HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON THE HUMAN RIGHTS SITUATION IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES

The Human Rights Council this afternoon held a general debate on the human rights situation in Palestine and other Occupied Arab Territories after the High Commissioner for Human Rights presented reports on the subject.

Navi Pillay, High Commissioner for Human Rights, presented four reports to the Human Rights Council which concerned the human rights situation in Palestine and other occupied Arab territories. Human Rights Council resolution 13/5 on human rights in the occupied Syrian Golan requested the Secretary-General to bring the content of the resolution to the attention of all Governments, United Nations organs, and specialised agencies, regional organizations and international humanitarian organizations. In order to submit a more comprehensive report on the human rights situation in the future, the Office of the High Commissioner for Human Rights would seek access to the occupied Syrian Golan from the Government of Israel. The second report related to Council resolution 15/6 and contained information regarding the status of implementation of this resolution as of December 2010. The Committee of Independent Experts had been established and would present its report during the current session.

The High Commissioner also presented the report on the implementation of the conclusions of the independent international fact-finding mission in the incident of the humanitarian flotilla. While the High Commissioner welcomed the establishment of the Türkel Public Commission by Israel, Ms. Pillay disagreed with three legal interpretations of this Commission, namely that Israel’s blockade of Gaza was legal; that human rights obligations did not apply to the blockade or extraterritorial actions to enforce it; and its conclusion that the civilians on board of the Mavi Marmara had been taking direct part in the hostilities between Hamas and Israel. The fourth report before the Council was the periodic report of the High Commissioner on the situation of human rights in the Occupied Palestinian Territory, based primarily on monitoring carried out by the Office of the High Commissioner for Human Rights field presence and focused on East Jerusalem and Gaza. The report highlighted several issues of particular concern, including Israel’s enforcement of the so-called buffer zone inside Gaza through use of live fire; killings in the course of Israeli military and security operations; violence committed by Israeli settlers against Palestinians; and the arrest and detention of Palestinian children by Israeli authorities. The report also called attention to human rights concerns on the Palestinian side, especially in Gaza, which included arbitrary detention and torture, use of the death penalty and the curtailment of space of Palestinian civil society and the national human rights institution.

Speaking as a concerned country, Israel said it was a democratic State that honoured the rule of law and it was still the only democracy in the Middle East. Sadly, there were more than enough human rights issues in the region and around the world today to keep this Council busy and the goal should be to ensure that these incidents were properly addressed in a meaningful manner. The Human Rights Council should use its valuable time for other, more pressing human rights concerns.

Also speaking as a concerned country, Palestine welcomed the report of the High Commissioner for Human Rights and said that what she and her delegation had witnessed during their visit was settlement expansion, land confiscation, the attempt to build the apartheid wall, continuing detention inside Israel, the destruction of Palestinian private and public property in East Jerusalem and other gross violations of international law and all relevant international resolutions.

In another statement from a concerned country, Syria said that despite all the condemnations, Israel continued to violate rights and occupy the Syrian Golan; the cause of the occupied Syrian Golan was a just one by those who had been deprived of their rights for decades. Illegal settlements were being built in the Syrian Golan and Occupied Palestinian Territories and Syria reminded the Council of the Security Council resolution which said that Israel’s occupation was illegal.

Speaking as a concerned country, Turkey said that instead of taking steps to redress the situation created by its wrongdoings, Israel had indulged in activities to justify the ominous attack on the humanitarian flotilla. The increasing credibility and authority of the Council could not succumb to the whims of perpetrators of human rights violations. The Council was duty bound to pursue this case until justice was done.

During the general debate speakers said that the Middle East and the world were witnessing an important transformation with potentially historic consequences. The question that everyone outside the Council was asking was whether the winds of change would also blow in Israel and the Occupied Palestinian Territories, injecting the much needed oxygen and energy to the efforts to achieve, at long last, a just and comprehensive peace, or would this conflict continue to defy the lessons of history, humanity and international law. In the last 43 years, Israel had pursued a policy of wanton repression in the Occupied Palestinian Territories through the disproportionate use of force, the deliberate destruction of infrastructure, the killing of civilians and illegal settlement activities that could only be described as a manifestation of state terrorism and crimes against humanity. Other speakers noted the importance of the right to self-determination and said that the international community should work to ensure the enjoyment of this right by the Palestinian people. Delegations also expressed concern about Israel’s occupation of the Syrian Golan Heights, the arrest and detention of Palestinian children by Israeli Defence Forces and the demolition of Palestinian homes.

It was also noted that the issues faced by the people in the Middle East could never be solved through violence but only through negotiations and efforts to build mutual trust among parties and speakers called on all parties to make further efforts to achieve a comprehensive peace in the Middle East. Other speakers called for the establishment of two States with East Jerusalem as the capital of Palestine, while others noted that the Gaza blockade represented a form of collective punishment and the tragic flotilla incident of last spring underscored the need to act quickly to achieve a just and lasting peace in the region.

Speaking during the general debate were representatives of Egypt on behalf of the Non-Aligned Movement, Pakistan on behalf of the Organization of the Islamic Conference, Hungary on behalf of the European Union, Nigeria on behalf of the African Group, Iraq on behalf of the Arab Group, South Africa on behalf of India, Brazil and South Africa, Jordan, Saudi Arabia, Bahrain, United States, Russian Federation, Japan, Switzerland, China, Cuba, Malaysia, Norway, Qatar, Maldives, Thailand, Pakistan, Bangladesh, Algeria, Egypt, Iran, Oman, Morocco, Sri Lanka, Indonesia, United Arab Emirates, Afghanistan, Lebanon and the League of Arab States.

Representatives from the following non-governmental organizations also took the floor: BADIL Resource Centre for Palestinian Residency and Refugee Rights, North South XXI, Coordinating Board of Jewish Organizations, World Union for Progressive Judaism, Commission of the Churches on International Affairs World Council of Churches, Mouvement contre le racisme et pour l’amitie entre les Peuples (MRAP), Indian Movement ‘Tupaj Amaru, Maarij Foundation for Peace and Development (MFPD), Organization for Defending Victims of Violence, United Towns Agency for North-South Cooperation, Foundation for Human Rights and Freedoms and Humanitarian Relief, International Federation for Human Rights League, European Union of Jewish Students, Gherush 92, Committee for Human Rights and Cobase, Cairo Institute for Human Rights Studies, and United Nations Watch.

When the Council reconvenes on Tuesday, 22 March at 9 a.m. it will hold non-stop meetings from 9 a.m. to 6 p.m. during which it will hold general debates on agenda item 8, follow-up and implementation of the Vienna Declaration and Programme of Action, and agenda item 9 on racism, racial discrimination, xenophobia and related forms of intolerance and follow-up and implementation of the Durban Declaration and Programme of Action. The Council will also hear the presentation of the report of the eighth session of the Intergovernmental Working Group on Durban Follow-up.

Documentation

The Report of the Secretary-General on human rights in the occupied Syrian Golan, (A/HRC/16/25), is submitted pursuant to Human Rights Council resolution 13/5 of 24 March 2010, in which the Council reaffirmed inter alia, that the decision of Israel to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void, and constitutes a flagrant violation of international law.

The Report of the Office of the United Nations High Commissioner for Human Rights on the implementation of paragraph 3 of Human Rights Council resolution 15/1 on follow-up to the report of the international fact-finding mission on the incident of the humanitarian flotilla, (A/HRC/16/73), provides information on the status of implementation of paragraph 3 of Human Rights Council resolution 15/1 on follow-up to the report of the independent international fact-finding mission on the incident of the humanitarian flotilla.

Information received from Member States, (A/HRC/16/73/Add.1), provides information received from Member States pursuant to paragraph 8 of the report of the United Nations High Commissioner for Human Rights on the implementation of paragraph 3 of Human Rights Council resolution 15/1 on follow-up to the report of the independent international fact-finding mission on the incident of the humanitarian flotilla (A/HRC/16/73).

The High Commissioner’s Periodic Report in Accordance with Human Rights Council Resolutions S-9/1 and S-12/1, (A/HRC/16/71), is the High Commissioner’s third periodic report on the human rights situation in the Occupied Palestinian Territory submitted in light of Human Rights Council resolutions S-9/1 and S-12/1.

The Report of the High Commissioner on the implementation of Human Rights Council Resolution 15/6, (A/HRC/16/28), provides information on the implementation of Human Rights Council resolution 15/6. It reviews the key paragraphs of resolution 15/6 and the status of their implementation.

Presentation of Reports by High Commissioner for Human Rights

NAVI PILLAY, United Nations High Commissioner for Human Rights, presented four reports to the Human Rights Council under agenda item 7, which concerned the human rights situation in Palestine and other occupied Arab territories. Human Rights Council resolution 13/5 on human rights in the occupied Syrian Golan, requested the Secretary-General to bring the content of the resolution to the attention of all Governments, United Nations organs, and specialised agencies, regional organizations and international humanitarian organizations. In order to submit a more comprehensive report on the human rights situation in the future, the Office of the High Commissioner for Human Rights would seek access to the occupied Syrian Golan from the Government of Israel. The second report related to Council resolution 15/6 and contained information regarding the status of implementation of this resolution as of December 2010. The Committee of Independent Experts had been established and would present its report during the current session. The report on the implementation of the conclusions of the independent international fact-finding mission in the incident of the humanitarian flotilla was also presented. While the High Commissioner welcomed the establishment of the Türkel Public Commission by Israel, Ms. Pillay disagreed with three legal interpretations of this Commission, namely that Israel’s blockade of Gaza was legal; that human rights obligations did not apply to the blockade or extraterritorial actions to enforce it; and its conclusion that the civilians on board of the Mavi Marmara had been taking direct part in the hostilities between Hamas and Israel.

The fourth report before the Council was the periodic report of the High Commissioner on the situation of human rights in the Occupied Palestinian Territory, based primarily on monitoring carried out by the Office of the High Commissioner for Human Rights field presence and focused on East Jerusalem and Gaza. The report highlighted several issues of particular concern, including Israel’s enforcement of the so-called buffer zone inside Gaza through use of live fire; killings in the course of Israeli military and security operations; violence committed by Israeli settlers against Palestinians; and the arrest and detention of Palestinian children by Israeli authorities. The report also called attention to human rights concerns on the Palestinian side, especially in Gaza, which included arbitrary detention and torture, use of the death penalty and the curtailment of space of Palestinian civil society and the national human rights institution. The High Commissioner then shared some of the observations from her mission to Israel and Palestine last month. Many of the activities of the Israeli authorities in the Occupied Palestinian Territories continued to be in contravention of international humanitarian law and human rights laws. During the visit to Gaza, the High Commissioner witnessed the devastating impact of Israel’s blockade and reiterated that the blockade was illegal and must be lifted. Also, the indiscriminate rocket attacks from Gaza must stop. Throughout the mission, Ms. Pillay had raised the questions of accountability for crimes committed during Operation Cast Lead, accountability for Israeli Defence Forces and accountability for violence perpetrated by Israeli settlers against Palestinians and their properties. Ending impunity was an urgent priority. The politics of conflict, peace and security must not lead to setting aside of international humanitarian law and human rights law, said the High Commissioner, and urged all parties to the conflict and the international community to be more committed to fulfilling their international obligations.

Statements by Concerned Countries

AHARON LESHNO-YAAR (Israel), speaking as a concerned country, said Israel was a democratic State that honoured the rule of law and was still the only democracy in the Middle East. Few States opened truly independent investigations and showed respect to domestic and international legal obligations, but Israel’s legal system understood how to behave when incidents such as the issue of the IHH-led flotilla arose. In fact, Israel had named an independent Commission only two weeks after the flotilla event. Over its six months of work, the Commission had heard from key Government and military officials, non-governmental organizations and individuals, including two Israeli citizens on the flotilla. The Commission had specifically invited both the Captain of the Mavi Marmara and the head of the Turkish non-governmental organization that organized the flotilla, IHH, to appear before it, but received no reply. The Commission had found that Israel’s naval blockade had been legal and that the actions taken by Israeli security personnel had been legal. The report of the Commission also concluded that the Turkish non-governmental organization IHH, the main organizer of the flotilla, “alongside its humanitarian activities provides support to radical-Islamic and anti-Western terrorist organizations”. Were the IHH to have had solely a humanitarian agenda, it could have acted to transfer humanitarian assistance to the Gaza Strip through acceptable channels that had been used with much success. Its choice of using flotillas of hate, however, had been intended to cause a dangerous provocation liable to further destabilize the situation in the Middle East. Sadly, there were more than enough human rights issues in the region and around the world today to keep this Council busy and the goal should be to ensure that these incidents were properly addressed in a meaningful manner. Israel’s independent Commission had carefully and seriously addressed the humanitarian and human rights issues regarding the flotilla incident, and Israel remained committed to working with the United Nations in New York. The Human Rights Council should use its valuable time for other, more pressing human rights concerns.

IBRAHIM KHRAISHI (Palestine), speaking as a concerned country, corrected the Ambassador of Israel when saying that Israel was the only democratic country of the Middle East region. How could a State that occupied another State and flaunted the human rights of Palestinians be democratic? Palestine welcomed the report of the High Commissioner for Human Rights and said that her visit was in response to an invitation from the Palestinian leader and this was an important occasion to address the situation of human rights in Palestine and Israel. The High Commissioner through her independent and impartial mandate expressed the need to uphold international law and the rule of law drawn up for the implementation and realization by all parts equally. On 11 February 2011 the conference that took place in Palestine was instrumental to draw up the violations against the Palestinian people, particularly the violations of the Fourth Geneva Convention applicable to the occupied Palestinian territories, including Jerusalem. What the High Commissioner and her delegation witnessed was the settlement expansion, lands confiscation, the attempt to build the apartheid wall, the continuing detention inside Israel, the destruction of Palestinian private and public property in East Jerusalem and other gross violations of international law and all relevant international resolutions. The High Commissioner also listened to a presentation by the Palestine leaders on legal measures that were being taken to protect human rights in Palestine and their readiness to abolish the legislation on capital punishment and honour killings. They were still waiting for the implementation of the recommendations of the Goldstone report and the preparation of legal models for the establishment of compensation funds. Palestine reiterated the importance of the conclusions of the Independent Committee on the attacks on the humanitarian flotilla and reiterated their appreciation for the work of the High Commissioner.

FAYSAL KHABBAS HAMOUI (Syria), speaking as a concerned country, said Syria thanked the High Commissioner for her statement and for having requested the authorities to allow for the Committee of Inquiry to visit the Syrian Golan. Syria would fully cooperate with this task. Syria reminded the Human Rights Council of the conclusions reached by the international investigation in Israel’s practices, which concluded that there was widespread impunity in Israel which had contributed to the ongoing violations. This testimony by an international Committee was proof of abuse of power practised by Israel, the occupying power. Other committees had also described the crimes of Israel as tantamount to war crimes and crimes against humanity. Despite all the condemnations, Israel continued to violate rights and occupy the Syrian Golan. According to Israel, it had a special position which had put it above the international humanitarian law and that it could not be held to accountability.

The cause of the occupied Syrian Golan was a just cause by those who had been deprived of their rights for decades. There was silence by some vis-à-vis crimes committed in the Syrian Golan and Palestine. Illegal settlements were being built in the Syrian Golan and Occupied Palestinian Territories and Syria reminded the Council of the United Nations Security Council resolution which said that Israel’s occupation was illegal. Syrian prisoners in Israeli prisons must not be forgotten, and the harsh conditions that were flaunting the most fundamental international conventions. One of the latest violations that had taken place involved a Syrian doctor and his son who had been sentenced to five years imprisonment for expressing their opinion. A single Syrian in Israeli prisons was unacceptable for Syria. Syria reaffirmed its commitment to continue to pursue the issue at the Human Rights Council, with the support of all those who believed in human rights, until Israel put an end to human rights violations and an end to the occupation of the Syrian Golan and other occupied territories.

OGUZ DEMIRALP (Turkey), speaking as a concerned country, said instead of taking steps to redress the situation created by its wrongdoings, Israel had indulged in activities to justify the ominous attack on the humanitarian flotilla. In this context, a televised visit had been paid to the commandos who had attacked the flotilla and they had been praised for their professionalism, heroism and restraint. In other words: Israelis had been treated as heroes for killing civilians and congratulated for their restraint for killing not more than nine civilians. Against this background, Israeli authorities had themselves produced a report on the flotilla raid. The report written by the Turkel Commission was however a bad joke which did not make Turkey laugh. Israeli authorities had purported to play the role of judge in a case where they had the status of the accused and the attempts of some Israeli authorities to publicly promote this report as the objective one added insult to injury. The Council, for its part, was facing a double challenge: first, the refusal of a country to cooperate with the Council by not implementing the relevant resolution, and, second, the refusal of the same country to redress the human rights violations committed by its agents. The increasing credibility and authority of the Council could not succumb to the whims of perpetrators of human rights violations. The Council was duty bound to pursue this case until justice was done. The file of the flotilla raid could not be left open and forgotten: an open file meant an open wound, and the wound was still bleeding.

General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories

MAHMOUD AFIFI (Egypt), speaking on behalf of the Non-Aligned Movement, said that the Middle East and the whole world were witnessing important transformations offering prospects for a brighter future and marking new beginnings with potential historic consequences. The question that everyone outside this chamber posed was whether the winds of change would also blow in Israel and the Occupied Palestinian Territories, injecting the much needed oxygen and energy to the efforts to achieve, at long last, a just and comprehensive peace, or would this conflict continue to defy the lessons of history, humanity and international law. This remained an open question. The Non-Aligned Movement concurred with the affirmation by the High Commissioner during her visit in the region last February that international human rights law and international humanitarian law were not negotiable and that no individual or state could be considered exempt if they violated the law. In her third periodic report, the High Commissioner stated that the recommendations made by the Secretary-General and by herself in recent reports on the Occupied Palestinian Territory remained valid and needed to be implemented as a matter of urgency, and so did the recommendations in the report of the United Nations fact-finding mission on the Gaza conflict. The Non-Aligned Movement reaffirmed that the continuing Israeli occupation of the Palestinian territories per se represented a flagrant violation of human rights of Palestinians as it deprived them from exercising their legitimate right to self-determination. The Non-Aligned Movement supported the draft resolutions presented by the Organization of the Islamic Conference and called for their adoption by consensus. The Non-Aligned Movement reaffirmed the commitment of the Movement for a comprehensive solution to the Palestinian problem in the framework of a just and lasting peace that realized the legitimate aspirations of the Palestinian people for self-determination and for establishing their own State with East Jerusalem as its capital, providing security for all.

ASIM VETIKHAR AHMAD (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the Organization of the Islamic Conference welcomed the presentation of the High Commissioner and supported her remarks that international law and international humanitarian law were not negotiable. In the last 43 years, Israel, the occupying power had pursued a policy of wanton repression in the Occupied Palestinian Territories through the disproportionate use of force, deliberate destruction of infrastructure, killing of civilians, or illegal settlement activities. Those could only be described as a manifestation of State terrorism and crimes against humanity. The Organization of the Islamic Conference reaffirmed the demand of the international community to end the occupation of Palestine and establish the independent and sovereign State of Palestine with East Jerusalem as its capital. The Organization of the Islamic Conference called upon the international community to extend all support to the Palestinian National Authority in their efforts to put an end to the occupation and realize the legitimate rights of the Palestinians. The Organization of the Islamic Conference condemned the ongoing illegal settlement activities in the Occupied Palestinian Territories and the Syrian Golan and demanded that Israel stop the establishment and maintenance of the settlements. Israel should release all Palestinian prisoners, particularly women, children and the members of the Palestinian parliament. The Organization of the Islamic Conference called upon Israel to immediately lift the siege on Gaza and facilitate free movement of persons and goods. The human rights situation in the Syrian Golan was deteriorating as a result of the Israeli occupation which continued to violate the rights of the Syrian population. The Organization of the Islamic Conference would be tabling its traditional resolution on Palestine that covered the subjects of the right to self-determination of Palestinian people, Israeli settlements and Israeli violations of human rights in the Occupied Palestinian Territories.

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union, said the European Union and the Quartet, together with other key players had increased recent efforts for a two-State solution with a sovereign, independent, democratic, contiguous and viable State of Palestine living side-by-side with Israel and its other neighbours in peace and security. The European Union would not recognize any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parities. The European Union called for a halt to all violence and recalled that the lack of political progress in the resolution of the conflict undermined the security of all. The European Union was concerned that unarmed Palestinian civilians, including children, continued to be victims of actions by Israeli forces leading to deaths or serious injuries. The European Union could not accept that Palestinians faced forcible transfers as a result of house demolitions, forced evictions and deportations. The Israeli solider Gilad Shalit should be released without delay and the International Committee of the Red Cross should be allowed to visit him immediately. The European Union supported efforts towards Palestinian national reconciliation as a necessity for the fulfillment of human rights, including the right to participate in free, fair and democratic elections that were open to all. The European Union called for concrete steps for a stronger protection of international human rights and international humanitarian law and better accountability when violations occurred, all with the support of the Human Rights Council.

FRANK ISOH (Nigeria), speaking on behalf of the African Group, said that the African Group was deeply concerned about the grave human rights situation in the Occupied Palestinian Territory, the Syrian Golan and other Occupied Arab territories. It was indeed disturbing that over the past four decades, the Israeli authorities had maintained a policy of willful repression in the Occupied Palestinian Territories by means of disproportionate force, intentional destruction of infrastructure, killing of innocent civilians, illegal settlement activities in the Occupied Palestinian territories and obliteration of religious and cultural heritage of Palestine. The continuous flagrant violations by Israel, the occupying power, of the legitimate and inalienable rights of the Palestinian people, in particular the most fundamental rights to life and to self-determination, was a clear violation of the United Nations Charter, the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social and Cultural Rights. The African Group called upon the international community to continue to extend necessary support to the Palestinian National Authority in its efforts to put an end to the occupation.

MOHAMED ALI ALHAKIM (Iraq), speaking on behalf of the Arab Group, said that in keeping with the resolution of the United Nations the Arab Group reiterated the right of Palestinian refugees to return to their country. The Arab Group called upon the international community to ensure that the rights of Palestinians were protected in accordance with the relevant international laws and conventions. The Arab Group called upon Israel to immediately put an end to practices against the Palestine people and for an immediate end to settlements and the extensions of colonies. The Arab Group also called for an end to the blockade against Gaza, the search in homes, an end to the building of the separation wall and an end to the destruction of the most famous landmarks of Jerusalem. International efforts were required to find solutions and the Arab Group called for the two States solution and the creation of an independent Palestinian State. During the visit of the High Commissioner to the region, Ms. Pillay reiterated the need for respect of international humanitarian law and international human rights law and said that the measures to extend settlements were illegal and illegitimate acts. The annexation of East Jerusalem was clearly in contravention with international conventions, said the Arab Group and called upon the Human Rights Council and international community to take all necessary actions to impel the occupying force to comply with its international obligations and put an end to the systematic violations of human rights. The Arab Group condemned the practice of illegitimate and illegal settlements in the Syrian Golan.

LUVUYO NDIMENI (South Africa), speaking on behalf of India, Brazil and South Africa, said that they regretted the lack of cooperation by Israel with the independent international fact finding mission established by the Human Rights Council. Regarding the Israeli attacks on the humanitarian flotilla going to Gaza, they called upon all relevant parties to ensure accountability for the violations and adequate compensation for the victims and their families. The situation in Gaza remained a grave concern and the change in policies on the movement of goods was not enough to stop the deterioration of the humanitarian and human rights situation. India, Brazil and South Africa called upon Israel to lift the blockade on the Gaza Strip and to alleviate circulation restrictions on the movement of people and goods both in Gaza and in the West Bank. They were concerned at the rising tensions in the West Bank and East Jerusalem from the violence of Israeli settlers against Palestinians and their properties and the demolition of Palestinian homes. India, Brazil and South Africa were sponsoring projects in Palestine such as the construction of a multipurpose sports center in Ramallah, the creation of a Palestinian Youth Sports League and the construction of a centre for people with special needs in Nablus, Palestine.

MUTAZ FALEH HYASSAT (Jordan) sincerely thanked the High Commissioner for presenting her periodic report. Sadly, the report continued to give a bleak and alarming picture of the situation of human rights in the Occupied Palestinian Territories due to the ongoing violations of Israel, the occupying power. This had been compounded in the reports of the Secretary-General and the High Commissioner on the situation in the Occupied Palestinian Territories, as well as those provided by the Goldstone report. This had also been confirmed by the outcome of the recent visit of the High Commissioner to the Occupied Palestinian Territories. In this context, Jordan welcomed the visit and commended the High Commissioner for according great attention to the plight of the Palestinian people. The international community had to live up to the task and shoulder its responsibility to end the occupation and ensure the realization of the human rights of Palestinian people, most especially the right to self-determination, and the establishment of an independent, viable and territorially contiguous state in the entire West Bank and Gaza Strip, that lived side by side in peace and security with Israel.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said Saudi Arabia reminded the international community of the catastrophic situation of the populations in the Occupied Palestinian Territories and the Occupied Syrian Golan, due to the illegal practices of Israel. The violations of the United Nations Charter by Israel undermined any chances of peace. Saudi Arabia welcomed the visit of the High Commissioner to Israel and Palestine and the reiteration that the occupation was prohibited under international humanitarian law, and was one of the most blatant violations of international humanitarian law. The occupying force had accelerated land expropriation and extension of settlements; solid and toxic waste was dumped on Palestinian territories and Saudi Arabia reiterated the call to spare no efforts to end the occupation and to implement all United Nations resolutions which stressed the illegal nature of the colonisation and emphasised that this was a violation of international humanitarian law and in particular of the Fourth Geneva Convention.

BUDOOR ABDULAZIZ AHMED (Bahrain) said Bahrain wished to reiterate that the issue of human rights was one of the major issues for the international community and that all people had a right to self-determination. Israel should put an end to its settlement policies and condemn the recent building of new settlements in Palestine. Military aggression had continued in the Occupied Palestinian Territories which produced thousands of victims, including women and children while the closing of border points and the blockade in Gaza were collective punishments against the people of Palestine. Israel had not agreed to the request of the United Nations Security Council to examine allegations of serious human rights violations in the Occupied Palestinian Territories. Bahrain urged Israel to release Arab detainees in its prisons. The role of the Human Rights Council and the international community should be to ensure that the Palestinian people enjoyed the rights which they deserved.

KELLY RAZZOUK (United States) said that the United States deeply regretted the tragic loss of life among those involved in the Gaza incidents last Spring, on May 21. They were committed to work to ensure an appropriate response to the incident that led to these deaths. The United Nations Secretary-General obtained by both parts the support to establish a national commission of inquiry on the tragic incidents. They knew that the panel was looking at both reports and the United States remained deeply concerned about the human rights situation in Gaza and they urged all those wishing to deliver good to do so through established channels. The United States commended the recent steps taken to expand the access of goods into Gaza and continued to work closely with the Government of Israel and the Palestinian Authority to provide reconstruction materials. The tragic flotilla incident underscored the need to move quickly.

VICTORIA GUSEVA (Russian Federation) said that in the absence of a political settlement it would be difficult to make progress on the international humanitarian law in the Middle East. The Russian Federation had made considerable efforts to help find a solution to the Middle East conflict and had organised a meeting of the quartet in Tel Aviv and a meeting in Munich in February 2011, in which the quartet called on all parties to refrain from hostilities and help define parameters of a peace settlement. The Russian Federation emphasised the crucial meaning to the peace process of a number of international instruments, including the United Nations and Security Council resolutions.

KENICHI SUGANUMA (Japan) said Japan was convinced that the issues faced by the people in the Middle East could never be solved through violence but only through negotiations and efforts to build mutual trust among parties. Japan was concerned about the approval of a plan to build hundreds of housing units for Jewish people in settlements in the West Bank. Such action went against the efforts by the international community to resume peace negotiations. Japan urged Israel to refrain from any unilateral act that would change the current situation in the West bank, including East Jerusalem. At the same time Japan strongly condemned the murders which occurred in Itmar, in the northern West Bank and said that such an act could not be justified for any reason and that any attempt to justify violence was unacceptable. Japan requested all parties to make further efforts to achieve a comprehensive peace in the Middle East.

JURG LAUBER (Switzerland) thanked the High Commissioner for her third report on the Occupied Palestinian Territories and said Switzerland agreed with the finding of all violations of human rights by both parts concerned. They condemned any deliberate attack against civilians. Switzerland condemned the firing of rockets at Israeli towns by military groups on Gaza and they deplored the arbitrary arrests. Freedom of assembly and expression had to be protected and they condemned the murder of five members of an Israeli family of Itamar, close to Naplouse and called on Israeli to conduct an impartial inquiry. In addition, Switzerland deplored the increase of the demolition of new buildings which was contrary to international law. Switzerland deplored, inter alia, the detention of Palestinian children by the Israeli authorities without respecting the standards of international law.
They thanked the High Commissioner and the Committee of Independent Experts in the context of the conflict in Gaza from December 2008 until January 2009 for their respective complete analysis. They knew that Israeli did not cooperate with the mechanism established by the Human Rights Council and they recalled that if the party to the conflict lacked of will to comply with the obligations to prosecute those responsible of human rights violations, it was on the international community to do so.

HOU YANPING (China) said that China thanked the Committee of the Independent Experts for their reports, the Special Rapporteur on the situation of human rights in the Palestine territories occupied since 1967 and the High Commissioner for her reports. China noted with appreciation that the Committee had continued to carry out its work and China agreed with the Human Rights Council continuing to address the human rights situation in the Middle East and in particular in the Occupied Palestinian Territories. China took note of the presentation of the Special Rapporteur and regretted the lack of adequate cooperation of Israel with the international community and the relevant mandates. The long term blockade by Israel constituted serious violations of human rights of the Palestinian people and China urged Israel to comply with the relevant decisions and resolutions of the international community. China had always supported the peace process in the Middle East and since it was now in a stalemate, China hoped that Israel and Palestine could find the way to peacefully coexist.

JUAN QUINTANILLA (Cuba) said that the Special Rapporteur’s report noted yet again the continued violations of human rights by the Israeli Government on Palestinian soil. Israel’s aggressive policy against the territory and the people of Palestine had not abated and the Special Rapporteur also described the grave economic, social and cultural impact on the people, particularly on children, of Israel’s policy in the Occupied Palestinian Territories. Cuba said that the United States and other Western powers continued to play a role of being silent and asked no demands of the Government of Israel. Israel’s occupation of the Golan violated the rights of Syria’s people. Cuba reiterated its support of the Palestinian people to self-determination with their own state defined by borders established in 1967 and with Jerusalem as its capital.

NUR AZURA ABD KARIM (Malaysia) noted with concern the reports to the Council on the deteriorating human rights situation on the ground in the Occupied Palestinian and other Arab Territories. It was clear that the Occupying Power refused to respect international options and continued to tighten its grip on the occupied territories. Among the continuing widespread and systematic violations by the occupying power were confiscation of land and demolishing of houses and infrastructure, continued detention mistreatment and killings of Palestinians, including Palestinian children, and the unjust blockage on Gaza. Malaysia reiterated their full and continuing support for all initiatives aimed at ensuing accountability and justice for the ongoing violations in the occupied territories. In this connection, Malaysia joined others in calling on all United Nations members to support the relevant initiatives in the Council. Malaysia believed that the Council had to send a strong and unified message to the occupying power that human rights violations could not be justified under any circumstances.

BEATE STIRO (Norway) said that Norway was deeply concerned about the human rights situation in the Occupied Palestinian Territories. Israel remained in the full control of 60 per cent of the West Bank and in those areas the Palestinian Authority was unable to reach the population with services, support and protection. The Government of Israel continued a policy of expanding settlements on occupied territory, which was a clear violation of international law. As an occupying power, Israel had a responsibility to protect people under occupation. Over the last year the international community had seen an increase in actions taken by police and security forces against organizations and individuals working for human rights, which was a worrisome development. Held together, those actions resulted in a shrinking space for national human rights institutions and civil society. These were the times when countries in the region were undergoing unprecedented change, where people mobilised, spoke up and demanded their rights and freedoms, where every viable democracy depended on a strong civil society and civil society in those countries had played and would continue to play a pivotal role in strengthening the process of democratisation and human rights. It should be no different in the Palestinian territory, concluded Norway.

MANSOOR ABDULLA AL-SULAITIN (Qatar) said that in light of developments in the Occupied Palestinian Territories and Israel’s attempts to destroy Palestinian culture as evidenced by the expulsion of Palestinian farmers to open the way for Jewish settlers, Qatar would like to mention that the fourth amendment to the Geneva Convention was applicable in the Occupied Palestinian Territories and as such Israel was in violation of basic human rights. There could be no peace in the Middle East without also ending the settlement campaign in the occupied Syrian Golan. Israel should allow displaced Syrian citizens to return to their homeland and the international community should insist that the Syrian Golan be returned to Syria. Israel should also respect Lebanon’s independence.

AISHATH LIUSHA ZAHIR (Maldives) said it was tragic that, as the world watched the spread of democracy and human rights from the Sahara to the Red Sea, the Palestinian people were no closer today to living in peace, security and prosperity in an independent and sovereign State of Palestine than they had been four decades ago. During those lost decades, the occupying power Israel had pursued a policy of wanton repression through the disproportionate use of force, deliberate destruction of infrastructure, illegal settlement activities in the Occupied Palestinian Territories, and destroying the religious and cultural heritage of Palestine. In short, Israel had systematically undermined the dignity of the Palestinian people. The Maldives therefore reminded the international community that the Palestinians were no less deserving of international support than were the people of Tunis, Cairo or Benghazi and called on Israel to immediately stop all settlement activity and cooperate with the Fact-Finding Mission to help secure redress and justice. The Maldives believed it was now time for the United Nations Security Council to immediately recognize Palestine as an independent sovereign State with East Jerusalem as its capital and in accordance with United Nations resolutions.

SEK WANNAMETHEE (Thailand) said that the winds of change that were witnessed throughout the Middle East and the North African regions were a reminder of the nexus between human rights and political stability and long-term peace and security. No Government could deny its responsibility to protect the human rights of its peoples. Thailand urged all sides to immediately and fully implement the Council resolution 15/6 and the recommendations by the United Nations Secretary-General, the High Commissioner, and the Committee of Independent Experts. In particular, the blockade of Gaza which had caused serious humanitarian crisis should come to an end and no new settlements should be allowed. Positive steps towards permitting safe and free flow of goods, humanitarian assistance and people should be taken immediately. Thailand urged all sides to exercise self-restraint by ending violence in order to ensure safety of all citizens and to pave the way for future peace talks. Thailand expressed regret that not much progress had been made to implement the conclusions and recommendations contained in the report of the fact-finding mission on the incident of the humanitarian flotilla. The dire situation in Gaza underscored the urgency of redoubling the efforts of the international community to achieve just and lasting peace in the region.

ASIM VETIKHAR AHMAD (Pakistan) said Pakistan fully backed the Palestinian people in their legitimate struggle for self-determination and the quest for peace and freedom. The discussion in the Human Rights Council today was a litmus test of whether the Council had learned enough from previous mistakes and could muster the courage to set aside the self defeating policy of double standards and unanimously stand behind the just and legitimate demand for restoring the inalienable rights of the Palestinian people. Israel policies and practices triggered the following human rights violations against the people of the Occupied Palestinian Territories: denial of the right to life, liberty, property, freedom of movement and expression, adequate standard of living, work, education, health and water. It was essential to address the root causes of the Arab-Israeli conflict by bringing an end to the Israeli occupation of all the Arab territories including the Syrian Golan and Pakistan urged parallel progress in addressing the Syrian-Israel and Lebanon-Israel conflicts.

NAHIDA SOBHAN (Bangladesh) said that the High Commissioner had rightfully rejected the legal interpretations of the Turkel Commission, which did not conform to international laws and standards. Bangladesh shared Ms. Pillay’s concern at the continued killing of Palestinians by Israeli authorities and the violence committed against Palestinians by Israeli settlers. Bangladesh condemned the arbitrary arrest and detention of Palestinian children by Israeli authorities. Such actions, blockades, human rights violations, as well as war crimes and crimes against humanity could not be justified in the pretext of psychological fatigue or concern for security. It was deplorable that Israel had not limited its atrocities only within the occupied territories, but also in international water territories through its attack on the humanitarian flotilla last year. Such lawless behaviour of a State’s military force should not be tolerated by the international community; the international community must exert effective action to compel Israel to end occupation and cease bloodshed, human rights violations and crimes against humanity. Every effort should be made to bring the violence to an end and bring a solution aiming at just, lasting and comprehensive settlement in the region.

IDRISS JAZAIRY (Algeria) said that Israel continued to violate human rights in the Occupied Palestinian Territories and in the occupied Syrian Golan. A good number of those violations could be described as crimes against humanity, said Algeria. The illegal blockade of Gaza meant that Palestinian people had to operate under harsh conditions; the illegal extension of settlements continued as did the changing of the demographic composition of East Jerusalem. There were double standards in relation to the Palestinian people and the violation of their rights. Several days ago the United Nations Security Council had failed to condemn the construction of settlements, which was a clear violation of international law. Algeria called upon Israel to live up to its international responsibilities, end the occupation and lift the blockade. Algeria called upon the Human Rights Council to adopt the resolution tabled by the Organization of the Islamic Conference.

OMAR SHALABY (Egypt) said that the situation in the Occupied Palestinian Territories was again deteriorating and the resolutions of the Human Rights Council and the United Nations had still not been implemented. Egypt condemned the expansion of the settlements as they were in clear violation of international law. The humanitarian situation had deteriorated especially in Gaza and the blockade constituted a collective punishment and as such was a violation of the international humanitarian law. Egypt called for the lifting of the blockade and said that Egypt was considering opening of the border crossing. The oppression of human rights defenders was escalating and it was now more that ever necessary to put an end to Israel’s violation of human rights and international law and to refer the situation in the Occupied Palestinian Territories to the International Court of Justice. The world could not neglect the Palestinian people and their legitimate rights to an independent and free State with East Jerusalem as its capital, particularly in this time of change in the Arab world. The Rights Council must support all draft resolutions submitted during this current session in order to cease with double standards. The credibility of the Council and those who called for the respect of human rights must not be undermined, Egypt concluded.

SEYED MOHAMMAD REZA SAJJADI (Iran) said despite all efforts the situation in the Palestinian territories remained of great concern and the Special Rapporteur’s report reminded the Council of the importance of international efforts in combating these crimes. Unconditional support of the Israeli occupier by the United States and the recent resolution of the Security Council on settlements should not be acceptable to the world community. The international community should continue to fulfill its responsibility toward the elimination of the suffering of the Palestinian people and the Human rights Council should accelerate its efforts to bring this about.

YAHYA SALIM AL-WAHAIBI (Oman) said human rights violations by the occupying power in Palestine were proved in the reports by the High Commissioner following her visit and by the Special Rapporteur’s report and yet no progress had been made. Violations by Israeli forces continued through Israel’s settlements and check point policies and enshrined Israel’s policy of not permitting an independent Palestine. Oman said attempts to achieve peace would prevail and called for a resumption of negotiations and for resolutions to be adopted to permit a peaceful coexistence between all peoples of the Middle East.

OMAR HILALE (Morocco) said three weeks had gone by since the beginning of the discussions. These weeks had been characterized by winds of democracy, but this must not cause a disregard for the problems still faced by the Palestinian people. Given the fait accompli imposed by the occupying power and Judaisation, it was essential to pay more focused attention to the lamentable situation of the Palestinian people. Moreover, the occupying power persistently undermined the historic nature of Jerusalem and the rights of those who wished to enjoy their freedom. It was particularly important that attention be paid to the situation of children to ensure that they regained hope for a life in dignity. Morocco renewed its appeal to ensure that the inalienable rights of the Palestinian people were respected, in particular their right to self-determination with two States living side by side in peace. Morocco would unceasingly continue to deploy efforts to this end.

KSHENUKA SENEWIRATNE (Sri Lanka) said the re-launch of direct peace negotiations last year between Israel and Palestine after nearly two years had been positive and it was regrettable that these talks had paused. These negotiations must urgently be taken up again and the major impediments that had prevented the parties from continuing must be addressed. Intensified efforts were needed to forge an early settlement and concerted action was required to end the blockade. To this end, there was no substitute for diplomatic engagement between the concerned parties. The occupation continued to be one of the main causes for the current situation in the Palestinian Occupied Territory and the way to find a sustainable solution was through meaningful negotiations to culminate in a sovereign and viable Palestinian State. Sri Lanka urged the parties concerned to pursue all diplomatic means despite a painstakingly difficult road ahead in dealing with complex and difficult issues.

CHANDRA WIDYA YUDHA (Indonesia) said Indonesia was concerned about the findings of the High Commissioner and said that all States were equally bound by international human rights law and international humanitarian law and that there could be no derogation to the obligations they stipulated. Indonesia fully shared the view of the High Commissioner and the international community that the continuing violations by the Occupying Power of the most fundamental rights of the Palestinian people constituted a flagrant breach of all the international instruments to which Israel was a party. Indonesia deplored the intolerable impact of the Gaza blockade on the movement of persons and exports which increasingly threatened the survival of the population. The unauthorised expansion of settlements, the demolition of Palestinian residences and their appropriation by settlers continued and those activities must stop. The documented cases of arbitrary detention, torture and executions and the shocking detention and torture of children were worrying. Indonesia was also concerned about the violations of rights of the population of the Syrian Golan and called on the occupying power to desist from any attempt to alter the legal, physical and demographic status of the occupied the Syrian Golan.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates) said that despite the many resolutions by this Council, the United Nations Security Council and other bodies, the situation in Palestine was deteriorating. The United Arab Emirates condemned the procrastination of Israel and manipulation of the international community which was trying to make it accountable for crimes committed. The United Arab Emirates requested the international community to compel Israel to implement the recommendations of the fact-finding mission into the incident on the humanitarian flotilla. Concerning the report of the Committee of Independent Experts, the United Arab Emirates called on the Council to compel Israel to lift the blockade of Gaza, stop with the illegal settlements, and withdraw from East Jerusalem and from the occupied Syrian Golan.

SHARIF GHALIB (Afghanistan) said Afghanistan shared the grave concerns expressed, time and time again, by the international community about the severe violations of international humanitarian law and of the human rights of the Palestinian people and Israel’s denial of their right to self-determination. The continued siege on the Gaza Strip had given rise to dire humanitarian consequences and amounted to collective punishment of populations; it must come to an end immediately. The daily incursions and recurring military operations in the occupied territories also remained of concern as they often resulted in casualties and loss of innocent lives. Settlement activities and plans to push ahead with the construction of housing units in the occupied territories, both contrary to international law, were also impediments to efforts towards achieving a durable peace. Afghanistan viewed the Goldstone report to be of due importance and supported the implementation of its recommendations.

RANA MOKADDEM (Lebanon) said Israel continued to flout international law and was indifferent to the various resolutions adopted by the Human Rights Council as evidenced by the Occupied Palestinian Territories and the Occupied Syrian Golan. The High Commissioner for Human Rights said these illegal occupations were a violation of international law. Lebanon said it was essential to halt violations of international law and humanitarian law and to stop the Gaza blockade, construction of the wall, and the confiscation of lands.

SAAD ALFARARGI (League of Arab States) said that some States spoke of the need for a balanced approach and that the Human Rights Council had signaled out Israel but this was not right or fair because Israel had committed collective punishments and racism against the Palestinian people. Despite many resolutions and reports, Israel continued to defy the international legal rights and to violate basic human rights of the Palestinian people. The League of Arab States had approved a just peace as a strategic choice and adopted the Arab Peace Initiative to end the Arab-Israeli conflict if Israel were to withdraw fully from the Occupied Palestinian Territories and there was an establishment of an independent Palestine with East Jerusalem as its capital.

NIMALA ANSARI, of BADIL Resource Centre for Palestinian Residency and Refugee Rights, said that Israeli policies had caused the impoverishment and de-development of the Gaza Strip well before the onslaught in December 2008. Its illegal blockade of June 2007 reduced 80 per cent of the population in Gaza to food dependence, made 80 per cent of drinking water unfit for drinking and caused a rise in unemployment. At the start of 2011, the unemployment had reached 45 per cent and 325,000 refugees lived in abject poverty. Israel’s onslaught had also increased the number of internally displaced persons and forced displacement in the Occupied Palestinian Territories was both a cause and consequence of the Palestinian-Israeli conflict and had become a fixture of Palestinian dispossession. BADIL urged the Human Rights Council to urge all signatories to the Geneva Convention to fulfil their obligations to take meaningful action to recognise and affirm the illegality of the Gaza blockade; to commission a report on the parameters of the resolution to the internally displaced crisis; and to transmit the findings of the Committee of Independent Experts to the United Nations General Assembly and the Secretary-General for their immediate action, namely referral to the United Nations Security Council for submission to the International Criminal Court.

GALA MARIC, of North South XXI, welcomed the consideration of the human rights situation in Palestine which was the longest situation of massive and continuing violations that had ever been considered by the United Nations at any level and which deserved a unique attention. For more than 60 years the authorities of Israel had continued to deny the people of Palestine their right to self-determination. North South XXI welcomed the Council’s continued discussion of this important issue, but it regretted that no effective action had been taken to ensure the right to self-determination of the Palestinian people. North South XXI implored the Council to act wisely and bravely to ensure the right to self-determination in accordance with the international law and drew the attention of the Council to the voices of the Palestinians in Gaza and in the West Bank who were calling for their people to be unified.
KLAUS NETTER, of Coordination Board of Jewish Organizations, in a joint statement with B'nai B'rith International, said that repetitive resolutions condemning one United Nations Member State could be expected, even as a just-suspended Council member continued to shell and bomb its own citizens who peacefully clamoured for freedom of expression. This procedure could not but remind of a recent statement by the Secretary-General, who, addressing this Council on 25 January, had said that “For this Council to fulfil its mandate, it must be seen as impartial and fair. It cannot be seen as a place ruled by bias or special interests. It cannot be a place that targets some countries, yet ignores others.” Mr. Ban had added that while the independence of human rights Rapporteurs could not and should not be limited, irresponsible behaviour that undermined the Council and the United Nations could not be condoned.

ROY BROWN, of World Union for Progressive Judaism, said despite many calls for the 1968 Fatah Charter to be changed, it remained that only the Palestinian Arabs possessed the right to self-determination and the entire country belonged to them, and that warfare against Israel was legal, whereas Israel’s self-defence was illegal, among other principles. The World Union for Progressive Judaism therefore asked why the PLO Charter calling for the destruction of Israel – and the massive exodus of 99 per cent of its Jewish population – had still not been amended by the Palestinian Authority, despite official promises to that effect for over 20 years. The World Union for Progressive Judaism also appealed to the Council to examine the 1998 genocidal Hamas Charter, since Hamas was the de-facto Government in Gaza. So long as these two Palestinian Charters remained valid, any peace negotiations and a two-State solution would remain problematic.

ANNE-MARIE VUIGNIER, of Commission of the Churches on International Affairs of the World Council of Churches, said it was concerned about the large-scale evictions and demolitions in occupied East Jerusalem. In 2010 there were 82 demolitions in occupied East Jerusalem which forcibly displaced 128 people. In 2011 there were so far 10 demolitions with 22 people displaced. The consequences for families could be devastating; in addition to losing their homes their main source of physical and economic security, families were faced with high legal fees, fines and charges including the cost of their own eviction or house demolition. The Commission called on the Government of Israel to immediately stop demolishing Palestinian structures in occupied East Jerusalem as well as cease issuing new demolition orders and freeze all pending orders and to renew unconditionally the residency permit of the legally elected Anglican Bishop of the city.

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said it deeply regretted the failure of Israel to cooperate with the Human Rights Council’s mechanisms. The State of Israel for decades had not cooperated with various resolutions and enjoyed a political immunity that was not in the best interests of the Palestinian people. What was the international community waiting for to implement the Goldstone report?

LAZARO PARY, of Indian Movement ‘Tupaj Amaru‘, said that given the double standards displayed by the European Union and the indulgence of the Administration in Washington, the Israeli Government continued to commit crimes with complete impunity against the civilian habitants in the Gaza Strip and the occupying forces had recently murdered five young Palestinians and eight others were injured. Since 1967 thousands of people had been imprisoned and banned and the occupying power continued to occupy the Arab land and refused to extend a moratorium on the illegal construction of housings in the settlements of the Jewish settlers in the West Bank and in East Jerusalem. In February 2011, the Administration in Washington had used and abused their veto power to cover the crimes of the occupying power. Under the Charter of the United Nations the Security Council had a responsibility to maintain international peace and security and the authorization of the use of force against Libya was in violation of the Charter and jeopardized the Rome Statute of the International Criminal Court.

LOAI DEEB, of Maarij Foundation for Peace and Development, said Israel had always given itself the right to non-compliance with international law and human rights law, not to mention the lack of cooperation, which had become a habit. The international community would remain more determined to work to compel Israel to implement international resolutions and to prosecute all those accused of war crimes against the Palestinian people. They thanked Mr. Falk and asked him to continue his efforts in documenting every violation.
Mr. GOLSHANPAZHOOH, of Organization for Defending Victims of Violence, said since 1948 hundreds of resolutions had been issued against Israel to force it to comply with international instruments and a substantial part of the Council’s Special Sessions had been dedicated to Israeli human rights violations. As a human rights defending organization, the Organization for Defending Victims of Violence asked the Council to adopt measures to at least force Israel to pay attention to the decisions made by international organizations over the past four years -- if not sixty years -- and to adhere to the calls of the 190 Member States of the international community.

KHOURI ELIAS, of United Towns Agency for North-South Cooperation, in a joint statement with Arab Lawyers Union, said that Syrian prisoners from the occupied Golan were being subjected to ill-treatment and torture. One year ago, the Council adopted resolution 13/5 calling on Israel to comply with the relevant resolutions of the General Assembly, the Security Council and the Council. Instead of complying with this resolution, Israel continued to expand its settlement activities, notably building new tourist resorts to attract more people to the Golan. Moreover, Israel blatantly violated the 63/201 General Assembly resolution on permanent sovereignty which made it incumbent on the international community to press Israel to conform to its obligations under international law.

RAMAZAN ARITURK, of Foundation for Human Rights and Freedoms and Humanitarian Relief, called on the Security Council to investigate crimes against humanity that occurred during the flotilla event in Gaza. These crimes, as reflected in Article 8, were war crimes as defined in the Rome statute. The Foundation called on Israel to be taken to the International Court to provide explanations for its behaviour.

Mr. DARAGH MURRAY, of International Federation for Human Rights League, said the issue of Palestine was discussed at every session of the Human Rights Council and that the consequences of impunity that Israel benefitted from could be seen today in the building of the wall, the blockade of Gaza and the annexation of East Jerusalem. Israel had a functioning legal system but it had worked to shield those who had committed crimes from justice. Until the United Nations and the international community took decisive measures to deal with this impunity, the Occupied Palestinian Territories situation would not change. The Human Rights Council should refer the Occupied Palestinian Territories to the International Criminal Court.

AMRAN HUSSAIN, of European Union of Jewish Students, said that he stood before this Council as a Muslim, not to further demonize the nation of Israel but to remind the Council of the moral obligation that the international community had here to protect the only country in the world whose very existence was constantly under attack. They asked the Council why Israel was consistently and conspicuously singled out for condemnation on the ground of human rights violations, yet the world turned a blind eye to the human rights situation within the rest of the Arab countries or the devastating human rights violations in Tibet, North Korea or Sudan. They requested the international community gathered here today to take on their solemn duty to protect and promote human dignity, at home and abroad by defending the vulnerable and by challenging the aggressors.

VALENTINA JAPPELLI , of Gherush92 - Committee for Human Rights, in a joint statement with COBASE - Cooperativa Tecnico Scientifica di Base, said that as far as item 7 was concerned, it was important to make use of further instruments of analysis in addition to those provided by politics or international law. They strongly stressed the point that it was crucial to develop a framework of analysis that took into account the basic problems that were causing conflict. Such a framework needed to be of wide and comprehensive scope and had to recognize and render explicit the cultural justifications of the conflicting sides. This was useful in particular in contexts in which populations that were in conflict belonged to ancient cultures, as Judaism and Islam. The analysis should take into account the practice of local law, the recognition of rules, and the customs and traditions of a place.

LAILA MATAR, of Cairo Institute for Human Rights Studies, said Israel had failed to cooperate with the Committee of Independent Experts and the timeline for domestic investigations had expired, making it important to now move beyond domestic investigations to uphold criminal law. The Cairo Institute for Human Rights Studies urged the Council and its Member States to meet their responsibilities towards the victims of war crimes in Gaza. This remained a historic opportunity for the Council to convey the message to perpetrators of war crimes that they were not safe from accountability. If seeking justice for victims of human rights violations was important for the Council, it was an opportunity it could not afford to squander.

HILLEL NEUER, of United Nations Watch, said the Council had the opportunity to seize the challenge regarding the events in the Middle East, but it seemed that the Council was just doing business as usual. If it were to act according to logical reasons, the Council would be addressing the many urgent situations. Instead, the Governments that continued to oppress their people had been the ones that spoke out today – but on Israel. History recorded that when debated four years ago, Canada had been the only country seeking to oppose this item by calling for a vote, which, regrettably, it had been denied. If this Council was to be on the right side of history this biased agenda item must go.



For use of the information media; not an official record

HRC11/045E