Human rights situation in the OPT – HRC fourth session – Report to the GA (excerpts)

REPORT TO THE GENERAL ASSEMBLY ON THE FOURTH SESSION

OF THE HUMAN RIGHTS COUNCIL ^*

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

*  The format of the present report is based on the agenda and “Draft framework for a programme of work of the Human Rights Council for the first year” for the fourth session as adopted by the Council in its decisions 1/105 of 30 June 2006 and 2/103 of 6 October 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 fourth session 

A. Resolutions

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4/2.   Human rights situation in the Occupied Palestinian

Territory: follow-up to Human Rights Council

resolutions S-1/1 and S-3/1 

  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 fifth 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.

26th meeting

27 March 2007

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

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B. Decisions

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4/105. Postponement of consideration of draft proposals

  At its 32nd meeting, on 30 March 2007, the Human Rights Council decided, without a vote, to take note of the deferral of the following draft proposals:

To the fifth session of the Human Rights Council: 

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III.   Implementation of General Assembly resolution 60/251

of 15 March 2006 entitled “Human Rights Council”

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D.  Follow-up to decisions of the Human Rights Council

1.   Follow-up to decision 1/106, resolution S-1/1,

resolution 2/4 and resolution 3/1 

39.   At the 10th meeting, on 16 March 2007, the Council decided to discuss the follow-up to its decision 1/106 of 30 June 2006 entitled “Human rights situation in Palestine and other occupied Arab territories”; resolution S-1/1 of 6 July 2006 entitled “Human rights situation in the Occupied Palestinian Territory”; resolution 2/4 of 27 November 2006 entitled “Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan”; and resolution 3/1 of 8 December 2006 entitled “Human rights situation in the Occupied Palestinian Territory: follow-up to Human Rights Council resolution S-1/1” together with the annual report of Mr. John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (see paragraph 97 below).

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3. Follow-up to resolution S-3/1

42.   At the 10th meeting, on 16 March 2007, the Council decided to discuss the follow-up to resolution S-3/1 of 15 November 2006 entitled “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”, together with follow-up to its decision 1/106, resolution S-1/1, resolution 2/4 and resolution 3/1 (see paragraphs 97-103 below).

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2. Country reports

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Palestinian territories occupied since 1967

Follow-up to resolution S-1/1 

97.   At the 19th meeting, on 22 March 2007, Mr. John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, presented his report (A/HRC/4/17). He also presented his report (A/HRC/4/116) pursuant to resolution S-1/1 entitled “Situation of human rights in the occupied Palestinian territory” (see also paragraph 39 above). The observers for Israel and Palestine made statements, as concerned countries, or parties.

98.   During the ensuing interactive dialogue, at the 19th meeting on 22 March 2007, and at the 20th meeting, on 23 March 2007, the following delegations made statements and put questions to Mr. Dugard:

 ( a)   Representatives of States members of the Council: Algeria (on behalf of the Group of Arab States), Bangladesh, Canada, China, Cuba, Germany (on behalf of the European Union), Indonesia, Jordan, Malaysia, Mali, Morocco, Pakistan (on behalf of the Organization of the Islamic Conference), Russian Federation, Senegal, South Africa, Tunisia and Zambia;

 (b )   Observers for the following States: Chile, Egypt, Iran (Islamic Republic of), Kuwait, Libyan Arab Jamahiriya, Qatar, Sudan, Syrian Arab Republic, United Arab Emirates, United States of America, Venezuela (Bolivarian Republic of) and Yemen;

 (c)   Observer for the following intergovernmental organization: League of Arab States.

99.   At the same meetings, Mr. Dugard responded to questions and made his concluding remarks.

Follow-up to resolution S-3/1

100.   At the 19th meeting, on 22 March 2007, Ms. Christine Chinkin, Member of the High-Level Fact-Finding Mission to Beit Hanoun, established pursuant to Council resolution S-3/1, gave an update (A/HRC/4/113) on the implementation of the mandate of the mission (see also paragraph 42 above). The observers for Israel and Palestine made statements, as concerned countries, or parties.

101.   During the ensuing interactive dialogue, at the same meeting and at the 20th meeting, on 23 March 2007, the following delegations made statements and put questions to Ms. Chinkin:

 (a)  Representatives of States members of the Council: Algeria (on behalf of the Group of Arab States), Bangladesh, Cuba, Germany (on behalf of the European Union), Indonesia, Mexico, Pakistan (on behalf of the Organization of the Islamic Conference) and Peru;

 (b)   Observers for the following States: Chile, Iran (Islamic Republic of) and Syrian Arab Republic;

 (c)   Observers for the following non-governmental organizations: Amnesty International and Organization for Defending Victims of Violence.

102.   At the 19th meeting, on 22 March 2007, Ms. Chinkin responded to questions and made her concluding remarks.

103.   At the 20th meeting, on 23 March 2007, the following observers for non-governmental organizations made statements: Al Haq, Law in the Service of Man (also on behalf of International Federation for Human Rights Leagues), 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 Al Haq, Law in the Service of Man, International League for the Rights and Liberation of Peoples, Indian Movement Tupaj Amaru, Interfaith International, International Educational Development, International Organization for the Elimination of All Forms of Racial Discrimination, Women’s International League for Peace and Freedom, Movement against Racism and for Friendship among Peoples , Union of Arab Jurists and World Peace Council), International Organization for the Elimination of All Forms of Racial Discrimination (also on behalf of Arab Lawyers Union, Union of Arab Jurists and Organization for Defending Victims of Violence), Organization for Solidarity of the Peoples of Asia, Africa and Latin America, Union of Arab Jurists and United Nations Watch.

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I. Consideration and action on draft proposals

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

137.   At the 26th meeting, on 27 March 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/4/L.2, sponsored by Algeria (on behalf of the Group of Arab States) and Pakistan (on behalf of the Organization of the Islamic Conference). Cuba subsequently joined the sponsors.

138.   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.

139.   Statements in connection with the draft resolution were made by the representative of Germany (on behalf of the European Union), and the observers for Israel and Palestine, as concerned countries, or parties.

140.   A statement in explanation of vote after the vote was made by the representatives of Canada and the Netherlands.

141.   The draft resolution was adopted without a vote. For the text as adopted, see chapter I, section A, resolution 4/2.

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ANNEX II

Estimated administrative and programme budget implications

of Council resolutions and decisions

4/2.   Human rights situation in the Occupied Palestinian Territory:

follow-up to Human Rights Council resolutions S-1/1 and S-3/1

1.   Under the terms of paragraphs 1 and 2 of resolution 4/2, the Human Rights Council:

 (a)   Called for the implementation of its resolutions S-1/1 and S-3/1, including the dispatching of the urgent fact-finding missions;

 (b)   Requested the President of the Human Rights Council and the United Nations High Commissioner for Human Rights to report to the Council at its fifth 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;

2.   It may be recalled that at the first special session of the Human Rights Council, an oral statement of programme budget implications was presented to it on its resolution S-1/1, which informed the Council that while no provisions had been made in the 2006-2007 programme budget to dispatch an urgent fact-finding mission to the Occupied Palestinian Territory, the related travel costs, estimated at $27,300, for the mission, would be absorbed within overall resources included in the programme budget for the biennium 2006-2007, under section 23, Human Rights (A/61/530). With regard to the Human Rights Council resolution S-3/1, although owing to time constraints, an estimate of the programme budget implications of the resolution was not presented to it, the Council was informed at the time it adopted the resolution that to the extent possible resources required to implement the decision to dispatch a high-level fact-finding mission to Beit Hanoun and to provide all administrative, technical and logistical assistance to the mission would be met from resources approved for the programme budget for the biennium 2006-2007, under section 23, Human Rights . Subsequent to the third special session of the Human Rights Council, it was estimated that $130,500 would be required to implement the Human Rights Council, resolution S-3/1. The Secretary-General in his reports A/61/530 and Add.1 on the revised estimates resulting from resolutions and decisions adopted by the Human Rights Council at its first session, second and third sessions and its first through third special sessions, in 2006 informed the General Assembly at the main part of its sixty-first session of the aforementioned budgetary requirements.

3.   This oral statement is presented to inform the Council that the resources required to implement its resolutions S-1/1 and S-3/1 estimated at $27,300 and $130,500, respectively, remain unchanged. At this time, t he Secretary-General, maintains his prior position, as reported to the General Assembly at the main part of its sixty-first session that to the extent possible, the requirements would be met from resources approved by the General Assembly under section 23, Human Rights of the programme budget for the biennium 2006-2007.

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