Human Rights Council concludes ninth regular session – Adopts resolution on human rights situation in Palestine, other occupied territories – Press release (excerpts)

HUMAN RIGHTS COUNCIL ADOPTS FIVE TEXTS, EXTENDS MANDATES

OF SPECIAL PROCEDURES ON SUDAN AND BURUNDI

Council Concludes Ninth Regular Session

The Human Rights Council this afternoon adopted five texts before concluding its ninth regular session. …

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On the follow-up to the resolution S-3/1: human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory and the assault on Beit Hanoun, the Council called upon all concerned parties to ensure their full and immediate implementation of the recommendations of the fact-finding mission.

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Action on Resolution under Human Rights Situation in Palestine and Other Occupied Arab Territories

Action on Resolution on Follow-Up to Resolution S-3/1 on Assault on Beit Hanoun

In a resolution (A/HRC/9/L.8) on Follow-up to Resolution S-3/1: Human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory and the assault on Beit Hanoun, adopted by a vote of 32 in favour, 9 against, and 5 abstentions, as orally revised, the Council welcomes the report of the high-level fact-finding mission on Beit Hanoun (A/HRC/9/26) and calls upon all concerned parties to ensure their full and immediate implementation of the recommendations of the fact-finding mission contained in its report. The Council also recommends that the General Assembly consider the report with the participation of the members of the mission; regrets the delay in the fulfilment of the mission owing to the non-cooperation of Israel, the occupying Power; calls upon Israel, the occupying Power, to abide by its obligations under international law, international humanitarian law and international human rights law. The Council further requests the Secretary-General to report to the Council at its next session on the implementation of the recommendations contained in the report of the mission.

The result of the vote was as follows:

In favour (32):Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Brazil, Burkina Faso, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Malaysia, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Uruguay and Zambia.

Against (9):Canada, France, Germany, Italy, Japan, Netherlands, Slovakia, Slovenia and United Kingdom.

Abstentions (5):Bosnia and Herzegovina, Cameroon, Republic of Korea, Switzerland and Ukraine.

TEHMINA JANJUA (Pakistan), speaking on behalf the Organization of the Islamic Conference, the African Group and the Arab Group, introducing the resolution on human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territories and the assaults on Beit Hanoun, welcomed the report presented by Archbishop Desmond Tutu and Professor Christine Chinkin. The resolution focused on the report presented by the high-level panel, namely the implementation of the recommendations set forth in the report. The Organization of the Islamic Conference, the African Group and the Arab Group, hoped that in dealing with this grave situation which was appalling and illegal, the Human Rights Council Members would respond to the call of conscience and rise above geopolitical and ideological orientations.

BOUDEWIJN J. VAN EENENNAAM (Netherlands), speaking on behalf of France, Germany, Italy, Slovakia, and the United Kingdom, said that they took note of the resolution on human rights violations emanating from Israeli military incursions in the Occupied Palestinian Territory and the assault on Beit Hanoun and thanked the authors for the report.

The countries regretted that there had been no open-ended consultation on the draft resolution, which would have allowed for a frank and open discussion and exchange of ideas. They were not in a position to "endorse" the recommendations nor to "ensure" their implementation. They could not subscribe to the idea that the international community had failed to uphold the international humanitarian law and international human rights law in the Occupied Palestinian Territories. They were firmly committed to the peace process and the respect of international humanitarian law in the region. Although they acknowledged that the report did go into the responsibilities of all parties, they regretted that the draft resolution was seriously unbalanced. All parties should respect their obligations under international law and international humanitarian law.

The resolution suggested a follow up to the report by the Secretary-General and the General Assembly, which they found inappropriate, as the said regrettable events had already led to a fact finding mission. For those reasons the Netherlands, France, Germany, Italy, Slovakia, and the United Kingdom called for a vote on the draft resolution and would vote against it.

MARIUS GRINIUS (Canada) regretted that this resolution did not take into account all responsibilities of all concerned parties. The follow-up to the resolution did not change the fundamentally flawed nature of the original resolution.

HISHAM BADR (Egypt), in an explanation of the vote after the vote, said the resolution was not an ordinary one and that the report was an extraordinary report. It was prepared by Archbishop Desmond Tutu whose moral authority was unquestionable. He had unveiled to the international community the crimes committed in Beit Hanoun. It was a sad day that some members of the Council refused to accept the resolution.

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For use of the information media; not an official record