A
The General Assembly,
Having discussed the item entitled "The situation in the Middle
East",
Recalling its resolutions 36/226 A and B of 17 December 1981, ES-9/1
of 5 February 1982, 37/123 F of 20 December 1982, 38/58 A to E of 13
December 1983, 38/180 A to D of 19 December 1983, 39/146 A to C of 14
December 1984, 40/168 A to C of 16 December 1985, 41/162 A to C of 4
December 1986, 42/209 A to D of 11 December 1987, 43/54 A to C of 6
December 1988, 44/40 A to C of 4 December 1989, 45/83 A to C of 13 December
1990 and 45/68 of 6 December 1990,
Recalling Security Council resolutions 425 (1978) of 19 March 1978,
497 (1981) of 17 December 1981, 508 (1982) of 5 June 1982, 509 (1982) of 6
June 1982, 701 (1991) of 31 July 1991 and other relevant resolutions,
Taking note of the reports of the Secretary-General of 22 October
1991,1/ 8 November 1991 2/ and 15 November 1991,3/
Reaffirming the need for continued collective support for the
decisions adopted by the Twelfth Arab Summit Conference, held at Fez,
Morocco, on 25 November 1981 and from 6 to 9 September 19824/, which
were confirmed by subsequent Arab summit conferences, including the
Extraordinary Arab Summit Conference held at Casablanca, Morocco, from 23
to 26 May 1989,
Reiterating its previous resolutions on the question of Palestine
and its support for the Palestine Liberation Organization as the sole
legitimate representative of the Palestinian people,
Welcoming all efforts contributing towards the realization of the
inalienable rights of the Palestinian people through the achievement of a
comprehensive, just and lasting peace in the Middle East, in accordance
with the United Nations resolutions relating to the question of Palestine
and to the situation in the Middle East, including Security Council
resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October
1973,
Welcoming also the world-wide support extended to the just cause of
the Palestinian people and the other Arab countries in their struggle
against Israel aggression and occupation in order to achieve a
comprehensive, just and lasting peace in the Middle East and the full
exercise by the Palestinian people of its inalienable national rights, as
affirmed by previous resolutions of the General Assembly on the question of
Palestine and on the situation in the Middle East,
Gravely concerned that the Palestinian territory occupied since
1967, including Jerusalem, and the other occupied Arab territories still
remain under Israeli occupation, that the relevant resolutions of the
United Nations have not been implemented and that the Palestinian people is
still denied the restoration of its land and the exercise of its
inalienable national rights in conformity with international law, as
reaffirmed by resolutions of the United Nations,
Reaffirming the applicability of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949,5/
to the Palestinian territory occupied since 1967, including Jerusalem, and
the other occupied Arab territories,
Reaffirming also all relevant United Nations resolutions which
stipulate that the acquisition of territory by force is inadmissible under
the Charter of the United Nations and the principles of international law
and that Israel must withdraw unconditionally from the Palestinian
territory occupied since 1967, including Jerusalem, and the other occupied
Arab territories,
Gravely concerned also at Israeli policies involving the escalation
and expansion of the conflict in the region, which further violate the
principles of international law and endanger international peace and
security,
Reaffirming further the imperative necessity and urgency of
establishing a comprehensive, just and lasting peace in the region, based
on full respect for the Charter and the principles of international law,
1. Reaffirms its conviction that the question of Palestine is the
core of the conflict in the Middle East and that no comprehensive, just and
lasting peace in the region will be achieved without the full exercise by
the Palestinian people of its inalienable national rights and the
immediate, unconditional and total withdrawal of Israel from the
Palestinian territory occupied since 1967, including Jerusalem, and the
other occupied Arab territories;
2. Reaffirms that a just and comprehensive settlement of the
situation in the Middle East cannot be achieved without the participation
on an equal footing of all the parties to the conflict, including the
Palestine Liberation Organization, the representative of the Palestinian
people;
3. Declares once more that peace in the Middle East is indivisible
and must be based on a comprehensive, just and lasting solution of the
Middle East problem under the auspices of the United Nations and on the
basis of its relevant resolutions, which ensures the complete and
unconditional withdrawal of Israel from the Palestinian territory occupied
since 1967, including Jerusalem, and the other occupied Arab territories,
and which enables the Palestinian people, under the leadership of the
Palestine Liberation Organization, to exercise its inalienable rights,
including the right to return and the right to self-determination, national
independence and the establishment of its independent sovereign State in
Palestine, in accordance with the resolutions of the United Nations
relating to the question of Palestine, in particular General Assembly
resolutions ES-7/2 of 29 July 1980, 36/120 A to F of 10 December 1981,
37/86 A to D of 10 December 1982, 37/86 E of 20 December 1982, 38/58 A to E
of 13 December 1983, 39/49 A to D of 11 December 1984, 40/96 A to D of 12
December 1985, 41/43 A to D of 2 December 1986, 42/66 A to D of 2 December
1987, 43/54 A to C of 6 December 1988, 43/175 A to C, 43/176 and 43/177 of
15 December 1988, 44/42 of 6 December 1989 and 45/68;
4. Considers the Arab peace plan adopted unanimously at the Twelfth
Arab Summit Conference, held at Fez, Morocco, on 25 November 1981 and from
6 to 9 September 1982,4/ which was confirmed by subsequent Arab
summit conferences, including the Extraordinary Arab Summit Conference held
at Casablanca, Morocco, from 23 to 26 May 1989, as an important
contribution towards the realization of the inalienable rights of the
Palestinian people through the achievement of a comprehensive, just and
lasting peace in the Middle East;
5. Condemns Israel's continued occupation of the Palestinian
territory occupied since 1967, including Jerusalem, and the other occupied
Arab territories, in violation of the Charter of the United Nations, the
principles of international law and the relevant resolutions of the United
Nations, and demands the immediate, unconditional and total withdrawal of
Israel from all the territories occupied since 1967;
6. Rejects all agreements and arrangements which violate the
inalienable rights of the Palestinian people and contradict the principles
of a just and comprehensive solution to the Middle East problem to ensure
the establishment of a just peace in the area;
7. Deplores Israel's failure to comply with Security Council
resolutions 476 (1980) of 30 June 1980 and 478 (1980) of 20 August 1980 and
General Assembly resolutions 35/207 of 16 December 1980 and 36/226 A and B;
determines that Israel's decision to annex Jerusalem and to declare it as
its "capital" as well as the measures to alter its physical
character, demographic composition, institutional structure and status are
null and void and demands that they be rescinded immediately; and calls
upon all Member States, the specialized agencies and all other
international organizations to abide by the present resolution and all
other relevant resolutions and decisions;
8. Condemns Israel's aggression, policies and practices against the
Palestinian people in the occupied Palestinian territory and outside this
territory, including expropriation, establishment of settlements,
annexation and other aggressive and repressive measures, which are in
violation of the Charter and the principles of international law and the
relevant international conventions;
9. Strongly condemns the imposition by Israel of its laws,
jurisdiction and administration on the occupied Syrian Golan, its
annexationist policies and practices, the establishment of settlements, the
confiscation of lands, the diversion of water resources and the imposition
of Israeli citizenship on Syrian nationals, and declares that all these
measures are null and void and constitute a violation of the rules and
principles of international law relative to belligerent occupation, in
particular the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949;
10. Calls upon all States not to provide Israel with any assistance
to be used specifically in connection with settlements in the occupied
territories;
11. Strongly deplores the continuing and increasing collaboration
between Israel and South Africa, especially in the economic, military and
nuclear fields which constitutes a hostile act against the African and Arab
States and enables Israel to enhance its nuclear capabilities;
12. Requests the Secretary-General to report to the Security Council
periodically on the development of the situation and to submit to the
General Assembly at its forty-seventh session a comprehensive report
covering the developments in the Middle East pertaining to the present
resolution.
B
The General Assembly,
Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of
16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December
1984, 40/16 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of
11 December 1987 43/54 C of 6 December 1988, 44/40 C of 4 December 1989 and
45/83 C of 13 December 1990, in which it determined that all legislative
and administrative measures an actions taken by Israel, the occupying
Power, which had altered or purported to alter the character and status of
the Holy City of Jerusalem, in particular the so-called "Basic
Law" on Jerusalem and the proclamation of Jerusalem as the capital of
Israel, were null and void and must be rescinded forthwith,
Recalling Security Council resolution 478 (1980) of 20 August 1980,
in which the Council, inter alia, decided not to recognize the
"Basic Law" and called upon those States that had established
diplomatic missions at Jerusalem to withdraw such missions from the Holy
City,
Having considered the report of the Secretary-General of 22 October
1991,1/
1. Determines that Israel's decision to impose its laws,
jurisdiction and administration on the Holy City of Jerusalem is illegal
and therefore null and void and has no validity whatsoever;
2. Deplores the transfer by some States of their diplomatic missions
to Jerusalem in violation of Security Council resolution 478 (1980), and
their refusal to comply with the provisions of that resolution;
3. Calls once more upon those States to abide by the provisions of
the relevant United Nations resolutions, in conformity with the Charter of
the Unite Nations;
4. Requests the Secretary-General to report to the General Assembly
at its forty-seventh session on the implementation of the present
resolution.
* * *
1/ A/46/586.
2/ A/46/623-S/23204 and Corr.1; see Official Records of the
Security Council, Forty-sixth Year, Supplement for October, November
and December 1991, document S/23204.
3/ A/46/652-S/23225; see Official Records of the Security Council, Forty-sixth Year, Supplement for October, November and December 1991,
document S/23225.
4/ See A/37/696-S/15510, annex. For the printed text, see Official
Records of the Security Council, Thirty-seventh Year, Supplement for
October, November and December 1982, document S/15510, annex.
5/ United Nations, Treaty Series, vol. 75, No. 973.
RECORDED VOTE ON RESOLUTION 46/82 A: 93-27-37
In favour: Afghanistan, Algeria, Bahrain, Bangladesh, Bhutan,
Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi,
Cambodia, Cape Verde, Chad, Chile, China, Colombia, Comoros, Cuba, Cyprus,
Djibouti, Ecuador, Egypt, El Salvador, Ethiopia, Gabon, Gambia, Ghana,
Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran, Iraq,
Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho,
Libya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico,
Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger,
Nigeria, Oman, Pakistan, Peru, Philippines, Qatar, Republic of Korea,
Rwanda, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra
Leone, Singapore, Somalia, Sri Lanka, Sudan, Suriname, Swaziland, Syria,
Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab
Emirates, United Republic of Tanzania, Vanuatu, Venezuela, Viet Nam, Yemen,
Yugoslavia, Zambia, Zimbabwe.
Against: Australia, Belgium, Bulgaria, Canada, Czechoslovakia,
Denmark, Estonia, Finaland, France, Germany, Hungary, Iceland, Ireland,
Israel, Italy, Latvia, Lithuania, Luxembourg, Netherlands, New Zealand,
Norway, Poland, Portugal, Romania, Sweden, United Kingdom, United States.
Abstaining: Albania, Antigua and Barbuda, Argentina, Austria,
Bahamas, Barbados, Belarus, Belize, Benin, Central African Republic, Côte
d'Ivoire, Dominica, Dominican Republic, Federated States of Micronesia,
Fiji, Greece, Grenada, Jamaica, Japan, Liberia, Liechtenstein, Malawi,
Malta, Marshall Islands, Panama, Papua New Guinea, Paraguay, Saint Kitts
and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon
Islands, Spain, Togo, Ukraine, USSR, Uruguay.
Absent: Angola*, Cameroon*, Congo*, Costa Rica, Democratic People's
Republic of Korea, Guinea-Bissau, Zaire.
____________
*Later advised the Secretariat that it had intended to vote in favour.
RECORDED VOTE ON RESOLUTION 46/82 B: 152-1-4
In favour: Afghanistan, Albania, Algeria, Antigua and Barbuda,
Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Belarus,
Belgium, Belize, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei
Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Canada, Cape Verde,
Central African Republic, Chad, Chile, China, Colombia, Comoros, Côte
d'Ivoire, Cuba, Cyprus, Czechoslovakia, Democratic People's Republic of
Korea, Denmark, Djibouti, Ecuador, Egypt, Estonia, Ethiopia, Federated
States of Micronesia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana,
Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary,
Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan,
Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon,
Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar,
Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania,
Mauritius, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal,
Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman,
Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland,
Portugal, Qatar, Republic of Korea, Romania, Rwanda, Saint Kitts and Nevis,
Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and
Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore,
Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Swaziland,
Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,
Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United
Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen,
Yugoslavia, Zambia, Zimbabwe.
Against: Israel.
Abstaining: Barbados*, Dominica, Dominican Republic, United States.
Absent: Angola*, Cameroon*, Congo, Costa Rica, El Salvador,
Guinea-Bissau, Zaire.
____________
*Later advised the Secretariat that it had intended to vote in favour.