Human rights situation in the OPT, Golan – HRC second session – Draft 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)

Draft report of the Council**

[Note:  The present addendum to the draft report only reflects the proceedings of the Council after it resumed its second session from 27 to 29 November 2006.]

_______________

  *  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.

**  Document A/HRC/2/L.10 and addenda contain the chapters of the report relating to the organization of the session and the items on the agenda.  Resolutions and decisions adopted by the Council will be contained in document A/HRC/2/L.11 and addenda.


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IV. IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251
OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”

J.  Consideration and action on draft proposals

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Human rights in the occupied Syrian Golan

15. 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 Algeria, Bahrain, Cuba, the Democratic People’s Republic of Korea, Egypt, Guinea, Indonesia, Iraq, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Mauritania, Morocco, Nigeria, Pakistan, Palestine, Qatar, Saudi Arabia, Sudan, Syrian Arab Republic, Tunisia, United Arab Emirates and Yemen.  Algeria, Bangladesh, Malaysia, Venezuela and Zimbabwe subsequently joined the sponsors.

16. The representative of Pakistan orally revised the draft resolution, in its operative paragraph 7, by replacing “next session and at the following sessions” by “fourth session”.

17. Statements in connection with the draft resolution were made by the representatives of Algeria and Bahrain (on behalf of the Group of Arab States), as well as the observers for Israel and the Syrian Arab Republic.

18. 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).

19. At the request of the representative of Canada, a recorded vote was taken on the draft resolution, which was adopted, as orally revised, 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.

20. For the text of the resolution as adopted, see chapter II, resolution 2/3.

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

43. 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, Iraq, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Morocco, Pakistan, Palestine, Qatar, Saudi Arabia, Sudan, the Syrian Arab Republic, Tunisia, United Arab Emirates and Yemen.  Azerbaijan, Belarus, Mauritania and Venezuela subsequently joined the sponsors.

44. The representative of Pakistan orally revised the draft resolution as follows:

(a) He added, in preambular paragraph 8, after the words “Recalling further”, the following words:  “its attachment to the implementation by both parties of their obligations under the”;

(b) He deleted, in preambular paragraph 9, the word “preventing” and replaced it with the word “threatening”;

(c) He added, after preambular paragraph 10, a new preambular paragraph, which reads as follows:  “Noting the dismantlement of settlements in the Gaza strip and parts of northern West Bank”;

(d) He added, in operative paragraph 1, after the words “E/CN.4/2006/29”, the following words “and A/HRC/2/5”;

(e) He amended operative paragraph 2 (e) to read as follows:  “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  See International Court of Justice, Advisory Opinion in the case concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, para. 121.”;

(f) He deleted, in operative paragraph 5 (f), the following words “and calls upon Member States, in respect for their obligations under international humanitarian law, to refrain from rendering any form of support to the above Israeli project”;

(g) He added, after operative paragraph 3, a new operative paragraph to read as follows:  “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”; and

(h) He added, after operative paragraph 6, a new operative paragraph to read as follows:  “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”.

45. Statements in connection with the draft resolution were made by the observers for Israel and the Syrian Arab Republic, and Palestine.

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

47. At the request of the representative of Canada, a recorded vote was taken on the draft resolution which was adopted, as orally revised, 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.

48. 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.

49. For the text of the draft resolution as adopted, see chapter II, resolution 2/4.

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2019-03-11T21:37:16-04:00

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