Full text of draft resolution that Palestine plans to submit to UNGA 11Nov12 November 11, 2012

Occupied Palestine    -    10 November 2012

Pasted below is the full text, as it currently stands, of the resolution the Palestinian Authority is planning to bring to the UN General Assembly, apparently on November 29.

The resolution is extremely mild, calling for the State of Palestine to be accorded the same status in the GA as the Vatican has. It also calls for a two-state solution, the resumption of talks based on the relevant resolutions and past negotiations, and for the Security Council to consider “favorably” the application for full membership submitted last year.

None of this can be considered radical or extremist, and most of it is obviously necessary if there is to be any progress toward any resolution. While it can be argued that the two-state solution has already passed the point where it can be reasonably implemented, this remains the stated goal of the US, EU, Palestinian Authority, Arab League and even Israel. It’s pretty hard to see any reasonable argument against this resolution, and even harder to see why this would send the US and Israel into the tizzy it has.

The submission of a resolution which, absent the fanaticism of the Israel Lobby, with its unshakable dedication to obstructing a better future for Israelis as well as Palestinians, and their toadies in Congress, would give President Obama a great opportunity to try to rescue the two-state solution should be cause for celebration. Yes, the passage of the resolution would potentially allow the PA access to the international legal system, but the US and Europe could probably prevent that and Israel would defy the court anyway.

There just isn’t that much to fear here, and the adoption of this resolution would give some life to a moribund peace process, and at least in a small way begin to address the imbalance in negotiating power between Israel and the Palestinians. The US should allow its adoption, though I see little chance that Obama will want to start his second term that way.

In any case, here is the resolution:

DRAFT [8 November 2012]

67th Session of the United Nations General Assembly

Agenda Item 37: Question of Palestine

The General Assembly,

Guided by the purposes and principles of the United Nations Charter, and stressing in this regard the

principle of equal rights and self-determination of peoples,

Recalling its resolution 2625 (XXV) of 24 October 19701, affirming, inter alia, the duty of every

State to promote through joint and separate action realization of the principle of equal rights and self determination of peoples,

Stressing the importance of maintaining and strengthening international peace founded upon

freedom, equality, justice and respect for fundamental human rights,

Recalling its resolution 181 (II) of 29 November 1947,

Reaffirming the Charter principle of the inadmissibility of the acquisition of territory by force,

Reaffirming relevant Security Council resolutions, including, inter alia, resolutions 242 (1967), 338

(1973), 446 (1979), 478 (1980), 1397 (2002), 1515 (2003) and 1850 (2008),

Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons

in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem,

Reaffirming its resolution 3236 (XXIX) of 22 November 1974, and all relevant resolutions, including

resolution 66/146 of 19 December 2011, reaffirming the right of the Palestinian people to selfdetermination,

including the right to their independent State of Palestine,

Reaffirming its resolution 43/176 of 15 December 1988, resolution 66/17 of 30 November 2011, and

all relevant resolutions regarding the “Peaceful Settlement of the Question of Palestine”, which, inter

alia, stress the need for (a) the withdrawal of Israel from the Palestinian territory occupied since

1967, including East Jerusalem; (b) the realization of the inalienable rights of the Palestinian people,

primarily the right to self-determination and the right to their independent State; (c) a just resolution

of the problem of the Palestine refugees in conformity with resolution 194 (III) of 11 December

1948; and (d) the complete cessation of all Israeli settlement activities in the Occupied Palestinian

Territory, including East Jerusalem,

Reaffirming also its resolution 66/18 of 30 November 2011 and all relevant resolutions regarding the

status of Jerusalem, bearing in mind that the annexation of East Jerusalem is not recognized by the

international community, and emphasizing the need for a way to be found through negotiations to

resolve the status of Jerusalem as the capital of two States,

1 Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in

accordance with the Charter of the United Nations (24 October 1970)

2

Recalling the advisory opinion of the International Court of Justice of 9 July 2004,

Reaffirming its resolution 58/292 of 6 May 2004, affirming, inter alia, that the status of the

Palestinian territory occupied since 1967, including East Jerusalem, remains one of military

occupation, and that in accordance with international law and relevant United Nations resolutions,

the Palestinian people have the right to self-determination and to sovereignty over their territory,

Recalling its resolutions 3210 (XXIX) of 14 October 1974 and 3237 (XXIX) of 22 November 1974,

by which, respectively, the Palestine Liberation Organization was invited to participate in the

deliberations of the General Assembly as the representative of the Palestinian people and was granted

observer status,

Recalling also its resolution 43/177 of 15 December 1988, by which it, inter alia, acknowledged the

proclamation of the State of Palestine by the Palestine National Council on 15 November 1988, and

decided that the designation “Palestine” should be used in place of the designation “Palestine

Liberation Organization” in the United Nations system, without prejudice to the observer status and

functions of the Palestine Liberation Organization within the United Nations system,

Taking into consideration that the Executive Committee of the Palestine Liberation Organization, in

accordance with a decision by the Palestine National Council, is entrusted with the powers and

responsibilities of the Provisional Government of the State of Palestine2,

Recalling its resolution 52/250 of 7 July 1998, by which additional rights and privileges were

accorded to Palestine in its capacity as observer,

Recalling the Arab Peace Initiative adopted in March 2002 by the League of Arab States,

Reaffirming its commitment, in accordance with international law, to the two-State solution of an

independent, sovereign, democratic, viable and contiguous State of Palestine living side by side with

Israel in peace and security on the basis of the pre-1967 borders;

Bearing in mind the mutual recognition of 9 September 1993 between the Government of the State of

Israel and the Palestine Liberation Organization, the representative of the Palestinian people,

Affirming the right of all States in the region to live in peace within secure and internationally

recognized borders,

Commending the Palestinian National Authority’s 2009 plan for constructing the institutions of an

independent Palestinian State within a two-year period, and welcoming the positive assessments in

this regard about readiness for Statehood by the World Bank, the United Nations and the

International Monetary Fund and as reflected in the Ad Hoc Liaison Committee Chair Conclusions of

April 2011 and subsequent Chair Conclusions, which determined that the Palestinian Authority is

above the threshold for a functioning State in key sectors studied,

Recognizing that full membership is enjoyed by Palestine in the United Nations Educational,

Scientific and Cultural Organization, the Economic and Social Commission for Western Asia, and

2 A/43/928 of 9 December 1988

3

the Group of Asian States and is also a full member as in the League of Arab States, the Non-Aligned

Movement, the Organization of Islamic Cooperation and the Group of 77 and China,

Taking note of the 11 November 2011 report of the Security Council Committee on the Admission of

New Members,

Stressing the permanent responsibility of the United Nations towards the question of Palestine until it

is satisfactorily resolved in all its aspects,

Reaffirming the principle of universality of membership of the United Nations,

1. Reaffirms the right of the Palestinian people to self-determination and to independence in their

State of Palestine on the basis of the pre-1967 borders;

2. Recognizes that, to date, 132 States Members of the United Nations have accorded recognition to

the State of Palestine;

3. Decides to accord to Palestine Observer State status in the United Nations system, without

prejudice to the acquired rights, privileges and role of the Palestine Liberation Organization as

the representative of the Palestinian people, in accordance with the relevant resolutions and

practice;

4. Expresses the hope that the Security Council will consider favorably the application submitted on

23 September 2011 by the State of Palestine for admission to full membership in the United

Nations;

5. Affirms its determination to contribute to the achievement of the inalienable rights of the

Palestinian people and the attainment of a peaceful settlement in the Middle East that ends the

occupation that began in 1967 and fulfills the vision of two States, an independent, sovereign,

democratic, contiguous and viable State of Palestine, living side by side in peace and security

with Israel and its other neighbors, on the basis of the pre-1967 borders, with delineation of

borders to be determined in final status negotiations;

6. Expresses the urgent need for the resumption and acceleration of negotiations within the Middle

East peace process, based on the relevant United Nations resolutions, the Madrid terms of

reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet

Roadmap, for the achievement of a just, lasting and comprehensive peace settlement between the

Palestinian and Israeli sides that resolves all outstanding core issues, namely the Palestine

refugees, Jerusalem, settlements, borders, security, water and prisoners;

7. Urges all States and the specialized agencies and organizations of the United Nations system to

continue to support and assist the Palestinian people in the early realization of their right to selfdetermination,

independence and freedom;

8. Requests the Secretary-General to take the necessary measures to implement the present

resolution and to report to the Assembly within three months on progress made in this regard.


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