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UNITED NATIONS
COMMISSION ON HUMAN RIGHTS
UNITED
NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2003/L.3
31 March 2003
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-ninth session
Agenda item 8
QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE OCCUPIED
ARAB TERRITORIES, INCLUDING PALESTINE
Algeria, Bahrain, Cuba, Democratic People's Republic of Korea*, Egypt*,
Jordan*, Kuwait*, Lebanon*, Libyan Arab Jamahiriya, Malaysia, Morocco*,
Oman*, Pakistan, Qatar*, Saudi Arabia, Sudan, Syrian Arab Republic,
Tunisia*, United Arab Emirates*, Yemen*, Zimbabwe: draft resolution
2003/… Human rights in the occupied Syrian Golan
The Commission on Human Rights,
Deeply concerned at the suffering of the Syrian citizens in the occupied
Syrian Golan
due to the violation of their fundamental and human rights since the Israeli
military occupation
of 1967,
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Recalling also all relevant General Assembly resolutions, including the
latest,
resolution 57/112 of 3 December 2002 in which the Assembly declared that
Israel had failed to
comply with Security Council resolution 497 (1981) and demanded that Israel
withdraw from
all the occupied Syrian Golan,
* In accordance with rule 69, paragraph 3, of the rules of procedure of
the functional
commissions of the Economic and Social Council.
GE.03-12566 (E) 010403
E/CN.4/2003/L.3
page 2
Reaffirming once more the illegality of Israel's decision of 14 December
1981 to impose
its laws, jurisdiction and administration on the occupied Syrian Golan,
which has resulted in the
effective annexation of that territory,
Reaffirming the principle of non-acquisition of territory by force in
accordance with the
Charter of the United Nations and the principles of international law,
Taking note with deep concern of the report of the Special Committee to
Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People
and Other Arabs of the
Occupied Territories (A/57/207) of 16 September 2002 and, in this connection,
deploring the
Israeli settlement in the occupied Arab territories and regretting Israel's
constant refusal to
cooperate with and to receive the Special Committee,
Guided by the relevant provisions of the Charter of the United Nations,
international law
and the Universal Declaration of Human Rights, and reaffirming the applicability
of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War,
of 12 August 1949,
and the relevant provisions of the Hague Conventions of 1899 and 1907
to the occupied
Syrian Golan,
Reaffirming the importance of the peace process which started in Madrid
on the basis of
Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973)
of
22 October 1973 and the principle of land for peace, and expressing its
concern at the stoppage
of the peace process in the Middle East, and its hope that peace talks
will be resumed on the
basis of the full implementation of Security Council resolutions 242 (1967)
and 338 (1973) for
the establishment of a just and comprehensive peace in the region,
Reaffirming its previous relevant resolutions, the most recent being resolution
2002/6 of
12 April 2002,
1. Calls upon Israel, the occupying Power, to comply with the relevant
resolutions
of the General Assembly and of the Security Council, particularly resolution
497 (1981) of
17 December 1981, in which the Council decided, inter alia, that the Israeli
decision to impose
its laws, jurisdiction and administration on the occupied Syrian Golan
is null and void and
without international legal effect, and demanded that Israel should rescind
forthwith its decision;
2. Also calls upon Israel to desist from changing the physical character,
demographic composition, institutional structure and legal status of the
occupied Syrian Golan,
and emphasizes that the displaced persons of the population of the occupied
Syrian Golan must
be allowed to return to their homes and to recover their properties;
E/CN.4/2003/L.3
page 3
3. Further calls upon Israel to desist from imposing Israeli citizenship
and Israeli
identity cards on the Syrian citizens in the occupied Syrian Golan and
to desist from its
repressive measures against them, and from all other practices mentioned
in the report of the
Special Committee to Investigate Israeli Practices Affecting the Human
Rights of the Palestinian
People and Other Arabs of the Occupied Territories;
4. Determines that all legislative and administrative measures and actions
taken or to
be taken by Israel, the occupying Power, that purport to alter the character
and legal status of the
occupied Syrian Golan are null and void, constitute a flagrant violation
of international law and
of the Geneva Convention relative to the Protection of Civilian Persons
in Time of War and have
no legal effect ;
5. Calls once again upon Member States not to recognize any of the legislative
or
administrative measures and actions referred to above;
6. Requests the Secretary-General to bring the present resolution to the
attention of
all Governments, the competent United Nations organs, the specialized
agencies, regional
intergovernmental organizations and international humanitarian organizations
and to give it the
widest possible publicity, and to report to the Commission on Human Rights
at its sixtieth
session;
7. Decides to include in the provisional agenda of its sixtieth session,
as a matter of
high priority, the item entitled "Question of the violation of human
rights in the occupied Arab
territories, including Palestine.
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