Statement by Ambassador Ileana Núñez Mordoche, Chargé d' Affaires A.I. of the Permanent Mission of Cuba, on behalf of the Non-Aligned Movement, at the resumed tenth emergency Special Session of the General Assembly to review the establishment of the UN Register of Damage caused by the construction of the wall in the occupied Palestinian Territory. New York, 15 December 2006
I have the honour to address the General Assembly on behalf of the Non-Aligned Movement.
The Movement welcomes the convening of this resumed Tenth Special Session, with the purpose of materializing the demand by this Assembly in 2004 to establish a Register of Damage caused by Israel as a consequence of the construction of the Separation Wall.
The Non-Aligned Movement has clearly stated in several occasions its principled position towards the illegal character of the construction of the Wall. The Wall is illegal and must be dismantled without delay. Israel must be prohibited to continue its construction.
Despite the opposition of the international community, Israel continues to build the Wall in the Occupied Palestinian Territory, including in and around East Jerusalem. These actions are a flagrant defiance to the to the Advisory Opinion of the International Court of Justice and violate the General Assembly resolution ES- 10/15 of 20 July 2004, both of which reaffirm the illegality of the construction of the Separation Wall on the West Bank and in East Jerusalem.
The Wall has a 42% (336Km) completion, and 102 Km are still under construction. This barrier will separate more than 2 million Palestinians who live in the eastern part of the wall, and will isolate more than 230 000 Palestinians who live in Jerusalem form the rest of the West Bank.
We remain concerned at the grave breaches of International Law, including the Fourth Geneva Convention, that continue to be committed by Israel in this regard, including, inter alia, the destruction and requisition of land and properties, the violations of the Palestinian people's freedom of movement and their right to work, to health, to education and to an adequate standard of living, and the displacement of Palestinian civilians from their homes and lands.
Once again, the Non-Aligned Movement demands that Israel scrupulously respect its legal obligations pursuant to the Advisory Opinion, especially regarding paragraphs 152, 153 and 163 (c) which states that Israel has the obligation to repair the damages caused by the construction of the Wall in the Occupied Palestinian Territory, including East Jerusalem, and to comply fully with resolution ES- 10/15. We reiterate the call of the Member States and the United Nations to Israel's fulfilment of its obligations in this regard.
The Non-Aligned Movement would like to recall, in particular, the determination of the International Court of Justice that Israel is under an obligation to terminate its breaches of International Law, to cease the construction of the Wall, to dismantle the structure therein situated, and to repeal or render ineffective all legislative and regulatory acts relating thereto.
Until and unless Israel fulfils its legal obligations, the Non-Aligned Movement urges Member States 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.
The Non-Aligned Movement reiterates 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.
On its part, the United Nations, especially the General Assembly and the Security Council, should consider what further action is required to bring an end to the illegal situation resulting from the construction of the Wall and the associated regime, taking due account of the Advisory Opinion.
The Movement once again calls upon the Security Council to assume its responsibilities to compel Israel to respect the law and, inter alia, stop the illegal construction of settlements and the Wall which is aimed at confiscating and annexing Palestinian land and property and altering the demographic and geographic character of the Palestinian Territory, including East Jerusalem.
The Non-Aligned Movement considers that if not ceased and reversed, this Wall will render the two-State solution to the conflict impossible to achieve.
As rightly expressed by the draft resolution that we are considering today, the Register of Damage will contribute to restore and indemnify the Palestinian people for the damages caused by the construction of the Wall, in accordance with the rules and principles of International Law.
The Register of Damage should remain open in order to register the claims arising from and while the Wall exists in the Occupied Palestinian Territory, in and around East Jerusalem.
The Register of Damage should work with effectiveness and use with efficiency the resources that the Member States will allocate to this mechanism. All the verifiable and quantifiable claims should be duly registered and the loss and damage brought about by the Wall should be assessed with full rigor.
In this regard, a close cooperation is needed among the UN agencies and offices based in the occupied Palestinian territory, among them the UN Office for the Coordination of Humanitarian Affairs (OCHA), the United Nations Relief and Works Agency for Palestine Refugees (UNWRA) and the United Nations Development Programme (UNDP), with the aim of facilitating the work of the Register of Damage.
We hope that the Register of Damage, as a subsidiary body of the General Assembly, carries out its work in a productive manner and be an effective contribution to the realization of the stated by the Advisory Opinion of the International Court of Justice.
I would like to conclude, Madam President: by making a call on behalf of the Non-Aligned Movement urging the Member States to give their valuable support to the draft resolution contained in document A/ES.10/L.20.
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