United Nations S/PV.4828

Security CouncilFifty-eighth year

4828th meetingTuesday, 16 September 2003, 4.20 p.m.New York

Provisional

This record contains the text of speeches delivered in English and of the interpretation ofspeeches delivered in the other languages. The final text will be printed in the Official Recordsof the Security Council. Corrections should be submitted to the original languages only. Theyshould be incorporated in a copy of the record and sent under the signature of a member of thedelegation concerned to the Chief of the Verbatim Reporting Service, room C-154A.

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President: Sir Emyr Jones Parry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (United Kingdom of Great Britainand Northern Ireland)

Members: Angola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Gaspar MartinsBulgaria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. TafrovCameroon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. BanoumChile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. MuozChina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Wang GuangyaFrance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. De La SablireGermany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. PleugerGuinea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. SowMexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. PujaltePakistan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. AkramRussian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. GatilovSpain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. AriasSyrian Arab Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. MekdadUnited States of America . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Negroponte

Agenda

The situation in the Middle East, including the Palestinian question

Letter dated 12 September 2003 from the Permanent Representative of theSudan to the United Nations addressed to the President of the Security Council(S/2003/880)

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The meeting was called to order at 4.25 p.m.

Adoption of the agenda

The agenda was adopted.

The situation in the Middle East, including thePalestinian question

Letter dated 12 September 2003 from thePermanent Representative of the Sudan to theUnited Nations addressed to the President ofthe Security Council (S/2003/880)

The President: The Security Council will nowcontinue its consideration of the item on its agenda.The Council is meeting in accordance with theunderstanding reached in its prior consultations.

Members of the Council have before themdocument S/2003/891, which contains the text of adraft resolution submitted by Pakistan, South Africa,the Sudan and the Syrian Arab Republic.

It is my understanding that the Security Councilis ready to proceed to the vote on the draft resolutionbefore it. If I hear no objection, I shall now put thedraft resolution to the vote.

There being no objection, it is so decided.

A vote was taken by show of hands.

In favour:Angola, Cameroon, Chile, China, France, Guinea,Mexico, Pakistan, Russian Federation, Spain,Syrian Arab Republic.

Against:United States of America.

Abstaining:Bulgaria, Germany, United Kingdom of GreatBritain and Northern Ireland.

The President: The result of the voting is asfollows: 11 votes in favour, 1 against and 3 abstentions.The draft resolution has not been adopted, owing to thenegative vote of a permanent member of the Council.

I shall now give the floor to those members of theCouncil who wish to make statements following thevoting.

Mr. Negroponte (United States of America): Aswe stated yesterday, while all parties have

responsibilities in bringing peace to the Middle East,ending terrorism must be the highest priority. The draftresolution put forward today was flawed in that itfailed to include the following three elements: a robustcondemnation of acts of terrorism; an explicitcondemnation of Hamas, the Palestinian Islamic Jihadand the Al-Aqsa Martyrs Brigade as organizationsresponsible for acts of terrorism; and a call for thedismantlement of infrastructure that supports theseterror operations wherever located, consistent withresolution 1373 (2001). This draft resolution did nottake a clear stand against the actions of these terroristgroups or call for decisive action against them.

The Palestinian Authority must take action toremove the capability of extremist groups to conductterrorist outrages. In addition, Israel must moveforward and fulfil its obligations and commitmentsunder the road map and the Aqaba summit, includingimproving the daily lives of Palestinians.

As we said yesterday, we will not support anydraft resolution that evades the explicit threat to theMiddle East peace process posed by Hamas and othersuch terrorist groups. The United States opposed thedraft resolution, as it failed to do just that.

We note once again that the Government of Israelis already aware of the views of the Council memberson the issue of Mr. Arafat. Moreover, Secretary of StatePowell stated that the United States does not supporteither the elimination of Mr. Arafat or his forced exile.While Mr. Arafat is part of the problem, we believethat this problem is best solved through diplomaticisolation, and we have made that view clear.

For its part, the United States, along with Quartetpartners, will continue to work towards theimplementation of President Bushs vision of a two-State solution to the Israeli-Palestinian conflict, as setforth in the road map.

Our diplomatic personnel, including Secretary ofState Powell, Ambassador Wolfe and our missions inthe region, are intensively engaged with both parties atthe highest levels. We remain committed to the roadmap as the way forward towards the goal of the Israeliand Palestinian peoples living side by side in peace,security and freedom.

Mr. Tafrov (Bulgaria) (spoke in French):Bulgaria abstained in the voting on the draft resolution,as it does whenever there is no unanimity on the

AdministratorHighlight

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Council or, worse yet like today, regrettably thereis an impasse.

Given the extremely grave situation in the MiddleEast, the Council should have made an extra effort tofind consensus. Bulgaria appeals yet again to thePalestinian Authority to do all it is called upon to do inthe Quartets road map in order to stop the suicideattacks and all acts of terrorism against Israelicivilians. We also call on the Government of Israel tohalt the extrajudicial killings and to renounce itsintention to expel President Yasser Arafat, as called forby the Quartets road map.

Mr. Pleuger (Germany): My delegation isdisappointed by the outcome of the voting. This votingsends the wrong signal to the parties and gives rise tothe perception of the Security Council as not living upto its responsibilities.

On behalf of my Government, I should like tostate that, in abstaining in the voting on the draftresolution, my Governments view with regard to thedecision by the Israeli Government in principle toexpel the President of the Palestinian Authority,Mr. Arafat, has not changed. My Governmentcontinues to hold that the said decision in itself isdetrimental to the peace process and that putting thedecision into effect would entail the risk of furtherdestabilization.

We therefore once again call on the IsraeliGovernment to revoke its decision and reiterate theimportance of both parties exercising utmost restraintat this crucial time for the Middle East peace process.In our view, all efforts now should, more than everbefore, be directed at returning to the road map,implementing it in good faith and strengthening theQuartet.

Mr. Akram (Pakistan): Pakistan sponsored andvoted in favour of the draft resolution in documentS/2003/891. We did so because we believed that it wasimportant to send a message to all concerned that anycontemplated act of deportation of Mr. Arafat would beillegal and inconsistent with the objectives of theMiddle East peace process. This message, clearly, wastransmitted yesterday in the open debate held by theCouncil, with the participation of the widermembership of the United Nations.

This draft resolution enjoyed the broad support ofthe non-aligned members and was sponsored by the

Arab Group. The vote we have taken reflects the factthat it also enjoyed the support of the majority of themembers of the Security Council. My delegationregrets that it was not possible for the Security Councilto move forward in a united way. This will haveimplications for our actions in other areas. SeveralCouncil members tried up to the last minute to evolve atext that would be acceptable to all sides. We thank allthose delegations that took part in these good faithefforts.

Let me take this opportunity to reaffirmPakistans opposition to terrorism in all forms andmanifestations anywhere in the world. This includesState terrorism. At the same time, as stated by theSecretary-General during the ministerial meeting of theCouncil on 20 January this year, the issue of terrorismshould not be used to demonize political opponents(S/PV.4688, p. 3) and to delegitimize legitimatepolitical grievances (ibid.). The Secretary-Generalalso noted that

States fighting various forms of unrest orinsurgency are finding it tempting to abandon theslow, difficult but sometimes necessary processesof political negotiation for the deceptively easyoption of military action (ibid.).

The Secretary-General advised us all to

act with determination to address indeed,solve the political disputes and longstandingconflicts that underlie, fuel and generate supportfor terrorism (ibid.).

It is unfortunate that, rather than heeding theSecretary-Generals call, the States which were beingaddressed are suppressing the right of peoples to self-determination in the Middle East and South Asia andare now joining together in what is advertised as analliance against terrorism, but what is more likely toemerge as an axis of oppression.

We would strongly urge the Government ofIsrael, rather than resort to extreme actions, such asdeportation or worse for Mr. Yasser Arafat, thePresident of Palestine, to join in concerted action toassist the Palestinian people in regaining their rightsand to facilitate the end of their dispossession. Theydeserve to exercise the right of self-determinationpromised to them by the Security Council. Theinternational community has a clear responsibility torealize this as well.

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Another unambiguous message that emergedfrom yesterdays debate is the need for the parties torededicate themselves to the Quartets road map and tocommence its implementation in good faith. We hopethat the parties will take cognizance of the desire anddetermination of the international community.

For its part, Pakistan will continue to supportevery effort that takes us closer to the fulfilment of thevision of two States, Israel and Palestine, living in theholy land in peace with each other and with an end,finally, to the epic tragedy of Palestine.

Mr. De La Sablire (France) (spoke in French):France voted in favour of the text submitted to a vote,which seems to us to reflect the general messageexpressed yesterday in the open debate. Violence andterrorism must end. The decision to expel PresidentArafat is against the law, politically counterproductiveand should not be implemented. The road map is thebest path possible and should be fully implemented byboth parties. The Quartet must pursue and intensify itsefforts.

We should have liked the Council to achieveconsensus on such a message. We regret the outcomeof the voting. It is a seriously counterproductive result.

Mr. Muoz (Chile) (spoke in Spanish): Mydelegation voted in favour of the draft resolutionbecause it reflected our views. The Government ofChile unequivocally condemned the Government ofIsraels announcement with regard to the removal fromthe occupied territories of the President of thePalestinian National Authority. Such an action wouldnot contribute to the achievement of peace in theMiddle East and would go against the dignity of apeople and its Authority an Authority that waslegitimately established on the basis of a democraticprocess.

We would have preferred a consensus resolution.The non-approval of the draft resolution did not,however, prevent our voting in favour of it. But we fearthat this situation will not be helpful to the politicalprocess in the Middle East or to the implementation ofthe road map. Nonetheless, we believe that allnecessary efforts must be made to return to peacenegotiations within the framework of international law,in strict compliance with United Nations resolutionsand with the commitments solemnly undertaken at theAqaba Summit for the effective implementation of theroad map of the Madrid Quartet.

This afternoons developments, however, are nota cause for optimism. We must now think about theneed for perseverance and patience so that we canagain, perhaps, take up our efforts for peace that thepeople of Palestine and Israel deserve.

Mr. Mekdad (Syrian Arab Republic) (spoke inArabic): It is regrettable that, despite all of the effortsof the Arab Group in general and of the Syriandelegation in particular, and notwithstanding theflexibility and patience that we have shown in the pastfew days, we have not been able to achieve the desiredresult. We were not able to do so in spite of the factthat the draft resolution, which was supported by theNon-Aligned Movement, was extremely balanced. Wewish to emphasize in this respect that the wording usedin most of the paragraphs of the draft resolution wasinspired by the language of earlier resolutions that wereadopted by the Security Council, given the evolution ofthe situation in the occupied Palestinian territories.

The fact that the delegation of the United Statesused its veto is greatly to be regretted. Internationallaw is being threatened, and the fact that that veto didnot allow the Security Council to carry out its functionswith respect to an issue of international peace andsecurity is regrettable. That will only furthercomplicate an already complex situation in the MiddleEast and have a negative impact on the generalsituation there.

We made every effort to reflect the discussionsthat took place, as well as the dynamic that we haveobserved in the international community with a view tohalting Israeli actions, stopping the destruction that hasbeen taking place in the past few years and putting anend to the deaths, which now number thousands. Israelhas also tried to expel the Palestinian people from theirland and to build settlements on Palestinian territory.Recently, Israel threatened to kill or to expel thePalestinian President. That is contrary to the principlesof international law, the United Nations Charter and, inparticular, the Fourth Geneva Convention.

Despite the fact that the draft resolution was notadopted, during deliberations yesterday the SecurityCouncil stated that it rejected the actions and policiesof Israel. Syria therefore believes that Israel bears theresponsibility for its illogical policy and that Israel isalso responsible for having scuttled the peace processin the Middle East, as well as for all of theconsequences that flow from that policy.

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I would like to express our gratitude andappreciation to those States members of the Councilthat supported the draft resolution and voted in favourof it. We would also like to note that Syriascommitment, within the United Nations, to resolve allof the problems that we are confronting today,particularly in the Middle East, remains steadfast. Ourpeople look forward to the day when a just andcomprehensive peace will reign in the Middle East, andwhen the occupied Palestinian lands, as well as those inSyria and Lebanon, will be returned to their rightfulowners in accordance with resolutions 242 (1967) and338 (1973), and in conformity with the Madrid terms ofreference, the principle of land for peace and theresolutions adopted at the Beirut Arab Summit of 2001.

Mr. Arias (Spain) (spoke in Spanish): The resultof the vote was very disappointing. The Council had tosend a clear message with regard to the announcementregarding the possible expulsion of the leader of thePalestinian National Authority an action that notonly would have no legal basis but, as all members ofthe Council know, would also be an enormous politicalerror that could have very serious consequences.

My delegation has always spoken out against allacts of terrorism; nothing can justify such acts. Clearlythere was room for improvement in the draft resolutionin that respect, although the operative part did includea demand for an end to all acts of terrorism.Furthermore, it expressed fully its support for theefforts of the Quartet. It was necessary to give a clear,unambiguous and unanimous message about themistake that expelling the leader of the PalestinianAuthority would represent. I therefore regret that theCouncil was unable to find unanimity on that issue.

The President: I shall now make a statement inmy capacity as the representative of the UnitedKingdom.

The United Kingdom has repeatedly made clearto the Israeli Government that expelling or harmingPresident Arafat would be wrong andcounterproductive. Israel should not allow its justifiedanger at the continuing violence to lead to actions thatwould undermine both the peace process and Israelsown interests.

The United Kingdom believes that the road mapremains valid and that today it is even more importantthat it be pursued. We urge the parties, in conjunctionwith the members of the Quartet, to work for its full

and rapid implementation. The United Kingdomremains ready to assist with the implementation of theroad map.

The road map is comprehensive, but someelements seem particularly relevant, given recentevents. In phase one, the road map calls on thePalestinians to undertake visible efforts on the groundto arrest, disrupt and restrain individuals and groupsconducting and planning violent attacks on Israelisanywhere. That is still valid and ever more pressing.

In the same vein, the road map calls on Israel totake no actions undermining trust, includingdeportations, attacks on civilians, confiscation and/ordemolition of Palestinian homes and property as apunitive measure or to facilitate Israeli construction,destruction of Palestinian institutions and infrastructureand other measures specified in the work plan. Again,it seems very relevant to where we find ourselvestoday. I therefore agree with Mr. Roed-Larsen, whoyesterday said that bold parallel steps were needed.

The United Kingdom considers that the textbefore us was insufficiently balanced and thereforeunhelpful in the context of implementing the road map.As the sponsors of the resolution felt unable toaccommodate United Kingdom amendments intendedto achieve a better balance, the United Kingdomabstained in the vote on the text. We regret, however,that a balanced resolution failed to pass, and we urgeIsrael not to misunderstand the internationalcommunitys unanimous rejection of their decision inprinciple to remove President Arafat from thePalestinian areas. Both parties should understand thatthe international community wants the full, urgentimplementation of the road map.

I now resume my function as President of theCouncil.

I remind the Council that, in accordance with thedecision taken at the 4824th meeting of the Council, on15 September 2003, I invite the Permanent Observer ofPalestine to take a seat at the Council table.

At the invitation of the President, Mr. Al-Kidwa(Palestine) took a seat at the Council table.

The President: In accordance with the decisiontaken at that same meeting, on 15 September 2003, Iinvite the representative of Israel to take a seat at theCouncil table.

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At the invitation of the President, Mr. Gillerman(Israel) took a seat at the Council table.

The President: I now call on the PermanentObserver of Palestine.

Mr. Al-Kidwa (Palestine) (spoke in Arabic): Forthe record, during the years that I have worked here Ihave never seen the Security Council invite us to sit atthe Council table while an specific issue is beingdeliberated. Then the Council decided to conduct thevote in our absence. I do not know the reason for that,but I understand that that has not been the usualpractice at any previous meetings.

We, with the Arab Group, co-sponsored a draftresolution that was very moderate. We thought that itwould be adopted and would have broad support,amounting to 14 votes. However, in light of what wehave been told or has been stated publicly by MemberStates, I would like to assure the Council that theUnited States delegation did not declare that it woulduse its veto power. It did not inform us, a PermanentObserver Mission, of that, not even as a courtesy.Therefore, that delegation did not make any directproposals for amendments and did not conduct anydiscussions with us. That, I believe, raises a questionabout what has transpired so far.

Generally speaking, it is regrettable that not onlyhas the position of the United States of America beenbiased in favour of Israel for so many years, but alsothat it has been transformed into a position that acceptsIsraeli logic and positions almost completely, to suchan extent that it has basically become a heavy, darkshadow over the entire process that does not permit theUnited States to play an unbiased role in the Arab-Israeli conflict or to act as an honest sponsor of thepeace process.

As for President Arafat and the Palestinianleadership, I wish to reiterate that the Palestinianpeople will not accept outside interference, particularlyif the interfering parties are considered unfriendly byour people. The Palestinian people will not accept anyinterference regarding who is going to be politicallyisolated or who is going to retain his position.

Serious consequences may follow the use of veto,such as the possibility of wrong interpretation byMr. Sharons Government in Israel, and the UnitedStates alone will bear the responsibility for that. It isalso regrettable that the United Kingdom and Germany

chose to abstain in the vote for reasons that remainincomprehensible to us.

I wish to reassure the Council once again that wewill not refrain from working with it. We will return toit, perhaps in the near future. We will not beintimidated by what has happened. We are encouragedby the positions of many Council members who havedone their best to preserve the role of the SecurityCouncil, in keeping with the Charter, and who haveattempted to maintain a reasonable, balanced andmoderate political position that will be in the interestof the peace process in the region.

Finally, I wish to thank all the Member States thatco-sponsored the draft resolution and those who thatvoted in favour of it.

The President: I would just like to assure theCouncil as a whole and those watching that theprocedure followed by the presidency accords with theadvice of the Secretariat and conforms to theestablished practice of the Council, lest there be anydoubt about that.

I now give the floor to the representative ofIsrael.

Mr. Gillerman (Israel): I would first like tocongratulate you, Sir, on the able, efficient andconsiderate manner in which you handled yesterdaysdebate and its continuation today.

The draft resolution presented before the Counciltoday for voting was, in our view, tragically lopsided. Iwould therefore like to commend those countries thatdid not support it.

I would like to take this opportunity to reiterate anumber of points from Israels perspective. The draftresolution did not focus on terrorism killing innocentmen, women and children, killing in the process thehopes for peace. It did not focus on the clear legalresponsibility of the Palestinian leadership to dismantlethe terrorist infrastructure including confronting groupssuch as Hamas, the Palestinian Islamic Jihad, theFatah, Tanzim and others, whose acts of murder lie atthe very heart of the problem.

Instead, it focused its criticism on the victims ofterrorism and on the response to terrorists rather thanon terrorism itself. In a perverse manner, the draftresolution sought to equate the deliberate murder ofinnocent civilians with targeted counter-terrorism

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operations directed against those illegal combatantsresponsible for murder and for continuing to planfurther acts of terror.

The adoption of the draft resolution would haveharmed efforts to bolster the peace process. The draftresolution would have come to the defence of a manwho has devoted all his energies to scuttling the roadmap and who continues to cause untold suffering toboth Israelis and Palestinians through his support andtoleration of terrorism.

To advance the cause of peace, we do not needmore one-sided United Nations resolutions. Lordknows we do not need to increase the alreadyunprecedented burden on United Nations time andresources that is expended every single year bypandering to the Palestinian representatives endlesspartisan initiatives.

What we need is for both sides to committhemselves to the cause of peace and to resolving this

dispute through dialogue in an atmosphere free fromterrorism, violence and incitement, which,unfortunately and tragically, have been the tool ofMr. Arafats corrupt leadership for far too long a time.

The President: The Permanent Observer ofPalestine would like to respond to what was just said? Ithink the answer is that you have the right. The floor isyours.

Mr. Al-Kidwa (Palestine): I will speak with mybroken English and my bad voice today. I just wantedto remind you that today is the twenty-first anniversaryof the massacre of Sabra and Shatila. You remember,that? You remember, Mr. Sharon? Just for the record.

The President: The Security Council has thusconcluded the present stage of its consideration of theitem on its agenda.

The meeting rose at 5.10 p.m.

draft resolution flawed