Human Rights Council – 14th regular session (31 May-18 June 2010) – Report (excerpts)

Report of the Human Rights Council on its fourteenth session*

Vice-President and Rapporteur: Mr. Hisham Badr (Egypt)

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Part Two:

  Summary of proceedings

 I. Organizational and procedural matters

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 G. Urgent debate on the raid on the flotilla by Israeli Defence Forces

32. At its 3rd meeting, on 1 June 2010, the President of the Council announced that, following a request received from the Group of Arab States and the Organization of the Islamic Conference, the Council would convene in the afternoon an urgent debate on the raid on the flotilla by the Israeli defence forces.

33. At its 5th meeting, on the same day, the Council held an urgent debate on the raid on the flotilla by Israeli defence forces. The Deputy High Commissioner for Human Rights made a statement on behalf of the High Commissioner for the urgent debate.

34. At the same meeting, the representative of Israel made a statement as a concerned country.

35. Also at the same meeting, the representative of Palestine made a statement as a concerned party.

36. During the ensuing discussion at the same meeting, and at the 6th meeting on 2 June 2010, the following made statements:

(a) Representatives of States Members of the Council: Argentina, Bahrain, Bangladesh, Bolivia (Plurinational State of), Brazil, Chile, China, Cuba, Djibouti, Egypt (on behalf of the Non-Aligned Movement), France, India, Indonesia, Italy, Japan, Jordan, Mexico, Nicaragua, Nigeria (on behalf of the Group of African States), Norway, Pakistan (also on behalf of the Organization of the Islamic Conference), Qatar, Republic of Korea, Russian Federation, Saudi Arabia, South Africa, Spain ¹ (on behalf of the European Union), Sudan¹ (on behalf of the Group of Arab States), United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay;

(b) Representatives of the following observer States: Afghanistan, Algeria, Australia, Austria, Belarus, Canada, Ecuador, El Salvador, Germany, Greece, Iceland, Iran (Islamic Republic of), Iraq, Ireland, Kuwait, Lao People’s Democratic Republic, Lebanon, Libyan Arab Jamahiriya, Malaysia, Maldives, Morocco, New Zealand, Oman, Panama, Paraguay, Peru, Somalia, Sri Lanka, Sudan, Sweden, Switzerland, Syrian Arab Republic, Tunisia, Turkey, United Arab Emirates, Venezuela (Bolivarian Republic of), Viet Nam, Yemen;

(c) Observer for the Holy See;

(d) Observers for intergovernmental organizations: African Union, League of Arab States;

(e) Observer for a national human rights institution: Palestinian National Institution for Human Rights;

(f) Observers for the following non-governmental organizations: Amnesty International, Cairo Institute for Human Rights Studies (also on behalf of Al-Haq, Law in the Service of Man), Commission of the Churches on International Affairs, Human Rights Watch, Indian Movement Tupaj Amaru, International Federation for Human Rights Leagues (also on behalf of the Palestinian Centre for Human Rights), International Human Rights Association of American Minorities, International Islamic Federation of Student Organizations, Mouvement contre le racisme et pour l’amitié entre les peuples (also on behalf of the American Association of Jurists, Centre Europe – Tiers Monde, France Libertés : Fondation Danielle Mitterrand, the Women’s International League for Peace and Freedom and the World Federation of Trade Unions), Nord-Sud XXI (also on behalf of the Arab Lawyers Union, the International Organization for the Elimination of All Forms of Racial Discrimination and the Union of Arab Jurists), United Nations Watch, World Muslim Congress.

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K. Consideration of and action on draft proposals

  The grave attacks by Israeli Forces against the Humanitarian Boat Convoy

44. At the 7th meeting, on 2 June 2010, the representative of Pakistan (on behalf of the Organization of the Islamic Conference and the Group of Arab States) introduced draft resolution A/HRC/14/L.1, sponsored by Pakistan (on behalf of the Organization of the Islamic Conference) and co-sponsored by Palestine¹ and Sudan¹ (on behalf of the Group of Arab States).

45. At the same meeting, the representative of Pakistan orally revised the draft resolution by modifying paragraphs 3 and 7, and adding new paragraphs 4 bis and 7 bis.

46. Also at the same meeting, the representative of Israel made a statement as a concerned country.

47. At the same meeting, the representative of Palestine made a statement as a concerned party.

48. 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 as orally revised (see annex II).

49. At the same meeting, the representatives of France, the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States of America made statements in explanation of vote before the vote.

50. Also at the same meeting, at the request of the representative of the United States of America, a recorded vote was taken on draft resolution A/HRC/14/L.1 as orally revised. The draft resolution as orally revised was adopted by 32 votes in favour, 3 against, with 9 abstentions. The voting was as follows:

In favour:

Angola, Argentina, Bahrain, Bangladesh, Bolivia (Plurinational State of), Bosnia and Herzegovina, Brazil, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Kyrgyzstan, Mauritius, Mexico, Nicaragua, Nigeria, Norway, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, Slovenia, South Africa, Uruguay

Against:

Italy, Netherlands, United States of America

Abstaining:

Belgium, Burkina Faso,² France, Hungary, Japan, Republic of Korea, Slovakia, Ukraine, United Kingdom of Great Britain and Northern Ireland

51. For the text as adopted, see part one, chapter I, resolution 14/1.

52. At the same meeting, the representatives of Norway and Nicaragua made statements in explanation of vote after the vote.

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 VI. Universal periodic review

202. Pursuant to General Assembly resolution 60/251, Human Rights Council resolution 5/1 and President’s statements (PRST/8/1 and PRST/9/2) on modalities and practices for the universal periodic review process, the Council considered the outcome of the reviews conducted during the seventh session of the Working Group on the Universal Periodic Review, held from 8 to 19 February 2010.

 A. Consideration of universal periodic review outcomes

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2. Views expressed by member and observer States of the Council on the review outcome

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255. … Qatar also thanked Nicaragua for its support to the Palestinian cause.

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263. The Islamic Republic of Iran … commended the principled position of the Government of Nicaragua on the occupied Palestinian territories, particularly following the recent, brutal attack against the humanitarian aid convoy.

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4. Concluding remarks of the State under Review

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302. Lastly, with regard to a query related to its negative vote on Council resolution 14/1, Italy explained that its decision in this regard had not been easy, and asserted its very friendly relations with the Palestinian people, the Arab world as a whole, and Turkey, which had also been directly and dramatically involved. Italy stressed its willingness to continue to work, in conjunction with the European Union, for a just and comprehensive solution to the Middle East conflict, taking into account the legitimate concerns of all parties involved.

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3. General comments made by other relevant stakeholders

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644. The Al-Hakim Foundation thanked Egypt for its comprehensive report on its human rights situation and praised the constructive participation of Egypt in the universal periodic review. It commended Egypt’s decision to open the Rafah border to allow humanitarian assistance to enter Gaza, while allowing the passage of Palestinians for health treatment abroad. It also commended the decision by parliament to limit the application of the emergency law to combating terrorism and drug trafficking. While noting the efforts made to fight female genital mutilation, it stated that additional measures needed to be taken in this regard. Finally, it referred to the necessity to find a solution to legal problems faced by Egyptian nationals married to Palestinians of Israeli nationality and their children.

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

 A. Interactive dialogue with special procedures mandate holders

711. At the 27th meeting, on 14 June 2010, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk, presented his report (A/HRC/13/53/Rev.1), the consideration of which had been postponed from the thirteenth session to the present one.

712. At the same meeting, the representative of Palestine made a statement as the concerned party.

713. During the ensuing interactive dialogue, at the same meeting, the following made statements and asked the Chairperson-Rapporteur questions:

(a) Representatives of States Members of the Council: Bangladesh, Brazil (also on behalf of India and South Africa), Cuba, Egypt, Indonesia, Japan, Jordan, Pakistan (on behalf of the Organization of the Islamic Conference), Saudi Arabia, Sudan⁶ (also on behalf of the Group of Arab States), United States of America;

(b) Representatives of observer States: Algeria, Iran (Islamic Republic of), Iraq, Lebanon, Libyan Arab Jamahiriya, Malaysia, Syrian Arab Republic, Tunisia, Yemen;

(c) Observer for an intergovernmental organization: European Union;

(d) Observers for the following non-governmental organizations: Badil Resource Center for Palestinian Residency and Refugee Rights (also on behalf of the Al-Haq, Law in the Service of Man), Coordinating Board of Jewish Organizations (also on behalf of the B'nai B'rith International), Defence for Children International, Nord-Sud XXI (also on behalf of the Arab Lawyers Union, the General Arab Women Federation and the Union of Arab Jurists), United Nations Watch.

714. At the same meeting, the Special Rapporteur answered questions and made his concluding remarks.

 B. Follow-up to Human Rights Council resolutions S-9/1 and S-12/1

715. At the 27th meeting, on 14 June 2010, the High Commissioner for Human Rights introduced her progress report on the follow-up to the report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict (A/HRC/14/37), in accordance with Council resolution 13/9.

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¹Observer of the Human Rights Council speaking on behalf of Member and observer States.

²The Permanent Mission of Burkina Faso subsequently informed the Human Rights Council that Burkina Faso had intended to vote in favour of the resolution.