Mideast situation/Human rights – CHR fifty-ninth session – Report (excerpts)

COMMISSION ON HUMAN RIGHTS

REPORT ON THE FIFTY-NINTH SESSION

(17 March-24 April 2003) 

ECONOMIC AND SOCIAL COUNCIL 

OFFICIAL RECORDS, 2003 

SUPPLEMENT No. 3 

I.   Draft resolution and draft decisions recommended for adoption by the Economic and Social Council

/…

B. Draft decisions

1. Human rights situation of the Lebanese detainees in Israel 

  The Economic and Social Council, taking note of Commission on Human Rights resolution 2003/8 of 16 April 2003, endorses the Commission’s decision to request the Secretary-General:

 (a)   To bring Commission resolution 2003/8 to the attention of the Government of Israel and to call upon it to comply with its provisions;

 (b)   To report to the General Assembly at its fifty-eighth session and to the Commission at its sixtieth session on the results of his efforts in this regard.

[See chap. II, sect. A, resolution 2003/8,
and chap. IX.]

/…

II.   Resolutions and decisions adopted by the Commission at its fifty-ninth session

A. Resolutions

/…

2003/3. Situation in occupied Palestine

 The Commission on Human Rights ,

 Guided by the purposes and principles of the Charter of the United Nations, in particular the provisions of Articles 1 and 55 thereof, which affirm the right of peoples to self-determination, and reaffirming the need for the scrupulous respect of the principle of refraining in international relations from the threat or use of force, as specified in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States, adopted by the General Assembly in its resolution 2625 (XXV) of 24 October 1970,

 Guided also by the provisions of article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, which affirm that all peoples have the right to self-determination,

  Guided further by the provisions of the Vienna Declaration and Programme of Action, adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23), and in particular Part I, paragraphs 2 and 3, relating to the right of self-determination of all peoples and especially those subject to foreign occupation,

 Recalling General Assembly resolutions 181 A and B (II) of 29 November 1947 and 194 (III) of 11 December 1948, as well as all other resolutions which confirm and define the inalienable rights of the Palestinian people, particularly their right to self-determination,

 Recalling also Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002 and 1402 (2002) of 30 March 2002,

 Recalling further its previous resolutions in this regard, the latest of which is its resolution 2002/3 of 12 April 2002,

 Reaffirming the right of the Palestinian people to self-determination in accordance with the provisions of the Charter of the United Nations, the relevant United Nations resolutions and declarations, and the provisions of international covenants and instruments relating to the right to self-determination as an international principle and as a right of all peoples in the world, as it is a jus cogens in international law and a basic condition for achieving a just, lasting and comprehensive peace in the region of the Middle East,

 1.  Reaffirms the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to establish their sovereign and independent Palestinian State, and looks forward to the early fulfilment of this right;

 2.   Requests the Secretary-General to transmit the present resolution to the Government of Israel and all other Governments, to disseminate it on the widest possible scale and to make available to the Commission on Human Rights, prior to the convening of its sixtieth session, all information pertaining to the implementation of the present resolution by the Government of Israel;

 3.  Decides to include in the provisional agenda of its sixtieth session the item entitled “The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation” and to consider the situation in occupied Palestine under that agenda item, as a matter of high priority.

47th meeting
14 April 2003
[Adopted by a recorded vote of 51 votes to 1,
with 1 abstention. See chap. V.]

/…

2003/5. Human rights in the occupied Syrian Golan

 The Commission on Human Rights ,

  Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan due to the violation of their fundamental and human rights since the Israeli military occupation of 1967,

  Recalling Security Council resolution 497 (1981) of 17 December 1981,

 Recalling also all relevant General Assembly resolutions, including the latest, resolution 57/112 of 3 December 2002 in which the Assembly declared that Israel had failed to comply with Security Council resolution 497 (1981) and demanded that Israel withdraw from all the occupied Syrian Golan,

 Reaffirming once more the illegality of Israel’s decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,

 Reaffirming the principle of non-acquisition of territory by force in accordance with the Charter of the United Nations and the principles of international law,

  Taking note with deep concern of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/57/207) submitted on 16 September 2002 and, in this connection, deploring the Israeli settlement in the occupied Arab territories and regretting Israel’s constant refusal to cooperate with and to receive the Special Committee,

  Guided by the relevant provisions of the Charter of the United Nations, international law and the Universal Declaration of Human Rights, and reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the relevant provisions of the Hague Conventions of 1899 and 1907 to the occupied Syrian Golan,

 Reaffirming the importance of the peace process which started in Madrid on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 and the principle of land for peace, and expressing its concern at the stoppage of the peace process in the Middle East, and its hope that peace talks will be resumed on the basis of the full implementation of Security Council resolutions 242 (1967) and 338 (1973) for the establishment of a just and comprehensive peace in the region,

 Also reaffirming its previous relevant resolutions, the most recent being resolution 2002/6 of 12 April 2002,

 1.   Calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council decided, inter alia, that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void and without international legal effect, and demanded that Israel should rescind forthwith its decision;

 2.  Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties;

 3.  Further calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and to desist from its repressive measures against them, and from all other practices mentioned in the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories;

 4.   Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and have no legal effect;

 5.   Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;

 6.  Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations and to give it the widest possible publicity, and to report to the Commission on Human Rights at its sixtieth session;

 7.  Decides to include in the provisional agenda of its sixtieth session, as a matter of high priority, the item entitled “Question of the violation of human rights in the occupied Arab territories, including Palestine”.

48th meeting
15 April 2003
[Adopted by a recorded vote of 31 to 1,
with 21 abstentions. See chap. VIII.]

2003/6.   Question of the violation of human rights in the
occupied Arab territories, including Palestine

 The Commission on Human Rights,

 Guided by the purposes and principles of the Charter of the United Nations as well as by the provisions of the Universal Declaration of Human Rights,

 Recalling Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002, 1402 (2002) of 30 March 2002 and 1403 (2002) of 4 April 2002 that called upon both parties to move immediately to a meaningful ceasefire, as well as for withdrawal of Israeli troops and for an immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction,

 Guided by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,

  Taking into consideration the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949 (Fourth Geneva Convention), the provisions of Additional Protocol I thereto and the Hague Convention IV of 1907,

 Recalling the resolutions of the Security Council, the General Assembly and the Commission on Human Rights relating to the applicability of the Fourth Geneva Convention to the occupied Palestinian territory, including East Jerusalem,

 Reaffirming the applicability of the Fourth Geneva Convention to the occupied Palestinian territory, including East Jerusalem,

 Recalling General Assembly resolutions on Israeli violations of human rights in the occupied Palestinian territory, including East Jerusalem, occupied since 1967,

  Recalling particularly General Assembly resolution 37/43 of 3 December 1982 reaffirming the legitimacy of the struggle of peoples against foreign occupation and for self-determination,

  Recalling the Vienna Declaration and Programme of Action, adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23),

   Welcoming the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Mr. John Dugard (E/CN.4/2003/30 and Add.1), the report of the Special Rapporteur on adequate housing as a component of an adequate standard of living, Mr. Miloon Kothari (E/CN.4/2003/5/Add.1), and the report of the Special Rapporteur on the right to food, Mr. Jean Ziegler (E/CN.4/2003/54),

 Expressing its deep concern at the failure of the Government of Israel to cooperate with the Human Rights Inquiry Commission established pursuant to Commission resolution S-5/1 of 19 October 2000 and its failure to cooperate with other relevant special rapporteurs, particularly Mr. John Dugard,

 Gravely concerned at the continued deterioration of the situation in the occupied Palestinian territory and at the gross violations of human rights and international humanitarian law, in particular, acts of extrajudicial killing, closures, collective punishments, the persistence in establishing settlements, arbitrary detentions, the besieging of Palestinian towns and villages, the shelling of Palestinian residential districts from warplanes, tanks and Israeli battleships, the conducting of incursions into towns and camps and the killing of men, women and children there as was the case lately in the camps of Jenin, Balata, Khan Younis, Rafah, Ramallah, Gaza, Nablus, Al-Birah, Al-Amari, Jabalia, Bethlehem and Dheisheh, and in the Al-Daraj and Al-Zaitoun neighbourhoods in the city of Gaza,

 Expressing its grave concern at the continued violence and the resulting deaths and injuries, mostly among Palestinians, the toll of casualties having so far increased to over 2,200 killed and over 25,000 wounded since 28 September 2000,

 Taking note of the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories submitted to the General Assembly since 1968,

 Expressing its grave concern at the continued Israeli refusal to abide by the resolutions of the Security Council, the General Assembly and the Commission on Human Rights calling upon Israel to put an end to the violations of human rights and affirming the applicability of the Fourth Geneva Convention to the occupied Palestinian territory, including East Jerusalem, occupied by Israel since 1967,

 Convinced that the basis of negotiations and of achieving a just and lasting peace should be Security Council resolutions 242 (1967) and 338 (1973) and other relevant United Nations resolutions, including the principle of the inadmissibility of acquisition of territory by war, the need for every State in the area to be able to live in security and the principle of land for peace,

 Recalling all its previous resolutions on the subject, the latest of which is resolution 2002/8 of 15 April 2002,

 1.  Reaffirms the legitimate right of the Palestinian people to resist the Israeli occupation in order to free its land and be able to exercise its right of self-determination, thus fulfilling its mission, which is one of the goals and purposes of the United Nations, in accordance with the Charter;

 2.  Strongly condemns once more the violations by the Israeli occupation authorities of human rights in the occupied Palestinian territory, including East Jerusalem;

 3.   Also strongly condemns the Israeli occupation of the Palestinian territory as it constitutes an aggression and an offence against humanity and a flagrant violation of human rights;

 4.   Further strongly condemns the war launched by the Israeli army against Palestinian towns and camps, which has resulted so far in the death of hundreds of Palestinian civilians, including women and children;

 5.  Strongly condemns anew the practice of “liquidation” or “extrajudicial executions” carried out by the Israeli army against Palestinians, a practice which not only constitutes a violation of human rights norms and a flagrant violation of article 3 of the Universal Declaration of Human Rights and of the rule of law, but which is also damaging for the relationship between the parties and therefore constitutes an obstacle to peace, and urges the Government of Israel to respect international law and to cease this practice immediately;

 6.   Also strongly condemns once again the establishment of Israeli settlements and other related activities in the occupied Palestinian territory, including East Jerusalem, such as the construction of new settlements and the expansion of the already existing ones, the expropriation of lands, the biased administration of water resources and the construction of bypass roads, all of which are not only violations of human rights and of international humanitarian law, especially article 49 of the Fourth Geneva Convention and Protocol I Additional to the Geneva Conventions of 12 August 1949 for the protection of victims of war, according to which such violations constitute war crimes, but are also major obstacles to peace, urges the Government of Israel to implement the relevant United Nations resolutions as well as the resolutions of the Commission on Human Rights relative to the Israeli settlements, and affirms that the dismantling of the Israeli settlements constitutes an essential factor for achieving a just, comprehensive and lasting peace in the region;

 7.  Condemns once again the expropriation of Palestinian homes in Jerusalem and Hebron, the revocation of identity cards of the citizens of East Jerusalem, the imposition of fabricated and exorbitant taxes with the aim of forcing the Palestinian citizens of Jerusalem, who cannot afford to pay these high taxes, out of their homes and out of their city, preparing in this way the path for the Judaization of Jerusalem, and calls upon the Government of Israel to put an end immediately to these practices;

 8.   Also condemns once again the use of torture against Palestinians during interrogation, as it constitutes a grave violation of the principles of international humanitarian law, and of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and is also a violation of article 5 of the Universal Declaration of Human Rights, and calls upon the Government of Israel to put an end immediately to such practices and to bring the perpetrators of these violations to trial;

 9.   Strongly condemnsonce more the offensives of the Israeli army of occupation against hospitals and sick persons and the use of Palestinian citizens as human shields during Israeli incursions into Palestinian areas;

 10.   Also strongly condemnsonce more the opening of fire by the Israeli army of occupation on ambulances and paramedical personnel and the practice of preventing ambulances and vehicles of the International Committee of the Red Cross from reaching the wounded and the dead in order to transport them to hospital, thus leaving the wounded bleeding to death in the streets;

 11.  Expresses its grave concernonce more at the deterioration of the human rights and humanitarian situation in the occupied Palestinian territory, and particularly at acts of mass killing perpetrated by the Israeli occupying authorities against the Palestinian people ;

 12.   Expresses its deep concernagain at the military siege imposed on the Palestinian territory and the isolation of Palestinian towns and villages from each other through the establishment of military roadblocks that are used as a trap to kill Palestinians, which contribute, together with other factors, to the acts of violence that have been prevailing in the region for two and a half years, calls upon the Government of Israel to immediately put an end to this practice and immediately lift its military siege of Palestinian towns and villages, and reaffirms that these collective punishments are prohibited under international law and constitute a grave violation of the provisions of the Fourth Geneva Convention and Protocol I Additional to the Geneva Conventions;

 13.   Expresses its grave concernonce again at the restriction of movement imposed on Chairman Yasser Arafat by the Israeli occupying authorities, in violation of articles 9 and 13 of the Universal Declaration of Human Rights;

 14.   Also expresses its deep concern once again at the massive arrests conducted by the Israeli occupying authorities against about 1,500 Palestinians, without trial and without any criminal charges having been brought against them, in violation of article 9 of the Universal Declaration of Human Rights and the provisions of the Fourth Geneva Convention in this respect;

 15.  Affirms anew that the demolition by the Israeli occupying forces of at least 30,000 Palestinian houses, facilities and property is a grave violation of articles 33 and 53 of the Fourth Geneva Convention and that levelling farmlands, uprooting trees and destroying the infrastructure of Palestinian society constitute grave violations of the provisions of international humanitarian law and a form of collective punishment against the Palestinian people;

 16.  Reaffirms that the Fourth Geneva Convention is applicable to the Palestinian territory occupied by Israel since 1967, including East Jerusalem, and considers any change in the geographical, demographic and institutional status of the city of East Jerusalem from its status prior to the June 1967 war to be illegal and void;

 17.   Calls once again upon Israel, the occupying Power, to desist from all forms of violation of human rights in the occupied Palestinian territory, including East Jerusalem, and other occupied Arab territories and to respect the principles of international law and international humanitarian law, the Universal Declaration of Human Rights, its international commitments and the agreements it signed with the Palestine Liberation Organization;

  18.   Also calls once againupon Israel to withdraw from the Palestinian territory, including East Jerusalem, occupied since 1967, in accordance with the relevant resolutions of the United Nations and the Commission on Human Rights, as a basic condition for achieving a just, lasting and comprehensive peace in the Middle East;

 19.  Calls upon the relevant United Nations organs urgently to consider the best ways to provide the necessary international protection for the Palestinian people until the cessation of the Israeli occupation of its territory;

 20.  Requests the Secretary-General to bring the present resolution to the attention of the Government of Israel and all other Governments, the competent United Nations organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations, to disseminate it on the widest possible scale and to report on its implementation by the Government of Israel to the Commission on Human Rights at its sixtieth session;

 21.  Also requests the Secretary-General to provide the Commission with all United Nations reports issued between the sessions of the Commission that deal with the conditions in which the citizens of the Palestinian and other occupied Arab territories are living under the Israeli occupation;

 22.  Decides to consider this question at its sixtieth session under the same agenda item, as a matter of high priority.

48th meeting
15 April 2003
[Adopted by a recorded vote of 33 votes to 5,
with 15 abstentions. See chap. VIII.]

2003/7. Israeli settlements in the occupied Arab territories

  The Commission on Human Rights,

 Reaffirming that all States have an obligation to promote and protect human rights and fundamental freedoms, as stated in the Charter of the United Nations and as elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable instruments,

 Mindful that Israel is a party to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable de jure to Palestinian and all Arab territories occupied by Israel since 1967, including East Jerusalem, and recalling the declaration adopted by the Conference of High Contracting Parties to the Fourth Geneva Convention, held in Geneva on 5 December 2001,

 Recalling its previous resolutions, most recently resolution 2002/7 of 12 April 2002, and taking note of General Assembly resolution 57/126 of 11 December 2002, in which, inter alia, the illegality of the Israeli settlements in the occupied territories was reaffirmed,

 Expressing its concern that continuing Israeli settlement activity undermines the realization of a two-State solution to the conflict, and therefore threatens the long-term security of Palestinians as well as Israelis,

 Expressing its concern also regarding the security threats related to the presence of the settlements in the occupied territories, as expressed in the report of the Sharm el-Sheikh Fact-Finding Committee (the Mitchell Report),

 1.  Welcomes the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (E/CN.4/2003/30 and Add.1) and calls upon the Government of Israel to cooperate with the Special Rapporteur to allow him fully to discharge his mandate;

 2.   Expresses its grave concern at:

 (a)   The continuation, at an escalated level, of the Israeli-Palestinian conflict, which has led to a seemingly endless spiral of hatred and violence and to increased suffering for both Israelis and Palestinians;

 (b)   The continuing Israeli settlement activities, including the illegal installation of settlers in the occupied territories and related activities, such as the expansion of settlements, the expropriation of land, the demolition of houses, the confiscation and destruction of property, the expulsion of Palestinians and the construction of bypass roads, which change the physical character and demographic composition of the occupied territories, including East Jerusalem, and constitute a violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War; settlements are a major obstacle to peace and to the creation of an independent, viable, sovereign and democratic Palestinian State in accordance with Security Council resolution 1397 (2002) of 12 March 2002;

 (c)   And strongly condemns all acts of violence, including indiscriminate terrorist attacks killing and injuring civilians, provocation, incitement and destruction ;

 (d)   The closures of and within the Palestinian territories and the restriction of the freedom of movement of the Palestinians, including the extensive curfews imposed on the West Bank cities for long periods of time, which contribute, together with other factors, to the intolerable level of violence that has been prevailing in the zone for more than two years, have caused an extremely precarious humanitarian situation for the civilian population and have a negative impact on the enjoyment of economic and social rights in the Palestinian territories, affecting in particular the most vulnerable groups of the population;

 (e )   The construction of the so-called security fence in the Palestinian territories, including in and around East Jerusalem;

 3.  Urges the Government of Israel:

 (a)   To comply fully with the previous Commission resolutions on the subject, most recently resolution 2002/7;

 (b)   To reverse its settlement policy in the occupied territories, including East Jerusalem, and, as a first step towards their dismantlement, to stop immediately the expansion of existing settlements, including “natural growth” and related activities;

 (c)   To prevent any new installation of settlers in the occupied territories;

 (d)   To stop the construction of the so-called security fence in the Palestinian territories, including in and around East Jerusalem, and other illegal activities, such as confiscation of land or demolition of houses, that it entails;

 (e)   To implement the recommendations regarding the settlements made by the United Nations High Commissioner for Human Rights in her report to the Commission at its fifty-seventh session on her visit to the occupied Palestinian territories, Israel, Egypt and Jordan (E/CN.4/2001/114);

 (f)   To take and implement serious measures, including confiscation of arms and enforcement of criminal sanctions, with the aim of preventing illegal acts of violence by Israeli settlers, and other measures to guarantee the safety and protection of the Palestinian civilians in the occupied territories;

 4.  Urges the parties to cooperate in the early and unconditional implementation, without modifications, of the “road map” endorsed by the “ Quartet”^* with the aim of resuming negotiations on a political settlement, which is in accordance with the resolutions of the Security Council and other relevant United Nations resolutions, the principles of the Peace Conference on the Middle East, held in Madrid on 30 October 1991, the Oslo Accords and subsequent agreements, which will allow two States, Israel and Palestine, to live in peace and security and play their full part in the region;

 5.  Decides to continue its consideration of this question at its sixtieth session.

48th meeting
15 April 2003
[Adopted by a recorded vote of 50 votes to 1,
with 2 abstentions. See chap. VIII.]

2003/8. Human rights situation of the Lebanese detainees in Israel 

  The Commission on Human Rights,

 Recalling the report of the Secretary-General on the implementation of Security Council resolutions 425 (1978) and 426 (1978) of 19 March 1978 (S/2000/460), in particular paragraphs 7, 8, 12, 14, 16, 17, 21 and 48, endorsed by the Council (S/PRST/2000/18),

  Taking into consideration Security Council resolutions 1391 (2002) of 28 January 2002, in particular paragraph 11, and 1461 (2003) of 30 January 2003, in particular paragraph 10, in which the Council stressed the necessity to provide the Government of Lebanon and the United Nations Interim Force in Lebanon with any additional maps and records on the location of mines,

 Gravely concerned at the persistent violation by Israel of the principles of international law regarding the protection of human rights, in particular those contained in the Universal Declaration of Human Rights, as well as the grave violation of the relevant provisions of international humanitarian law contained in the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the Additional Protocols to the Geneva Conventions of 1977,

 Censuring breaches by Israel of the sovereignty and territorial integrity of Lebanon,

 Hoping that the efforts to implement the Security Council resolutions on the occupied Arab territories, including resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, and to achieve peace in the Middle East will put an end to the violations of human rights being committed by Israel and that the peace negotiations will be resumed and conducted with a view to reaching a just and comprehensive peace in the region,

 Gravely concerned about the hundreds of thousands of landmines left behind by Israel in southern Lebanon, which have so far caused hundreds of deaths and injuries to civilians, including women and children,

 Deploring the failure of the Government of Israel to submit all the maps showing the deployment of those landmines,

 Condemning the persistent detention, ill-treatment and torture by Israel of many Lebanese civilians who were abducted and detained in Lebanon and subsequently transferred to prisons in Israel,

 Expressing its indignation at the ruling handed down on 4 March 1998 by the Supreme Court of Israel permitting the Israeli authorities to retain Lebanese detainees in Israeli prisons without trial and to hold them as hostages and for bargaining purposes and the recent renewal of their incommunicado detention, which constitutes a flagrant violation of the principles of human rights,

 Reaffirming its resolutions 2001/10 of 18 April 2001 and 2002/10 of 19 April 2002, and expressing its deep regret at the failure of the Government of Israel to implement those resolutions fully,

 1.  Calls upon the Government of Israel to comply with the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto;

 2.  Also calls upon the Government of Israel to refrain from holding the detained Lebanese citizens incarcerated in its prisons as hostages for bargaining purposes and to release them immediately, in compliance with all the Geneva Conventions and other provisions of international law;

 3.  Affirms the obligation of Israel to commit itself to allowing the International Committee of the Red Cross to visit the detainees regularly, as well as to allowing other international humanitarian organizations to do so and to verify their sanitary and humanitarian conditions and, in particular, the circumstances of their detention;

 4.  Calls upon the Government of Israel to submit to the United Nations Interim Force in Lebanon all the maps of the landmine fields laid throughout the civilian villages, fields and farms, causing casualties among civilians, including children and women, and obstructing the resumption of normal life in the area;

 5.  Requests the Secretary-General:

 (a)   To bring the present resolution to the attention of the Government of Israel and to call upon it to comply with its provisions;

 (b)   To report to the General Assembly at its fifty-eighth session and to the Commission at its sixtieth session on the results of his efforts in this regard ;

 6.  Decides to continue its consideration of the situation of the Lebanese detainees at its sixtieth session.

50th meeting
16 April 2003
[Adopted by a recorded vote of 32 votes to 1,
with 20 abstentions. See chap. IX.]

/…

114.   The Commission considered agenda item 8 at its 19th meeting, on 27 March, at its 21st meeting, on 28 March, at its 22nd and 23rd meetings, on 31 March, and at its 48th meeting, on 15 April 2003. ¹ 

115.   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.

116.   At the 19th meeting, on 27 March 2003, Mr. John Dugard, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, introduced his report (E/CN.4/2003/30 and Add.1). During the interactive dialogue the representatives of Algeria, the Syrian Arab Republic and the United States of America, as well as the observers for Greece, Israel, Palestine and Switzerland, addressed questions to the Special Rapporteur, to which he responded.

117.   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.

¹Summary records of each of the meetings are subject to correction.  They are considered final with the issuance of a consolidated corrigendum (E/CN.4/2003/SR.1-63/Corrigendum).

Human rights in the occupied Syrian Golan

118.   At its 48th meeting, on 15 April 2003, the representative of the Syrian Arab Republic introduced draft resolution E/CN.4/2003/L.3, sponsored by Algeria, Bahrain, Cuba, the Democratic People’s Republic of Korea, Egypt, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, the Sudan, Syrian Arab Republic, Tunisia, the United Arab Emirates, Yemen and Zimbabwe. Indonesia and Togo subsequently joined the sponsors and the Libyan Arab Jamahiriya withdrew as sponsor.

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

120.   Statements in explanation of vote before the vote were made by the representatives of Canada, Guatemala and the United States of America.

121.   At the request of the representative of the United States of America, a recorded vote was taken on the draft resolution, which was adopted by 31 votes to 1, with 21 abstentions. The voting was as follows:

In favour:   Algeria, Argentina, Armenia, Bahrain, Brazil, Chile, China, Cuba, Democratic Republic of the Congo, Gabon, India, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Pakistan, Paraguay, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Togo, Uganda, Venezuela, Viet Nam, Zimbabwe.

Against:   United States of America.

Abstaining:   Australia, Austria, Belgium, Burkina Faso, Cameroon, Canada, Costa Rica, Croatia, France, Germany, Guatemala, Ireland, Japan, Peru, Poland, Republic of Korea, Sweden, Thailand, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay.

122.   A statement in explanation of vote after the vote was made by the representatives of Brazil and Ireland (on behalf of States members of the European Union that are members of the Commission – Austria, Belgium, France, Germany, Sweden and the United Kingdom of Great Britain and Northern Ireland; the acceding country which is a member of the Commission – Poland – aligned itself with the statement).

123.   For the text of the resolution as adopted, see chapter II, section A, resolution 2003/5.

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

124.   Also at the 48th meeting, the representative of Pakistan (on behalf of the Organization of the Islamic Conference) introduced draft resolution E/CN.4/2003/L.12, sponsored by Algeria, Bahrain, Bangladesh, China, Cuba, Egypt, Kuwait, Lebanon, Mauritania, Morocco, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, South Africa, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates, Viet Nam, Yemen and Zimbabwe. Indonesia, Jordan, Malaysia and Togo subsequently joined the sponsors.

125.   Statements in connection with the draft resolution were made by the observers for Israel and Palestine.

126.  Statements in explanation of vote before the vote were made by the representatives of Canada, Guatemala and the United States of America.

127.   At the request of the representative of the United States of America, a recorded vote was taken on the draft resolution, which was adopted by 33 votes to 5, with 15 abstentions. The voting was as follows:

In favour:   Algeria, Argentina, Armenia, Bahrain, Brazil, Burkina Faso, Chile, China, Cuba, Democratic Republic of the Congo, Gabon, India, Kenya, Libyan Arab Jamahiriya, Malaysia, Pakistan, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sri Lanka, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Ukraine, Venezuela, Viet Nam, Zimbabwe.

Against:   Australia, Canada, Germany, Peru, United States of America.

Abstaining:   Austria, Belgium, Cameroon, Costa Rica, Croatia, France, Guatemala, Ireland, Japan, Mexico, Paraguay, Poland, Sweden, United Kingdom of Great Britain and Northern Ireland, Uruguay.

128.  Statements in explanation of vote after the vote were made by the representatives of Argentina and Ireland (on behalf of States members of the European Union that are members of the Commission – Austria, Belgium, France, Germany, Sweden and the United Kingdom of Great Britain and Northern Ireland; the acceding country which is a member of the Commission – Poland – aligned itself with the statement).

129.   For the text of the resolution as adopted, see chapter II, section A, resolution 2003/6.

Israeli settlements in the occupied Arab territories

130.   At the same meeting, the observer for Greece (on behalf of the European Union) introduced draft resolution E/CN.4/2003/L.18, sponsored by Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland and the United Kingdom of Great Britain and Northern Ireland. Andorra, Cyprus, Egypt, Estonia, Hungary, Japan, Jordan, Norway, Latvia, Slovakia, Slovenia and Turkey subsequently joined the sponsors.

131.   Statements in connection with the draft resolution were made by the observers for Israel and Palestine.

132.  A statement in explanation of vote before the vote was made by the representatives of Algeria, Australia, Canada and the United States of America.

133.   At the request of the representative of the United States of America, a recorded vote was taken on the draft resolution, which was adopted by 50 votes to 1, with 2 abstentions. The voting was as follows:

In favour:   Algeria, Argentina, Armenia, Austria, Bahrain, Belgium, Brazil, Burkina Faso, Cameroon, Canada, Chile, China, Croatia, Cuba, Democratic Republic of the Congo, France, Gabon, Germany, Guatemala, India, Ireland, Japan, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Pakistan, Paraguay, Peru, Poland, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sri Lanka, Sudan, Swaziland, Sweden, Syrian Arab Republic, Thailand, Togo, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela, Viet Nam, Zimbabwe.

Against:   United States of America.

Abstaining:  Australia, Costa Rica.

134.   A statement in explanation of vote after the vote was made by the representative of the Syrian Arab Republic.

135.   For the text of the resolution as adopted, see chapter II, section A, resolution 2003/7.

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