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UNGA Resolution 38/58

UNITED  NATIONS

General Assembly

Resolution 38/58

Question of Palestine

A/RES/38/58 (A-E)

13 December 1983

A


The General Assembly,
Recalling its resolutions 3376 (XXX) of 10 November 1975, 31/20 of 24 November 1976, 32/40 of 2 December 1977, 33/28 of 7 December 1978, 34/65 A and B of 29 November 1979 and 34 C and D of 12 December 1979, ES-7/2 of 29 July 1980, 35/169 of 15 December 1980, 36/120 of 10 December 1981, ES-7/4 of 28 April 1982, ES-7/5 of 26 June 1982 and ES-7/9 of 24 September 1982 and 37/86 of 10 December 1982,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
1. Expresses its appreciation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People for its efforts in performing the tasks assigned to it by the General Assembly;
2. Endorses the recommendations of the Committee contained in paragraphs 94 to 98 of its report and draws the attention of the Security Council to the fact that action on the Committee's recommendations, as repeatedly endorsed by the General Assembly, at its thirty-first session and subsequently, is long overdue;
3. Requests the Committee to keep under review the situation relating to the question of Palestine as well as the implementation of the Programme of Action for the Achievement of Palestinian Rights adopted by the International Conference on the Question of Palestine and to report and make suggestions to the General Assembly or the Security Council, as appropriate;
4. Requests the United Nations Conciliation Commission for Palestine, established under General Assembly resolution 194 (III) of 11 December 1948, as well as other United Nations bodies associated with the question of Palestine, to co-operate fully with the Committee and to make available to it, at its request, the relevant information and documentation which they have at their disposal;
5. Authorizes the Committee to continue to exert all efforts to promote the implementation of its recommendations, to send delegations or representatives to international conferences where such representation would be considered by it to be appropriate, and to report thereon to the General Assembly at its thirty-eighth session and thereafter;
6. Decides to circulate the report of the Committee to all the competent bodies of the United Nations and urges them to take the necessary action, as appropriate, in accordance with the Committee's programme of implementation;
7. Requests the Secretary-General to continue to provide the Committee with all the necessary facilities for the performance of its tasks.

B


The General Assembly,
Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,
Noting, in particular, the information contained in paragraphs 86 to 91 of that report,
Recalling its resolutions 32/40 B of 2 December 1977, 33/28 C of 7 December 1978, 34/65 D of 12 December 1979, 35/169 D of 15 December 1980, 36/120 B of 10 December 1981, and 37/86 B of 10 December 1982,
1. Notes with appreciation the action taken by the Secretary-General in compliance with General Assembly resolution 37/86 B;
2. Requests the Secretary-General to ensure that the Division for Palestinian Rights of the Secretariat continues to discharge the tasks detailed in paragraph 1 of General Assembly resolution 32/40 B, paragraph 2 (b) of Assembly resolution 34/65 D and paragraph 3 of resolution 36/120 B, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance;
3. Also requests the Secretary-General to provide the Division for Palestinian Rights with the necessary resources to accomplish its tasks and to expand its work programme, inter alia, through:
(a) Closer contacts with the media and wider dissemination of the Division's information material, particularly where information on the question of Palestine is inadequate;
(b) Increased contacts with non-governmental organizations and the convening of symposia and meetings for non-governmental organizations in different regions in order to heighten awareness of the facts relating to the question of Palestine;
4. Further requests the Secretary-General to ensure the continued co-operation of the Department of Public Information and other units of the Secretariat in enabling the Division for Palestinian Rights to perform its tasks and in covering adequately the various aspects of the question of Palestine;
5. Invites all Governments and organizations to lend their co-operation to the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the Division for Palestinian Rights in the performance of their tasks;
6. Notes with appreciation the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People and the issuance by them of special postage stamps for the occasion.

C


The General Assembly,
Recalling its resolution 36/120 C of 10 December 1981, in which it decided to convene, under the auspices of the United Nations, an International Conference on the Question of Palestine on the basis of its resolution ES-7/2 of 29 July 1980,
Recalling also its resolution 37/86 C of 10 December 1982 in which it, inter alia, reiterated the responsibility of the United Nations to strive for a lasting peace in the Middle East through a just solution of the problem of Palestine,
Having considered the report of the International Conference on the Question of Palestine, held at Geneva from 29 August to 7 September 1983,
Convinced that the Conference, in adopting by acclamation the Geneva Declaration on Palestine and the Programme of Action for the Achievement of Palestinian Rights, made an important and positive contribution to the attainment of a comprehensive, just and durable peace in the Middle East through a just solution of the problem of Palestine, the core of the Arab-Israeli conflict,
Conscious of the importance of the time factor in achieving a just solution of the problem of Palestine,
1. Takes note with satisfaction of the report of the International Conference on the Question of Palestine;
2. Endorses the Geneva Declaration on Palestine, adopted by acclamation on 7 September 1983;
3. Welcomes and endorses the call for convening an International Peace Conference on the Middle East in conformity with the following guidelines:
(a) The attainment by the Palestinian people of its legitimate inalienable rights, including the right to return, the right to self-determination and the right to establish its own independent State in Palestine;
(b) The right of the Palestine Liberation Organization, the representative of the Palestinian people, to participate on an equal footing with other parties in all efforts, deliberations and conferences on the Middle East;
(c) The need to put an end to Israel's occupation of the Arab territories, in accordance with the principle of the inadmissibility of the acquisition of territory by force, and, consequently, the need to secure Israeli withdrawal from the territories occupied since 1967, including Jerusalem;
(d) The need to oppose and reject such Israeli policies and practices in the occupied territories, including Jerusalem, and any de facto situation created by Israel as are contrary to international law and relevant United Nations resolutions, particularly the establishment of settlements, as these policies and practices constitute major obstacles to the achievement of peace in the Middle East;
(e) The need to reaffirm as null and void all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, including the expropriation of land and property situated thereon, and in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel;
(f) The right of all States in the region to existence within secure and internationally recognized boundaries, with justice and security for all the people, the sine qua non of which is the recognition and attainment of the legitimate, inalienable rights of the Palestinian people as stated in subparagraph (a) above;
4. Invites all parties to the Arab-Israeli conflict, including the Palestine Liberation Organization, as well as the United States of America, the Union of Soviet Socialist Republics and other concerned States, to participate in the International Peace Conference on the Middle East on an equal footing and with equal rights;
5. Requests the Secretary-General, in consultation with the Security Council, urgently to undertake preparatory measures to convene the Conference;
6. Invites the Security Council to facilitate the organization of the Conference;
7. Also requests the Secretary-General to report on his efforts no later than 15 March 1984;
8. Decides to consider at its thirty-ninth session the report of the Secretary-General on the Conference.

D


The General Assembly,
Having considered the report of the International Conference on the Question of Palestine, held at Geneva from 29 August to 7 September 1983,
Taking note of the Programme of Action for the Achievement of Palestinian Rights,
Bearing in mind its resolution 38/145 of 19 December 1983 on assistance to the Palestinian people,
Urges the meeting of specialized agencies and other organizations of the United Nations system to be convened in 1984, referred to in General Assembly resolution 38/145, to take into account the recommendations of the five regional preparatory meetings of the International Conference on the Question of Palestine and the United Nations resolutions concerning economic and social assistance to the Palestinian people in developing a co-ordinated programme of economic and social assistance to the Palestinian people, and to ensure the implementation of that programme.

E


The General Assembly,
Having considered the report of the International Conference on the Question of Palestine, held at Geneva from 29 August to 7 September 1983,
Convinced that the world-wide dissemination of accurate and comprehensive information and the role of non-governmental organizations and institutions remain of vital importance in heightening awareness of and support for the inalienable rights of the Palestinian people to self-determination and to the establishment of an independent sovereign Palestinian State,
Requests that the Department of Public Information of the Secretariat, in full co-operation and co-ordination with the Committee on the Exercise of the Inalienable Rights of the Palestinian People, should:
(a) Disseminate all information on the activities of the United Nations system relating to Palestine;
(b) Expand publications and audio-visual coverage of the facts and developments pertaining to the question of Palestine;
(c) Publish newsletters and articles in its relevant publications on Israeli violations of the human rights of the Arab inhabitants of the occupied territories, and organize fact-finding missions to the area for journalists;
(d) Organize regional encounters for journalists;
(e) Disseminate appropriate information on the results of the International Conference on the Question of Palestine.