UNESCO draft resolution: Western Wall is part of al-Aksa mosque

[azurnoir]

34. This is the resolution- it is at it's heart a cease and desist order for Israels actions wrt al aqsa

Occupied Palestine2 (196 EX/26)
14. After considering this item, the Programme and External Relations Commission
recommended that the Executive Board adopt the following draft decision:
The Executive Board,
1. Having examined document 196 EX/26,
2. Recalling the provisions of the four Geneva Conventions (1949) and their additional
Protocols (1977), the 1907 Hague Regulations on Land Warfare, the Hague
Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954)
and its additional Protocols, the Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
(1970) and the Convention for the Protection of the World Cultural and Natural Heritage
(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 in Danger (1982), and the
recommendations, resolutions and decisions of UNESCO on the protection of cultural
heritage, as well as resolutions and decisions of UNESCO relating to Jerusalem, also
recalling previous UNESCO decisions related to the reconstruction and development of
Gaza as well as UNESCO decisions on the two Palestinian sites in Hebron/Al-Khalil
and in Bethlehem,
3. Affirming that nothing in the present decision, which aims, inter alia, at the
safeguarding of the cultural heritage of Palestine and the distinctive character of East
Jerusalem, shall in any way affect the relevant Security Council and United Nations
resolutions and decisions on the legal status of Palestine and Jerusalem,
Part I
I.A Jerusalem
4. Deeply regrets the Israeli refusal to implement previous UNESCO decisions concerning
Jerusalem particularly 185 EX/Decision 14 and reiterates its request to the DirectorGeneral
to appoint, as soon as possible, a permanent and eminent expert(s) to be
stationed in East Jerusalem to report on a regular basis about all the aspects covering
all UNESCO fields of competence in East Jerusalem;
5. Deplores the failure of Israel, the Occupying Power, to cease the persistent
excavations and works in East Jerusalem, particularly in and around the Old City, and reiterates its request to Israel, the Occupying Power, to prohibit all such works in
conformity with its obligations under the provisions of the relevant UNESCO
conventions, resolutions and decisions;
6. Thanks the Director-General for her efforts to implement previous UNESCO decisions
on Jerusalem and asks her to maintain and reinvigorate such effort

I.B Al-Aqsa Mosque/Al-Haram Al-Sharif and its surroundings
I.B.1 Al-Aqsa Mosque/Al-Haram Al-Sharif

7. Also deplores the continuous Israeli violations, abuses, works and excavations such
as: closure and restrictions of access to the Muslim Holy Site Al-Aqsa Mosque/AlHaram
Al-Sharif, the attempts to change the pre-1967 status quo, the targeting of
civilians including religious figures, sheikhs, and priests, as well as all restoration works
near and around the mosque, further deplores the large number of arrests and injuries
in and around Al-Aqsa Mosque/Al-Haram Al-Sharif by the Israeli forces as well as the
frequent religious-extremists groups and uniformed forces intrusion into the Mosque
and urges Israel, the Occupying Power, to end these violations and abuses which
enflame the tension on the ground and between faiths;
8. Reaffirms, in this regard, the necessity to respect the protection and the safeguarding
of the authenticity, integrity, and cultural heritage of Al-Aqsa Mosque/Al-Haram AlSharif
and to respect the pre-1967 status quo and calls on Israel, the Occupying
Power, to stop the obstruction of the immediate execution of all the 19 Hashemite
restoration projects in and around Al-Aqsa Mosque/Al-Haram Al-Sharif;
9. Regrets the damage caused by Israeli security forces on 30 October 2014 to the
historic gates and windows of the Qibli Mosque inside Al-Aqsa Mosque/Al-Haram AlSharif,
which is a Moslem holy site of worship and an integral part of a World Heritage
Site;
10. Expresses its deep concern over the Israeli closure and ban of renovation of Al-Rahma
Gate building, one of Al-Aqsa Mosque/Al-Haram Al-Sharif gates, and urges Israel to
stop obstruction of the necessary restoration works, in order to fix the damage caused
by the weather conditions, especially the water leakage into the rooms of the building;
11. Further deplores the Israeli decision to approve: a plan to build a two-line cable car
system in East Jerusalem, the construction of the so-called “Kedem Center” a visitor
centre near the southern wall of Al-Aqsa Mosque/Al-Haram Al-Sharif, the so-called
“Liba House” project in the Old City of Jerusalem, the demolition and new construction
of the so-called Strauss Building and the project of the Western Wall elevator, and
further urges Israel, the Occupying Power, to renounce to the above mentioned
projects in conformity with its obligations under the relevant UNESCO conventions
particularly the Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict of 1954 and its related protocols as well as UNESCO decisions
particularly the World Heritage Committee decision 37 COM/7A.26 and 38 COM/7A.4;
12. Notes the relative improvement of access of Muslim worshipers into Al-Aqsa
Mosque/Al-Haram Al-Sharif over the past four months, and urges Israel, the Occupying
Power, to take necessary measures to prevent provocative abuses that violate the
sanctity and integrity of Al-Aqsa Mosque/Al-Haram

I.B.2 The Ascent to the Mughrabi Gate in Al-Aqsa Mosque/Al-Haram Al-Sharif

13. Takes note of the 13th Reinforced Monitoring Report and all previous reports, together
with their addenda prepared by the World Heritage Centre as well as the State of
Conservation report submitted to the World Heritage Centre by the Hashemite
Kingdom of Jordan and the State of Palestine;
14. Deplores the persisting Israeli unilateral measures and decisions regarding the Ascent
to the Mughrabi Gate, including the expansion of the Western Wall plaza on the
account of the Islamic remains of the site and the enforced creation of a new Jewish
prayer platform, which has recently been expanded to create a new “wailing wall” area,
south of the Mughrabi Ascent and reaffirms that no Israeli unilateral measures, shall be
taken in conformity with its status and obligations under the Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict of 1954;
15. Reiterates its thanks to Jordan for its cooperation and urges Israel, the Occupying
Power, to cooperate with Jordanian Awqaf Department, in conformity with its
obligations under the provisions of the UNESCO Convention referred to above, to
facilitate access of Jordanian Awqaf experts with their tools and material to the site in
order to enable the execution of the Jordanian design of the Ascent to the Mughrabi
Gate in accordance with UNESCO and World Heritage Committee decisions
particularly 37 COM/7A.26 and 38 COM/7A.4;
16. Thanks the Director-General for her attention to the sensitive situation of this matter
and asks her to take the necessary measures in order to enable the execution of the
Jordanian design of the Ascent to the Mughrabi Gate;
I.C The UNESCO Reactive Monitoring Mission to
the Old City of Jerusalem and its Walls
and
The UNESCO experts meeting on the Mughrabi Ascent
17. Regrets the continued Israeli failure to act in accordance with UNESCO and World
Heritage Committee decisions that request a UNESCO experts meeting on the
Mughrabi Ascent and the dispatch of a Reactive Monitoring Mission, as referred to in
the Operational Guidelines for the implementation of the World Heritage Convention
(1972), to the Old City of Jerusalem and its Walls, and urges Israel, the Occupying
Power, to accept and facilitate the implementation of the mentioned Mission and
Experts meeting in accordance with UNESCO decisions and in conformity with its
obligations under the provisions of UNESCO Conventions for the Protection of Cultural
Property and Cultural Heritage;
18. Invites the Director-General to take necessary measures to implement the abovementioned
Mission in accordance with World Heritage Committee decision
34 COM/7A.20, prior to the next 197th session of the Executive Board, also invites all
concerned parties to facilitate the implementation of that Mission and experts meeting;
19. Stresses the need of the urgent implementation of the above-mentioned UNESCO
mission and decides, in case of non-implementation prior to the 197th session of the
Executive Board, to consider, in conformity with the International Law, other means to
ensure its implementation;
20. Requests that the report and recommendations of the mission as well as the report of
the technical meeting on the Mughrabi Ascent, be presented to the concerned parties
prior to the next 197th session of the Executive Board;

http://unesdoc.unesco.org/images/0023/002327/232764e.pdf