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Titolo: Sovranità palestinese sui TO

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UNITED
NATIONS
--------------------------------------------------
 General Assembly Distr.
GENERAL
  A/58/493
18 December 2003
English
Original: Spanish
----------------------------------------------------------------------------
Fifty-eighth session
Agenda item 103
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
Report of the Second Committee
Rapporteur: Mr. José Alberto Briz Gutiérrez (Guatemala)
I. Introduction
1. At its 2nd plenary meeting, on 19 September 2003, the General Assembly,
on the recommendation of the General Committee, decided to include in the
agenda of its fifty-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" and to allocate it to the Second Committee.
2. The Second Committee considered the item at its 30th, 31st, 35th and 36th
meetings, on 7, 10, 17 November and 9 December 2003. An account of the
Committee's discussion of the item is contained in the relevant summary
records (A/C.2/58/SR.30, 31, 35 and 36). Attention is also drawn to the
general debate held by the Committee at its 2nd to 6th meetings, from 6 to 9
October 2003 (see A/C.2/58/SR.2-6).
3. For its consideration of the item, the Committee had before it the
following documents:
(a) 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
Jerusalem, and of the Arab population in the occupied Syrian Golan
(A/58/75-E/2003/21);
(b) Letter dated 3 October 2003 from the Permanent Representative of the
Islamic Republic of Iran to the United Nations addressed to the
Secretary-General, transmitting the final communiqué of the annual
coordination meeting of Ministers for Foreign Affairs of the Organization of
the Islamic Conference, held at United Nations Headquarters on 30 September
2003 (A/58/415-S/2003/952).
4. At the 30th meeting, on 7 November, the Chief of the Regional Commissions
New York Office made an introductory statement (see A/C.2/58/SR.30).
II. Consideration of draft resolution A/C.2/58/L.36 and Rev.1
5. At the 35th meeting, on 17 November, the representative of Egypt, on
behalf of Algeria, Bahrain, Bangladesh, the Comoros, Djibouti, Egypt,
Indonesia, Jordan, Lebanon,1/ Malaysia, Morocco, Oman, Qatar, Saudi Arabia,
Senegal, Somalia, the Sudan, Tunisia, Yemen and Palestine, introduced a
draft resolution 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"
(A/C.2/58/L.36), which read:
"The General Assembly,
"Recalling its resolution 57/269 of 20 December 2002, and taking note of
Economic and Social Council resolution 2003/59 of 24 July 2003,
"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,
"Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, to the
Occupied Palestinian Territory, including East Jerusalem, and other Arab
territories occupied by Israel since 1967,
"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 concern also at the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied
Palestinian Territory during the recent period, including the uprooting of a
vast number of olive trees,
"Aware of the detrimental impact of the Israeli settlements on Palestinian
and other Arab natural resources, especially the confiscation of land and
the forced diversion of water resources, and of the dire economic and social
consequences in this regard,
"Aware also of the detrimental impact on Palestinian natural resources of
the expansionist wall being constructed by Israel in the Occupied
Palestinian Territory, including in and around East Jerusalem, and of its
grave effect on the 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), 425 (1978) and 1397 (2002), the principle of land
for peace and the Quartet Road Map to a Permanent Two-State Solution to the
Israeli-Palestinian Conflict, and for the achievement of a final settlement
on all tracks,
"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 Jerusalem, and of the Arab population in the occupied Syrian
Golan,
"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, 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, 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 negotiations between the Palestinian
and Israeli sides;
"4. Requests the Secretary-General to report to it at its fifty-ninth
session on the implementation of the present resolution, and decides to
include in the agenda of its fifty-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'."
6. At its 36th meeting, on 9 December, the Vice-Chairperson of the
Committee, Ms. Ulrika Cronenberg-Mossberg (Sweden) informed the Committee of
the outcome of the informal consultations held on draft resolution
A/C.2/58/L.36 and drew the Committee's attention to a revised draft
resolution (A/C.2/58/L.36/Rev.1), submitted by the sponsors of draft
resolution A/C.2/58/L.36 and Brunei Darussalam, Chad, Cuba, Lesotho, Mali,
Malta, Namibia and Pakistan.
7. At the same meeting, the Committee adopted draft resolution
A/C.2/58/L.36/Rev.1 by a recorded vote of 142 to 4, with 9 abstentions (see
para. 9). The voting was as follows:
In favour:
Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria,
Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium,
Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria,
Burkina Faso, Burundi, Cambodia, Canada, Cape Verde, Chile, China, Colombia,
Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's
Republic of Korea, Denmark, Djibouti, Ecuador, Egypt, Eritrea, Estonia,
Ethiopia, Fiji, Finland, France, Gabon, Georgia, Germany, Ghana, Greece,
Grenada, Guatemala, Guyana, Haiti, Hungary, Iceland, India, Indonesia, Iran
(Islamic Republic of), Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan,
Kenya, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho,
Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar,
Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Monaco, Mongolia,
Morocco, Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand,
Niger, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland,
Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saint
Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia and
Montenegro, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, South
Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab
Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia,
Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine,
United Arab Emirates, United Kingdom of Great Britain and Northern Ireland,
United Republic of Tanzania, Uruguay, Venezuela, Viet Nam, Yemen, Zambia,
Zimbabwe.
Against:
Israel, Marshall Islands, Micronesia (Federated States of), United States of
America.
Abstaining:
Australia, Cameroon, Costa Rica, El Salvador, Nauru, Nicaragua, Papua New
Guinea, Rwanda, Tuvalu.
8. After the adoption of the draft resolution, statements were made by the
representatives of Japan, Italy (on behalf of the Member States of the
United Nations that are members of the European Union) and the United Arab
Emirates (see A/C.2/58/SR.36).
III. Recommendation of the Second Committee
9. The Second Committee recommends to the General Assembly the adoption of
the following draft resolution:
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 57/269 of 20 December 2002, and taking note of
Economic and Social Council resolution 2003/59 of 24 July 2003,
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,
Reaffirming the applicability of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949, 2/ to the
Occupied Palestinian Territory, including East Jerusalem, and other Arab
territories occupied by Israel since 1967,
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 concern also at the extensive destruction by Israel, the
occupying Power, of agricultural land and orchards in the Occupied
Palestinian Territory during the recent period, including the uprooting of a
vast number of olive trees,
Aware of the detrimental impact of the Israeli settlements on Palestinian
and other Arab natural resources, especially the confiscation of land and
the forced diversion of water resources, and of the dire economic and social
consequences in this regard,
Aware also of the detrimental impact on Palestinian natural resources of the
wall being constructed by Israel inside the Occupied Palestinian Territory,
including in and around East Jerusalem, and of its grave effect on the
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), 425 (1978) and 1397 (2002), the principle of land for
peace and the Quartet performance-based road map to a permanent two-State
solution to the Israeli-Palestinian conflict, 3/ as endorsed by the Security
Council in its resolution 1515 (2003) of 19 November 2003, and for the
achievement of a final settlement on all tracks,
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 Jerusalem, and of the Arab population in the occupied Syrian
Golan,4/
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, 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, 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 negotiations between the Palestinian
and Israeli sides;
4. Requests the Secretary-General to report to it at its fifty-ninth session
on the implementation of the present resolution, and decides to include in
the agenda of its fifty-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".
-----
1/ Lebanon was inadvertently included in the list of sponsors.
2/ United Nations, Treaty Series, vol. 75, No. 973.
3/ See S/2003/529, annex.
4/ A/58/75-E/2003/21.

 adoption of the following draft resolution:
Cioe' l'Assemblea Generale non l'ha votata.
-Stefano