Human rights situation in the OT – CHR meeting – Press release (excerpts)

HUMAN RIGHTS COMMISSION TAKES UP SITUATION IN OCCUPIED ARAB TERRITORIES,

INCLUDING PALESTINE; CONCLUDES DEBATE ON RIGHT TO DEVELOPMENT

Special Rapporteur on Occupied Palestinian Territories Introduces Report

(Reissued as received.)

GENEVA,  31 March  (UN Information Service)  —  The Commission  on Human Rights this  morning started  its  consideration of the question of the violation of human rights in  the  occupied  Arab territories, including Palestine.  Speakers expressed  grave  concern  that the  Middle East  peace process had come to a standstill,  and urged all parties in the conflict to respect human rights.

The  Special  Rapporteur  on  the situation  of human rights in the Palestinian territories occupied  since 1967,  Hannu Halinen, spoke of the grave consequences of the persisting foreign  occupation for the respect of human rights, and its effects, notably upon Palestinian children.

A Palestinian delegate addressed the Commission, deploring  Israel's military occupation as a flagrant violation of human rights.  The very lives of the Palestinian  people were threatened daily  due to the policies of the Israeli Government which  was persisting in reviving a system of apartheid.

An Israeli delegate said the Special Rapporteur's report was one-sided and did not detail the violations of human rights that occurred in the Palestinian territories.   No  progress on the peace process could happen until the Palestinian Authority respected the  agreements it had made with Israel.

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When it reconvenes at 3 p.m. this afternoon, the Commission will  continue its consideration of  the question of the violation of human rights in  the occupied  Arab territories, including  Palestine.  It might also start its discussion on the question of the  violation of human rights and fundamental freedoms in any part of the world.

Human Rights Violations in Occupied Territories, Including Palestine

Under the agenda item on question of the violation of human rights in  the occupied Arab territories, including Palestine, the Commission had before it a series of documents, including  a report on  the situation  in  the occupied territories (E/CN.4/1999/24) submitted by Special Rapporteur  Hannu Halinen, which remarks, among other things, that "the Government of Israel, regrettably,  still refuses  to  cooperate  with the United Nations human rights mechanisms"; that expansion of Israeli settlements  in the territories and demolition of Palestinian homes are causes of  mounting concern;  that strict closure of the occupied territories as a form of collective  punishment have been implemented to a lesser degree than in the past, but still  occur;  that  Israel's High Court of Justice "has not pronounced itself regarding the legality of interrogation  methods which amount to torture, but has lifted interim  injunctions prohibiting torture with  regard to specific cases"; that "Palestinians detained by the Palestinian Authority are often, in the course of interrogation,  subjected to  torture"; and that  throughout the region "sustainable  peace cannot be achieved without respect for human rights".

There were two letters  from the Permanent Observer for Palestine to  the United  Nations Office at Geneva protesting expansion of the municipal boundaries  of  Jerusalem  to the occupied West Bank  (E/CN.4/1999/5) and destruction of Palestinian-owned houses in Jerusalem (E/CN.4/1999/108).

There was a letter from the Permanent Representative of Syria (E/CN.4/1999/106)  charging that "Israeli occupation authorities are continuing their various aggressive  and inhuman practices on Syrian territory".

There were reports from the Secretary-General noting  that  resolutions passed by the Commission at its session last year relating to the  occupied territories  had been  disseminated as requested (E/CN.4/1999/21 and 22).  And a note from the Secretary- General (E/CN.4/1999/23) drew the Commission's attention to reports relating to the topic  of the occupied territories issued by the United Nations since the Commission's last session.

Statements

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HANNU HALINEN, Special Rapporteur on Palestinian territories  occupied since 1967,  introduced his report (E/CN.4/1999/24).  He said that human rights  should be integrated  into political and economic  discussions concerning the conflict.  The persisting foreign  occupation of the Palestinian territories and its  grave consequences for the respect  for human rights was the reason the Special Rapporteur had asked the Commission to review his mandate.

The Special Rapporteur moved on to speak of torture.  The more extreme forms of  torture had been discontinued in the occupied territories, but this progress was not satisfactory.  Nor was the fate of children in these territories, since many were affected by malnutrition, health problems  due to restricted access to  treatment, child labour and lack of education.  The protracted tension of living under these conditions also led to anxieties and traumatic syndromes in children.  The international community  was already participating in many children's programmes, but more needed to be done.  It was the Special Rapporteur's wish that his report in its entirety could be a reference  in the search for peace, security  and respect for human rights in the Middle East.

NABIL RAMLAWI, observer for Palestine, said  the Israeli military occupation of Palestine was a  flagrant violation  of the  human rights  of Palestinians; torture continued and had  been legitimized by two decisions of the Israeli High Court of  Justice; arbitrary  detention  was still practised; and  in addition there  were confiscation of Palestinian  lands, construction  of bypass  roads, establishment  of Israeli  settlements, and collective punishments of Palestinians,  including through  closure of  the territory  and demolition of homes.  Israel also was engaged in emptying East Jerusalem of its inhabitants through various means — a kind of  ethnic cleansing.

In effect, Israel was practicing apartheid — it was  producing  a situation where Israeli settlers lived  privileged lives with  State support while  Palestinians were  reduced to the status of second-class persons.  Israel furthermore had reneged on international obligations contained in agreements signed with the Palestine Liberation  Organization in the framework of the peace process.  And it treated the Commission and  the United Nations with contempt by ignoring  resolutions  of the  Commission, Security  Council, and General Assembly.  Its human rights violations amounted at this point to crimes of war and crimes against the peace and security of mankind.

DAVID PELEG (Israel) said his Government regretted  that the  Commission continued to single it  out by allocating it a specific agenda item,  rather than  including  the issue  under  item 9.  Israel remained committed to creating an environment of peace,  stability and prosperity with its neighbours which  could only be achieved through   negotiation and conciliation.  However, the Palestinian Authority had not fulfilled its side of the bargain made under the Wye River Memorandum.  Until this happened, no  substantial progress could be made.  Israel supported the proposed change to the mandate of the Special Rapporteur, since the current mandate was anachronistic and did not take into account the negotiations that had taken place between Israel and the Palestine   Liberation Organization, nor did it take note of the fact that there were two sides  to the Middle East conflict.

Israel also felt the report lacked  methodology and  only presented one side of the  story, Mr. Peleg said.  It did not look at the full scope of the problem and did not refer to violations of human rights perpetrated by Palestinians  or   the  Palestinian  Authority,  which included frequent political and extra-judicial killings, arbitrary  arrests, detentions without  due process or  fair trials,  and abuse  and torture  of detainees.  Freedom of speech, freedom  of the press  and freedom of association  were habitually violated by the Palestinian Authority.  Discrimination against women and disabled persons was an ongoing state of affairs.

The issues mentioned by the Special Rapporteur should  be seen  in the context of Israel's responsibility to fight terrorism, and it was duty bound to protect the lives of all its  citizens, from that threat,  whether Jews or Arabs, whilst balancing this with the  States duty to respect  human rights, Mr. Peleg concluded.

WILHELM  HOYNCK (Germany), on behalf of the European Union, expressed concern that the Middle East peace process had stopped.  The European  Union called for the full implementation of what had  been agreed upon without any further delay  or conditions.   The Special Rapporteur on the  situation of human rights  in  the occupied  Palestinian  territories since 1967,  Hannu Halinen, had produced an excellent report  and the European Union subscribed to his assessment that the human rights  situation had  become hostage  to political considerations and expediencies.  Israel was urged to  cooperate fully and unconditionally with the Special Rapporteur and all parties, and to comply with the recommendations of his report.

Mr. Hoynck expressed concern over continued  Israeli use of torture during interrogations, over incommunicado detention, over demolition of Palestinian houses, over restrictions to movements, and over discriminatory  treatment of Palestinian Jerusalemites.   These actions were unacceptable, he said.  He also expressed concern  over human-rights violations by Palestinians and urged  the Palestinian Authority to ensure that Palestinian security  services strictly complied with international human   rights standards.  Torture was to be stopped immediately, and it was a matter of concern  that increasing  numbers were  being  held in  prolonged  detention without charges or trial.   All sides in the  Middle East should promote the rule of law and democracy.  The Oslo  Accords referred to the West Bank and Gaza as "a single  territorial  unit"  and  provided  for "safe  passages" between these  areas, Mr.  Hoynck pointed  out; however,  such movement was still inhibited by closure  of territories  by Israel  and by  bureaucratic permission procedures.  The European Union was strongly committed to improving the human rights situation in the  occupied territories as a means of promoting peace and economic prosperity, he said.

LEGWAILA LEGWAILA (Botswana) said the Special  Rapporteur's report  made discouraging reading.  Prospects for peace in the Middle  East had  been stifled again  and again.  The Wye River Memorandum was in a vegetative  state, a  victim of both  sides' lack of commitment to peace.  Israel had every  right  to exist  within  its  borders, but its  expansion  into the occupied  Palestinian territories — to create  facts on the ground and to make it even more difficult to achieve peace — should come to an end.

Mr. Legwaila  said  the conflict  between the two sides was fueled by unremitting paternalism on the Israeli side.  There could be no lasting peace without mutual respect.    There had to be recognition of the Palestinian people's  right to territory.  The two sides should return to the negotiating  table and should implement the already signed  peace agreements.

AKRAM ZAKI  (Pakistan)  said  the  situation  in  the  occupied  Arab and Palestinian territories presented  a sad  case  of  the violation  of human rights.  This was  due to Israel's reluctance  to fulfil  its side  of  the agreements signed.   The  Palestinian people had a  right to  their  land.  Israel's expulsion of inhabitants from these areas, and its change of  laws which were already  applicable, were a  source of concern.  Destruction of agriculture, refusal  to allow Palestinian  farmers to harvest,  destruction of infrastructure, discrimination in  employment opportunities, and excessive restriction of water  use were deliberate steps  by Israel to deny Palestinians their right to their land.

In addition, Israel continued to change the demographic composition  of Jerusalem  by  expelling Palestinians, Mr. Zaki went on to state.  The international community  needed to  remain closely  involved to  ensure that the peace process in the Middle East succeeded and to protect the  political rights of Palestinians and help them to  realize their inalienable right  to their own land.

NACER BENJELLOUNI-TOUIMI (Morocco) said  that peace  agreements signed  a few years ago had raised great hopes for the Middle  East based on the land-for-peace  concept.    But Israel had since refused to  abide by  these agreements and to observe the timetables  contained in  them.  Negotiating the agreements  had been long and hard,  and their  implementation now  was under great threat because of announced expansion of Israeli settlements in the occupied  territories.  These  were not the plans of a Government that intended to withdraw troops from the occupied lands.

Israel  daily continued to  build new  settlements and to extend existing ones; it continued to  confiscate more land and  to surrender land only when it  could confiscate  other, larger tracts.  Mr. Benjellouni-Touimi noted that Israeli practices violated  many international commitments signed  by  Israel  in the field  of human rights; in any  case Israel remained bound to the Geneva Conventions and should abide  by them if it wished to avoid a new spiral of violence.  There could  be no peace without justice and no security  at the expense of  Israel's neighbours — Israel had to understand that security was not the sole or paramount  concern in the region, and that the problems of the Middle East could not be resolved by focusing only on that issue.

MAXIME ZAFERA (Madagascar) said the Special Rapporteur's  report was  of great quality.   His efforts  were praiseworthy, but the  attentive study of the report caused grave concern since it shed additional light on the  state of the occupied territories and the  violations of human rights occurring in that region.

Israel, as the occupying Power, should  cease and desist these violations.  The  situation had  worsened since the signing of the peace  memorandum at Wye,  with allegations  of torture  and the  violation of the Fourth Geneva Convention.   The maintenance and strengthening  of the  peace process could only happen if the Israeli Government  respected the rights and aspirations of the Palestinian people.   Madagascar  supported the  Palestinian  people and urged the international community to aid the  peace process in all  ways possible.

   SUSAN ECKEY (Norway) said her country attached great importance to the  strengthening of  democratic institutions, the rule  of law  and respect for human rights in the Middle East.  Norway urged Israel to refrain from all use of  torture or moderate physical  pressure against  detainees in Israeli jails.

She said Norway was aware of the difficult economic and social conditions in  the Palestinian areas.  However, the responsibility for improving the human rights situation in the Palestinian-controlled areas rested solely with the Palestinian Authority.   Norway  was ready to  assist in advancing peace and human rights  conditions in  the countries concerned, working in close cooperation with the international community and the United Nations.

IFTEKHAR AHMED  CHOWDHURY (Bangladesh) said that  the tragic  times of the Palestinians  seemed to be everlasting.  Last year the Commission had been told about some positive developments — the transfer of certain powers  to the Palestinian  Authority and the signing of the Wye River Memorandum; but these hopes had  been dashed  by the unilateral suspension by Israel of implementation of the Memorandum.

Bangladesh was deeply concerned by the  findings of the Special Rapporteur that human rights violations had in fact increased due to frustration linked to the  non- implementation of the agreed process and heightened political tension.  There was an  evident need to revitalize the peace process, but it should be emphasized that  it was not enough simply to agree on words — the words had to be put into effect.  It also was time for Israel to cooperate  with United  Nations resolutions  and mechanisms;  its continued intransigence would be self-defeating in the long run.   There had to be a comprehensive and just settlement of the Palestinian issue.

SERGUEI  TCHOUMAREV (Russian Federation) said  the  Middle  East  peace settlement  was one of the most dramatic  and  difficult  to implement, requiring constant attention.  As a co-sponsor of the peace process, Russia was in favour of  moving forward on the path of justice, compromise  and common sense so  that it would be possible  to achieve a lasting peace  that would take into account the security of both sides.

A key to this was  the right of the Palestinian  people to an independent State.   Continued Israeli  construction  of settlements  in  the  occupied territories was  a cause of the worsening situation.  Israel had violated its international obligations and had refused  to enter into a  constructive dialogue in relation to  the problems in the  Middle East.  It was a shame because such an interaction could become a positive element  in the continuing task of implementing the peace settlement.  The settlement required particular attention from the Commission on Human Rights and other United Nations bodies.

ABSA CLAUDE DIALLO  (Senegal) said the situation in the occupied territories,  Palestine in particular, continued to be a concern to the international community.   One  of the keys to lasting peace in this area would be for each of the concerned parties to  acknowledge the sovereign right of the other.  As the twentieth century  drew to an end, the men, women, and children of this region  needed  to rediscover  confidence and trust and to put an end to the use of violence which continued to fan hatred, among other things.

The international community  needed to support the Palestinian people  and should  respond to their economic and political needs.   The Special Rapporteur's report  would  help the international community to work for peace in this region.   Respect for  the agreements  signed in  the peace process could open ways to constructive dialogue among the peoples of the region.

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