Human Rights Council adopts five texts on Palestine and other OATs – HRC 25th session – Press release (excerpts)

HUMAN RIGHTS COUNCIL ADOPTS 14 TEXTS AND CLOSES TWENTY-FIFTH REGULAR SESSION

Extends Mandates on Racism and on Mali, Adopts Five Texts on Palestine and Other Occupied Arab Territories, Appoints Member of Advisory Committee

28 March 2014

The Human Rights Council this afternoon adopted 12 resolutions and two Presidential Statements, appointed a member of Human Rights Council Advisory Committee, postponed the naming of 19 special procedure mandate holders, adopted the report of the session ad referendum, and then closed its twenty-fifth regular session.

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Concerning the human rights situation in Palestine and other occupied Arab territories, the Council adopted by a vote of 46 in favour and 1 against, four resolutions: on the right of the Palestinian people to self-determination; on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan; on the human rights situation in Occupied Palestinian Territory, including East Jerusalem; and on follow-up to the report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict. The Council also adopted, under the same agenda item, the resolution on human rights in the occupied Syrian Golan, by a vote of 33 in favour, 1 against and 13 abstentions.

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Action on Resolutions under Agenda Item on the Human Rights Situation in Palestine and Other Occupied Arab Territories

Action on Resolution on the Right of the Palestinian People to Self-Determination

In a resolution (A/HRC/25/L.36) on the right of the Palestinian people to self-determination, adopted by a vote of 46 in favour, 1 against and no abstentions, the Council reaffirms the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to live in freedom, justice and dignity, and to establish their sovereign, independent, democratic and viable contiguous State; also reaffirms its support for the solution of two States, Palestine and Israel, living side by side in peace and security; stresses the need for respect for and preservation of the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory, including East Jerusalem; urges all Member States and relevant bodies of the United Nations system to support and assist the Palestinian people in the early realization of their right to self-determination.

The results of the vote were as follows:

In favour (46): Algeria, Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, China, Congo, Costa Rica, Côte d’Ivoire, Cuba, Czech Republic, Estonia, Ethiopia, France, Gabon, Germany, India, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Montenegro, Morocco, Namibia, Pakistan, Peru, Philippines, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, The former Yugoslav Republic of Macedonia, United Arab Emirates, United Kingdom, Venezuela, and Viet Nam.

Against (1): United States of America.

Abstentions (0):

Pakistan, introducing draft resolution L.36 on the right of the Palestinian people to self-determination, said that the realization of the right to self-determination was an essential condition to guarantee the observance and promotion and protection of individual human rights. The resolution focused on the unquestionable right of self-determination of the Palestinian people, granted to them by the United Nations Charter, international law, relevant human rights instruments and United Nations resolutions. It also reaffirmed its support for the solution of two States, Palestine and Israel, living side by side in peace and security. The draft text stressed the need for the respect for and preservation of the territorial unity, contiguity and integrity of all the Occupied Palestinian territory, including East Jerusalem, and urged the international community to support and assist the Palestinian people in the early realization of their right to self-determination. It contained facts, recognized, acknowledged and cherished by the international community. Due to the universal character of this right and its continued and wide applicability to numerous situations in the world, in particular to the Palestinian people, it was hoped that the resolution would be adopted by consensus.

Venezuela, speaking in a general comment, expressed its complete support for this resolution. The Palestinians were deprived of their right to fully enjoy their lands by Israel. This Council could not remain indifferent to the situation of the Palestinians, and had to address the question of ethnic cleansing in the Occupied Palestinian Territory. Venezuela called on Israel to implement United Nations resolutions on this matter.

Palestine, speaking as a concerned country, expressed its appreciation to those who supported this resolution and who worked to reach consensus on this matter. Israel wanted to continue its occupation, but Palestine would continue to resist this situation. There were daily acts of provocation that would lead to further bloodshed in the region. Palestine’s ambition was to reach a two-State solution, and this was illustrated in the resolution. Israeli authorities did not want any of this, and would like to continue their settlement policies. It seemed that the Israel leadership was trying to create another Montevideo agreement. Israel had flooded all international human rights and humanitarian instruments on a daily basis since its creation. Israeli settlers committed daily abuses against religious sites. Palestine hoped that the recommendations in the Goldstone report would be implemented. Palestine rejected allegations of anti-Semitism by Israel.

United States, in an explanation of the vote before the vote, said that the time, effort and resources that the United States had devoted to try and forge peace in the Middle East underscored its deep concern both for Palestinians and Israelis. The status quo was not sustainable. It was deeply troubled to be presented with one-sided resolutions, which pre-supposed the outcome of final status issues which could only be resolved through direct negotiation between the parties. The United States was troubled by the Council’s stand-alone agenda against Israel. All parties to the conflict had direct responsibility for ending the conflict. The United States called for a vote on the resolution and each resolution under agenda item 7.

Action on Resolution on Israeli Settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the Occupied Syrian Golan

In a resolution (A/HRC/25/L.37/Rev.1) on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, adopted by a vote of 46 in favour, 1 against and no abstentions, the Council demands that Israel, the occupying Power, immediately and completely cease all of its settlement activities in all of the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls in this regard for the full implementation of all relevant resolutions of the Security Council; condemns the continuing settlement and related activities by Israel; also condemns the recent Israeli announcements of the construction of new housing units for Israeli settlers in the West Bank and around occupied East Jerusalem and calls upon the Government of Israel to immediately reverse its decisions; requests the United Nations High Commissioner for Human Rights to present a report detailing the implementation of the recommendations contained in the report of the independent fact-finding mission on the implications of Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian People throughout the Occupied Palestinian Territory, including East Jerusalem, to the Human Rights Council at its twenty-eighth session; requests the Secretary-General to report on the implementation of the present resolution at its twenty-eighth session.

The results of the vote were as follows:

In favour (46): Algeria, Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, China, Congo, Costa Rica, Côte d’Ivoire, Cuba, Czech Republic, Estonia, Ethiopia, France, Gabon, Germany, India, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Montenegro, Morocco, Namibia, Pakistan, Peru, Philippines, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, The former Yugoslav Republic of Macedonia, United Arab Emirates, United Kingdom, Venezuela, and Viet Nam.

Against (1): United States of America.

Abstentions (0):
Pakistan, presenting draft resolution L.37/Rev.1, on Israeli settlements in Occupied Palestinian Territories, including East Jerusalem, and in the Occupied Syrian Golan, said that this resolution sought to address the human rights and humanitarian situations in occupied territories, including East Jerusalem, and reaffirmed that Israeli settlements were illegal and constituted a threat to peace and stability. Pakistan hoped that the Council would adopt this resolution by consensus.

Syria, speaking as a concerned country, said that it would make a longer statement before the adoption of draft resolution L.40.

Italy, speaking on behalf of the European Union in an explanation of the vote before the vote, thanked the Mission of Palestine for its constructive negotiations. However, it clarified that the European Union had not expressed itself on the use of certain legal terms in this and other resolutions including ‘forced displacement’, ‘forcible transfer’ and ‘peremptory norms’. It was also of the view that nothing in these resolutions could be understood as going beyond the United Nations Guiding Principles on Business and Human Rights as endorsed by consensus in the Council. With this understanding, it supported the resolution.

United States, in an explanation of the vote before the vote, said that for the reasons stated in its previous statement, it called for a vote.

Action on Resolution on the Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem

In a resolution (A/HRC/25/L.38/Rev.1) on the human rights situation in Occupied Palestinian Territory, including East Jerusalem, adopted by a vote of 46 in favour, 1 against and no abstentions, the Council demands that Israel, the occupying Power, cease all practices and actions that violate the human rights of the Palestinian people and cease its imposition of prolonged closures and economic and movement restrictions, including those amounting to a blockade on the Gaza Strip, and, in this regard, calls upon Israel to implement fully the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing; deplores the illegal Israeli actions in Occupied East Jerusalem, including home demolitions, evictions of Palestinian residents, excavations in and around religious and historic sites, and all other unilateral measures aimed at altering the character, status and demographic composition of the city and of the Territory as a whole; expresses serious concern at the Citizenship and Entry into Israel Law which suspends the possibility, with certain rare exceptions, of family reunification between an Israeli citizen and a person residing in the Occupied Palestinian Territory, including East Jerusalem, thus adversely affecting the lives of many families; urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socioeconomic and humanitarian situation, particularly in the Gaza Strip; and requests the Secretary-General to report on the implementation of the present resolution to the Human Rights Council at its twenty-eighth session.

The results of the vote were as follows:

In favour (46): Algeria, Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, China, Congo, Costa Rica, Côte d’Ivoire, Cuba, Czech Republic, Estonia, Ethiopia, France, Gabon, Germany, India, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Montenegro, Morocco, Namibia, Pakistan, Peru, Philippines, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, The former Yugoslav Republic of Macedonia, United Arab Emirates, United Kingdom, Venezuela, and Viet Nam.

Against (1): United States of America.

Abstentions (0):

Pakistan, introducing draft resolution L.38/Rev.1 on the human rights situation in the Occupied Palestinian Territories, including East Jerusalem, said that the resolution expressed concerns at the continuing violations of the human rights of the Palestinian people by Israel, including the excessive use of force by Israel. The resolution stressed the need to end immediately the closure of the Gaza Strip and to respect the right of Palestinians to freedom of movement. It called upon Israel to cease all human rights violations against the Palestinians and all measures and actions taken in breach of international humanitarian law, including killing of civilians, arbitrary detention and destruction and confiscation of civilian property.

Action on Resolution on Follow-up to the Report of the United Nations Independent International Fact-finding Mission on the Gaza Conflict

In a resolution (A/HRC/25/L.39) on follow-up to the report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict, adopted by a vote of 46 in favour, 1 against and no abstentions, the Council renews its recommendation that the General Assembly remain apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations contained in the report of the Independent International Fact-Finding Mission on the Gaza Conflict is taken at the domestic or international level in order to ensure justice for victims and accountability for perpetrators, and to remain also ready to consider whether additional action within its powers is required in the interests of justice; and decides to remain seized of the matter.

The results of the vote were as follows:

In favour (46): Algeria, Argentina, Austria, Benin, Botswana, Brazil, Burkina Faso, Chile, China, Congo, Costa Rica, Côte d’Ivoire, Cuba, Czech Republic, Estonia, Ethiopia, France, Gabon, Germany, India, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Montenegro, Morocco, Namibia, Pakistan, Peru, Philippines, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, The former Yugoslav Republic of Macedonia, United Arab Emirates, United Kingdom, Venezuela, and Viet Nam.

Against (1): United States of America.

Abstentions (0):

Pakistan, introducing draft resolution L.39 on follow-up to the report of the United Nations Independent International Fact-Finding Mission on the Gaza conflict, said the international community strongly condemned the aggression launched by Israel in 2009 in the occupied Gaza Strip. Subsequently, the Human Rights Council held two special sessions on the subject and fully endorsed the report and recommendations contained in the report of the United Nations International Fact-Finding Mission on the Gaza conflict. The report asked for a series of actions which needed serious and consistent follow-up by the United Nations system. This resolution sought to address this important purpose. The draft resolution recommended that the General Assembly remained apprised of the matter until it was satisfied that appropriate action with regard to implementing the recommendations contained in the report of the Fact-Finding Mission was taken at the domestic or international level in order to ensure justice for victims and accountability for perpetrators. It was hoped that Member States would join the consensus on the resolution.

Action on Resolution on Human Rights in the Occupied Syrian Golan

In a resolution (A/HRC/25/L.40) on human rights in the occupied Syrian Golan, adopted by a vote of 33 in favour, 1 against and 13 abstentions, the Council calls upon Israel to desist from its continuous building of settlements, and from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan; calls upon Israel to allow the Syrian population of occupied Syrian Golan to visit their families and relatives in the Syrian motherland through the Quneitra checkpoint; also calls upon Israel to release immediately the Syrian detainees in Israeli prisons, some of whom have been detained for more than 27 years; further calls upon Israel, in this connection, to allow delegates of the International Committee of the Red Cross to visit Syrian prisoners of conscience and detainees in Israeli prisons; determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, are null and void and have no legal effect; and requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, specialized agencies, international and regional intergovernmental organizations and international humanitarian organizations to disseminate it as widely as possible and to report on this matter to the Human Rights Council at its twenty-eighth session.

The results of the vote were as follows:

In favour (33): Algeria, Argentina, Benin, Botswana, Brazil, Burkina Faso, Chile, China, Congo, Costa Rica, Côte d’Ivoire, Cuba, Ethiopia, Gabon, India, Indonesia, Kazakhstan, Kenya, Kuwait, Maldives, Mexico, Morocco, Namibia, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Sierra Leone, South Africa, United Arab Emirates, Venezuela, and Viet Nam.

Against (1): United States of America.

Abstentions (13): Austria, Czech Republic, Estonia, France, Germany, Ireland, Italy, Japan, Montenegro, Republic of Korea, Romania, The former Yugoslav Republic of Macedonia, and United Kingdom.

Pakistan, introducing draft resolution L.40 on the human rights situation in the Occupied Syrian Golan, said that Israel had committed grave human rights violations in the Syrian Golan since the beginning of the occupation. Pakistan strongly believed that a strong message had to be sent by the Human Rights Council with regards to the situation in the Occupied Syrian Golan. Pakistan hoped that this resolution could be accepted by consensus.

Syria, speaking as a concerned country, regretted that Israel had continued the settlement and Judaization process in the Occupied Golan in violation of United Nations resolutions. Israel had perpetrated violations of international humanitarian law and international human rights law, including the right to education, and was preventing family members from visiting each other. The only way of achieving peace was for Israel to implement the relevant resolutions and withdraw from the occupied territories. The fact that the situation was permanently on the Council’s agenda was absolutely necessary and appropriate.

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For use of the information media; not an official record

HRC14/056E