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TO:
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JCPA
Member Agencies |
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FROM:
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Martin
Raffel, Associate Executive Director
Tamar Harari-Gur,
Program Assistant
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RE:
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Action Alert:UN Commission on Human Rights |
Download
this document in Word
or PDF formats.
The United Nations Commission on Human Rights is scheduled
to commence its 58th annual six-week session on March 18th in
Geneva.
Background: The United
Nations Commission on Human Rights (UNCHR), composed of 53 Member
States, meets each year regularly in March/April for six weeks in
Geneva. About 3,000 delegates from member and observer
states and from non-governmental organizations participate. During its regular annual session, the Commission
adopts about one hundred resolutions, decisions and Chairperson's
statements on matters of relevance to individuals in all regions and
circumstances. It is assisted
in this work by the Sub-Commission on the Promotion and Protection
of Human Rights, a number of working groups and a network of individual
experts, representatives and rapporteurs mandated to report to it
on specific issues.
Membership: The membership
of the UNCHR has changed since last year’s session. Of the Western European and Others Group, United
States and Norway were replaced by Austria and Sweden. [A list of member states is embedded below
as Appendix A]. Also, Freedom
House, an independent think-tank, publishes a Freedom Index that measures
political rights and civil liberties around the globe every year. According to its most recent major report,
"Freedom in the World 2002: The Democracy Gap," five members
of the UNCHR are rated among the most repressive states in the world. These data call into question the weight that
should be given to actions taken at the 58th session of the UNCHR.
Five Anti-Israel Resolutions: It is expected that the Arab countries will push for consensus adoption
of five anti-Israel resolutions, in the hope that, in the absence
of the United States, no one will ask for a vote.
The resolutions place the blame for the Israeli-Palestinian
conflict solely on Israel, do not condemn Palestinian violence, and
do not mention UN Security Council Resolutions 242 and 338, which
were adopted to guide the Middle East peace process.
These five resolutions reappear every year at the annual UNCHR
session, with the exception of the Lebanon resolution, which was changed
from an emphasis on Israeli occupation of Southern Lebanon to Israeli
detention of Hizbollah prisoners.
The text of these five resolutions is embedded below as Appendix
D. At
the end of each resolution you will find the breakdown of the votes
as was recorded at the 57th (2001) session.
This initiative represents
yet another manipulation of the international community and the United
Nations, similar to what occurred just a few months ago at the meeting
of High Contracting Parties to the Fourth Geneva Convention in Geneva,
and a few months before that at the UN World Conference Against Racism
in Durban. Continuing to use
international forums in an effort to isolate Israel diplomatically
not only makes it more difficult to resolve the issues in dispute
through direct, bilateral negotiations, but also undermines the integrity
of these vital international institutions.
JCPA member agencies are urged to:
§
Send/fax letters to Ambassadors and Consuls General of Member countries
of the UNCHR, such as Canada, as well as European Union, Latin American,
and African countries that you have connections with, urging them
to call for a vote and oppose one-sided, inflammatory anti-Israel
resolutions that are on the agenda of the 58th session of the UNCHR. We have embedded below a list of UNCHR members as Appendix A, and
a sample letter as Appendix B. Please
go to http://www.embassy.org/ to find contact information for foreign
embassies in the United States. As
always, please copy the JCPA on all correspondence.
§
Monitor
and respond to media coverage of the issue. Please share opinion pieces
and letters to the editor with JCPA staff.
We are also enclosing as Appendix C, "Talking
Points for Criticism of the Five Commission on Human Rights Resolutions
Against Israel" written by UNWatch, which is affiliated with
AJCommittee.
Please feel free to consult the JCPA if you have any
questions.
________________________________
Jewish Council for Public Affairs
443 Park Avenue South
New York, NY 10016
info@thejcpa.org
212-684-6950 212-686-1353
fax
Appendix
A: 2002 Members of the UN Commission on Human Rights
1. Algeria
2. Argentina
3. Armenia
4. Austria
5. Bahrain
6. Belgium
7. Brazil
8. Burundi
9. Cameroon
10. Canada
11. Chile
12. China
13. Costa Rica
14. Croatia
15. Cuba
16. Czech Republic
17. Democratic Republic of the Congo
18. Ecuador
19. France
20. Germany
21. Guatemala
22. India
23. Indonesia
24. Italy
25. Japan
26. Kenya
27. Libyan Arab Jamahiriya
28. Malaysia
29. Mexico
30. Nigeria
31. Pakistan
32. Peru
33. Poland
34. Portugal
35. Republic of Korea
36. Russian Federation
37. Saudi Arabia
38. Senegal
39. Sierra Leone
40. South Africa
41. Spain
42. Sudan
43. Swaziland
44. Sweden
45. Syrian Arab Republic
46. Thailand
47. Togo
48. Uganda
49. United Kingdom
50. Uruguay
51. Venezuela
52. Viet Nam
53. Zambia
Appendix
B: Sample Letter
Dear ______:
We are writing to you on behalf of the _____________________
to express our concern that, during the upcoming session of the United
Nations Commission on Human Rights in Geneva, Arab states may seek
the consensus adoption of five one-sided resolutions, which unfairly
condemn Israel alone for the current tragic situation in the Middle
East. In addition, these resolutions fail to acknowledge UN Security Council
Resolutions 242 and 338, which were adopted to guide Middle East peace
negotiations.
We believe this initiative represents yet another manipulation
of the international community and the United Nations, similar to
what occurred just a few months ago at the meeting of High Contracting
Parties to the Fourth Geneva Convention in Geneva, and a few months
before that at the UN World Conference Against Racism in Durban.
Continuing to use international forums in an effort to isolate
Israel diplomatically only makes it more difficult to resolve the
issues in dispute through direct, bilateral negotiations between the
parties.
Furthermore, we believe the political motivation, which
lies behind these resolutions, makes a mockery of the true foundations
of the United Nation Commission on Human Rights, and will serve to
undermine the integrity of this institution, which should embody purely
humanitarian principles.
Therefore -- in the interest of maintaining the integrity
of the United Nations, of preserving the humanitarian focus of the
United Nations Commission on Human Rights, and of supporting the Middle
East peace process -- we urge you to call for a vote and oppose one-sided,
inflammatory anti-Israel resolutions that are on the agenda of the
United Nations Commission on Human Rights.
If the United Nations Commission on Human Rights wishes
to address the current Middle East crisis, it should adopt a single
resolution that is impartial and objective.
Sincerely,
Appendix C: Talking Points (Written by UNWatch)
Talking
Points for Criticism of the Five
Commission on Human
Rights Resolutions Against Israel
The
Commission on Human Rights is the United Nations’ most prominent forum
for discussions on the status of human rights around the world. Unfortunately, the Commission is abused by
Arab member states to condemn Israel in a disproportionate, unbalanced,
and often unwarranted manner. Our
argument is not that Israel is immune from criticism, but should be
accorded equal treatment as stipulated in the UN Charter.
We are concerned that the treatment of Israel at the Commission
is highly politicized to the detriment of our common goals: the peace
process, the global movement for human rights, and respect for the
United Nations.
Disproportionate
criticism:
Last
year’s session passed 16 resolutions (and one Chairman’s statement)
that condemned or expressed concern over human right violations in
specific countries or geographic regions.
Five resolutions condemned Israel, while each of the following
countries/regions was the subject of one resolution: Afghanistan,
Burundi, Democratic Republic of Congo, Cuba, Iran, Iraq, Myanmar,
Russia (re: Chechnya), Sierra Leone, Southeast Europe (i.e. Yugoslavia,
Bosnia), Sudan, and Colombia (Chairman’s statement).
Even
using the Palestinian, Lebanese and Syrian maximalist figures for
the effected populations of “occupied Arab territories”, the five
anti-Israel resolutions address the human rights of 3.5 million people. The combined effected populations for the other 12 resolutions are
315 million. The Commission
spends approximately 25% of its country-specific discussions on the
3.5m people of the “occupied Arab territories” and 75% of its time
on the other 315m. In other words (and figures), the Commission
pays 30 times more attention to the Arab-Israeli conflict than to
other conflicts.
The
disproportionate focus is aggravated by devoting an entire agenda
item (#8) to criticism of Israel, while other country situations are
discussed collectively under agenda item #9.
Furthermore,
for political reasons, there were no condemnations of known systematic
violators of human rights, such as China, Pakistan, Saudi Arabia,
and Algeria.
In
Algeria alone, the number of deaths in 2001 from political violence
(1500 per Human Rights Watch,
2400 per Amnesty International) exceeded the number of combined Israeli
and Palestinian deaths (900 HRW).
One-sided
criticism:
1.
“Question of the violation of human rights in the occupied Arab territories,
including Palestine.” This resolution
accuses Israel of an extensive list of human rights violations, including
“extrajudicial killings, closures, collective punishments, settlements
and arbitrary detentions.” Condemnation
of Palestinian violence against Israelis is conspicuously absent.
The only appeals “to desist from all forms of violations of
human rights” (paras 11, 12) are directed toward Israel.
2.
“Situation in occupied Palestine.” This
resolution “[r]eaffirms the inalienable, permanent and unqualified
right of the Palestinian people to self-determination …”
In the resolution, the Commission states that it is guided
by General Assembly resolutions 181 (Partition Plan) and 194 (“right
of return” for Palestinian refugees), which have only political status. No mention is made of Security Council resolutions
242 and 338 (“land for peace”), which have legal status and also contain
obligations on the Arab states.
3.
“Human rights situation of the Lebanese detainees in Israel.” Israel is condemned for holding Hizbollah terrorists, while Israeli
soldiers held hostage by Hizbollah are not mentioned. Israeli reprisals against Hizbollah are implicitly
condemned (viz. “Censuring breaches by Israel of the sovereignty
and territorial integrity of Lebanon,”), while the Hizbollah attacks
on Israeli citizens, which provoke the reprisals, are omitted. The resolution begins by taking note of the
Secretary-General’s report on Israel’s implementation of Security
Council resolutions 425 and 426 (withdrawal from Lebanon), and cites
certain paragraph numbers of the Secretary-General’s report for emphasis. These paragraphs refer to Lebanese and Syrian
points of view, (e.g. paras 12 and 14).
Paragraphs confirming Israeli positions (e.g. para 13) are
left out.
Unwarranted
criticism:
1.
The “Lebanese detainees” resolution is also
an example of unjust criticism. Before
the 2001 Commission session, this resolution was entitled “Human rights
in South Lebanon and West Bekaa.”
It attacked Israel for its occupation of South Lebanon.
Instead of dropping the resolution after the Israeli withdrawal
and UN confirmation, the Arab states changed the title in order to
maintain the resolution.
2.
“Human Rights in the occupied Syrian Golan.” This resolution is entirely political. The resolution speaks only to Israeli annexation
of the Golan and the imposition of Israeli civil law. Human rights violations are referred to only
indirectly, citing the 2000 report of the Special Committee to Investigate
Israeli Practices. The report
also focuses on the annexation, with only a few paragraphs on separated
families and one mention of arbitrary arrest.
The Golan section of latest (2001) edition of the Special Committee’s
report is a verbatim repetition (with source citation) of the Syrian
government’s report to the Special Committee.
Action to be requested:
Member
states of the Commission on Human Rights should address the Arab-Israeli
conflict with a single resolution.
That resolution should be impartial, objective, and proportionate. If that solution is not possible at present, member states should
oppose or not actively support the flawed resolutions.
The Five Resolutions:
Texts
of the five resolutions with country votes are attached.
Voting
summary of the 57th Session (2001) was (For-Against-Abstaining):
1.
Situation in occupied Palestine, (48-2-2)
2.
Human rights in the occupied Syrian Golan, (29-2-21)
3.
Question of the violation of human rights in the occupied Arab territories,
including
Palestine,
(28-2-22)
4.
Israeli settlements in the occupied Arab territories, (50-1-1)
5.
Human rights situation of the Lebanese detainees in Israel, (33-1-19)
Commission
Membership changes:
The
membership of the Commission has changed since last year’s session. Western European and Others Group (WEOG) and
Eastern Europe changes are important and negative, particularly the
replacement of the United States.
Other changes are neutral with regards to expected or potential
votes on these resolutions.
WEOG
In: Austria, Sweden Out: US, Norway
E.
Europe In: Armenia, Croatia Out: Latvia, Romania
Out: Liberia, Madagascar, Mauritius,
Niger
Asia In: Bahrain Out: Qatar
Latin Am.
In: Chile
Out: Colombia
Appendix D: UN Commission on Human Rights - 2001
5 Resolutions against Israel
1. Situation in occupied Palestine
Commission on Human Rights resolution 2001/2
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of the
United Nations, in particular the provisions of Articles 1 and 55
thereof, which affirm the right of peoples to self-determination,
and the scrupulous respect of the principle of refraining in international
relations from the threat or use of force, as specified in the Declaration
on Principles of International Law concerning Friendly Relations and
Cooperation among States, adopted by the General Assembly in its resolution
2625 (XXV) of 24 October 1970,
Guided also by the provisions of article 1 of the International
Covenant on Economic, Social and Cultural Rights and article 1 of
the International Covenant on Civil and Political Rights, which affirm
that all peoples have the right to self-determination,
Guided further by the provisions of the Vienna Declaration
and Programme of Action adopted in June 1993 by the World Conference
on Human Rights (A/CONF.157/23), and in particular Part I, paragraphs
2 and 3, relating to the right of self-determination of all peoples
and especially those subject to foreign occupation,
Recalling General Assembly resolutions 181 A and B (II) of
29 November 1947 and 194 (III) of 11 December 1948, as well as all
other resolutions which confirm and define the inalienable rights
of the Palestinian people, particularly their right to self-determination,
Recalling also its previous resolutions in this regard, the
latest of which is its resolution 2000/4 of 7 April 2000,
Reaffirming the right of the Palestinian people to self-determination
in accordance with the provisions of the Charter of the United Nations,
the relevant United Nations resolutions and declarations, and the
provisions of international covenants and instruments relating to
the right to self-determination as an international principle and
as a right of all peoples in the world, as it is a jus cogens
in international law, and a basic condition for achieving a just,
lasting and comprehensive peace in the region of the Middle-East,
1. Reaffirms the inalienable, permanent and unqualified right
of the Palestinian people to self-determination, including their right
to establish their sovereign and independent Palestinian State, and
looks forward to the early fulfilment of this right;
2. Requests the Secretary-General to transmit the present
resolution to the Government of Israel and all other Governments,
to disseminate it on the widest possible scale and to make available
to the Commission on Human Rights, prior to the convening of its fifty-eighth
session, all information pertaining to the implementation of the present
resolution by the Government of Israel;
3. Decides to include in the provisional agenda of its fifty-eighth
session the item entitled "The right of peoples to self-determination
and its application to peoples under colonial or alien domination
or foreign occupation" and to consider the situation in occupied
Palestine under that agenda item, as a matter of high priority.
43rd
meeting
6 April 2001
[Adopted by a roll-call vote of 48 votes to 2, with 2 abstentions.]
In favour: Algeria, Argentina,
Belgium, Brazil, Burundi, Cameroon, China, Colombia, Costa Rica, Cuba,
Czech Republic, Democratic Republic of the Congo, Ecuador, France,
Germany, India, Indonesia, Italy, Japan, Kenya, Latvia, Libyan Arab
Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria,
Norway, Pakistan, Peru, Poland, Portugal, Qatar, Republic of Korea,
Russian Federation, Saudi Arabia, Senegal, South Africa, Spain, Swaziland,
Syrian Arab Republic, Thailand, United Kingdom of Great Britain and
Northern Ireland, Uruguay, Venezuela, Viet Nam, Zambia.
Against:
Guatemala, United States of America.
Abstaining: Canada, Romania.
2.
Human rights in the occupied
Syrian Golan
Commission on Human Rights resolution 2001/6
The Commission on Human Rights,
Deeply concerned at the suffering of the Syrian citizens in
the occupied Syrian Golan due to the violation of their fundamental
and human rights since the Israeli military occupation of 1967,
Recalling Security Council resolution 497 (1981) of 17 December
1981,
Recalling also all relevant General Assembly resolutions, including
the latest,
resolution 55/51 of 1 December 2000, in which the Assembly declared
that Israel had failed to comply with Security Council resolution
497 (1981) and demanded that Israel withdraw from all the occupied
Syrian Golan,
Reaffirming once more the illegality of Israel's decision of
14 December 1981 to impose its laws, jurisdiction and administration
on the occupied Syrian Golan, which has resulted in the effective
annexation of that territory,
Reaffirming the principle of non-acquisition of territory by
force in accordance with the Charter of the United Nations and the
principles of international law,
Taking note with deep concern of the report of the Special
Committee to Investigate Israeli Practices Affecting the Human Rights
of the Palestinian People and Other Arabs of the Occupied Territories
(A/55/453) and, in this connection, deploring the Israeli settlement
in the occupied Arab territories and regretting Israel's constant
refusal to cooperate with and to receive the Special Committee,
Guided by the relevant provisions of the Charter of the United
Nations, international law and the Universal Declaration of Human
Rights, and reaffirming the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, and the relevant provisions of the Hague Conventions
of 1899 and 1907 to the occupied Syrian Golan,
Reaffirming the importance of the peace process which started
in Madrid on the basis of Security Council resolutions 242 (1967)
of 22 November 1967 and 338 (1973) of 22 October 1973 and the principle
of land for peace, and expressing its concern at the stoppage of the
peace process in the Middle East and its hope that peace talks will
be resumed on the basis of the full implementation of Security Council
resolutions 242 (1967) and 338 (1973) for the establishment of a just
and comprehensive peace in the region,
Reaffirming also its previous relevant resolutions,
the most recent being resolution 2000/7 of 17 April 2000,
1. Calls upon Israel, the occupying Power, to comply
with the relevant resolutions of the General Assembly and of the Security
Council, particularly resolution 497 (1981) of 17 December 1981, in
which the Council, inter alia, decided that the Israeli decision
to impose its laws, jurisdiction and administration on the occupied
Syrian Golan is null and void and without international legal effect,
and demanded that Israel should rescind forthwith its decision;
2. Also calls upon Israel to desist from changing the physical
character, demographic composition, institutional structure and legal
status of the occupied Syrian Golan, and emphasizes that the displaced
persons of the population of the occupied Syrian Golan must be allowed
to return to their homes and to recover their properties;
3. Further calls upon Israel to desist from imposing Israeli
citizenship and Israeli identity cards on the Syrian citizens in the
occupied Syrian Golan and to desist from its repressive measures against
them, and from all other practices mentioned in the report of the
Special Committee to Investigate Israeli Practices Affecting the Human
Rights of the Palestinian People and Other Arabs of the Occupied Territories;
4. Determines that all legislative and administrative measures
and actions taken or to be taken by Israel, the occupying Power, that
purport to alter the character and legal status of the occupied Syrian
Golan are null and void, constitute a flagrant violation of international
law and of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War and have no legal effect;
5. Calls once again upon Member States not to recognize any
of the legislative or administrative measures and actions referred
to above;
6. Requests the Secretary-General to bring the present resolution
to the attention of all Governments, the competent United Nations
organs, the specialized agencies, regional intergovernmental organizations
and international humanitarian organizations and to give it the widest
possible publicity, and to report to the Commission on Human Rights
at its fifty-eighth session;
7. Decides to include in the provisional agenda of its fifty-eighth
session, as a matter of high priority, the item entitled "Question
of the violation of human rights in the occupied Arab territories,
including Palestine".
61st meeting
18 April 2001
[Adopted by a roll-call vote of 29 votes to 2, with 21 abstentions.]
In favour: Algeria, Argentina, Burundi, China, Colombia,
Cuba, Ecuador, India, Indonesia, Libyan Arab Jamahiriya, Madagascar,
Malaysia, Mauritius, Mexico, Niger, Nigeria, Pakistan, Qatar, Republic
of Korea, Russian Federation, Saudi Arabia, Senegal, South Africa,
Swaziland, Syrian Arab Republic, Thailand, Venezuela, Viet Nam, Zambia.
Against:
Guatemala, United States of America.
Abstaining:
Belgium, Brazil, Cameroon, Canada, Costa Rica, Czech Republic,
France, Germany, Italy, Japan, Kenya, Latvia, Liberia, Norway, Peru,
Poland, Portugal, Romania, Spain, United Kingdom of Great Britain
and Northern Ireland, Uruguay.
3.
Question of the violation of
human rights in the
occupied Arab territories,
including Palestine
Commission on Human Rights resolution 2001/7
The Commission on Human Rights,
Guided by the purposes and principles of the Charter of the
United Nations as well as by the provisions of the Universal Declaration
of Human Rights,
Guided also by the provisions of the International Covenant
on Economic, Social and Cultural Rights and the International Covenant
on Civil and Political Rights,
Taking into consideration the provisions of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, the provisions of Additional Protocol I thereto, and
the Hague Convention IV of 1907,
Recalling the resolutions of the Security Council, the General
Assembly and the Commission on Human Rights relating to the applicability
of the Geneva Convention relative to the Protection of Civilian Persons
in Time of War to the occupied Palestinian territory, including East
Jerusalem,
Reaffirming the applicability of the Geneva Convention relative
to the Protection of Civilian Persons in Time of War to the occupied
Palestinian territory, including East Jerusalem,
Recalling the General Assembly resolutions on Israeli violations
of human rights in the occupied Palestinian territory, including East
Jerusalem, occupied since 1967,
Recalling also the Vienna Declaration and Programme of Action
adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23),
Welcoming the report of the United Nations High Commissioner
for Human Rights (E/CN.4/2001/114),
Welcoming also the report (E/CN.4/2001/30), dated 21
March 2001, of the Special Rapporteur, Mr. Giorgio Giacomelli (E/CN.4/2001/30),
and his report (E/CN.4/S-5/3) of 17 October 2000 submitted to theits
fifth special session, of the Commission on Human Rightsheld from
17 to 19 October 2000,
Welcoming also further the report (E/CN.4/2001/121)
of March 2001 of the Human Rights Inquiry Commission established pursuant
to Commission on Human Rights resolution S-5/1 of 19 October 2000
(E/CN.4/2001/121),
Expressing its deep concern at the failure of the Government
of Israel to cooperate with the Human Rights Inquiry Commission and
its failure to cooperate with other relevant rapporteurs,
Gravely concerned at the deterioration of the situation in
the occupied Palestinian territories and by the gross violations of
human rights and international humanitarian law, in particular extrajudicial
killings, closures, collective punishments, settlements and arbitrary
detentions,
Expressing its grave concern at the continuing violence and
the resulting deaths and injuries, mostly among Palestinians,
Taking note of the reports of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People
and Other Arabs of the Occupied Territories submitted to the General
Assembly since 1968,
Expressing its grave concern at the continued Israeli refusal
to abide by the resolutions of the Security Council, the General Assembly
and the Commission on Human Rights calling upon Israel to put an end
to the violations of human rights and affirming the applicability
of the Geneva Convention relative to the Protection of Civilian Persons
in Time of War to the occupied Palestinian territory, including East
Jerusalem, occupied by Israel since 1967,
Convinced that the progress made on all major issues during
the last negotiations should form the basis for future talks on permanent
status, and that the basis of negotiations, and of a just and lasting
peace, must be Security Council resolutions 242 (1967) of 22 November
1967 and 338 (1973) of 22 October 1973 and other relevant United Nations
resolutions and include the inadmissibility of acquisition of territory
by war, the need for every State in the area to be able to live in
security and the principle of land for peace,
Recalling all its previous resolutions on the subject, including
the latest, resolutions 2000/6 of 17 April 2000, and resolution S-5/1
of 19 October 2000 adopted at its fifth special session,
1. Expresses its grave concern at the deterioration of the
human rights and humanitarian situation in the occupied Palestinian
territories;
2. Condemns the disproportionate and indiscriminate recourse
to force, which cannot but aggravate the situation and increase an
already high death toll, and urges the Government of Israel to make
every effort to ensure that its security forces observe international
standards regarding the use of force;
3. Strongly deplores the practice of so-called "eliminations",
or extrajudicial killings, of certain Palestinians carried out by
the Israeli security forces, which are not only a violation of human
rights norms and contrary to the rule of law, but are also damaging
for the relationship between the parties and therefore obstacles to
peace, and urges the Government of Israel to respect international
law and cease this practice;
4. Expresses its grave concern at the closures of and within
the Palestinian territories, which contribute together with other
factors to the unrest and violence that have been prevailing in the
zone for several months, calls upon the Government of Israel immediately
to put an end to the practice of closures and reiterates that collective
punishment is prohibited under international law;
5. Expresses its concern at the large number of persons, including
children, who have been detained during recent months and at the continued
detention of some detainees without any criminal charges having been
brought against them;
6. Expresses its grave concern at the Israeli settlement activities
in the occupied territories, including Jerusalem, such as the construction
of new settlements and the expansion of existing ones, the expropriation
of land, the biased administration of water resources, the construction
of roads and house demolitions, all of which violate human rights
and international humanitarian law, besides being major obstacles
to peace, urges the Government of Israel to implement the relevant
United Nations resolutions as well as the recommendation of the Commission
regarding the Israeli settlements, and calls on the Israeli security
forces to ensure the protection of the population in the occupied
territories, including preventing, investigating and prosecuting acts
of violence committed by Israeli settlers;
7. Reaffirms that the Geneva Convention relative to the Protection
of Civilian Persons in Time of War is applicable to the Palestinian
territory and other Arab territories occupied by Israel since 1967,
including East Jerusalem, and considers any change in the geographical
and demographic status of the city of East Jerusalem from its situation
prior to the June 1967 war to be illegal and void;
8. Condemns the expropriation of Palestinian homes in Jerusalem,
the revocation of identity cards of the citizens of the Palestinian
city of Jerusalem, the imposition of fabricated and exorbitant taxes
with the aim of forcing the Palestinian citizens of Jerusalem, who
cannot afford to pay these high taxes, out of their homes and out
of their city, preparing in this way the path for the Judaization
of Jerusalem, and calls upon the Government of Israel to put an end
immediately to these practices;
9. Also condemns the use of torture against Palestinians during
interrogation, as it constitutes a grave breach of the principles
of international humanitarian law and the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, and
calls upon the Government of Israel to put an end immediately to such
practices;
10. Welcomes the efforts of the Government of Switzerland,
in its capacity as depositary of the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, of 12 August 1949,
to consult the High Contracting Parties to the Convention on the reconvening
of the adjourned Conference of the High Contracting Parties to the
Fourth Geneva Convention, and looks forward to their early conclusion
on the basis of agreement by a large majority of the Parties and in
accordance with the statement ofadopted on 15 July 1999 by the Conference
issued upon the adjournment, with a view to fulfilling the joint obligation
of the High Contracting Parties to ensure respect for the Fourth Geneva
Convention and to improve the deteriorating humanitarian situation
on the ground;
11. Calls upon Israel, the occupying Power, to desist from
all forms of violation of human rights in the occupied Palestinian
territory, including East Jerusalem, and other occupied Arab territories,
and to respect the bases of international law, the principles of international
humanitarian law, its international commitments and the agreements
it signed with the Palestine Liberation Organization;
12. Also calls upon Israel to withdraw from the Palestinian
territory, including East Jerusalem, occupied since 1967, in accordance
with the relevant resolutions of the United Nations and the Commission
on Human Rights, as a basic condition for achieving a just, lasting
and comprehensive peace in the Middle East;
13. Calls upon the relevant United Nations organs urgently
to consider the best ways to provide the necessary international protection
for the Palestinian people until the cessation of the Israeli occupation
of its territories;
14. Welcomes the recommendations contained in the report of
the United Nations High Commissioner for Human Rights and those contained
in the report of the international commission of Human Rights Inquiry
Commission, urges the Government of Israel to implement them and requests
the Special Rapporteur on the situation of human rights in the Palestinian
territories occupied by Israel since 1967, acting as a monitoring
mechanism, to follow up on the implementation of those recommendations
and to submit reports thereon to the General Assembly at its fifty-sixth
session and the Commission at its fifty-eighth session;
15. Requests the Secretary-General to bring the present resolution
to the attention of the Government of Israel and all other Governments,
the competent United Nations organs, the specialized agencies, regional
intergovernmental organizations and international humanitarian organizations,
to disseminate it on the widest possible scale and to report on its
implementation by the Government of Israel to the Commission on Human
Rights at its fifty-eighth session;
16. Also requests the Secretary-General to provide the Commission
on Human Rights with all United Nations reports issued between the
sessions of the Commission that deal with the conditions in which
the citizens of the Palestinian and other occupied Arab Territories
are living under the Israeli occupation;
17. Decides to consider this question at its fifty-eighth session
under the same agenda item, as a matter of high priority.
61st
meeting
18 April 2001
[Adopted by a roll-call vote of 28 votes to 2, with 22 abstentions.]
In favour: Algeria, Brazil, China, Colombia, Cuba,
India, Indonesia, Kenya, Libyan Arab Jamahiriya, Madagascar, Malaysia,
Mauritius, Mexico, Niger, Nigeria, Pakistan, Peru, Qatar, Republic
of Korea, Saudi Arabia, Senegal, South Africa, Swaziland, Syrian Arab
Republic, Thailand, Venezuela, Viet Nam, Zambia.
Against:
Guatemala, United States of America.
Abstaining: Argentina, Belgium,
Burundi, Cameroon, Canada, Costa Rica, Czech Republic, Ecuador, France,
Germany, Italy, Japan, Latvia, Liberia, Norway, Poland, Portugal,
Romania, Russian Federation, Spain, United Kingdom of Great Britain
and Northern Ireland, Uruguay.
4.
Israeli settlements in the
occupied Arab territories
Commission on Human Rights resolution 2001/8
The Commission on Human Rights,
Reaffirming that all Member States have an obligation to promote
and protect human rights and fundamental freedoms as stated in the
Charter of the United Nations and as elaborated in the Universal Declaration
of Human Rights, the International Covenants on Human Rights and other
applicable instruments,
Mindful that Israel is a party to the Geneva Convention relative
to the Protection of Civilian Persons in Time of War, of 12 August
1949, which is applicable to Palestinian and all Arab territories
occupied by Israel since 1967, including East Jerusalem,
Recalling its previous resolutions, most recently resolution
2000/8 of 17 April 2000, in which, inter alia, it reaffirmed
the illegality of the Israeli settlements in the occupied territories,
Expressing its concern regarding the security risks related
to the presence of the settlements in the occupied territories,
1. Welcomes:
(a) The reports of the Special Rapporteur on the situation
of human rights in the Palestinian territories occupied by Israel
since 1967 (E/CN.4/S-5/3 and E/CN.4/2001/30) and calls upon the Government
of Israel to cooperate with the Special Rapporteur to allow him fully
to discharge his mandate;
(b) The report of the United Nations High Commissioner for
Human Rights on her visit to the occupied Palestinian territories,
Israel, Egypt and Jordan from 8 to 16 November 2000 (E/CN.4/2001/114);
(c) The report of the Human Rights Inquiry Commission established
pursuant to Commission on Human Rights resolution S-5/1 of 19 October
2000 (E/CN.4/2001/121);
2. Expresses its grave concern:
(a) At the continuing Israeli settlement activities, including
the expansion of the settlements, the installation of settlers in
the occupied territories, the expropriation of land, the demolition
of houses, the confiscation of property, the expulsion of Palestinians
and the construction of bypass roads, which change the physical character
and demographic composition of the occupied territories, including
East Jerusalem, since all these actions are illegal, constitute a
violation of the Geneva Convention relative to the Protection of Civilian
Persons in Time of War and are a major obstacle to peace;
(b) At and strongly condemns all acts of terrorism and violence;
(c) At the closures of and within the Palestinian territories
which contribute, together with other factors, to the unrest and violence
that have been prevailing in the zone for several months;
3. Urges the Government of Israel:
(a) To comply fully with the previous Commission resolutions
on the subject, most recently resolution 2000/8 of 17 April 2000;
(b) To take concrete actions to fulfil its obligations and
cease completely its policy of expanding the settlements and related
activities in the occupied territories, including East Jerusalem;
(c) To forgo and prevent any new installation of settlers in
the occupied territories;
(d) To implement the recommendations regarding the settlements
made by the United Nations High Commissioner for Human Rights in her
report, including to ensure that the Israeli security forces protect
Palestinians from violence perpetrated by Israeli settlers;
4. Urges the parties to create the conditions which will allow
the resumption of the peace process, building on the full implementation
of previous agreements and the progress that was made on all major
issues during the last negotiations between the Government of Israel
and the Palestinian Authority, in order to find a just and lasting
peace based on Security Council resolutions 242 (1967) of 22 November
1967 and 338 (1973) of 22 October 1973 and other relevant United Nations
resolutions, including the inadmissibility of acquisition of territory
by war, the need for every State in the area to be able to live in
security, and the principle of land for peace;
5. Decides to continue its consideration of this question at
its fifty-eighth session.
6lst meeting
18 April 2001
[Adopted by a roll-call vote of 50 votes to 1, with 1 abstention.]
In favour:
Algeria, Argentina, Belgium, Brazil, Burundi, Cameroon, Canada,
China, Colombia, Cuba, Czech Republic, Ecuador, France, Germany, Guatemala,
India, Indonesia, Italy, Japan, Kenya, Latvia, Liberia, Libyan Arab
Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria,
Norway, Pakistan, Peru, Poland, Portugal, Qatar, Republic of Korea,
Romania, Russian Federation, Saudi Arabia, Senegal, South Africa,
Spain, Swaziland, Syrian Arab Republic, Thailand, United Kingdom of
Great Britain and Northern Ireland, Uruguay, Venezuela, Viet Nam,
Zambia.
Against:
United States of America.
Abstaining: Costa Rica
5. Human rights situation
of the Lebanese detainees in Israel
Commission on Human Rights resolution 2001/10
The Commission on Human Rights,
Taking note of the report of
the Secretary-General on the implementation of Security Council resolutions
425 (1978) and 426 (1978) of 19 March 1978 (S/2000/460), in particular
paragraphs 7, 8, 12, 14, 16, 17, 21 and 48, endorsed by the Security
Council (S/PRST/2000/18),
Gravely concerned at the persistent violation by Israel of
the principles of international law regarding the protection of human
rights, in particular those contained in the Universal Declaration
of Human Rights, as well as the grave violation of the relevant provisions
of international humanitarian law contained in the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, and the Additional Protocols thereto,
Censuring breaches by Israel of the sovereignty and territorial
integrity of Lebanon,
Hoping that the efforts to implement the Security Council resolutions
on the occupied Arab territories, including resolutions 242 (1967)
of 22 November 1967 and 338 (1973) of 22 October 1973, and to achieve
peace in the Middle East will put an end to the violations of human
rights being committed by Israel and that the peace negotiations will
be resumed and conducted with a view to reaching a just and comprehensive
peace in the region,
Gravely concerned about the tens of thousands of landmines
left behind by Israel in southern Lebanon, which have so far caused
tensdozens of deaths and injuries to civilians, including women and
children,
Deploring the failure of the Government of Israel to submit
all the maps showing the deployment of those landmines,
Condemning the persistent detention, ill-treatment and torture
by Israel of many Lebanese civilians who were abducted and detained
in Lebanon and subsequently transferred to prisons in Israel,
Expressing its indignation at the ruling handed down on 4 March
1998 by the Supreme Court of Israel permitting the Israeli authorities
to retain Lebanese detainees in Israeli prisons without trial and
to hold them as hostages and for bargaining purposes and the recent
renewal of their incommunicado detention, which constitutes a flagrant
violation of the principles of human rights,
Reaffirming its resolution 2000/16 of 18 April 2000, and expressing
its deep regret at the failure of the Government of Israel to implement
that resolution fully,
1. Calls upon the Government of Israel to comply with the Geneva
Conventions of 12 August 1949 relating tofor the protection of victims
of war, of 12 August 1949 and the Additional Protocols thereto;
2. Also calls upon the Government of Israel to refrain from
holding the detained Lebanese citizens incarcerated in its prisons
as hostages for bargaining purposes and to release them immediately,
in compliance with all the Geneva Conventions of 12 August 1949 and
other provisions of international law;
3. Affirms the obligation of Israel to commit itself to allowing
the International Committee of the Red Cross to visit the detainees
regularly, as well as to allowing other international humanitarian
organizations to do so and to verify their sanitary and humanitarian
conditions and, in particular, the circumstances of their detention;
4. Further calls upon the Government of Israel to submit to
the United Nations Interim Force in Lebanon all the maps of the landmine
fields laid throughout the civilian villages, fields and farms, causing
casualties among civilians, including children and women, and obstructing
the resumption of normal life in the area;
5. Requests the Secretary-General:
(a) To bring the present resolution to the attention of the
Government of Israel and to call upon the Government it to comply
with its provisions;
(b) To report to the General Assembly at its fifty-sixth session
and to the Commission at its fifty-eighth session on the results of
his efforts in this regard;
6. Decides to continue its consideration of the situation of
the Lebanese detainees in Israel at its fifty-eighth session.
62nd meeting
18 April 2001
[Adopted by a roll-call vote of 33 votes to 1, with 19 abstentions.]
In favour: Algeria, Argentina,
Brazil, Burundi, China, Colombia, Costa Rica, Cuba, Democratic Republic
of the Congo, Ecuador, India, Indonesia, Kenya, Libyan Arab Jamahiriya,
Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Pakistan,
Peru, Qatar, Saudi Arabia, Senegal, South Africa, Swaziland, Syrian
Arab Republic, Thailand, Uruguay, Venezuela, Viet Nam, Zambia.
Against: United States of
America.
Abstaining:
Belgium, Cameroon, Canada, Czech Republic, France, Germany,
Guatemala, Italy, Japan, Latvia, Liberia, Norway, Poland, Portugal,
Republic of Korea, Romania, Russian Federation, Spain, United Kingdom
of Great Britain and Northern Ireland
