Question of Palestine home || Permalink || About UNISPAL || Search

English (pdf) ||Arabic||Chinese||Français||Русский||Español||



Follow UNISPAL Twitter RSS

UNITED
NATIONS
E

        Economic and Social Council
E/2000/23
E/CN.4/2000/167

28 April 2000

COMMISSION ON HUMAN RIGHTS
REPORT ON THE FIFTY-SIXTH SESSION
(20 March  28 April 2000)
UNITED NATIONS
New York and Geneva, 2000

ECONOMIC AND SOCIAL COUNCIL

OFFICIAL RECORDS, 2000



SUPPLEMENT No. 3


NOTE
...

2000/4. Situation in occupied Palestine

The Commission on Human Rights,

Guided by the purposes and principles of the Charter of the United Nations, in particular the provisions of Articles 1 and 55 thereof, which affirm the right of peoples to self-determination, and scrupulous respect of the principle of refraining in international relations from the threat or use of force, as specified in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations, adopted by the General Assembly in its resolution 2625 (XXV) of 24 October 1970,

Guided also by the provisions of article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, which affirm that all peoples have the right of self-determination,

Guided further by the provisions of the Vienna Declaration and Programme of Action adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23), and in particular Part I, paragraphs 2 and 3, relating to the right of self-determination of all peoples and especially those subject to foreign occupation,

Recalling General Assembly resolutions 181 A and B (II) of 29 November 1947 and 194 (III) of 11 December 1948, as well as all other resolutions which confirm and define the inalienable rights of the Palestinian people, particularly their right to self-determination,

Recalling also its previous resolutions in this regard, the latest of which is its resolution 1999/55 of 27 April 1999,

Reaffirming the right of the Palestinian people to self-determination in accordance with the provisions of the Charter of the United Nations, the relevant United Nations resolutions and declarations, and the provisions of international covenants and instruments relating to the right to self-determination as an international principle and as a right of all peoples in the world, as it is a jus cogens in international law,

1. Reaffirms the permanent and unqualified Palestinian right to self-determination, including the option of a State, and looks forward to the early fulfilment of this right;

2. Requests the Secretary-General to transmit the present resolution to the Government of Israel and all other Governments, to disseminate it on the widest possible scale and to make available to the Commission, prior to the convening of its fifty-seventh session, all information pertaining to the implementation of the present resolution by the Government of Israel;

3. Decides to include in the provisional agenda of its fifty-seventh session the item entitled “The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation” and to consider the situation in occupied Palestine under that agenda item, as a matter of high priority.
35th meeting
7 April 2000
[Adopted by a roll-call vote of 44 votes to 1,
with 6 abstentions. See chap. V.]

...
Arab territories, including Palestine

The Commission on Human Rights,

Guided by the purposes and principles of the Charter of the United Nations, as well as by the provisions of the Universal Declaration of Human Rights,

Guided also by the provisions of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,

Taking into consideration the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the provisions of Additional Protocol I thereto, and the Hague Convention IV of 1907,

Recalling the resolutions of the Security Council, the General Assembly and the Commission on Human Rights related to the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War to the Occupied Palestinian Territory, including East Jerusalem, and other occupied Arab territories,

Recalling also the General Assembly resolutions on Israeli violations of human rights in the Occupied Palestinian Territory, including East Jerusalem, occupied since 1967,

Recalling further the provisions of the Vienna Declaration and Programme of Action, adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23),

Taking note of the report (E/CN.4/2000/25) of the Special Rapporteur, Mr. Giorgio Giacomelli, regarding his mission undertaken in accordance with Commission resolution 1993/2 A of 19 February 1993,

Taking note also of the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories submitted to the General Assembly since 1968, including the latest (A/54/325 and A/54/73 and Add.1),

Noting with great concern the continued Israeli refusal to abide by the resolutions of the Security Council, the General Assembly and the Commission on Human Rights calling upon Israel to put an end to the violations of human rights, and affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967,

Gravely concerned at the stagnation of the peace process because of the contempt of the Government of Israel for the principles on which that process was based, and its refusal to carry out its commitments in line with the agreements it signed with the Palestine Liberation Organization, on the basis of land for peace, in Washington, Cairo, Hebron, Wye River and Sharm el Sheikh,

Recalling all its previous resolutions on the subject, including the latest, resolution 1999/5 of 23 April 1999,

1. Condemns the continued violations of human rights in the Occupied Palestinian Territory, including East Jerusalem, in particular the continuation of acts of wounding and killing perpetrated by Israeli soldiers and settlers against Palestinians, in addition to the detention of thousands of Palestinians without trial, the continuation of the confiscation of Palestinian lands, the extension and the establishment of Israeli settlements thereon, the confiscation of Palestinian property and expropriation of their land, the demolition of Palestinian homes and the uprooting of fruit trees, and calls upon Israel to cease immediately these acts, which constitute grave violations of human rights and of the principles of international law and also constitute a major obstacle in the way of the peace process;

2. Also condemns the expropriation of Palestinian homes in Jerusalem, the revocation of identity cards of the citizens of the Palestinian city of Jerusalem, the imposition of fabricated and exorbitant taxes with the aim of forcing the Palestinian citizens of Jerusalem, who cannot afford to pay these high taxes, out of their homes and out of their city, preparing in this way the path for the Judaization of Jerusalem, and calls upon the Government of Israel to put an end immediately to these practices;

3. Further condemns the use of torture against Palestinians during interrogation, as it constitutes a grave breach of the principles of international humanitarian law and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and calls upon the Government of Israel to put an end immediately to the use of such practices;

4. Reaffirms that all the Israeli settlements in the Palestinian territory occupied since 1967, including East Jerusalem, are illegal, constitute a flagrant violation of the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and of the principles of international law, and should be dismantled in order to achieve a just, permanent and comprehensive peace in the region of the Middle East;

5. Also reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War is applicable to the Palestinian territory and other Arab territories occupied by Israel since 1967, including East Jerusalem, and considers any change in the geographical and demographic status of the city of East Jerusalem from its situation prior to the June 1967 war to be illegal and void;

6. Calls upon Israel to cease immediately its policy of enforcing collective punishments, such as demolition of houses and closure of the Palestinian territory, measures which constitute flagrant violations of international law and international humanitarian law, endanger the lives of Palestinians and also constitute a major obstacle in the way of peace;

7. Calls once more upon Israel, the occupying Power, to desist from all forms of violation of human rights in the Occupied Palestinian Territory, including East Jerusalem, and other occupied Arab territories, and to respect the bases of international law, the principles of international humanitarian law, its international commitments and the agreements it signed with the Palestine Liberation Organization in relation to the peace process;

8. Also calls upon Israel to withdraw from the Palestinian territory, including East Jerusalem, and the other Arab territories occupied since 1967, in accordance with the relevant resolutions of the United Nations and the Commission on Human Rights, as a basic condition for achieving a just, lasting and comprehensive peace in the Middle East;

9. Requests the Secretary-General to bring the present resolution to the attention of the Government of Israel and all other Governments, the competent United Nations organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations, to disseminate it on the widest possible scale and to report on its implementation by the Government of Israel to the Commission on Human Rights at its fifty-seventh session;

10. Also requests the Secretary-General to provide the Commission on Human Rights with all United Nations reports issued between sessions of the Commission that deal with the conditions in which the citizens of the Palestinian and other occupied Arab territories are living under the Israeli occupation;

11. Decides to consider this question at its fifty-seventh session under the same agenda item, as a matter of high priority.
52nd meeting
17 April 2000
[Adopted by a roll-call vote of 31 votes to 1,
with 19 abstentions. See chap. VIII.]

2000/7. Human rights in the occupied Syrian Golan

The Commission on Human Rights,

Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan due to the violation of their fundamental and human rights since the Israeli military occupation of 1967,

Recalling Security Council resolution 497 (1981) of 17 December 1981,

Recalling also all relevant General Assembly resolutions, including the latest, resolution 54/80 of 6 December 1999, in which the Assembly, inter alia, called upon Israel to comply with Security Council resolution 497 (1981), to put an end to its practices violating the rights of the Syrian citizens in the occupied Syrian Golan and to put an end to its occupation of the occupied Syrian Golan,

Reaffirming once more the illegality of Israel’s decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory,

Reaffirming the principle of non-acquisition of territory by force in accordance with the Charter of the United Nations and the principles of international law,

Taking note with deep concern of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (A/54/325) and, in this connection, deploring the Israeli settlement in the occupied Arab territories and regretting Israel’s constant refusal to cooperate with and to receive the Special Committee,

Guided by the relevant provisions of the Charter of the United Nations, international law and the Universal Declaration of Human Rights, and reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and the relevant provisions of the Hague Conventions of 1899 and 1907 to the occupied Syrian Golan,

Reaffirming the importance of the peace process which started in Madrid on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the principle of land for peace, which aims at the establishment of a just and comprehensive peace in the Middle East,

Expressing its concern about the stoppage of the peace process on the Syrian and Lebanese tracks, and hoping that the commitments and guarantees reached during the previous talks will be respected in order that the talks may resume as soon as possible on both tracks,

Reaffirming its previous relevant resolutions, the most recent being resolution 1999/6 of 23 April 1999,

1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council, particularly resolution 497 (1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void and without international legal effect, and demanded that Israel should rescind forthwith its decision;

2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties;

3. Further calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and to desist from its repressive measures against them, and from all other practices mentioned in the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories;

4. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War and have no legal effect;

5. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above;

6. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, the specialized agencies, regional intergovernmental organizations and international humanitarian organizations and to give it the widest possible publicity, and to report to the Commission on Human Rights at its fifty-seventh session;

7. Decides to include in the provisional agenda of its fifty-seventh session, as a matter of high priority, the item entitled “Question of the violation of human rights in the occupied Arab territories, including Palestine”.
52nd meeting
17 April 2000
[Adopted by a roll-call vote of 31 votes to 1,
with 19 abstentions. See chap. VIII.]



...
VIII. Question of the violation of human rights in the
occupied Arab territories, including Palestine

93. The Commission considered agenda item 8 at its 13th and 14th meetings, on 28 March, and at its 52nd meeting, on 17 April 2000. See chap. III above, para. 1, note 5.

94. For the documents issued under agenda item 8, see annex VI to the present report. For a list of all resolutions and decisions adopted by the Commission and Chairperson’s statements, by agenda item, see annex V.

95. At the 13th meeting, on 28 March 2000, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, Mr. Giorgio Giacomelli, introduced his report (E/CN.4/2000/25). At the 14th meeting, on the same day, the Special Rapporteur made his concluding remarks.

96. In the general debate on agenda item 8, statements were made by members of the Commission, observers and representatives of non-governmental organizations. For a detailed list of speakers, see annex III to the present report.
Question of the violation of human rights in the
occupied Arab territories, including Palestine

97. At its 52nd meeting, on 17 April 2000, the representative of Bangladesh introduced draft resolution E/CN.4/2000/L.7, sponsored by Afghanistan, Algeria, Bahrain, Bangladesh, China, Cuba, Egypt, Indonesia, Jordan, Kuwait, Madagascar, Malaysia, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, the Sudan, Tunisia, the United Arab Emirates and Yemen. Pakistan and South Africa subsequently joined the sponsors.

98. Statements in connection with the draft resolution were made by the observers for Israel and Palestine.

99. Statements in explanation of vote before the vote were made by the representatives of the United States of America and Portugal (on behalf of the European Union; Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia aligned themselves with the statement).

100. At the request of the representative of the United States of America, a roll-call vote was taken on the draft resolution, which was adopted by 31 votes to 1, with 19 abstentions. The voting was as follows:

Against: United States of America.

Abstaining: Argentina, Canada, Czech Republic, Ecuador, El Salvador, France,
101. For the text of the resolution as adopted, see chapter II, section A, resolution 2000/6.
Human rights in the occupied Syrian Golan

102. Also at its 52nd meeting, the Observer for the Syrian Arab Republic introduced draft resolution E/CN.4/2000/L.8, sponsored by Algeria, Bahrain, Bangladesh, Cuba, the Democratic People’s Republic of Korea, Egypt, Indonesia, Jordan, Kuwait, Lebanon, the Libyan Arab Jamahiriya, Malaysia, Mauritania, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates and Yemen. Palestine subsequently joined the sponsors.

103. Statements in connection with the draft resolution were made by the observers for Israel and Palestine.

104. A statement in explanation of vote before the vote was made by the representatives of Portugal (on behalf of the European Union; Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia aligned themselves with the statement) and the United States of America.

105. At the request of the United States of America, a roll-call vote was taken on the draft resolution, which was adopted by 31 votes to 1, with 19 abstentions. The voting was as follows:

Against: United States of America.

Abstaining: Brazil, Canada, Czech Republic, Ecuador, El Salvador, France, Germany,
Guatemala, Italy, Japan, Latvia, Luxembourg, Norway, Peru, Poland,
Portugal, Romania, Spain, United Kingdom of Great Britain and
Northern Ireland.

106. For the text of the resolution as adopted, see chapter II, section A, resolution 2000/7.
Israeli settlements in the occupied Arab territories

107. Also at its 52nd meeting, the representative of Portugal (on behalf of the European Union) introduced draft resolution E/CN.4/2000/L.9, sponsored by Algeria, Austria, Bangladesh, Belarus, Belgium, Bulgaria, the Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Madagascar, Morocco, the Netherlands, Portugal, Qatar, San Marino, Saudi Arabia, Slovakia, South Africa, Spain, Sweden, Switzerland, Tunisia and the United Kingdom of Great Britain and Northern Ireland. Australia, Cyprus, Jordan, Malta, New Zealand, Pakistan, the Sudan and Turkey subsequently joined the sponsors.

108. A statement in connection with the draft resolution was made by the Observer for Israel.

109. The representative of the United States of America made a statement in explanation of vote before the vote.

110. At the request of the United States of America, a roll-call vote was taken on the draft resolution, which was adopted by 50 votes to 1, with 1 abstention. The voting was as follows:

Against: United States of America.

Abstaining: Romania.

111. For the text of the resolution as adopted, see chapter II, section A, resolution 2000/8.

...



Follow UNISPAL RSS Twitter