UN General Assembly resolution 3089 (XXVIII)

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United Nations Relief and Works Agency for Palestine Refugees in the Near East

United Nations General Assembly Resolution 3089 (XXVIII) (A-E) (7 December 1973)

The General Assembly,

Recalling its resolutions 2252 (ES-V) of 4 July 1967, 2341 B (XXII) of 19 December 1967, 2452 C (XXIII) of 19 December 1968, 2535 C (XXIV) of 10 December 1969, 2672 B (XXV) of 8 December 1970, 2792 B (XXVI) of 6 December 1971 and 2693 B (XXVII) of 13 December 1972,

Taking note of the annual report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, covering the period from 1 July 1972 to 30 June 1973,^1/

Concerned about the continued human suffering resulting from the June 1967 hostilities in the Middle East,

1. Reaffirms its resolutions 2252 (ES-V), 2341 B (XXII), 2452 C (XXIII), 2535 C (XXIV), 2672 B (XXV), 2792 b (XXVI) and 2963 B (XXVII);
2. Endorses, bearing in mind the objectives of those resolutions, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as far as practicable, on an emergency basis and as a temporary measure, to other persons in the area who are at present displaced and in serious need of continued assistance as a result of the June 1967 hostilities;
3. Strongly appeals to all Governments and to organizations and individuals to contribute generously for the above purposes to the United Nations Relief and Works Agency for Palestine Refugees in the Near East and to the other intergovernmental and non-governmental organizations concerned.

The General Assembly,

Recalling its resolution 2963 A (XXVII) of 13 December 1972 and all previous resolutions referred to therein, including resolution 194 (III) of 11 December 1948,

1. Notes with deep regret that repatriation or compensation of the refugees as provided for in paragraph 11 of General Assembly resolution 194 (III) has not been effected, that no substantial progress has been made in the programme endorsed by the General Assembly in paragraph 2 of resolution 513 (VI) of 26 January 1952 for the reintegration of refugees either by repatriation or resettlement and that, therefore, the situation of the refugees continues to be a matter of serious concern;
2. Expresses its thanks to the Commissioner-General and to the staff of the United Nations Relief and Works Agency for Palestine Refugees in the Near East for their continued faithful efforts to provide essential services for the Palestine refugees, and to the specialized agencies and private organizations for their valuable work in assisting the refugees;
3. Notes with regret that the United Nations Conciliation Commission for Palestine has been unable to find a means of achieving progress in the implementation of paragraph 11 of General Assembly resolution 194 (III) and requests the Commission to exert continued efforts towards the implementation thereof and to report thereon as appropriate, but not later than 1 October 1974;
4. Directs attention to the continuing critical financial position of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as outlined in the Commissioner-General's report;
5. Notes with concern that, despite the commendable and successful efforts of the Commissioner-General to collect additional contributions to help relieve the serious budget deficit of the past year, contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East continue to fall short of the funds needed to cover essential budget requirements;
6. Calls upon all Governments as a matter of urgency to make the most generous efforts possible to meet the anticipated needs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, particularly in the light of the budgetary deficit projected in the Commissioner-General's report, and therefore urges non-contributing Governments to contribute and contributing Governments to consider increasing their contributions.

The General Assembly,

Recalling Security Council resolution 237 (1967) of 14 June 1967,

Recalling also its resolutions 2252 (ES-V) of 4 July 1967, 2452 A (XXIII) of 19 December 1968, 2535 B (XXIV) of 10 December 1969, 2672 D (XXV) of 8 December 1970, 2792 E (XXVI) of 6 December 1971 and 2963 D (XXVII) of 13 December 1972, calling upon the Government of Israel to take effective and immediate steps for the return without delay of those inhabitants who had been displaced since the outbreak of hostilities in June 1967, and its resolutions 2792 C (XXVI) of 6 December 1971 and 2963 C (XXVII) of 13 December 1972, calling upon the Government of Israel to take immediate and effective steps for the return of the refugees concerned to the camps from which they were removed in the Gaza Strip and to provide adequate shelters for their accommodation,

Emphasizing the need for full implementation of the above-mentioned resolutions,

Having considered the reports of the Secretary-General of 18 September 1973,^3/

Noting that the Israeli occupation authorities have persisted in adopting measures that obstruct the return of the displaced population to their homes and camps in the occupied territories--including changes in the physical and demographic structure of the occupied territories, by the displacement of inhabitants, the transfer of population, the destruction of towns, villages and homes, and the establishment of Israeli settlements--in violation of the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,^4/ as well as the pertinent United Nations resolutions, and reaffirming that it considers those measures null and void,

1. Reaffirms the rights of the displaced inhabitants, including those displaced as a result of recent hostilities, to return to their homes and camps;
2. Considers the plight of the displaced inhabitants continues because they have been prevented from returning to their homes and camps;
3. Deplores the refusal of the Israeli authorities to take steps for the return of the displaced inhabitants in accordance with the above-mentioned resolutions;
4. Calls once more upon Israel immediately:
- (a) To take steps for the return of the displaced inhabitants;
- (b) To desist from all measures that obstruct the return of the displaced inhabitants, including measures affecting the physical and demographic structure of the occupied territories;
- (c) To take effective steps for the return of the refugees concerned to the camps from which they were removed in the Gaza Strip and to provide adequate shelters for their accommodation;
5. Requests the Secretary-General, after consulting with the Commissioner- General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, to report as soon as possible, and whenever appropriate thereafter, but in any case not later than the opening date of the twenty-ninth session of the General Assembly, on Israel's compliance with and implementation of paragraph 4 of the present resolution.

The General Assembly,

Recognizing that the problem of the Palestine Arab refugees has arisen from the denial of their inalienable rights under the Charter of the United Nations and the Universal Declaration of Human Rights,

Recalling its resolution 2535 B (XXIV) of 10 December 1969, in which it reaffirmed the inalienable rights of the people of Palestine, and its resolutions 2649 (XXV) of 30 November 1970, 2672 C (XXV) of 8 December 1970, 2787 (XXVI) and 2792 D (XXVI) of 6 December 1971, 2955 (XXVII) of 12 December 1972 and 2963 E (XXVII) of 13 December 1972, in which it recognized, inter alia, that the people of Palestine is entitled to the right of self-determination,

Bearing in mind Bearing in mind the principle of equal rights and self-determination enshrined in Articles 1 and 55 of the Charter and more recently reaffirmed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations^5/ and in the Declaration on the Strengthening of International Security,^6/

1. Reaffirms that the people of Palestine is entitled to equal rights and self-determination, in accordance with the Charter of the United Nations;
2. Expresses once more its grave concern that the people of Palestine has been prevented by Israel from enjoying its inalienable rights and from exercising its right to self-determination;
3. Declares that full respect for and realization of the inalienable rights of the people of Palestine, particularly its right to self-determination, are indispensable for the establishment of a just and lasting peace in the Middle East, and that the enjoyment by the Palestine Arab refugees of their right to return to their homes and property, recognized by the General Assembly in resolution 194 (III) of 11 December 1948, which has been repeatedly reaffirmed by the Assembly since that date, is indispensable for the achievement of a just settlement of the refugee problem and for the exercise by the people of Palestine of its right to self-determination.

The General Assembly,

Considering that the United Nations Relief and Works Agency for Palestine Refugees in the Near East is in dire need of additional funds to meet its minimal annual expenses,

Noting that many member States are not in a position to make any contribution to the United Nations Relief and Works Agency for Palestine Refugees in the Near East,

Noting also that may States, instead of contributing to the budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, prefer to extend direct aid to the Palestine refugees,

Taking into account that the contribution of the United States of America to the regular budget of the United Nations has been reduced to 25 per cent by General Assembly resolution 2961 B (XXVII) of 13 December 1972 on the understanding that the United States will endeavour to maintain and possibly increase its voluntary contributions to the various agencies and other organs of the United Nations,

Considering further the deep interest which certain Western European and other States have manifested in the Middle East for many years,

1. Expresses its gratitude to all States which have in the past generously contributed to the budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East;
2. Appeals to Member States, especially those with $1,500 or more per capita income, to consider increasing their contribution to the United Nations Relief and Works Agency for Palestine Refugees in the Near East.

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^1/ Official Records of the General Assembly, Twenty eighth Session, Supplement No. 13 (A/9013).
^2/ Ibid.
^3/ A/9155 and A/9156.
^4/ United Nations, Treaty Series, vol. 75, No. 973, p. 287.
^5/ Resolution 2625 (XXV), annex.
^6/ Resolution 2734 (XXV).

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SOURCE: UN Website (www.un.org) (1970).

(C) Israel Law Resource Center, December, 2007.

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