Universal realization of the right of peoples to self-determination – Human rights situation in the OPT – SecGen report (excerpts)

Universal realization of the right of peoples to

self-determination

Report of the Secretary-General

_______________

*A/62/150.

---

I. Introduction

1. In its resolution 61/150, the General Assembly requested the Human Rights Council to continue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or occupation and requested the Secretary-General to report on the question to the Assembly at its sixty-second session. The present report is prepared pursuant to paragraph 6 of resolution 61/150.

2. The present report contains a summary of developments relating to the consideration by the Human Rights Council of the question of the realization of the right to self-determination and a summary of recent concluding observations of the Human Rights Committee and the Committee on Economic, Social and Cultural Rights, based on their consideration of periodic reports submitted by States parties to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in respect of the implementation of the right to self-determination guaranteed in article 1 of the two Covenants.

II. Consideration by the Human Rights Council of the

question of the realization of the right of peoples

to self-determination

3. Following its first special session held on 5 and 6 July 2006 to consider the human rights situation in the occupied Palestinian territories, the Human Rights Council held its third special session on 15 November 2006 “to consider and take action on the gross human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory, including the recent one in northern Gaza and the assault on Beit Hanoun”. In its resolution S-3/1, the Council decided to dispatch urgently a high-level fact-finding mission to Beit Hanoun to, inter alia, assess the situation of victims, address the needs of survivors and make recommendations on ways and means to protect Palestinian civilians against any further Israeli assaults.

4. Subsequently, at its third and fourth regular sessions, the Council adopted resolutions 3/1 and 4/2 on the human rights situation in the Occupied Palestinian Territory and the follow-up to Council resolutions S-1/1 and S-3/1, adopted respectively at the first and third special sessions and dealing with issues relevant to the realization of the right to self-determination. The Council called for the implementation of resolutions S-1/1 and S-3/1, including the dispatching of urgent fact-finding missions.

5. The Human Rights Council held its fifth session from 11 to 18 June 2007 and considered the report submitted by the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, John Dugard, on the non-implementation of Human Rights Council resolution S-1/1 (A/HRC/5/11) and the report of the high-level fact-finding mission to Beit Hanoun established under resolution S-3/1 (A/HRC/5/20). On 18 June 2007, the Human Rights Council decided, without a vote, to postpone action on draft resolution A/HRC/5/L.5, entitled “Human rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolutions S-1/1 and S-3/1”.

/…

8. On 18 June 2007, by resolution 5/1 entitled “Institution-building of the United Nations Human Rights Council”, the Council adopted its agenda, which includes a specific item, item 7, on the human rights situation in Palestine and other occupied Arab territories. In accordance with the framework for the programme of work of the Council, item 7 also deals with the right to self-determination of the Palestinian people. The text annexed to the above-mentioned resolution provides details of the universal periodic review mechanism of the Council. In section A of this text, entitled “Basis of the review”, the complementary and mutually interrelated nature of international human rights law and international humanitarian law are acknowledged and it is stipulated that the review should take into account applicable international humanitarian law.

III. Concluding observations of the Human Rights

Committee and the Committee on Economic, Social

and Cultural Rights

9. The principle of self-determination is enshrined in Article 1, paragraph 2, of the Charter of the United Nations. Article 1, paragraph 1, of the International Covenant on Civil and Political Rights and article 1, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights affirm the right of all peoples to self-determination. Article 1, paragraph 3, of both Covenants imposes upon States parties, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, the obligation to promote the realization of that right and to respect it, in conformity with the provisions of the Charter.

10. The Human Rights Committee and the Committee on Economic, Social and Cultural Rights have recently addressed the right to self-determination in their consideration of States parties’ periodic reports submitted respectively under article 40 of the International Covenant on Civil and Political Rights and articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights. A summary of these observations is presented in the following sections.

/…

___________