Human rights situation, religious and cultural rights in the OPT – HRC report on its sixth session – Resolutions adopted/Summary of proceedings

REPORT OF THE HUMAN RIGHTS COUNCIL ON ITS SIXTH SESSION

Vice-President and Rapporteur:  Mr. Alejandro Artucio (Uruguay)

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I. Resolutions adopted by the Council at its sixth session

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 The Human Rights Council ,

 Recalling its resolutions S-1/1 of 6 July 2006 and S-3/1 of 15 November 2006,

 Noting with regret that Israel, the occupying Power, has not implemented to date these two resolutions and hindered the dispatching of the urgent fact-finding missions specified therein,

 1.  Calls for the implementation of its resolutions S-1/1 and S-3/1, including the dispatching of the urgent fact-finding missions;

 2.  Requests the President of the Human Rights Council and the United Nations High Commissioner for Human Rights to report to the Council at its next session on their efforts for the implementation of Council resolutions S-1/1 and S-3/1 and on the compliance of Israel, the occupying Power, with these two resolutions.

21st meeting

28 September 2007

[Adopted without a vote. See chap. VII.]

  The Human Rights Council,

 Recalling the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights,

 Recalling also article 2 of the Universal Declaration of Human Rights which stipulates that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that no distinction should be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty,

 Aware of the responsibility of the international community to promote human rights and ensure respect for international law,

 Emphasizing the particularity of Occupied East Jerusalem in its rich religious and cultural heritage,

 Recalling relevant Security Council resolutions on Occupied East Jerusalem,

 Affirming the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem,

 Deeply concerned at the Israeli actions undermining the sanctity and inviolability of religious sites in the Occupied Palestinian Territory, including East Jerusalem,

 Deeply concerned also at the Israeli policy of closures and the severe restrictions, including curfews and the permit regime, that continue to be imposed on the movement of Palestinians and their free access to their holy sites, including Al Aqsa Mosque,

 1.   Stresses that all policies and measures taken by Israel, the occupying Power, to limit access of Palestinians to their holy sites, particularly in Occupied East Jerusalem, on the basis of national origin, religion, birth, sex or any other status are in violation of the provisions of the above-mentioned instruments and resolutions and therefore must cease immediately;

 2.   Calls upon Israel, the occupying Power, to respect the religious and cultural rights enumerated in the Universal Declaration of Human Rights in the Occupied Palestinian Territory, including East Jerusalem, and to allow Palestinian worshippers unfettered access to their religious sites;

 3.   Requests the High Commissioner for Human Rights to report to the Council at its next session on the implementation of the present resolution.

21st meeting

28 September 2007

[Adopted by a recorded vote of 31 to 1,

with 15 abstentions. See chap. VII.]

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VII.  Human rights situation in Palestine and other  occupied Arab territories

298. At the 9th meeting, on 20 September 2007, the President of the Human Rights Council and the Deputy High Commissioner for Human Rights, on behalf of the High Commissioner for Human Rights reported “on their efforts for the implementation of Council resolutions S-1/1 and S-3/1 and on the compliance of Israel, the occupying Power, with these two resolutions” as requested by Council resolution OM/1/2 entitled “Human rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolutions S-1/1 and S-3/1” of 20 June 2007. The observers for Israel, Palestine and the Syrian Arab Republic made statements, as concerned countries, or parties.

299. During the ensuing general debate on the implementation of Council resolutions S-1/1 and S-3/1 and on item 7, at the same meeting, the following made statements:

(a) Representatives of States members of the Council: Bangladesh, Canada, China, Cuba (on behalf of the Non-Aligned Movement), Egypt (also on behalf of the Group of African States), France, Iraq4 (on behalf of the Group of Arab States), Japan, Malaysia, Pakistan (on behalf of the Organization of the Islamic Conference), Portugal4 (on behalf of the European Union, candidate countries – Croatia and The former Yugoslav Republic of Macedonia; countries of the stabilization and association process and potential candidates – Albania, Bosnia and Herzegovina, Montenegro and Serbia; a country of the European Free Trade Association and member of the European Economic Area – Liechtenstein; as well as Moldova and Ukraine), Russian Federation, Saudi Arabia, Senegal, South Africa and Switzerland;

(b) Observers for the following States: Algeria, Iran (Islamic Republic of), Kuwait, United Arab Emirates, United States of America, Venezuela (Bolivarian Republic of) and Yemen;

(c) Observer for an intergovernmental organization: League of Arab States;

(d) Observers for the following non-governmental organizations: Amnesty International, B’nai B’rith International (also on behalf of Coordinating Board of Jewish Organizations), Badil Resource Center for Palestinian Residency and Refugee Rights (also on behalf of International League for the Rights and Liberation of Peoples and Mouvement contre le racisme et pour l’amitié entre les peuples), European Centre for Law and Justice, Human Rights Watch, Indian Movement Tupaj Amaru (also on behalf of World Peace Council), International Commission of Jurists, Organization for Defending Victims of Violence, Union of Arab Jurists, United Nations Watch and World Union for Progressive Judaism.

300. At the 10th meeting, on the same day, statements in exercise of the right of reply were made by the observers for Israel and Palestine.

301. At the same meeting, the Secretariat responded to a question raised by a delegation.

B.  Consideration and action on draft proposals

Human rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolutions S-1/1 and S-3/1

302. At the 21st meeting, on 28 September 2007, the representative of Pakistan (on behalf of the Organization of the Islamic Conference and the Group of Arab States) introduced draft resolution A/HRC/6/L.2, sponsored by Iraq (on behalf of the Group of Arab States) and Pakistan (on behalf of the Organization of the Islamic Conference). Belarus, Bolivia, Cuba and South Africa subsequently joined the sponsors.

303. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution (see annex II).

304. Statements in connection with the draft resolution were made by the representatives of Egypt and Slovenia (on behalf of States members of the European Union that are members of the Council).

305. A statement in connection with the draft resolution was made by the observer for Palestine, as a concerned party.

306. A statement in explanation of vote after the vote was made by the representative of Canada.

307. The draft resolution was adopted without a vote. For the text as adopted, see part one, chapter I, resolution 6/18.

Religious and cultural rights in the Occupied Palestinian Territory, including East Jerusalem

308. At the 21st meeting, on 28 September 2007, the representative of Pakistan (on behalf of the Organization of the Islamic Conference and the Group of Arab States) introduced draft resolution A/HRC/6/L.4 (superseding A/HRC/4/L.3 deferred from the fourth session of the Council), sponsored by Iraq (on behalf of the Group of Arab States), Pakistan (on behalf of the Organization of the Islamic Conference) and Venezuela (Bolivarian Republic of). Belarus, Cuba and South Africa subsequently joined the sponsors.

309. A statement in connection with the draft resolution was made by the representative of Slovenia (on behalf of States members of the European Union that are members of the Council).

310. A statement in connection with the draft resolution was made by the observer for Palestine, as a concerned party.

311. At the request of the representative of Slovenia (on behalf of States members of the European Union that are members of the Council), a recorded vote was taken on the draft resolution, which was adopted, by 31 votes to 1, with 15 abstentions. The voting was as follows:

In favour: Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Malaysia, Mali, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Uruguay, Zambia.

Against: Canada.

Abstaining: Bosnia and Herzegovina, Cameroon, France, Germany, Guatemala, Italy, Japan, Madagascar, Netherlands, Republic of Korea, Romania, Slovenia, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.

312. Statements in explanation of vote after the vote were made by the representatives of Canada and Mexico.

313. For the text of the draft resolution as adopted, see part one, chapter I, resolution 6/19.

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