Der voe/kerrechtliche Schutz der Bevoelkerung emes be8etzten Gebiets gegen
Massnahmen der Okkupation8macht (1950).
H. Wehberg, "Hat Japan durch die Besettung der Mandschurei das Voelkerrecht verlettt1" 32 Die
Friedens-Warte 1-13 (1932).
F. R. Willis, The French ill Germanv, 1945-/949 (1952).
H. Zink, The Un.ited States in Germanv, 1944-1955(1957).
Cas""
U. S. v. Tiede and Ruske, 19 Int'l Legal Material8 179, 193 (1980) (U. S. Court for Berlin, 1979).
2. The Nuremberg Principles
N. C. H. Dunbar, "Military Necessity in War Crime Trials," 29 Brit. YE. Int'l L. 442 (1952)
2 L. Oppenheim, International Low, Disput08, War and Neutralitv (7th ed. H. Lauterpacht
1952).
Report of the International Law Commission to the General Assembly, "Formulation of the
Nuremberg Principles," U.N. Doe. A/1315, [19501 2 U. N. Y.B. Int'l L. Comm 'n 374-378.
Cases
International Military Tribunal, Judgmeut, 1 Trial of the Major War Criminals Before the
International Militarv Tribunal 239,253-251 (1947).
U.S. v. I. G. Farben, 8 Trials of War Criminals Before the Nuremberg Militarv Tribunal8
1137-1138 (1952).
U. S. v. Krupp, 9 Trial8 of War Criminal8 Before the Nuremberg Tribunal8 1338, 1339,
1341-1342 (1950).
U.S. v. Von Leeb, 11 Trials of War Criminal8 Before the Nuremberg Militarv Tribunal., 533,
541 (1950).
3. Immovable and Movable Property
A. Henry, "Des requisitions militaires imrnobiliers," 35 Revue du Droit Public et de la Science
Politique en France et a l'Etranger 1 (1919).
G. F. Laurent, Principes de Droit Civil5M (4th ed. 1887).
.1. Mahmassani, "The Principles of International Law in Light of Islamic Doctrine," 177 Hague
Recueil d08 Cour8 201 (1955).
Note, "The Case of the Singapore Oil Stocks," 5 Int'l £3 Camp. L. Q. 84 (1955).
Economic
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Note, "War-Belligerency -- Original Owners Retain Title to Oil Resource. Seized by Belligerent
Occupant in Violation of the Hague Regulations -- N.V. De Bataaf.che Petroleum
Maat.chappij v. War Damage Comm'n (C. A. Singapore 1956",) 71 Harv. L. Rw. 568
(1958).
A. N. Yiannopoulos, Ciml Low 7r.atise, Section 18 (1966), Comment, "Liability for Removal of
Timber, Minerals and Dirt," 31 Lo. L. Rev. 616 (1971).
Cases
French State v. Etablissements Mon-monsseau, 37 Rewe Critique de Droit International Ftive
311, 15 Ann. Dig. 596, 597 (Court of Appeals of Orleans, France, 1948).
In re Weizsaecker, 16 Ann. Dig. 344, 360 (U.S. Military Tribunal, Nuremberg, 1(49).
Ministero Della Difesa-Esercito v. Salamone, 18 I. L. R. 686, 688 (Court of Cassation, Italy,
1950).
N. V. de Bataafsche Petroleum Maatschappij v. The War Damage Commission, 23 I. L. R. 810
(Court of Appeal, Singapore, 1956).
4. Requisitions and Expropriations
Bin Cheng, "The Rationale of Compensation for Expropriation," 44 Transactions of the Grotius
Sodetv 267, 274 (1958-59).
I. Doimi di Delupis, Finance and Protection 01 Investments in Developing Countries (1973).
G. Farrand, Des requisitions en matiere de droit in,ternational public (1917).
P. de La Pradelle, "Les effets internationaux des nationalisations," 52 Annuaire de l'Institut du
Droit International 656-711 (1967-1).
A. K. Said, "La nationalisation et la propriete des etrangers," 19 Revue Egyptienne de Droit
International 1-24 (1963). -- In Arabic.
V. I. Sapozhnikow, "Neocolonialist Doctrines of International Protection of Foreign Concessions,"
Some[ y.8. Int'l L. 98 (1966-67).
U. O. Umozurike, "Nationalization of Foreign-Owned Property and
Self-determination," 6 East Afriean L. J. 79 (1970).
P. Weinstein, "The Attitude of the Capital Importing Nations Towards the Taking of ForeignOwned
Private Property," 5 Indian J. Int'l L. 113 (1965).
Cases
Have v. French State, 7 Ann. Dig. 511, 512 n. 2 (Court of Cassation, France, 1(34).
Loss of Requisitioned Motor Car Case, 19 I. L. R. 621 (Federal Supreme Court, Federal Republic
of Germany, 1952).
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5. State Property: Usufructuary Competence
W. Blackstone, Commentarie8 on the LaW8 of England (1905).
O. Debbasch, L'ocwpation militaire 17·31 (1962).
A. Gerson, "Trustee-Occupant: The Legal Status or Israel's Presence in the 'West Bank," 14
Harv. Int1 L. J. 1 (1973).
S. Habahy, "Property, Right and Contract in Muslim Law" 62 Co/um. L. Rev. 450 (1962).
M. Huber, "La propriete publique en cas de guerre sur terre," 20 Revue Generale de Droit
International Publie 657 (1913).
M. Lachs, "Le probleme de la propriete dans la liquidation des suites de la Seconde Guerre
Mondiale," 7 Annuaire Francai8 de Droit International 43 (1971).
1 M. Planiol. Treatiu on the Civil Law secs. 2201 2794 and 2795 at 301, 651 (12th ed. 1939).
M. Planiol & G. Ripert, Civil Law Treati8e sec. 2790 (Louisiana State Law Institute translation
1958).
H. Sultan, "Legal Nature or Oil Concessions" 21 RetJUe Egllptienne de Droit International 73
(1965 )
10 M. M. Whiteman, Dige.t of International Law 576 (1968).
CUelI
Colorni v. Ministry or War, 17 Ann. Dig. 419 (Italian Court of Cassation, Italy, 1950).
Grilli v. Administration or State Railways, 4 I.L.R. 429, 439 (Court of Cassation, Italy, 1961).
In re Gerosa 16 Ann. Dig. 491 (Special Criminal Court, Hague, Netherlands 1948).
N. V. De Bataarsche Petroleum Maatschappij & Others v. The War Damage Commission (Court
of Appeal, Singapore, 1956), reprinted in 51 Am. J. Int 'I L. 802 (1957).
P. v. A.G.K. and P., 15 Ann. Dig. 594 (Federal Tribunal, Chamber for the Restitution of Assets
Seized in Occupied Territory, Switzerland 1948).
U.S. v. Flick, 6 Trial. of War Criminal. Before the Nuremberg Militarll Tribunal. 1210 (1952).
6. Opening New Mines and Oil Fields
B. M. CJagett & T. Johnson, Jr., "May Israel as a Belligerent Occupant Lawrully Exploit
Previously Unexploited Oil Resources or the GuU or Suez," 72 Am. J. Int'l L. 558-585
(1978).
E. R. Cummings, "Oil Resources in Occupied Amb Territories Under the Law of Belligerent
Occupation," 9 J. Int'l L. 8 Econ. 533·593 (1974).
A. Gerson, "Orr-Shore Oil Exploration by a Belligerent Occupant: T4e Gulf or Suez Dispute," 71
Am. J. Int'l L. 725 (1977).
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Israel Ministry of Foreign Affairs Memorandum of Law on the Right to Develop New Oil Fields
in Sinai and the Gulf of Suez, 17 Int 7 Ltgal Materials 432 (1978).
G. Kojanec, "Problemes juridique. internationaux des concession. petrolie..," 36 Annuaire de
UAssociation des Auditeurs de L 'Academie de Droit International de La Haye 48 (1966).
F. Njenga, "The Legal Regime of Concession Agreements," 3 East African L. J. 100 (1967).
J. J. Paust, "Oil Exploitation in Occupied Territory: Sharpening the Focus on Appropriate Legal
Standard.," 1 Houston J. Int'l L. 147·152 (1979).
U. S. Department of State Memorandum, of Law on Israel's Right to Denlop New Oil Fields in
Sinai and the Gulf of Suez, 16 Int7 Legal Materials 733 (1977).
7. Concessions
P. Leboulanger, "Le regime juridique des investissements petroliers en Egypte," 28 Revue
Egyptienne de Droit International 112·134 (1972).
R. Powell, "LIAMCO: A Case Study or a Concession Contract," 61 Proceedings of the American
Societv of International Law 89 (1967).
S. C. Yain, "Legal Dichotomy of Concessions," 9 Indian J. I1It'l L. 512 (1969).
Cases
Arbitra! Tribunal: Award in Dispute Between Libyan American Oil Company (LIAMCO) and
the Government or the Libyan Arab Republic Relating to Petroleum Concessions, 20 Int'l
Legal .'\,.faterials 1-87 (1981).
Switzerland: Decision of the Federal Supreme Court in Libya v. Libyan American Oil Company
(LIAMCO), 20 Int'l Ltgal Materials 151·160 (1981) (Federal Supreme Court, Switzerland)
.- English translation from German.
United States: Court of Appeals for the District or Columbia Circuit U. S. Amicu. Brief in
Libyan American Oil Company v. Socialist People's Libyan Arab J amahiriya [Excerpt], 20
Int'l Legal Materials 161-170 (1981).
V. Israeli-Occupied Territories
1. Legal and General Issues
M. Adams, "Israel's Treatment of the Arabs in the Occupied Territories," 6 J. Palest. Stud. 2
'( 1977).
M. Akehurst, "The Peace Treaty Between Egypt and Israel," 7 Int'I Rei. [London] 1035·1052
(1981 ).
M. H. Arsanjani, "United Nations Competence In the West Bank and Gaza Strip," 31 Int'l fJ
Camp. L. Q. 426-450.
M. C. Bassiouni, "Some Legal Aspects of the Arab-Is.,e!i Connict," The Arah·!sra,li
Confrontation of June 196791,98 (1970).
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M. Benvenisti, Jerusalem: The Torn CitV, (1977).
Y. Blum, The Juridical Status of Jerusalem (1974).
J. Carter, Keeping Faith, Memoirs of a President (1982).
M. Crane, "Middle East: Status of Jerusalem," 21 Harv. Int 1 L. J. 784-793 (1980).
M. Dayan, Breakthrough (1981).
F. Domb, "Judgments of the Supreme Court of Israel Relating to the Administered Territories,"
10 Israel YB. Hum. Rts. 330-346 (1980).
D. E. George, Israeli Occupation: International Law and Political Realities (1980).
A. Gerson, Israel, the West Bank and Int,rnational Law (1978).
E. Gnesa, Die von Israel besetzten Gebiete im Voelkerrocht (1981).
H. A. Hassouna, "The International Legality of the October 1973 War," 30 Revue Egvptienne de
Droit International 161 (1974). -- In Arahic.
R. Lapidoth, "The Relation Between the Camp David Frameworks and the Treaty of Peace
-- Another Dimension," 15 Israel L. Rev. 191-196 (1980).
K. M. Lewan, "Justifications for the Opening of Hostilities In the Middle East," 26 Revue
Egvptienn, d, Droit International 88 (1970).
P. Malanczuk, "Golan-Gesetz im Lichte des Annexionsverbots und der occupatio bellica," 42
Zeitschrijt fuer auslaendisches oeffentliches Rocht und Voelk,rrocht 261-294 (1982).
M. Mautner, "\Vest Bank and Gaza: The Case for Associate Statehood," 6 Yale Stud. World
Pub. Order 297-360 (1980).
Th. Meron, "Settlement of Disputes and the Treaty of Peace: The Israeli Perspective," 15 Israel
L. Rev. 269-282 (1980).
S. Michal, West Bank/East Bank, the Palestinians in Jordan, 1949-1067 (1978).
J. Mirimanoff-Chilikine, "Conference diplomatique sur la reafl"irmation et le development du droit
international humanitaire applicable dans les conflits armes," 10 Revue Beige de Droit
International 36 (1974).
J. F. Murphy, "To Bring to an End the State of War: The Egyptian-Israeli Peace Treat.y," 12
Vand. J. Transnat'l L. 897-942 (1978).
National Lawyers Guild 1977 Middle East Delegation, Treatment of Palestinians in IsraeliOccupied
West Bank and Gaza (1978).
Note, "Oil Resources in Occupied Arab Territories Under the Law of Belligerent Occupatiou," 9
J. Int'f L. fj Econ. 533 (1974).
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M. Patrnogic, "Premieres reflexions sur le deroulement de la Ire session de la Conference Medical
diplomatique de Geneve sur la reaffirmation et le developpement du droit international
humanitaire applicable dans les conflits arme.," 25 Annales de Droit International Medical
62 (1974).
Report on Palestinian Emigration and Israeli Land Expropriation in the Occupied Territorie., 3
J. Pale8tine Stud. 106 (1973). '
J. Rideau, "Le probleme du respect des droits de l'homme dans le. territoires occupes par Israel,"
16 Annuaire Francai8 de Droit International 204 (1970).
H. Shaher, E. Berglas, Y. Mundlak & R. Sadam, Economic Structure and Development Pr08peet8
of the lVest Bank and Gaza Strip (1971).
M. I. Shaker, "Egypt, the United States and the Middle East Peace," 33 Revue Egvp!ienne de
Droit International 97-111 (1977).
M. Shaw, "International Law and the West Bank," 3 Jewi8h L. Ann. [Leiden] 187-195 (Hl80).
S. Teveth, The Cur8ed B/euing: The Storll of I8rael'8 Occupation of the Wed Bank (1970).
M. Tiryis, "The Legal Structure (or the Expropriation and Absorption of Arab Lands in Israel," 2
J. Pale8tine Stud. 82 (1973).
2. Israeli Settlements
J. Abu-Lughod, "Israeli Settlements in Occupied Arab Lands: Conquest to Colony," 11 J. Pale8t.
Stud. 16-54 (1982).
S. E. Amer, "The Problem of Settlement. in Occupied Territories," 35 Rewe EgllPtienne de
Droit International 2 (1979). -- In Arabic
I. Matar, "Israeli Settlements in the West Bank and Gaza Strip," 11 J. Palest. Stud. 93-110
(1981).
United Nations: Reports of the Security Council Commission Established [Under Resolution 446
(1979)1 to Examine the Situation Relating to Settlements in the Arab Territories Occupied
Since 1967, 19 Int'l Legal Materials 46-108 (1980).
U. S.: Letter of the State Department Legal Adviser Concerning the Legality of Israeli
Settlements in the Occupied Territories, 17 Int'l Legal Material8 777 (1978).
Cues
Israel: Supreme Court Judgment with Regard to the Elon Moreh Settlement in the Occupied
West Bank (October 22,1979) 19 Int'l Legal Materials 148-178 (1980).
UNITED
NATIONS AE
General Assembly
Economic and Social Council
Distr.
GENERAL
A/38/282
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ORIGINAL: ENGLISH
•.
GENERAL ASSEMBLY
Thirty-eighth session
Item 12 of the preliminary list*
REPORT OF THE ECONOMIC AND SOCIAL COUNCIL
ECONOMIC AND SOCIAL COUNCIL
Second regular session of 1983
Item 5 of the provisional
agenda**
PERMANENT SOVEREIGNTY OVER
NATIONAL RESOURCES IN THE
OCCUPIED PALESTINIAN AND
OTHER ARAB TERRITORIES
Permanent sovereignty over national resources in the
occupied Palestinian and other Arab territories
Report of the Secretary-General
1. By its resolution 37/135, the General Assembly requested the Secretary-General
to prepare and submit to it at its thirty-eighth session, through the Economic and
Social Council, the two reports requested in its resolution 36/173. In the latter
resolution, the General Assembly requested the Secretary-General to submit a
comprehensive report on permanent sovereignty over national resources in the
occupied Palestinian and other Arab territories, including Jerusalem, and to make
proposals for follow-up and implementation. It also requested the
Secretary-General to submit a report on the implications, under international law,
of the United Nations resolutions on permanent sovereignty over natural resources,
on the occupied Palestinian and other Arab territories and on the obligations of
Israel concerning its conduct in these territories.
2. The report of the Secretary-General on the implications, under international
law, of the United Nations resolutions an permanent sovereignty over natural
resources appears in document A/38/265-E/1983/85 of 21 June 1983.
3. The comprehensive report requested by the General Assembly has been prepared
by consultants under the supervision of the Natural Resources and Energy Division,
Department of Technical Co-operation for Development. The report is reproduced in
the annex to the present document.
* A/38/50/Rev.l.
** E/1983/l00.
83-16704 3863e (E) I.·.
A/3B/2B2
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ANNEX
Comprehensive report on permanent sovereignty over national resources
in the occupied Palestinian and other Arab territories
I. INTRODUCTION
1. The question of permanent sovereignty over national resources in the occupied
Palestinian and other Arab territories has been a subject of concern to the General
Assembly since its twenty-seventh session, when it adopted resolution 3005 (XXVII)
of 15 December 1972.
2. This question has been dealt with in some detail in two reports submitted by
the Secretary-General to the General Assembly at its thirty-second session
(A/32/204) and thirty-sixth session (A/36/64B). The present report endeavours to
cover a wider range of this complex question, in the light of General Assembly
resolutions 36/173 and 37/135 by focusing on specific Israeli occupation policies laws,
regulations, military orders, administrative practices - which are
particularly relevant for permanent sovereignty over the national resources of the
people concerned. Some of the aspects of the question of permanent sovereignty
over national resourCes in occupied territories are also covered in the reports of
the Secretary-General concerning the living conditions of the Palestinian people in
the the occupied territories (A/37/23B, A/3B/27B-E/19B3/77), the reports of the
Special Committee to Investigate Israeli Practices Affecting the Human Rights of
the Population of the Occupied Territories, the reports of the Committee on the
Exercise of the Inalienable Rights of the Palestinian People, recent reports by the
World Health Organization (WHO), the United Nations Educational, Scientific and
Cultural Organization (UNESCO), the International Labour Organisation (ILO) and the
United Nations Conference on Trade and Development (UNCTAD) and other documents of
the United Nations. To avoid duplication, and in conformity with the directive of
the General Assembly concerning control and limitation of documentation, the
information already covered in the reports mentioned above will be dealt with only
briefly in the present report and appropriate references made to the documents
concerned.
3. The report is based on information and data contained in reports of the
various United Nations organs and specialized agencies concerned, on information
supplied by Governments and the Palestine Liberation Organization, on information
supplied and available in pUblications of specialized research organizations, on
material published in books, periodicals, journals, the press and other
publications dealing with the situation in the Middle East and in ~he occupied
territories. It is clear that, in order to present the objective and balanced
assessment necessary, the co-operation of all parties concerned would have been
necessary. As an essential element, such an investigation would require an on-site
inquiry in the occupied territories themselves and discussions with representatives
of the Government of Israel. As the efforts to obtain access to the occupied
territories were unsuccessful, 1/ the substance and the scope of the information
presented must necessarily be of a limited nature. However, every effort was made
also to use Israeli sources ~ and to obtain first-hand information from the
/ ...
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occupied territories, through fact-finding missions to the occupied territories
organized by the United Nations Relief and Works Agency for Palestine Refugees in
the Near East (UNRWA), the 110, WHO and UNESCO, through united Nations experts
visiting the neighbouring countries and through co-operation and consultation with
UNCTAD, WHO, the 110, the United Nations Industrial Development Organization
(UNIDO), UNESCO, UNRWA and other organizations.
4. In this connection, it should be noted that the extension of Israeli law to
the Golan Heights by the Israeli Knesset in December 1981 has rendered it very
difficult to obtain relevant information regarding conditions in the Golan
Heights. Consequently, published data are not readily available. The same
difficulty applies to East Jerusalem.
11. NATIONAL SOVEREIGNTY AND POLITICAL INSTITUTIONS
5. The right of peoples and nations to permanent sovere,ignty over their natural
resources has been accepted as a principle of international law although its exact
content and relation to other principles of international law have yet to be fully
developed and defined (see A/38/26S-E/1983/851 E/C.7/l983/5). Sovereignty over
national resources is generally interpreted as the right of a people to determine
how its resources in the natural, human, economic, cultural and political field
will be used, conserved and preserved. These choices are normally made through
political institutions. In the occupied territories, however, comprising the West
Bank inclUding East Jerusalem, the Gaza Strip and the Golan,Heights, the
development of authentic Arab institutions has been affected by a variety of
Israeli measures. Many of these measures bear the character of legislative
enactments with far-reaching and long-lasting effects. Israel declares that it
voluntarily observes most of the provisions of the Fourth Geneva COnvention,
although it does not accept that the occupied territories are within the purview of
the Convention. 1/
6. The most important of these measures is the extension, by the Knesset, of
Israeli law, administration and jurisdiction to East Jerusalem and the Golan
Heights. Such extension is declared, by the former legal adviser to the West Bank
Military Government, to be tantamount to annexation. i/
7. In the West Bank (excluding East Jerusalem) and Gaza, Jordanian law, in
theory, still applies. A different path has been followed by the occupation
authorities by issuing, since 1967, more than 1,000 military orders. Although
these laws are termed "security legislation", they deal mostly with civilian,
economic, administrative and judicial matters. 5/ In most cases, the Military
Government has consistently endeavoured to avoid issuing new legislation with no
reference to existing Jordanian law. It prefers to find a Jordanian law which can
be amended, rather than pass a totally new law.!/ This, however, does not bar the
Military Government from introducing, in this way, new norms which follow the
Israeli model, for example, the introduction of the value added tax (VAT) system by
amending a Jordanian law on taxing local products (Law No. 16/1963) through
Military Order No. 658. Selectively, the Military Government issues orders that
copy existing Israeli laws, without referring to a Jordanian law.
/ .. ,
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8. Finally, Israeli norms are introduced to the West Bank on a personal basis,
that is, addressing only the Israeli population in the territory. This is done
either by issuing military orders applicable only to Israeli settlers or Jewish
settlements in the West Bank or by the Knesset extending territorial laws of the
state of Israel to the Israeli population residing outside the borders of
Israel. 11 Using these three possibilities, it appears that the Military
Government tends to establish a dual legislative, administrative and judicial
system in the West Bank, namely, one system for the Arab population, and one system
for the Israeli population in the West Bank and the Gaza Strip. 11
9. For the Israeli population living in the West Bank and Gaza Strip, Military
Government Orders No. 783 of 20 March 1979 and No. 982 of 1 March 1981, established
municipal councils whose powers and responsibilities are almost identical to those
of local councils and municipalities in Israel. While regional councils were to be
elected in Jewish non-urban settlements, local councils were to be elected in urban
settlements.
10. The municipal councils have been granted wide de facto powers, particularly in
boundary and planning affairs.
11. The determination of the councils' jurisdictional boundaries determines the
territorial framework within which that authority will operate. Within those
boundaries, only Israeli authorities will operate, and these areas will be under
de facto Israeli control. 41 Thus, the municipal councils are termed "Israeli
islands" in the West Bank.- According to the Israeli expert quoted, they are
channels through which the Israeli Government authorities can operate in the West
Bank. In order to increase the territorial contiguity of Jewish populated areas in
the West Bank, not only the area currently in use, but also any area, the use of
which is planned in the future, is included within the borders of most of the
settlements.
12. A situation of territorial contiguity exists already with respect to the
regional councils in the Jordan Valley and the Dead Sea area, where the roads
connecting the settlements have also been included in the jurisdictional boundaries
of the councils. In these areas, there are almost no Arab inhabitants and most of
the land has been expropriated, or declared State domain. iI
13. The granting of planning and building licensing powers, as in Israel proper,
to the West Bank Israeli councils is, therefore, of essential importance; they are
"the lifeblood of Israeli settlement". 81 According to these policies, Israeli
regional and local councils in the West-Bank were appointed as "special planning
commissions N
• In the framework of "district planning commissions", their members
co-operate with Israeli Government officials in elaborating settlement planning.
According to Israeli sources 91 major criteria of this planning process are the
following: -
Ca) Each settlement should be economically and socially independent and
self-sufficient but interrelated with the other neighbouring Jewish settlements,
for instance, in matters of defence and services.
I· ..
(b) The choice of the location is affected by security
overlooking large areas, as well as adjacent to main roads.
circumvent areas of Arab population.
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reasons, i.e.
These roads should
(c) It is planned that the bulk of the Israeli population in the West Bank
will reside in urban centres. These centres do not require arable land as do
agricultural settlements but even unsuitable terrains can be prepared for vast
building schemes. Thus, urban centers appear particularly suitable to accommodate
the reportedly planned increase of the Jewish population in the West Bank of
between 12,000 and 15,000 per annum.
(d) The physical extension of adjacent Arab villages and farms shall be
restricted by the planned settlement.
(e) Possible interaction between tbe proposed Israeli settlements and the
existing Arab population tends to be ignored or downgraded. Instead, it appears
that preference is given to a system of complete spatial separation between Israeli
and Arab areas. Thus, two separate or partially separate infrastructure systems,
one for the Israeli and one for the Arab population, are reported to exist in the
sectors of telecommunications, post, water, roads, electricity, industry,
agricultural marketing, school busing and vehicle licensing.
14. The Israeli municipal councils in the West Bank benefit from considerable
government support. Their budget allocations are included in the general budget of
Israeli ministries. In some settlements, more than one third of the household
heads are reported to receive their salaries from government sources.
15. The Israeli sources relied upon 1/ estimate the development and regular
budgets of the Israeli Government allocated for Israeli settlements in the West
Bank at IS 5 billion (160 million dollars) per annum.
16. In conclusion, it appears that the Israeli settlements and their councils are
formally separated from the local Arab municipal and planning system. Although
nowhere is it determined that the settlements are not under the jurisdiction of the
existing Jordanian law, an involved Israeli expert describes the settlements as
being like settlements in Israel for all intents and purposes. lQ/ Since the
Jewish councils in the west Bank are granted the right to form a common "Council of
Jewish settlements in Judea and Samaria", they are reported to constitute "an
Imperium in Imperio" with "quasi-governmental status". 11/
17. This picture is in contrast to the declining powers of the Arab local and
municipal councils. Financial support to them through the civilian budget of the
Military Gvernment is decreasing, some local taxes and funds are withheld and,
under regulation No. 973, the flow of funds and transfers to the occupied
territories is restricted. Prior permitg are required to bring in any amount
exceeding SUS 3,000, with full disclosure of sources and uses. Thus, financial aid
extended by Arab states to Jordan and the Palestine Liberation Organization in
favour of Palestinian local and municipal councils in the west Bank is severely
impaired.
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18. Attempts by the West Bank and the Gaza Strip mayors to unite legally in a
"Committee of National Guidance" have been prevented by the occupying authorities.
Individual administrative and judicial measures against mayors and other West Bank
leaders are reported to aim at discouraging the building of authentic Palestinian
institutions. While Israeli residents in the West Bank can participate in the
political process in Israel, there are no political institutions above the
municipal level for the Arab population in the west Bank and Gaza Strip. Neither
Palestinian political parties nor the Palestine National Front are allowed to
operate legally. Attendance at the palestine National Congress at Algiers in
February 1983 by the West Bank and Gaza strip representatives was discouraged or
legally prevented. The last municipal elections took place in 1976. It may be
noted that the franchise was extended by the occupying authority to women for these
elections. The establishment of a civilian administration under Military Order
No. 947 of 8 November 1981 is seen by Palestinians as not changing substantially
the powers of the occupying authority.
19. It is reported that the civil administrations, in 1982, played a dominant role
in such practices as the dismissal of elected and appointed officials, the
deportation of university faculty members, the imposition of house or town arrest
and other collective punishments, the banning of newspapers and the implementation
of broad restrictions on speech and assembly. 121 The civil administrations also
made major efforts to transfer patronage and,authority from elected and established
Palestinian nationalist leaders. As a key part of this effort, the West Bank civil
administration actively promoted the spread of rural based, quasi-political
organizations known as "village leagues". These organizations were provided with
arms and financial assistance by occupation authorities. Allegations have been
made by local inhabitants that the Village Leagues have been involved in graft and
violence against other West Bankers.
20. The eventual transfer of statutory powers to these leagues is considered by
Arab lawyers as an additional step to increasingly weaken elected Palestinian
institutions even at the comparatively modest level of local and municipal councils.
21. However, Military Order No. 947 is viewed by Palestinian lawyers to be "like a
unilateral declaration of a constitutional change" 131 since its effect is seen as
possibly elevating the status of certain military orders to the status of
full-fledged law. 141 Thus, military orders would possibly no longer be considered
as secondary legislation, which is reviewable by the Israeli High Court of Justice,
but might be considered as primary legislation, which is de facto only under very
limited conditions challengeable before the Israeli High Court. 151 Furthermore,
the alteration would place the military orders beyond the authority of Palestinians
to alter or to amend since the Israeli Government holds that the proposed
Palestinian "self-governing authority", agreed upon in the Camp David framework of
September 1978, would be confined to the functions of an "administrative council"
without primary legislative powers and without the territorial dimension of
government. 161
22. In the final analysis, it appears that the interplay of the different norms
introduced by Israel into the occupied territories might indicate a basically
dualistic structure of the future relationship between the Jewish and the Arab
segment in the area:
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(a) Both segments would have a separate, but de facto unequal, status,
Cb) To the Arab segment, a guaranteed, but limited, autonomy would be
conceded, but only on a personal and not territorial basis, while the Israeli
segment, exercising the decisive final control over most of the territory and its
inhabitants, would benefit from a de facto predominant position.
23. Obviously, the differentiation between the personal and the territorial
dimensions of government displays a major feature of the classical minority regime
of the Muslim Middle East as it found expression, for instance, in the Ottoman
millet system. The new concept, however, would appear to constitute a fundamental
reversal of the classical minority regime since, in the occupied West Bank and Gaza
Strip, it would now be the Arab segment which would be confined to a secondary
status. The Arab segment being predominantly, although not exclusively, Muslim,
the new concept would substantially challenge basic inherent political order
concepts of Arab Islam, thus highlighting a core dimension of the Arab-Israeli
conflict.
Ill. JUDICIAL PROTECTION
24. A number of important changes have been brought about in the legal process
within the occupied territories, among them the abolition of the death penalty, 17/
Many features of the judicial system and legal process in the occupied territories
appear to indicate a de facto privileged position for the Israeli population
segment and a less privileged position for the Arab segment.
25. The main changes seem to be the increasing role of the Israeli High Court as
supreme jUdicial authority in matters involving decisions of the occupation
authorities. This role is being supported by the abolition of the jurisdiction of
the Jordanian Court of Cassation and by the exemption of actions by the occupation
authorities from review by local judicial bodies. Given that Israeli military
authorities have not only assumed governmental functions directly related to
security and the public order, but also such functions as, inter alia, the posts of
registrar of lands, registrar of companies, registrar of trade marks and patents,
and the power to grant permits for land transactions and to authenticate
signatures, the role of local courts in comparison to Israeli authorities,
quasi-judicial and judicial bodies has been increasingly eroded.
26. While in theory criminal offences by Israeli civilians in the West Bank and
the Gaza Strip are subject to concurrent jurisdiction by local Palestinian courts
and Israeli military courts, Military Order No. 841, on the closing of criminal
files, enables the legal adviser of the Military Government to decide where an
offender is to be tried. In respect of offences committed by Israelis in the
region, there has been a "tendency to try them in military courts", 18/ Local
criminal courts, it is reported by the Israeli source, hence have jurisdiction only
when "intact'· Jordanian law is available, while offences based on military orders
are tried by military courts. With the tendency increasingly to amend Jordanian
law by Israeli norms and specific military regulations, there remains a
continuously narrowing role for Arab local criminal courts, taking care basically
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of cases where Israeli citizens are not involved and where the military authorities
have not yet amended or replaced Jordanian law.
27. As Israeli authorities have taken over the functions of appointment,
supervision and dismissal exercised by various governmental organs over the jUdges
under Jordanian law and as they have centralized these functions with the
occupation authorities, the independence of the judiciary appears to be
substantially weakened. Arab civil courts still retain jurisdiction, apart from
actions involving the military, over civil matters. In theory, this jurisdiction
also includes cases involving Israeli residents or governmental bodies acting in a
commercial capacity. In practice, however, given the bargaining power situation,
most agreements, as is conceded by both sides, stipulate, through choice-of-law
clauses, the jurisdiction of Israeli courts.
28. In lieu of local courts, the military authorities have established appeal
boards to hear complaints against decisions by military authorities. They are
authorized to decide most matters dealing, inter alia, with land, customs, income
tax, natural resources, pensions and rights of depositors in local banks (Military
Order No. 172). They are composed exclusively of Israeli military officers,
sometimes without legal qualifications. Palestinian lawyers claim that a number of
practical obstacles make it difficult to obtain a fair procedure with these boards,
that decisions are often based on political considerations and that the outcome is
rarely favourable. Israeli sources have responded to these allegations by pointing
out that, of 34 appeals presented between 1979 and 1980, 5 have been successful. 19/
29. An important factor of the rule of law is the extent to which the affected
population is able to be informed about laws and regulations applicable. Wide
availability of information in this field would tend to restrain the discretionary
powers of the authorities and provide an incentive to abide by the law. In
addition, the local population affected by the administrative practices of the
authorities and by actions by Israeli settlers would be enabled to appeal against
discretionary actions and thus contribute towards a more effective rule of law.
30. Both Israeli and Palestinian sources consulted seem to agree that the
decisions of the military appeal boards are not made available to the public nor do
they contain extensive legal reasoning. As to the publication of military orders,
Israeli SOurces 121 refer to the official Collection of Proclamations and Orders,
while Palestinian sources 20/ claim that these texts are not made widely available
and that, in practice, Israeli authorities have shown little interest in their
distribution.
31. Furthermore, procedural rules and obstacles are fashioned in a way that
renders service of complaints and execution of judgement by Arab local courts
difficult. This situation, however, changes when the judgements of Israeli courts
are to be enforced, which reduces the role of Arab local courts in favour of the
assumption of jurisdiction over West Bank matters by Israeli courts. The Jordanian
law on execution of court judgements has also been amended in order to reduce
communal control Over the execution. Arab West Bank residents are reported to be
severely hampered in efforts to bring successfully to justice cases involving
Israeli authorities or Israeli residents of the West Bank. In both cases, an
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effective judicial protection would appear to be highly desirable, particularly if
one is to draw on different reports on human rights violations in the area. 21/
32. In addition, Palestinian sources complain 20/ that under the dual system of
administration and justice Arab residents have little, mostly nominal protection
from the occupation authorities against encroachments by Israeli settlers. No
effective protection is reported to have come from Israeli occupation authorities
which, on the other hand, are said to be extremely swift and effective when they
perceive that safety and public order are affected by Arab residents. In this
respect, palestinian and Arab sources claim that there is wide-spread collusion
between occupation authorities and Israeli settlers. The Israeli rebuttal to the
Arab source cited makes no objection to these reports. ~
33. The interplay of these different norms and legislative enactments, under the
conditions of a dual system, affects also the exercise of Arab sovereignty over
natural, human, economic and cultural resources.
IV. NATURAL RESOURCES
34. The basic natural
and mineral resources.
livelihood.
resources of the occupied Arab territories are land, water
Among these, land and water constitute the major sources of
A. ~nd
35. The total area of the West Bank is approximately 5,500 km2• This figure
included, in 1980, an estimated 1,853 km 2 of cultivable land (1,765 km 2 under
dry farming and 87.5 km2 under irrigation) and, besides forests and idle land, an
estimated 1,850 km 2 of grazing land in the West Bank and the Gaza Strip. Some
2,612 km2, corresponding to about 46 per cent, are cultivated.
36. Since 1967 the Arab inhabitants of the West Bank including East Jerusalem have
increasingly lost control over their land, both cultivated and uncultivated. The
former Israeli deputy mayor of Jerusalem, Meron Benvenisti, lists different
legislative policies used by Israeli authorities to strengthen Israeli hold over
the land, 23/ as follows:
(a) "Absentee" property. ~nd and other property owned by citizens of the
West Bank who left the area in 1967. The land is administered by the Custodian of
Abandoned property who has leased large areas to Israeli agricultural settlements
in the Jordan valley/
(b) "Registered state domain" •. Areas registered in the name of the Treasury
of the Government of Jordan or in the name of the King of Jordan. The status of
the Military Government in these areas is that of a temporary administrator for the
duration of the military occupation. However, the Military Government treats these
lands as Israeli State domain and leases it to Israeli settlers, including for
"build-your-own-home" schemes, that is for long-term leases (49 years, renewable)/
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(c) Lands requisitioned for military purposes. Privately owned land which is
seized by the Military Government under an order proclaiming that the area is
needed for "vital and immediate military requirements". The land remains under
private ownership while the Military Government offers a rental payment for the
"use" of the land. Many settlements are reported to have been built on these lands;
(d) Lands closed for military purposes. Areas closed by the Military
Government for use as training grounds, firing ranges, etc. In some cases, the
military allow cultivation when the area is not used by it. "Closed" lands tend to
become "requisitioned" lands, for example the Kiryat Arba land acquisition;
(e) "Jewish lands". Lands owned by Jews prior to 1948 and administered by
the Jordanian custodian of enemy property;
(f) Lands purchased by Jewish bodies. While until 1979 only public Jewish
companies received permission from the Military Government to purchase land in the
West Bank and most of these lands were acquired by an affiliate of the Jewish
National Fund, since 1979 private Israeli citizens have also been allowed to
purchase land in the West Bank;
(g) Land expropriated for pUblic purposes. The Military Government uses the
Jordanian Expropriation Law of 1953, inter alia, for acquiring land for roads,
including arterial roads and access roads to Israeli settlements, since, in 1972,
the Israeli High Court of Justice recognized Israeli settlers as part of the
population of the West Bank.
37. The study referred to has estimated that the total area thus seized by Israel
amounts to approximately 1,500 km2 •
38. Since 1979, however, the Israeli authorities have adopted a new approach based
on article 103 of the former Ottoman Land Code. According to this law, anyone with
the consent of the authorities may cultivate vacant land (~ land), the ultimate
title remaining with the Sultan. 241 The new approach of the Israeli authorities
consists in claiming, as successo~ of the Sultan, all unregistered lands as ~
lands and of equating mawat lands with State lands. This equation, whose legal
validity is contested by Palestinian lawyers, facilitates the seizure of Arab lands
since the cadastral survey within the land settlement process realized in 1967 by
Jordan covered only three eighths of the West Bank. 251 Moreover, the rights
secured by entries into the Land Registry encompass only one third of the west Bank
lands. 261 Finally, if the Israeli authorities intend to take possession of State
land, the Arab appellant has to prove that the contested land belongs to him. Such
evidence is hard to come by and is usually not conclusive so that the Arab
inhabitants reportedly lose most cases. This procedure, which was sanctioned by an
Israeli High Court decision in 1981, enables the Israeli authorities to seize
practically any land, as the former Israeli deputy mayor of Jerusalem remarks.
39. AS a consequence of these Israeli land policies, the office of the Jordanian
Crown Prince points out that a large part of West Bank land has under various legal
forms come under effective Israeli control:
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(a) As from February 1983, an overall area of 2,453 km2 , equivalent to
44 per cent of the total West Bank territory including East Jerusalem, has been
seized by Israel;
(b) Some 23 per cent of the total West Bank area is designated specifically
for Israeli settlements and security purposes,
(c) Approximately 153 settlements were set up by Israel in the West Bank and
East Jerusalem by the end of December 1982, of which 31 were in and around
Jerusalem;
(d) The total number of settlers in the West Bank including East Jerusalem
increased from 91,000 in April 1979 to about 140,000 in 1982. Among these an
estimated 25,000 are to be found in the West Bank and over 110,000 in East
Jerusalem.
40. Given present Israeli plans, it is expected that these figures are likely to
increase Over the next years so that by the year 2000 the West Bank, including East
Jerusalem, would have 1.4 million Israelis together with 1.6 million Arabs. 121
41. According to a long-term master plan prepared by the Zionists' Settlements
Department, 57 new settlements should be established in the West Bank by 1987,
bringing the total settlements in the area to 165. Under this plan the Jewish
population in the West Bank should reach parity with the projected Arab population,
to stand at 1.2 million. An analysis of rates of construction in the 108 existing
settlements in the West Bank indicated that 6,000 housing units are to be occupied
within the near future, and "12,000 are under construction. On this basis it is
projected that by 1986 the Jewish population in the area will be over 100,000. Of
the 165 settlements envisaged in the long-term plan, five will be large towns and
urban settlements (Kiryat Arba and Ariel, and three large urban suburbs with
populati~ns of between 10,000 and 30,000 families), 36 smaller urban communities of
up to 3,000 families, 65 communities of 400 families, and 59 moshavim and
kibbutzim. The anticipated rate of construction is 5,000 to 6,000 housing units
per year. The plan calls for the construction of an additional 400 kilometres of
roads to improve access and thereby encourage private initiative, the development
of 400 to 500 dunum of industrial space per year, and the continued acquiring of
privately owned Arab and "state lands' which have been earmarked for afforestation,
grazing and tourism facilities. The plan includes a list of priorities which
emphasizes rapid development in the greater Jerusalem area, a strip along the main
north-south highway, the north-western corner of the West Bank, an area lying
between Tulkarm and Kedumim, and the southern Hebron hills. To encourage the
Israeli population to move into the West Bank, the plan calls for severe
restrictions on construction in Israelis main urban centres, along the coastal
plain. 281
42. Of the total area of 367 km 2 in the Gaza Strip, some 55 per cent is suitable
for cultivation (about 102 km2 under irrigation and 91 km2 under dry farming).
An additional area of about 60 km2 was used in 1981 for settlements, including
refugee camps, and for roads. As-in the West Bank, a significant part of the
available agricultural land has been seized for Israeli settlements. As of the end
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of 1980, approximately 20 km2, or 10 per cent of the total agricultural land, had
been appropriated by the Israeli authorities for Israeli settlements. 291
43. Precise information on land use in the Golan Heights is not available. In
very general terms, roughly 40 per cent of the Quneitra district which, under the
disengagement agreement of 1974, has been partly returned to the Syrian Arab
RepUblic, is considered to be suitable for agricultural use. Since the occupation
in 1967 and up to 1980, Israel has established at least 30 settlements in the
area. However, it has not been possible to calculate the total land area
involved. In 1982, about 6,000 to 7,000 Israeli settlers were estimated by the
Government of the Syrian Arab Republic to be living in the Golan Heights. 301 The
extension, on 14 December 1981, of Israeli law, jurisdiction and administration to
the Golan Heights, which has been unanimously declared by the Security Council
(resolution 497 (1981») to be "null and void and without international legal
effect", is supposed to further reduce the exploitation of the Golan's resources by
the Syrian inhabitants of the area. Before the occupation, in 1967, the Golan
Heights contributed about 9 to 11 per cent to the overall production of the Syrian
national economy. The continuing occupation has created income losses which are
estimated at an annual average of £S 235 million. The total loss, by the end of
1981, is estimated at some £S 3,525 million. These losses would be intensified if
an additional 20,000 Israeli settlers were to be settled in the Golan Heights area
over the next four years, as the Israeli authorities announced on
6 January 1982. 311
B. ~
44. ~gether with land, water is a vital natural resource for the inhabitants of
the occupied Arab territories.- For all practical purposes, the region comprising
the occupied territories and Israel is a single water resource area. As the
occupying power, Israel is the sole authority for the conservation, control and use
of the water resources in the occupied Arab territories. It hence has a powerful
means of determining the level of economic activity of the area as a whole. 321
45. Presenting the main criteria of its water policies, the Government of Israel
emphasizes considerable improvements in exploitation and distribution of water
resources in the West Bank and Gaza Strip. Palestinians, however, point to legal
obstacles and to inequitable treatment of Israeli and Arab residents in the
occupied territories with respect to water distribution and usage.
46. For both purposes, domestic and agricultural, water use in the West Bank is
influenced by a comparatively high water consumption rate in Israel and in the
Israeli settlements in the occupied territories. The current water use in the
West Bank by the Arab population is estimated at 100 MCM (million cubic metres per
year). Of these, about 86 MCM are for agricultural use, irrigating approximately
100 km2, with the remainder, some 14 MCM, for domestic use. By comparison, the
Israeli population in Israel uses 1,700 MCM, so that their water consumption per
capita is three times the use by the West Bank Arabs. 331
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47. The pressure on water resources available to the Arab inhabitants of the
West Bank is further increased as a result of use of water by the Israeli
settlements in the area. The total water consumption of the some 25,000 Israelis
living in the West Bank, excluding East Jerusalem, is estimated at about 26 MCM in
1982. Of these, the settlements in the Jordan valley alone use approximately
25 MCM for the irrigation of 20 to 30 km 2 of agricultural land. This quantity is
to be increased to 40 MCM by the late 1980s and is to irrigate 40 to 50 km 2 of
land. Hence, the Israeli population in the West Bank, excluding East Jerusalem,
amounting to about 3 per cent of the total West Bank population excluding 'East
Jerusalem, uses 20 per cent of the total water consumption of the area, assigning
96 per cent of this amount to irrigation. Thus the water policies of the occupying
authorities deny to Palestinians in the West Bank the use of water resources at the
same level as is permitted to Israeli residents.
48. Water consumption in the Gaza Strip is estimated at 100 MCM per year, of which
90 per cent is used for irrigation. The entire amount is pumped by about
1,600 wells. 34/ The high population density imposes severe strains on water
supply in the area. The Arab position is hampered - as reports indicate - by the
fact that new Israeli settlements established in the Gaza Strip are reportedly
granted preferential access to water by the Israeli authorities. Therefore, the
water remaining for the use of the Arab inhabitants is, on a per capita basis, even
less than before the Israeli occupation in 1967 (A/36/648, para. 20). The
increased use of water by the settlements contributes to the present
over-exploitation of water resources which amounts, according to an Israeli expert,
to about 30 to 60 MCM per year. 35/ The over-exploitation has lowered the water
table in the last five years by 0.5 to 2.5 m, while the salinity of the pumped
water has increased in this period by 20-200 parts per million (ppm) chloride. A
recent study, quoted by the Israeli expert, shows that, if pumping continues at the
present rate, the water table will drop 1.0 to 3.5 m below the present levels in
the next decade, and in the same period, the salinity will increase by 30-300 ppm
chloride. As long as this over-exploitation continues, sea-water intrusion will
increase and so will the inflow of saline waters from the east and from aquifers
below the zone of utilization. The damage, the Israeli expert concludes, that will
be caused to ground-water storage and to ground-water users, who are scattered all
over the Gaza Strip, will be beyond repair. 36/
49. In the Golan Heights, according to Syrian Government information, a
IS 100 million irrigation project is being carried out by the occupying authority,
in favour of Israeli settlements in the central and southern parts of the area. l2/
c. Mineral resources
50. Besides building and construction materials, the rich resourCes of potassium
and related minerals in the Dead Sea area constitute the main mineral resources of
the occupied territories. The exploitation of the Dead Sea resources and the
development of adjacent areas could be adversely affected by the Israeli decision
to build a canal linking the Mediterranean Sea to the Dead Sea. l!/
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v. HUMAN RESOURCES
51. For East Jerusalem and the Golan Heights, disaggregated population figures
are not available. Regarding the other occupied territories, the figures of the
Israeli Statistical Abstract for 1982 refer to the population in the west Bank, the
Gaza Strip and northern Sinai. The substantial population rise in the last years
in these territories is attributed by the Israeli Government partly to a decrease
in infant mortality and an increase in life expectancy. The total popUlation in
these territories, at the end of 1981, has been estimated at 1,158,900, almost
equally divided between females and males.
52. It would appear that close to half the population was in the non-production
age group, while more than another quarter was in only a preliminary stage of
contributing to the economy. Less than one fourth of the population, in which
females predominate, had to provide the main support for the rest of the
population. Considering that the participation of females in the labour force is
low by custom and tradition, and owing to the lack of production opportunities in
the occupied territories, the main burden of earning a living, providing for the
dependents and contributing to the economy has fallen on a very small proportion of
the working population in the territories.
53. In spite of an increase in the popUlation as a whole, the number of employed
persons living and working in the occupied territories declined from 152,700 in
1970 to 140,000 in 1981. 39/ This is partly due to the emigration of a
considerable number of persons who prefer well-paid jobs in other Arab countries to
the unsatisfactory living conditions in the occupied territories, caused,
inter alia, by the lack of employment opportunities for educated and skilled
people, particularly for recently qualified young people. This annual emigration
of Palestinians has been estimated at an average of 20,000 persons per year and
amounted in 1981 to 21,200 persons. Many persons who have had to leave have been
reportedly debarred from returning under various regulations imposed by the
occupying Power. Another reason for the decline in employment is that Arab
producers in the occupied territories found it uneconomical to pursue their
traditional income-producing activities in face of the unrestricted competition of
products from Israel and the new Israeli settlements.
54. This decline in employment, which has been treated in a more detailed way in
other reports, 40/ is sharply contrasted by a steady increase in the number of
persons who are living in the occupied territories but work in Israel: from 20,600
in 1970 to 75,800 in 1981. 39/ In addition to those persons engaged through
official channels, there are-considerable numbers of persons who seek employment on
their own or are engaged through unauthorized agents or contractors. This number,
being difficult to assess, is estimated at more than a quarter of those recruited
officially (A/37/238, annex I, para. 49). In addition, there is the growing
number, not easily quantified, of Palestinians who, on their own behalf, are
seeking employment in the newly established settlements. Thus it would appear that
at least 44 per cent of the employed persons in the Palestinian occupied
territories are working in Israel. Estimates provided by Palestine Liberation
Organization and Jordanian sources are even higher - up to two thirds. These
figures indicate an actual and potential loss of manpower resources for the
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development of the occupied territories. Most of the work in Israel was in
unskilled and semi-skilled jobs in construction (51 per cent), industry
(18.2 per cent) and agriculture (12.7 per cent). The Israeli Government holds
that, thus, full employment in the occupied territories is secured. It points out
a substantial increase in living standards, a narrowing of the income gap between
Israel and the occupied territories, the extension of social benefits to those
officially engaged and a lack of discrimination (see A/37/347 and Corr.l, annex).
55. However, this kind of employment entails many hardships and insecurities,
since Palestinian workers from the occupied territories are debarred from residing
legally in Israel and have, subject to inspections, to commute daily from their
homes in the territories to their places of work in Israel, which often takes two
to four hours. 41/ The Palestinians' wages are lower than those paid to their
counterparts in the Israeli labour forcel for example, the difference in the hourly
wages in construction work is, according to Israeli labour union sources,
50-60 per cent. ~/ Yet Palestinian workers are subject to the same taxes and
·deductions.
56. Furthermore, since the Israeli trade union Histadruth pursues no recruitment
policy in favour of Arab workers from the occupied territories and since most of
these workers themselves do not wish to join or co-operate with Israeli trade
unions, these workers are generally not members of the Histadruth pension funds.
Theoretically, pension plans are available through the Ministry of Labour and
Welfare, and fringe benefits are collected from the employers. However, the sums
accumulated since 1968, believed to be substantial, are kept in the Treasury and
are not paid out to West Bank labourers to whom they technically belong. The same
source indicates that since 1968 only 152 West Bank labourers have received pension
benefits. 43/
57. A significant loss of manpower resources from the occupied territories is
constituted by those who fled the territories or were displaced following the armed
conflicts of 1948 and 1967 and who have sought refuge in neighbouring Arab
countries. The total number of refugees registered in 1982 with UNRWA amounted to
1,925,726 persons.
58. To the losses of the Palestinian POPulation incurred by the West Bank and the
Gaza Strip as well as East Jerusalem should be added the Syrian popUlation which
fled the Golan Heights and the Quneitra district during and after the 1967
hostilities. Virtually all the Syrian population of this occupied area, estimated
at 140,000, as well as some 16,000 Palestinian refugees then living in the Golan
Heights, were forced to leave. 44/
59. For 1982, it was reported by the United States Department of State that only
Druse Syrians were permitted by the Israeli authorities to live in the Golan
Heights. Syrians of other religious and confessional denominations were not
allowed to return to their homes and farms there. When the Israeli Government
required all residents of the Golan area to obtain Israeli identity cards and when
most of them refused, the Government cut the·area's telephone communications and
sealed off the area from outside access for more than five weeks. Residents
without Israeli identity cards were for several months unable to leave the area,
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even for medical treatment. As of the end of 1982, they were still subject to
fines, according to a United States Department of State report, if caught outside
the area without Israeli identity cards. 45/ Since in the Golan approximately two
thirds of the active population go to wor~in Israel, these measures concern a
considerable number of the Arab inhabitants of the Golan area.
60. Present population estimates for the Golan areas vary from 8,000 (Security
Council commission established under resolution 446 (1979) to 12,500 (Israel) up to
15,000 (Keesing's Contemporary Archives). 46/ The latter source expects that the
settling of an additional 20,000 Israelis up to 1986, as announced by the Israeli
authorities on 6 January 1982, would bring the Israeli population in the
Golan Heights area to some 27,000 and thus to a substantial majority position.
VI. ECONOMIC POLICIES
61. The occupation has had profound effects on the process of economic development
in the territories. Arab sources underline the burdens resulting from this new
economic status quo while Israel holds that considerable benefits have been created
also in favour of the Arab population of the occupied territories. A general
feature of this process is the increasing integration of the occupied territories
into the Israeli economic system. While the occupied territories increasingly
become a protected outlet for Israeli products and a comparatively cheap supplier
of manpower, an independent economic development of the local Arab population is
affected by Israel's control of those incentives that could stimulate a
self-reliant economic development (investment, trade, financing). Important
pre-1967 economic links between the occupied Arab territories, on the one hand, and
East Bank Jordan and the Arab Middle East, on the other, have decreased
substantially. As the results of such policies have been amply discussed, in
particular in the reports on the living conditions of the Palestinian people and
the UNCTAD review of the economic conditions of the Palestinian people in the
occupied Arab territories (TD/B/870 of 26 August 1981), the present report focuses
on highlighting specific occupation policies.
62. The changes indicated by these features have been stimulated by market forces
but it has to be kept in mind that these forces have operated in a highly
controlled environment shaped by the conditions of continuing occupation. The
resulting pattern, therefore, appears to reflect key policy decisions by the
occupying Power. 47/
63. One of the major characteristics of this pattern is a high growth rate of the
two territories' economy. The Israeli Government declares that the gross national
product has increased at an average annual rate of close to 13 per cent, in real
terms (A/37/347 and Corr.l, annex, p. 2). Judgements may differ about the precise
figures that should be used to describe the growth performance, but in absolute
terms 48/ the growth has been substantial. 49/ However, the rate of growth is not
always a reliable indicator of economic progress. First, there is reason to doubt
whether the estimates of output in the period immediately following the 1967 war
are a useful baseline from which SUbsequent real growth ought to be measured since,
in 1968, when the Israeli statistical series on the product of the occupied Arab
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territories began, the economic life of the territories had not yet recovered from
. the immediate disruptive effects of the 1967 war. Particularly, the high losses of
human resources referred to above, caused by the exodus of Arabs from the West Bank
and the Gaza Strip, ~/ have to be mentioned.
A. Framework of economic development
64. The framework of economic development is constituted by those legal
instruments that establish and maintain the institutions upon which commercial
transactions are based. 51/ Israeli occupation has, with increasing speed,
resulted in a state of affairs where the introduction of Israeli norms and the
exercise of far-reaching decision-making powers by the occupying authorities
determines the character of such institutions. For example, questions of land law,
income taxes, the registration of companies, trademarks and patents, and customs
and excise questions are decided by the occupation authorities. Israeli laws on
standards and measures have been introduced. COntracts for commercial transactions
involving Israeli concerns and contracts for financing as a rule submit to the
jurisdiction of Israeli courts.
65. Another characteristic feature of the legal framework for economic activities
in occupied territories is the dual and unequal character of economic policies.
While Arab companies and businessmen are subjected to Israeli law and to specific
restrictions concerning financing, importation and exportation, Israeli business
interests obtain - quite apart from the legal enclave status accorded to the
settlements - privileges and incentives not available to their Arab counterparts,
for example, they enjoy the incentives accorded by Israel for investment and
settlement. While Israel receives very substantial flows of capital through
voluntary contributions or concessiona1 finance from abroad, a considerable part of
which is designated to West Bank settlements, the transfer of Arab funds to
West Bank development has been severely curtailed.
B. Agricultural policies
66. Considerable changes have taken place in the field of agricUltural production,
in particular improvement of production techniques, reduction of agricultural
employment and an increase in volume and variety of production (see A/37/347 and
COrr.I). TO a large extent, these increases are due to the establishment of
Israeli settlements in the occupied territories. Details of change in agriculture
have been sufficiently documented in the reports on the living conditions of the
Palestinian people. The policies that have brought about and which support the
establishment and the operations of settlements are mainly related to the question
of land and water use. These policies have already been discussed.
C. Industrial investment
67. The other reports mentioned discuss in detail the development of West Bank
industry towards subordinate integration into the Israeli economic system. Lack of
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investment opportunities, investment capital and incentives 'characterize industrial
investment by West Bank entrepreneurs, while Israeli concerns enjoy considerable
privileged treatment, both in law and by way of the specific use of the wide
administrative powers held by occupation authorities. The policies bringing about
these developments have to be seen in a context of land, building, tariff and
trade, finance and investment regulations. The United States Department of State's
report on human rights practices for 1982, submitted to the Foreign Relations
Committees of the Senate and the House of Representatives, mentions that Israel
restricts the construction of new factories through a number of regulations.
Detailed information on these regulations would have to be collected by an in-depth
study of Israeli regulations and economic policies.
D. Trade regulation policies
68. The occupied territories continue to witness the consequences of a dramatic
change in the pattern, direction and terms of their trade relations. Whereas prior
to 1967 the West Bank and the Gaza Strip had no trade relations whatsoever with
Israel, the latter has become the main trading partner. Twenty-five per cent of
Israeli exports are sold in the occupied territories. 521 The total value of
exports from the occupied territories to Israel accounted for 64 per cent in 1979
and 72 per cent in 1981. 531 Imports from Israel increased from 88 per cent in
1979 to 90 per cent in 1981. On the other hand, trade with the East Bank of Jordan
has decreased, the value of exports from the occupied territories to the East Bank
amounted to only 26 per cent in 1981. Imports from East Bank Jordan to the
West Bank fell to 1 per cent in 1981, while figures on official import relations
from the East Bank to the Gaza Strip, in Israeli statistics, are not available. It
is difficult to relate these figures to the "open bridge policy" and trade
liberalization policies as alleged by Israel (see A/37/347 and Corr.l).
69. Policies underlying these developments contain restrictions concerning both
importation and exportation. Imports into the West Bank require an import permit
issued by the occupation authorities. Israeli sources 541 state, in concurrence
with Arab sources, 551 that while imports from Israel are encouraged, the Israeli
imports licensing law (Export and Import Ordinance of 1979) applies to imports from
abroad through Israel. According to the Arab source cited - which is not
contradicted in the rebuttal by the Israeli source - the import licensing system is
used to prohibit direct importation of equipment from outside Israel and to force
Arab purchasers to buy through Israeli trading companies. The Arab source cited
reports as illustrative a case where an Arab electricity company applied for
permits to import electrical generators; the authorities attempted to pressure the
company to hook up their lines to the Israeli electric grid. SUbsequent to a
refusal by the Arab electricity company to integrate with the Israeli electricity
system and the Israeli refusal to authorize the importation of new equipment, the
Arab company's generating capacities proved insufficient to satisfy the increasing
needs of new Israeli settlements. This, in turn, was used by the Israeli Ministry
of Energy to terminate the company's concession on the grounds of its failure to
satisfy customers. The Israeli source cited makes no objection against this
presentation of evidence by the Arab source. 561
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70. Given the present economic structure of the occupied territories, the only
meaningful type of export from the occupied territories to Israel consists in
agricultural products. Military Order No. 47 requires authorization for such
exports. Arab commentators claim that permits are only then given when Israeli
agriculture would not be affected by such exports and when the Israeli marketing
agencies agree. The Israeli rebuttal, on the other hand, claims that Military
Order No. 47 is not designed to restrict export, but primarily to facilitate the
statistical control of the quantity of produce entering Israel (see also A/37/347
and Corr.l).
E. Credit and financing policies
71. The availability of SUfficient credit and other forms of financing - equity
investment, loan guarantees - is an essential component of the framework for
economic development. While Israel's balance-of-payments position is strengthened
considerably by exports from the occupied territories to other countries, by
imports from Israel and by transfer of foreign exchange by public and private
sources from abroad to the occupied territories, financing of agricultural,
industrial and infrastructural projects in the occupied territories has been
severely hampered. OCcupation policies have focused on restricting the transfer of
Arab funds from abroad to the occupied territories. FOr "example, under Military
Order No. 973 of 1982, no more than JD 3,000 may be brought into the occupied
territories by one person at a time, higher amounts require prior permits and full
disclosure of sources and uses.
72. In addition to the restrictions limiting the amount of financial assistance
available through transfers by Palestinians working abroad and through Arab
financial subsidies, loan financing through banks is at a minimum. At present,
only authorized Israeli banks operate in the occupied territories. While in 1976
22 per cent of the total bank assets in the occupied territories were in credits,
this percentage dropped in 1980 to 10.5 per cent. Moreover, credit facilities were
mainly based on a special government fund which was recently abolished. Loans from
Israeli banks apparently require approval by the occupation authorities which has
resulted in long delays and few permissions being granted. Arab sources report
that Arab co-operatives have received grants and loans from abroad, Israeli
authorities are said not to have allowed most co-operatives to receive such loans
and grants. The Israeli rebuttal has not contradicted these statements. 57/
F. Fiscal occupation policies
73. The legality of the collection, use and imposition of new taxes by the
occupying force has been a subject of considerable concern to international law on
military occupation. In addition to previously existing taxes, Israeli occupation
authorities have imposed a new value added tax - in the form of an amendment to
Jordanian law - of, at present, 15 per cent to harmonize the fiscal situation of
the occupied territories with that of Israel (Military Order No. 658). In
addition, excise taxes and customs duties have been imposed up to 15 per cent on
several articles produced in the West Bank. Income taxes are collected under
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Israeli supervision1 tax assessment is subject to an appeals procedure with the
military "appeals committee". Taxes on real estate were also amended bY several
military orders (Nos. 28, 84, 120, 238 and 283). In addition to taxes, Israel
collects substantial fees for crossing the bridge to and from Jordan. It is
estimated (in the reports on the living conditions of the Palestinian people) that
Israel collects annually about $US 15 million in the form of such bridge fees.
74. Palestinians working in East Jerusalem or commuting to work in Israel - that
is, the largest part of the active Palestinian labour force - are subject to the
Israeli tax system, which includes health insurance and national insurance.
United Nations experts on mission were informed that in addition a 4 per cent
special tax has recently been imposed to cover the costs of military operations in
Lebanon.
75. No detailed information is available on the volume and the use of the taxes
collected in the occupied territories and from Palestinians working in Israel, nor
is any precise information available on the tax situation of the Israeli
settlements, for example on taxes or fiscal incentives.
VII. CULTURAL RESOURCES AND VALUES
76. It appears that the religious, cultural, national and popular identity of the
Arab inhabitants of the occupied territories continued to be impaired. The
reference to Palestinian loyalty symbols by the Arab community in East Jerusalem,
the West Bank and the Gaza Strip is legally prevented. Many of these issues have
been discussed in recent United Nations reports (A/37/2381 A/37/485).
A. Religion
77. In the religious field, conflicts continued to occur between the Muslim
community and the Palestinians, on the one hand, and Jewish individuals and the
Israeli autborities, on the other, over the property of and rights to Al-Haram
Al-Sharif, containing Muslim sanctuaries, and excavations in and around these
sanctuaries1 the application of Israeli law to Muslim religious affairs in East
Jerusalem and over the use of the Ibrahimi mosque at Hebron.
78. with reference to the Golan Heights, the Syrian Government empbasizes losses
and damages which have affected, since 1967, mosques and religious properties. 58/
B. Education
79. The educational system continues to face serious obstacles. Some of the
instances cited are: 59/
(a) Closure of schools and universities. Particularly, institutions of
higher education were to be found among the 14 establishments closed temporarily
between February 1982 and February 1983: eight secondary schools, one teacher
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training institute and the three universities of Bir Zeit, Bethlehem and AI-Najah
at Nablusl 60/
(b) The occupying authorities continued to arrest students and to inflict
physical punishment on them. In some cases, demonstrating students were shot
fatally. Eleven persons out of 16 Palestinians fatally shot between February 1982
and February 1983 did not exceed the age of 211 61/
(c) School and university teaching activities continue to be controlled by
the occupying authorities. All professors and lecturers at Arab universities who
enter the West Bank with a visitor's permit must sign a formal document to the
effect that they denounce the Palestine Liberation Organization, 62/ otherwise,
they will be expelled from the territory, which has happened to 22 professors1
(d) Restrictions on importing library reference materials continue to be
cited. For instance, Bir Zeit University is not allowed to subscribe to 50 Arab
periodicals even though most of these are reported to be available at Israeli
universities. 63/
C. Books
80. The distribution of a number of books published in Arab countries continues to
be banned. Over half of the 83 titles, reported in a 1983 Jordanian Government
report !!/ to have been banned recently, treated subjects with direct relevance to
the major determinants of Palestinian identity, namely Arab and palestinian
nationalism and Islam and the Muslim world. 65/ An official Israeli blacklist is
reported to comprise some 2,000 books, including some translations fro~ the
Hebrew. 66/ The Israeli Government declares that it disallowed 14 Jordanian and
23 Egyptian textbooks between 1967/68 and 1977/78 and denied the introduction of
648 books into the West Bank and Gaza Strip (see A/37/347 and Corr.l, annex, p. 17).
D. Newspapers
81. There are continued reports about interference of the Israeli authorities with
the editing and publishing of Arab newspapers in the occupied territories.
Particularly, the three East Jerusalem Arab dailies AI-Fa1r, AI-Sha'b and AI-Quds
were, on different occasions and to different degrees, exposed to measures of
censorship and confiscation. Several times their distribution in the West Bank has
been prevented by the Israeli authorities. The English edition of AI-Fajr and the
Arab newspaper At-Tala'i' AI-Magdisiya were also the subject of interventions by
Israeli authorities. This holds true also for a certain number of Arab journalists
and editors.
VIII. INTERNATIONAL CO-OPERATION FOR PALESTINIAN DEVELOPMENT
82. International co-operation has become an important mechanism of support to
Palestinian development. At the Ninth Arab Summit Conference, held at Baghdad in
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1978, the Arab States established a special fund to channel resources to the
development projects in the occupied territories, which is administered by the
joint Jordanian-Palestinian Committee. These funds, designated principally for
assistance to Arab municipalities in the occupied territories are estimated to
amount to some $US 150 million per annum. While no precise figures are available,
it is estimated that these funds are used mainly to finance municipal
infrastructure - roads, schools, hospitals and municipal construction - with some
assistance going to agriculture and industry. It has been estimated that these
funds cover 60 per cent of municipal operating budgets and 100 per cent of their
development budget. Since August 1981, the military authorities have imposed
increasingly severe restrictions on the transfer and use of these funds. The
"village leagues" appointed by the military authorities, on the other hand, are
reported to receive considerable financial support and patronage from the
occupation authorities.
83. eo-operation has also come through the United Nations system. In 1979, an
inter-agency task force, established pursuant to General Assembly
resolution 33/147, identified a number of possible areas for project activities.
Most United Nations organizations have been requested by their legislative bodies
to give special emphasis to supporting palestinian development within their scope
of activities. 67/ As a result, UNlDO, UNICEF, UNRWA, WHO, the lLD, the United
Nations Centre for Human Settlements and others have carried out technical
assistance projectsl however, in the majority of cases implementation has been
outside the occupied territories. UNCTAD, the Economic Commission for Western Asia
(ECWA) and UNlDO have been, or are at present, engaged in surveys of industry in
the occupied territories, on options for economic development in the event of the
establishment of an independent Palestinian State, and on a census of Palestinians
living within and outside the occupied territories. Of particular importance has
been the assistance executed directly by the United Nations Development Programme
(UNDP) in the territories themselves. About $US 3.5 million has been committed up
to now and another $4 million is allocated for the 1982-1986 programming cycle.
UNDP is searching for additional funds to execute a number of projects already
prepared. Agencies such as UNESCO, the lLD, WHO and the United Nations Secretariat
regularly monitor the conditions in the occupied territories within their
jurisdiction, and are submitting periodic reports On the situation.
84. Most organizations, for example the lLD, WHO, UNESCO, the World Intellectual
Property Organization (WlPO) , UNIDO and the Food and Agriculture Organization of
the United Nations (FAO), grant fellowships or organize specialized training
courses for Palestinians. Assistance to infrastructure projects seems to be
another important form of co-operation, for example health and education. A large
part of the co-operation consists of activities carried out outside the occupied
territories, such as the many studies and surveys being done, feasibility studies,
fellowships and training seminars, technical assistance to Palestinian refugee
camps in Jordan, Lebanon and the Syrian Arab Republic, while activities being
undertaken directly in occupied territories are limited and are executed by only a
few international organizations, primarily UNDP and UNRWA, sometimes with
assistance from the lLD, WHO, UNESCO and others. Some studies have been done in
co-operation with West Bank residents. The reason for the limited extent of
assistance directly executed in the occupied territories has been the considerable
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reluctance of Israel to authorize project execution. While a number of
organizations, such as UNIDO, have not been allowed access, it is primarily with
UNDP that special procedures have been developed to obtain the necessary Israeli
consent. UNDP is organizing its projects under the direct supervision of its
Administrator with the agreement of all parties concerned. It places emphasis on
appointing highly qualified and impartial international consultants, obtains prior
approval from the authorities for visits to the occupied territories and exercises
particular caution with respect to funds paid to subcontracted agencies. 68/
85. There are also a number of international non-governmental organizations
engaged in co-operation projects, in particular those based in the United States
which often involve United states Agency for International Development (US/AID)
funding. Up to 1979, an estimated $9 million were spent in this manner. It seems
that under Israeli rules such projects obtain authorization more easily when the
Palestinians act primarily as consumers of services and supplies, as opposed to
projects which involve active participation of West Bank residents as part of the
project.
86. As has become clear from these observations, the consent of Israeli
authorities is of paramount importance for the selection and effective
implementation of co-operation projects. The military authorities play an
important role by granting or withholding consent. A recent UNRWA report &2/ notes
that, apart from the obligation to obtain building permits for school construction,
the authorities have intervened by ordering construction work to stop, by delaying
permits, by detainment of contractors and other measures. While there is no
clear-cut policy on the part of the occupation authorities, it would seem that
certain agencies and certain types of project are more acceptable to Israel than
others.
87. In view of the difficulty in making an overall evaluation of the benefit of
the co-operation discussed for national sovereignty - and no such evaluation has
been made to date - it appears necessary to highlight several principal criteria to
evaluate projects. Furthermore, given that national sovereignty seems strongly
affected by policies that encourage emigration and the giving-up of land, it seems
relevant to emphasize such forms of co-operation as they strengthen the residents'
ability to hold on to the land and to maintain and obtain stable employment
opportunities in the occupied territores.
IX. PROPOSALS FOR FOLLOW-UP AND IMPLEMENTATION
88. In connection with the preparation of the comprehensive report on permanent
sovereignty over national resources in the occupied Palestinian and other Arab
territories, the General Assembly also requested the Secretary-General to make
proposals for follow-up and implementation.
89. It seems evident that this complex question can be fully resolved only with
the settlement of the basic political problem which had led to the occupation of
the territories concerned. The Secretary-General has called for the search and
achievement of a just and lasting settlement of the Middle East problem on numerous
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occasions, in particular in the comprehensive report on the situation in the Middle
East which he submitted to the General Assembly at its thirty-seventh session and
to the security Council (A/37/525-S/l545l). Pending the settlement of the basic
political issues certain interim measures of a practical nature are set forth below.
90. Given the importance of conservation of lands by Palestinians and the
importance of maintaining and creating jobs to reduce the flow of emigrants, land
conservation and job creation should guide United Nations-sponsored technical
co-operation. Technical co-operation could, in the future, give priority to
supporting agricultural production and expansion of industries, such as small-scale
and family-based crafts, and small-scale manufacturing, capable of providing ample
job opportunities in the local economy for the Palestinian labour force. The need
to strengthen financing for Palestinian business could result in an intensification
of efforts to create and support appropriate indigenous financial institutions in
the occupied territories. For example, one could consider, in addition to other
measures, a system of loan guarantees given abroad for development loans granted
within the occupied territories. The United Nations could study the possibility of
facilitating the transfer of funds to the occupied territories through procedures
acceptable to all parties concerned, in particular funds designated to assist
municipalities and job-creating industrial and agricultural projects. Also, the
establishment of a development bank within the occupied territories on the model of
national and regional development banks and development agencies could be
considered. Such a development bank could seek capital from international
financing institutions and from States. External support could be mobilized to
fund such an organization and to guarantee its borrowing. When it comeS to
elaborating studies and surveys, more emphasis could be given to recruiting
consultants residing within the occupied territories. Educational support and
training could focus more on qualifications which are greatly needed in the
occupied territories to discourage emigration of trained and qualified manpower.
91. It is important to devise adequate measures of follow-up and implementation,
in particular to continue monitoring developments affecting permanent sovereignty
over national resources in the occupied territories. Special emphasis should, in
this context, be given to Israeli policies, laws, regulations and administrative
practices in the occupied territories, both with respect to Arab residents and to
Israeli citizens. An object for an in-depth study could be a survey of the natural
resources in the occupied territories, with a focus on the policies relating to
water, but also dealing with the quarrying industry and other natural resources
available. In order to avoid duplication and for the sake of economy, the General
Assembly could consider entrusting this task to existing committees where
appropriate.
92. Furthermore, the General Assembly could consider ways to increase the
opportunities for marketing Palestinian products to assist existing agriculture and
industry. It could also call upon States to increase their financial commitment to
pertinent programmes of United Nations assistance. Lastly, it could call upon
States to strengthen bilateral technical co-operation programmes in the occupied
territories and request the United Nations to encourage such assistance and prepare
suitable projects.
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-No-te-s
1/ In response to a note verbale from the Secretary-General requesting the
co-operation of the Government of Israel in the preparation of the report, the
Government of Israel, in a note verbale of 3 September 1982, referred to its
previous note verbale, of 3 August 1981, reprinted in A/36/648, appendix VII.
11 Of considerable value has been a study published by the Israel National
Section of the International Commission of Jurists, The West Bank and the Rule of
Law (1981), written with assistance from the military authorities, which is
intended to be an explicit rebuttal of the study by R. Shehadeh (assist@d by
J. Kuttabl, International Commission of Jurists, The West Bank and the Rule of Law
(1980). In a report submitted in 1982 to the General Assembly (see A/37/347 and
Corr.l, annex), the Government of Israel emphasized the progress achieved in the
occupied territories subsequent to the occupation in terms of economic, industrial,
infrastructural and agricultural development, in employment matters, supply and
consumption of water, freedom of trading, financing, education, public health,
human rights and the rule of law, however, as that document does not provide
disaggregated information for Israeli settlers on one hand and for Arab residents
on the other in a number of essential issues (economic and agricultural
development, land ownership, water development, population), it can be relied upon
only to a limited extent.
1/ See Yehuda Z. Blum, liThe Missing Reversioner·' , in Israel Law Review
3 (1968), and the conflicting views of Crown Prince Hassan Bin Talal, Palestinian
Self-Determination: A Study of the West Bank and Gaza Strip, London!Melbourne!New
York, 1981, and Henry cattan, Palestine and International Law, 1973. See also
A. Gerson, "The legal status of Israel's presence in the West Bank", Harvard
International Law Journal, 14 (1973), 1, and M. Arsanjani, "United Nations
competence in the West Bank and Gaza Strip", The International and Comparative Law
Quarterly, 31 (1982), 426.
i/ Moshe Drori, "The Israeli settlements in Judea and Samaria: legal
aspects", in Daniel J. Elazar, ed., Judea, Samaria and Gaza: Views on the Present
and the Future, American Enterprise Institute for Public Policy Research,
Washington/London, 1982, p. 54.
5/ Meron Benvenisti, The West Bank and Gaza Strip project, pilot stUdy
report, American Enterprise Institute for Public Policy Research, 1982, p. 41.
if Jonathan Kuttab and Raja Shehadeh, Civilian Administration in the Occupied
West Bank, Ramallah, 1982, p. 20.
1/ Benvenisti, op. cit., p. 42.
~/ Drori, loco cit., p. 67.
2/ Benvenisti, op. cit., pp. 57-67.
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10/ Drori, loco cit., p. 68.
11/ Benvenisti, op. cit., pp. 45 and 47.
12/ United States Department of State reports on Israel's human rights record
in the occupied territories (excerpts from the Department's country reports on
human rights practices for 1982), Focus, vol. 6 (No. 5), 1 March 1983, p. 1.
13/ Kuttab and Shehadeh, op. cit. (1982), p. 8.
14/ Ibid., p. 18.
15/ Ibid., p. 21.
16/ Rainer Buren, Ein palastinensischer Teilstaat?, Baden-Baden 1982, p. 199,
and Jerusalem Post, 1 February 1982, regarding Israel's proposals in the autonomy
negotiations.
17/ See Shehadeh, op.cit. (1980), p. 122.
18/ See Israel National Section of the International Commission of Jurists,
0E' cTt.
19/ Ibid, p. 19
lQ/ Shehadeh, op. cit. (1980).
21/ Practices committed by the occupation authorities affecting the human
rights of the Palestinians have been described in the reports of the Special
Committee to Investigate Israeli Practices Affecting the Human Rights of the
Population of the Occupied Territories and in the 1982 United States Department of
State's Report on Israel's human rights record in the occupied territories.
22/ See Israel National Section of the International Commission of Jurists,
op. cit.
23/ Benvenisti, op. cit., p. 29. For a defence of Israeli practices of land
acquisition, see Israel National Section of the International Commission of
Jurists, op. cit. The Palestinian view on the legality of these actions is
expressed by Shehadeh, op. cit. (1980).
24/ Raja Shehadeh, "The land law of Palestine: an analysis of the definition
of state lands", Journal of Palestine StUdies, vo!. 9, No. 2 (winter 1982), p. 87.
25/ lan Lustick, "Israel and the west Bank after Elon Moreh: the mechanics
of de facto annexation", Middle East Journal, vo!. 35, No. 4 (autumn 1981),
p. 568. Map on p. 569.
l&/ Benvenisti, op. cit., p. 33.
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27/ Office of the Crown Prince, op. cit., pp. 7-10.
28/ Jerusalem Post and Ha'aretz, 10 April 1983.
~/ See P. G. Sadler and B. Abu Kishk, "Options for development", report
prepared for UNCTAD, 1983 (unpublished), pp. 30 and 311 A/36/6481 and Israeli
Settlements in Gaza and the West Bank (including Jerusalem): Their Nature and
Purpose, United Nations, New York, 1982.
30/ Information provided by the Syrian Government, dated 27 May 1983.
31/ See Keesing's Contemporary Archives, vol. XXIX, (January 1983), p. 31914.
32/ See the reports of the Secretary-General on permanent sovereignty over
national resources in the occupied Arab territories (A/36/648) and the living
conditions of the Palestinian people in the occupiued Palestinian territories
(A/37/238).
~/ Benvenisti, op. cit., p. 23.
l!/ J. Schwarz, "Water resources in Judea, Samar ia and the Gaza Strip",
in Daniel J. Elazar ed., Judea, Samaria and Gaza: Views on the Present and the
Future, American Enterprise Institute for Public Policy Research,
Washington/London, 1982, p. 99.
35/ Schwarz, op. cit., p. 99.
36/ Ibid., p. 100.
il/ See note 30.
38/ See A/37/328-S/15277 and Corr.l and General Assembly resolution 37/122.
39/ Statistical Abstract of Israel, 1982, p. 754.
40/ A/37/238, annex I, chap. IV, sect. A, and reports of the Director-General
of the International Labour Organisation.
41/ The Israeli Government report (A/37/347 and Corr.l) states that some Arab
workers have been granted special residence permits.
42/ Benvenisti, op. cit., pp. 7-8.
43/ Ibid., p. 8.
ii/ Official Records of the Security Council, Thirty-fifth Year, Supplement
for OCtober, November and December 1980, document S/14268, para. 208/ A/36/648,
annex, para. 14.
45/ united States Department of State, op. cit., p. 2.
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i§/ A/36/648, annex, para. 31, Keesing's COntemporary Archives, vol. XXIX,
(January 1983), p. 31914.
il/ Brian van Arkadie, Benefits and Burdens: A Report on the west Bank and
Gaza Strip Economies since 1967, New York/Washington, 1977, p. 137.
48/ Statistical Abstract of Israel, 1982, pp. 736 and 737.
49/ See van Arkadie, op.cit., p. 116.
2Q/ See Peter Dodd and Halim Barakat, River without Bridges: A Studv of the
Exodus of the 1967 Palestinian Arab Refugees, Beirut 1969 (The Institute for
Palestine Studies, Monograph Series No. 10).
51/ See T. Walde, "The evolution of international development law", German
Yearbook of International Law, 23 (1980), 59, on the general relationship of legal
instruments to economic development.
52/ Benvenisti, op. cit., p. 14.
53/ Statistical Abstract of Israel, 1982, p. 741.
54/ Israel National Section of the International Commission of Jurists,
op. cit., p. 64.
55/ Shehadeh, op. cit., (1980).
2§/ See Shehadeh, op. cit. (1980), p. 66, and Israel National Section of the
International Commission of Jurists, op. cit., p. 64.
221 Shehadeh, op. cit. (1980), p. 68, Israel National Section of the
International Commission of Jurists, op. cit., p. 64.
58/ See note 30.
59/ Jordanian Ministry of the Occupied Territory, "The living conditions of
the Palestinian people in the occupied Arab areas·, (February 1982 to February
1983), report to the mission of the united Nations Centre for Human Settlements,
Amman, 1983 (in Arabic).
62/
Committee
UNESCO.
~., annex 8.
~., annexes 5-7.
Letter dated 2 December 1982 from Mr. H. Nasir, member of the Executive
of the Palestine Liberation Organization to the Director-General of
Office of the Crown Prince, op. cit., p. 16.
/ ...
A/38/282
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Page 29
64/ Jordanian Ministry of the Occupied Territory, op. cit., annex 10.
65/ Rainer Buren, op. cit.
66/ Office of the Crown Prince, op. cit., p. 16, Newsweek, 5 April 1982.
67/ See the report of the Secretary-General on assistance to the Palestinian
people-CA/37/214 and Add.l).
68/ See UNDP. informal report on project plans for the programme of
assistance to the Palestinian people. December 1982.
~ See Official Records of the General Assembly. Thirty-seventh Session,
Supplement No. 13 CA/37/13). para. 72.
UilITED
l{ATtoNS AE
r@ Gengral Assembly Di str.
GENER,AI,
N 39 /326
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29 itune I98 4
ETiGIISH
ORIGINAL: ARABIC/ET{GII$I
Economlc and Soclal Councll
GENERAL ASSEI|BLY ECONOIiIC AND S@IAL @UI€IL
Itrirtfninth session Second regular aeasion ot 1984
Iten 12 of tbe prelininary li6t* Itern 8 ot the provislonal
REPOFI OF TBE ECONOI.II C AND 69enda**
SCCIAL @UI€II PERI'AIIENT SO\IEREIGNTY OVEN
NATIONAL RESOUrcES IN THE
ECUPIED PAL.ESTINIAN AND
dIIIER AR,AB TENRITORIES
Pernanent 6over€1,9n!y over natlonal resourcea in the
occupied Paleatinian and otber Arab territories
hport of, the Secretary-General
L At its tbilty-eighth se8€ton, tl|e cen.rll Aesenbly adopted resolutlon 38/144
of 19 Decenber 1983, the opetatlve Fart ol slrich reads as follops!
'r the ceneral AseeDbly,
Iakes notg of the report of the Socre tary-General on pernanent
aovereignty ov€r natlonal resourceB in the occupied Prlestinlan and othe! Arab
ter ri toriee lA./ 3S/ 282-E/I9 83/8 11,
n2. @rNnends tie repolt of the Secre tary-Cje neral on tbe itnplicrtions,
under international larv, ot the thiteo tibttons resolutlona on permanent
sovereignty over naturrl reEourcee, ob the occupled Palestinlan and other Arab
territories and on the obligationa of l6r6el concerning it6 conduct in these
terri tories ( ry' 3g/ ?65-E/I963/ 65'1,
, A/39/5O.
r r E/L984n00.
14-16312 l-44?c (E)
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"3. Condenns Israel. for its exploitation of the national resourcea of
the occupied Palestinlan and otber Atab territoriea,
Gnventlon Relative to the Lrotection ot Civilian pelsons in Tine of liar, of
12 August 1949 are appllcable to the occupied Palestinisn and ottler Arab
tef r itor ie s t
terrltories are under Israell occupatlon to full and eifectlve pernanent
sovereignty and control over tbeir natural and all otber resourcea, wealth and
econohic activ itie s t
huhan, natural and all other resources, $ea1th and economic activities irl the
occupied Paleetlnlan and other Arab territories are illegal, and calls upon
Israel to deaiat rrnrnediately fron such meagurest
turther reaffirns tbe right of the Palestinian and otber Arab
peoples subjected to Israeli aggression and occupation to the restitution of,
and full conpensation tor the exploitation, ciepletton and lo6s of and danage
to, tbeir natural, hunan and all other re€ources, lrealth and econonlc
activitiea, and calJ.s upon Israel to &eet tbeir just clainai
"8. Calls upon all States to support the Pale6tlnian and otler Arab
peoples in the exerciae ot their a bove-nentioneal rightBt
Calls upon all States, international organizations, specialized
agencies, business corForations and aII other institution6 not to recognize,
or co.opetate r9itb or assigt in ant nanner in; any neagurea undeftaken by
Israel to exploit tbe natlonal resources of the occupled Palestinian and other
Arab terrltoriea or to effect any changes in the denographic cornpositlon, tbe
cbalacter and forn of use of thelr natural resources or the institutlonal
structure of those terf itor ie s t
"10. B9gg.g.g.!,9 tbe secretary-Gener al to elaboraee on his report
(N38/265-E/L983I8 5 ) in order to cover also, in detail, the resources
exPloited by the Israel.i seltLenents and tbe Israeli-inposed regulations and
policies hanpering the economi.c developnent of tbe occupied I€lestlnlan and
other Arab terri.torieE, including a conpari€on betrreen th€ practices of Israel
and lts obligationB under international law,
'11. Also requests tl|e Secre tary-Ge ner al to subnit tbe detailed leport !o
tbe C€neral Assenbly at it6 tblrty-nintb session, through tbe lbonotnic and
Social Council. "
2. ln inplenentation of that resolution, a team of experts eas engaged Co prepafe
the reFort tequested by tbe General Assenbly. In view of the guidelines laid donn
ln tbe reGolution, it rras considereo essential that a mernber ot tbe tean. should
travel to Israel and th€ occupied terrltorles in order to secure the most accurate,
A/ 39/ 326
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detalleal and uF-to-date intornation on dthe resourcea exploited by tbe Islaell
aettlernents and the Israeli-inpoEed regulation€ and pollcies bamPerinq tbe econonic
developmen t ot tbe occupied Pal-estj.nian and other Arab territoriean. To thls end'
on 2? February l-984, the Under-secre tary-G€ n€ral ' Departnen! of Tecbnical
Co{peration for Development, addressed a letter to the Permanent Representative of
Israel, fhich read aa follons;
"I refer to General Assenbly resolution 38/L44 of 19 Decenb€r 1983, on
penr,anent sovereignty over natlonal resources in the occupied Pale6tinian and
otier Alab lerritories, wbereby the Secre taly-Ge neral $as lequested to
elaborate on his Previ'ous report, and Lo sub'tnit it to tbe tbirty-nintb session
through tbe Economic and social Council.
"In order to assist in the preparation of lhe report, the
Secre tary-Ge ner aI eould be rnost grateful to recelee such infornation on thi9
matter aa the Government ot Israel nigbt have available.
dIn addition, to facilitate lbe preFaration of a repolt' a
tact{inding rnission uill visit the region in March }984 in tbe person of
1,1r. Dante caponera' torrnerly Cbiet, Legislation Branch, Food and Aqriculture
Organization' and a noted autbority on rrater leqislation. Mr. Capone!ars task
will be to collect on-the-spot infornation on tbe issues involved, in
particular on appllcabLe occupation policies, laws and regulations concerning
rrater and land adninistr ation, including adninistrative practices.
nI would be grateful if the Govetnment ot Israel Hou.Id receive the
tnission ano make available to iL such intorn,ation as the C'overnnent might have
and co-operate in the provision of other j.nto[nation as night be needed by tbe
nlssion. "
3. on 4 uay 1984, tbe Permanent Represenlative of IsraeL senE the fol1owing rePly!
"r have the bonour to reter to your letter of 2? !tsbruary 1984 concerning
General Assenbly resolution 38/144 on 'perrnanent sovereignty over national
resourcesr in the territories adninistered by lsrael, and wish Lo indicate lhe
t ollowin9 :
I'In ny notes verbales of 3 Auqust 1981 and 3 Septent'er 1982 addressed to
tl|e S€creta ry-Genera L of the lhlted l,lations (see A/36/648' annex,
appendix vII, and A/3?/600' para. 4). I outl.ined Israelrs Position uit}| reqard
to the resolutions pertaining to tbe sane subject. As already inoicated on
tbose occasions' my Government could not associate itselt tritt, the actions
cal,led tor by those resolulions, since they were characterized by blatant
political hostilj.ty tonards Israelr and by a distorted and lnberenlly biased
attitude to my country' thus ignoring tbe rnany productive activities and
acbievemenls concerning nalional lesources in the adninistered terri'tories'
"General Assembly resolulion 38/L44, referreo to in your .Ietter'
constitutes the terns of reference for the actions to be unoertaken by ttle
Secrelariat on the above subject. It sbould be recalleo thaL tbis resolution,
u 39/326
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like ttlose adopted in tbe paat ubder the sane agenda iten, has taken a biased
and hostile approach torards Israel and ita activities in the adninistered territories. Such appro€ch, having preceded the etsit to the territories by
Unlted liations e*perta, nas not onty total.Iy unfounded t it tnust unavoj.dably call into question their nisElon rhen the concluBions are evioentlv
predetermined,
nlsraeL i6 an open and free country. It pernits journaLists, tourists
and others to viait not only Israel but the adninigtered territories as h'ell.
In fact, when a Fogltiee approacb is adoFted and applied by United Nation6
agencies, Israel enables the[ to gatber the neceaaary infornatlon they are
interested in.
nllowever, for tbe reasons set out in tbig letter, you will no doubit readily ubderstand uhy ny covernnent cannot accep C any activity based on
General Assenb.l,y resolutlon 3Sn4 4. I
4. In viei{ of the position tahen by tbe covernment of larael, tbe expert was not
able to visit rsrael and the occupled terlitortea. Horeeve!, be visiced the strian
Arab Republic and Jorqan. He held diacuaaionE uitb the competent authorities of
those countrres as nelr aE oftlciala of t||e pareatine Liberation organization in
Danascus and A$nan concerning matters relevant to tbe reaolution. Another menber ot the teato visited tbe beadguartere of r,arlous ulited hations agencies to obtain
adottional lntorrnation on tbis Eubject. By a letcer dateal 8 June l9a4 aodressed to
the Secreta ry-Ciener a I, the Pernanent Representltiee ot l6rael transnitted tor
circulation to the ceneral As8€nbly and the Econonic and Social Council
"a report entitled .Judea-Sanaria and the Gasa District - A sirteenl'ear surveyr,
constituting a shortened version of tbe report prepareo by the c,oeer nment of rsraer pellaintng to the econonic and social developnents in those areas between the yearE
196? anal 1983n. lbe letter l.itb annexed leport $as circulated in docunent
A/39/29 5-E/L984 /L2 4. It was available to tbe tean ot expert8 in the latter stages of tb ei.r rrork.
5. ilb e reFort of the experts is reFroduced in the annex to the Freaent report.
A/ 19 /326
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Annex
REPORT OF TITE TEAT4 OF EXPERTS
I. INTRODTJCI'ION
I. lbe question of perrnanent sovereignty over national resources in the occuFied
Palestinran and other Arab tertilorj.es has been a subjecl of concern to the General
Assenbly since its tr.ren ty-seventh session, when it adoPted resolution 3005 (xxvlI)
ot 15 Decenbe x Ig't 2. The question was dealt lrith in t$o rePolts subnitteo by the
Secre tary-Ge ner aI to tbe Asseftbly at its tbirty-second and tbirLy-sixth sessrons
(A/32/204 arla A/36/648r. F\rrther, in response to Assenbly resolutions 36/n3 ot
1? Decer,ber 1981 ano 37 /L35 of 17 Decernber 1982, two repcrts, nbich focused on
1e9al natters, r.re!e submitted to the General Assembly at its thirty-€ightb
session! in one report (A/ 38/282-E/I983/ 14, , specitic Israeli occupation
policies - Iaws. requtations' nititary orders, adrniniscrative practices - and lheir
impact on the national resources ot the Palestinian and other Arab terricories nere
analysed, wbile Lhe other report (A/ 38/265-E/I98 3/8 5 ) contained a discussion of
principles of internatlonal lae, particularly the laet ot belligerent occupaLion,
and legal principles of pernanent sovereignly over natural resources ano their
applicabitity to tbe occupied territories and tbe obligations of Istael tbereunder.
2. In order to prepare the report requested by tbe C*neral Assernbly in it6
resofution 38/144. the tean considered i! essential lhat it should undertake an
on-site inguiry in the occupied territories so as to gather all available
information relevant to tbe guestion ot pelnanent sovereignty over national
resources in tbose lerritories ano to discuss the various aspects of this gueslion
wilh the parties directly concerned, including officials of tbe Governrnenl of
Israel. Unfortunately, efforts to gain access to Israel and lhe occupied
territories were unsuccessf uI.
3. Fron 29 February to 1.4 Marcb 1984' a nenber of the tean visited the syrian
Arab Republic and Jordan, wbere he beld dj.acussions rrith the competenL autborities
of tbose countries, as eell as witb official.s of the Pal'estrne Liberation
organization (PIO) in Danascus ano Afidnan. In tbe Syrian Arab Republic, he a]so
held dr.scussions ryith tbe provincial authorities ot Quneitra, and in Jordan be was
able to obtain naterial subrnitted to an lnternacional synposiun on "Israel and the
Arab vaCers" tbat uas beld at Ya rmouk University at t!,e tine ot his visit. On
15 !4ay 1984, the pernanent liepresentative of, Jordan to lhe tinited llations conveyed
to the Secretariat a Iist ot Israeli nilitary orders relatinq to tbe use of water
resources in tle lrest Bank. His letter and lts enclosure are reproduced in the
apFendix to tbe present report.
4. Infornation was obtained by another nember of the tearn in the course of visits
he underLook in April/4ay 1984 to the headguarters of the International Inbour
Organisation, the United Nationa Industrial Developnent organization, the united
l€tions Relief and 9tork6 lgency for Palestine lietugees in tbe llear East' the United
Nations conference on Trade and Developnent and tbe centre for Hunan Rights' tbe
tearn also revier.red the infornation contained in reportS Of various tnited llalions
A/ 39 / 326
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organs and specialized agenciea. material isaued by cover nents and the pIO,
pubrications of specialized research organizations and other publ.ications deal.ing
nith the situation in the occupied territories.
5. the information thus obtained enabled the team to exanihe in some detail the
Israeli Folrcies rel,ating to tbe exploitation ot lhe water resources o! the
occupied terrilories. However, regarciing other agpects, such as land. econony, and
social, cultural and poli.tical inBtitutions in tbe occupied territories, the tean
was unable to obtain iniornation that r|ould add substantially to what has already
been reported to the General Assenbly. Such additional data as tbe team was able
to obtain on tbose subjects parallelled closely the infornation collected by
another group oi experts which relied on the sane sources. Their report
(M39/233-E/L984/7 9, annex), nhich deals in detail tditb the inpact of the Israeli
settlenents on land. econony, social. and religious life and local governnent in the
occupied Palestinian territories, was subnitted to Lhe honomic and Social eruncj.l
at its first regular session of l-984 and is to be subnitted to the ceneral Assenbly
at its thirty-nintb session, in pursuance ot Assembly resoJ.ution 38/166 of
19 Decenber 1983, enticled I'Living conditions of the palestinian people in the
occupied Paleslinian territorie6n. In these circunstances, tbe report which
follows is linited to tbe subject of Israeli policies and practices relating to the
exploitation of the water resources of the occupied territories. Ihe team was not
able to prepare the comparative study referred to in Faragrap,h I0 of ceneral
Assenbly resoluLion 38/144. Such a stuoy eould require a full compilation of tbe
nost acculate and up-lo-date lnfolnation concerning tbe practices of Israel
relatj.ng to the questrona at lsaue, h'hich would need to be secured by neans ot a
thorough investigalion on the spot. As indicated earlier, this essential condition
could no t. be net.
II. IiATER POLICIES IN THE OCCUP IED TERRITOFIES
6. ltater is a vital natural resource tor the inhabitants of th€ occupied areas,
as rrell as for Israel. 11 ilh e econohic value of land in this region is directly
dependent on the availaEifity ot water supplies. !bis has acquired particular
importance in Israe1 and, more recently, in lhe tiest Bank, since the conunercial
conpetitiveness of agricultural production in these areas is determined mainl-y by
modern netbods of irrigation nbicb nake e:rtensive use of water, while dependence on
natural rainfall pernita only linited agricultural production.
7. Almost all rr'ater resources in the area, both surtace and underground, are
shared by tlro or more States. the Jordan basin is €hared by the Syrian Arab
Republic (tro of the nain headwaters, the BaniyaB and the Hasbani rJ-vers, are
located in t}|e occupied colan Heiqbts), t-ebanon (in hrhich the bn, another
headwater tributary, is located), Jordan (wbich contributes tbe yarmuk, an
lmportant tributary) and Israel. International underground water aguiters are also
present ln the region. Tbe western part of the Fest Bank is tbe site of most of
Lhe beadwatels of the aquifers that flow fron the tiest Bank towards Israel, ubere
ttley feed springs and well-s.
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8. A.I I countries recognize tbat the f,egion is closel-y interconnected as far ag
water resources are concerned. !/ In fact, any interterence by on€ country in the
surface or groundwater fl-ow has reFercussiona on tbe activitie€ ot otber countries
sharinq the same basin. Ibe effects of any activities in connection vrit-b water
resources are particularly telt in downstrean territories which depend on upstrean
water supplies. In these shared surface o! groundwater basj.ns, .foroan, Che
occupied ltesl Bank and Islael are at tbe same time upstream and downstrean,
depending on the location of the basins.
9. The avail.able $ater resources in Israel have been afunost fully utilized as a
result of popul-ation growth and related increases in water consuftption. Fossit']e
k,ater developrnent projects bave been studied and a centralized manaqement systen of
water resources has been established in Israel, on the basis of a 1959 tater lan.
Israeli h'ater and land policies and practices, both nithin Israel and in tbe
occupied territories, suggest Lhat the control of waLe! resources constituees a
malor concern.
I0. Since tbe water potential of tbe area beth'een the ltediterlanean Sea and the
Jordan River bas been al-nost fully utilized and tbe need for lrater tor donestic agricultural- and industrial uses is steadily grovring, any substantial imFroveme'nt
in lhe situation has to be sougbt bt rnaking new sources avai]-able and by dev€loPinq
tecbnigues for reclaifting otherwise unusable sources, sucb as cloud-seeding,
desalinization, recharging of aquifers, setrage reclanation and modification ot
irrigation practices fron sprinkler to drip irrigation. Anothe! rer,edy rrould be
the diversion of water flon agriculture to donestic consunplion. liowever,
accord ing !o the Israeli l{ater Cotnmissioner, to 'rdivert nater fron productiob to
dornestic consumption in an amount that is eguivalen! to one tbird of the water
consurned by agriculture today will entail econonic and social regression, as well
as injury to the policy of population dispersion". 3/
11. Israeli water policies have been inplemented in tbe occupied territories by
utilizing available legislation, whetber custonary, Ottonan, Mandate, Jordanian,
Eqyptian, Israeli or rnilitary. By neans ot nilitary orders and requlations, the
Israeli Governrnent, since June 1967, has been exercisinq complete legislative,
adninistrative and judicial authority over the occupied territori.es and their
inhabitants. Often, legal enactments applied to the occupied territories and tbej.r
enforcement bave been at variance vitb tbe legal tranenork lhat existed prior
to 1967. The existing institutions have also been moditied or replaced in order !o
facilitate the application of the water policies.
L2. Xhe analysis beton is based on a review of the laws and institutions as they
existed in the Palestinian and otler Arab occupied territories prior to 1967.
It is knoun, however, that up to 1984, the Israeli authorities have issued about
1,200 military ordersi sone of these have purported to nodify tbe legal slatus guo
in matlers ot water resource nanagenent. For a thorough appraisal of the extent to
rrhich the a bove-rnentioned military orders have changed the lega1 statu6 quo as
regards water resource n'anagement and adminislration, it wou]-d be essential to
undertake a conprehensive anaLysis, not onl,y of the military orders that f,'ere
accessible for review but also of others. This has not been possible because tbe
full- text of the relevant rnilitary orders, including thoae issued up to 1984' r'ere
not available.
A/ 39/326
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13. Analysed below are several aectors in which tbe Israeli regulations and
plactices have brought about rnodifications in Lhe legal and instltutional frarnewo!k
relating to rater resourcea that existed prior to 196? in the palestinian and other
Arab occupied ter r i tor ie s.
III. PRIrcIPLES OF $ATER OTiNERSEIP
14. Ihe legal status of reater o$nersbip under the legislation of Islael extended
to lhe occupied territories is suttstantially different flom its comparable status
undet the do[estic Iaw - whether custotnary or uritten - that used to apply in the
occupied territories. Iibereas, under the latter legisl.ation and subject to certain
gualifications, landoflners could clain private onnership ot or eguivalent vested
rights in tte lraters on or under their land, this is not perrnissible under the
Israeli nater l-egislation, accoroing to ehicb all waters, botb surface and
underground, are public propertt. To the extent that tbe Israeli principles of
absolute state property lrave been extended Co the water resources in tbe occupied
territories wiLhout exception, an appreciable cbange has been introduced in tbe
lega1 g!g!gE_g!g tbal existed prior to lbe occupation in respect of the ownersbip
of water in the occupied territories. lbis has taken place in the Golan Heights by
means of tbe full introduction of Iaraeli legislation in tbat territory, and in the
I,iest Bank by roeans of !4ilitary Order No. 291 of 1968 r'hich suspended tbe operation
oi Jordanian Iarv l.lo. 40 of 1952 on the settlenent ol disputes of law and water
rigbts. In view of the fact tbat Litl-e to nater is, under lsraeli legislation'
severed from titLe to land, tbe extension of such legislation to the occupied
territorj.es also has brought about an appreciable cbange in the legal character and
econornic and socia.L value of land oxnersbip, for water i.s, in arid regions, a
highly prized resource.
IV. SYSTEM OF'VIATER ALItrATION AND CONTROL
15. Israeli legislation on t-tre allocation and control of water resources is at
consj.derabLe variance wiCh the leglslation, wheth€r lrritten or custonary ' that used
!o prevail in the Palestinian and other Arab occupied territories. Tbe differences
are in both the kind and degree of restrictions tbat can be entorced with respect
to lhe abstraction and use of rrater. Israeli legialation has introduced a very
ext€nsive syatem of central governmental control, h,hereby bott| surface and
underground nater can be abstracted and used only under a governmental permit and
strictly for the indicated purposes in the area concelned and within tbe limits of,
the allocation envisaged. Metering of groundwatef abstracted from wells and of
surtace r.rater is also extensively practiaed and sLrictly enforced,
15. Iiowever, a special r&lime ha6 been established in favour of "planned
settlenentsr', wheleby these supplements are entitled to a waler allocation for
irrigation purposes as collective users, as opposed to the individual allocations
nade with respect to all other usera. wblle tbe lnternal distributlon of water is
left to the discretion of the settlenent corporation, it is worth noting tbat if a
settlement do€s not use its annual guota, lt may receive its entire rrater
allocation in the folLoning year. ly ceneral].y, in the ca6e of individual Arab
N3e/326
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users, this procedure of collective lrater allocation is not tollolred. The legal
systen fo! r,vater allocation that used to be in torce in the Golan Heights ano in
lhe liest Bank is characterized by tar nore fl,exibility and a qreaLer proteclion of
the interests of the reater usef vis-a-vis tbe governmental requlaloly authority.
Ilf,r instance, under Jordanian water leqislation and adninistratlve practice'
whenever the uaLer fron a well could no longer satisfy the uses for wbich a
riater-use pernit had been granted, or a well went dry, a new drilling Permit was
automatically issued for another well to replace the old one. llttis is no longer
perrnissible under Israeli legisLation, as evidenced by the nany refusals to allow
A.rabs to drill nel, rre115.
L'7. As far as the Gaza Strip ls concerned, tbe two legal' systens are even furtber
apart, for in Gaza no governnen l-adninistered water permit systen r'ra s in torce, and
the rigbt to take water was governed by custornar! Iarr. this recognj'zed the
proprietary water-use rights of the landorner and the rights of all those wbo
needed it to! the basic necessities of life (right of thirst' 9L€, and right lo
irriqate, chirb). In adoition, private arrangements could be treely entered into
tor the purchase ano exercise ot rtater-use rights.
18, The restrictive Israeli legislation relating to water resource allocation bas
been enforced in tbe occupied territories by means of uil:'tary order lilf,. 92
of 196?, concerning "bwers tor water concerns", anal Militdry order l'[o. 158 ot
1957, amending the Jordanian Lar,, on liater supervision of 1953 as regalds tbe ltest
Banki thus, tbe proprietary rights as regards water that had been validly acquired
unoer the pre-occupation legal r69lne bave since been exposed to curlailment to the
full extent pernltted by Islaeli law on the subject.
19. Restrictive policies on the allocatlon of vrater have been cited by Arab
sources as preventing Arabs from drilling new irriiation wells, particularfy in tbe
Joroan Valley, ehile 25 wells in the sane area lrere dug, at dePths ranging between
200 and 750 nelres. to suFply settlenents. 5/ The same sources indicate tbat
Israel exploits 40 to 50 Fer cent of tb€ liest Bank r{atels annually by rneans of the
teslerard inclination of the t'lest Bankrs PaLer basin. in aodilion to tbe guantities
consurned by Israeli settlernents established in the wesl Bank by neans of punping
wells owned by Israeti seltlenents or by the Israeli. Mekorot National'
$ater cornpany. 6/ Discrininator' Practices against Arab residents in favour of
Israeli setllenents in lhe allocation ot water are also reported. 7/
20. on the otber hand, no ner rights Lo use water may be acquired in the fashion
known to and custonarily tollowed b' the Arab populations. For instance' Military
order l,lo, 291 of 1968 suspended the procedures provided for in Jordanian Law !to. 40
of 1952 r.hich regulated the adjudi,cation and seltletnent ot dispuees over land and
water rigbts and under which tbe rigbt to use rdater coulo be recognized, granted or
adludicated. Likewise, through Military orders l'los. 450 and 451 of 197I, all of
tbe porters of tbe Jordanian Director of Lands and Surveys - wbicb included the
righb to gran! licences for the use ot naters - have been transferred to an Israeli
,'person responsible',. In the Gaza Strlp and tbe Golan Heights the custonar' r j.gbts
fornerly enjoyed by the local inhabitants for the unrestlicted di99j.n9 of wells and
abstraction of ground lrater have been equally subject to reslrictions to tbe fulL
extent pernitted by Israeli legislation.
A/39/ 326
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Page 10
2L- the rsraeli niLitary autborities seen Lo have applied, in genelarr provisions
of .tordanj.an erater legislation tending to rirnit the drawing or use oi water by lhe
Arab potr;ulations. Hoeever, it local legislation does not provide for restrictions,
such as in Gaza and in the colan Heights, the relevant IsraeJi provisions on
water-use restrictions or otber practices bave been applied, either on tbe basis ot
nilitary orders or other legal enactnents, or by neans of adnj.nistrative
decisions- 8/ the regar assertion of Arab-held ri.ghts arso has been aff,ected by the change imposed by the occupation autborities in tte administrative nacbinery
used to register, and tbua safeguard, acguired watet rights.
22. tnder tbe legislation exisLihg prior to 196?, local records of eater rights as
regards the Golan Heights, rrere k€pt by the nobafez (i.e., the prefect) of Ouneitra
(Syrian Alab l€public), by.fordanrs Director of l^ands and, since 1966, by tbe
Jordanian NaturaL Resources Authority (NRA) in the case of tbe liest Bank, and by
the relevant vi11a9e or city councils or custonary water adninistrations if|
tbe Gaza Strip. witl| Israeli Mj.litar! Orders Nos. 92 ot L967, 158 of 1967,
291 of 1968, 389 of 1970, 450 and 451 ot 1971 and 45? of L972, rhese recording
functions have been taken over by the rsraeli authorities. IrJhereas tbe rsraeli
regislation on tbe alrocalion and control of rrater resources is nore restrictive
than comparable legislation and practices in effect before 196? in the occupied
lerritories, in one particular lespect tbe reverse holds true, tbat is, eitb regard
to the lransfer of hrater fron one basin to another and tron one alea lo another
within t}|e sane basin.
23. Jordanian rrater legislation in force in the ltest Bank prior to Israeli
occupatLon specificarly prohibited tbe transfer of water from one drainage basin or
aguifer to another. 9/ E\ren nithin the sane basin, water could not be lransterred
fron one area to another h'ithout an autborizalion frorn the JordaDian council of
Minislers. fgl Since the water resource nanagenenl practices ot Israel ignore
adninistrative, politicar and hydrological boundaries, the rsraeli authorities are
in a position to transfer h'ater fron one basin or aquifer to anotherr botb within
the ltest Bank and fron the liest Bank to otber areas. Ibus, the rraters of the
Jordan basin are diverted into tbe Israel.i national water carrier and distributed
to other basins up to the l€gev desert region. !y The diversion of a substantial
aubunt of the Paters of the Jordan Rive! has increased the salinity of what remains
ot the river f1ofiing inlo Jordan and the Hest Bank, sbarpty reducing the possibiLities of using tbese rraters for donestic and irrigation us€s. The waters
abstracted fron the ground-flater aquifer of the liest Bank are likeFise conveyed
inco the same national raier carrier. these walers are sometimes transferred fron
the National. llaLer carrier back to other basins Located in ctre Golan Iteights and
the lfest Bank. Y/ :Ihis nethod of reater sharing", !g/ pernitted under Israeli
legislation, suspends the basin-of {ri9in protection ctauses found in the
legislation in torce in the lieat Bank prior to occupation. It can affect
estabrished rights as regards water and relevant u6e patterns in the vtest Bank. rlo the extent tbat nwater sbaringi re6ul,ts in net water losses to the occupied
territories, it raises the issue of the transfer of waters fron an occupied
territort ineo the occupyin,o poeerrs own territory. 14/
A/ 39 / 326
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Page ll
ADI{INISTRAT ION OF IiATER RESOURCES
24. the Israeli systen of Fater resource adninistration appears to be quite
different fron the systerD of eater resource adninistratlon that used to be in
effec! in the occuFied territor'iea. Ibe baaic difference is one of aFproach, tbe
Government of IsraeI having vested strictl,y centralized water nanagenent
responsibilitiee in a water Cornmissioner and responsibility for the supply of water
in a !€tional haeer Autbority. l{hereas a degree of centralization ot governmental
responsibilit ies for pater resource managenen! was not alien !o the occupied
territories prior to occupation, sone functions in the mana-qenent ot irrigation
eater used to rest witb the local governments, and certainly tbe bulk ot
responsibility for tbe provision of donrestic and municipal water supplies used to
rest witb the Municipal council of the city of Gaza, the nuniciPalities of the liest
Bank and t}|e nohafez of the city of Quneitra in the C-lan Heights. As a
conseguence of various miLitary ordels and practices, the extension to the
terrilories oi the Israeli syeten ot $ater resource nanagenent in general, and for
the provision of public nater supplies fo! domestic and municipal uses in
particular, 15/ has reduced consioerably the powers and re sPonsibil i ties of the
loca1 governnenls in the occupied terribories, ]q/ including' in particular' the
autbority !o levy and collect nater rates and cbarqes. The present integration of
the basic vater services in the occupied terrltories r.ritb those of Israel is about
to lead to the conplete dependence ot tbe forner servj.ces on tbose ot Israel and
$ill eventually nrake the separation ot the tvro very costly and difflcult,
25. hbile in the occupied territories the new wate! adnlnistration systern has
resulted in centtalization and absence of local participatlon' the Israelj' system
of eater resource adninistration. hoh'ever, contains features providing for the
decentr alization of r esponsibil i ties to tbe regional, Iocal and usersr levelst
indeedr public participation in Folicy fornulation; planning. nanagemenC and
conservation is a basic tenet of Israeli water Iegislation. 17/ Ibr this PurPose'
varlous bodies have been created in Israel in which Public participatlon is
provided for, suctJ as, arnong others, tbe giater Board (and its regional,
agricultural and wacer supply conmittees) , tbe Eoard fo! Drainaqe Affairs, tbe
Planning coNDittee, tbe Fund for Mjustment of hate! Charges, the Regional fiater
Althorities and the Tribunal for liater Aftairs.
26. since it appears that tbe benefit of public participation, at least in cbe
decentralized nater manaqenent bodies, is not extended to Jocal Arab Fopulations -
even in those cases in rebich their legitinate water rights are or night be
affected - or rbere the yrater resources under consideration are localed in tl,e
occupied territories, Arab water consuners or users have no say in the forrnulation
of policies or in the decisions taken or advice given by the responsible bodies.
In the extension of Israeli nater adninistraLion to tbe occuPied territorles' an
element of discrinination to tbe detriment of Arab inbabitants ia tberefole
difficult to deny.
VI. DECLANATIOTT OF SPECIAL ZONES OR AREAS
27. On tbe basis of Israeli ]egislation, a }arge nunber ot rrspecial zonea or
areas" nay be declared, auch as "protection strips", I8/ "ratj.oning areas", 19/
A/ 39/326
E/L984 /rrI
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Page L2
"drainage dr.stricts'r, 20/ arld nflood and soil erosion protected ateas,,i in
addition, "security filitary areas" may also be inrl,osed in the occupied
territories. l,tost of tbese areas are so declaled after consul,tation 1l,ith relevant
boards in h'hich public participation is ensured. prior to the Israel-i occupation,
tbe powers of the Governmenl to declare protected or restricted zones or areas vrere
exercised only exceptionally. The extensive network of ]-ega]. polrers conferreo by
Israeli legislation on the waLer administratj.on service tor establishing special.
zones or areas nakes it possible for the adninistration to intervene to a great
e*tent in water allocation and use patterns. As a result, tbe Israeli. water
authorities nay restriet or prohibit individual activities connected ej.th the
utilizalion, distribution ano conservation ot lrater nithin tbe occuFied terriLories.
28. As an example, in accordance witb Military Order lb. 10f5. 4/ the @rmander
of tbe Israeli forces in the nest Bank, t'in order to preserve the nater resources
and the agricuLtural. productionrr has prohibited tbe planting ot fruil trees without
a permit fron the nilitary governnent. Trees already planted nust be registered
within 90 days and a pernit nust be obtained for each of them. Covernnent
inspeclors have the poeer to rnake searches anq to uprool unlicenceo trees at the
expense of tbe oh'ners. A subsequenL order 22/ co'li.aina similar restrictive
provisions regarding vegetables. In ott,er instances, it has been reporled tbat the
existing rules of a custonary and legal nature refati.ng to lhe irrigation water
entitlenents of individual or collective holders of water rigbts and to tbe
establisbment of the protected areas around vrells (!grm) , canals and rivers and
otber waler works in Gaza have been ignored ano leplaced by Israeli criteria and
principles through military orders or decisions of tbe Israeli water authorities.
29. the inplementation ot these extensive legal powers in the occupied territories
has brought about a substantive rnodification of legitirnate uses of nater under the
legislation of Gaza, the Golan Heights and the liest Bank. lbe lack of
particj,pation of the Arab users j.n lbe bodies lesponsible for advising on such
neasures i.s a feature alien to botb Israeli and Freviously applicable Arab
1e9i.sl-ation.
VII. PROTECTION OF hATER RIGIITS
30. Israeli water legislati,on contains detail.ed provision tor appeals against
decisions on the recognition of existing rights, the proclanation of "!ationing
areas", increases in rdater rates, the issuance or nodification of vrater permits and
licences' the pronulgation of water-use norns and nany otber acinrlnistr at ive
deterninations of the rdater nanagernent aulhoritj.es. In addition, lhe payment ot
conpensation is provided tor in suctl cases as the loss or reduction in realer
availability or output as a result of, inter alia, the issuance of water-use norns
or of erater rationing orders. Israeli liLerature emphasizes th€ speciat care taken
by lawrnaker s to protect the rights of the individual and to ensure fair
compensation in tbe case of ju6tified claims as regards eater guestions. !]-/
liowever, tbe appeals lor revier ot these decisions are heard by the Israeli
autho!ities alone, xithout any Arab participation in the review and decision-naking
process. Ihe water autborities geek the views of various "Boards" in which lhere
is, contraly to internal Israeli practice, no Arab parlicipation. L4,/
A/ 39 / 326
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31. Tbe procedures tor apFealing adnini.strative decisions of the Israeli
rrater-controll ing autho!ities could not be fully ascertained by the tearn. It seens
that the tirst recourse is to lbe nifitary objection or aPpeals connittees' [hese
committees, created by Military Order No. l'12 oE 1967' have been made resFonsible
for hearing appeals on nalters witbin thei! jurisdiction, including water
guestions. they are each conposed of three nilitary officers, at least one ot wbon
has legal gualifications. 4)parentl'y ' they can only rnake recorunendations to the
Area Corunander wbo is not bound to accept tben. Pursuant to uililary Order
!{o. 1062 of 1982, these cornnittees bave nohr been n€de responsible for adjudicating
Land cases whicb, until 1982, were dealt with by Arab courts. It is not clear if
tbe Arab populations rnay seek recourse against che decisions of the ftilitary
objection or appeals conmittees in tbe Israeli llater Tribunal or in other courts,
or ryhat t})e prevailing procedures are witb regard to appeal's aqainst decisions in
nater nalter s.
VIII. FINAI'ICIAL POLICIES FOR I'IATER RESOURCE MANAGED'IENT
32. Under the rule of tbe Israeli legislation, criteria for the assessrnent and
collection of water rates and ctlarges and governmental- policies on the
reirnbursenent by the beneficiaries of the costs of water develoPment Frojects and
on tbe provision ot subsidies and incentives to water users to Plomote wacer
developrnenL activities ditfer fron cornparable policies and pracci'ces under the
originll dornegtic legislatj.on of the occuPieo territories. Since Israeli policies
and plactices are enforced in tbe occupied territories and local Arab interests are
not adequately represented in the public bodies responsible for relevant
policy-making, financial hardshiP and discrirnination nay result for tbe affected
Arab raaLer users and consurners. 25/
IX. IIT1PACT OF hATER OCCIJPATION POLICIES
33. Given the controversial context of Israeli water policies in tbe occupied
territories, it is noc surprisinq tbat there are differing assessments of tbe
inpact of such Folicies on eater distribution and on econonic, agriiullural' social
and hunan developnent. In general, while official Israeli sources 26/ seress ttle
beneficial inpact - the introduction of rnodern wate! nanagernent tecbniques,
saterworks and protection against salinization - Arab sources etnphasize tbe
discriminatory nature of rsraeti l^'ater poricies geared towards denying Palestinians
opportunities fo! nodern irrigation agriculture by favouring Israeli settlenents
tbat nake extensive use of waler and by protectlng the underground f lolJ of
leest Bank waLers to Israeli-tapPed aquifels.
34. on the basis of p!eeious !ePorts of tbe Secr e tary-G€ neral (A/ 38/282-WI983/ 84,
paras. 44-49 and lhe recent feport entitled "Living conditions of the Palestinian
Peoplen (?y' 39/ 233-F/L'B 4/7 g, paras. 5r-54) ), Arab sources ?/ ana rsraelj
sources' 23-/ the folloning factual picture of rvater supPly and water consu['peion
enelqes: -tlb ile Israel consurnes about I,?00 mil].i.on cubrc netres per year (MC!'t) |
the Arab population in the hest Bank consumes about IOO MCM (86 MCl,l for irrlgation
and 14 MCtl for domestic use) fron a suppty available, in plinciFle, of 800-850 l4C!4
(600 MCu underground, 50 Mcl4 surface and 200 MCl4 from the Jordan). Israeli
a 39/326
E/L984 /IrJEng
lish
Pag e 1.4
seLtlements in the $est Bank (excluding East Jerusalen) conaune about 26 t{cM,
n'ostly f,or water-intensive trrigation in agriculturaf projects in cbe Jordan vauey.
35. A considerabre portion of rslaeLi rsater suppries cones firstly frorn Jorcian
waler diverted to Israel, e€timated to be over 400 MCtt{ on avelage U arra,
secondly, fron precipitation falling in the Vtest Bank and tlowing in a westerly
d j.rection into Israel (estifi,ated at over 2OO !4CU). An inciependent Israel r.
expert 39/ reports that there are about 460 UCM of tshared water resources,, (i.e.,
uater originatlng in or tloeing througtt the nest Bank which could be tapped by
Itest Bank eelrs), of h'bich liest Bank paleEtinlans use about 25 per cent (100 ltcM ) and Israel the retnaining 75 per cent. In s separate study, Iaraelrs water
connissioner, ueir Ben Meir, is quoted 6s having ackno$ledged that .one tbird of
the water reaching Israel ... originates in the lrest Bankr'. 3y
36. fsEaeli policy-nakera perceive a gevere uater sbortage, aince the regionrs
waler supply threatens to fall sbort of denand and aince over?unping tends to
threalen existing h'ater sourcest therefore, they take the posltlon that:
"E{ploitation of water resources tnust end in .tudea and sanaria and decrease in
the Gaza Strip. Accord ing to present forecaEts ot dernograpbic and economic
developnent, tbere rrill be a pater deticit by the end ot tbe century of
200-400 MC!4 per year in theae two ateas." 2?/
37- Given the nest Bankrs huge surplus of uater supply (80O-B5O Ucttt ) over liest
Bank Alab use (about 100 !{C}r ) and even iiest Bank Arab and settler use (about
125 MCI'I) , tbe cited policy declaration is based on an integrateo vie$ of bottl
rsrael' and the occupied terrltories. ltorn the perception ot an impending waEer
shortage, t}le neasures taken to restrict water u6e by t{est Bank palestinians are logical: as the Israeli covernment reports, €/ *e consunption of water as ot 197'1 was deternined tbrough netering an<i naler use was helal at that level. to
wbich r0 per cen! h'as added to offs€t error6, Driuing of nehr welrs ras prohlbited
for Arab farrners (apart trom tro wells) and the Israeli eate! autbority Mekorot nas permitteq Lo driU at least 30 new nells. As a necessary result of these neasures,
the ful'l supply of water for the very eater-intensive agricultural settlenents and
tbe unlnpeded f]'on of protecled. underground nater to the rsraeli-tapped aqulfers is furly An Israeli conroentator lLl noted tbat tbese policies deny tbe
Parestinians tbe pogsibillty of developing conpetitive water-intensive farning
techniques to put irrigable rand to tuLr uge and exFoses then to tbe vagaries of
natural r ainf all.
38. fhe rsraelt Gov6s66ng, while not denying these facts, asserts tbat tbrougti a
systern of water sharing by rneane of purnping in the years frorn l97g to 19go (no
information is given for ottrer years) , a net balance of about 2 l.tcl,! nas received t'y
the vlest Bank. Arso, ttle nodernization and expan6ion of hraternorks for domestic
use and the soxnetines dranatic increase of water consunption by seven nuniciparities is mentioned. Ibwever, the official rsraeli report does not provide
a breakdown of these f i.gures into water use by rsraeri settlers and by palestinian
inhabitants.35l
il3e/326
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Page 15
39. In the C'aza Strip, vater use i6 about 110 MCM in contrast witlr a $ater suPply
of about 50 l{C!4, reft-ecti.ng considerable over-exp}oltation lritb grave conseguences
tor existing riells. An Israeli expert (6ee V38/282-E/L983I84, para. 48) has
estlmated that the use by Israeli settlements of about 30 to 60 I{CIt'l contributes to
this over -exploitation. the official Israeli statement reporls restrictive
policies to reduce $ater abstraction and efforta made to inprove tbe water supply
situation, resulting in a saving of over 20 l,lc!4. 35/ llowever, the official Israeli
statement does not nention or ofter intornation on the distrrbution ot available
water betlreen tbe Arab inbabltants and IsraeLl seLtlernents.
x. colrLUsIoNs
40. Israeli policies and practices differ tundamentally frorr tho6e in effect in
lhe occupied terrieories before 1957. As a conaequence, and to the extent that
these policies and practicea have been enforced in the occupieo territories, the
legal ano lnstilutlonal framework obtalning at the time ot occupation tlas undergone
a basic revision. Tbe changes ot roajor consequence that se€m to have been eftected
relate to the i olloYing:
(a) Ihe tr'ater rights helo by lhe rrater usersi
(b) the pattern ot admintsLrative water managenent responsibilitie s and $ater
allocatlon, partlcularly with reapect to tbe provision of sater suPPly and sewerage
services to torrns and villagest
(c) ltte fact that the systen ot rater ianagenent operates not by
vol-untary co-operatLon and r'lth the participation of the Arab inbabitants concerned
but by declsion of tbe Iaraeli authorities.
41, lhe situation in Israe1 alitfers fron tl)e situation in Lhe occupied
territories. In Israel proper, the prevailing nodern and centralized syqter0 is
balanced by nandatory particiPation. In addition, given the apparent Israeli
objeclive of preventing increases in the use ot water in tbe tiest Bank in order to
protect the flon of water fror0 the fiest Bank t'o the Israeli aguifers and given the
Israeli poJ.icy to support fulLy tbe aater need6 ot settl-ernents, it is ditticult to
gee how the rrater nanagenent systen that has been establ.isbed can oPerate nithout
discr inination.
42. To tbe extent tbat tbe basic public water services in the occupied terriLories
have been inten oven uitbr- and nade dependent on, Israeli public water services,
the tolner eventually nay f inal it difticult to manage independently such esaential
services as $ater distribution for ddlestic, nunicipal, agricultural and industrial
uaes. It nay thus become in practice difficult and very costly to separate the
rrater adninisuationa ot tl|e occupled territories from tbose ot Israel.
. l{otes
vl.teronBenven18ti,@(haghirqton,D.c',Afilerican
Enterprise Inatitute tor hlblic bLicy Researcb, 1984), p. 14.
M 3e/326
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llotes (conLinued)
U State of Israel, Ministry ot Detense, Juoea -Sarna ria_and the Gaza
District: A SixteerFt'ear Survev (1967-1983), l.lovember 1983 (hereinafler referred
to as qlllee:lgqq'a r i a and the Gaza Diatrict), p. 14. ln this docunent it is stated
tbat "As far as eaLer is concerned, Juoea-Sarnaria is inseparable from tbe territory
of Israel eithj.n its pre-1967 lines. Tbe area betneen the ,Jordan River and the
I'tediterranean Sea shares several aquifers ertending on either side of tbe central
va!erstred n,
y Declaration of tbe Israeli Hater Connissi.oner, as reported in EejsrSJ3, 5 June 197 8.
!/ vj.rshubsky, i9later law in Israel., i.n "tiater laws in gelected Eulopean
countries", FAO I€gislative Study lto. l0 ( Rorne, 19?5), p, I08. The nethod of water
alLocation, instead of tleating every settLer as a separate consuner as is nornally
cione in the case ot Arab users, has also been a cauae ot complaint fron Che
rnosbavih (individual farm settlenents) which have cLained to bave been
discriminated against in favou! ot tbe kibutsin (collective settlenents) in the
allocation of water.
y Shari,kat Uahmoud, "Asrj.culture and waterg in the West Bank under Israeli
occupaLion" (Anrnan, lttinistry of Occupied IErritory Af,fairs, lbvenber 19S3), p. I.
y lbid., p. 2.
U See Turkaya Ataor, r'lbe Israeli use ot palestinian waters", palestinian
Rigbts and DeniaI (ftil$ette, Illinois, Medina press, I982), p. 153.
y In the Gaza Strip, for example. very fer' drillirq pernits have been
issued to the Arab populations. An argument stated by Israeli autborities
regarding the.l-inited allocation of drilling pernits is that the only available
nater lies in the deep water aguiter and, therefore, the cost involved in punping
from the aquifer is said to be too exorbitant for an inoividual locaf farner.
Holrever, 1ocal farrnersr co{peratives bave sinilarly been probibited tro[, punping.
although the cost of deep driUing k,as to be tinanced by ttle cult States and
Jordan. (See David f€han, r'Agriculture and waeer in the kest Bank and caza",
Irest Bank Data Base project, ,ferusalem, 1983r p. Llf. )
!/ Iar, I.lo. 5l of 1959, art. 6c,
]g/ I€w No. 12 of 1968, art. J.7.
!)/ the national water carrie! is one of tbe technical toundacions on whicb
the Israeli systen ot waLer management is based. Conpleted in 1964, this
integlated systen takes the water fron wherever it is available (Jordan River
basj.n, underground aquiters), uses I€ke Tiberias (Kinneret) as a surtace
fresb-water regulation !eservoir and the rnajor fresh-rJater aquif€rs as underground
reservoirs, and transports and oistributeg these waters througb pipellnes whenever
needed, up !o tbe Negev desert.
A/ 39 / 326
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EngIlsh
Page 17
lbtes (continued)
I?./ ,fudea-Sanaria and tbe caza District, p. 15t Thqnas Stauffer, ,'Ihe spoils
ot lrarrr (paper presented at the yarnouk International Symposiun on Israeli and Arab
liaters, Annan, 25-25 February 1984), p. 43, and John Cooley, n1he war over waterr',
Ebreiqn Folicy, No. 54 (1984), pp. 3-27,
!3r/ Judea-Samaria and the Gaza Dj.stlict, p. 15.
14l Ibid.. p. 14. Ihis statenenL reForts that, fron 1978 to 1980, water
sharing resulted in a net balance in favou! of the terlitories anounting to about
2.2 million cubic netreB. fiere is no further intornation on the water balance in
previous or subsequent years ano i! bas not been possible eittler to corroborate or
question this cl.airn througb other sources.
L5_/ Iteportedly, (Itre Israeli authoritj.es have conn€cted the
the l,gest Bank and caza to the water netr.rorks of Israel" (&19., p.
!S/ According to Israeli sources, in I9?8 tbe Government oi
major centres ot
IJ'.
Iarael amended
tbe existing Jordanian legisLation on local governments ',tor tbe purpose ot giving
a necessary statusn to tbe villages. In plactice, as lar as water management is
concerned, nany municipalities and village councils bave lost control- over the
right to allocate ana distribute rdater supplles, these functions baving been taken
over alnost everlwhere by the IsraeJ.i water authority !4ekorot. Tbe tnunicipal and
village councilrs r esponsibili ties have been contined, and not in all cases, to the
operatj.on and maintenance of the systens. (!bid., p. 59.)
n/ Or a Tamlr , I€gaI
adftinistrative aspects of
Conference on Global nater
Mviser to tbe liater CorDnissloner, Israel, "I€ga1 and
tbe water laes in Israeln, in 'Proceedings ot the
Law Systerns", Doc. 1,1. (Valencia, 1975) , p. 33.
]V Water Iav of 1959, sects. 14-15.
!21 Drainage and Flood Control Lalr, sects. l_0-22.
291 rbtLd., sects. U-35 and 53.
2Ll Military Order No. 1015 of 8 August 1982, regarding rnonitoring the
planting of fruit trees.
32/ l4i,LiLax, Order No. 1039 of 5 January 1983.
2y Saoul A1oni, I€gal .Adviser to Ltre ltater Conmissionerr Israel, ,'Moder n
flater legislation and developnents, in "nater tor peacer', Doc. p,/55 (196?).
egl A1 Hamishnar, and gerusalem Irr€t, 13 September 1983 (palestinian prea6
Services, 8 Septernber 1983).
U/ Ihere bave been reports in the press that Arab populations have
conplained againat the assessnent of too-bigh water rates (Lj1ig, 19 ilune 1983),
u 3e/326
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!g!gE (continued)
or tbe cutting of the fater aupply by ltekotot for non?aynent of nater ratesr as in
the case of sone Druze villages in the Golan lteight8 (Palestinian Press Services,
24 lray 198 3) .
e-6,/ .tudea-samaria and the caza District, pP. 14-18.
4_/ uabmoud, op. cit., P. 20.
39l Meron Benvenisti, The west Bank and Gaza, Data Base Proiecl (washlngton'
D.C., Anerican Erterprise Institute for Public blicy Researcb, 1982) , p. 23.
22/ stauffer, op. cit., p. 90,
3y Benvenisti, op. cit.' 1984, P. 14.
!y uiodle East lristitute, The l{est Bank: An Assessment, January 1984, p. 84.
22/ .f. schwartz' nwater re€ourceE in Judea, sanaria and the Gaza strtp"' in
Daniel Elazar ed., Judea. satnaria and Gaza: views on the Present and Fu-ture
(tiashington. D,C., Anerican Enterpri6e rnstitute for Public Policy Fesearcb, 1982) ,
p. 99.
L3,/ Jgdea-Sanarla and tbe Gaza District, p. I4.
ly B€nvenisti' op. cit., 1984, p". 14.
35,/ .fudea-sanatia and tbe Gaza Dlstrict, p, 14 ff.
3!/ Ibid., p. I8.
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AFpendix
LETTER DATED 15 UAY 1984 FRO TIIE PERI'ANENT REPRESENTATIVE OF
.'ORDAN ADDRES SED TO TTE UNDER-SECNTTARY-GENER,AL, DIP.ARTT.IENT
OF TECHNICAL CO-OPEMTION FOR DE|T/ELOP!,IENT
IOrigj.nal: Eng 1i sb I
rn reference to your letter dated 2? tbbruary l9g4 and pursuing discussions
rdhich took place beteeen representatives of the Departnent ot Technical
co-operation for Deverophenl and ,tordanian representatives in t€w york and in
r,nman, please find enclosed herewith a rist of the mllitary orders which rsraer,
the occupying poirer, rssued in the peri.od betvreen 196?-1992 to contror the usaqe oi
$aCer resources by the Arab population in tbe nest Bank.
Analysed objectively, tlese orders yield tno facts:
(a) ltr ey are in contravention of
to nilitary occupationt
(b) Ibey ain to strangulate Arab
other occup j.ed Arab territories.
the principles ot international law relevant
farners' activltles in the nesl Bank ano the
rhe lacter objeclive contributes to rsraerra plana to destroy attachnent and Ilnk betrdeen the Arab population and their Lands in the occupiect territories. Such a situation irourd be favourabre to rsraelia poricies of forcible transfers of population and confiscation of land in the6e territories.
r am sure that you will rnake use ot this letter and its enclosure in preparrng
tbe report reguested in cenerar Assenbty resolution gg/L44 of 19 Decernber 19g3.
(E:gned) AbduLlah SALAH
^/
39 / 326
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Enclosure
IOrigina].: Arabicl
occupied Arab ter r itor ies
Rrlsuant to the policy adopted by tben, the military orders issued by the
occupation authorities are in tbe torm of anendroenls to .lordanian laws that rtere i'n
force in the tuest Bank betore 1967. Tbe objective is !o consolidale tbeir control
over nater soulceS in Order tO ger! e tbeir Settlenent projects. A$ong these orderg
are the folloning:
(a) l,lilitary Order No. 29I of 1969' concerninq land and water surveys. the
order suspended work on l-and ano r{atel surveysi
(b) uilitary order No' 457 ot L972, concerning the reguration ot natural
resources. rtris order is an a&endnent to ran !'lo. 37 of 1966 (p8!as. (a) and (b) of
art. 19) . T$e amendrnent gave the Uilitaly ConlDander-ln-Ch ief ot tbe liest Bank the
polfer to appraise land and water and to assess any danages arlsing out of any act
on the part of the occupation authorj.lies. this is to say that the occupation
autborities or their repregentativeg woUld assess danages arisinq out of actions in
the context of water use carried out by those sane auttJolitiesi
(c) lililitary order No. 1039 of 1982. Tbe order stipulates that anyone who
cultivates crops nust subnj,t particulars thereof (such as Lbe area of the planted
land in dunums, tbe varieties involved, tbe number of plants and tbe date of tbeir
planting) and of tbe et(istence of any water rdell for irrigating such plants and of
the guantity of nater extracted during 1982. The Connission on Hunan Rigtlts
declared, in a report published in the nevspaper EQgSg on 18 Decenbe! 1983, that
this was an onerous order and entailed great expense. Arab farners and those nho
rrish to cuftivate a plartation or a vegecable plot would encounter difficulties in
tilling tleir land and, with the passage of tirne, tbe uncultivaeed land would
becone state land and easy tor the occupation authorities lo coniiscate tor
purposes of seCtlement and expansion,
(d) A nilitary order cobcernlng water ltas j.ssued in 1982. It stiFulaled tbat
anyone who consuned, on an annual. bagis, between lt and 25 per cent nore water than
pernitted would be tined 30 agorot per cubmit nietre and, for arnounts in exces6 of
100 per cent, between 6 and 10 shekels pe! cubic netre' trhe occupation authorities
have installed neters on the farners' wells in order to fix the atllount of rrater to
wbich Patestinian farmers are required to adhere in the irrigation of tbeir land.
lttre nrilitary orders legul"ating the use of water by the tarners of the occupied
territories are accornpanied by otber orders issued by the occupation autborities
with a viere to consolidating their control of agricultural 1and. Alnong these
orders is Military order lio. l0l5 of 1982, concerning the superviaion of fruit-tree
cultivation. Ihis order gave the fsraeli l.tilitary Governor the power to grant or
vitbhold pernits to Pafe6tinian inbabitants trishing to gron a tree' even in lhe
gardens of their ohrn houses. lbis makeg it necessary for thern to obtain a perrnit
N39/326
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from tbc Isracll ltlllt.ry Overnor, to tr.y r leey to! it and to allor a perlodlc
lbaPection to bG crrricil out ln osalot to €nauaa that no treoa rre grorn ln thclr
g.ralens ln an 'illegal' niannc!, tbat is to lay ln contrreention of the clearance
glven by the l,lilitaly @vcrnor.
Any pcraon eho cootaav.nc! thc ln.tructlons unde! th16 oraler ie liable to
lnprr,eonnent to! a pcriod of up to onc laar, togethrr rlth the uproting of the
trees platttcd ln vlolati,oD of tDc tcrDd lpproved by the Isrreli Milltary @eernor
ln gt.ntlng tbe pcrDit.
UNITED
NATIONS AE
,ffiNl General Assembly
vritx?i/v W Economic and Social Gouncil
Distr.
GENERAL
A/40/38L
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17 June 1985
ORIGINAL: ENGLISIt
GENERAL ASSEITIBLY ECONOMIC AND SOCIAL COUNCIL
Fortieth session Second regular session of 1985
Item 12 of the prelininary list* Item 6 of the provisional
REPORT OF THE ECONOIIIC AND SOCIAL COUNCIL agenda**
PERII4ANENT SOVEREIGNTY OVER
NATIONAT RESOURCES IN THE
OCCUP]ED PALESTINIAN AND OTHER
ARAB TERRITORIES
Report of the Secretary-General prepared in pursuance of
General Assembly decision 39/442
l. By its decision 39/442 of 18 December 1984, the General Assembly requested the
Secretary-General to subnit to it at its fortieth session, through the Econonic and
Social Council, a comparative study on Israeli practices in the occupied
Palestinian and other Arab territories and its obligations under international law,
resuested in General Assembly resolution 38/144 of 19 December L983. By
resolution 38/L44, the General Assenbly had reguested the Secretary-General to
elaborate on his report on the implications, under international law, of the United
Nations resolutions on permanent sovereignty over natural resources in the occupied
Palestinian and other Arab territories and on the obligations of Israel concerning
its conduct in those territories (A,/38/265-E/L983/85). The Secretary-General was
reguested, in particular, to elaborate on his report with a view to covering in
detail the resources exploited by the Israeli settlements and the Israeli-imposed
regulations and policies hampering the economic development of the occupied
Palestinian and other Arab territories, including a comparison between the
practices of Israel and ils obligations under international law.
2. The study prepared in implementation of the foregoing requests of the General
Assembly is annexed to the present report.
* A/40/5OlRev. l.
** E/r985/L00.
85-17838 1529i (E)
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ANNEX
Studv elaboratinq on the report of the Secretary-General on the
implications, under international law, of the United Nations
resolutions on permanent sovereiqnty over natural resources in
the occupied Palestinian and other Arab territori.es and on the
obliqations of Israel concerninq its conduct in these territories
I. INTRODUCTION
1. The General Assembly, in its resolution 38/144 of L9 December 1983, conmended
the report of the Secretary-General on the implications, under internat.ional la!t'
of the United Nations resolutions on permanent sovereignty over natural resources,
on the occupied Palestinian and other Arab territories and on the obligations of
lsrael concerning its conduct in those territories (A/38/265-E/I983/85\
(hereinaftef referred to as the study by the legal expert). In the same
resolution, the Assembly reouested the Secretary-General to elaborate on that
report in order to cover in detail the resources exploited by the Israeli
settlements and the Israeli-imposed regulations and policies hampering the economic
development of the occupied Palestinian and other Arab territories, including a
comparison between the practices of Israel and its obligations under international
1aw. The Secretary-General was resuested to submit the report to the General
Assembly at its thirty-ninth session, through the Economic and Social Council. In
pursuance of that request, the Secretary-General submitted his report
(A/39/326-E/L984/LL1) (hereinafter referred to as the water resources report) ' to
which \^ras annexed a report prepared by a team of experts. The main focus of the
r{,ater resources report was the exploitation of water resources by Israel in the
occupied Palestinian and other Arab territories and a consideration of the
regulations and policies adopted by Israel pursuant thereto.
2. On 18 December 1984, the General Assernbly adopted decision 39/442, in whicb it
requested the Secretary-General to submit to the Assenbly at its fortieth session,
through the Economic and Social Council, a comparative study on the Israeli
practices (regarding exploitation of natural resources) in the occupied Palestinian
and other Arab territories and its obliqations under international law.
3. The present study, which has been prepared pursuant to the requests contained
in paragraph l0 of General Assembly resolution 38/144 and decision 39/442 is, as
requested by the Assembly, an elaboration on the study by the 1egal expert referred
to in paragraph 1 above and a comparative study of Israeli practices and
obligations. The present study does not restate in detail the international legal
rules and norms examined in the study by the legal expert. The '1e9al expert in his
study (A/38/265-E/L983/85, annex, para. 52) reached the following conclusions:
"The right of peoples and nations to permanent sovereignty over their
natural resources has been accepted as a principle of international law
although its exact content and the relation to other principles of
international law have yet to be futly developed and defined. The
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principle of permanent sovereignty has been specifically applied by the
General Assembly to the occupied Palestinian and other Arab territories, and
Security Council resolutions have also dealt, with protect.ion of property
rights in those territories. Iuoreover, both the General Assembly and the
Security Council have recognized the applicability of the law of belligerent
occupation to the occupied territories. The law of belligerent occupation gives some protection to t,he principle of permanent sovereignty while the principle of permanent sovereignty enhances and reinforces the law of
belligerent occupation. The law of belligerent occupat.ion should be interpreted and applied to protect to the greatest extent possible the
principle of permanent sovereignty.',
4. $lith respect to the implications of the United Nations resolutions on
permanent sovereignty over natural resources as they apply to the occupied
Palestinian and other Arab t.erritories and the obligations of Israel therein, the
legal expert in his study (A/38/265-E/L983/85, annex, para. 51) stated the
following:
"... the following are some of the implications of United Nations resolutions
on Permanent sovereignty over natural resources in the occupied palestinian
and other Arab territories and on the obligations of Israel concerning its
conduct. in those territories which might be considered:
(a) The primary right of peopres and nations to permanent sovereignty
over their naturar resources is a right freely to use, control and
dispose of such resources. The full exercise of this right can only take
place with the restoration of control over the occupied territories to
the states and peopres concerned. such restorat,ion is the first
implicat,ion of the resolutions on permanent sovereignty over natural
resourcesi
(b) A second implication derived directly on the prirnary right would be
that in any interim pending full implementation of the foregoing, control
over the landr water and other natural resources should be restored to
the local population. This would include allowing muniiipalities and other local Palestinian and Arab authorities to control the natural
resources for which they have had responsibility prior to the occupation;
(c) A third implication would be that the occupying power is under an
obligation not to interfere with the exercise of permanent sovereignty by
the local population;
(d) A fourth implication of the United Nations resolutions on permanent
sovereignty over nat,ural resources would be the strengthening of the
protection of the natural resources of the occupied territories afforded
by the law of belligerent occupation. In any evenL such resources could
not be used by the occupying Power beyond tbe limits imposed by the Hague
Regulations and the Fourth Geneva Convention. Land and other resources
rnay not be taken for settlenents or permanently acquired for any
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purposes. Privately owned land and other resources may, if at all, only
be requisitioned for the needs of the army of occupation and tbey nust be
paid for. Public land cannot be used beyond usufruct and the proceeds
must then be used only in connection with the occupation. $thile there is
a practice of working existing mines, if any, the text of article 55 of
the Hague Regulations requires the occupying Power to rsafeguard the
capitalr of properties subject to usufruct. The principle of permanent,
sovereignty would imply that no depletion of natural resources should be
permitted and would emphasize the provision in article 55 on safeguarding
the capital. A further requirement of the Hague Regulations is that,
property of municipalities should be treated as private property. The
land held for t,he benefit of municipalities and similar local groups,
even if registered in the name of the State or central authorities,
should be protected as private. The principle of permanent sovereignty
of peoples over their natural resources suggests the strengthening of
this provision as well as the other limitations placed by the law of
belligerent occupat,ion on an @cupantrs use of natural resourcesl
(e) A fifth implication of permanent sovereignty would be to reinforce a
right under international law to reparation for any loss or damage to
natural resources suffered as a result of violations of the rules of
belligerent occupation. n
5. As it was not possible to send a fact-finding mission to the occupied
Palestinian and other Arab territories to collect information on natural resources
exploited by Israel in those territories or on Israeli-imposed regulations and
policies relating thereto, reliance for the preparation of the present study was
necessarily placed on information contained in United Nations reports and other
readily available sources.
6. The present study is divided into two main sections. The first section deals
with land resources and the second with water resources. Each section first
endeavours to ascertain the natural resources exploited and the policies adopted in
pursuance thereof, and then briefly reviews, in the }ight of the international
legal rules and norms examined by the legal expert in the annex to document
A/38/265-E/1983/85, the international legal obtigations of rsrael relating to the
exploit,ation of those resources in the occupied Palestinian and other Arab
territories. Each section then proceeds with a comparison of the practices and
obligations of Israel.
II. NATURAL RESOURCES IN OCCUPIED PAI,ESTINIAN AND OTHER ARAB
TERRITORIES EXPLOITED BY ISRAEL
A. Land resources
7. The exploitation of land resources viewed in
belligerent occupation considered in the study by
seizure, confiscation and expropriation of land,
the context, of the law of
the legal expert encompasses
whether public or private, from
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the Arab population of the occupied territories. It also includes the
establishment of settlements in the occupied territories for the nationals of the
Occupying Power. Hence in this study the establishment of Israeli settlements in
the occupied Palestinian and other Arab territories, whether or not such
establishment had the prior approval of the Government of Israel, is treated as
exploitation by Israel of the land resources of these occupied territories.
8. In a comprehensive report on permanent sovereignty over national resources in
the occupied Palestinian and other Arab territories (A/38/282-B/L984/84, annex,
para. 36), which was prepared by a consultant in 1983, the former Deputy Mayor of
Jerusalem, Mr. Meron Benvenisti, is cited as listing the following legislative
policies which illustrate Israeli practices in regard to land in the occupied
Palestinian and other Arab territories:
" (a) rAbsenteer property. Land and other property owned by citizens of the
West Bank who left the area in 1967. The land is adninist,ered by the
Custodian of Abandoned Property who has leased large areas to Israeli
agricultural settlements in the Jordan Valley;
(b) rEegistered state domaint. Areas registered in the name of the Treasury
of the Government of Jordan or in Lhe name of the King of Jordan. The Status
of the l'lilit.ary Government in t,hese areas i.s that of a temporary adninistrator
for the duration of the military occupat,ion. Honever, the l4ilitary Government
treats these lands as Israeli State domain and leases it to Israeli settlers,
including for rbuild-your-own-homer schemes, that is for long-term leases
(49 years, renewable);
(c) Lands reguisitioned for military purposes. Privately owned land which is
seized by the tvtilitary Government under an order proclaiming that the area is
needed for rvital and immediate military reguirementsr. The land remains
under private ownership while the t{ilitary Government offers a rental payment
for the ruse'of the land. llany settlements are reported to have been built
on these lands;
(d) Lands closed for military purposes. Areas closed by the Mititary
Government for use as training grounds, firing ranges, etc. In some cases,
the military allow cult.ivation when the area is not used by it. rClosedl
lands tend to become rreguisitionedr lands, for example the Kiryat Arba land
acguisition;
(e) rJewish landsr. Lands owned by Jews prior to 1948 and administered by
the Jordanian custodian of enemy propertyi
(f) Lands purchased by Jewish bodies. While until 1979 only public Jewish
companies received permission from the lvlilitary Government to purchase land in
the West, Bank and most of these lands were acguired by an affiliate of the
Jewish National Fund, since 1979 private Israeli citizens have also been
allowed to purchase land in the West Bank;
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13. The report prepared for UNCTAD (TD/B/870) provides more detailed information
regarding the policies referred to in paragraph 7 above concerning the manner in
which Israel acquires land in the occupied territories. The following excerpts
illustrate the procedures followed:
'169. The methods used to acguire land in the occupied territories vary, but in
t.he West Bank, for example, resort is usually had to a provision in Jordanian
Law which has been handed down from the Ottoman period, that is, that, certain
village land, or I$i land, can only be claimed if it is cultivated. This
l4iri land covered about 70 per cent of t,he trlest Bank, and whenever it lay
fallow, or rdas grazed, the Government. had the right to dispose of it as it
wished. By use of t.his law, much land has now been taken over.
"70. At the same time as utilizing the exist.ing Jordanian law, Israel also
took actions to provide it,s own means of appropriation. One of the first was
the promulgation of military order 58 on Absentee ProperLy. This order
defines an absentee as anyone who has left the West, Bank ron, before, or
afterr 7 June L967. The control of such land is vested in a rCustodianr who,
in law, is charged with the safeguarding of the rights of the true owner unt,il
his return. Tttis power has, however, been used in a number of ways to
Israelrs benefit, in that it is often difficult to prove ownership of land in
cases where the owner has inherited rights over generations but nothing has
been comnitted to ltriting. In normal circumstances recourse can often be had
to witnesses, but in the present circumstances of scattered populations this
is often not possible, and more importantly, proof of ownership is usually
actively obstructed by the Custodian. Order 58, in fact, gives the Custodian
wide powers which have been used with the discretion of absolute ownership,
and where ownership by a returning absentee has been proved of land already
disposed of, subseguent compensation has been extremely small. Ttre large
exodus from the land during the 1961 war, much of it intended to be only
temporary, coupled with subsequent population movements, has given the
Custodian effective control over a large guantity of land, and that control is
undoubtedl.y being exercised within a wider set of policies designed for the
benefit of Israel. c,/ Added to this, a good proportion fled from the land to
other countries during the wars, and of those wbo wish to return, most are
prevented from doing so by current Israeli policies.
"71. Not only is the Custodian responsible for land owned by absentees, be
must also approve transfer of such land by pernit when a sale is arranged, and
this is often refused. For exanple, an absent,ee, notwithst,anding proof of
ownership, is unable to sell his land.
"'72. As well as powers of control mentioned above, actual appropriation of
land has also been facilitated by military orders which amend existing
legislation. In the West, Bank, Jordanian Law forbids appropriation lrithout
fair compensation, and the owner affected has the right to appeal to t,he rCourt of First Instancer. By a succession of military orders, t,he rights of
olrners were rest.ricted in ways which facilitated expropriation. The need to
' publish an intention of expropriation was removed (order 3211. The appeal to
Civil Courts was replaced by appeal to an Objection Committee (order L72j.
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The settlement, of land disputes by a special court, after which title was registered in the Land Registry, was abolished (order 2gLl. At the time of
the occupation only about one third of the area of the lrlest Bank had been registered, and in those cases where proof of title became subsecuently
necessary, evidence such as wit.nessesr testimony, receipts etc., were difficult to present in post-war conditions. Further, the proof of ownership rests upon the owner in cases where expropriation is decided upon, and if he fails to support his claim of ownership to his land, then it is regarded as State land, which Israel claims to have inherited as legitimate successor to
the previous Governments of Jordan and Egypt. The land can then be appropriated without paymenf. d/ At the same time, a system of curfews
. forbidding entry on land between dusk and somet.imes as late as 9 a.m., or restrictions on population movement, make the ti11in9 of much of the land
which remains difficult or impossible.
tl
"75. It must be stressed that the expropriation is carried out through the military authorities, to whom power has been transferred in the manner previously outlined, so that those wishing to acguire land, e.9. for
settlement purposes, are able to proceed without going through normal non-military channels. since the normal safeguards have been removed by transfer of the appeal procedure fron the Civil Court of First rnstance to the
Objection Committee' composed of military personnel, this means that all
avenues of recourse open to an aggrieved land owner lie exclusively within the control of the nilitary forces of occupation; and as the military Area
Conmander has power of eviction and imprisonment of anyone who refuses Lo vacate land within a time specified in an order of expropriation, many acts land of seizure have been undertaken ouietly by the rnilitary authorities when in
normal circumstances such seizure would have been resisted. The decisions of the objection Committee are not published, and no body of precedents is being built up. Iuoreover, there is no appeal against its decisions. Thus, the
manner in which it operates makes it a guick and effective instrument of rsraeli policy rather than an instrument of justice. For instance, a common
neans of acquiring land by the Israeli authorities is to declare that in their
opinion a certain piece of land is public land, and to inform t.he local
Mu\htar (village elder) of their intention to expropriate it. This put,s the
onus of proof of ownership on the Arab owner, who has to prove it before the
Obiection Committee. Unless the land (if on the gtest Bank) has been subject
to dispute imnediately prior to the occupation, it will not have been registered under Jordanian law, and even though in other legal systens proof
by receipts for tax payments or by sworn testimony of witnesses is acceptable,
such evidence is reported to be usually inadequate for the Objection
Committee, and much expropriation has been undertaken in spite of appeals to
the Conmittee based on such evidence."
14. In a study by t'he forner Deputy Mayor of Jerusalen, Mr. t'leron Benvenisti, it
is stated that:
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resources by an occupying State is a crime under the law of belligerent
occupation and woul-d give rise to international criminal responsibility.
Illegal use or taking of property or depletion of resources contrary to the
Hague Regulations and the Fourth Geneva Convention, even if not amounting to
the crime of spoliaLion, gives rise to State responsibility and its
conseguences. tl
The legal expert concluded therefore in his study that "a breach of the obligations
of an.occupying State with respect to natural resources in the occupied territories
consequent.ly involves a duty to make reparations".
18. To the extent that the information provided above regarding expropriation of
land from the Arab residents of the occupied territories and the settlement of
Israeli nationals therein is accurate, it would engage the international legal
obligations of Israel as the occupying Power in those territories. The principles
and norns of international law referred to in the study by the legal expert would
seem to reguire that Israel as the Occupying Power should not hinder t.he exercise
of the right of the local population of the occupied Palestinian and ot,her Arab
territories to freely use, control and dispose of their land resources (see
A/38/265-E/L983/85, annex, para. 5I). Israel is also prohibited fron taking any
lands in these occupied territories for use in establishing settlements for its own
nat.ionals. Any regulations and directives issued by Israel to give effect to its
land acquisition policies in the occupied territories which disregard the
recognized rules and norms of the law of belligerent occupation and the law of
permanent sovereignty over natural resources would not be in conformity with
Israelrs international legal obligations.
B. $later resources
19. The geographic characteristics of much of the Middle East region make water a
valuable resource. Land is basically arid and nater resources very linited. Some
have predicted that a continuous scramble for scarce wat,er resources could be a
permanent source of conflict occasionally erupting into armed conflicE. e/
20. Since L967, water supply and lnanagement of water resources in the occupied
territories has been under the direct control of the Israeli $later Commission
through its Department of $later Allocation and Certification (S,/14268, para. 200).
On the question of Israeli policies concerning the control of water resources in
the occupied territories, the Security Council Comnission established under
resolution 446 (1979) provided in its report (S/L42681 the following information to
the SecuritY Council:
'201. The policies and objectives attributed to the Israeli authorities with
regard to the handling of nater resources in the occupied territories,
particularly in the $lest Bank, have already been referred to by the Comnission
in its previous reports, In the course of the examination of the information
made available to it, the Commission came across evidence that nost of t.he
Israeli practices in that regard fel1 under the following categories:
rneasures based on claims of national security reguirementsi restrictive
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measures aimed at controlling the search for, and the development and use of,
water by the Arab population; and practices resulting in quantit.ative
reduction of' and subseguent qualitative damage to, the water made available
to them.
"202. A number of instances were point.ed out to the commission in
substantiation of those practices. Thus, the Conmission was told that. in the
early days of the occupation, Israeli authorities under the claim of security
blew up 140 Arab pumps installed on the tdest Bank of the River Jordan. As a result of that action, the Arab farmers lrere prevented from pumping water from
the river for agricultural irrigation whereas the Israeli settlers in the area
were allowed to continue to do so. A1so, in the surnmer of L979, Israeli
military authorities destroyed the irrigation canals alongside many of the
citrus and banana plantations in t,he district of Al-Jiftlik on grounds of
establishing a new security beIt, thus causing the dessication and destruction
of extensive areas of crops.
"203. As to any endeavors by Arab farmers to undertake water developnent
projects, it was said that t,hey were systemically discouraged by the occupying
authorities. In contrast, new hydrological surveys have been undertaken by
the Israeli sett,lement authorities in co-operation with t.he lvlekorot Company to
meet the ltater needs of the Israeli agricultural settlement,s. On the basis of
those surveys, Ivlekorot has since 1968 drilled altogether 30 new artesian wells
in the ulest Bank for the exclusive use of the Israeli settlements. Moreover a
number of wells belonging to those whom Israel calls Arab absentee oerners are
now being used exclusively for tbe settlements. Furthermore, since the early
seventies, all users have been required to install rneters on their wells to
enable the Israeli authorities to check on the water used. Only meagre quantities of extraction from Arab wells are permitted, and penalties are
imposed for pumping in excess of the authorized limits.
1204. The drilling of any nest artesian wells or deepening of existing ones is
forbidden without special permits. Since 196? no such permit has been granted
to any Arab inhabitant in connexion with irrigation wells; and under heavy public pressure, only seven permits have been granted for the purpose of
boring wells for domestic purposes. a/
"9/ Paul Quiring, "Israeli Settlements and Palestinian rightst', Middle
East rnternational No. 88 (London), october Lg7g. Hisham A$rartani (ch;T;;,
Department of Economics, A1 Najah National University, Nablus, vilest Bank),
water Resources and nater Policies on the west Bank, Bulletin No. 2,
october 1979. The Alartani st,udy identifies the location of five of those
wells as follows: two in Nablus and one each in Qalgilia, Tulkarn and Jenin.
There are also seven wells owned by the Israeli Military Administration in the vicinit,y of Israeli settlements which provide drinking hrater to those
settlements and to some Arab villages. However, the ultimate purpose of these
wells located at, Qabat,iya, Beit Ayba, Arraba, Al Farira, Bethrehem, Al ziwiya
and Shabtin, is to cat.er for the interests of the adjacent Israeli settlement.s.
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24. To the extent that the infornation on exploitation of water resources provided
above is accurate, i.t. would engage the international legal obligations of Israel as
Lhe occupying Power, which obligations were referred to in the study of the legal
expert. Here again, as in the exploitation of land resources through
exproprialion, there is a general obligation not to impede the exercise by the
local population of the occupied Palestinian and other Arab territories of their
right to freely use, control and dispose of their natural resources, including
hrater resources (A/38/265-E/L983/85, annex, para. 51 (a) ) . There is also an
obligation incumbent upon Israel as the occupying Power to refrain from using such
resources for the benefit of its own economy.
Notes
g/ See, for exanrple, the following documents: A/34/505-s/L3456,
A/34/666-S113513, A/38/82-s/L5574, A/38/LI2-s/L563s' A/39/278-5,/15589 and
A/39/32r-S/L6442.
9./ 1,000 dunums = I krn2 $D/B/870, para. 26, .
9/SeeR.Juris,''TheArabinIsrae1.,,@(NewYork,L976|.
g/ See Shehadeh and Kuttab, The $lest Bank and the Rule of Law (Geneva,
International Commission of Jurists and Law in t,he Service of Man' 1980).
g/ See John Cooley, ,The hydraulic imperative" in laiddle East Internationalr
No. 205, 22 July 1983.
'References
Ttre following documents were used in the preparation of the present study:
"Permanent sovereignty over national resources in the occupied Arab
territories" (A/LO29O) .
"Permanent sovereignty over national resources in the occupied Arab
terri.tories" (A/32/2041 .
t'Permanent sovereignty over national resources in the occupied Arab
territories" (A/36/5481 .
rrlmplications, under international law, of the United Nations resolutions on
permanent sovereignty over national resources, on t.he occupied Palestinian and
other Arab t.erritories and on the obligations of Israel concerning its conduct in
these territories" (A/38/265-E/1983/851 .
"Permanent sovereignLy over national resources in the occupied Palestinian and
other Arab territories" (A/38/282'E/L9e3/84i .
ttPermanent sovereignty over national resources in the occupied other Arab territories,, (A/39/32G-E/Lgg4/LL].) .
rrReport of the security council commission estabrished under resolution 445 (1979) " (S/L4268) .
"Review of the economic conditions of the palestinian people in
Arab territories'r (ID/B/870,) .
^E//4L098/3s8/rr05
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Palestinian and
the occupied


INITED
IATION8 AE
General A••embly
Economic end SOCl81 Council
Distr.
GENERAL
A/46/263
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ENGLISH
ORIGINALI ARABIC
GENERAL ASSEMBLY
Forty-sixth session
Item 12 of the preliminary list*
REPORT OF THE ECONOMIC AND
SOCIAL COUNCIL
ECONOMIC AND SOCIAL COUNCIL
Second regular session of
1991
Item 5 of the provisional
agenda**
PERMANENT SOVEREIGNTY OVER
NATIONAL RESOURCES IN THE
OCCUPIED PALESTINIAN AND
OTHER ARAB TERRITORIES
Israeli land and water practices and policiea in the occupied
Palestinian Bn~ other Arab territorie»
Note by Secretary-General
1. The Economic and Social Cou~cil, in ~ts resolutions 1989/86 of
26 July 1989 ar-d 1990/53 of 24 July 1990, requested the Secretary-General to
prepare a comprehensive report on Israeli land and water policies and
practices in the occupied Palestinian and other Arab territories and to submit
the report to the General Assembly at its forty-sixth session through the
Council.
2. At the request of the Secretary-General, ~he Economic and Social
Commission for Western Asia has prepared a report on Israeli land and water
policies and practices in tho occupied Palestinian and other Arab
territories. The report is annexed to the present document.
.. A/46/50.
** E/1991/100.
91-20335 2425f (E) I • ••
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ANNEX
RaPort lU'Aearod by the tiQooomig JlJl(1 SoglJ)1....c.Qmmi@aioo fQr_Wo.BtQrO
Asia on Iglool! land And wator »oliQiQ~ and pragtigQ@ in ~
ogcup!ed Palgstinian and othor Arab tOfritor1oa
CONTENTS
INTRODUCTION ••••••••••••••••••••••••••••••••••••••••••••••
I. LAND AND WATER RESOURCES AND USES THEREOF IN ISRMlL
AND THE OCCUPIED PALESTINIAN AND OTHER ARAB
~ERRITORIES •••••••••••••••••••••••••••••••••••••••••
A. BBC kCJfOUIld ••••••••••••••••••••••••••••••••••••••
B. Land and land use in the occupied Palestinian and
other Arab territorio& bdfore t~Q 1967 Israeli
occupation ......................•..............•
C. Water resourcos in the occupiod Palostinian and
other Arab territories ••••••••••••••••••••••••••
11. ISRAELI POLICIES AND PRACTICES REGARDING LAND AND
SETTLEMENT •••••••••••••••••• , •••••••••••••••••••••••
A. Israeli polici~s and practices ••••••••••••••••••
B. Economic and social consoquoncos ••••••••••••••••
111. ISRAELI POLICIES AND PRACTICES REGARDING WATER ••••••
A. Israeli policies and practices ••••••••••••••••••
B. Economic and social consequo"COS ••••••••••••••••
1 - 2
3 ~ 28
3 - g
10 - 22
23 - 28
29 - 53
29 - 42
43 - 53
54 - 59
54 - 58
59
3
3
3
6
9
12
12
16
20
20
23
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INTRODUCTION
1. Sinco ita oocupation ot the West Dank, tho Gaza Strip and tho Syrian Arab
Qolan (the occupied Palestinian and other Arab territories) in June 1967,
Israol haa enacted a ~eries of laws, requlations and decrees that have
reaulted in the seizure of Arab land and property, aa well ao aources of
water, includin9 qroundwater in the Wost Bank and the Gaza Strip and from tho
Jordan River.
2. As ~ reRult of thoso policios and practices pursuod by tho Israoli
authorities reqardinq land and water in tho occupied Palestinian and other
Arab torritories, tho area of Arab land under irriqation has boen roducod,
whilo irriqatod areas in the Israeli Battlements have beon increased.
Economic and living conditions in tho occupiod torritorios havo consoquontly
continuod to doteriorate.
I. LAND AND WATER kESOURCES AND USES THEUEO~ IN ISRAEL AND
THE OCCUPIED PALESTINIAN AND OTHER ARAB TERRITORIES
A. Bagkgro"n~
3. As a result of its occupation of Palestini~n and other Arab territorios
in Juno 1967, Israel gained full military control of all tho land and wator
rosourcos of the West Bank and the Oaza Strip, in addition to tho groator part
of tho Syri~n Arab Golon. As a conaoguence, a total of 7,113 km2 (Wost
Bankl 5,573 km2, Oaza Stripl 360 km2, Syrian Arab Oolanl 1,180 km2)
with a population of 1,~10,000 according to the 1900 consus (Wost Bankl
900,000, Qaza Stripl 600,000, Syrian Arab Go1anl 10,000) foll undor Israoli
administrative control. Tablo 1 shows basic land and wotor indicators for
Israol and the ocoupiod Palostinian ond othor Arab torritorios.
4. As ~ result of tho 1982 Israeli invasion, ISI'ool gainod comploto control
of tho land and water resourcos of southern Lebanon, particularly in tho lowor
Litani Rivor basin.
5. Betwoen tho occupation of the Wost Bank and the Oaza Strip in 1967 unu
tho ond of 1989, the Israeli military authoritios issued over 2,000 military
ordor-s and laws regarding the occupi~d Palestinian ond othor Arab torritorios,
including those relovant to water. A sories of measures was taken by which
the laws in force in the Wost Bank and the Gazo Strip before the Israeli
occupation were abrogated. Furthermoro, rostrictions wero imposod on
agricultural expansion and tho UBe of water by the Palestinian Arab
inhabitants.
6. Israel and the occupiod Palostinian and other Arab torritorios arc
situatod in tho arid or somi-arid rogions of the world and their wator
r~sourceB aro limited. Tho 197~ Israoli Boar report givos tho annual wotor
supply in un avorago your, as shown in tablo 2.
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Ta~le 1. Basic l~nd and WAter indicQtQ[~ for Israol and tbo
Q,gclWiecS Pawt,inian and otber _Arab tQ[[llQri~ij
(1 dunum Q 1,000 m2)
West Bank Gaza Stdp Israel
Total area (dunWf,s) 5 573 000 360 000 20 000 000
Population (1988) 900 000 600 000 4 300 000
Area of land cultivatod (dunums) 2 100 000 214 000 4 250 000
Area of land irrigated (dunums) 110 000 120 000 1 850 000
Percentage of total land cultivated 38 59 21
Percentage of total land irrigated 5 56 44
Annual water consumption for
irrigation (million m3) 95 80 1 320
Annual water consumption for
households (million m3) 27 21 325
Aunual water consum~tion for
industry (million m ) 3 2 125
Total annual w~ter conswnptlon
(million m3) 125 103 1 770
Total per capita water
consumption (m3 ) 139 172 411
Por capita water consumption
per household (m3) 30 35 75
Por capita water consumption
for industry (m3) 3.3 3.3 29
Por capita water consumption
for irrigation (m3) 106 133 307
Source I Israoli land and water policies and practices in the occupied
Palestinian and Arab territories, unpublished study in Arabic (Economic and
Social Commission for Wpstern Asia, Baghdad, 1990), p. 8.
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Table 2. Long-term potential mean yield of conventional
water sources in Israel
(Millions of cubic metres per year)
Water souroe
Sea of Galilee (Kinneret) Basin (surface
and groundwater)
Groundwater
(a) wells (not including Galilee Basin)
(b) sprinC)s
Runoff wator
Reclaimed waste water
Total
Fresh
570
699
75
135
325
1 804
Sal1l').~
20
125
97
242
Total
590
824
172
135
325
2 046
Sourcel K. K. Framji, B. D. G&rg and S. D. L. Luthra, eds., lIXlgation
and Drainage in the World. a Global Reyiew, 3rd edition (New Delhi,
International Commission on I£riC)ation and DrainaC)e, 1982), vol. 11, p. 657.
7. The total available annual water resources are thus estimated at
2,046 million m3, which represents approximately 20 per cent of the annual
rainfall.
8. The annual water consumption in Israel was published by the Water
Commission of the Israeli Ministry of AC)riculture in Fobruary 1981, as sriown
in table 3.
9. The Water Commission estimated that the averaC)e yearly increase in water
consumption was approximately 6 per cent and that the total annual water
supply in Israel and the occupied Palestinian and other Arab territories as a
whole would reach in 1990 a maximum of 2,070 million m3 • On the basis of
population projections, and ass~inC) constAnt per capita water consumption,
the projected water demand by the year 2000 for Israel and the occupied
Palestinian and other Arab territories would be faced with a deficit of
828 million m3 of water annually. 11
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Table 3. Average annual water gonsumption in .Israel
(Millions of cubic metres)
Annual water consumption
Total
Losses
Domestic and industrial Sweet
Consumer
Agriculture
Subtotal
Water quallty
Sweet
Brackish (tre~ted)
Waste water (treated)
1979
1 210
120
60
1 390
300
40
1 730
1990
(estimated)
960
155
230
1 345
540
40
1 925
Sourcel K. K. Framji, B. D. Garg and S. D. L. Luthra, eds., Irrigation
~nd Drainage in the Worldl Global Reyiew, 3rd edition (New Delhi,
International Commission on Irrigation and Drainage, 1982), vol. 11, p. 662.
B. LAnd and land use i~ the oQcupied Palestinian and other
Arab territories befgre the 1967 Israeli occupatiQD
10. The terrain and the prevailing agricultural patterns in the West Bank,
the Gaza Strip and the Syrian Arab Golan are briefly described below.
1. ~WeBt Bank
11. The Ghor area is lowland terrain ranging from about 240 m below sea level
near Ghor Toubas-Bardala in the north to about 392 m below sea ll!vel at
Ain al-Fashkha south of Jericho. The lowland area is locally known as the
Ghor and comprises the western Jordan Valley. The area contains very fertile
land and has substantial groundwater potential in the Ghor as well as the
adjacent western escarpment flanking the Jordan Valley. In the decades
preceding the Israeli occupation, Palestinian farmers were ab~e to develop ~nd
fully reclaim this land to provide local a~d external markets with vegetables,
citrus, bananas and other produce. It was one of the mainstays of
agricultural growth in the West Bank.
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12. The uplands include the regions of Hebron, Jerusalem and Nab1uR.
Agriculture underwent rapid development in this area during the decades
preceding Israeli occupation. Both rainfed and irrigated orchards of various
types of fruit trees were CUltivated, and grapevines covered large areas in
this region. Olive trees were also grown and the region became famous for its
olive oil, grapes and other fruit trees. Production met local market needs
and was also exported, especially to the Arab Gulf countries. Grain crops
such as wheat, barley and maize were also grown.
13. The semi-coastal region is situated in the north-west of the West Bank
around the towns of Jenin and Tulkarm and surrounding villages. In this area,
olive, citrus and other fruit trees were cultivated, and crops were grown,
using both rainfed agriculture and groundwater irrigation schemes.
14. The total area of the West Bank is approximately 5.5 million dunums.
According to the results of the 1965 agricultural census, agricultural
holdings in the West Bank were typically small-scalel approximately
36 per cent were under 10 dunwms and 70 per cent were under 50 dunumsl these
holdings consisted of amall end usually dispersed parcels. Taking into
consideration demographic developments in the area, it is cle3r that there is
an inc~easing tendency for the size of these holdings to shrink further with
time.
15. Following the establishment of Israel, Palestinians from the coastal
r9gion were forced to migrate towards the West Bank and East Bank of the
Jordan. As a result unemployment rose and both banks of the Jordan faced a
difficult e~onomic situation in the early 1950s1 50 per cent of the labour
force there worked in agriculture, which suffered from underemployment.
However, strenuous development efforts enabled agriculture to double its
contribution to the gross domestic product (GDP) from 14.2 million Jordanian
dinars (JD) in 1954 to JD 27.7 million in 1966. According to the population
and housing census of 1961, 35 per cent of the labour forco in the West Dank
worked in agriculture.
16. The Jordanian 1964-1970 Development Programme, which it was not possible
to implement fully owing to the 1967 Israeli occupation of the West Bank, was
aimed at increasing the area of agricultural land in the West Bank in order to
raise the level of income from agriculture and improve the standard of living
of farmers by increasing agricultural product!on through both horizontal and
vertical expansion.
17. Statistics available indicate that 30 per cent of the agricultural land
in the West Bank before 1967 depended on irrigation. The intention was to
inc~ease the area of land under irrigation to 40 per cent by the end of the
Development Programme in 1970. The Programme also aimed at increasing the
area of land planted with fruit trees and, in particular, at doubling the area
planted with olives, almonds, grapes and other fruit trees, as well as various
types of vegetables. In order to achieve those objectives, the Jordanian
Government concentrated its efforts on providing easy-term loans to farmers.
A special agricultural credit institution was established that offered both
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West Bank and East Bank farmers medium- and long-term loans in order to enable
them to redouble their efforts to exploit more land and to help them to expand
their use of agricultural machinary, irrigation and fertilizers. Agricultural
support services were also set up and agricultural research, extension and
other services were expanded. Those supporting services provided by the
Jordanian Government were needed because investment in agriculture was mainly
from the private sector. The Government's responsibility was concentrated on
providing those services which would enable the agricultural sector to make a
growing contribution to food security and to increase its share of the GDP.
18. Government land in the West Bank was used for grazing. At that time,
Jordan was self-sufficient in red meat and other livestock produce.
Consequently. the dairy and leather products sectors flourished in the West
bank. especially in the Hebron area and the eastern uplands.
2. gaza Strip
19. The Gaza Strip is approximately 360 km2 in area and is primarily
privately owned. Agricultural holdings, as in the West Bank, are typically
small-scale. The reclamation of land for agriculture had been proceeding at a
growing pac9 in the decades leading to the June 1967 war. The private sector
played an important and beneficial role in the development and exploitation of
agricultural land during that period. The Gaza Strip was famous for its
citrus orchards and dried fruit. Vegetables and other fruit produce were
exported to Egypt and other countries. especially the Gulf Cooperation Council
(GCC) countries. In the wake of the events of 1948. the Gaza Strip suffered
from increased numbers of immigrants from Palestinian towns and villages that
had become subject to control by Israel. Refugees were housed in camps
throughout the Gaza Strip. which meant that the potential for horizontal
agricultural expansion was limited. That led to a trend towards vertical
expansion by encouraging farmers to use modern agricultural methods and
chemical fertilizers in order to increase their production. Agriculture made
considerable progress. bringing economic progress and a rising standard of
living to local inhabitants in the years before the 1967 Israeli occupation.
3. Syrian Arab golan
20. The Syrian Arab Golan comprises the upland plateau flanking the Haula
Plain and the Sea of Gali1ee. In addition to Mount Hermon (2.814 m). with its
substantial water resources. there are two main mountain ranges in the Go1ana
the first extends from the north-west to south-east towards the town of
Quneitra and the second extends south-east from south of Quneitra to the
village of EI-Rafid.
21. The Golan has a large number of deep. abrupt valleys carved out by
abundant winter rains and floods. They run west-south-west. carrying natural
tributaries to the eastern banks of the Sea of Galilee and the right bank of
the Yarmuk River.
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22. The occupied Syrian Arab Golan is a fertile agricultural area and is well
known for the cultivation of fruit, especially apples, almonds and grapes, in
addition to vegetables and other crops. Agriculture and animal husbandry were
the main sources of livelihood of the local inhabitants before the Israeli
occupation of their land in June 1967. In the Syrian Arat Golan, agricultural
land is owned mainly by small farmers whose holdings are small and dispersed.
C. Water resourcftS in the oCQupied Palestinian and other
Arab territoriel
23. In Israel and the occupied Palestinian and other Arab territories,
rainfall decreases from north to south and from west to east with averages
ranging from 700 mm per year in the region of Safad in the north to
/50 mm per year near the Gulf of Aqaba in the south and 600 mm per year at
Nahariya in the west to 150 mm per year near the Dead Sea. Rainfall is
relatively abundant in the West Bal'l.k, ranging in an average year from 650 mm
in the north to 300 mm in the south.
24. The average annual rainwater supply in the West Bank is approximately
2,800 million m3 and the average annual rainwater supply in Israel and the
occupied Palestinian and other Arab territories does not exceed
10,000 million m3• That means that the rainwater resources in the West Bank
alone represent over 25 per cent of the total rainwater resources. It is
estimated that this annual rainfall is distributed as follows I
2,800 million m3 =1,900 million m3 lost through evaporation
+ 625 million m3 to groundwater basins
+ 225 million m3 to rivers (Jordan, 'Auja)
+ 50 million m3 as runoff.
25. In view of the extreme importance of groundwater basins in the West Bank
and the Gaza Strip, the hydrogeological characteristics of these basins are
given in tables 4 to 6. .
26. In the Gaza Strip, a bulletin published by the Israeli military governor
in 1980 indicated that there were 1,775 artesian wells, from which
approximately 120 million m3 of water was pumped annually. Annual rainfall
in the Gaza Strip is estimated at approximately 300 to 400 mm, which serves to
recharge the aquifers with approximately 70 to 80 million m3 of water, in
addition to groundwater that flows into the Gaza Strip from the east. There
is thus an estimated annual shortfall in the groundwater supply in the Gaza
Strip of approximately 15 to 20 million m3• This depletion of groundwater
has been one of the main reasons for intrusion by sea water into the aquifers
and a rise in chlorine content to da~gerous levels. Groundwater salinity in
the Gaza Strip shows a constant deter;Qration year after year.
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Table 4. North-eastern groundwater basin
Total pumped and/or
Groundwater spring discharge Area
basin Aquifer (million m3 per year) Recharge (km2)
Upper and Lower
Nablus/Jenin Celllomanian 92-114 80-95 300
Gilboa/Ta'nakh Eocene 35 40-50
Scurgea Economic and Social Commission for Western Asial Arab
Organization for Agricultural Development, Food Segurity in the West Bank and
~~ Strip (B/ESCWA/AGR/85/4) (Baghdad, United Nationsl League of Arab States,
1985), p. 59.
Table 5. Western groundwater basin
Groundwater
basin
Auja/Timsah
Hebronl
Beer Sheba
Total pumped and/or
spring discharge Area
Aquifer (million m3 per year) Recharge (km2)
Upper and Lower
Cenomanian 380-400 350-370 1 300
Upper and
Lower Cenomanian 20-21 16.6-21 300
Sourcea Economic aod Social Commission for Western Asial Arab
Organization for Agricultural Development, Food Segurity in the West Bank and
Gala Strip (E/ESCWA/AGR/85/4) (Ba~hdad, United Nationsl League of Arab States,
1985), p. 57.
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Table 6. SQuth-eastern groundwater basin
Total pumped and/or
Groundwater spring discharge Area
basin Aquifer (million m3 per year) Recharge (km2)
Upper and Lower
Bardala Cenomanian 9-11 3-6 90
Eocene and Upper
Buqei'ahl and Lower
El-Mal;;'h Cenomanian 2 2-3 66
Neogene and
Fare'a Pleistocene 9-10 9-15 145
Fasayell Upper and Lower
Auja Cenomanian 12.5-15 24-40 610
Ramallahl Upper and Lower
Jerusalem Cenomanian 25 50-70 610
Desert south Upper and Lower
of Jerusalem Cenomanian 6.2-6.7 35-40 590
Sourcel Economic and Social Commission for Western Asial Arab
Organization for Agricultural Development, Food Segurity in the West Bank and
Gaza Strip (E/ESCWA/AGR/85/4) (Baghdtid, United Nationsl League of Arab States,.
1985), p. 60.
27. Average annual rainfall on the Syrian Arab Golan is estimated at
approximately 1,500 million m3, most of which seeps into the aquifers to
form the sources of the northern tributaries of the Jordan River. Before
1967, the Arab inhabitants numbered approximately 100~OOO and their annual
water consumption was about 12.5 million m3• Most of those inhabitants left
during the 1967 war, leaving only some 10,000 Syrian Arabs in the occupieu
Golan in 1988. II
28. Hydrologically, the Syrian Arab Golan is divided into two ~,ain watersheds I
one has an area of 950 km2 and empties into the Sea of Galileel the other has
an area of 200 km2 and flows into the Raggad Valley. However, the Golan lacks
sources of water suitable for use on a large scale. Numerous small springs are
found scattered throughout the area, hut cannot be used for water projects. A
number of wells have been drilled in the north and centre of the Oolanl
however, their yield has been low. Avai'able water resources do not exceed
20 million m3 annually. II For that reason, Israel pumps the greater part of
the current water needs of the Israeli settlements for domestic purposes and
irrigation from the Sea of Galilee. The Kursi project was established on the
East Bank of the Sea of Galilee and currently pumps approximately
13 million m3 of water per year to an altitude of over 600 m. II
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11. IRRAELI POLICIES AND PRACTICES REGARDING ~AND AND
SETTLEMENT
A. Israeli poligies and Dragtige~
29. Israeli land and water policies in the occupied Palestinian and other
Arab territories formed an integral part of the strategy of settlement as the
key mechanism for Israeli control of those territories.
30. Two distinct phases of Israeli settlement policies can be identified.
The first, from 1968, was concurrent with the coalition (Labour party)
Government. The second, from 1978 to the present, coincides with the Likud
administration (1978-1984) and the Government of national unity .
(1084-present). il
31. Israeli settlement policies a~e aimed at bolstering the Israeli economy
and creating ~~ integrated economic, agricultural and industrial base.
Agricultural settlements were established on the most fertile land and on
suitable sites (type of soil, abundance of groundwater, etc.).
32. Regarding industrial activities of the settlements Yigal A110n stated.
"The idea behind the industrially based settlements on the Golan and
in parts of Judea and Samarea is that it is not enough to establish small
settlements based on agriculture in strategically vital zones. If we are
to have a large popUlation in these areas, industrially based town1ets
are needed". .5/
33. The types of investment directed to settlements, as shown in table 7,
reflect the integrated economic and social activities.
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Table 7. Investment in settlements, 1968-1987
Units
1982 1984 1986
Investment
(millions Of Unitod States dollars)
1982 1984 1986 Remarks
Housinql
apartments
Industrial
production
Aqriculture
Water
Roads
Telecommunication
12 400 16 900 17 950
1 260 1 610 2 362
55 55 55
• • • • • •
200 288
2 400 9 000 15 850
690
328
55
122
75
15
929
418
75
142
90
23
987 Includinq
40.7* temporary,
under
construction
614 Thousand m2
25.4*
95 Thousand
3.9* dunwns
162 Main and
6.7* local qrids
101 Km paved
4.2*
39 Subscribers
1.6*
Electricity
Education
• •
• •
• •
336
••
432
15 25
40
30 Estimate,
1.3* excludinq East
Jerusalem
Electric
Corporation
51 Classrooms
2.1*
Health clinics
(ambulances)
unspecifi9d
• •
• •
71 98/61
.. ..
••
250
4
325
7 CUnicsl
0.3* ambulances
335 WZO, transport
13.8* community
services, etc.
Total 1 550 2 071 2 421
100
Sourcel Meron Ben Venistl and Shalomo Khayat, The WHst Bank and Gaza
Atlas (Jerusaleml West Bank Data project, The Jerusalem Post, 1988), p. 32.
* Percentage of total 1986 investment.
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34. The establishment of integrated Jewish oommunities in the occupied
Palestinian and other Arab territories does not take into account the
interests of the Arab population. According to the West Bank Data Base
projeot, the average annual increase in the number of settlers in the first
decade was 770 (peak 2,300), while in the seoond deoade the average annual
increase was 5,960 (peak 16,646). il Acoording to a study prepared by the
United Nations Conference on Trade and Development (UNCTAD), in 1987,
1 per cent of the 12,900 new immigrants to Israel settled in the West Bank
(including East Jerusalem) or tho GaZB Strip. ThB~ proportion was expectod to
have reached 5 per cent for 1990 (TD/B/1266, p. 7).
35. Israeli authorities continue to provide material incentives to encourago
settlement in the West Bank and Gaza Strip.
"These include disproportionately high public investment in
settlements compared to similBr-siwe Israeli localities, stronger
inveutment incentives accorded to industrial zones in the settlements,
higher housing subsidies and lower land value assessments for home
building schemes in the sett-lements, income and other tax relief granted
to settlers, the higher regular (maintenance) public expenditures on
services in settlements and higher government per capita budget grants to
settlements than to localities in Israel itself" (ibid., p. 19).
36. Concern has been expressed at the growing number of settlements in all
the territories occupied by Israel since 1967, including Jerusalem,
particularly in the light of th~ influx of immigrants to Israel in recent
years. The establishment of such suttlements stands in violation of the
provisions of both the Fourth Geneva Convention and Security Council
resolution 465 (1980), by which the Council determined that all measures taken
by Israel to change the physical character, demographic composition,
institutional structure or status of the occupied Arab territories had no
legal validity.
37. Since its occupation of the West Bank, "the Gaza Strip and the Syrian Arab
Golan in June 1967, Israel has used the following laws and regulations to
seize Arab land.
(a) The Law of EX9ropriation of Land in the Public Interest, enacted by
the British mandatory authorities in Palestine In 19431
(b) The Emergency Defence Law, enacted by the British mandatory
a~thorities in Palestine in 19451
(c) The Emergency Law for the Utilization of Unproductive Land, enacted
in 1948 by Israel. This law was drawn up to anable the Israeli Minister of
Agriculture to exercise his power to confiscate ~and if he was convin~ed that
the owner did not intend to use it for agricultural purposes. It has also
been used in the occupied territories from 1967 until the present I
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(d) The Law of Confiscation of Property and Real Estate, enacted by
Israel in 1949. By virtue of this law, the Israeli authorities have the right
to confiscate any property or real estate which they believe to be vital to
Isranli national security. This law has been used extensively since the
Israeli occupation of the West Bank and Gaza Strip, as well as the Syrian Arab
Oolan, to confiscate Arab land and sources of water,
(e) The Absentee Property Law, decreed by the Knesset on 14 March 1950
in replacement of the Emergency Law issued on 19 December 1949 concerning the
seizure of absentee property. Since it was issued, this law has been used to
seize the property of persons the Israeli occupation authorities consider to
be absent or resident abroad. By 1916 Israeli land expert~ completed the
survey of absentee and govornment properties and took possession of these
categories of land by virtue of orders No. 58 and 59. AI
38. On the basis of those laws and rogulations, between June 1967 and the ond
of 1990 the following land areas were confiscatedl
(a) A total of 2,895,642 dunums in the occupied West Bank, reprosonting
52.6 per cent of the total land al'ea of the West Sankl 11
(b) A total of 153,475 dunums in the Gaza Strip, representing
42.3 per cent of the totbl land area of the Gaza Stripl
(c) 69.4 per cent of the total land area of the Syrian Arab Golen.
39. The confiscation of land has been the first step in the establishment of
Israeli settlements in the occupied territories, using an integrated range of
practices and measures, which may be summarized as followsl
(a) Preparing the necessary plans as a preliminary step to confiscating
land from Arab farmersl
(b) Sending survey teams to determine the location and area of land
intended for confis~ationl
(c) Issuing the confiscation orderl
(d) Sending official notification to local inhabitants and land owners
that their land has been confiscatedl
(e) Sending an ordor to inhabitants of the area concerned .~orbidding
them to trespass on the confiscated land, and declaring it off limits for
security reasons,
(f) Fencing off confiscated land with barbed wire,
(g) The Israeli army, in collaboration with Israeli settlers in the
area, prevents Arab farmers from entering their confiscated land and from
exploiting it in any way, whether by sowing crops, picking fruit or 9razing
animals,
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(h) Advisin9 th6 relevant authorities in Israel to implement the
settlement plan on the confiscated land, or to establish a new settlement
throu9h the followln9 arran90monts and facilities I
(i) Machines and equlpment are sent in to lay a~1 pavo roads across the
confiscated land and to uproot fruit trees th ~el
(ii) Construction work is be9un by Israeli contractors accordin9 to the
plans for the intended settlementl
(iil) The execut1n9 authority endeavours to market the new housing units
in the new settlement to Israelis at prices lower than those in
Israeli towns and v!llagesl
(iv) Settlers in the new settlement are usually armed.
40. Israeli settlements cover large areas of the Syrian Arab Golan and the
Gaza Strip and are spread throughout all parts of the West Bank in the form of
clusters of settlements surrounding Ar~b towns and villages. These
settlements are linked by a network of highways to each other and to Israeli
population centres.
41. In connection with this plan, the Israeli authorities are building a
network of roads in order to develop their settlement plan in the West Bank.
Among the main road projects being executed are the followingl
(a) Route 50, approximately 55.5 km longl it has been decided that this
road shall cut across the West Bank from north to south and from east to wost
dividing it into four quarters. The construction of this road will require
some 8,000 dunums of Palostinian landl
(b) Route 60, which is to link Jerusalem with the settlement of Gush
Etzion north-west of Hebronl this road will traverse vineyards and fruit
orchards in the region south of Jerusalem and pass through a number of rural
population centres in that region. Large areas of land have b&en expropriated
in order to build this road.
42. Furthermore, other roads have been built as part of the Israeli
settlement plan, such as the settlement ring road around the Arab town of
Qalqilya in the north-west of the West Bank.
B. Economic and social consegue~
43. The Israeli settlement policies and practices have had serious
consequences on the economic and social conditions of the Palestinian and Arab
people under occupation and on their potential for development.
4~. A study prerared by UNCTAD on recent economic developments in the
occupied Palestinian territory (TD/B/l142) indicated that the policy,
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practices and measures of the Israeli occupation of the West Bank and the Gaza
Strip had brought about radical changes in the structure of their economy,
which had adversely affected economic growth and development. Agriculture
remained the backbone of development in the occupied Arab territories, despite
its declining contribution to GDP. That study demonstrated clearly tha~ the
total cultivated area had decreased from 36 per cent ~n 1966 to 27 per cent in
1984 of the total land area of the occupied West Bank, and in the occupied
Gaza Strip from 55 per cent of total area in 1966 to 28 per cent in 1985.
45. Confiscation of land had adversely affected agricultural production and
income in the West Bank and the Gaza Strip; income from agriculture declined
from 1,505 million shekels in 1978 to 1,488 million shekels in 1984 in
constant 19&0 priees. As a result, according to another study of UNCTAD
(UNCTAD/&1/SEU/4), the ~hare of agriculture in GDP declined in constant prices
from 32 per cent in 1978 to 28 per cent in 1984.
46. According to the same study, incorne from agriculture in the West Bank
declined from SUS 237 million in 1981 to SUS 204 million in 1985. In the Gaza
Strip it deolined from SUS 66 million in 1981 to SUS 61 million in 1985, in
spite of the fact that farmers were making increasing use of modern techniques
in order to improve agricultural production in those areas.
47. As a result of the negative impact of the confiscation of agricultural
land in the West Bank and the Gaza Strip, employment in agriculture fell ~rom
38.7 per cent of the total workforce in 1970 to 24.4 per cent in 1985.
48. According to the report of the International Labour Organisation (ILO) on
the situation of workers of the occupied Arab torritories, submitted to the
International Labour Conference at its 77th session, in 1990, "Endogenous
development efforts are frequently frustrated or undone fOE' administrative or
security reasons". al While evaluating Israeli policies and practices on the
agricultural sector, the impact of the report highlighted the following points:
(a) "Agriculture remains the backbone of the economy but performance
over the decade has been disappointing for lack of land, water and
markets."; il
(b) Despite increased productivity as a result of the introduction of
new technologies in agriculture, the new corresponding marketing opportunities
were lacking; IQI
(c) "Agricultural employment in [the occupied] territories dropped from
almost 60,000 workers in 1970 to 38,500 workers in 1987." The share of
agricultural employment also dropped from 40 per cent to around 25 per cent.
"In other words, thousands of workers left because they or their employers had
lost their land or could not expand for lack of water; or because they could
not compete in the home market with subsidized imports from Israel; or because
they found barriers to buying farm inputs or to selling their p~oducts
abroad" • .iO./
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49. The reduction in the number of job opportunities and the spread of
unemployment have been among the adverse consequences of the cor.tiscation of
agricultural land in the occupied Palestinian and other Arab terriGories, and
have led to an increase in the numbers of workers from the occupiad
territories emi9rating to Jordan and the Gee countries in search of a source
of livelihood. A report published by the Arbb Labour Organization in 1982
indicated that between 1967 and 1981, 140,000 workers had emigrated to those
countries in seal'ch of work.
50. Mention should also be made of the uprooting of fruit trees by the
Israeli authorities from the land of Arab farmers in the occupied
territories. The Israeli newspaper Ha'aretz (29 March 1989) noted that the
Israeli authorities had uprooted 23,400 trees in the occupied territories
during the first year of the intifadah.
51. A survey of the fruit trees uprooted from Arab farmers' land in the
occupied territories was published in the 1989 annual report of the Jordanian
Ministry of Labuur, as shown in table 8.
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Table 8. Destruction of trees and crops, 1989
Number of
Olive h'E/es Citrus trees Othor fruit Arab towns and
Month uprootRd uprooted trees uprooted villages affected
January 2 285 210 90 14
February 925 105 200 10
March 1 417 330 9
April 3 337 100 7 000 16
May 4 110 2400 dunurns of 12 dunums 22
crops ploughed of qrapes.
under.
June 847 50 dunwns of 550 dunurns 10
crops ploughed sprayed with
under. chemical
substances.
July 120 300 3 8
August 2 033 112 4 dunurns 12
ploughed under.
September 621 380 430 12
October 177 60 2 620 14
November 251 30 5
December 805 6
Sourcel Compiled from Government of Jordan, Ministry of Labour, Research
Department, The impact of Israeli policies and practices on the conditions of
Arab workers in the occupied Arab territories (published in Arabic), Annual
report 1989 (Amman, January 1990).
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52. Accordingly, the number of fruit trees uprooted in 1989 from Arab farms
through actions by the occupation authorities connected with the confiscation
of Arab land was no less than 30,000, of which 16,928 were olive trees. The
number of towns and vi11aqes affected by these actions in the same year
was 138.
53. Israeli policies and practices concerninq land and settlement in the
Syrian Arab Go1an had the followinq consequences I
(a) A constant increase in the population of Israeli settlers in the
Go1an. The non-Israeli population increased by 13.2 per cent during the
period from June 1983 to December 1988, while the Israeli population increased
by 41 per cent during the same periodl 111
(b) The sharing with the Arab population and exploitation of the limited
agricultural and water resources of the Golan by the Israeli settlers has
aggravated the difficulties facing the Arab economy, which relies mainly on
agricultural activities and resources (fertile soil, pasture and water
resources). The ILO report states the followingl "In the view of the Arab
inhabitants of the Golan these difficulties are due to the state of
occupation, aggravated by the annexation and the presence of the settlers"; 11/
(c) The marketing of apples, whirh constitute the only exportable
product, has been subjected to certain restrictions and competition from the
Israeli settlements; 111
(d) The amount of agricultural land owned by the Arab population has
been reduced. According to the ILO report, "Druse spokesmen also told the
Director-General's representatives that the village of Mas'ada had a total
aroa of 3,000 dunums of fertile land, but that only one third, 1,000 dunums,
had been loft to the Arab villagers". ill
Ill. ISRAELI POLICIES AND PRACTICES REGARDING WATER
A. Israeli policies and practice~
54. The Israeli military commander issued Order No. 92 on 15 August 1967
conferring what were called Mandatory Powers in respect of Water Regulations
(translated from Arabic). This order was followed by numerous others all
aimed at making basic modifications to the water laws and regUlations in force
on the eve of the June 1967 war in the West Bank, the Gaza Strip and the
Syrian Arab Golan. One of the orders issued at that time, Order No. 158,
enabled the Israeli occupation authorities to place the following restrictions
on water resources I
(a) Water installations could not be built, assembled, owned or operated
without a permit from the Israeli military governor;
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(b) Applications should be submitted to the military Governor for
permits to exploit groundwater or to execute any irrigation project, and the
military governor had full power to grant or withhold permits without giving
any reason in case of a refusal. 151
55. By virtue of that order, permits were given to Israeli settlers to urill
deop artesian wells close to shallower Arab wells, which thus dried up,
harming crops, since the water had been drawn off to the Israeli wells.
56. A series of military orders has been issued by the Israeli military
Governors in the occupied West Bank, the Gaza Strip and the Syrian Arab Golan;
of those concerning water, the most important are the following!
(a) Order No. 92 of 15 August 1967 on water resources and water use in
the occupied West Bank;
(b) Order No. 158 of 30 October 1967 amending the law on supervision of
water in the West Bank;
(c) Order No. 498 of 4 November 1974 on water in the Gaza Strip.
57. All of those military orders have stipulated rules and regulations
regarding water and water transfer, extraction, consumption, sale and
distribution, the control of water use, water sharing and rationing,
consumption of water, the construction of water installations, the drilling of
wells, the granting of permits and all matters regarding water resources,
whether groundwater or surface water, inclUding springs, ponds, streams and
rivers, as well as the setting of prices and quantities allowable for use by
indigenous Arab inhabitants and farmers in the occupied Palestinian and other
Arab territories. At the same time, these orders have made it easier for the
Israeli authorities and settlers to seize and utilize water in tho occupied
territories. lil
58. As a result of the foregoing, the Israeli authorities have gained control
over water resources in the West Bank, the Gaza Strip and the Syrian Arab
Golan. Other measures that have been taken include the following!
(a) Since its occupation of the Golan, Israel has established over
20 settlements, in addition to several industries and research centres. !n
accordance with the Jewish Agency Plan, each settlement is given 4,500 dunums
of agricultural land, of which 2,500 dunums are used for grain crops under
irrigation, 500 dunums for trees and 1,500 dunums for various other crops.
Israel estimates that the water needs of its settlements in the Golan,
according to their plans, will reach approximately 46 million m3 per year,
distributed as follows! 111 (i) 8.7 million m3 per year for settlements in
the north of the Golan; (ii) 6.0 million m3 per year for settlements in the
centre of the Golan; and (iii) 31.6 million m3 ppr year for settlements in
the south of the Golan. The expected sources of water are:
(i) 16 million m3 per year from the Sea of Galilee; (il) 11 mil ion m3
per year from the Hemmah springs and from the River Jordan;
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(iii) 10 million m3 per year from wells and springs in the Golan Height61
and (iv) 9 million m3 per year from the construction of small dams to
collect rU40ff,
(b) Thd Israeli company Mekorot has been given responsibility for all
drilling operations for artesian wells throughout the occupied Arab
territories. In Golan, Mekorot has a monopoly whereby every inhabitant must
a~k Mekorot for permission to collect rainwater. The Arab inhabitants of the
Golan have been forced to demolish some of their own reservoirs and the
Israeli army has dynamited a number of others. 111 At present, only three or
four reservoirs are authori~ed out of approximately 400 that had been built
after the inhabitants adopted the system of collecting and using rainwater
through reservuirsl
(c) The Israeli Water Board has been given responsibility for all
o,erations regarding water distribution in the occupied Palestinian and other
Arab territories and it has been allowed to install water metres in the
artesian wells owned by Arab farmers in order to control the quantities of
water extracted,
(d) In accordance with the military orders and administrative measures
regarding water referred to above, the Israeli authorities have imposed tight
restrictions on water use in the West Bank, the Gaza Strip and the Golan,
where Arab farmers are prohibited from drilling artesian wells to irrigate the
land they own. Permit~ are sometimes granted to drill wells to de~ths not
exceeding 60 metres and for domestic purposes only. Ioraelis in the
settlements ure allowed to drill to depths of up to 500 metres,
(e) Owing to the sealing off of many agricultural areas as closed
security areas, several hundred water pumps owned by Arab farmers, which were
used to pump water from the Jordan River to irrigate their farms in the Ghor
region of the West Bank, have been destroyed. Irrigation canals which
supplied Arab farms in the region of El-Jiftlik with water have also been
damaged. That has had an adverse effect on the agriculture and the economic
and social life of that regionl
(f) Citrus trees have been uprooted and Arab farmers have been prevented
fr~m planting new citrus trees, both in the Ghor region of the West Bank and
in the Gaza Strip. In the Golan Arab farmers have also been prevented from
planting apple and other fruit treesl
(q) Ram Lake, the largest body o~ water in the Golan, has been seized by
the Israeli authorities. As a result, villages in the Golan have suffered a
critical shortfall in drinking and irrigation water, while the water of Ram
Lake has been diverted to Israeli settlements to satisfy the needs of the
settlBrs and their agricultural and industrial projects in the area.
/ ...
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B. Economic and social Qonseguences
59. The consequences of Israeli policies and practiceH regarding water may be
described as followsl
(a) A state of conflict and competition over land and water resources
has arisen and continues to prevail. That has had an adverse impact on the
living conditions of Palestinians. The Isra41i settlements in Jordan valley,
for example, are in direct competition with the Arab villages for the limited
resources of the West Bankl lil
(b) The usable groundwater reserves in the West Bank ~re estimated at
approximately 600 million m3 per year. The Israeli occupa\'\on authorities
are currently pumping appr~ximately 500 million m3 per year, leaving only
100 million m3 per year for use by the West Bank, or 16.6 per cent of the
water available in the West Bank'
(c) The deep wells drilled by the Israeli authorities in the occupied
Palestinian and other Arab territories has affected the level and quantity of
water in Arab wells, resulting in a reduction of their productive capacity and
the drying up of some of those wells and thus the drying up of agriCUltural
land that depended on those wells for ir~igation water,
(d) Overexploitation Qf groundwater in the Gaza Strip and the ~reat
increase in water use by settlers in Israeli settlements has resulted in
increased salinity through seawater intrusion. Approximately 50 per cent of
the wells in the Gaza Strip have become unfit for human use and most of them
are unfit for irrigation due to the hig" salinity levels,
(e) As in the West Bank and the Gaza Strip, the continued arbitrary
practices of the Israeli occupation authorities aimed at confiscating land and
gaining control of water resources in the occupied Syrian Arab Golan have
reduced the area under cultivation, curtailed local development potential and
lowered the local level of income from work in agriCUlture.
Notes
1/ AI-Mostakbal Study Centre, From the waters of the (West) Bank to the
Yarmuk dama the Danger Triangle, Al-Mostakbal (Arabic weekly magazine
published in Paris), No. 545, 1 August 1987, p. 32.
II See International Labour Office (ILO), Report of thu
Director-Gttneralz Appendices (yol. 2), Appendix III "Report on the situation
of workers in the occupied Arab territories" (Geneva, 1990).
11 Mounir Ashlaq, Wat~r and water use in Palestine, in Economic and
Social Commission for Western Asia, froceedings of tbe Ad Hoc Ixpert GrQup
m~e~ing on Wat9f SecuritY'ift#tbe ESCWA region, Damascus, 13-16 November 1989
(E/ESCWA/NR/1990/3) (Baghdad, 1990), p. 318.
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Hotes (continued)
il Moron Bonvenisti and Sh1omo Kheyat, The West. Uank and GalA Atlas
(Jerusalem, West Bank Data Base project, The Jerusalem Post, 1988), p. 32.
~I Willinm Wilson Harris, Taking Rootl IsrAeli settleme~t-in the w~
Bank. tho Golan and Gaza Sinai. 1967-1980 (Research Studies Press, 1980),
p. 184.
21 Moron Benven~sti, Ibe West Bank Data projegt' A suXyoy Qf l~~.~~
Policies (Washington, D.C., American Enterprise Institute - Studies in foroi~n
policy, 1984), p. 32.
11 Government of Jordan, MInistry of Labour, Research Department, The
impact of Israeli policies and practices on the conditions of Arab workers in
the occupied Arab territories (published in Arabic), Annual roeort 1990
(Amman, Januury 1991), pp. 107 -1l.3.
.6/ ILO, OPt cit., para. 17 •
.9/ Ibid. , para. 21 •
10.1 Ibid. , para. 41.
111 Ibid. , para. 109.
lil Ibid. , para. 110.
ill Ibid. , para. 113.
ill Ibid. , para. 114.
l}1 Department of the Affairs of the Occupied Homeland, Israeli designs
on West Bank water (published in Arabic), Study No. 1 (Amman, Ibn Rushd
Publishers and Distributors, 19S7), pp. 15-16.
12/ Ibid., pp. 16-31.
1J...I Adel Abdel-Balam, "Water in Palestine", in Palestine EncylQJ?~,
Part Two, vol. 1, Geographic studies (Beirut, 1990), p. 258 (in Arabic).
~I ILO, OPt eit., para. 111.
1jl David Kahan, Agriculture and water in the West Bank and GazQ
(Jerusalem, The West Bank Data Base project, 1983), pp. 165-166.

Document file FR
Document Long Title

Part II (A) 4 - Permanent Sovereignty over Natural and National Resources

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