A/HRC/7/L.1 : Item 7 Draft Resolution Adoption

United Nations A
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General Assembly Distr. LIMITED
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A/HRC/7/L.1
5 March 2008 Original ENGLISH

HUMAN RIGHTS COUNCIL
Seventh Session
Agenda Item 7

HUMAN RIGHTS SITUATIONS IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES

Pakistan (on behalf of the Organisation of the Islamic Conference), Palestine* (on behalf of the League of Arab States): draft resolution

7/... Human rights violations emanation from Israeli military attacks and incursions in the Occupied Palestinian Territory, particularly the recent ones in the occupied Gaza Strip

* Non-state member of the Human Rights Council

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations, the Universal Declaration of Human Right and the International Covenants on Human Rights,

Guided also by the right of all peoples to [self defence and] self-determination and the inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter of the United Nations,

Affirming the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in War, of 12 August 1949, to the Occupied Palestinian territory, including East Jerusalem,

Affirming also the applicability of the international human rights laq to the Occupied Palestinian Territory, including East Jerusalem,

Recognizing that the Israeli military attacks and incursion in the Occupied Palestinian Territory, particularly the recent ones in the occupied Gaza Strip, constitute [grave] violations of international humanitarian law and of the human rights of the Palestinian people therein and undermine international efforts, including the Annapolis Conference and the Paris International Donor’s Conference for the Palestinian State, aimed at invigorating the peace process and establishing a viable, contiguous, sovereign and independent Palestinian State by the end of 2008,

Recognizing also that the recent Israeli attacks and incursions in the occupied Gaza Strip have led to a considerable loss of life and injuries among Palestinian civilians, including women, children and infants,

1. Condemns the persistent Israeli military attacks and incursions in the Occupied Palestinian Territory, particularly the recent ones in the Gaza Strip which resulted in the loss of more than 125 lives and hundreds of injuries among Palestinian civilians, including women, childre, and infants;
   
   
2. Expresses its shock at the Israeli bombardment of Palestinian homes and the killing of civilians therein and at the Israeli policy of inflicting collective punishment against the civilian population, [which constitutes a war crime] which is contrary to International Humanitarian Law, and calls for bringing toe perpetrators to justice;
   
   
3. Calls for the immediate cessation of all Israeli military attacks throughout the Occupied Palestinian Territory and the firing of crude rockets, [by Palestinian combatants,] which resulted in the loss of two civilians and some injuries in southern Israel;
   
   
4. Also calls for urgent international action to put an immediate end to the grave violations commited by the occupying Power, Israel, in the Occupied Palestinian Territory, including the series of incessant and repeated Israeli military attacks and incursions therein and the siege of the occupied Gaza Strip,
   
   
5. Reiterates it s call for immediate protection of the Palestinian people in the Occupied Palestinian Territory in compliance with international human rights law and international humanitarian law;
   
   
6. Urges all parties concerned to respect the rules of international human rights law and international humanitarian law and to refrain from violence against civilian populations;
   
   
7. Request the United Nations High Commissioner for Human Rights to report to the Council, at it s next session, on the progress made in the implementation of the present resolution.
   

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Pakistan (OIC) explains the resolution and changes (In blue, [...] means deleted).
Jordan:
Yesterday we said that credibility is at stake.
We cannot accept the death of these people.
Occupation, but also the origin of violence and resistance to occupation.
-> In other ways, we will loose credibility.
Conclusion:
Pursue a constructive dialogue.

Argentina, Chile, and Uruguay:
Spirit of consensus need
It was our wish that the HRC would see this need under a broader perspective
-> Significant change on the ground is important.
Finally, HRC should be concerned with Occupied Palestinian Territory (OPT)

Statement Israel

Statement Palestine

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MEMBERS: Explain vote

Slovenia (on behalf of EU):
Explanation:
We have a clear EU Position. -> Forge consensus
We agree with some elements, but not the text as a whole, particularly OP 3.
We will abstain.

Switzerland:
We will vote „yes“ for this resolution.
„Yes“, but it needs an interpretation:
It’s a signal because of the grave situation.
We’d like to recognize the efforts of the initial text.
We would have wished to go further...
It was not possible
Since it is a delicate subject, it is important for us to speak in one voice.
We want to note to the protocol that this text is not responding to our expectations. We wanted: „military operations“ and we also wanted to see in the text the condemnation of the firing crude rockets.
Any violation of International Humanitarian Law must be condemned.

Canada:
HRC has to check the situation
We are concerned by this situation
HAMAS: appeared violent
Must stop immediately
Israel has a legitimate right for self-defence.
Through dialogue
Annapolis
We promised 3 millions to the Palestinian people in Paris Donor conference,
Abbas: Peace talks
Canada will vote against this resolution.

Netherlands (EU):
Spreads terror: Palestinians need to get back to the peace process
Israel: restraint (but we accept self-defence)
We regret the Palestinians injured
-> The resolution does not speak about civilians
-> Resume the peace talks
We have to work to peace
For a two states solution
In our opinion: all elements are not correctly reflected
Under this circumstances we will abstain.

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Voting

Japan: yes
Jordan: yes
Madagascar: yes
Malaysia: yes
Mali: yes
Mexico: yes
NL: abstain
Nicaragua: abstain
Nigeria: yes
Pakistan: yes
Peru: yes
Philippines: yes
Qatar: yes
Republic of Korea: abstain
Rumania: abstain
Russia: yes
Saudi Arabia: yes
Senegal: yes
Slovenia: abstain
South Africa: yes
Sri Lanka: yes
Switzerland: yes
Ukraine: abstain
Uruguay: yes
Zambia: yes
Angola: yes
Azerbaijan: yes
Bangladesh: yes
Bolivia: yes
Bosnia and Herzegovina: abstain
Brazil: yes
Cameroon: abstain
Canada: no
China: yes
Cuba: yes
Djibouti: yes
Egypt: yes
France: abstain
Gabon: yes
Germany: abstain
Ghana: yes
Guatemala: abstain
India: yes
Indonesia: yes
Italy: abstain

Vote complete!

Thank the interpreters for staying 31 minutes later.

Result of vote:

33 votes in favour
1 against
14 abstentions

DRAFT RESOLUTION IS ADOPTED.

Members explanations after the vote tomorrow.
(2 members on the list).


Dorothee

HUMAN RIGHTS COUNCIL, Thursday 6 March, morning session
Item 7: Human Rights situation in Palestine and other Occupied Arab Territories

States declared their concerns about the grave and serious situation in Palestine, particularly in the Gaza strip. The Arab group condemned the killings of hundreds of innocent people, such as children and women, and flayed the disproportionate response of the Israelian military.

Louise Arbour echoed the concern expressed by the Secretary General on the intensity of violence in southern Israel and Gaza. Civilians must be protected from the attacks and counter-attacks. The International Community must react and persuade both parties to respect human rights and humanitarian laws.
Louise Arbour condemned the Palestinian militants’ rocket attacks as well as the Israel Defence Force’s disproportionate use of force.
Human rights are equal and universal, and no party can claim that, in defending its own population, it was allowed to disavow the rights of others.

• Israel
Explains why it has boycotted the 6th session, the resolution voted was not objective but biased and one-sided, and did not content anything new. The Israelian representative regrets that the Organization of the Islamic Conference (OIC) and the Arab group prefer to put the stress on the number of resolutions voted than their content. This is a waste of time and money.

• Palestine
Critics about the lack of the International resolve to stop and condemn Israel.
Stress out on the systematic violation of economic, social and cultural rights of the Palestinian people. Those rights should be more protected, as well as the rights of the occupied, as Israel is an occupying states.

• Syria
Critics about the indifference and silence of the International Community (there exists a certain kind of selectivity and subjectivity). No condemnation of Israel, no pressure in order that it implements the resolutions voted until now. Israel cannot escape from the International Law. Israel is using the notion of self-defense, however, because of the disproportionate use of force, it is likely more revenge than self-defense.
Problem of the Golan = still occupied by Israel, and no peace until it is occupied.

DEBATE

Pakistan = on behalf of the OIC
Israel = occupying power. Condemned many times by the OIC and Arab group, many resolution have been voted, it is now, more than ever, time to implement fully and effectively those resolutions. OHCHR should have an important role in this process.

Slovenia =on behalf of the European Union
All kinds of terrorism must be condemned. Human rights law and humanitarian law must be respected. There should be no impunity, especially when innocent people are killed. Call for the respect of the economic, social and cultural rights of the Palestinian people from Israel.

Cuba = on behalf of the NAM

effective measures must be taken. The NAM condemned the recent military assault in the Gaza Strip, as well as the unlawful decision to maintain the borders closed to go and from Gaza. The situation in Gaza resembles a collective punition in which the Palestinian population suffers the most.

(not complete but for more details and informations, go to: 
http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/70419A94766313E3C1257404004C0C70?OpenDocument)

MJ.