{"id":176654,"date":"2000-04-17T00:00:00","date_gmt":"2019-03-11T20:21:38","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=176654"},"modified":"2019-03-11T20:21:38","modified_gmt":"2019-03-11T20:21:38","slug":"auto-insert-176654","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-176654\/","title":{"rendered":"CHR 56th session – Resolutions on human rights, settlements – Draft report to ECOSOC – (Addendum – excerpts)"},"content":{"rendered":"
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\t<\/span><\/p><\/div>\n

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REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE <\/strong><\/p><\/div>\n

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FIFTY-SIXTH SESSION OF THE COMMISSION<\/strong><\/p><\/div>\n

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Draft report of the Commission<\/u><\/p><\/div>\n

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Rapporteur<\/u>:  Ms. Marie GERVAIS-VIDRICAIRE<\/p><\/div>\n

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CONTENTS*<\/p><\/div>\n

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\/…\t<\/span><\/p><\/div>\n

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\t\t<\/span>A.\t<\/span>Resolutions<\/u><\/p><\/div>\n

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\t\t\t<\/span>2000\/6.\t<\/span>Question of the violation of human rights in the occupied<\/p><\/div>\n

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\t\t\t\t\t<\/span>Arab territories, including Palestine\t<\/span><\/p><\/div>\n

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\t\t\t<\/span>2000\/7.\t<\/span>Human rights in the occupied Syrian Golan\t<\/span><\/p><\/div>\n

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\t\t\t<\/span>2000\/8\t<\/span>Israeli settlements in the occupied Arab territories\t<\/span><\/p><\/div>\n

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\t\t\t<\/span><\/p><\/div>\n

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_______________<\/p><\/div>\n

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*  Documents E\/CN.4\/2000\/L.10 and addenda will contain the chapters of the report relating to the organization of the session and the various items on the agenda.  Resolutions and decisions adopted by the Commission, as well as draft resolutions and decisions for action by, and other matters of concern to, the Economic and Social Council will be contained in documents E\/CN.4\/2000\/L.11 and addenda.<\/p><\/div>\n

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\/…<\/p><\/div>\n

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A. Resolutions<\/u><\/p><\/div>\n

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2000\/6.  Question of the violation of human rights in the occupied <\/u>Arab territories, including Palestine<\/u><\/p><\/div>\n

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\t<\/span>The Commission on Human Rights<\/u>,<\/p><\/div>\n

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\t<\/span>Guided by<\/u> the purposes and principles of the Charter of the United Nations, as well as by the provisions of the Universal Declaration of Human Rights,<\/p><\/div>\n

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\t<\/span>Guided also<\/u> by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,<\/p><\/div>\n

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\t<\/span>Taking into consideration<\/u> the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the provisions of Additional Protocol I thereto, and the Hague Convention IV of 1907,<\/p><\/div>\n

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\t<\/span>Recalling<\/u> the resolutions of the Security Council, the General Assembly and the Commission on Human Rights related to the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War to the Occupied Palestinian Territory, including East Jerusalem, and other occupied Arab territories,<\/p><\/div>\n

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\t<\/span>Recalling also<\/u> the General Assembly resolutions on Israeli violations of human rights in the Occupied Palestinian Territory, including East Jerusalem, occupied since 1967,<\/p><\/div>\n

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\t<\/span>Recalling further<\/u> the provisions of the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in June 1993 (A\/CONF.157\/23),<\/p><\/div>\n

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\t<\/span>Taking note<\/u> of the report (E\/CN.4\/2000\/25) of the Special Rapporteur, Mr. Giorgio Giacomelli, regarding his mission undertaken in accordance with Commission resolution 1993\/2 A of 19 February 1993,<\/p><\/div>\n

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\t<\/span>Taking note also<\/u> of the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories submitted to the General Assembly since 1968, including the latest (A\/54\/325 of 8 September 1999, A\/54\/73\/Add.1 of 7 September 1999 and A\/54\/73 of 13 April 1999),<\/p><\/div>\n

<\/p>\n

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\t<\/span>Noting with great concern<\/u> the continued Israeli refusal to abide by the resolutions of the Security Council, the General Assembly and the Commission on Human Rights calling upon Israel to put an end to the violations of human rights, and affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,<\/p><\/div>\n

<\/p>\n

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\t<\/span>Gravely concerned<\/u> at the stagnation of the peace process because of the contempt of the Government of Israel for the principles on which that process was based, and its refusal to carry out its commitments in line with the agreements it signed with the Palestine Liberation Organization, on the basis of land for peace, in Washington, Cairo, Hebron, Wye River and Sharm El-Sheik,<\/p><\/div>\n

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\t<\/span>Recalling<\/u> all its previous resolutions on the subject, including the latest, resolution 1999\/5 of 23 April 1999,<\/p><\/div>\n

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\t<\/span>1.\t<\/span>Condemns<\/u> the continued violations of human rights in the Occupied Palestinian Territory, including East Jerusalem, in particular the continuation of acts of wounding and killing perpetrated by Israeli soldiers and settlers against Palestinians, in addition to the detention of thousands of Palestinians without trial, the continuation of the confiscation of Palestinian lands, the extension and the establishment of Israeli settlements thereon, the confiscation of Palestinian property and expropriation of their land, the demolition of Palestinian homes and the uprooting of fruit trees, and calls upon Israel to cease immediately these acts, which constitute grave violations of human rights and of the principles of international law and also constitute a major obstacle in the way of the peace process;<\/p><\/div>\n

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\t<\/span>2.\t<\/span>Also condemns<\/u> the expropriation of Palestinian homes in Jerusalem, the revocation of identity cards of the citizens of the Palestinian city of Jerusalem, the imposition of fabricated and exorbitant taxes with the aim of forcing the Palestinian citizens of Jerusalem, who cannot afford to pay these high taxes, out of their homes and out of their city, preparing in this way the path for the Judaization of Jerusalem, and calls upon the Government of Israel to put an end immediately to these practices;<\/p><\/div>\n

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\t<\/span>3.\t<\/span>Further condemns<\/u> the use of torture against Palestinians during interrogation, as it constitutes a grave breach of the principles of international humanitarian law and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and calls upon the Government of Israel to put an end immediately to the use of such practices;<\/p><\/div>\n

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\t<\/span>4.\t<\/span>Reaffirms<\/u> that all the Israeli settlements in the Palestinian territory occupied since 1967, including East Jerusalem, are illegal, constitute a flagrant violation of the provisions of the Fourth Geneva Convention of 1949 and of the principles of international law, and should be dismantled in order to achieve a just, permanent and comprehensive peace in the region of the Middle East;<\/p><\/div>\n

<\/p>\n

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\t<\/span>5.\t<\/span>Also reaffirms<\/u> that the Geneva Convention relative to the Protection of Civilian Persons in Time of War is applicable to the Palestinian territory and other Arab territories occupied by Israel since 1967, including East Jerusalem, and considers any change in the geographical and demographic status of the city of East Jerusalem from its situation prior to the June 1967 war to be illegal and void;<\/p><\/div>\n

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\t<\/span>6.\t<\/span>Calls upon<\/u> Israel to cease immediately its policy of enforcing collective punishments, such as demolition of houses and closure of the Palestinian territory, measures which constitute flagrant violations of international law and international humanitarian law, endanger the lives of Palestinians and also constitute a major obstacle in the way of peace;<\/p><\/div>\n

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\t<\/span>7.\t<\/span>Calls once more upon<\/u> Israel, the occupying Power, to desist from all forms of violation of human rights  in the Occupied Palestinian Territory, including East Jerusalem, and other occupied Arab territories, and to respect the bases of international law, the principles of international humanitarian law, its international commitments and the agreements it signed with the Palestine Liberation Organization in relation to the peace process;<\/p><\/div>\n

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\t<\/span>8.\t<\/span>Also calls upon<\/u> Israel to withdraw from the Palestinian territory, including East Jerusalem, and the other Arab territories occupied since 1967, in accordance with the relevant resolutions of the United Nations and the Commission on Human Rights, as a basic condition for achieving a just, lasting and comprehensive peace in the Middle East;<\/p><\/div>\n

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\t<\/span>9.\t<\/span>Requests<\/u> the Secretary-General to bring the present resolution to the attention of the Government of Israel and all other Governments, the competent United Nations organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations, to disseminate it on the widest possible scale and to report on its implementation by the Government of Israel to the Commission on Human Rights at its fifty-seventh session;<\/p><\/div>\n

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\t<\/span>10.\t<\/span>Also requests<\/u> the Secretary-General  to provide the Commission on Human Rights with all United Nations  reports issued between sessions of the Commission that deal with the conditions in which the citizens of the Palestinian and other occupied Arab territories are living under the Israeli occupation;<\/p><\/div>\n

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\t<\/span>11.\t<\/span>Decides<\/u> to consider this question at its fifty-seventh session under the same agenda item, as a matter of high priority.<\/p><\/div>\n

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52nd meeting<\/u><\/p><\/div>\n

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17 April 2000<\/u><\/p><\/div>\n

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[Adopted by a roll-call vote of 31 votes, to 1, <\/p><\/div>\n

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with 19 absentions.  See chap. VIII]<\/p><\/div>\n

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2000\/7.  Human rights in the occupied Syrian Golan<\/u><\/p><\/div>\n

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\t<\/span>The Commission on Human Rights<\/u>,<\/p><\/div>\n

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\t<\/span>Deeply concerned<\/u> 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,<\/p><\/div>\n

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\t<\/span>Recalling<\/u> Security Council resolution 497 (1981) of 17 December 1981,<\/p><\/div>\n

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\t<\/span>Recalling also<\/u> all relevant General Assembly resolutions, including the latest, resolution 54\/80 of 6 December 1999, in which the Assembly, inter alia, called upon Israel to comply with Security Council resolution 497 (1981), to put an end to its practices violating the rights of the Syrian citizens in the occupied Syrian Golan and to put an end to its occupation of the occupied Syrian Golan,<\/p><\/div>\n

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\t<\/span>Reaffirming once more<\/u> 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,<\/p><\/div>\n

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\t<\/span>Reaffirming<\/u> the principle of non-acquisition of territory by force in accordance with the Charter of the United Nations and the principles of international law,<\/p><\/div>\n

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\t<\/span>Taking note with deep concern<\/u> 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\/54\/325) 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,<\/p><\/div>\n

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\t<\/span>Guided<\/u> 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,<\/p><\/div>\n

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\t<\/span>Reaffirming<\/u> the importance of the peace process which started in Madrid on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the principle of land for peace, which aims at the establishment of a just and comprehensive peace in the Middle East,<\/p><\/div>\n

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\t<\/span>Expressing its concern<\/u> about the stoppage of the peace process on the Syrian and Lebanese tracks, and hoping that the commitments and guarantees reached during the previous talks will be respected in order that the talks may resume as soon as possible on both tracks,<\/p><\/div>\n

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\t<\/span>Reaffirming<\/u> its previous relevant resolutions, the most recent being resolution 1999\/6 of 23 April 1999,<\/p><\/div>\n

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\t<\/span>1.\t<\/span>Calls upon<\/u> Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council, inter alia, decided 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;<\/p><\/div>\n

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\t<\/span>2.\t<\/span>Also calls upon<\/u> 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;<\/p><\/div>\n

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\t<\/span>3.\t<\/span>Further calls upon<\/u> 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;<\/p><\/div>\n

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\t<\/span>4.\t<\/span>Determines<\/u> 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;<\/p><\/div>\n

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\t<\/span>5.\t<\/span>Calls once again upon<\/u> Member States not to recognize any of the legislative or administrative measures and actions referred to above;<\/p><\/div>\n

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\t<\/span>6.\t<\/span>Requests<\/u> 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 fifty-seventh session;<\/p><\/div>\n

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\t<\/span>7.\t<\/span>Decides<\/u> to include in the provisional agenda of its fifty-seventh session, as a matter of high priority, the item entitled “Question of the violation of human rights in the occupied Arab territories, including Palestine”.<\/p><\/div>\n

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52nd meeting<\/u><\/p><\/div>\n

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17 April 2000<\/u><\/p><\/div>\n

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[Adopted by a roll-call vote of 31 votes, to 1, <\/p><\/div>\n

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with 19 absentions.  See chap. VIII]<\/p><\/div>\n

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2000\/8.  Israeli settlements in the occupied Arab territories<\/u><\/p><\/div>\n

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\t<\/span>The Commission on Human Rights<\/u>,<\/p><\/div>\n

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\t<\/span>Reaffirming<\/u> that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and as elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable instruments,<\/p><\/div>\n

<\/p>\n

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\t<\/span>Mindful<\/u> that Israel is a party to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to Palestinian and all Arab territories occupied by Israel since 1967, including East Jerusalem,<\/p><\/div>\n

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\t<\/span>Recalling<\/u> its previous resolutions, most recently resolution 1999\/7 of 23 April 1999, in which, inter alia, it reaffirmed the illegality of the Israeli settlements in the occupied territories,<\/p><\/div>\n

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\t<\/span>1.\t<\/span>Welcomes<\/u>:<\/p><\/div>\n

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\t<\/span>(a)\t<\/span>The Sharm el-Sheikh Memorandum of 4 September 1999, while noting with concern the delays in its implementation, and calls for the full implementation of the Memorandum, as well as of the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995 and other related agreements;<\/p><\/div>\n

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\t<\/span>(b)\t<\/span>The report of the Special Rapporteur on the situation of human rights in the Palestinian territories <\/p><\/div>\n

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occupied since 1967 (E\/CN.4\/2000\/25) and hopes that the Government of Israel will cooperate with the Special Rapporteur to allow him fully to discharge his mandate;<\/p><\/div>\n

<\/p>\n

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\t<\/span>2.\t<\/span>Expresses its grave concern<\/u>:<\/p><\/div>\n

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\t<\/span>(a)\t<\/span>At the continuing Israeli settlement activities, in spite of the Government’s moratorium on new construction permits, including the expansion of the settlements, the installation of settlers in the occupied territories, the expropriation of land, the demolition of houses, the confiscation of property, the expulsion of local residents and the construction of bypass roads, which change the physical character and demographic composition of the occupied territories, including East Jerusalem, since all these actions are illegal, constitute a violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and are a major obstacle to peace;<\/p><\/div>\n

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\t<\/span>(b)\t<\/span>At and strongly condemns all acts of terrorism, whilst calling upon all parties not to allow any acts of terrorism to affect the ongoing peace process negatively;<\/p><\/div>\n

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\t<\/span>3.\t<\/span>Urges<\/u> the Government of Israel:<\/p><\/div>\n

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\t<\/span>(a)\t<\/span>To comply fully with the previous Commission resolutions on the subject, most recently resolution 1999\/7 of 23 April 1999;<\/p><\/div>\n

<\/p>\n

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\t<\/span>(b)\t<\/span>To match its stated commitment to the peace process with concrete actions to fulfil its obligations and cease completely its policy of expanding the settlements and related activities in the occupied territories, including East Jerusalem;<\/p><\/div>\n

<\/p>\n

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\t<\/span>(c)\t<\/span>To forgo and prevent any new installation of settlers in the occupied territories;<\/p><\/div>\n

<\/p>\n

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\t<\/span>4.\t<\/span>Decides<\/u> to continue its consideration of this question at its fifty-seventh session.<\/p><\/div>\n

<\/p>\n

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52nd meeting<\/u><\/p><\/div>\n

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17 April 2000<\/u><\/p><\/div>\n

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[Adopted by a roll-call vote of 50 votes, to 1, <\/p><\/div>\n

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with 1 absention.  See chap. VIII]<\/p><\/div>\n

<\/p>\n

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\/…<\/p><\/div>\n

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_______________<\/p><\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

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