Situation in occupied Palestine

Commission on Human Rights resolution 1997/4


The Commission on Human Rights,

Guided by the purposes and principles of the Charter of the UnitedNations, in particular the provisions of Articles1 and55 thereof, which affirm the right of peoples to self-determination, and scrupulous respect of the principle of refraining in international relations from the threat or use of force, as specified in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, adopted by the GeneralAssembly in its resolution2625 (XXV) of 24 October 1970,

Guided also by the provisions of article1 of the International Covenant on Economic, Social and Cultural Rights and article1 of the International Covenant on Civil and Political Rights, which affirm that all peoples have the right to self-determination,

Taking into consideration the provisions of the Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted by the GeneralAssembly in its resolution1514 (XV) of 14December1960,

Guided by the provisions of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in June1993 (A/CONF.157/23), and in particular PartI, paragraphs2 and3, relating to the right to self-determination of all peoples and especially those subject to foreign occupation,

Recalling Security Council resolutions183 (1963) of 11December1963 and 218(1965) of 23November1965, which affirmed the interpretation of the principle of self-determination as laid down in General Assembly resolution1514 (XV),

Recalling also GeneralAssembly resolutions181A andB(II) of 29November1947 and 194(III) of 11December1948, as well as all other resolutions which confirm and define the inalienable rights of the Palestinian people, particularly their right to self-determination without external interference and to the establishment of their independent State on their national soil, especially Assembly resolutionsES-7/2 of 29July1980 and 37/86E of 20December1982,

Reaffirming its previous resolutions in this regard, including the latest, resolution1996/5 of 11April1996,

Bearing in mind the reports and recommendations of the Committee on the Exercise of the Inalienable Rights of the Palestinian People submitted to the Security Council and the GeneralAssembly,

Reaffirming the right of the Palestinian people to self-determination in accordance with the Charter of the United Nations, the relevant UnitedNations resolutions and declarations, and the provisions of international covenants and instruments relating to the right to self-determination as an international principle and as a right of all peoples in the world, as it is a juscogens in international law,

Recalling that the foreign occupation by the armed forces of a State of the territory of another State constitutes an obstacle to and a grave violation of human rights according to PartI, paragraph30, of the Vienna Declaration and Programme of Action, and an act of aggression and a crime against the peace and security of mankind according to General Assembly resolution3314 (XXIX) of 14December1974,

Welcoming the Declaration of Principles on Interim Self-Government Arrangements signed by the Government of Israel and the Palestine Liberation Organization in Washington on 13September1993, and the following agreements aimed at enabling the Palestinian people to achieve their national rights and, principally, their right to self-determination free of external intervention,

l. Reaffirms the inalienable right of the Palestinian people to self-determination without external interference;

2. Calls upon Israel to comply with its obligations under the Charter of the UnitedNations and the principles of international law, and to withdraw from the Palestinian territories, including Jerusalem, and the other Arab territories which it has occupied since 1967 by military force, in accordance with the relevant UnitedNations resolutions, so as to enable the Palestinian people to exercise their universally recognized right to self-determination;

3. Requests the Secretary-General to transmit the present resolution to the Government of Israel and all other Governments, to distribute it on the widest possible scale and to make available to the Commission on Human Rights, prior to the convening of its fifty-fourth session, all information pertaining to the implementation of the present resolution by the Government of Israel;

4. Decides to include in the provisional agenda of its fifty-fourth session the item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" and to consider the situation in occupied Palestine under that item, as a matter of high priority.

26th meeting
26 March 1997

[Adopted by a roll-call vote of 28votes to 1, with 21 abstentions.See chap. VII.]


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