ECOSOC adopts decision on human rights situation in the OPT – ECOSOC meeting,action – Press release (excerpts)

ECONOMIC AND SOCIAL COUNCIL ADOPTS MORE THAN 50 TEXTS

ON BROAD RANGE OF HUMAN RIGHTS ISSUES

While adopting 51 texts, 19 of them by a recorded vote, the Economic and Social Council, on the penultimate day of its 2004 substantive session, rejected two texts, one on the protection of human rights in the context of international military operations launched to combat terrorism, and one on overturning a decision by the Commission on Human Rights regarding a pre-draft declaration on human social responsibilities.

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Of the texts adopted today, 40 decisions had been proposed by the Commission on Human Rights in its sixtieth session report. Many of them concerned appointment or mandate extension of Special Rapporteurs on the situation of human rights in, among other countries, the Sudan, Myanmar and Somalia, or on issues such as freedom of religion or belief and on extrajudicial, summary or arbitrary executions, torture and other cruel, inhuman or degrading treatment or punishment, victims of trafficking in persons, human rights and the genome.

One of the decisions related to the “Question of the violation of human rights in the occupied Arab territories, including Palestine”, which was adopted in a recorded vote of 34 in favour to 7 against (Australia, Canada, Germany, Hungary, Italy, United Kingdom, United States), with 12 abstentions.  By that decision, the Council approved the request to the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 to investigate Israel’s violation of the principles and bases of international law, international humanitarian law and the Geneva Convention relative to the Protection of Civilian Persons in Time of War.  (Annex IV)

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Background

The 2004 substantive session of the Economic and Social Council (ECOSOC)  met today to continue its general segment, addressing social and human rights questions and considering action on related draft texts.  It had before it the report on the sixtieth session of the Commission on Human Rights (15 March-24 April) (documents E/2004/23, Part I and corrigenda), which contained some 48 draft decisions recommended to the Council for adoption.

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By decision 4, the “Question of the violation of human rights in the occupied Arab territories, including Palestine”, the Council would approve the request to the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 to investigate Israel’s violation of the principles and bases of international law, international humanitarian law and the Geneva Convention Relative to the Protection of Civilian Persons in Time of War.

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Action on Recommendations from Commission on Human Rights

Regarding human rights, the Council had before it the report on the sixtieth session of the Commission on Human Rights (15 March-24 April) (documents E/2004/23, Part I, and corrigenda), containing some 48 draft decisions recommended to the Council for adoption.

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Speaking in explanation before the vote, the representative of the United States said his country remained deeply concerned by terrorist acts and ongoing violence in the Palestinian territories.  While all casualties of the violence were mourned, it must be recognized that the text did not reflect the reality of the situation on the ground.  It unfairly singled out only one side to the conflict and turned a blind eye to all else.

The United States remained engaged in moving the peace process forward, consistent with United Nations resolutions, he said.  United States President George Bush had reiterated his vision of two States living side by side in peace, and the Security Council had endorsed the Quartet’s Road Map to fulfil that vision.  The United States would vote against the draft decision and urged all those opposed to the use of terrorism to show that position by voting against the text.

Also speaking in explanation before the vote, the representative of Canada said he had serious concerns about the human rights situation in the Palestinian territories, due to the construction of the barrier and the effects of closures and curfews policies, among other policies.  Moreover, activities such as settlement expansions and land appropriations were contrary to international law and harmed the peace process.  Therefore, he urged all parties to comply with international law and international humanitarian law, including the Geneva Conventions.  It was impossible to overemphasize that dialogue, not violence, was the best means of ensuring peace.  Yet, in failing to condemn all acts of terrorism, the text did not adequately reflect the situation on the ground, nor contribute to its solution.  The text contained language that singled out one party to the conflict.  Canada would vote against.

The ECOSOC then adopted, by a recorded vote of 34 in favour to 7 against (Australia, Canada, Germany, Hungary, Italy, United Kingdom, United States), with 12 abstentions, a decision on the “Question of the violation of human rights in the occupied Arab territories, including Palestine”.

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ANNEX IV

Vote on Human Rights in Occupied Territories

The draft decision on the question of violations of human rights in the occupied Arab territories, including Palestine (document E/2004/23), was adopted by a recorded vote of 34 in favour to 7 against, with 12 abstentions, as follows:

In favour:  Armenia, Azerbaijan, Bangladesh, Belize, Benin, Bhutan, Burundi, Chile, China, Colombia, Congo, Cuba, Ecuador, Ghana, India, Indonesia, Jamaica, Libya, Malaysia, Mauritius, Mozambique, Namibia, Panama, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Tunisia, Turkey, Ukraine, United Arab Emirates, United Republic of Tanzania, Zimbabwe.

Against:  Australia, Canada, Germany, Hungary, Italy, United Kingdom, United States.

Abstaining:  Belgium, Finland, France, Greece, Guatemala, Ireland, Japan, Kenya, Nicaragua, Nigeria, Poland, Sweden.

Absent:  El Salvador.

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