{"id":178518,"date":"1991-10-18T00:00:00","date_gmt":"2019-03-11T20:41:19","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?p=178518"},"modified":"2019-03-11T20:41:19","modified_gmt":"2019-03-11T20:41:19","slug":"auto-insert-178518","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/auto-insert-178518\/","title":{"rendered":"Israeli practices – SpCttee annual report"},"content":{"rendered":"
Forty-sixth session<\/p><\/div>\n
Agenda item 73<\/p><\/div>\n
REPORT OF THE SPECIAL COMMITTEE TO INVESTIGATE ISRAELI<\/p><\/div>\n
PRACTICES AFFECTING THE HUMAN RIGHTS OF THE PALESTINIAN<\/p><\/div>\n
PEOPLE AND OTHER ARABS OF THE OCCUPIED TERRITORIES<\/p><\/div>\n
Note by the Secretary-General<\/u><\/p><\/div>\n The Secretary-General has the honour to transmit to the members of the<\/p><\/div>\n General Assembly the twenty-third report of the Special Committee to<\/p><\/div>\n Investigate Israeli Practices Affecting the Human Rights of the Palestinian<\/p><\/div>\n People and Other Arabs of the Occupied Territories, which was submitted to him<\/p><\/div>\n in accordance with paragraphs 20 and 21 of Assembly resolution 45\/74 A of<\/p><\/div>\n 11 December 1990. The present report should be considered together with the<\/p><\/div>\n Special Committee's periodic reports (A\/46\/65 and A\/46\/282), which were<\/p><\/div>\n transmitted to the members of the General Assembly on 1 February and<\/p><\/div>\n 30 August 1991, respectively.<\/p><\/div>\n \n<\/p><\/div>\n CONTENTS<\/p><\/div>\n Paragraphs<\/u> Page<\/u><\/p><\/div>\n LETTER OF TRANSMITTAL ………………………………………….. 4<\/p><\/div>\n <\/p>\n I. INTRODUCTION ………………………………….. 1 – 5 8<\/p><\/div>\n <\/p>\n II. ORGANIZATION OF WORK …………………………… 6 – 18 9 <\/p><\/div>\n <\/p>\n III. MANDATE ………………………………………. 19 – 24 11<\/p><\/div>\n <\/p>\n IV. INFORMATION AND EVIDENCE RECEIVED BY THE SPECIAL<\/p><\/div>\n COMMITTEE …………………………………….. 25 – 437 13<\/p><\/div>\n <\/p>\n A. General situation ………………………….. 35 – 172 16<\/p><\/div>\n <\/p>\n 1. General developments and policy statements … 35 – 48 16<\/p><\/div>\n <\/p>\n 2. Incidents linked with the uprising of the<\/p><\/div>\n Palestinian population against the occupation 49 – 172 20<\/p><\/div>\n <\/p>\n (a) List of Palestinians killed by troops or<\/p><\/div>\n Israeli civilians …………………………….. 20<\/p><\/div>\n <\/p>\n (b) List of other Palestinians killed as a<\/p><\/div>\n result of the occupation ………………………. 28<\/p><\/div>\n <\/p>\n (c) Other incidents linked with the uprising 50 – 172 39<\/p><\/div>\n <\/p>\n B. Administration of justice, including the right to<\/p><\/div>\n a fair trial ………………………………. 173 – 259 61<\/p><\/div>\n <\/p>\n 1. Palestinian population ………………….. 173 – 243 61<\/p><\/div>\n <\/p>\n 2. Israelis ………………………………. 244 – 259 74<\/p><\/div>\n <\/p>\n C. Treatment of civilians ……………………… 260 – 382 79<\/p><\/div>\n <\/p>\n 1. General developments ……………………. 260 – 351 79<\/p><\/div>\n <\/p>\n (a) Harassment and physical ill-treatment … 260 – 271 79<\/p><\/div>\n <\/p>\n (b) Collective punishment ………………. 272 – 329 85<\/p><\/div>\n <\/p>\n (c) Expulsions ………………………… 330 – 338 101<\/p><\/div>\n <\/p>\n (d) Economic and social situation ……….. 339 – 351 103<\/p><\/div>\n <\/p>\n 2. Measures affecting certain fundamental<\/p><\/div>\n freedoms ………………………………. 352 – 375 109<\/p><\/div>\n <\/p>\n (a) Freedom of movement …………………. 352 – 360 109<\/p><\/div>\n <\/p>\n (b) Freedom of religion …………………. 361 111<\/p><\/div>\n <\/p>\n (c) Freedom of expression ……………….. 362 – 366 112<\/p><\/div>\n <\/p>\n (d) Freedom of association ………………. 367 – 368 113<\/p><\/div>\n <\/p>\n (e) Freedom of education ………………… 369 – 375 114<\/p><\/div>\n <\/p>\n 3. Information on settlers' activities affecting<\/p><\/div>\n the civilian population …………………. 376 – 382 118<\/p><\/div>\n <\/p>\n D. Treatment of detainees ……………………… 383 – 404 121<\/p><\/div>\n <\/p>\n E. Annexation and settlement …………………… 405 – 434 130<\/p><\/div>\n <\/p>\n F. Information concerning the occupied Syrian Arab<\/p><\/div>\n Golan …………………………………….. 435 – 437 137<\/p><\/div>\n <\/p>\n V. CONCLUSIONS …………………………………… 438 – 466 141<\/p><\/div>\n <\/p>\n VI. ADOPTION OF THE REPORT …………………………. 467 152<\/p><\/div>\n Annex<\/u>. MAP SHOWING ISRAELI SETTLEMENTS ESTABLISHED, PLANNED OR UNDER<\/p><\/div>\n CONSTRUCTION IN THE TERRITORIES OCCUPIED SINCE 1967 ……….. 154<\/p><\/div>\n \n<\/p><\/div>\n <\/p>\n LETTER OF TRANSMITTAL<\/p><\/div>\n \t\t\t\t\t\t\t\t\t\t\t<\/span>22 August 1991<\/p><\/div>\n <\/p>\n Sir,<\/p><\/div>\n <\/p>\n \t<\/span>The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories has the honour to transmit herewith its twenty-third report, prepared in accordance with General Assembly resolutions concerning the Special Committee and, in particular, resolution 2443 (XXIII) of<\/p><\/div>\n 19 December 1968, by which the Special Committee was established, and resolution 45\/74 A of 11 December 1990, the latest resolution by which the General Assembly renewed its mandate.<\/p><\/div>\n <\/p>\n \t<\/span>This report covers the period from 1 September 1990 to 22 August 1991. The report is based on oral information received by the Special Committee through testimonies of persons having first-hand experience of the human rights situation in the occupied territories, as well as written information gathered from various sources. Written information concerning the period from 1 September to 30 November 1990 is reflected in the periodic report which the Special Committee presented to you on 10 January 1991 (A\/46\/65); written information concerning the period from 1 December 1990 to 31 March 1991 is reflected in the periodic report which the Special Committee presented to you on 4 June 1991 (A\/46\/282) in accordance with paragraphs 20 and 21 of General Assembly resolution 45\/74 A.<\/p><\/div>\n <\/p>\n \t<\/span>From among these oral and written sources of information, the Special Committee has included in its reports relevant excerpts and summaries. For the purpose of collecting oral testimonies the Special Committee again organized hearings that were held at Damascus, Amman, Cairo and Geneva. The Special Committee continued to monitor statements by members of the Government of Israel reflecting the policy of that Government in the occupied territories and reports on measures taken to implement that policy. The Special Committee further noted the letters addressed to you and to the President of the Security Council during the period of this report relating to the mandate of the Special Committee, circulated as documents of the General Assembly and the Security Council, and received information from organizations and individuals on various aspects of the situation in the occupied territories.<\/p><\/div>\n <\/p>\n \t<\/span>In carrying out its mandate, the Special Committee benefited from the cooperation of the Governments of Egypt, Jordan and the Syrian Arab Republic and from the cooperation of Palestinian representatives. The Government of Israel has continued to ignore requests for cooperation addressed to it.<\/p><\/div>\n <\/p>\n \t<\/span>In preparing its report the Special Committee has attempted to put before you a composite picture of the reality in the occupied territories as it affects the human rights of the civilian population. By this letter the Special Committee wishes to draw your attention to a number of aspects that deserve particular mention.<\/p><\/div>\n <\/p>\n \t<\/span>The information contained in the twenty-third report of the Special Committee reflects the further deterioration, in the course of recent months, of the human rights situation in the occupied territories, already critical since the beginning of the uprising and its repression three and a half years ago. This dramatic situation stems basically from the illegal measures of annexation and persistent settlement policy pursued by the Government of Israel since 1967, which, together with occupation in itself, constitutes a<\/p><\/div>\n grave violation of basic human rights, giving rise to the fierce determination of the Palestinian and other Arab civilians to oppose this policy.<\/p><\/div>\n <\/p>\n \t<\/span>The outbreak of the Gulf crisis and the ensuing war have led to increasingly repressive policies and practices by the occupying Power.<\/p><\/div>\n <\/p>\n \t<\/span>The Palestinian and other Arab population in the occupied territories has continued to suffer a heavy toll of casualties. Harsh methods have continued to be implemented by the Israeli authorities in trying to quell the popular uprising. Disproportionate force has been used against the civilian population, including live ammunition and other cruel means of inflicting losses of life, and severe injuries have resulted from shooting, beating, tear-gas inhalation and other causes.<\/p><\/div>\n <\/p>\n \t<\/span>Various elements have considerably added to the suffering of a population living below the poverty line and exposed to severe physical and psychological stress. Among these factors, mention should be made of the prolonged and continuous curfews imposed upon the Arab population of the occupied territories in particular during and after the Gulf war, and the severe deprivations resulting from the difficult access to basic needs such as food and medical treatment during long periods; the damage inflicted upon the agriculture and the loss of income of several thousand Arab workers as a result of curfews or restrictive ID regulations severely limiting freedom of movement inside and outside the occupied territories; the deliberate policy of economic pressure characterized by search and arrest operations during the collection of taxes, property seizure and tree uprooting; and the systematic resort to house demolitions as a collective punishment.<\/p><\/div>\n <\/p>\n \t<\/span>Acts of aggression committed by Israeli settlers against Arab civilians have also contributed to a further deterioration of the climate of fear and tension in the occupied territories. This tension cannot but increase in view of the new impetus given by the Israeli authorities to their annexation policy. The recent creation of new settlements, in particular in the Jerusalem area, and the declared intention to establish further settlements and increase drastically the settler population in the near future (including through the settlement in the occupied territories of recently arrived Jewish immigrants) on the one hand, and the various measures of harassment taken against the Palestinian population to incite it to leave its homeland on the other hand, seem to indicate a deliberate will to modify the demographic composition of the occupied territories.<\/p><\/div>\n <\/p>\n \t<\/span>In the same context, the recent period has also witnessed a resumption of the policy of expelling Palestinians from the occupied territories for alleged security reasons. This practice, which had come to a temporary halt for a few months, has been reactivated in spite of a wave of international protests and in violation of relevant provisions of the Fourth Geneva Convention.<\/p><\/div>\n <\/p>\n \t<\/span>The civilian population has been confronted with increasing restrictions affecting all aspects of life in the occupied territories; restrictions on freedom of movement have contributed to a considerable decrease in the number of persons allowed to cross the border to the neighbouring countries and have even affected travel inside the occupied territories, particularly to Jerusalem. Freedom of expression and religion have also been affected by severe limitations. In the field of education, the prolonged closures which<\/p><\/div>\n have continued to affect a number of universities, schools and even kindergartens, the denial of proper educational facilities and the harassment of teachers and students seem to indicate the implementation, by the occupation authorities, of a deliberate policy aiming at a lowering of the previously high standard of education, the effects of which are already evident in the decline of the educational level, in particular among young children.<\/p><\/div>\n <\/p>\n \t<\/span>The administration of justice in the occupied territories has also been marked by a deterioration of human rights standards. Several thousand Palestinians, including minors and women, have been or continue to be detained in various prisons and detention centres, sometimes inside Israel itself, often as a measure of preventive or administrative detention. Many examples illustrate the fact that legal guarantees, including the right to a fair trial, are often denied to Palestinians, whereas Israelis charged with killing or ill-treating Arab civilians seem in contrast to have usually benefited from relative leniency from the authorities. The critical conditions of detention have continued to be a cause of severe concern, owing in particular to repeated allegations of torture and systematic ill-treatment of prisoners, including minors.<\/p><\/div>\n <\/p>\n \t<\/span>The Special Committee has endeavoured, within the constraints imposed by the lack of cooperation from Israel, to provide in its periodic reports (A\/46\/65 and A\/46\/282) and the present twenty-third report a faithful picture of the situation of human rights in the occupied territories. The particular circumstances faced by the Arab population during the period under review and the constant deterioration of its living conditions represent a serious challenge for the international community, already confronted with dramatic developments in the area during the recent period. In order to avoid another major explosion in the region, the international community needs to renew its efforts to convince Israel that it should put an end to its practices affecting the human rights situation in the occupied territories.<\/p><\/div>\n <\/p>\n \t<\/span>The Special Committee reiterates its sincere hope that the present report may contribute to further mobilizing the international community in its search for a solution to the plight of the Palestinian people and other Arabs of the occupied territories which would guarantee the full enjoyment of their fundamental human rights.<\/p><\/div>\n <\/p>\n \t<\/span>Accept, Sir, on behalf of my colleagues and on my own behalf, the assurances of our highest consideration.<\/p><\/div>\n \n Stanley KALPAGE<\/p>\n Chairman of the Special Committee to<\/p>\n Investigate Israeli Practices Affecting the<\/p>\n Human Rights of the Palestinian People and<\/p>\n Other Arabs of the Occupied Territories<\/p>\n<\/td>\n<\/tr>\n His Excellency<\/p>\n Mr. Javier Pérez de Cuéllar<\/p>\n Secretary-General of the United Nations<\/p>\n New York<\/p>\n<\/td>\n \n<\/p><\/div>\n I. INTRODUCTION<\/p><\/div>\n 1.\t<\/span>The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories was established by the General Assembly in resolution 2443 (XXIII) of 19 December 1968. By that resolution, the Assembly decided to establish the Special Committee, composed of three Member States; requested the President of the Assembly to appoint the members of the Special Committee; requested the Government of Israel to receive the Special Committee, to cooperate with it and to facilitate its<\/p><\/div>\n work; requested the Special Committee to report to the Secretary-General as soon as possible and whenever the need arose thereafter; and requested the Secretary-General to provide the Special Committee with all the necessary facilities for the performance of its task.<\/p><\/div>\n <\/p>\n 2.\t<\/span>The Special Committee is composed as follows: Mr. Stanley Kalpagé, Permanent Representative of Sri Lanka to the United Nations, Chairman; Mr. Alioune Sene, Ambassador of Senegal at Bern and Permanent Representative of Senegal to the United Nations Office at Geneva; Mr. Dragan Jovanic, advocate, Yugoslavia.<\/p><\/div>\n <\/p>\n 3.\t<\/span>At the meetings of the Special Committee held from 21 May to 4 June 1991, Mr. Mamadou Mansour Diop, First Counsellor at the Permanent Mission of Senegal to the United Nations Office at Geneva attended as the representative of Senegal on 21 May, and Mr. Chams Eddine N'Doye, Ambassador Extraordinary and Plenipotentiary of Senegal to Egypt, from 23 May to 4 June.<\/p><\/div>\n <\/p>\n 4.\t<\/span>Since October 1970, the Special Committee has submitted 22 reports.1<\/u>\/ These reports were discussed in the Special Political Committee, which then reported to the General Assembly.2<\/u>\/ On the recommendation of the Special Political Committee, the Assembly adopted resolutions 2727 (XXV) of 15 December 1970, 2851 (XXVI) of 20 December 1971, 3005 (XXVII) of 15 December 1972, 3092 A and B (XXVIII) of 7 December 1973, 3240 A to C (XXIX) of 29 November 1974, 3525 A to D (XXX) of 15 December 1975, 31\/106 A to D of 16 December 1976, 32\/91 A to C of 13 December 1977, 33\/113 A to C of 18 December 1978, 34\/90 A to C of 12 December 1979, 35\/122 A to F of 11 December 1980, 36\/147 A to G of 16 December 1981, 37\/88 A to G of 10 December 1982, 38\/79 A to H of 15 December 1983, 39\/95 A to H of 14 December 1984, 40\/161 A to G of 16 December 1985, 41\/63 A to G of 3 December 1986, 42\/160 A to G of 8 December 1987, 43\/58 A to G of 6 December 1988, 44\/48 A to G of 8 December 1989 and 45\/74 A of 11 December 1990.<\/p><\/div>\n <\/p>\n 5.\t<\/span>The present report has been prepared in accordance with General Assembly resolutions 2443 (XXIII), 2546 (XXIV), 2727 (XXV), 2851 (XXVI), 3005 (XXVII), 3092 B (XXVIII), 3240 A and C (XXIX), 3525 A and C (XXX), 31\/106 C and D, 32\/91 B and C, 33\/113 C, 34\/90 A to C, 35\/122 C, 36\/147 C, 37\/88 C, 38\/79 D, 39\/95 D, 40\/161 D, 41\/63 D, 42\/160 D, 43\/58 A, 44\/48 A and 45\/74 A.<\/p><\/div>\n II. ORGANIZATION OF WORK<\/p><\/div>\n 6. The Special Committee continued its work under the rules of procedure contained in its first report to the Secretary-General.3<\/u>\/<\/p><\/div>\n <\/p>\n 7. In its resolution 45\/74 A of 11 December 1990, the General Assembly:<\/p><\/div>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n 8.\t<\/span>Mr. Stanley Kalpagé replaced Mr. Daya Perera as Chairman of the Special Committee as at 18 March 1991.<\/p><\/div>\n <\/p>\n 9.\t<\/span>The Special Committee held the first of its series of meetings from 7 to 10 January 1991 at Geneva. The activities of the Special Committee during those meetings are reflected in document A\/46\/65 (paras. 4-11).<\/p><\/div>\n <\/p>\n 10.\t<\/span>The Governments of Egypt, Jordan and the Syrian Arab Republic as well as the Observer for Palestine subsequently responded to the Special Committee's request for cooperation (see A\/46\/65, para. 6), reconfirming their readiness to continue cooperating with the Special Committee.<\/p><\/div>\n <\/p>\n 11.\t<\/span>On 28 March 1991, the Chairman of the Special Committee addressed a cable to the Secretary-General in which he conveyed the deep concern of the Special Committee about the decision of the Israeli authorities to deport four Palestinians from the territories occupied by Israel. The Special Committee stressed that this decision was in flagrant contradiction of all relevant legal norms and standards, and in particular the provisions of the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War. The Special Committee requested the Secretary-General to bring its expression of concern to the attention of the Israeli authorities.<\/p><\/div>\n <\/p>\n 12.\t<\/span>The Special Committee held a series of meetings at Geneva (21 May 1991), Damascus (23-24 May 1991), Amman (25-30 May 1991) and Cairo (1-4 June 1991). At these meetings, the Special Committee examined information on developments occurring in the occupied territories between December 1990 and March 1991. It had before it a number of communications addressed to it by Governments, organizations and individuals in connection with its mandate. The Special Committee took note of several letters addressed to it by the Permanent Representative of Jordan to the United Nations Office at Geneva on matters<\/p><\/div>\n related to its mandate. At Damascus, Amman and Cairo the Special Committee heard testimonies of persons just returned from or living in the West Bank, the Gaza Strip and the occupied Syrian Arab Golan concerning the situation in those territories.<\/p><\/div>\n <\/p>\n 13.\t<\/span>At Damascus the Special Committee was received by Mr. Najdi El-Jazzar, Director, International Organizations Department, Ministry of Foreign Affairs, and was presented with a report concerning the human rights situation in the occupied Syrian Arab Golan. During its stay in the Syrian Arab Republic, the Special Committee visited the town of Quneitra and was presented with information on Israeli practices against the Syrian Arab citizens in the occupied Golan. The Special Committee also met Mr. Mohammad Abu Zarad, Director of the General Committee of Palestinian Refugees in the Syrian Arab Republic.<\/p><\/div>\n <\/p>\n 14.\t<\/span>At Amman the Special Committee was received by the Minister for Foreign Affairs, Mr. Taher Al-Masri. It also conducted consultations with Mr. Ahmed Qatanani, Director, Department of Occupied Territories Affairs of the Ministry of Foreign Affairs, and was presented with a report on the situation in the occupied territories prepared by that Department. During its stay at Amman the Special Committee met with members of the Executive Committee of the Palestine National Council. The Special Committee received from the Departments of Occupied Territories Affairs and of General and Higher Education of the Palestine Liberation Organization (PLO) a series of reports and statistics on the situation in the occupied territories. The Special Committee visited the Islamic Hospital and the Palestinian Hospital, as well as the King Hussein Bridge. The Special Committee also visited the Association for the Protection of Children of Palestinian Martyrs where it met<\/p><\/div>\n Mrs. Intisar El-Wazzir, Head of the Association.<\/p><\/div>\n <\/p>\n 15.\t<\/span>At Cairo the Special Committee was received by the Minister for Foreign Affairs, Mr. Amr Moussa. It also met with Mr. Monir Zahran, Director, International Organizations Affairs Department, and Mr. Ibrahim Mostafa, Director, Palestinian Affairs Department of the Ministry of Foreign Affairs. The Special Committee also met Major-General Salama, Governor-General of Gaza, and Mr. Said Kamal, the Palestinian Representative in Cairo. It also visited the Palestinian Red Crescent Hospital where it met Dr. Fathi Arafat, Chairman of the Palestinian Red Crescent. The Special Committee was also received by Mr. Mahdi Mostafa el Hadi, Deputy Secretary-General of the League of Arab States and other officials of the League.<\/p><\/div>\n <\/p>\n 16.\t<\/span>The Special Committee examined and completed a periodic report (A\/46\/282) updating information contained in its previous periodic report (A\/46\/65). It decided that any further information and evidence relevant to its mandate would be reflected, together with its conclusions, in the present report of the Special Committee.<\/p><\/div>\n <\/p>\n 17.\t<\/span>On 4 June 1991, the Chairman of the Special Committee transmitted to the Secretary- General its periodic report (A\/46\/282) covering the period from 1 December 1990 to 31 March 1991. That report was based on written information gathered from various sources among which the Special Committee had selected relevant excerpts and summaries, which were reflected in the report.<\/p><\/div>\n <\/p>\n 18.\t<\/span>The Special Committee met again at Geneva from 19 to 22 August 1991. At these meetings, the Special Committee examined information on developments occurring in the occupied territories from April to August 1991. It had before it a number of communications addressed to it by Governments, organizations and individuals in connection with its mandate, as well as records of testimonies collected during its previous series of meetings. The Special Committee took note of several communications addressed to it by the<\/p><\/div>\n Permanent Representatives of Jordan and the Syrian Arab Republic to the United Nations Office at Geneva on matters related to its mandate. The Special Committee also heard and examined the testimony of two witnesses. It examined and completed the present report on 22 August 1991.<\/p><\/div>\n III. MANDATE<\/p><\/div>\n <\/p>\n 19.\t<\/span>The General Assembly, in its resolution 2443 (XXIII), entitled "Respect for and implementation of human rights in occupied territories", decided to establish a Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories, composed of three Member States.<\/p><\/div>\n <\/p>\n 20.\t<\/span>In its resolution 44\/48 A, the General Assembly decided to change the name of the Special Committee to "Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories".<\/p><\/div>\n <\/p>\n 21.\t<\/span>The mandate of the Special Committee, as set out in resolution 2443 (XXIII) and subsequent resolutions, was "to investigate Israeli practices affecting the human rights of the population of the occupied territories".<\/p><\/div>\n <\/p>\n 22.\t<\/span>In interpreting its mandate, the Special Committee determined that:<\/p><\/div>\n <\/p>\n \t<\/span>(a)\t<\/span>The territories to be considered as occupied territories referred to the areas under Israeli occupation, namely, the occupied Syrian Arab Golan, the West Bank (including East Jerusalem), the Gaza Strip and the Sinai Peninsula. Following the implementation of the Egyptian-Israeli Agreement on Disengagement of Forces of 18 January 1974 and the Agreement on Disengagement between Israeli and Syrian Forces of 31 May 1974, the demarcation of the areas under occupation was altered as indicated in the maps attached to those agreements. The areas of Egyptian territory under Israeli military occupation were further modified in accordance with the Treaty of Peace between the Arab Republic of Egypt and the State of Israel, which was signed on 26 March 1979 and which came into force on 25 April 1979. On 25 April 1982, the Egyptian territory remaining under Israeli military occupation was restituted to the Government of Egypt in accordance with the provisions of the aforementioned agreement. Thus, for the purposes of the present report, the territories to be considered as occupied territories are those remaining under Israeli occupation, namely, the occupied Syrian Arab Golan, the West Bank, including East Jerusalem, and the Gaza Strip.<\/p><\/div>\n <\/p>\n \t<\/span>(b)\t<\/span>The persons covered by resolution 2443 (XXIII) and therefore the subject of the investigation of the Special Committee were the civilian population residing in the areas occupied as a result of the hostilities of June 1967 and those persons normally resident in the areas that were under occupation but who had left those areas because of the hostilities. However, the Committee noted that resolution 2443 (XXIII) referred to the "population" without any qualification as to any segment of the inhabitants of the occupied<\/p><\/div>\n territories.<\/p><\/div>\n <\/p>\n \t<\/span>(c)\t<\/span>The "human rights" of the population of the occupied territories consisted of two elements, namely, those rights which the Security Council referred to as "essential and inalienable human rights" in its resolution 237 (1967) of 14 June 1967 and, secondly, those rights which found their basis in the protection afforded by international law in particular circumstances such as military occupation and, in the case of prisoners of war, capture. In accordance with General Assembly resolution 3005 (XXVII), the Special Committee was also required to investigate allegations concerning the exploitation and the looting of the resources of the occupied territories, the pillaging of the archaeological and cultural heritage of the occupied territories, and interference in the freedom of worship in the Holy Places of the occupied territories.<\/p><\/div>\n <\/p>\n \t<\/span>(d)\t<\/span>The "policies" and "practices" affecting human rights that came within the scope of investigation by the Special Committee referred, in the case of "policies", to any course of action consciously adopted and pursued by the Government of Israel as part of its declared or undeclared intent; while "practices" referred to those actions which, irrespective of whether or not they were in implementation of a policy, reflected a pattern of behaviour on the part of the Israeli authorities towards the civilian population in the<\/p><\/div>\n occupied areas.<\/p><\/div>\n <\/p>\n The geographical names as well as the terminology employed in the present report reflect the usage in the original source and do not imply the expression of any opinion whatsoever on the part of the Special Committee or the Secretariat of the United Nations.<\/p><\/div>\n <\/p>\n 23.\t<\/span>Since its inception the Special Committee has relied on the following international instruments in interpreting and carrying out its mandate:<\/p><\/div>\n <\/p>\n \t<\/span>(a)\t<\/span>The Charter of the United Nations;<\/p><\/div>\n <\/p>\n \t<\/span>(b)\t<\/span>The Universal Declaration of Human Rights;<\/p><\/div>\n <\/p>\n \t<\/span>(c)\t<\/span>The Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;4<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>(d)\t<\/span>The Geneva Convention relative to the Treatment of Prisoners of War, of<\/p><\/div>\n 12 August 1949;5<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>(e)\t<\/span>The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, of 14 May 1954;6<\/u>\/<\/p><\/div>\n <\/p>\n \t<\/span>(f)\t<\/span>The Hague Conventions of 1899 and 1907 respecting the Laws and Customs of War on Land;7<\/u>\/<\/p><\/div>\n <\/p>\n
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