DECLARATION ON PALESTINE

XIV MINISTERIAL CONFERENCE OF THE NON-ALIGNED MOVEMENT (NAM)
Durban - 20 August 2004
www.nam.gov.za/media/040820a.htm

1. The Ministers considered the developments regarding the critical issue of
the construction by Israel, the occupying Power, of the Wall in the Occupied
Palestinian Territory, including in and around East Jerusalem, including the
Advisory Proceedings of the International Court of Justice, undertaken
pursuant to the request for an advisory opinion from the Court made by the
tenth emergency special session of the General Assembly in its resolution
ES-10/14 of 8 December 2003. The Ministers welcomed the Advisory Opinion
rendered on 9 July 2004 by the International Court of Justice on the "Legal
Consequences of the Construction of a Wall in the Occupied Palestinian
Territory". The Ministers received the Advisory Opinion with the highest
respect, fully accepted the authoritative findings and conclusions of the
Court and considered this strong and comprehensive Opinion to represent an
historic opportunity for a necessary return to the rule of international law
in all efforts to justly and peacefully address the question of Palestine
and resolve the Israeli-Palestinian conflict.

2. The Ministers recalled in particular the Court's conclusion that "the
construction of the wall being built by Israel, the occupying Power, in the
Occupied Palestinian Territory, including in and around East Jerusalem, and
its associated regime, are contrary to international law". In this regard,
the Ministers underscored the Court's findings regarding the violations of
international law, including international humanitarian law and human rights
law, by Israel, the occupying Power, including, inter alia, the finding that
the construction of the wall and its associated regime: create a 'fait
accompli' on the ground which would be tantamount to de facto annexation;
severely impede the exercise by the Palestinian people of its right to
self-determination and therefore violate that right; have led to the
destruction or requisition of properties in contravention of relevant
provisions of the Hague Regulations and the Fourth Geneva Convention; and
violate the Palestinian people's freedom of movement and the right to work,
to health, to education and to an adequate standard of living. The Ministers
further underscored the Court's conclusion that the Israeli settlements in
the Occupied Palestinian Territory, including East Jerusalem, have been
established in breach of international law, and noted the Court's findings
regarding the relationship between the route of the Wall and the illegal
measures taken by Israel with regard to East Jerusalem and the settlements.

3. The Ministers emphasized the importance of the conclusions set forth by
the Court in the dispositif of the Advisory Opinion. In this regard, the
Ministers recalled the Court's determination: that Israel is under an
obligation to terminate its breaches of international law, to cease the
construction of the wall being built in the Occupied Palestinian Territory,
including in and around East Jerusalem, to dismantle the structure therein
situated, and to repeal or render ineffective all legislative and regulatory
acts relating thereto; that Israel is under an obligation to make reparation
for all damage caused by the construction of the wall; that all States are
under an obligation not to recognize the illegal situation resulting from
the construction of the wall and not to render aid or assistance in
maintaining the situation created by such construction and that all States
parties to the Fourth Geneva Convention have an additional obligation of
ensuring compliance by Israel with the Convention; and that the United
Nations, especially the General Assembly and the Security Council, should
consider what further action is required to bring to an end the illegal
situation resulting from the construction of the wall and the associated
regime, taking due account of the Opinion.

4. The Ministers strongly welcomed the adoption of resolution ES-10/15 on 20
July 2004 by the tenth emergency special session of the General Assembly, in
which the Assembly, inter alia, demands that Israel, the occupying Power,
comply with its legal obligations as mentioned in the Advisory Opinion and
also calls upon all Member States of the United Nations to comply with their
legal obligations as mentioned in the Advisory Opinion. The Ministers
regarded the overwhelming adoption of this resolution as a first important
step by the United Nations in follow-up of the Opinion. The Ministers seized
the opportunity to call for respect of and compliance with the Advisory
Opinion by Israel, the occupying Power, and by Member States, and expressed
their strong hope and conviction that such respect and compliance would
positively influence efforts for achieving a peaceful, political settlement
of the conflict based on international law.

5. The Ministers, in the meanwhile, took note of the immediate negative
response by Israel to the Advisory Opinion and its defiant declarations to
continue constructing the wall in the Occupied Palestinian Territory,
including East Jerusalem. The Ministers thus called for the following
specific actions:

a. At the United Nations, the Ministers called for further measures to be
taken, in accordance with operative paragraph 5 of resolution ES-10/15, and
also called on the Security Council to fulfill its responsibilities by
adopting a clear resolution and undertaking necessary measures in this
regard. The Ministers also called on the Secretary-General of the United
Nations to expedite the work with regard to the request made by the Assembly
in resolution ES-10/15 to establish a register of damages caused by the Wall
and to ensure that the positions and documents of the Secretariat are fully
consistent with the Advisory Opinion.

b. With regard to Member States, the Ministers called upon them to undertake
measures, including by means of legislation, collectively, regionally and
individually, to prevent any products of the illegal Israeli settlements
from entering their markets consistent with the obligations under
International Treaties, to decline entry to Israeli settlers and to impose
sanctions against companies and entities involved in the construction of the
wall and other illegal activities in the Occupied Palestinian Territory,
including East Jerusalem.

c. With regard to the High Contracting Parties to the Fourth Geneva
Convention, the Ministers called for them to adhere to Article 1 common to
the four Geneva Conventions and to undertake measures to ensure compliance
by Israel with the Convention. They reaffirmed in this regard the
obligations of the High Contracting Parties regarding penal sanctions, grave
breaches and responsibilities of the High Contracting Parties. The Ministers
also called on Switzerland to expedite its consultations, as requested in
operative paragraph 7 of resolution ES-10/15, including with regard to
reconvening the Conference of High Contracting Parties to the Fourth Geneva
Convention.

6. The Ministers turned their consideration to the overall plight of the
Palestinian people and their prolonged struggle to achieve their inalienable
rights, including the right to self-determination. The Ministers stressed
that the main danger to the realization of the national rights of the
Palestinian people and the achievement of the two-State solution is the
settler colonialism and the construction of the Wall being carried out by
Israel, the occupying Power, in the Occupied Palestinian Territory,
including East Jerusalem. They reiterated that the complete cessation of all
settlement activities and of the construction of the Wall is essential for
the survival of the Road Map. The Ministers reaffirmed the many relevant
Security Council resolutions on such illegal Israeli measures, including
measures taken by the occupying Power to change the status, character and
demographic composition of Jerusalem, which are null and void, and called
for the full implementation of those resolutions and as well as full
compliance with the Advisory Opinion of the International Court of Justice
in this regard.

7. The Ministers condemned the confinement of President Yasser Arafat for
more than two and half years by the occupying Power and the repeated threats
against his life, safety and well-being. They expressed solidarity with the
democratically-elected President of the Palestinian Authority and stressed
the necessity for ending both the confinement and threats, which are
contrary to the right of the Palestinian people to freely choose their own
leader and are severely hampering the proper functioning of the Palestinian
Authority and potential progress in the peace process. The Ministers
determined to undertake another visit to the Occupied Palestinian Territory
by a delegation of the Committee on Palestine in the near future.

8. The Ministers expressed the hope that the international community and the
Quartet will exert the necessary efforts to salvage the Road Map and
implement its provisions towards its stated aims and goals. They expressed
concern at repeated Israeli attempts to evade the Road Map and to substitute
it with different steps. In this regard, the Ministers stressed that any
Israeli withdrawal from the Gaza Strip should be a full and complete
withdrawal, should be accompanied by similar steps in the West Bank, should
be part of the Road Map and should be carried out in full cooperation with
the Palestinian Authority. They reiterated the importance of preserving the
agreed timeline in the Road Map.

9. The Ministers stressed that a vital role should continue to be played by
the Movement and entrusted the Chair, assisted by the Committee on
Palestine, to lead the efforts of the Movement with regard to the question
of Palestine and peace in the region. They stressed the importance of
ongoing contact and dialogue at the Ministerial level with the members of
the Quartet as well as the permanent members of the Security Council. In
this regard, they expressed their appreciation to the members of the NAM
Caucus of the Security Council for their efforts in the Council with regard
to the question of Palestine. They further reaffirmed the need to undertake
the necessary contacts with the relevant parties in the peace process with a
view to facilitating the achievement of a just, durable and comprehensive
peace.

10. The Ministers reaffirmed the need for early convening of a special
meeting of regional and international groupings aimed at building a broad
partnership for achieving a peaceful solution to the Israeli-Palestinian
conflict, further mobilizing the international community in support of the
two-State solution, based on the pre-1967 borders and on international law,
and the right of all states and peoples in the region to live in peace and
security free from violence and terrorism. They underlined the importance of
the work of Non-Governmental Organisations (NGO), Civil Society
Organisations and Peace Groups in the region and encouraged the work of
these, in particular on the Palestinian and Israeli sides.

11. The Ministers concluded by reiterating their commitment to a peaceful
solution to the Israeli-Palestinian conflict and by reaffirming their
unwavering support for the realization of the inalienable rights of the
Palestinian people, including the right to self-determination and to
sovereignty in their State of Palestine with East Jerusalem as its capital.