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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/HRC/15/51
13 September 2010

Original: English

Human Rights Council
Fifteenth session
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories



Progress made in the implementation of therecommendations of the Fact-Finding Mission by all concerned parties, including United Nations bodies, in accordance with paragraph 3 of section B of Human Rights Council resolution S-12/1

Report of the Secretary-General*

Summary

The present report focuses on the status of implementation of the recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict (A/HRC/12/48). It reviews all recommendations made by the Mission, in the order in which they appear in the Mission report.

* Late submission.







I. Introduction
II. Status of the implementation of the recommendations of the Mission report

A. Action by the Human Rights Council




Notes

1 See General Assembly resolution 64/254 and the report of the Secretary-General on the second follow-up to the report of the United Nations Fact-Finding Mission on the Gaza Conflict (A/64/890).

2 The Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee against Torture and the Committee on the Rights of the Child.

3 In resolution 13/9, the Human Rights Council decided, in the context of the follow-up to the report of the Independent International Fact-Finding Mission, to establish a committee of independent experts to monitor and assess any domestic, legal or other proceedings undertaken by both the Government of Israel and the Palestinian side, in the light of General Assembly resolution 64/254, including the independence, effectiveness, genuineness of these investigations and their conformity with international standards. The Council also requested the High Commissioner for Human Rights to appoint the members of the committee and to provide them with all necessary administrative, technical and logistical assistance. Accordingly, the High Commissioner appointed Professor Christian Tomuschat (Chairperson), Param Cumaraswamy and Justice Mary McGowan Davis as members of the committee, and established a secretariat to provide the required administrative, technical and logistical assistance (see A/HRC/14/CRP.4).

4 Ibid.

5 A summary of the submissions is available at www.icc­cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/Comm+and+Ref/Palestine/.

6 In paragraph 8 of its resolution 13/9, the Human Rights Council called upon the High Commissioner to explore and determine the appropriate modalities for the establishment of an escrow fund for the provision of reparations to the Palestinians who suffered loss and damage as a result of the unlawful acts attributable to the State of Israel during the military operation conducted from December 2008 to January 2009. See also the report of the High Commissioner on the follow-up to the report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict (A/HRC/15/52), in which she stated that she had requested guidance from the Controller of the United Nations on the modalities for the establishment of an escrow fund, including its appropriate custodian, and that the response received from the Controller had identified a range of considerations and questions, which should be referred to the Office of Legal Affairs, that the High Commissioner had accordingly written to that Office for legal advice and would provide further information on this matter following the receipt of its reply.

7 A/64/890, annex III. In paragraph 7 of its resolution 13/9, the Council welcomed the recommendation of the General Assembly addressed to the Government of Switzerland, and recommended that the Government reconvene the conference envisaged before the end of 2010.

8 In paragraph 13 of its resolution 13/9, the Council called upon the General Assembly to promote an urgent discussion on the future legality of the use of certain munitions as referred to in the report of the United Nations Independent International Fact-Finding Mission on the Gaza Conflict, drawing on, inter alia, the expertise of the International Committee of the Red Cross.

9 See Israeli Security Cabinet Decision of 20 June 2010.

10 See the Civilian policy towards the Gaza Strip: the implementation of the Cabinet Decision (June 2010), State of Israel, Ministry of Defense, Coordinator of Government Activities in the Territories, June 2010.

11 Ibid. “Dual-use” times are defined as “liable to be used, side by side with their civilian purposes, for the development, production, installation or enhancement of military capabilities and terrorist capacities”.

12 See Protection of Civilian Weekly Report, United Nations Office for the Coordination of Humanitarian Affairs Occupied Palestinian territory (OCHA-OPT), 23-29 June 2010. 13 Ibid., 18-24 July 2010.

14 Ibid., 28 July-10 August 2010.

15 Letter received by OHCHR from the Permanent Mission of Israel, Geneva, 28 June 2010.

16 See “Gaza closure: not another year”, International Committee of the Red Cross, press release of 14 June 2010, available at www.icrc.org/web/eng/siteeng0.nsf/html/palestine-update-140610.

17 Available at www.mfa.gov.il/NR/rdonlyres/1483B296-7439-4217-933C­53CD19CE859/0/GazaUpdateJuly2010.pdf.

18 Ibid., paras.150-153.

19 Ibid., paras.154-156.

20 The West Bank Movement and Access Update, OCHA-OPT, June 2010.

21 “Israel announces: no easing for travel of people into and out of Gaza”, Gisha press release, 8 July 2010.

22 See Al-Haq Alternative report to the Human Rights Committee on the occasion of Israel’s third periodic report; Israel’s violations of the Covenant on Civil and Political Rights with respect to the freedom of movement, June 2010.

23 B’Tselem, Statistics at 30 June 2010, available at www.btselem.org/english/statistics/Detainees_and_Prisoners.asp. See also Defence for Children International/Palestine Section, statistics as of 22 June 2010, available at http://dci­pal.org/english/Display.cfm?DocId=902&CategoryId=11.

24 Ibid.

25 See Annual Human Rights Review, B’Tselem, 1 January 2009 to 30 April 2010, p. 43.

26 See statement by Richard Miron, Spokesperson for the United Nations Special Coordinator for the Middle East Peace Process, Robert Serry, Jerusalem, 1 July 2010.

27 Quarterly update on Palestinian Prisoners, Addameer Prisoner Support and Human Rights Association, 19 July 2010.

28 Bill no. P/18/2456 (available at www.adalah.org/newsletter/eng/apr10/bill.pdf). See also the joint response issued by the following organizations: Adalah - The Legal Center for Arab Minority Rights in Israel; Association for Civil Rights in Israel; Bimkom – Planners for Planning Rights; B’tselem - The Israeli Information Center for Human Rights in the Occupied Territories; Gisha - Legal Center for Freedom of Movement; Hamoked - Center for the Defence of the Individual; Physicians for Human Rights – Israel; Public Committee against Torture in Israel; Rabbis for Human Rights; Yesh Din - Volunteers for Human Rights (available at www.adalah.org/eng/pressreleases/pr.php?file=29_04_10).

29 Information received by OHCHR from UNRWA.

30 Letters of the Permanent Mission of Israel to the United Nations High Commissioner for Human Rights of 15 March, 9 April, 29 April, 28 June and 30 July 2010.

31 Ibid.

32 Information provided by the Palestinian Independent Commission for Human Rights.

33 See “Al-Haq condemns recent attacks on civil society organizations in the Gaza Strip”, Al-Haq press release, 26 May 2010. For more information on the situation of civil society in Gaza, see also “UNRWA strongly condemns second attack on Summer Games locations”, UNRWA press release, available at www.unrwa.org/etemplate.php?id=723.

34 See Palestinian Centre for Human Rights, press release, 12 July 2010. See also “Journalists under pressure: experiences from the frontline”, Valentina Al-Ama, Ma'an Network, International Conference on Freedom of Information: the Right to Know, United Nations Educational, Scientific and Cultural Organization, Brisbane, Australia, 2 May 2010.

35 Ibid.

36 See for example “Belgian indictment against Barak, Livni”, Jerusalem Post, 23 June 2010.

37 “Morocco looks to arrest Cast Lead architects”, Daily Star, 13 July 2010.

38 Letters were addressed to the Humanitarian Coordinator of the Office of the United Nations Special Coordinator for the Middle East Peace Process, which were copied to the Heads of United Nations agencies in the Occupied Palestinian Territory; the Prosecutor of the International Criminal Court; international aid providers: the European Commission in the West Bank and Gaza and to the Chair of the Ad-Hoc Liaison Committee; and to the United Nations Environment Programme and the World Health Organization.

39 See Office of the Quartet Representative, Tony Blair, press release, 19 March 2010.

40 See “Women share a vision for Israeli-Palestinian peace”, UNIFEM press release, 3 June 2010.



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