{"id":209755,"date":"1997-12-31T00:00:00","date_gmt":"2019-03-12T19:49:17","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=209755"},"modified":"2019-03-12T19:49:17","modified_gmt":"2019-03-12T19:49:17","slug":"auto-insert-209755","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-209755\/","title":{"rendered":"Yearbook of the United Nations 1997 (excerpts)"},"content":{"rendered":"
YEARBOOK OF THE ±¬ÁÏÍøITED NATIONS<\/strong><\/p><\/div>\n 1997<\/strong><\/p><\/div>\n <\/p>\n VOLUME 51<\/strong><\/p><\/div>\n <\/p>\n United Nations Publication<\/p><\/div>\n Sales No. E.00.I.1<\/p><\/div>\n <\/p>\n Contents<\/strong><\/p><\/div>\n <\/p>\n …<\/p><\/div>\n <\/p>\n VI.\t<\/span>MIDDLE EAST<\/p><\/div>\n <\/p>\n Peace Process, 384: Overall situation, 384; Occupied territories, 384. ISSUES RELATED TO PALESTINE, 427: General aspects, 427; Assistance to Palestinians, 437; The ±¬ÁÏÍø and Palestinian refugees, 440. PEACEKEEPING OPERATIONS, 456: Lebanon, 456; Syrian Arab Republic, 465.<\/p><\/div>\n <\/p>\n …<\/p><\/div>\n VI. Middle East<\/strong><\/p><\/div>\n <\/p>\n \t<\/span><\/strong>The Middle East peace process, which began in Madrid, Spain, in 1991, stagnated in 1997, despite efforts to get it back on track. The Protocol concerning the redeployment of the Israeli Defence Forces in Hebron, concluded in January, and other Israeli measures, including the release of all female Palestinian prisoners, inspired hope for a revival of the peace talks. However, Israel's decision to start construction of a new settlement in Jebel Abu Ghneim south of East Jerusalem in March—the first since Israel had announced in August 1996 that it would cancel the restrictions on the building of settlements imposed in 1992 by the previous Government—thwarted that positive trend and led to a dangerous and lengthy stalemate. Terrorist bombings in Israel, which took the lives of innocent people, further shook the confidence between Israelis and Palestinians and deepened the crisis. The Israel-Syrian Arab Republic and Israel-Lebanon tracks of negotiations were also stalled.<\/p><\/div>\n <\/p>\n \t<\/span>In view of Israel's renewed settlement activities, the Security Council met twice in March, but failed to adopt the two draft resolutions before it, which would have requested Israel to stop construction of the Jebel Abu Ghneim settlement, as well as other similar activities. In the absence of action by the Council, the General Assembly, pursuant to its resolution 377 A (V) of 3 November 1950 entitled "Uniting for Peace" [Y±¬ÁÏÍø 1950, p. 193], convened in April for its tenth emergency special session, which was resumed in July and again in November. The Assembly demanded, among other things, immediate cessation of all settlement activities and other illegal Israeli measures in Jerusalem, and recommended that the High Contracting Parties to the Geneva Convention relative to the Protection of Civilians in Time of War (Fourth Geneva Convention) hold a conference on measures to enforce the Convention in the occupied Palestinian territory. A number of the 188 States parties to the Convention voiced support for the recommendation.<\/p><\/div>\n <\/p>\n \t<\/span>The ±¬ÁÏÍø system's economic and social assistance to the Palestinians, coordinated by the ±¬ÁÏÍø Special Coordinator in the Occupied Territories, was geared towards improving living conditions in the West Bank and Gaza Strip-which had deteriorated due to frequent closures of the occupied territories, in order to help create a favourable atmosphere for the peace process on the ground. Chinmaya R. Gharekhan—serving also as the Secretary-General's Representative to the multilateral peace talks—succeeded Terje Rodlarsen as Special Coordinator in February.<\/p><\/div>\n <\/p>\n \t<\/span>In 1997, the Committee on the Exercise of the Inalienable Rights of the Palestinian People continued to mobilize international support for the Palestinians. The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and other Arabs of the Occupied Territories reported to the General Assembly on the situation in the West Bank, including East Jerusalem, the Gaza Strip and the Golan Heights.<\/p><\/div>\n <\/p>\n \t<\/span>Despite ongoing serious financial problems, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (±¬ÁÏÍøRWA) maintained a wide-ranging programme of education, health, relief and social services to more than 3.4 million Palestinian refugees living both in and outside camps in the West Bank and Gaza Strip, as well as in Jordan, Lebanon and the Syrian Arab Republic. The Agency's financial crisis forced the ±¬ÁÏÍøRWA Commissioner-General to announce further austerity measures in August, including, for the first time, the introduction of school fees and a freeze on reimbursement of hospitalization costs, which provoked protests by the refugee community. Donor pledges of additional allocations enabled the Commissioner-General to revoke those measures for the time being. In view of the dire financial circumstances—which were likely to continue—donors were urged to increase their contributions to the Agency so that it could maintain the most basic and effective assistance to the refugees.<\/p><\/div>\n <\/p>\n \t<\/span>The situation in southern Lebanon remained tense and volatile during 1997, with a rising level of hostilities and an increase in the number of civilian casualties, especially during the second half of the year. ±¬ÁÏÍø Interim Force in Lebanon (±¬ÁÏÍøIFIL) pursued its efforts to limit the conflict and protect inhabitants from its consequences. The mandates of ±¬ÁÏÍøIFIL and of the United Nations Disengagement Observer Force (±¬ÁÏÍøDOF) in the Golan Heights were extended, and the United Nations. Truce Supervision Organization (<\/strong>±¬ÁÏÍøTSO), <\/strong>headquartered in Jerusalem, continued to assist both peace-keeping operations in their tasks.<\/p><\/div>\n <\/p>\n \t<\/span>By <\/strong>decision 52\/431 of 18 December, the General Assembly deferred consideration of the agenda item entitled "Armed Israeli aggression against the Iraqi nuclear installations and its grave consequences for the established international system concerning the peaceful uses of nuclear energy, the nonproliferation of nuclear weapons and international peace and security" and included it in the provisional agenda of its fifty-third (1998) session. The item had been inscribed yearly on the Assembly's agenda since 1981, following the bombing by Israel of a nuclear research centre near Baghdad [Y±¬ÁÏÍø 1981, p. 275].<\/p><\/div>\n <\/p>\n Peace process<\/strong><\/p><\/div>\n <\/p>\n Overall situation<\/strong><\/p><\/div>\n <\/p>\n \t<\/span><\/strong><\/span>In a November report [<\/span>A\/52\/581-S\/1997\/866<\/a>] on the question of Palestine (see below) and the situation in the Middle East, the Secretary-General observed that the stagnation of the Middle East peace process during the preceding year was disappointing. After prolonged and difficult talks, the signing by Israel and the Palestinian Authority <\/span>(<\/strong><\/span>pa<\/span>) <\/strong><\/span>on 17 January 1997 of a Protocol concerning the redeployment of the Israeli Defence Forces (IDF) in Hebron, had inspired the hope that confidence and mutual trust between Palestinians and Israelis would increase and create a positive environment for subsequent successful negotiations. In addition to providing for the redeployment of IDF in Hebron, the Protocol created timetables for further redeployment of IDF in the West Bank and for the resumption of the permanent status negotiations. In March, Israel approved a plan for the first redeployment in the West Bank.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>Regrettably, the Secretary-General stated, the start by Israel of construction of a settlement in Jebel (Jabal) Abu Ghneim\/Har Homa to the south of East Jerusalem in March had thwarted that positive trend and led to a dangerous and lengthy stalemate. Terrorist bombings in Israel, which took the lives of innocent people, further shook the confidence between Israelis and Palestinians and deepened the crisis in the peace talks. The Secretary-General unreservedly condemned those acts of terror, calling them despicable and an enemy of the peace negotiations, and underlined that the parties to the peace process bore responsibility for settling the Arab-Israeli conflict in a just and comprehensive manner, in accordance with Security Council resolutions <\/span>242 (1967)<\/a> [Y±¬ÁÏÍø<\/span> <\/strong><\/span>1967, p. 257] and <\/span>338 (1973)<\/a> [Y±¬ÁÏÍø 1973, p. 213]. The people of the Middle East had a right to live in peace, security, mutual respect and dignity, he stressed, and attempts to avoid implementing in full and on time the agreements signed since 1993 or to undermine them could only postpone the fulfilment of their aspirations and weaken the peace process.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>It was the Secretary-General's earnest belief, that both sides should do everything possible so that trust was restored, peace negotiations were revitalized and steady progress was ensured through the transition period, leading to a permanent settlement as envisaged by the 1993 Declaration of Principles on Interim Self-Government Arrangements [Y±¬ÁÏÍø 1993, p. 521]. Israel should refrain from unilateral actions that had the effect of preempting the outcome of the peace talks, while the PA should spare no effort in fighting terrorism effectively. He hoped that the resumption of high-level meetings in the autumn and the committee talks on outstanding issues would create momentum to get the talks back on track; progress on the Israel-Syrian Arab Republic and Israel-Lebanon tracks of negotiations was also essential for achieving a comprehensive and durable peace in the region.<\/p><\/div>\n <\/p>\n \t<\/span>±¬ÁÏÍø would continue to support the peace process, the Secretary-General concluded, politically as well as through the provision of economic and social assistance to the Palestinians facilitated by the ±¬ÁÏÍø Special Coordinator in the Occupied Territories. Improving the living conditions in the West Bank and Gaza was imperative for creating a favourable atmosphere for the peace process on the ground; in that connection, it was important that the United Nations Relief and Works Agency for Palestine Refugees in the Near East (±¬ÁÏÍøRWA) be put on a sound financial footing so that the downgrading of services to the Palestinian refugees could be avoided.<\/p><\/div>\n <\/p>\n Occupied territories Communications (19 January-3 March). <\/strong><\/p><\/div>\n <\/p>\n \t<\/span><\/strong><\/span>On 21 January [<\/span>A\/51\/782-S\/1997\/61<\/a>], Israel transmitted to the Secretary-General the text of a letter sent by the Israeli Deputy Prime Minister and Minister for Foreign Affairs to his counterparts on 19 January following the signing and implementation of the Hebron Protocol. He stated that the agreements reached were testament to the commitment of both sides to continuing the peace process through direct negotiations, cooperation, avoidance of violence and the building of mutual trust. Israel was committed to implementing existing agreements on the basis of reciprocity and to advancing peace while ensuring security, as the terrorist outrages over the previous year served as clear reminder that progress towards peace could not be achieved without safeguards. The Hebron agreements referred not only to the redeployment of Israeli military forces in the city, but also to security arrangements, joint security measures, the deployment of the Palestinian police and various civilian matters relating to the effective functioning of the city and its Israeli and Palestinian populations; both sides had to work closely together and build confidence in each other if they were to implement the agreements effectively and proceed together on the path of peace.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>Israel hoped that the Hebron agreements— brokered by the United States, with the assistance of Egypt and Jordan, and supported by the Russian Federation, the European Union (EU) and other members of the international community-dispelled the many doubts raised as to its commitment to the peace process, and it believed that the foundations had been established for continuing negotiations. The Deputy Prime Minister said it was now vital to push forward on all fronts of the peace process—the permanent status negotiations with the Palestinians, the negotiations with Syria and Lebanon, and the multilateral working groups to which Israel attached special significance. Israel would also continue to pursue normal relations with its neighbours, to ensure that the peace to be negotiated would be lasting; it was imperative that its relations with the countries of the Arab world and the growing regional cooperation not be used as pawns in the negotiating process; efforts to do so would not only damage mutual interests but also undermine the peoples' fundamental belief in peace, the Deputy Prime Minister stressed.<\/p><\/div>\n <\/p>\n \t<\/span>By a communique issued on 31 January [<\/span>A\/51\/792-S\/1997\/100<\/a>], the Palestinian leadership expressed concern over recent decisions taken by the Israeli Government and military leaders which, they warned, threatened to bring about the failure of all efforts to get the peace process back on track. They reported that on 19 January-two days after the signing of the Hebron Protocol—a decree was issued forbidding the inhabitants of the old city of Hebron from making repairs to their houses and Israeli forces began arresting all those doing so. On 27 January, they noted, the occupation forces expelled the Arab al-Jahalin tribe from their dwellings in the Abu Dis area of Jerusalem in order to make room for the expansion of the Maaleh Adumim settlement, and prohibited the use of the Bilal Mosque, locking the building.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>In recent weeks, the Palestinian leaders charged, Israel had taken a number of decisions approving the expansion of Israeli settlements on Palestinian land, including the Holy City of Jerusalem. The identity cards of Palestinian residents of the city had been withdrawn, the appropriation of land and the continuing construction of bypass roads authorized, houses demolished and their inhabitants expelled. Israel's policy of closure, blockade and suppression continued to be implemented against the Palestinians, with shipments of food and medical supplies being held up for lengthy periods at international crossing points and in the ports.<\/p><\/div>\n <\/p>\n \t<\/span>Furthermore, the Palestinian leaders said, Israel had announced on 25 January that 70 million new shekels, due to the PA in respect of taxes and customs for the previous month, would not be transferred as part of the blockade against the Authority; the outstanding accounts and monies owed to the Authority amounted to some hundreds of millions of dollars. In an effort to tighten its blockade and prevent the export of Palestinian goods, Israel had also prohibited the operation of Gaza's international airport for more than six months, which resulted in daily losses of over $7 million. European companies were prevented from starting work on the construction of the Gaza seaport, to be financed mainly by France and the Netherlands. Israel was also creating obstacles to safe passage between the West Bank and the Gaza Strip, and, so far, the Joint Commission on the release of women prisoners and other detainees had not met.<\/p><\/div>\n <\/p>\n \t<\/span>The pursuit of such practices, said the Palestinian leadership, threatened to cause the failure of all the efforts to get the peace process back on track and to ensure the faithful application of the agreements signed, as well as the efforts towards the resumption of the final status negotiations on the basis of the agreed agenda, which included the issues of Jerusalem, borders, settlements and refugees. They called on all countries, particularly the sponsors of the peace process and the Arab and Islamic States, to take immediate action to stop those practices and save the peace process. They renewed their call on Israel to desist from those measures, to annul the military decrees, to proceed with the balanced implementation of all the provisions of the 1995 Interim Agreement on the West Bank and the Gaza Strip between Israel and the Palestine Liberation Organization (PLO) [Y±¬ÁÏÍø 1995, p.626] and the settlement of outstanding issues, and to resume the final status negotiations.<\/p><\/div>\n <\/p>\n \t<\/span>On 21 February, the Permanent Observer of Palestine to the United Nations, on behalf of the Group of Arab States members of the League of Arab States (LAS), addressed identical letters [<\/span>A\/51\/805-S\/1997\/149<\/a>] to the Secretary-General and the President of the Security Council, expressing great concern at Israel's policy of taking illegal measures against the occupied Palestinian territories, including Jerusalem, as well as the occupied Syrian Arab Golan, which included continuing with the construction of settlements. Those actions, he said, violated the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) and the 1907 Hague Convention, as well as the many resolutions adopted by the Security Council and the General Assembly, and seriously endangered the Middle East peace process and the integrity of the accords concluded between the parties.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>The Arab Group drew particular attention to Israel's policies and illegal measures in occupied East Jerusalem, aimed at "Judaizing" the city—which was of vital importance to the Arab and Islamic world, as well as to the international community and the three major religions—and changing its legal status and demographic composition. Israel had confirmed its decision to build a new settlement to the south of East Jerusalem, specifically in the Jebel Abu Ghneim area, as a sequel to a series of other such decisions, including the building of a settlement in the Ras al-Amud area, within the original frontiers of the municipality of East Jerusalem. In addition, Israeli authorities had kept open the tunnel located within the Haram al-Sharif (which connected sacred and archaeologically significant sites under the western wall of the Al-Aqsa Mosque in East Jerusalem), Security Council resolution <\/span>1073 (1996) <\/a>[Y±¬ÁÏÍø 1996, p. 384] on the subject not-withstanding. It was recalled that Israel had destroyed the building belonging to the Burj al-Laqlaq association, located within the Old City, where it would appear that a new settlement was to be constructed. Israel was continuing to deprive the Palestinians of Jerusalem—who were its original inhabitants—of their "right of residence", in the context of what appeared to be a campaign to drive them out. It also further isolated East Jerusalem from the other areas of Transjordan (the West Bank), denying the Palestinians access.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>The Group of Arab States members of LAS therefore requested the Security Council to take steps to induce Israel, the occupying Power, to put an end to its policies and actions and, in particular, to renounce any settlement activity, especially in the areas of Jebel Abu Ghneim and Ras al-Amud. Any failure in that regard risked having serious consequences and disastrous sequels, they warned.<\/p><\/div>\n <\/p>\n \t<\/span>On 25 February, the Permanent Observer as Chairman of the Group of Arab States, <\/span>transmitted a<\/i><\/span> 23 February communique [<\/span>A\/51\/808-S\/1997\/157<\/a>] by the General Secretariat of LAS, in which it noted with grave anxiety Israel's decision to establish in the Jebel Abu Ghneim area a new settlement, with the alleged aim of tightening the stranglehold on AI-Quds (Jerusalem). Moreover, Israel continued to isolate East Jerusalem from the West Bank, declaring it off-limits to Palestinians and withdrawing residence permits for the city's original Arab inhabitants, which, LAS charged, constituted a deliberate "transfer" operation designed to encourage Jewish settlement in the city and to impose a fait accompli prior to the opening of the final status negotiations in March.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>The actions to increase the flow of settlers into Jerusalem and the occupied Syrian Arab Golan constituted a flagrant violation of the Fourth Geneva Convention and the 1907 Hague Convention, as well as a serious infringement of ±¬ÁÏÍø resolutions; Israel's persistence in establishing settlements in the occupied Arab territories would have awkward consequences for the Middle East peace process. Accordingly, the Security Council and the co-sponsors of the peace process, the United States in particular, were urged to take prompt action to compel Israel to desist from those settlement activities, especially in Jerusalem.<\/p><\/div>\n <\/p>\n \t<\/span>On 27 February [<\/span>S\/1997\/165<\/a>], the Permanent Observer, on behalf of the Arab Group, requested that an immediate Security Council meeting be held in order to consider Israel's illegal settlement activity, above all in Jerusalem. That request was supported by the Acting Chairman of the Committee on the Exercise of the Inalienable Rights of the Palestinian People (Committee on Palestinian Rights) in identical letters of 28 February [<\/span>A\/51\/812-S\/1997\/172<\/a>] to the Secretary-General and the Council President.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>Responding to the Palestinian leadership's 31 January communique, Israel, by a 3 March letter [<\/span>A\/51\/814-S\/1997\/177<\/a>], pointed out that a number of matters referred to in the communique were currently receiving the joint attention of both Palestinians and Israel, and many of the issues raised had already been resolved or were in the process of being resolved. Israel felt that the outstanding issues should be settled directly between the two sides through the agreed channels; attempts to politicize them and invite international pressure could only damage the trust between the parties and be counterproductive. Israel therefore called on the international community to encourage the Palestinians to resolve those matters face to face with Israel, which, for its part, proposed to raise its own concerns regarding compliance by the Palestinians with their obligations directly and in the appropriate forums. Israel expressed particular concern at the threat that, if Palestinian demands were not met, the peoples of the region would return to their former positions of confrontation and struggle; veiled threats of violence undermined the foundations of dialogue and damaged the prospects of progress in negotiations, Israel believed.<\/span><\/p><\/div>\n <\/p>\n SECURITY CO±¬ÁÏÍøCIL CONSIDERATION (5-7 March)<\/strong><\/p><\/div>\n <\/p>\n \t<\/span>At the request of the Permanent Observer of Palestine [S\/1997\/165], the Security Council, on 5 and 6 March, discussed the situation in the occupied Arab territories [meeting 3745]. With the Council's consent, the Council President invited Afghanistan, Algeria, Argentina, Bahrain, Bangladesh, Brazil, Canada, Colombia, Cuba, Indonesia, Iran, Israel, Jordan, Kuwait, Lebanon, Malaysia, Malta, Morocco, the Netherlands, Norway, Oman, Pakistan, the Philippines, Qatar, Saudi Arabia, the Sudan, the Syrian Arab Republic, Tunisia, Turkey, the United Arab Emirates and Yemen, at their request, to participate in the discussion without the right to vote. The President also invited the representative of Palestine to participate, at his own request [<\/span>S\/1997\/194<\/a>] and in accordance with the Council's provisional rules of procedure and previous practice. Invitations were also extended to the Permanent Observer of the Organization of the Islamic Conference (OIC), at the request of Indonesia [S\/1997\/196], and to the Chairman of the Committee on Palestinian Rights, at his own request.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>The first speaker, the representative of Palestine, reported that Israel had decided on 26 February to build a new settlement for approximately 25,000 Israeli settlers in the area of Jebel Abu Ghneim, on land confiscated in 1991 and 1992. That construction would isolate areas of Arab Jerusalem from the southern part of the West Bank, in pursuit of a long-standing Israeli plan to build settlements around Arab neighbourhoods in order to isolate them completely from the rest of the West Bank. The measure followed a series of others that constituted a clear policy aimed at the "Judaization" of Jerusalem and at changing its legal status and demographic composition, including the intended building of a settlement of more than 132 housing units in the heart of East Jerusalem in the populated Arab quarter of Ras al-Amud, which would also overlook Al-Haram Al-Sharif and the Al-Aqsa Mosque.<\/p><\/div>\n <\/p>\n \t<\/span>The representative charged that Israel had long enforced the isolation of East Jerusalem and kept the Palestinians out of the city, in another attempt to impose a de facto situation and despite the affirmation by the international community that East Jerusalem was part of the occupied territories.<\/p><\/div>\n <\/p>\n \t<\/span>The historical shift following the signing of the 1993 Declaration of Principles [Y±¬ÁÏÍø 1993, p. 521 ] and of the 1995 Interim Agreement [Y±¬ÁÏÍø 1995, p. 6261 (the so-called Oslo agreements) had resulted in positive changes in the Middle East, as the benefits of peace began to appear on the horizon for the peoples of the region and for the whole world in general. Unfortunately, Israel had begun to pursue policies that ran counter to the spirit and logic of the peace process and to take decisions and actions that were in gross violation of the agreements reached and that aimed at altering the situation and the status of the city of Jerusalem and creating new facts on the ground that would preempt negotiations and render them useless. If the peace process was to succeed, those measures could not continue. There would be no peace in the region without the attainment of Palestinian and Arab rights in the Holy City. Israel had to cease construction of the colonial settlement in Jebel Abu Ghneim and promptly cease all settlement activities and confiscation of land, especially in occupied East Jerusalem. The Council should adopt a clear resolution in order to guarantee respect for its relevant resolutions and for international law and to save the peace process; such goals fell within its responsibility to preserve international peace and security.<\/p><\/div>\n <\/p>\n \t<\/span>Israel pointed out that Jerusalem had been the capital of the State of Israel since its rebirth in 1948 and the seat of Jewish Government since its establishment by King David some 3,000 years earlier. Since that time, the thoughts, hopes and prayers of the entire Jewish people had been focused on Jerusalem, whose centrality to Judaism transcended geographical boundaries. Currently, it was Israel's largest city, home to 578,000 residents, of whom 71.2 per cent were Jewish. The Israeli Government had unanimously approved construction in Har Homa\/Jebel Abu Ghneim and in 10 predominantly Arab neighbourhoods throughout Jerusalem. The new neighbourhood of Har Homa, to be located in an unpopulated area in southern Jerusalem, within the city's municipal boundaries, would eventually consist of 6,500 housing units; 75 percent of the land for the project was owned by individual Jews.<\/p><\/div>\n <\/p>\n \t<\/span>Jerusalem was in the midst of an unprecedented surge of planning and development. The Har Homa project was an essential part of a comprehensive municipal plan to construct 20,000 new housing units for Jerusalem's Jewish residents and 8,500 for its Arab residents—a ratio comparable to that of both its populations. Concurrently with the construction of Har Homa, infrastructure work for the construction of 3,000 housing units in 10 of the city's predominantly Arab neighbourhoods was to begin, with the purpose of alleviating the shortage of housing for both populations.<\/p><\/div>\n <\/p>\n \t<\/span>The coming years would be crucial for the Arab-Israeli peace process, Israel stated; during that time, the international community would have to exhibit restraint, understanding and trust in the determination of Israel and its neighbours to advance the peace process. Israel regretted that the Council once again saw fit to discuss issues of contention between Israel and the Palestinians; the PLO's very appeal to the Council was inconsistent with its explicit agreement to settle all issues under dispute through negotiations. The two parties were currently making progress in negotiations and reconciliation, and the peace process had thus far succeeded in establishing a new modus vivendi<\/i> between them. Most recently, that was expressed in the Hebron Protocol and through the establishment of timetables for resuming the negotiation of the permanent status and further redeployment of IDF in the West Bank.<\/p><\/div>\n <\/p>\n \t<\/span>Regrettably, Israel continued, some speakers in the Council failed to differentiate between the issue of Jerusalem and its neighbourhoods and the issue of settlements in the West Bank and the Gaza Strip, which were to be negotiated separately within the context of permanent status negotiations. In agreeing that the issue of Jerusalem was to be part of permanent status negotiations, the parties recognized Jerusalem as a separate issue, with the city's status remaining unchanged so long as no decision to the contrary was taken in those negotiations. Therefore, Israel stressed, the approval of building plans within the city or the implementation of any construction work did not constitute a change in Jerusalem's status; neither did it create a situation that could adversely affect the permanent status negotiations. In any event, since the existing agreements did not accord the Palestinian authorities any powers or responsibilities in Jerusalem, Israel was under no obligation to coordinate its actions with them or to consult with them.<\/p><\/div>\n <\/p>\n \t<\/span>After hearing 49 speakers, the Council, on 7 March [meeting 3747), voted on a draft resolution [<\/span>S\/1997\/199<\/a>] submitted by France, Portugal, Sweden and the United Kingdom, by which the Council would have called on Israel to refrain from all actions or measures, including settlement activities, which altered the facts on the ground, preempting the final status negotiations, and had negative implications for the peace process. It would have further called on Israel to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention, and called on all parties to continue their negotiations within the peace process.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>The draft resolution received 14 votes in favour to 1 against (United States), and was not adopted owing to the negative vote of a permanent Council member.<\/p><\/div>\n <\/p>\n \t<\/span>Speaking before the vote, Costa Rica stated that it had supported the draft text originally presented by the EU<\/i> countries on the understanding that its content would accurately reflect what was expressed in the debate. An important point, Costa Rica said, would have been to preserve the unity of that message; unfortunately, however, the negotiation process took a different path and consensus was not reached. The Middle East peace process needed unity of purpose and that should be the Council's message to the parties. Although unity in the Council had not been maintained, Costa Rica would vote for the draft text because the spirit of Oslo had to be upheld at all costs as the only way towards a stable and lasting peace.<\/p><\/div>\n <\/p>\n \t<\/span>Egypt believed that the draft resolution was balanced and avoided confrontation and represented a Council reaction that was commensurate with the gravity of Israel's decision on Jebel Abu Ghneim. The text expressed in form and content the commitment to the Charter of the United Nations and the norms of international law; it also reflected the EU support for the peace process, as well as the sentiments of grave concern expressed by many delegations over the expansion of Israeli settlement activity, which was in contravention of the legal commitments Israel had entered into with the PA.<\/p><\/div>\n <\/p>\n \t<\/span>Explaining its negative vote, the United States said it shared the concern expressed by many Council members about Israel's decision to commence construction in Har Homa\/Jcbel Abu Ghneim, which ran counter to the progress and achievements of the parties to date and was not helpful to the peace process. Building the trust and confidence needed to create the environment for successful negotiations, especially on the difficult issues involved in the permanent status talks, required the parties to take special care to avoid preemptive actions that prejudged outcomes. However, the Member States of the United Nations had to take great care to respond in a way that would bolster, not batter, the negotiating process and encourage the partners in peace. Despite its useful role in working for Middle East peace, the Council was not an appropriate forum for debating issues under negotiation between the parties. Unfortunately, the draft resolution would not have helped; it made sweeping statements on the legal status of Israeli settlements, which the parties themselves had agreed to treat as a permanent status issue in the talks that were about to resume. The Council should reiterate support for the achievements of the partners to date and respect their commitment to working together towards their common goal—a peaceful and prosperous Middle East—without the interference of outside parties.<\/p><\/div>\n <\/p>\n \t<\/span>In the view of the representative of Palestine, the central importance of Jerusalem and the grave danger posed by Israel's decision required the Palestinians and Arabs to insist that the Council adopt a clear draft resolution on the question. Despite the moderation and flexible timing of the text and accommodation of certain requirements, the Council had been unable to assume its responsibilities because one permanent member exercised its right of veto. The Council's inaction stood in stark contrast to the collective position of the international community, the great potential damage of Israel's decision, its impact on the peace process and the harm wrought by the Council's failure to adopt the submitted text. The Council remained responsible for international peace and security, including in the Middle East, the representative stressed; the peace process and the Palestinian-Israeli agreements had not ended the responsibilities of the United Nations or provided a reason for the Council not to intervene—especially when those agreements had been violated.<\/p><\/div>\n <\/p>\n \t<\/span>Some States seemed to suggest that Israel had the right to take unilateral steps and impose new realities on the ground, the representative continued, while the Palestinian side should commit itself to resolving through negotiations the problems resulting from those steps. The Palestinians would not change their position on Jerusalem and their historical rights in the city, which was a central issue to them; in view of the Council's failure to fulfil its obligations, they would request the ±¬ÁÏÍø Members to agree to an emergency meeting of the General Assembly.<\/p><\/div>\n <\/p>\n \t<\/span>Since the Council had decided not to take any action regarding the decision to begin construction in Har Homa and in 10 predominantly Arab neighbourhoods throughout Jerusalem, Israel stated, it hoped that the sponsors of the proposed resolution would recognize that the Council was not the appropriate forum for discussing outstanding issues between Israel and the Palestinians. The peace process was founded on direct, open and substantial dialogue between the two sides, which had brought about historic progress; the adoption of unbalanced positions by outside parties could only damage that process. The permanent status negotiations between Israel and the Palestinians would be resumed later in the month, and issues such as Jerusalem would be discussed.<\/p><\/div>\n <\/p>\n GENERAL ASSEMBLY ACTION<\/strong><\/p><\/div>\n <\/p>\n \t<\/span><\/strong><\/span>In accordance with requests by Qatar, as Chairman of the Group of Arab States [<\/span>A\/51\/822<\/a>], and Colombia, as Chairman of the Coordinating Bureau of the Movement of Non-Aligned Countries [<\/span>A\/51\/823<\/a>], the General Assembly convened on 12 March [meetings 91 & 92 to consider the situation in the Middle East, together with the question of Palestine.<\/span><\/p><\/div>\n <\/p>\n \t<\/span>The Observer of Palestine stated that Palestine had come before the Assembly following the Council's failure to carry out its duties under the Charter due to the use of the veto power by the United States. The international community should reiterate its firm position with regard to the consequences of Israel's illegal policies, and reaffirm that all its measures aimed at changing the legal status and demographic composition of Jerusalem were null and void; that Israeli settlements were illegal and a great obstacle on the road to peace; that the plight of the Palestinian refugees had to be resolved through their right to return or through compensation; and that the acquisition of territory by acts of war was inadmissible. The Assembly's action should focus on Israel's behaviour, which seemingly aimed at retaining a large portion of the occupied territory, including East Jerusalem, and at preventing the Palestinians from enjoying their inalienable rights; such designs totally contradicted the mutual recognition of Israel and the PLO and the text and spirit of the agreements reached, which specified the goal of the process—implementation of Security Council resolutions 242 (1967) [Y±¬ÁÏÍø 1967; p.257] and 338 (1973) [Y±¬ÁÏÍø 1973, p. 213]. The solution was to guarantee Israel's actual compliance with the agreements reached and their complete implementation in accordance with the agreed timetables.<\/p><\/div>\n <\/p>\n \t<\/span>In Israel's view, there was no substitute for direct negotiations, through which the 1993 Declaration of Principles and all subsequent agreements had been reached. Israel's sincere hope was that the Hebron Protocol, which created timetables for further redeployment of Israeli forces in the West Bank and for the imminent resumption of the permanent status negotiations, as well as other measures taken by Israel—the release of all female Palestinian prisoners; the formation of nine committees to discuss all outstanding issues, such as the construction of a Gaza airport and seaport and safe passage; and steps to address the economic situation in the West Bank and Gaza Strip, including raising to 70,000 the number of Palestinians allowed to work in Israel—would increase mutual trust and create an atmosphere conducive to the peace process. However, despite the progress achieved, the Palestinians, whenever contentious issues arose, instead of seeking redress through direct negotiation, ran to third parties and bodies not involved in the peace process, with the hope of imposing their positions on Israel. ±¬ÁÏÍø was not the appropriate forum for discussing such issues, Israel stated, and the multitude of ±¬ÁÏÍø resolutions relating to the Arab-Israeli conflict had failed to advance the peace process even one inch; direct negotiations, beginning in Madrid and continuing for the better part of the decade, had proved the only way to advance the cause of peace.<\/p><\/div>\n <\/p>\n \t<\/span>It was important to distinguish, Israel stressed, between the issue of Jerusalem and that of the settlements, which were separate and would be discussed in the context of the permanent status negotiations scheduled to resume later in the month. Israel concluded that its message to the international community was to support the peace process, but not to adopt one-sided positions aimed at prejudging and predetermining the outcome of the negotiations.<\/p><\/div>\n <\/p>\n \t<\/span>During the debate, which featured 30 speakers, widespread concern was expressed at the planned construction of the settlement at Har Homa\/Jebel Abu Ghneim, as well as at the recent acts of terrorism, both seen as obstacles to the peace process.<\/p><\/div>\n <\/p>\n \t<\/span><\/span>On<\/span> 13 March [meeting 93], the Assembly adopted <\/span>resolution <\/span>51\/223<\/a> [draft: A\/51\/L.68 & Add.l] by recorded vote (130-2-2) [agenda items 33 & 35].<\/span><\/p><\/div>\n <\/p>\n Israeli settlement activities in the occupied Palestinian territory, in particular in occupied East Jerusalem<\/strong><\/p><\/div>\n <\/p>\n \t<\/span><\/strong>The General Assembly,<\/i><\/p><\/div>\n <\/p>\n