Human rights situation in the OPT – Report to ECOSOC on CHR 58th session

REPORT TO THE ECONOMIC AND SOCIAL COUNCIL ON THE

FIFTY-EIGHTH SESSION OF THE COMMISSION

Draft report of the Commission 

Rapporteur: Mr. Frederico S. DUQUE ESTRADA MEYER

CONTENTS*

Chapter

VIII.   QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE OCCUPIED ARAB TERRITORIES, INCLUDING PALESTINE

1.   The Commission considered agenda item 8 at its 15th to 19th meetings, on 26 to 28 March 2002, at its 21st to 22nd meeting, on 2 April 2002, at its 37th and 38th meetings, on 12 April 2002, and at its 39th meeting, on 15 April 2002.

2.   For the documents issued under agenda item 8, see annex VI to the present report. For a list of all resolutions and decisions adopted by the Commission and Chairperson’s statements, by agenda item, see annex V.

3.   At the 15th meeting, on 26 March 2002, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, Mr. John Dugard, introduced his report (E/CN.4/2002/32).

4.   In the general debate on item 8, statements were made by members of the Commission, observers and representatives of non-governmental organizations. For a detailed list of speakers, see annex III to the present report.

Human rights in the occupied Syrian Golan

5.   At its 37th meeting, on 12 April 2002, the representative of the Syrian Arab Republic introduced draft resolution E/CN.4/2002/L.2, sponsored by Algeria, Bahrain, Cuba, the Democratic People’s Republic of Korea, Egypt, Indonesia, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates and Yemen. Malaysia and Togo subsequently joined the sponsors.

6.   Statements in connection with the draft resolution were made by the representative of the Syrian Arab Republic and the observer for Israel.

7.   Statements in explanation of vote before the vote were made by the representatives of Canada and Guatemala.

8.   At the request of the representative of Canada, a recorded vote was taken on the draft resolution, which was adopted by 34 votes to 1, with 18 abstentions. The voting was as follows:

 In favour:   Algeria, Argentina, Armenia, Bahrain, Burundi, Cameroon, Chile, China, Cuba, Democratic Republic of the Congo, Ecuador, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Venezuela, Viet Nam and Zambia.

 Against :  Guatemala.

  Abstaining:   Austria, Belgium, Brazil, Canada, Costa Rica, Croatia, Czech Republic, France, Germany, Italy, Japan, Peru, Poland, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland, Uruguay.

9.   A statement in explanation of vote after the vote was made by the representative of Spain (on behalf of the States members of the European Union that are members of the Commission – Austria, Belgium, France, Germany, Italy, Sweden and the United Kingdom of Great Britain and Northern Ireland; the associated countries that are members of the Commission – the Czech Republic and Poland – aligned themselves with the statement).

10.   For the text of the resolution, see chapter II, section A, resolution 2002/6.

Question of the violation of human rights in the occupied Arab territories, including Palestine 

11.   At its 38th meeting, on 12 April 2002, the representative of Pakistan introduced draft resolution E/CN.4/2002/L.16, sponsored by Algeria, Bahrain, China, Cuba, Egypt, Indonesia, Jordan, Kuwait, Lebanon, Malaysia, Mauritania, Morocco, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Somalia, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Viet Nam and Yemen. Bangladesh, Brunei Darussalam, the Libyan Arab Jamahiriya, Madagascar and Togo subsequently joined the sponsors.

12.   At the same meeting, the representative of Pakistan orally revised the draft resolution by introducing a new preambular paragraph after the sixth preambular paragraph and revising the seventh, twelfth, thirteenth and seventeenth preambular paragraphs, and operative paragraphs 1 and 13.

13.   At the same meeting, the representative of Pakistan further revised the draft resolution by moving the new preambular paragraph to after the first preambular paragraph.

14.   Statements in connection with the draft resolution were made by the representatives of Pakistan and Spain and the observers for Israel and Palestine.

15.   At its 39th meeting, on 15 April 2002, in accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, the attention of the Commission was drawn to the estimated administrative and programme budget implications of the draft resolution.

16.   Statements in explanation of vote before the vote were made by the representatives of Canada, France, Germany, Guatemala, Italy, Pakistan, Spain and the United Kingdom of Great Britain and Northern Ireland.

17.   At the request of the representative of Canada, a recorded vote was taken on the draft resolution as orally revised, which was adopted by 40 votes to 5, with 7 abstentions. The voting was as follows:

 In favour:   Algeria, Argentina, Armenia, Austria, Bahrain, Belgium, Brazil, Chile, China, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, France, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Portugal, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Spain, Sudan, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Uganda, Venezuela, Viet Nam and Zambia.

 Against:   Canada, Czech Republic, Germany, Guatemala, United Kingdom of Great Britain and Northern Ireland.

  Abstaining:   Burundi, Cameroon, Croatia, Italy, Japan, Poland, Uruguay.

18.   Statements in explanation of vote after the vote were made by the representatives of Austria, Belgium, India, Portugal and Sweden.

19.   For the text of the resolution, see chapter II, section A, resolution 2002/8.

Israeli settlements in the occupied Arab territories

20.   Also at its 38th meeting, the representative of Spain (on behalf of the European Union) introduced draft resolution E/CN.4/2002/L.17, sponsored by Algeria, Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxemburg, Madagascar, Malta, the Netherlands, New Zealand, Norway, Portugal, Saudi Arabia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey and the United Kingdom of Great Britain and Northern Ireland. Bulgaria, Cyprus, Estonia, Ireland, Japan, Liechtenstein and San Marino subsequently joined the sponsors. Algeria, Egypt and Saudi Arabia withdrew as sponsors.

21.   Statements in connection with the draft resolution were made by the representatives of Algeria, Saudi Arabia and the Syrian Arab Republic and the observer for Israel.

22.   A statement in explanation of vote before the vote was made by the representative of Guatemala.

23.   At the request of the representative of Guatemala, a recorded vote was taken on the draft resolution, which was adopted by 52 votes to 1, with no abstentions. The voting was as follows:

 In favour:   Algeria, Argentina, Armenia, Austria, Bahrain, Belgium, Brazil, Burundi, Cameroon, Canada, Chile, China, Costa Rica, Croatia, Cuba, Czech Republic, Democratic Republic of the Congo, Ecuador, France, Germany, India, Indonesia, Italy, Japan, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Poland, Portugal, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Spain, Sudan, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela, Viet Nam and Zambia.

 Against:  Guatemala.

 Abstaining:  None.

24.   For the text of the resolution, see chapter II, section A, resolution 2002/7.

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* Documents E/CN.4/2002/L.10 and addenda will contain the chapters of the report relating to the organization of the session and the various items on the agenda. Resolutions and decisions adopted by the Commission, as well as draft resolutions and decisions for action by, and other matters of concern to, the Economic and Social Council, will be contained in documents E/CN.4/2002/L.11 and addenda.