Resolution No. 40/168 C of 16 December 1985

ON THE SITUATION IN THE MIDDLE EAST; CONDEMNING ISRAEL'S POLICIES IN THE OCCUPIED TERRITORIES AND CALLING FOR ITS COMPLETE WITHDRAWAL FROM THEM, DECLARING THE NEED FOR RECOGNITION OF THE RIGHT OF THE PALESTINIAN PEOPLE, UNDER THE LEADERSHIP OF THE PALESTINE LIBERATION ORGANIZATION, TO SELF-DETERMINATION AND AN INDEPENDENT STATE, AND CALLING ON ALL STATES TO PUT AN END TO THE FLOW OF AID TO ISRAEL

C

The General Assembly,

Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of December 1982, 38/180 C of 19 December 1983 and 39/146 C of 14 December 1984, in which it determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which had altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called "Basic Law" on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith,

Recalling Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the "Basic Law" and called upon those States that had established diplomatic missions at Jerusalem to withdraw such missions from the Holy City,

Having considered the report of the Secretary-General of 22 October 1985,

1. Determines that Israel's decision to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever;

2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution;

3. Calls once again upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations;

4. Requests the Secretary-General to report to the General Assembly at its forty-first session on the implementation of the present resolution.

Adopted at the 118th Plenary meeting:

In favour: 137
Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, Gambia, German Democratic Republic, Federal Republic of Germany, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait? Lao People's Democratic Republic, Lebanon, Lesotho, Libya, Luxembourg, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Lucia, Saint Vincent, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Singapore, Somalia, Spain, Sri Lanka, Sudan, Surinam, Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, USSR, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, Zimbabwe.

Against: 2
Costa Rica, Israel.

Abstentions: 10
Antigua and Barbuda, Dominica, Grenada, Guatemala, Liberia, Malawi, Paraguay, Swaziland, United States, Zaire.

Absent: 9
Angola, Belize, EI Salvador, Haiti, Papua New Guinea, Seychelles, Sierra Leone, Solomon Islands, St. Christopher and Nevis.