Promotion and protection of human rights – Impunity/Human rights situation in th OPT – SecGen report (excerpts)

PROMOTION AND PROTECTION OF HUMAN RIGHTS

Impunity

Report of the Secretary-General

Summary

This report is submitted pursuant to Commission on Human Rights resolution 2005/81 requesting the Secretary-General to report on the latest developments in international law and practice relevant to combating impunity, including international jurisprudence and State practice, and the work of the Office of the High Commissioner for Human Rights and other parts of the United Nations system, taking into account the updated Set of Principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1) and the independent study, as well as comments received pursuant to the present resolution.

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This report surveys a selection of international commissions of inquiry and fact-finding missions supported by OHCHR in several countries that have continued to suffer throughout the years from conflict and/or massive human rights violations.  In particular, the report outlines the work of the international commissions of inquiry established for the then East Timor in 1999, Togo in 2000, the Occupied Palestinian Territory in 2001, Côte d’Ivoire in April 2004 and in June 2004, and the Darfur Region of the Sudan in 2004.  Additionally, the OHCHR fact-finding missions conducted during 2005 with regard to events in Andijan, Uzbekistan, and Togo are reflected.  Finally, the report discusses referral by the Security Council of the situation in Darfur since 1 July 2005 to the International Criminal Court.

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I.  INTERNATIONAL COMMISSIONS OF INQUIRY

8. This section surveys several international commissions of inquiry, including those established for the then East Timor in 1999, Togo in 2000, the Occupied Palestinian Territory in 2001, Cote d’Ivoire in April 2004 and in June 2004, and the Darfur Region of the Sudan in 2004.

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C. The Human Rights Inquiry Commission to Investigate Violations of

Human Rights and Humanitarian Law in the Occupied Palestinian

Territories after 28 September 2000

17. OHCHR provided support to the Human Rights Inquiry Commission established in January 2001 to investigate violations of human rights and humanitarian law in the occupied Palestinian territories after 28 September 2000.  In November 2000, the High Commissioner for Human Rights visited the occupied Palestinian territories at the urgent request of the Commission on Human Rights.  Commission on Human Rights resolution S-5/1, adopted at its special session, on 19 October 2000.

18. The Human Rights Inquiry Commission was established pursuant to Commission on Human Rights resolution S-5/1, adopted at its special session, on 19 October 2000, which was later endorsed by the Economic and Social Council in its decision 2000/311 (22 November 2000), “to gather and compile information on violations of human rights and acts which constitute grave breaches of international humanitarian law by the Israeli occupying Power in the occupied Palestinian territories and to provide the Commission with its conclusions and recommendations, with the aim of preventing the repetition of the recent human rights violations”.  The inquiry was thus limited to violations committed by the “Israeli occupying Power in the occupied Palestinian territories”, and some perceived its mandate as restricted.

19. On 2 January 2001, the Bureau of the Commission on Human Rights established the Commission of Inquiry comprising of three international experts.  OHCHR created a secretariat of 13 persons, including the coordinator, methodology adviser, human rights officers, security and military expert, and support staff.  From 10 to 18 February 2001, the Commission of Inquiry visited the occupied Palestinian territories and Israel.  It met with members of the Palestinian authority, non-governmental organizations, the Palestinian Red Crescent, ICRC, international agencies, journalists, lawyers and members of the Palestinian Legislative Council.  The Commission also met with Israeli NGOs and Israeli interlocutors, who provided a broader understanding of the context of the conflict and the legal position adopted by the Government of Israel, and spoke with Christian and Muslim leaders.  A number of victims of violence in Gaza, Ramallah, Hebron and Jerusalem were also interviewed.  The Government of Israel made it clear from the outset that it would not cooperate with the Commission of Inquiry.  The Commission, however, was pleased to report that the Government did not in any way obstruct its work and indeed facilitated its visit to Israel and the occupied territories.  While the Commission was not able to obtain specific responses to allegations of human rights violations and violations of international humanitarian law or benefit from interaction on these concerns with the Israeli officials, it believed that it had been adequately informed about the official Israeli position through its study of their submissions to the Mitchell Commission and the Government’s response to the report of the High Commissioner for Human Rights and by speaking to informed Israeli interlocutors.  In the preparation of its report, the Commission was guided by the best available evidence.  During its visit to Israel and the Occupied Palestinian Territory, the Commission heard a considerable amount of evidence, experienced violence at first hand, spoke to victims and inspected destroyed properties and the site of some of the worst confrontations.  It also took into account the findings of respected NGOs where they were supported by reliable eyewitness accounts and where they coincided with other evidence received by the Commission.

20. The Commission of Inquiry completed its mandate within nine weeks and its report, inter alia, concluded that “a comprehensive, just and durable peace is to be sought through negotiations … that would end the occupation”; “an adequate and effective international presence needs to be established to monitor and regularly report on compliance by all parties with human rights and humanitarian law standards in order to ensure full protection of the human rights of the people of the occupied territories”; and “it seems incontestable that the Israeli Security Forces … have used excessive and disproportionate force from the outset of the second intifada”.  See E/CN.4/2001/121, paras. 111, 114 and 116.  The Commission also recommended that the Commission on Human Rights should “establish a high-profile periodic monitoring and reporting undertaking to consider the degree to which the recommendations of the report are implemented”.  See ibid., para. 134.  The Commission’s report was published on 16 March 2001 and presented to the Commission on Human Rights on 28 March 2001.  Commission resolution 2001/7 welcomed “the recommendations contained in the report of the United Nations High Commissioner for Human Rights and those contained in the report of the Human Rights Inquiry Commission, urges the Government of Israel to implement them and requests the Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, acting as a monitoring mechanism, to follow up on the implementation of those recommendations”, and to submit reports thereon to the General Assembly and the Commission on Human Rights.  

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III.  CONCLUSIONS

42. It has been widely recognized that the commissions of inquiry and fact-finding missions can play an important role in combating impunity.  Recent international commissions of inquiry have been established with comprehensive mandates, including specific requests for complex legal determinations and identification of perpetrators.  As demonstrated in this report, thorough and comprehensive work by the Commission of Inquiry can assist the United Nations intergovernmental bodies, including the Commission on Human Rights and the Security Council, in their decision-making processes on action when serious violations of international human rights law and international humanitarian law are taking place.  

43. These initiatives have increasingly required support, including a range of legal, investigative and forensic expertise.  OHCHR has been providing increasingly comprehensive support to the international commissions of inquiry and fact-finding missions.  In recent years, OHCHR has strengthened its capacity to fulfil this role and, through the High Commissioner’s Plan of Action, is committed to further enhancing its capacity and expertise to provide legal and technical advice and support to such investigative missions.  The increased support for such activities exemplifies the direction of OHCHR’s future endeavours as the Office seeks to play an effective and much stronger protection role, especially at the country level.

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