Human rights situation in the OPT, Golan – HRC second session – Report to the GA (excerpts)

REPORT TO THE GENERAL ASSEMBLY ON THE SECOND SESSION

OF THE HUMAN RIGHTS COUNCIL*

Vice-President and Rapporteur: Mr. Musa Burayzat (Jordan)

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*  The format of the present report is based on the agenda and “draft framework for a programme of work” for the second session as adopted by the Council in its decision 1/105 of 30 June 2006.  It should therefore not serve as a precedent for future sessions of the Council.

 I.   Resolutions and decisions adopted by the Council at its second session

A. RESOLUTIONS

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2/3. Human rights in the occupied Syrian Golan

 The Human Rights Council,

 Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan due to the violation of their fundamental and human rights since the Israeli military occupation of 1967,

 Recalling Security Council resolution 497 (1981) of 17 December 1981,

 Recalling also all relevant General Assembly resolutions, including the latest, resolution 60/40 of 1 December 2005, in which the Assembly declared that Israel had failed so far to comply with Security Council resolution 497 (1981) and demanded that Israel withdraw from all the occupied Syrian Golan,

  Reaffirming once more the illegality of Israel’s decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,

 Reaffirming the principle of non-acquisition of territory by force in accordance with the Charter of the United Nations and the principles of international law,

  Taking note with deep concern of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/60/380) of 26 August 2005 and, in this connection, deploring the Israeli settlement in the occupied Arab territories and regretting Israel’s constant refusal to cooperate with and to receive the Special Committee,

 Guided by the relevant provisions of the Charter, international law and the Universal Declaration of Human Rights and reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the relevant provisions of the Hague conventions of 1899 and 1907 to the occupied Syrian Golan,

 Reaffirming the importance of the peace process which started in Madrid on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 and the principle of land for peace, and expressing its concern over the halt in the peace process in the Middle East and its hope that peace talks will be resumed on the basis of the full implementation of Security Council resolutions 242 (1967) and 338 (1973) with a view to establishing a just and comprehensive peace in the region,

 Reaffirming also the previous relevant resolutions of the Commission on Human Rights, the most recent being resolution 2005/8 of 14 April 2005,

 1.  Calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council, in particular resolution 497 (1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void and without international legal effect, and demanded that Israel should rescind forthwith its decision;

 2.   Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their property;

 3.   Further calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan, and to desist from its repressive measures against them and from all other practices mentioned in the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories;

 4.   Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and have no legal effect;

 5.   Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;

 6.  Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, international and regional intergovernmental organizations and international humanitarian organizations and to give it the widest possible publicity, and to report on this matter to the Human Rights Council at its fourth session, due to be held in March/April 2007;

 7.   Decides to continue the consideration of the human rights violations in the occupied Syrian Golan at its fourth session.

31st meeting

27 November 2006

[Resolution adopted by a recorded vote of 32 to 1, with 14 abstentions. See chap. III.]

 2/4.   Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan

 The Human Rights Council,

 Guided by the principles of the Charter of the United Nations and affirming the inadmissibility of the acquisition of territory by force,

 Reaffirming that all States have an obligation to promote and protect human rights and fundamental freedoms, as stated in the Charter and as elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable instruments,

 Recalling relevant resolutions of the Commission on Human Rights, the Security Council and the General Assembly, most recently General Assembly resolution 60/106 of 8 December 2005 in which it reaffirmed, inter alia, the illegality of the Israeli settlements in the occupied territories,

 Mindful that Israel is a party to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable de jure to Palestinian and all Arab territories occupied by Israel since 1967, including East Jerusalem and the Syrian Golan, and recalling the declaration adopted by the Conference of High Contracting Parties to the Fourth Geneva Convention, held in Geneva on 5 December 2001,

 Considering that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies constitutes a breach of the Fourth Geneva Convention and relevant provisions of customary law, including those codified in Additional Protocol I to the Geneva Conventions of 12 August 1949,

 Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (see A/ES-10/273 and Corr.1), and its conclusion that the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law,

  Recalling also General Assembly resolution ES-10/15 of 20 July 2004,

 Recalling further its attachment to the implementation by both parties of their obligations under the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict (S/2003/529, annex), and noting specifically its call for a freeze on all settlement activity,

  Expressing its grave concern about the continuation by Israel, the occupying Power, of settlement building and expansion in the Occupied Palestinian Territory, in violation of international humanitarian law and relevant United Nations resolutions, including plans to expand and connect Israeli settlements around Occupied East Jerusalem, thus threatening the creation of a contiguous Palestinian State,

 Expressing its concern that continuing Israeli settlement activity undermines the realization of a two-State solution,

 Noting the dismantlement of settlements in the Gaza Strip and parts of the northern West Bank,

  Expressing grave concern about the continuing construction, contrary to international law, by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern in particular about the route of the wall in departure from the Armistice Line of 1949, which could prejudge future negotiations and make the two-State solution physically impossible to implement and which is causing the Palestinian people further humanitarian hardship,

  Deeply concerned that the wall’s route has been traced in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,

  Expressing its concern at the failure of the Government of Israel to cooperate fully with the relevant United Nations mechanisms, in particular the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967,

 1.   Welcomes the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (E/CN.4/2006/29 and A/HRC/2/5) and calls upon the Government of Israel to cooperate with the Special Rapporteur to allow him fully to discharge his mandate;

 2.   Expresses its grave concern at:

 (a)   The continuing Israeli settlement and related activities, in violation of international law, including the expansion of settlements, the expropriation of land, the demolition of houses, the confiscation and destruction of property, the expulsion of Palestinians and the construction of bypass roads, which change the physical character and demographic composition of the occupied territories, including East Jerusalem and the Syrian Golan, and constitute a violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and in particular article 49 of that Convention; settlements are a major obstacle to the establishment of a just and comprehensive peace and to the creation of an independent, viable, sovereign and democratic Palestinian State;

 (b)   The Israeli so-called E1 plan aimed at expanding the Israeli settlement of Maale Adumim and building the wall around it, thereby further disconnecting occupied East Jerusalem from the northern and southern parts of the West Bank and isolating its Palestinian population;

 (c)   The new Israeli plans to construct more than 900 additional housing units in different Israeli settlements in the occupied West Bank;

 (d)   The implications on the final status negotiations of Israel’s recent announcement that it will retain the major settlement blocs in the Occupied Palestinian Territory, including settlements located in the Jordan Valley;

 (e)   The expansion of Israeli settlements and the construction of new ones on the Occupied Palestinian Territory rendered inaccessible behind the wall, which create a fait accompli on the ground that could well be permanent, in which case, it would be tantamount to de facto annexation; ² 

 (f )   The Israeli decision to establish and operate a tramway between West Jerusalem and the Israeli settlement of Pisgat Zeev in violation of international law and relevant United Nations resolutions;

 (g)   The continued closures of and within the Occupied Palestinian Territory and the restriction of the freedom of movement of people and goods, including the repeated closure of the crossing points of the Gaza Strip, which have caused an extremely precarious humanitarian situation for the civilian population as well as impaired the economic and social rights of the Palestinian people;

 (h)   The continued construction, contrary to international law, of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem;

 3.   Urges Israel, the occupying Power:

 (a)   To reverse the settlement policy in the occupied territories, including East Jerusalem and the Syrian Golan, and, as a first step towards their dismantlement, to stop immediately the expansion of the existing settlements, including “natural growth” and related activities;

 (b)   To prevent any new installation of settlers in the occupied territories;

 4.   Urges the full implementation of the Access and Movement Agreement of 15 November 2005, particularly the urgent reopening of Rafah and Karni crossings, which is crucial to ensuring the passage of foodstuffs and essential supplies, as well as the access of the United Nations agencies to and within the Occupied Palestinian Territory;

 5.   Demands that Israel implement the recommendations regarding the settlements made by the then United Nations High Commissioner for Human Rights in her report to the Commission on Human Rights at its fifty-seventh session on her visit to the occupied Palestinian territories, Israel, Egypt and Jordan (E/CN.4/2001/114);

 6.   Calls upon Israel to take and implement serious measures, including confiscation of arms and enforcement of criminal sanctions, with the aim of preventing acts of violence by Israeli settlers, and other measures to guarantee the safety and protection of the Palestinian civilians and Palestinian properties in the Occupied Palestinian Territory, including East Jerusalem;

 7.   Demands that Israel, the occupying Power, comply fully with its legal obligations, as mentioned in the Advisory Opinion rendered on 9 July 2004 by the International Court of Justice;

 8.   Welcomes the Palestinian truce initiative and its acceptance by the Israeli side that came into effect on 26 November 2006 and urges all parties to maintain this truce, which could pave the way for genuine negotiations towards a just resolution to the conflict;

 9.   Urges the parties to give renewed impetus to the peace process and to implement fully the road map endorsed by the Security Council in resolution 1515 (2003) of 19 November 2003, with the aim of reaching a comprehensive political settlement in accordance with the resolutions of the Security Council, including resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, and other relevant United Nations resolutions, the principles of the Peace Conference on the Middle East, held in Madrid on 30 October 1991, the Oslo Accords and subsequent agreements, which will allow two States, Israel and Palestine, to live in peace and security;

 10.  Decides to continue the consideration of this question at its fourth session.

32nd meeting

27 November 2006

[Resolution adopted by a recorded vote of 45 to 1, with 1 abstention. See chap. III.]

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B. DECISIONS 

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2/116. Postponement of consideration of draft proposals

  At its 35th meeting, on 29 November 2006, the Human Rights Council decided, without a vote, to take note of the deferral of the following draft proposals:

To the third session of the Human Rights Council:

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II. Adoption of the agenda and organization

of the work of the session 

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2. Country reports

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Palestinian territories occupied since 1967

96.   At the 15th meeting, on 26 September 2006, Mr. John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, presented his reports (E/CN.4/2006/29 and A/HRC/2/5). The observer for Israel and the observer for Palestine made statements, as concerned countries or parties, on the reports.

97.   During the ensuing interactive dialogue, also at the same meeting, the following made statements and put questions to Mr. Dugard:

 (a )   Representatives of States members of the Council: Algeria, Bahrain, Bangladesh, Brazil, Canada, Cuba, Ecuador, Finland (on behalf of the European Union and acceding countries – Bulgaria and Romania), India, Indonesia, Japan, Malaysia, Mali, Morocco, Pakistan (on behalf of the Organization of the Islamic Conference), Saudi Arabia, Senegal and Tunisia;

 (b )   Observers for the following States: Iran (Islamic Republic of), the Syrian Arab Republic and the United States of America.

98.   At the same meeting, Mr. Dugard responded to questions and made his concluding remarks.

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Follow-up to decision 1/106: Human rights situation in Palestine and other occupied Arab territories

146.   At the 22nd meeting, on 29 September 2006, Mr. John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, pursuant to Council decision 1/106 of 30 June 2006, made a statement in connection with his report (A/HRC/2/5) (see also paragraph 96 above).

Follow-up to resolution S-1/1: Human rights situation in the Occupied Palestinian Territory

147.   At the 22nd meeting, on 29 September 2006, pursuant to Council resolution S-1/1 of 6 July 2006, Mr. John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, presented his update. At the same meeting, the observers for Israel, the Syrian Arab Republic and Palestine made statements, as concerned countries, or parties on the update.

148.   During the ensuing discussion, at the same meeting, the following made statements:

 (a)   Representatives of States members of the Council: Algeria, Bahrain (on behalf of the Group of Arab States), Bangladesh, Canada, China, Cuba, Finland (on behalf of the European Union, acceding countries – Bulgaria and Romania, candidate countries – Croatia, The former Yugoslav Republic of Macedonia and Turkey, countries in the process of stabilization and association and potential candidates – Albania, Bosnia and Herzegovina, Montenegro, Serbia, as well as Moldova and Ukraine), Indonesia, Malaysia, Mali, Mexico, Pakistan (on behalf of the Organization of the Islamic Conference), the Russian Federation, Saudi Arabia, Senegal and Tunisia;

 (b)   Observers for the following States: the Democratic People’s Republic of Korea, Egypt, Iran (Islamic Republic of), the Libyan Arab Jamahiriya, the Sudan, the United States of America and Yemen;

 (c)   Observers for the following non-governmental organizations: Al-Haq, Law in the Service of Man, Amnesty International (also on behalf of Human Rights Watch), B’nai B’rith International, Indian Movement Tupaj Amaru (also on behalf of World Peace Council), the International Organization for the Elimination of All Forms of Racial Discrimination, the Organization for the Solidarity of the Peoples of Asia, Africa and Latin America (also on behalf of the Federation of Cuban Women and National Union of Jurists of Cuba), United Nations Watch and Women’s International Zionist Organization.

149.   Also at the same meeting, statements in exercise of the right of reply were made by the observers for Israel and the Syrian Arab Republic.

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J. Consideration and action on draft proposals

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Human rights in the occupied Syrian Golan

176.   At the 31st meeting, on 27 November 2006, the representative of Pakistan (on behalf of the Organization of the Islamic Conference) introduced draft resolution A/HRC/2/L.5/Rev.1, sponsored by Bahrain, Cuba, the Democratic People’s Republic of Korea, Egypt, Guinea, Indonesia, Iraq, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Mauritania, Morocco, Nigeria, Pakistan, Qatar, Saudi Arabia, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Yemen; and Palestine. Algeria, Bangladesh and Venezuela (Bolivarian Republic of) subsequently joined the sponsors.

177.   The representative of Pakistan (on behalf of the Organization of the Islamic Conference) orally revised the draft resolution by modifying paragraph 7.

178.   Statements in connection with the draft resolution were made by the representatives of Algeria and Bahrain (on behalf of the Group of Arab States). The observers for Israel and the Syrian Arab Republic made statements as concerned countries.

179.   Statements in explanation of vote before the vote were made by the representatives of Canada and Finland (on behalf of States members of the European Union that are members of the Council and the acceding country, Romania).

180.   At the request of the representative of Canada, a recorded vote was taken on the draft resolution as orally revised. The draft decision was adopted by 32 votes to 1, with 14 abstentions. The voting was as follows:

In favour:   Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, China, Cuba, Djibouti, Ecuador, Gabon, Ghana, India, Indonesia, Jordan, Malaysia, Mali, Mauritius, Mexico, Morocco, Nigeria, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Tunisia, Uruguay, Zambia.

Against:   Canada.

Abstaining :   Cameroon, Czech Republic, Finland, France, Germany, Guatemala, Japan, Netherlands, Poland, Republic of Korea, Romania, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.

181.   For the text of the resolution as adopted, see chapter I, section A, resolution 2/3.

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Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan

204.   At the 32nd meeting, on 27 November 2006, the representative of Pakistan (on behalf of the Organization of the Islamic Conference) introduced draft resolution A/HRC/2/L.12, sponsored by Algeria, Bahrain, Bangladesh, Cuba, the Democratic People’s Republic of Korea, Djibouti, Egypt, Indonesia, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Morocco, Pakistan, Qatar, Saudi Arabia, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Yemen; and Palestine. Azerbaijan, Belarus, Iraq, Mauritania, Venezuela (Bolivarian Republic of) and Zimbabwe subsequently joined the sponsors.

205.   The representative of Pakistan orally revised the draft resolution by modifying the eighth and ninth preambular paragraphs, by inserting a new paragraph after the tenth preambular paragraph, by modifying paragraphs 1, 2 (e), and 5 (f) and by inserting a new paragraph after paragraph 3 and a further one after paragraph 6.

206.   Statements in connection with the draft resolution were made by the observers for Israel and the Syrian Arab Republic, and the observer for Palestine, as concerned countries, or parties.

207.   A statement in explanation of vote before the vote was made by the representative of Canada.

208.   At the request of the representative of Canada, a recorded vote was taken on the draft resolution as orally revised. The draft resolution was adopted by 45 votes to 1, with 1 abstention. The voting was as follows:

In favour:   Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, China, Cuba, Czech Republic, Djibouti, Ecuador, Finland, France, Gabon, Germany, Ghana, Guatemala, India, Indonesia, Japan, Jordan, Malaysia, Mali, Mauritius, Mexico, Morocco, Netherlands, Nigeria, Pakistan, Peru, Philippines, Poland, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Switzerland, Tunisia, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay, Zambia.

Against:   Canada.

Abstaining :  Cameroon.

209.   Statements in explanation of vote after the vote were made by the representatives of Argentina, Ecuador, Finland (on behalf of States members of the European Union that are members of the Council and the acceding country, Romania), Nigeria and Peru.

210.   For the text of the draft resolution as adopted, see chapter I, section A, resolution 2/4.

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