TWN
Info Service on UN Sustainable Development (Mar17/08)
31 March 2017
Third World Network
Human
Rights Council adopts five resolutions on OPT
Published in SUNS #8431 dated 28 March 2017
Geneva, 27 Mar (Kanaga Raja) -- The United Nations Human Rights Council
on Friday closed its thirty-fourth regular session after adopting
a number of resolutions including five on the situation of human rights
in the Occupied Palestinian Territory (OPT), including East Jerusalem.
In the resolutions on the OPT, the Council amongst others stressed
the need for Israel, the occupying Power, to withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem.
It also demanded that Israel, the occupying Power, immediately cease
all settlement activities in all the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan. It further
reaffirmed the inalienable, permanent and unqualified right of the
Palestinian people to self-determination.
Meanwhile, in a resolution on the situation of human rights in Myanmar,
adopted without a vote, the Council decided to dispatch urgently an
independent international fact-finding mission to be appointed by
the President of the Human Rights Council to establish the facts and
circumstances of the alleged recent human rights violations by military
and security forces, and abuses, in Myanmar, in particular in Rakhine
State, including but not limited to arbitrary detention, torture and
inhuman treatment, rape and other forms of sexual violence, extrajudicial,
summary or arbitrary killings, enforced disappearance, forced displacement
and unlawful destruction of property, with a view to ensuring full
accountability for perpetrators and justice for victims.
It requested the fact-finding mission to present to the Council an
oral update at its thirty-sixth session and a full report at its thirty-seventh
session.
In another resolution on the situation of human rights in the Syrian
Arab Republic, adopted by a vote of 27 in favour, seven against and
13 abstentions, the Council decided to extend for one year the mandate
of the Independent International Commission of Inquiry on the Syrian
Arab Republic, established by the Human Rights Council in its resolution
S-17/1 of 22 August 2011.
In other actions, the Council extended for a further period of one
year the mandates of the Special Rapporteurs on the situation of human
rights in Iran, Myanmar, and the Democratic People's Republic of Korea.
It also decided to extend the mandate of the Commission on Human Rights
in South Sudan, composed of three members, for a period of one year,
renewable as authorized by the Human Rights Council.
The Human Rights Council held its thirty-fourth regular session from
27 February to 24 March.
FIVE RESOLUTIONS ADOPTED ON OPT
A resolution (A/HRC/34/L. 39) on the right of the Palestinian people
to self-determination was co-sponsored by Bahrain (on behalf of the
Gulf Cooperation Council), Bangladesh, Bolivia, Chile, Cuba, Iraq
(on behalf of the Group of Arab States), Maldives, Namibia, Nicaragua,
Pakistan (on behalf of the Organisation of Islamic Cooperation), the
State of Palestine, Venezuela, and Zimbabwe.
It was adopted by a vote of 43 in favour, two against and two abstentions.
Those that voted against were Togo, and United States of America.
Panama and Paraguay abstained in the vote.
In the resolution, the Council reaffirmed the inalienable, permanent
and unqualified right of the Palestinian people to self-determination,
including their right to live in freedom, justice and dignity and
the right to their independent State of Palestine.
It deeply regretted the onset of the fiftieth year of the Israeli
occupation, called upon Israel, the occupying Power, to immediately
end its occupation of the Occupied Palestinian Territory, including
East Jerusalem, and reaffirmed its support for the solution of two
States, Palestine and Israel, living side by side in peace and security.
The Council expressed grave concern at the fragmentation and the changes
in the demographic composition of the Occupied Palestinian Territory,
including East Jerusalem, which are resulting from Israel's continuing
construction and expansion of settlements, and forcible transfer of
Palestinians and construction of the wall.
It stressed that this fragmentation, which undermines the possibility
of the Palestinian people realizing their right to self-determination,
is incompatible with the purposes and principles of the Charter of
the United Nations, and emphasized in this regard the need for respect
for and preservation of the territorial unity, contiguity and integrity
of all of the Occupied Palestinian Territory, including East Jerusalem.
It confirmed that the right of the Palestinian people to permanent
sovereignty over their natural wealth and resources must be used in
the interest of their national development, the well-being of the
Palestinian people and as part of the realization of their right to
self-determination.
The Council called upon all States to ensure their obligations of
non-recognition, non-aid or assistance with regard to the serious
breaches of peremptory norms of international law by Israel, and also
called upon them to cooperate further to bring, through lawful means,
an end to these serious breaches and a reversal of Israel's illegal
policies and practices.
It urged all States to adopt measures as required to promote the realization
of the right to self-determination of the Palestinian people, and
to render assistance to the United Nations in carrying out the responsibilities
entrusted to it by the Charter regarding the implementation of this
right.
A resolution (A/HRC/34/L. 40) on the human rights situation in the
Occupied Palestinian Territory, including East Jerusalem was co-sponsored
by Bahrain (on behalf of the Gulf Cooperation Council), Bangladesh,
Bolivia, Chile, Cuba, Iraq (on behalf of the Group of Arab States),
Maldives, Namibia, Nicaragua, Pakistan (on behalf of the Organisation
of Islamic Cooperation), Venezuela, Zimbabwe, and the State of Palestine.
It was adopted by a vote of 41 in favour, two against and four abstentions.
Those that voted in favour were: Albania, Bangladesh, Belgium, Bolivia,
Botswana, Brazil, Burundi, China, Cote d'Ivoire, Croatia, Cuba, Ecuador,
Egypt, El Salvador, Ethiopia, Georgia, Germany, Ghana, Hungary, India,
Indonesia, Iraq, Japan, Kenya, Kyrgyzstan, Latvia, Mongolia, Netherlands,
Nigeria, Philippines, Portugal, Qatar, Republic of Korea, Saudi Arabia,
Slovenia, South Africa, Switzerland, Tunisia, United Arab Emirates,
United Kingdom of Great Britain and Northern Ireland, and Venezuela.
Those that voted against were: Togo and United States of America.
Those that abstained were: Congo, Panama, Paraguay, and Rwanda.
In the resolution, the Council stressed the need for Israel, the occupying
Power, to withdraw from the Palestinian territory occupied since 1967,
including East Jerusalem, so as to enable the Palestinian people to
exercise their universally recognized right to self-determination.
It reiterated that all measures and actions taken by Israel, the occupying
Power, in the Occupied Palestinian Territory, including East Jerusalem,
in violation of the relevant provisions of the Geneva Convention relative
to the Protection of Civilian Persons in Time of War, of 12 August
1949, and contrary to the relevant resolutions of the Security Council
are illegal and have no validity.
It demanded that Israel, the occupying Power, comply fully with the
provisions of the Fourth Geneva Convention of 1949 and cease immediately
all measures and actions taken in violation and in breach of the Convention.
It demanded that Israel, the occupying Power, cease all practices
and actions that violate the human rights of the Palestinian people,
and that it fully respect human rights law and comply with its legal
obligations in this regard, including in accordance with relevant
United Nations resolutions.
The Council reiterated the need for respect for the territorial unity,
contiguity and integrity of all of the Occupied Palestinian Territory
and for guarantees of the freedom of movement of persons and goods
within the Palestinian territory, including movement into and from
East Jerusalem, into and from the Gaza Strip, between the West Bank
and the Gaza Strip, and to and from the outside world.
It demanded that Israel, the occupying Power, cease immediately its
imposition of prolonged closures and economic and movement restrictions,
including those amounting to a blockade on the Gaza Strip, which severely
restricts the freedom of movement of Palestinians within, into and
out of Gaza and their access to basic utilities, housing, education,
work, health and an adequate standard of living via various measures,
including import and export restrictions, that have a direct impact
on livelihoods, economic sustainability and development throughout
Gaza, aggravating the state of de-development in Gaza.
In this regard, it called upon Israel to implement fully the Agreement
on Movement and Access and the Agreed Principles for the Rafah Crossing,
in order to allow for the sustained and regular movement of persons
and goods and for the acceleration of long overdue reconstruction
in the Gaza Strip.
The Council condemned all acts of violence, including all acts of
terror, provocation, incitement and destruction, especially the excessive
use of force by the Israeli occupying forces against Palestinian civilians,
particularly in the Gaza Strip, where bombardment of populated areas
has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction
to homes, economic, industrial and agricultural properties, vital
infrastructure, including water, sanitation and electricity networks,
religious sites and public institutions, including hospitals and schools,
and United Nations facilities, and agricultural lands, and large-scale
internal displacement of civilians, and the excessive use of force
by the Israeli occupying forces against Palestinian civilians in the
context of peaceful protests in the West Bank.
It also condemned the firing of rockets against Israeli civilian areas
resulting in loss of life and injury.
It expressed deep concern at the conditions of the Palestinian prisoners
and detainees, including minors, in Israeli jails and detention centres,
and demanded that Israel, the occupying Power, fully respect and abide
by its international law obligations towards all Palestinian prisoners
and detainees in its custody.
It also expressed its concern at the continued extensive use of administrative
detention, called for a full implementation of the agreement reached
in May 2012 for a prompt and independent investigation into all cases
of death (in) custody, and also called upon Israel to release immediately
all Palestinian prisoners, including Palestinian legislators, detained
in violation of international law.
The Council deplored the resumption by Israel of the policy of punitive
home demolitions and the ongoing policy of revoking the residency
permits of Palestinians living in East Jerusalem through various discriminatory
laws, and the demolition of residential structures and the forced
eviction of Palestinian families, in violation of their basic right
to adequate housing and in violation of international humanitarian
law.
It expressed concern at the Citizenship and Entry into Israel Law
adopted by the Knesset, which suspends the possibility, with certain
rare exceptions, of family reunification between Israeli citizens
and persons residing in the Occupied Palestinian Territory, including
East Jerusalem, thus adversely affecting the lives of many families.
It demanded that Israel, the occupying Power, cease all of its settlement
activities, the construction of the wall and any other measures aimed
at altering the character, status and demographic composition of the
Occupied Palestinian Territory, including in and around East Jerusalem,
all of which have, inter alia, a grave and detrimental impact on the
human rights of the Palestinian people and the prospects for a peaceful
settlement.
It deplored 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.
The Council deplored the persistent non-cooperation of Israel with
special procedure mandate holders and other United Nations mechanisms,
and stressed the need for Israel to abide by all relevant United Nations
resolutions and to cooperate with the Human Rights Council, all special
procedures and the Office of the United Nations High Commissioner
for Human Rights.
A resolution (A/HRC/34/L. 41/Rev. 1) on Israeli settlements in the
Occupied Palestinian Territory, including East Jerusalem, and in the
occupied Syrian Golan was adopted as orally revised by a vote of 36
in favour, two against and nine abstentions.
The resolution was co-sponsored by Bahrain (on behalf of the Gulf
Cooperation Council), Bangladesh, Bolivia, Chile, Cuba, Iraq (on behalf
of the Group of Arab States), Maldives, Namibia, Nicaragua, Pakistan
(on behalf of the Organisation of Islamic Cooperation), South Africa,
Venezuela, Zimbabwe, and State of Palestine.
Those that voted in favour were: Bangladesh, Belgium, Bolivia, Botswana,
Brazil, Burundi, China, Congo, Cote d'Ivoire, Cuba, Ecuador, Egypt,
El Salvador, Ethiopia, Germany, Ghana, India, Indonesia, Iraq, Japan,
Kenya, Kyrgyzstan, Mongolia, Netherlands, Nigeria, Philippines, Portugal,
Qatar, Republic of Korea, Saudi Arabia, Slovenia, South Africa, Switzerland,
Tunisia, United Arab Emirates, and Venezuela.
Togo and United States of America voted against the resolution. Those
that abstained were: Albania, Croatia, Georgia, Hungary, Latvia, Panama,
Paraguay, Rwanda, and United Kingdom of Great Britain and Northern
Ireland.
In the resolution, the Council reaffirmed that the Israeli settlements
established since 1967 in the Occupied Palestinian Territory, including
East Jerusalem, and in the occupied Syrian Golan are illegal under
international law, and constitute a major obstacle to the achievement
of the two-State solution and a just, lasting and comprehensive peace,
and to economic and social development.
It called upon Israel to accept the de jure applicability of the Geneva
Convention relative to the Protection of Civilian Persons in Time
of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and to the occupied Syrian Golan, to abide
scrupulously by the provisions of the Convention, in particular article
49 thereof, and to comply with all its obligations under international
law and cease immediately all actions causing the alteration of the
character, status and demographic composition of the Occupied Palestinian
Territory, including East Jerusalem, and the occupied Syrian Golan.
It demanded that Israel, the occupying Power, immediately cease all
settlement activities in all the Occupied Palestinian Territory, including
East Jerusalem, and in the occupied Syrian Golan, and called in this
regard for the full implementation of all relevant resolutions of
the Security Council, including, inter alia, resolutions 446 (1979)
of 22 March 1979, 452 (1979) of 20 July 1979, 465 (1980) of 1 March
1980, 476 (1980) of 30 June 1980, 1515 (2003) of 19 November 2003
and 2334 (2016) of 23 December 2016.
It also demanded that Israel, the occupying Power, comply fully with
its legal obligations, as mentioned in the advisory opinion rendered
on 9 July 2004 by the International Court of Justice, including to
cease forthwith the works of construction of the wall being built
in the Occupied Palestinian Territory, including in and around East
Jerusalem, to dismantle forthwith the structure therein situated,
to repeal or render ineffective forthwith all legislative and regulatory
acts relating thereto, and to make reparation for the damage caused
to all natural or legal persons affected by the construction of the
wall.
The Council condemned the continuing settlement and related activities
by Israel, including the expansion of settlements, the expropriation
of land, the demolition of houses, the confiscation and destruction
of property, the forcible transfer of Palestinians, including entire
communities, and the construction of bypass roads, which change the
physical character and demographic composition of the occupied territories,
including East Jerusalem and the Syrian Golan, and constitute a violation
of the Geneva Convention relative to the Protection of Civilian Persons
in Time of War, of 12 August 1949, and in particular article 49 thereof.
It also condemned the construction of new housing units for Israeli
settlers in the West Bank and around occupied East Jerusalem, as they
seriously undermine the peace process and jeopardize the ongoing efforts
by the international community to reach a final and just peace solution
compliant with international law and legitimacy, including relevant
United Nations resolutions, and constitute a threat to the two-State
solution.
The Council expressed its grave concern at, and called for the cessation
of:
(a) The operation by Israel of a tramway linking the settlements with
West Jerusalem, which is in clear violation of international law and
relevant United Nations resolutions;
(b) The expropriation of Palestinian land, the demolition of Palestinian
homes, demolition orders, forced evictions and "relocation"
plans, the obstruction and destruction of humanitarian assistance
and the creation of a coercive environment and unbearable living conditions,
by Israel in areas identified for the expansion and construction of
settlements, and other practices aimed at the forcible transfer of
the Palestinian civilian population, including Bedouin communities
and herders, and further settlement activities, including the denial
of access to water and other basic services by Israel to Palestinians
in the Occupied Palestinian Territory, including East Jerusalem, particularly
in areas slated for settlement expansion, and including the appropriation
of Palestinian property through, inter alia, declarations of so-called
"State lands", closed "military zones", "national
parks" and "archaeological" sites to facilitate and
advance the expansion or construction of settlements and related infrastructure,
in violation of Israel's obligations under international humanitarian
law and international human rights law;
(c) Israeli measures in the form of policies, laws and practices that
have the effect of preventing Palestinians from full participation
in the political, social, economic and cultural life of the Occupied
Palestinian Territory, including East Jerusalem, and prevent their
full development in both the West Bank and the Gaza Strip.
It called upon Israel, the occupying Power:
(a) To end without delay its occupation of the territories occupied
since 1967, to reverse the settlement policy in the occupied territories,
including East Jerusalem and the Syrian Golan, and, as a first step
towards the dismantlement of the settlement enterprise, to stop immediately
the expansion of existing settlements, including so-called natural
growth and related activities, to prevent any new installation of
settlers in the occupied territories, including in East Jerusalem,
and to discard its "E-1" plan;
(b) To put an end to all of the human rights violations linked to
the presence of settlements, especially of the right to self-determination,
and to fulfil its international obligations to provide effective remedy
for victims;
(c) To take immediate measures to prohibit and eradicate all policies
and practices that discriminate against and disproportionately affect
the Palestinian population in the Occupied Palestinian Territory,
including East Jerusalem, by, inter alia, putting an end to the system
of separate roads for the exclusive use of Israeli settlers, who reside
illegally in the said territory, to the complex combination of movement
restrictions consisting of the wall, roadblocks and a permit regime
that only affects the Palestinian population, the application of a
two-tier legal system that has facilitated the establishment and consolidation
of the settlements, and other violations and forms of institutionalized
discrimination;
(d) To cease the requisition and all other forms of unlawful appropriation
of Palestinian land, including so-called "State land", and
its allocation for the establishment and expansion of settlements,
and to halt the granting of benefits and incentives to settlements
and settlers;
(e) To put an end to all measures and policies resulting in the territorial
fragmentation of the Occupied Palestinian Territory, including East
Jerusalem, and which are isolating Palestinian communities into separate
enclaves, and deliberately changing the demographic composition of
the Occupied Palestinian Territory;
(f) To take and implement serious measures, including confiscation
of arms and enforcement of criminal sanctions, with the aim of ensuring
full accountability for, and preventing, all acts of violence by Israeli
settlers, and to take other measures to guarantee the safety and protection
of Palestinian civilians and Palestinian properties in the Occupied
Palestinian Territory, including East Jerusalem;
(g) To bring to a halt all actions, including those perpetrated by
Israeli settlers, harming the environment, including the dumping of
all kinds of waste materials in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied Syrian Golan, which
gravely threaten their natural resources, namely water and land resources,
and which pose an environmental, sanitation and health threat to the
civilian population;
(h) To cease the exploitation, damage, cause of loss or depletion
and endangerment of the natural resources of the Occupied Palestinian
Territory, including East Jerusalem, and of the occupied Syrian Golan.
A resolution on human rights in the Occupied Syrian Golan (A/HRC/34/L.
11) was co-sponsored by Cuba, Maldives, Pakistan (on behalf of the
Organisation of Islamic Cooperation) and Venezuela.
It was adopted by a vote of 26 in favour, three against and 18 abstentions.
Those that voted against were: Togo, United Kingdom of Great Britain
and Northern Ireland, and United States of America.
Those that abstained were: Albania, Belgium, Botswana, Congo, Croatia,
Georgia, Germany, Hungary, Japan, Latvia, Netherlands, Panama, Paraguay,
Portugal, Republic of Korea, Rwanda, Slovenia, and Switzerland.
In the resolution, the Human Rights Council, amongst others, called
upon Israel, the occupying Power, to comply with the relevant resolutions
of the General Assembly, the Security Council and the Human Rights
Council, in particular Security Council resolution 497 (1981), in
which the Council decided, inter alia, that the decision of Israel
to impose its laws, jurisdiction and administration on the occupied
Syrian Golan was null and void and without international legal effect,
and demanded that Israel rescind forthwith its decision.
A resolution (A/HRC/34/L. 38) on ensuring accountability and justice
for all violations of international law in the Occupied Palestinian
Territory, including East Jerusalem was co-sponsored by Bahrain (on
behalf of the Gulf Cooperation Council), Bangladesh, Bolivia, Chile,
Cuba, Iraq (on behalf of the Group of Arab States), Maldives, Namibia,
Nicaragua, Pakistan (on behalf of the Organisation of Islamic Cooperation),
Switzerland, Venezuela, Zimbabwe, and the State of Palestine.
It was adopted by a vote of 30 in favour, two against and 15 abstentions.
Those that voted against were: Togo, and United States of America.
Those that abstained were: Albania, Croatia, Ethiopia, Georgia, Germany,
Hungary, India, Japan, Kenya, Latvia, Netherlands, Panama, Paraguay,
Rwanda, and United Kingdom of Great Britain and Northern Ireland.
In the resolution, the Council emphasized the need to ensure that
all those responsible for violations of international humanitarian
law and international human rights law are held to account, through
appropriate, fair and independent national or international criminal
justice mechanisms, as well as to ensure the provision of effective
remedy to all victims, including full reparations.
It stressed the need to pursue practical steps towards these goals
to ensure justice for all victims and to contribute to the prevention
of future violations.
The Council stressed that all efforts to end the Israeli-Palestinian
conflict should be grounded in respect for international humanitarian
law and international human rights law, and should ensure credible
and comprehensive accountability for all violations of international
law in order to bring about sustainable peace. +
