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Tuesday, November 13, 2012
Complete Text of Draft UN Resolution Upgrading Status of Palestine

Complete Text of Draft UN Resolution Upgrading Status of Palestine
Dr. Aaron Lerner - IMRA 13 November 2012

Dr. Sabri Saidam, First Deputy Secretary General of the Fateh Revolutionary
Council, told IMRA this evening (and an official at the Permanent Observer
Mission of Palestine to the United Nations reconfirmed) that the intent of
the statement by Mahmoud Abbas that he plans to renew negotiations with
Israel immediately after the passage of the UN resolution is that those
negotiations would be based on, among other things, that resolution. Thus
the negotiations would be based, a priori on the "basis of the pre-1967
borders".

The preamble also mentions "the need for a way to be found through
negotiations to resolve the status of Jerusalem as the capital of two
States."

[Source:
http://www.innercitypress.com/palreso1icpga110812.pdf ]

Permanent Observer Mission of Palestine to the United Nations

Ref. MI.274/12

The Permanent Observer Mission of Palestine to the United Nations presents
its compliments to the Permanent Missions and Permanent Observer Missions to
the United Nations, and has the honor to enclose herein, for the valuable
consideration and support of all delegations, a draft resolution regarding
the enhancement of the status of Palestine in the United Nations General
Assembly to be considered by the Assembly at a date to be announced in the
near future.

The Permanent Observer Mission of Palestine to the United Nations avails
itself of this opportunity to renew to the Permanent Missions and Permanent
Observer Missions to the United Nations the assurances of its highest
consideration.

New York, 8 November 2012

The Permanent Missions and Permanent Observer Missions to the United Nations

The United Nations

New York

DRAFT {8 November 20121

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 1970([1], 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 self-determination,
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,

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 !aw 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 431177 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 Palestine [2],

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 al! 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 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 self-determination,
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.

=====

[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] A/43/928 of 9 December 1988

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