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Plusieurs délégations dénoncent la contruction par Israël du mur de séparation qui est contraire à l'avis consultatif de la CIJ - débat de la 4ème commission de l'AG - Communiqué de presse (extraits) (5 novembre 2008) Français
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Source: Department of Public Information (DPI)
5 November 2008

General Assembly

Department of Public Information • News and Media Division • New York

Sixty-third General Assembly
Fourth Committee
22nd Meeting (AM)



Drafts Also Passed on Atomic Radiation Effects, Revitalizing Assembly’s Work;
Debate on Israeli Practices in Occupied Territories Hears More than 12 Speakers




As the Committee continued its consideration of Israeli practices affecting the human rights of Arab peoples in occupied lands, it had four documents before it:  a note of the Secretary-General transmitting the thirty-ninth report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (document A/63/273); the Secretary-General’s report on the work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories (document A/63/483); the Secretary-General’s report on Applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories (document A/63/484); and the Secretary-General’s report on the Occupied Syrian Golan (document A/63/482).


Report of Special Committee to Investigate Israeli Practices

E. M. SUDARSANA NATCHIAPPAN ( India) said that the serious deterioration of human rights in the Occupied Palestinian Territory and the Occupied Syrian Golan, as noted in the report, arose from the Israeli occupation.  The peoples of those territories continued to suffer from military action, resulting in a loss of life and property.  Cumulatively, restrictions on access, the expansion of settlements and the continued construction of the separation wall, isolation of territories, deprivation of energy and water, and continued violence against civilians bred frustration, rage and privation.

He said that the report and its predecessors clearly outlined the measurable failure to raise human rights standards of the people in the Occupied Territories. Measures should be taken by all parties –- but especially by Israel –- to stop the policy of confiscation of Palestinian land.  Israel must also restore the freedom of movement of Palestinians, expand access, end closures ,especially in Gaza, and ensure respect for international law.  It must cease mass arrests and arbitrary detentions, and curtailments of basic services.

At the same time, all Palestinian parties must comply fully with the requirements of the Road Map, as elaborated by the Quartet ( United Nations, Russian Federation, United States, European Union).  He welcomed efforts by regional States to address the division in Palestinian polity and society.  His delegation unequivocally condemned all acts of terrorism, as well as provocation and incitement to violence, in the strongest terms, and equally criticized the harsh and disproportionate retaliatory measures by Israel.  The goal was to achieve, in a reasonable timeframe, a sovereign, independent, contiguous and viable Palestinian State with well-defined and secure borders, living side by side and at peace with Israel.

SHARKE CHAMAN KHAN ( Bangladesh) said that Israel continued to impose sweeping restrictions to Palestinian movement in the Occupied Palestinian Territory.  Increasing numbers of blockades, continued construction of the separation wall in deviation from the armistice Line of 1949, and expansion of Israeli settlements were worsening the humanitarian situation.  Additionally, there had been a marked increase in Israeli demolition of Palestinian homes, and 608 closure obstacles erected by Israel in the West Bank alone.

She said that Israel’s actions had broken all known international humanitarian norms, and recent military operations, which mostly targeted civilians, had totally isolated the Gaza Strip from the outside world and led to the re-occupation of some areas.  Denial of access to emergency humanitarian assistance had resulted in a high death toll among civilians, including women and children.  The situation in the Occupied Territories had deteriorated during the past year in the face of relentless violence, destruction, torture, killing, curfews, closures and systematic violations of human rights and legal norms by the Israeli forces.

The relevant provisions of the Geneva Convention stipulated the responsibilities of the occupying Power, she said, adding that Israel could not legally or morally absolve itself of its responsibility to guarantee the basic human rights of the people under its occupation.  Her delegation was gravely concerned about Israel’s practices in the Occupied Territories, and reiterated full and unwavering support for the legitimate and inalienable rights of the Palestinian people to a sovereign and independent homeland.  Construction of the wall should be stopped, and those segments already built should be dismantled. In closing, she called on Israel to exercise maximum restraint and halt all its “grisly policies and practices”.

AMR EL SHERBINI ( Egypt) said that Israel’s violation of international law was of growing concern, particularly the refusal since 1967 to allow the Special Committee to visit the Occupied Arab Territories to investigate the human rights situation there.  The occupation itself was a violation of human rights, and those systematic violations increased the feelings of frustration among Palestinians and drove their disappointment in the protection provided by the international community.  The applicability of the Fourth Geneva Convention concerning the protection of civilians in times of war must be ensured through the cessation of policies of excessive use of force and extrajudicial killings of Palestinians, as well as Israel’s destruction of Palestinian land, property, and infrastructure.

He called attention to the acceleration of settlement activities in the West Bank, and the related expansion of bypass roads, aimed at creating new realities on the ground that could last beyond the illegal de facto annexation of the Occupied Palestinian Territory before the beginning of the final status negotiations.  Israel’s “constant building” of the separation wall in order to sustain settlements also changed the political border of the Palestinian State, isolated the Palestinians and destroyed their unity and territorial integrity.  Furthermore, Israel’s persistent attempts to annex the Occupied Syrian Golan, change its character and judicial position and use its natural resources, was in violation of  Security Council resolution 497 (1981).

Egypt renewed its rejection of all Israeli measures and practices in the Golan, and emphasized that a just and comprehensive peace would not be achieved in the Middle East without Israel’s full withdrawal from all Occupied Arab Territories and the return of the Golan to the Arab Syrian sovereignty up to the borders of June 4, 1967, he said.  The time had come for the international community to “deviate from its silence” and firmly compel Israel to stop its violations of human rights and comply with its international law commitments.

TALAL AL SHATTI ( Kuwait) said that the plight of the Palestinian people remained regrettably unresolved, their human rights grossly violated, their territories occupied, and relevant Security Council resolutions “in deep freeze”.  Despite intensive efforts by the international community to revive the peace process, the Israeli Government continued its inhumane practices and excessive use of military force against unarmed Palestinians.  Additionally, Israel continued to build the separation wall, which damaged thousands of hectares of fertile land and water wells in the West Bank.

He said those practices were a clear and direct violation of the Fourth Geneva Convention, and Kuwait condemned all military attacks launched by Israeli forces against Palestinian territories.  He demanded an immediate cessation of the attacks against the civilian population.  He renewed his delegation’s total support for the struggle of the Palestinian people to gain their legitimate political rights by establishing their own independent State on their own territory, with Jerusalem as its capital.

The international community should assume its responsibilities in the field of security to deter and halt the practices of the Israeli Government, through the implementation of its resolutions and the adoption of immediate measures to protect civilians and guarantee that such brutal practices were not repeated, he said, calling for the immediate and unconditional withdrawal from the Occupied Syrian Golan.  He demanded that the Israeli Government cooperate with the Special Committee.  He appealed to the international community to pressure the Israeli Government to stop its gross violations of the international humanitarian law inside the Occupied Territories, and implement United Nations resolutions 242 (1967), 338 (1973), 1397 (2002), and 1515 (2003), as well as execute the principle of land for peace, and accept the Arab Peace Initiative and the Road Map, in order to reach a just and durable peace in the Middle East.

Aligning his delegation with the statement of the Non-Aligned Movement, AMIR HOSSEIN HOSSEINI (Iran) said that the highest priority should be accorded to the act of illegitimate and forceful occupation, which served as the first and foremost cause of decades of gross violations of human rights in the Occupied Palestinian Territory.  Among those grave violations were the killing of children, torture and mass arrests.

He said that the report noted, once again, that the human rights situation in the Occupied Palestinian Territory and in the Occupied Syrian Golan had deteriorated, and that the Palestinians’ right to self-determination remained elusive.  The occupation was the most flagrant violation of essential and inalienable human rights and had always been condemned by the international community.  In order for the Special Committee to effectively discharge its mandate, it must elaborate the ways and means that the peoples of the Palestinian Territories could exercise their right to self-determination.

Although Israel had prevented the Special Committee from visiting the Occupied Territories since 1968, it had nevertheless gathered findings that revealed the depth of the inhumane practices of the Israeli regime against the defenceless people living in Palestine and the other Occupied Territories, he said.  The policy of isolation and collective punishment had led Gaza to the brink of a humanitarian crisis, and humanitarian personnel of the United Nations and other organizations had been prevented from carrying out their functions.  All of Israel’s actions to alter the legal, physical and demographic condition of the Occupied Syrian Golan were null and void, and had no legal effect.

He said at least 68 children had been killed since the beginning of the year.  In addition, the expansion of settlements and closures had seriously fragmented communities and infringed on virtually every human right of the Palestinian people.  He urged all relevant organizations, institutions and arrangements, including international and national media, and academic, diplomatic and research institutions, to use their influence to publicize those circumstances. He emphasized the need for access to first-hand information about the Occupied Territories, and he fully-supported the regular dispatch of fact-finding missions by the Special Committee.

Peace in the Middle East could not be achieved through aggression, State terrorism, intimidation and occupation, he said. Rather, a durable peace in Palestine was only possible through the full restoration of the rights of the Palestinian people, including the return of all refugees to their homeland and the establishment of a Palestinian State, with Al-Quds Al-Sharif as its capital.

YUN YONG IL (Democratic People’s Republic of Korea), aligning his remarks with the statement made yesterday on behalf of the Non-Aligned Movement, expressed regret that the Middle East issue originating with the Israeli occupation of the Arab Territories remained unresolved after several decades, inflicting immeasurable suffering on the Palestinian people and other Arabs.  More than half of the Palestinian people were displaced and now lived in exile as refugees, with millions enduring grave hardships in the refugee camps throughout the region.  Thousands of Palestinians were “groaning” in Israeli prisons, and innocent civilians, including women and children, were being killed by brutal Israeli military incursions.  They were denied their inalienable and fundamental rights, including their right to self-determination and return, as well as their right to work, education and health care.  They were even deprived of the right of movement by the separation wall and hundreds of Israeli checkpoints.

He said Israel had also transformed the Gaza Strip into a prison by closing the border crossings and by extending settlements in order to permanently occupy the Arab territories.  Those human rights violations occurred on a daily basis, including in the Occupied Syrian Golan.  Yet it was well known that the international community would never dream of global peace and security without ending the Middle East conflict.  While the world community had adopted a number of measures to do so, none of them had been translated into action, owing to the improper attempts of certain countries, which tolerated Israel’s occupation and its human rights violations and even backed it up politically, militarily and economically for their own interests in the Middle East.  Those countries further urged the United Nations not to become a forum for condemning Israel’s human right violations.  Worse, there was an attempt to undermine the United Nations agencies related to Palestine.

Moving forward, he said the international community should resolve the Middle East conflict, including the Palestinian issue, in conformity with the interests of the Palestinian and Arab people and international law.  Israel should immediately withdraw its troops from all the Occupied Arab Territories and duly compensate for physical and mental damages.

HAMAD AL-ZAABI ( United Arab Emirates) said that Palestinians in the Occupied Territories lived in unheard of socio-economic conditions, and the report described very serious violations and unacceptable Israeli practices there.  Israel’s violations included impeding the flow of aid to vulnerable peoples, torture, destruction of houses, the building of settlements and the separation wall.  That had prevented the Palestinians from exercising their human rights for more than a generation, in violation of international human rights, specifically the Fourth Geneva Convention.

He said that Israel had subjected the Arab population to measures of detention and humiliating treatment in the midst of stepping up the colonization and settlement policy aimed at erasing the Arab identity in the region.  He condemned those violations in the Occupied Territories, including the Syrian Golan, and supported the work of the Special Committee.  He invited the international community to consider possible ways of living up to its responsibility to solve the problem, and called on the Security Council to make sure its resolutions were implemented.  The recommendations of the Committee must be implemented, as well as the resolutions adopted by the international community for Israel to withdraw from the Occupied Territories and put an end to aggressions against its populations.

He invited the international community to take measures to protect the Palestinian people and to end their suffering until the establishment of a Palestinian State, with Jerusalem as its capital.

SALEM AL-SHAFI (Qatar), pointing to the total lack of cooperation of the Israeli authorities, which had prevented the Special Committee’s work, recalled the General Assembly resolutions that called for the Special Committee to be able to continue its work until a just and lasting solution was found.  That lack of cooperation showed in an objective way the situation of the territories, which had become an open-air prison.  The situation of the Palestinian people -- oppressed for decades -- had worsened, particularly in the Gaza Strip where violence had exacerbated the civilians’ plight.  It was clear the violence was also worsening due to the incursions of Israeli Defense Forces.  That deadly use of force should be condemned outright.  Arbitrary measures had seriously undermined the socio-economic structures in the Occupied Palestinian Territory, and the number of detainees, including women and children, had exceeded 10,000.  The isolation of the Gaza Strip had severely and negatively affected the economy and the environment.

He said that Israel continued to build the separation wall and expand its settlements in contravention of international law.  All border crossings to Gaza had been sealed after the Gaza Strip had been declared a “hostile territory" by Israel, leading to the collapse of the local economy.  He asked the Security Council to urge Israel to heed the International Court of Justice’s advisory opinion on the separation wall, stressing that the Council had not lived up to its responsibility in that regard, which had undermined its credibility.

At this point, he said Qatar considered it imperative that Israel end its practices, including its collective punishment of Palestinian populations, in the Occupied Territory.  He also condemned all forms of violence that provoked retaliatory actions, and urged restraint on all sides.  He underlined the importance of all Security Council resolutions, as well as the General Assembly resolution of 1948, which dealt with the issue of refugees.  For lasting progress on the peace process, the return of all refugees within a reasonable timeframe and the establishment of a Palestinian State with Jerusalem as its capital were necessary.  Any attempt to change the legal status of the Occupied Golan should be halted and the human rights of the Palestinian people in the territory ensured.

MOHAMMED AL-ALLAF ( Jordan) said the humanitarian conditions in the Occupied Territories remained harsh, and the Palestinians’ humanitarian tragedy cast a long shadow on the whole region.  He called upon Israel to cooperate with the Special Committee so that its work would be enhanced.  The human rights of the Palestinian people could not be suspended, and the lack of cooperation undermined the peace efforts.  He underscored the need for Israel to end all activities aimed at creating new realities on the ground, in breach of international law and United Nations resolutions.

He emphasized his growing concern over the separation wall, as it impeded the lives and rights of the Palestinians, and that the inhumane restrictions affected the human rights situation, which impacted the social texture of Palestinian life.  The many checkpoints violated the right to work and movement, as well as health, movement of ambulance cars, and transport of medical supplies, and impeded the ability to provide necessary services.  Furthermore, he rejected Israel’s efforts to “Judaize” Jerusalem.

The policy of siege and impediment of movement of persons and goods violated article 33 of the Fourth Geneva Convention, he said, calling an end to the Israeli occupation an imperative and a return of the Syrian Golan to Syrian sovereignty, according to the 4 June 1967 borders.  All sides must respect the obligations laid out by the Quartet and follow the guidelines of the Road Map, in order to achieve a lasting and just peace in the region.

HABIB MANSOUR ( Tunisia) said the report provided information and numbers that were extremely worrying, given Israel’s continued siege and blockade of the Occupied Palestinian Territory.  It was clear that Israeli policies had continued to undermine the fundamental freedoms of the Palestinian people guaranteed by various international resolutions and laws.  That was a “multifaceted crisis on a catastrophic scale”, and had been reinforced by reports from other world bodies and non-governmental organizations.  Faced with the restrictions on the fundamental rights of the Palestinian people, the world community should reflect on how that inhumane situation ran counter to all of the principles it supported and consider why it was unable to bring those principles to bear on the Occupied Palestinian Territory.

Underscoring the seriousness of the situation, he said the separation wall had resulted in confiscation of Palestinian land and disruption of their daily lives.  More pressure should be put on Israel to meet its obligations under the Road Map.  The Quartet had called for an immediate cessation of settlement activities, yet the settlements were expanding.  It was deplorable that Member States had to continue to call for a fair solution to the conflict.  Indeed, it must be recognized that the on-the-ground situation was far from meeting expectations.

For its part, Tunisia had ceaselessly supported its sister population in Palestine, he said.  It called on relevant parties to intervene to halt the colonial settlement process.  He emphasized the role that dialogue should play in solving the crisis.  A search for a definitive and comprehensive solution to the Middle East conflict should address the need for a Palestinian State, as well as the issue of Palestinian refugees.  The Special Committee’s report contained valuable information and added value to any consideration of the question of Palestine.  Hopefully, the daily suffering of the Palestinian people could end one day.  The international community should seize the opportunity to make that so.

MOHAMED IBRAHIM EL BAHI ( Sudan) said that Israel continued to bring to bear policies that isolated and collectively punished the Palestinians, including through border crossings and the continued the building of the separation wall.  Even food aid was interrupted.  Despite the dozens of resolutions adopted by the international community, there were still “dastardly consequences” for the Palestinians, who were impeded from reaching East Jerusalem and cut off from humanitarian services.  The situation in the Syrian Golan was just as grim as that of East Jerusalem and Gaza, and Israel continued to violate the principles of the Security Council resolutions and other documents calling the annexation of the Golan as illegal.  Furthermore, prisoners in the Golan suffered physical and psychological abuse in Israeli jails.  The conditions in the territories had prevented the Palestinian people from claiming their right to self-determination and the establishment of an independent State, with Jerusalem as its capital.

He hoped the international community would be able to force Israel to uphold its commitments, in order to enable the creation of the State of Palestine, in line with the Annapolis Conference and the Road Map.  It was necessary to extend the mandate of the Special Committee to inspect the conditions of the Palestinians.  That included reminding the international community of its obligations vis-à-vis the Palestinians to allow them to restore their rights and create an independent state.  And that could only come about through a serious quest for a fair solution.  The suffering of the Palestinian people would only be lessened by a prompt solution under United Nations and Security Council resolutions based on the Arab peace initiative and taking into account the need for a comprehensive solution between the Arabs and Israelis.  Prolongation of the matter called into question the credibility of the international institutions.

FAISAL AL-ZAYANI ( Bahrain) said that while the Special Committee had once again not been granted access to the territories, its report was rich in details and bore witness to the deterioration of the human rights and fundamental freedoms of the Palestinian people in the Occupied Territories.  As the sixtieth anniversary of the Universal Declaration of Human Rights was being celebrated, his delegation was particularly concerned by the Special Committee’s conclusions regarding the consequences of the four-decade-long Israeli occupation.  The testimony made before the Special Committee painted a particularly painful picture of the constant deterioration of the humanitarian and economic situation of the Palestinian people.

He said that the Israeli policy of annexing land and creating settlements in the Occupied Palestinian Territory and the Occupied Syrian Golan flew in the face of international instruments and the United Nations Charter, as well as Security Council and General Assembly resolutions.  Indeed, those Israeli practices persisted, despite those legal instruments and the International Court of Justice’s advisory opinion on the separation wall.  The wall’s construction and the transfer of new illegal immigrants was a flagrant violation of the Fourth Geneva Convention.  Notably, those practices severely hindered the peace process.

The Special Committee’s report also pointed to increased settlement activity in the West Bank, in particular, following the Annapolis Conference, he said.  Despite Security Council resolution 252 (1968), in which the Council affirmed that the legislative and administrative measures aimed at modifying the status of Jerusalem were null and void, the barrier wall sought to modify the social structure of Jerusalem by reducing the number of Palestinians there.  The Office of the United Nations High Commissioner for Human Rights had noted that the regime associated with the separation wall limited the movements of Palestinian people.  The Special Committee’s parallel conclusion was that the wall’s route and its associated curfews and checkpoints had splintered the Palestinian population in that area, thereby violating their freedom of movement and negatively impacting the possibility for a future Palestinian State.

Further, he said, the blockade of Gaza and the closure of its border crossings increased the daily difficulties faced by the community and could lead to a total meltdown of the economy.  Yet, that blockade continued, despite the prohibition against collective punishment contained in article 33of the Fourth Geneva Convention.  Peace was, nevertheless, a strategic option, and the achievement of that peace required a change in the policies and practices that affected daily life in the Occupied Palestinian Territory.  Indeed, a comprehensive and just peace required the implementation of United Nations resolutions and a commitment to abide by them.

Aligning his delegation with the statement made on behalf of the Non-Aligned Movement, HAMIDON ALI ( Malaysia) said the findings of the Special Committee had reaffirmed that Palestinians and other Arabs in the Occupied Territories had been roundly subjected to human rights violations under the occupation.  It further stated that the human rights situation in the territories remained “atrociously the same” as previous years and, in some cases, had even worsened.  Israeli authorities had failed to adequately prevent attacks on Palestinians by settlers, even taking them lightly.

He said that construction of illegal settlements should be stopped immediately, and the confiscated land returned to their rightful owners.  The construction of the separation wall and the associated regime of movement control consisted of checkpoints, permits, and separate road systems, all of which isolated Palestinian communities and separated families.  In 2004, the International Court of Justice had declared that the construction of the wall was illegal.  He urged Israel to abide by that ruling and the international community to “see through that Israel does so”.

Children made up half of the Palestinian population, and he feared that the long-term impact of the disruptions of the social fabric would negatively impact them.  The persistent pattern of wilful violations of international law and human rights abuses was not consistent with the intention and actions of a Government that was “supposedly sincere and committed” to achieving peace with Palestine and its Arab neighbours.  The illegal actions must cease, and Israel must abide by  relevant international law and conventions, including the Fourth Geneva Convention and Security Council resolutions 242 (1967), 338 (1973) and 1515 (2003).

He said that a solution required sincerity, conviction, commitment and will, particularly by Israel and those powerful and influential countries close to it.  It was preposterous to conclude that Israel had been unjustly treated, and the peace processes should not be halted because of that assertion.  It was absurd to ignore the plight of the Palestinians living in total hardship and deprived of their rights.  There was no option but to restore to the Palestinians their human rights and dignity.  For that, Israel must end its occupation of Palestinian Territories occupied since 1967, including East Jerusalem.  Only through a comprehensive political solution involving all concerned parties could peace be achieved in the region.

R.M. MARTY NATALEGAWA ( Indonesia) said it was regrettable that the Israeli Government had not responded to the Special Committee’s request for access to the Occupied Territories in order to prepare its report.  Also noteworthy was that Government’s failure to reply to the notes verbales addressed to it by the Secretary-General in connection with General Assembly resolutions 62/107 and 62/110.  Nevertheless, the Special Committee’s report confirmed, as it had for years, the serious and growing deterioration of the human rights situation in the Occupied Palestinian Territory and the Occupied Syrian Golan as a result of the Israeli occupation.  The absence of protection for civilians and the escalation of violence had made that development more profound, particularly given the rise in Israeli military attacks and incursions.

He emphasized the intensification of the economic strangulation of the Occupied Palestinian Territory and the increasing dependence among Palestinians on humanitarian aid.  Paradoxically, the humanitarian agencies themselves were also suffering the impact of Israeli policies and actions, compounding the situation of the ordinary Palestinians who depended on them.  Equally concerning was Israel’s unabated construction of the separation wall and the impact of its illegal activities on Palestinian human rights.  According to the report, 57 per cent of the wall’s announced route had been completed by the end of May, while construction on 9 per cent of it continued.  Given the wall’s trajectory, and the steady expansion of settlements, curfews and closures, it was not difficult to see how the human rights of the Palestinians continued to be assaulted and violated.  Also clear was its cultural and economic devastation and accompanying despondency.

He called on Israel to match its proclamations about peace with the Palestinians with policies in the Occupied Palestinian Territory, starting by honouring its obligations under relevant resolutions of the General Assembly and the Security Council.  It should also honour the International Court of Justice’s advisory opinion to stop and dismantle the existing wall and its associated regimes, as well as the 1949 Geneva Convention on the protection of civilians.  He reaffirmed Indonesia’s support for a two-State solution that would create an independent, democratic and viable Palestinian State living side-by-side in peace and security with Israel and its other neighbours.

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