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Transcript of 2010 10 UNESCO Arab Group 5 Resolutions Summary English
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Brief report on the five items
concerning Palestine submitted
by the Arab Group at the 185th session
of the Executive Board
Paris 5 - 21 October 2010
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1. The Mughrabi Ascent
The Mughrabi Ascent is a path inclined by 75 meters leading from the
Mughrabi Gate to the Esplanade of the Mosques. Damaged by the Israeli after
the Six-Day war in June 1967, the Israeli authorities began the excavations in
one of the most sensitive sites of the Old City. A controversial move taken
without consultation either with the Palestinian Authority or the Islamic
Waqf: the Islamic religious endowment, under the Jordanian supervision
which controls the Muslim worship places.
Recalling that under The Hague Convention of 1907 and the Fourth Geneva
Convention of 1949, the occupying power must observe the laws in force prior
to the occupation, namely the Jordan laws. The occupying power can only
change these laws to ensure its safety or to promote the interest of local people.
The excavations have caused the disappearance of the remaining part of the
hill of the Mughrabi Quarter that leads from the Buraq place to the Haram
Al-Sharif. Because of the international reaction, the excavations have been
suspended pending the ratification of key plans. An international committee
was formed under the presidency of the UNESCO to deal with this question.
The ascent is composed of several archaeological stratums from various his-
torical periods. Several plans were proposed to alleviate the consequences of
these excavations, including the construction of a bridge made of mineral,
glass or cement. However, the Palestinian and Jordanian insist on the return
of the Ascent as it was originally and the conservation of the remaining parts.
This item is regularly inscribed on the agenda of the World Heritage Com-
mittee and the Executive Board since 2006. At its 34th session (25 July-3 Au-
gust 2010, Brasilia, Brazil), the World Heritage Committee adopted Decision
34 COM 7A.20 reiterating its decision 33 COM 7A.18 adopted at its previ-
ous session, including its request for the process for the design of the
Mughrabi Ascent to be inclusive of all parties concerned and for the Israeli au-
thorities [to] continue the cooperation commenced with all concerned parties,
in particular with Jordanian and Waqf experts.
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Item 5 Implementation of 35 C/Resolution
49 and 184 EX/DECISION 5(IV) relating to the ascent
to the Mughrabi Gate in the old city of Jerusalem
DRAFT DECISION
The Executive Board,
1. Having examined document 184 EX/5 (IV) and Add.,
2. Recalling document 182 EX/5 (V),
3. Recalling 176 EX/Special Plenary Meeting/Decision, 177 EX/Decision20, and 179 EX/Decisions 9 and 52,
4. Further recalling Decisions 31 COM 7A.18, 32 COM 7A.18 and 33 COM
7A. 18 adopted by the World Heritage Committee at its 31st (Christchurch,
2007), 32nd (Quebec City, 2008) and 33rd (Seville, 2009) sessions respec-
tively,
5. Also recalling the relevant provisions on the protection of cultural
heritage including: the four Geneva Conventions (1949), the relevant
provisions of the 1907 Hague Regulations on Land Warfare, the Hague
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Convention for the Protection of Cultural Property in the Event of Armed
Conflict of 1954, the Convention for the Protection of the World Cultural and
Natural Heritage of 1972, the inscription of the Old City of Jerusalem and its
Walls at the request of Jordan on the World Heritage List (1981) and on
the List of World Heritage in Danger (1982), and the recommendations,resolutions and decisions of UNESCO,
6. Recalling the Advisory Opinion of the International Court of Justice in
the case concerning the Legal Consequences of the Construction of a Wall
in the Occupied Palestinian Territory regarding the applicability of the four
Geneva Conventions (1949) in the Occupied Palestinian Territory and the
related duties of the United Nations and its specialized agencies thereon,
7. Reaffirming the purpose and spirit of the professional encounter at the
technical level of 13 January 2008, as well as the follow-up meeting of 24
February 2008,
8. Noting the Sixth Reinforced Monitoring Reports (February 2009)
prepared by the World Heritage Centre,
9. Deeply regretting in this regard, the postponement of the follow-up
meeting of experts which was scheduled on 12 November 2008, as called for
in Decision 33 COM 7A.18 adopted by the World Heritage Committee in
Seville and reiterated in UNESCO Executive Board 182 EX/Decision 5 (ll),
as well as of the planned visit of Jordanian technical experts to the Mughrabi
Ascent site on 27 July 2009, and requested visits of 17 December 2009 and
9 March 2010 due to the repeated denial of access by Israeli authorities, to
Jordanian technical experts to the Mughrabi Ascent site, to enable them toconduct the required measurements to finalize the Jordanian Design in
accordance with the World Heritage Committee decision (33 COM 7A.18)
adopted in Seville and reiterated in UNESCO Executive Board 182 EX/De-
cision 5 (ll),
10. Recognizing the deep concerns regarding the decision taken by the
Jerusalem District Planning and Construction Commission on the town
planning scheme for the Mughrabi Ascent,
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11. Requests that, despite the decision mentioned in paragraph 10, the process
for the design of the Mughrabi Ascent be inclusive of all parties concerned,
in accordance with obligations and duties of such parties as stipulated in the
content of previous World Heritage Committee decisions;
12. Reaffirms in this regard that no measures, unilateral or otherwise,
should be taken which will affect the authenticity and integrity of the site, in
accordance with the Convention for the Protection of the World Cultural and
Natural Heritage of 1972 and the relevant provisions on the protection of
cultural heritage of the Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict of 1954;
13. Notes the request made by the World Heritage Committee at its 33rdsession in Decision 33 COM 7A.18 and asks, in this regard, that the Israeli
authorities resume cooperation with all concerned parties, in particular with
Jordanian and Waqf experts;
14. Deeply regrets that Israel continues to act unilaterally in disregard to the
relevant provisions of the instruments mentioned in paragraph 5 and decision
33 COM 7 A.18 adopted by the World Heritage Committee at its 33rd
session (Seville 2009), and UNESCO Executive Board 182 EX/Decision 15,
and contrary to the purpose and spirit of the technical professional encounter
of 13 January 2008, as well as the follow-up meeting of 24 February 2008,
which aimed at finding an accepted coordinated and monitored solution
concerning the Mughrabi Ascent among all parties concerned;
15. Reaffirms the necessity of lsraels cooperation in order to arrange for
access to the Mughrabi Ascent site for Jordanian and Waqf experts, andreiterates its call on the Director-General to organize a follow-up meeting of
experts as soon as possible, once the parties concerned have reached an
understanding;
16. Reaffirms that the UNESCO mandated process for designing of
the Mughrabi Ascent, which allows for the taking into consideration of the
designs submitted during the aforementioned professional encounter, is still
under way, and that the World Heritage Centre is following closely thedevelopments associated with this process through its Reinforced Monitor-
ing Mechanism;
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17. Calls upon Israel to enable the necessary access to the site to Jordanian
and Waqf experts, most notably, in order to take the necessary measurements
for the concept design proposed by Jordan, as evaluated by ICOMOS and
lCCROM; and enable Jordan as a concerned party to present its final design
for the restoration and preservation of the Mughrabi Ascent;
18. Expresses its thanks to the Director-General for the actions she is taking
to facilitate the dialogue and professional exchanges between all the parties
concerned;
19. Invites the Director-General to submit to it a progress report thereon at its
186th session.
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2. Jerusalem
Occupied and unilaterally annexed by Israel in 1967, the city of East
Jerusalem is subject to a series of measures in order to put into practice what
annexation had instituted in texts.
In other words, successive Israeli governments have sought and still seek
to extend and perpetuate their hold on the city by fundamentally changing
the human fabric. These practices are obviously affecting the unique character
of East Jerusalem, both at the religious and cultural sides as well as the
historical and demographic configuration of the city.
The Old City of Jerusalem is inscribed since 1981on the World Heritage List
and, since 1982, on the List of World Heritage in Danger. Israel keeps on
undertaking excavation and digging works in East Jerusalem, despite the
Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict. These excavations endanger the cultural heritage of the city.
These diggings form a network of tunnels running through all of
East Jerusalem. The construction of the separation Wall inside and around
East Jerusalem and the construction of the tramway along the walls of the OldCity have a very negative visual impact on the historic landscape of
East Jerusalem.
Expropriations, land and properties confiscations, house demolitions and
legislative as well as administrative measures are aiming to force
East Jerusalem Palestinian population to leave their town. The separation Wall
is one of the numerous reasons leading to the gradual destruction of the
educative system. All these violations are forbidden by customary interna-tional law and by the UNESCO conventions and protocols signed by Israel
concerning many of them.
Since 1967 until now, Israel has constantly repeated de facto situations in
order to make irreversible the modification of the physical character, the
demographical composition and even the status of Jerusalem. Israel keeps
going in the same policy by promulgating on the 30th of July 1980 a Funda-
mental Law which stipulates in its first article Jerusalem, complete andunited, is the capital of Israel.
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The United Nations relevant resolutions adopted by the General Assembly
and by the Security Council have not ceased to deplore and censure all these
actions stating that they are totally invalid and cannot change that status
(Security Council Resolution 298, 25th of September 1971); to reconfirm that
all legislative and administrative measures and actions taken by Israel, the oc-cupying Power, which purport to alter the character and status of the Holy
City of Jerusalem have no legal validity and constitute a flagrant violation of
the Fourth Geneva Convention relative to the Protection of Civilian Persons
in Time of War (Security Council Resolution 476, 30th of June 1980); to af-
firm that the enactment of the "basic law" by Israel constitutes a violation of
international law ( Security Council Resolution 478, 20th of August 1980)
Since 1967, the United Nations have constantly reiterated their positions about
the question of Jerusalem.
Finally, it is important to note that the Israeli practices are prejudicial not only
to the rights of the Palestinian inhabitants of the city, but also to the interests
of the International Community, in so far as it undermines the deployed efforts
to achieve a just and lasting peace in the Middle East. This occurs at a crucial
time when the international actors are hardly trying to revive the negotiations
process.
It is imperative that Israel waives its daily violations towards the Palestinian
sovereignty, especially the colonization and all other forms of mass dispos-
session of the Palestinians, which constitute a major obstacle to peace.
Regarding East Jerusalem in particular, the main aim is to fully return to the
Palestinian Authority the control of a territory which is intended to be the
capital of the future Palestinian State.
The Israeli government could not continue to annex and colonize, thus
seeking to establish an irreversible occupation of space, in violation of the
purpose and principals of the United Nations and, at the same time, claim to
a negotiated solution based on the Land for peace principle.
The establishment of peaceful relations and good neighbourliness between
the Palestinian and the Israeli people requires getting through the impasse
created by the violation of global human rights and also of the sovereignty of
the Palestinians in the occupied territories of 1967, including East Jerusalem.
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Item 14 Jerusalem and the implementation of 35 C/Resolution
49 and 184 EX/DECISION 12
DRAFT DECISION
The Executive Board,
1. Having examined document 184 EX/12 and Add.,
2. Recalling resolutions and decisions of UNESCO on Jerusalem, as well as
the provisions of the four Geneva Conventions (1949), the Hague Conven-
tion for the Protection of Cultural Property in the Event of Armed Conflict
(1954) and the related Protocols and the Convention for the Protection of theWorld Cultural and Natural Heritage (1972),
3. Also recalling General Conference and Executive Board decisions re-
garding the appointment of a permanent representative of the Director-Gen-
eral of UNESCO on the issue of Jerusalem,
4. Affirming that nothing in the present decision, which is aimed at the safe-
guarding of the Cultural Heritage of East Jerusalem, shall in any way affectthe relevant United Nations resolutions and decisions, in particular the rele-
vant Security Council resolutions on the legal status of Jerusalem,
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5. Expresses its deep concern over the ongoing Israeli excavations and ar-
chaeological works on Al-Aqsa Mosque compound and in the Old City of
Jerusalem, which contradict with UNESCO decisions and conventions and
United Nations and Security Council resolutions;
6. Also expresses its concern about the ongoing Israeli practices in East
Jerusalem, that dangerously affect the citys distinctive character, both reli-
gious and cultural, historical and demographical;
7. Reaffirms the religious significance of the Old City of Jerusalem for Mus-
lims, Christians and Jews;
8. Invites the Director-General to appoint, as soon as possible, a permanentand eminent expert(s) to be stationed in East Jerusalem to report on a regular
basis about all the aspects covering the architectural, educational, cultural and
demographical situation in the City of East Jerusalem;
9. Invites the lsraeli authorities to facilitate the work of the expert(s) in con-
formity with its adherence to UNESCO decisions and conventions;
10. Also invites Member States to provide the necessary assistance to financethe work of the expert(s) from extrabudgetary resources;
11. Thanks the international donors for their generous contributions for the
implementation of projects within the framework of the UNESCO Action Plan
for the Safeguarding of the Cultural Heritage of the Old City of Jerusalem;
12. Expresses its sincere thanks to the Director-General for her commitment
to pursue the efforts for the safeguarding of the unique heritage of the City of
Jerusalem, in compliance with the relevant resolutions and decisions of the
General Conference and the Executive Board;
13. Decides to include this item on the agenda of its 186th session and
invites the Director-General to submit a follow-up report on this matter.
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3. Educational and cultural institutions in the occupiedArab territories
The Israeli occupation weakens the Palestinian educational system and
undermines not only the basic rights but also threatens the development of allthe Palestinian society.
The Palestinian youth finds itself confronting multiple obstacles impeding the
access to the basic right of education. This right is governed by the normative
instruments of the United Nations and the UNESCO that establish the
international legal obligations in the field of the right to education.
Each student should benefit from these instruments that favour and develophis right to accede to a good quality education, without any discrimination
and exclusion.
The access to education is continuously threatened by the Israeli policy of
colonization, expulsions and Palestinian houses demolitions. The educational
fabric is weakened leading the children and their families to find themselves
in the street. The construction of the separation wall and the extension of
checkpoints have worsened the educational system crisis forcing school-children and students to make a long detour in order to reach their schools
and universities.
Moreover, the excavations led by Israeli authorities in the subsoil of
East Jerusalem have already provoked the collapse of an UNRWA primary
school in February 2009.
In the Gaza Strip, the educational system has received a major blow: numerousschools and universities have been destructed during the Israeli murdering
offensive in December 2008. The reconstruction of these infrastructures turned
out to be impossible because of the Israeli blockade impeding the entrance of
construction materials as cement. Children are the principle victims of the re-
strictions on food products, combustible and school supplies. Due to electric-
ity shortage, they often suffer from lack of heating and electricity impeding
them from studying.
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Item 36 Implementation of 35 C/Resolution 75 and 184
EX/DECISION 30 concerning educational
and cultural institutions in the Occupied Arab Territories
(184 EX/30)
DRAFT DECISION
The Executive Board,
1 Recalling 35 C/Resolution 75 and 182 EX/Decision 54, as well as Article
26 of the Universal Declaration of Human Rights with regard to the right
to education, Articles 4 and 94 of the Fourth Geneva Convention with regard
to the denial of the right of children to education, as well as the UNESCOConvention for the Protection of the World Cultural and Natural Heritage
(1972) and the Hague Convention (1954) and its Additional Protocols,
2. Having examined documents 184 EX/30 and Add.,
3. Further recalling the role that UNESCO is called upon to play in order to
satisfy the right to education for all, and to meet the need for Palestinians to
have safe access to the education system,
4. Committed to the safeguarding of monuments, works of art, manuscripts,
books and other historical and cultural properties to be protected in the event
of conflict,
5. Deeply convinced that the continuous strengthening of the reconstruction
and development process in the Palestinian territories should be carried out in
a context of non-violence and of mutual respect and recognition, as promoted
by the objectives of the Road Map;
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6. Supports the efforts made by the Director-General with a view to the im-
plementation of 35C/Resolution 75 and 182 EX/Decision 54, and requests her
to do everything possible to ensure that they are fully implemented in the
framework of the Programme and Budget for 2010-2011 (35 C/5 Approved);
7. Expresses its appreciation for the substantial contributions of all
concerned Member States and intergovernmental organizations and non-
governmental organizations to UNESCOs action in the Palestinian territories,
and appeals to them to continue assisting UNESCO in this endeavour;
8. Thanks the Director-General for the results that have been obtained in
relation to the implementation of a number of current educational and
cultural activities, and invites her to strengthen UNESCOs financial andtechnical assistance to the Palestinian educational and cultural institutions in
order to address new needs and problems resulting from recent developments;
9. Expresses its continuing concern about the harmful impact of the Sepa-
ration Wall and other practices on the activities of cultural and educational
institutions, as well as obstacles that result which prevent Palestinian school-
children and students from being an integral part of their social fabric and
from exercising fully their right to education, and calls for the observance of
the provisions of 35 C/Resolution 75 and 182 EX/Decision 54;
10. Shares, in this regard, the call by the Quartet on 17 March 2010 upon
Israel to freeze all settlement building, including natural growth, dismantle
outposts erected since March 2001 and halt demolitions and evictions in East
Jerusalem and hopes for the resumption of Israeli-Palestinian negotiations;
11. Encourages the Director-General to continue to reinforce her action in
favour of the reconstruction, rehabilitation and restoration of the Palestinian
archaeological sites and cultural heritage;
12. Invites the Director-General to address the needs for capacity-building in
all UNESCOs fields of competence by expanding the financial assistance
programme for Palestinian students both from the regular budget and from
extrabudgetary resources;
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13. Requests the Director-General to organize, as soon as possible, the ninth
meeting of the Joint UNESCO-Palestinian Authority Committee;
II
14. Also invites the Director-General:
(a) to continue the efforts she is making to preserve the human, social and
cultural fabric of the occupied Syrian Golan, in accordance with the relevant
provisions of this decision;
(b) to undertake efforts to offer appropriate curricula, and to provide more
grants and adequate assistance to the educational and cultural institutions ofthe occupied Syrian Golan;
(c) to dispatch an expert to assess and evaluate the needs of the educational
and cultural institutions in the occupied Syrian Golan, who would report to the
Director-General before the 185th session of the Executive Board;
lll
15. Decides to include this item in the agenda of the Executive Board at its
186th session, and invites the Director-General to submit to it a progress re-
port thereon.
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4. The reconstruction and development of Gaza
During the Israeli military offensive against the Gaza Strip, from the 27th
of December to the 18th of January 2009, 1300 persons, among them 430
children and 110 women was killed; 5450 Palestinians had been wounded,among them 1855 children and 795 women. The houses and the infrastruc-
tures, including United Nations buildings, had been destroyed or severely
damaged by the Israeli bombardments. According to UNESCO this crisis
had affected 1,5 million of people depriving them of their most basic human
rights, without any access to elementary services: water, electricity, food and
medical assistance.
These military attacks have worsened the crisis that the inhabitants of the GazaStrip were already suffering from due to 18th month of total blockade. On the
2nd of February, the United Nations have launched an emergency appeal for
Gaza called Gaza Flash Appeal in order to respond to the unprecedented
humanitarian crisis. All the organizations of the United Nations system are
involved under the coordination of the OCHA (Office for the Coordination
of Humanitarian Affairs).
The Gaza blockade constitutes a real collective punishment. Actually, hun-
dreds of thousands of persons are deprived from food assistance and other
emergency rescue. The right to life of Gaza population is severely threatened;
the inhabitants are deprived from enjoying almost all their fundamental rights
and needs. Unemployment and poverty reach record numbers making the pop-
ulation deeply falling in an extreme penury. The educational system is badly
weakened; the Israeli offensive had targeted and destroyed an educational fab-
ric already precarious because of the blockade. According to the UNESCOreport Education under attack published in 2010, more than 300 kinder-
gartens, schools or university buildings had been damaged or severely dam-
aged during the three weeks of the operation Cast lead led by Israel at the
end of 2008 and the beginning of 2009.
UNESCO has taken a number of measures in order to participate in the recon-
struction of the educational infrastructures and to preserve the cultural heritage.
The contribution to the reconstruction and the development of Gaza follows thedecision adopted at the 181st session of the UNESCO Executive Board.
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Item 37 Report by the Director-General on the reconstruction and
development of Gaza IMPLEMENTATION
OF 184 EX/DECISION 31
DRAFT DECISION
The Executive Board,
1. Recalling the provisions of the four Geneva Conventions (1949), the
Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict (1954) and the related Protocols, and the Convention for the
Protection of the World Cultural and Natural Heritage (1972), and the
recommendations, resolutions and decisions of UNESCO on the protection
of cultural heritage,
2. Having examined documents 184 EX/31 and Add.,
3. Having also examined documents 184 EX/30 and Add.,
4. Noting with deep concern the very heavy toll suffered by Palestinian
civilians, the deaths and injuries inflicted on Israeli civilians during the
escalation of violence and hostilities in December 2008 and January 2009,
5. Also noting with deep concern the destruction of infrastructure, the
significant deterioration of basic services, and the damages to schools,
universities and cultural heritage sites in the Gaza Strip caused by the escala
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tion of violence and hostilities in December 2008 and January 2009, and
recognizing that schools, universities and cultural heritage sites should not be
involved in military conflicts,
6. Recalling the strong commitment made by the international community
in favour of the Gaza Early Recovery and Reconstruction Plan presented atthe International Conference in Support of the Palestinian Economy for the
Reconstruction of Gaza (2 March 2009, Sharm el-Sheikh, Egypt),
7. Thanks the Director-General for strengthening the UNESCO project an-
tenna in Gaza City and the initiatives that have already been implemented in
the field of education, and for the safety of media professionals, as reflected
in the six UNESCO projects retained in the United Nations Flash Appeal for
Gaza;
8. Calls upon the Director-General to continue contributing to the United
Nations humanitarian response in Gaza within the Organizations fields of
competence;
9. Deplores in this regard the continuous blockade on the Gaza Strip
which harmfully affects the free and sustained movement of personnel and
humanitarian relief items for the successful implementation of the above-
mentioned projects;
10. Calls upon the Director-General to continue her participation actively in
the integrated United Nations response to the Gaza Early Recovery and Re-
construction Plan developed by the Palestinian Authority, by focusing on
UNESCOs contribution to its educational and cultural heritage protection
components;
11. Invites the Director-General to organize an information meeting to pro-
vide Member States with an update on the outcome of the projects con-
ducted in the Gaza Strip;
12. Thanks Member States and donors for their generous financial contribu-
tions to the UNESCO projects retained in the United Nations Flash Appeal
for Gaza, and invites them to further assist in this regard through extrabud-
getary funding;
13. Decides to include this item in the agenda of the Executive Board at its186th session, and invites the Director-GeneraI to submit to it a progress re-
port thereon.
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5. The two Palestinian sites of Al-HaramAl-Ibrahimi/Tomb of the Patriarchs in
al-Khalil/Hebron and the Bil l bin R b hMosque/Rachels Tomb in Bethlehem
Since Israel's occupation of the West Bank and Gaza Strip in 1967, hundreds
of Palestinian archaeological sites and cultural properties have been system-
atically confiscated, looted, excavated and destroyed by Israel.
The Israeli Prime Minister announced plans to further consolidate control
over Palestinian archaeology and heritage areas in the occupied Palestinian
territory, including Hebrons Haram Al-Ibrahimi (Tomb of the Patriarchs),
Bethlehems Bilal Bin Rabah Mosque (Rachels Tomb), Herodions fortresseast of Bethlehem, and the Qumran ruins near the Dead Sea. These Palestinian
sites have been provocatively declared as part of Israels national heritage.
This decision has been disapproved in very serious terms by the Director
General of UNESCO, Ms Irina Bokova, the UN Special Coordinator for the
peace process in the Middle East, Mr Robert Serry, the Secretary of U.S. State,
Ms Hillary Clinton, and by the spokesman of Russian diplomacy, Mr Andrei
Nesterenko.
These Palestinian sites are cultural treasures that the Palestinian people wish
to protect and share with humanity. As a precursor to Palestines submission
to UNESCO for recognition by the World Heritage Committee, the Haram
Al-Ibrahimi, like other sites such as the Dead Sea Scrolls at Qumran and the
Church of the Nativity in Bethlehem have been listed on the Inventory of
Cultural and Natural Heritage Sites of Outstanding Universal Value since2005. This Inventory was produced with the support of the UNESCO and the
World Heritage Committee.
At its 34th session (25 July-3 August 2010, Brasilia, Brazil), the World
Heritage Committee adopted Decision 34 COM 11 relating to the protection
of the Palestinian cultural and natural heritage by which it requested the
World Heritage Centre and ICOMOS to undertake a mission to assess the state
of conservation of the main sites listed in the Inventory of Palestinian Heritageof potential Outstanding Universal Value.
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Al-Haram Al-Ibrahimi/Tomb of the Patriarchs
Bill ibin Rabah Mosque/Rachels Tomb
Item 15 IMPLEMENTATION OF 184 EX/DECISION 37
on The two Palestinian sites of al-Haram al-Ibrahimi/Tomb
of the Patriarchs in al-Khalil/Hebron and the Bill ibin
Rabah Mosque/Rachels Tomb in Bethlehem
DRAFT DECISION
The Executive Board,
1. Having examined document 184 EX/37 and Add.,
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2. Recalling resolutions and decisions of UNESCO on the protection of the
cultural heritage in the occupied Arab territories, as well as the provisions of
the four Geneva Conventions (1949), the Hague Convention for the Protec-
tion of Cultural Property in the Event of Armed Conflict (1954) and the related
Protocols and the Convention for the Protection of the World Cultural andNatural Heritage (1972),
3. Also recalling the Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property (1970),
4. Affirming that nothing in the present decision, which aims at the safe-
guarding of the cultural heritage located in the occupied Arab territories, shallin any way affect the relevant United Nations resolutions and decisions, in
particular the relevant Security Council resolutions,
5. Sharing the concern expressed by the Director-General regarding the an-
nouncement made by the Israeli authorities that two sites, namely al-Haram
al-Ibrahimi/Tomb of the Patriarchs in the city of al-Khalil/Hebron and the
Mosque of Bil l bin R b h (Tomb of Rachel), in Bethlehem, both located in the
occupied Palestinian territories, are to be included in the Israeli national her-
itage list,
6. Sharing as well the conviction affirmed by the international community
that the two sites are of religious significance for Judaism, Christianity and
Islam,
7. Reaffirms that the two sites are an integral part of the occupied Pales-
tinian territories and that any unilateral action by the Israeli authorities is to
be considered a violation of international law, the UNESCO conventions and
the United Nations and Security Council resolutions;
8. Regrets the Israeli authorities decision to include the two sites on its na-
tional heritage list;
9. Urges the Israeli authorities to abide by international law and the relevantinternational conventions and decisions;
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10. Also urges the Israeli authorities to remove the two sites from its national
heritage list;
11. Thanks the Director-General for her commitment to strengthening
UNESCOs financial and technical assistance to the Palestinian educationaland cultural institutions in compliance with the UNESCO General
Conference resolution at its 35th session;
12. Invites the Director-General to submit to it a follow-up report at its 186th
session and decides to include this item on the agenda of the 186th session of
the Executive Board.