Report on Occupied Palestinian Territories

CD4 PEACE – REPORT OF 2ND MEETING OF THE 50TH REGULAR SESSION HUMAN RIGHTS COUNCIL (JUNE 2022)

June 13th, 2022: Interactive Dialogue with Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel (res. S-30/1)

All sources used to draft the report can be found here. The report was drafted by Emanuela Lamorte on July 11th, 2022.

Composition of the HRC

Vice-president Ulugbek Lapasov opened the Interactive Dialogue (ID) with the Commission Of Inquiry (COI) on the Occupied Palestinian Territory, including East Jerusalem and Israel (res. S-30/1).

In her opening remarks, Ms Navi Pillay, Chairperson, of the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel commended the Council for the adoption of A/HRC/RES/S-30/1 on 27 May 2021. The resolution has the objective of investigating all alleged violations of international humanitarian law and human rights law leading up to and since 13 April 2021 in the Occupied Palestinian Territory, including East Jerusalem, and Israel. Additionally, it seeks to investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity. This first report by the COI offers three overarching recommendations: the occupation must end without discrimination; the international community must adhere to international obligations and hold to account those guilty, and the capacity of the COI has been weakened by a reduction of 25% of its resources, it asks the Council to reinstate resources to enable it to operate at an adequate capacity.

The Chairperson highlighted the asymmetrical nature of the conflict dispelling the view that there are two parties on equal footing and reflecting the reality of one State occupying another. There is a state of "perpetual occupation" of Palestine which has led to increased discrimination, forced displacement, and settlement destructions, among others, all contributing to cycles of violence in both Israel and Palestine. The Palestinian Authority has failed to hold legislative and presidential elections. Moreover, there are continued violations of individual and collective rights, including excessive use of force, sometimes lethal, by Israeli security forces against Palestinians, including women and children, and journalists. The continued occupation of the Palestinian Territory, including East Jerusalem and Gaza, the 15-year blockade of Gaza, and longstanding discrimination within Israel are all linked and cannot be looked at in isolation.

Finally, the COI plans to conduct their investigations of alleged violations, followed by recommendations on accountability measures. They will work closely with judicial mechanisms to offer corporate and individual accountability. The COI regrets that Israel refuses to cooperate or permit access to Israel or the State of Palestine. It calls upon the international community to end double standards when it comes to holding perpetrators accountable. The COI will focus also on the responsibility of third states and private actors in the human rights violations in Palestine and Israel.

Israel (the country concerned) was not present in the room.

The State of Palestine (country concerned) acknowledged the work of the COI, regretting that the COI was not allowed access to East Jerusalem and highlighting that the illegal occupation of Palestine by Israel has continued for 55 years. Palestine highlighted the double standards of the U.S. and Israel as they both support the Commissions of Inquiry established in other places of the world but not this one. The COI did not mention violations that occurred in the last month, including, attacks on Muslims and congregations, illegal settlements, house demolitions, forced evictions, restrictions on the freedom of movement and extrajudicial killings. Israel uses brutal force against journalists and civilians and there is a blockage of justice in Israel. Palestine urges the COI's reports to referring to the Palestinian prisoners and Israeli's ill-treatment of them. Finally, Palestine highlighted that the reports should contain practical recommendations to hold countries and businesses accountable.

Interactive dialogue:

EU highlighted there must be a constructive engagement of both parties to reach a peaceful solution to the conflict, sharing its concern about the situation in Gaza and condemning the indiscriminate violence of Hamas. It supported a two-state solution and called for accountability.

Saudi Arabia (on behalf of the Gulf Cooperation Council) thanked the Commission for the report. According to Saudi Arabia, the international community is not putting enough pressure on Israel to respect the international instruments. The countries members of the GCC expressed support for the Palestinian people. The group of countries condemned the forced displacements, the assassination of civilians, and violations of human rights.

Pakistan (on behalf of the OIC) welcomed the report of the COI and regretted the lack of cooperation by Israel with the COI and all the UN mechanisms. Israel has violated the 4 Geneva Convention and the customary law. Pakistan urged the international community to end these double standard obligations by bringing an end to all the occupied territories and liberating people from an apartheid policy.

Jordan (on behalf of the Arab Group) expressed its concern about the fact that Israel is not cooperating with the COI. The group of Arab states insisted on the fact that Israel should put an end to the occupation of Palestinian territories and that the cycle of violence should be stopped. The country supported the work of the COI and condemned the attack against the members of the Commission.

The United States (on behalf of a Group of Countries) said no country is above scrutiny. The Council should work to counter impunity and promote accountability on a basis of universally applied standards. The nature of the COI is a further demonstration of longstanding disproportionate attention given to Israel and must stop. The COI will continue contributing to the polarisation of the situation.

Pakistan (on behalf of a Group of Countries) thanked the COI and urged the community to reject topics that question the authority of the Council. The country said the mandate must receive the necessary resources to function at its full capacity. Pakistan endorsed the COI to find the underlying root causes of the current violations and called all states to give full assistance to the COI to carry out its work.

The United Arab Emirates mentioned that Israel must put an end to all illegal practices in occupied Palestinian territories, expressed its support for peaceful initiatives and the Palestinian cause, and reiterated its commitment to work with all regional partners to find a solution.

France said that the mandate of the COI is too broad and objectives are not determined fully to put an end to the violence. France expressed its concern over the death of journalists. According to the country, in the absence of a political solution, the conflict will continue. A two-state solution is a way to ensure lasting peace.

Qatar welcomed the report and expressed regret on the fact that Israel was not collaborating with the COI. The country supported the conclusions of the report and wanted to encourage the occupying power to put an end to violations of IL. Qatar urged the international community to put an end to the policy of double standard, the policy of colonisation, embargo, forced displacements and attempts to change the identity of citizens of Jerusalem.

Cuba welcomed the work of the COI. Cuba stated that the root causes remain. The country agreed with the conclusion of the report. Cuba said that the Palestinian people have the right to have a sovereign and independent state with Jerusalem as its capital.

Luxembourg urged all parties to cooperate with the independent Commission, especially by providing the COI access to occupied Palestinian territories. The country condemned the lack of respect for human rights in Palestinian-occupied territories. According to the country, the continuous lack of impunity also represents an obstacle to justice. Luxembourg asked what would be the COI priority in the future report.

Libya welcomed the report and condemned the continuing policy implemented by the occupied power. Libya noted that international silence encourages Israel in its hegemonic policy.

Iraq welcomed the report of the COI and the cooperation of Palestine with the COI. The state condemned the fact that the occupying power has not cooperated and refused access to the members of the COI. The country noted that violations of IL are still going on, made by the occupying power.

Brunei Darussalam aligned itself with the statement made by Pakistan. The country expressed its support for the COI and its mandate. The representative recalled HRC resolution S/30/1 which urges all countries to provide the access required by the Commission. Brunei Darussalam expressed its solidarity with the Palestinian people.

Bangladesh thanked the COI for its first report and expressed concern about the fact that Israel does not comply with the UN mechanisms and does not intend to end the occupation. Bangladesh emphasized that Israel is denying the Palestinian people basic civil rights. Bangladesh expressed alarm about the continuous culture of impunity of violators of international law.

Venezuela informed that the country itself was a supporter of the resolution establishing the COI. The country strongly condemned the aggression of Israel and its lack of cooperation with the COI.

Namibia welcomed the work of the COI, which not only focus, on state and individual responsibility but also corporate responsibility in the occupied Palestinian territory. Namibia called on states to guarantee the rights of the Palestinian people, in particular the right to self-determination.

The Russian Federation stressed the importance of the independent work of the COI. The country supported the Palestinians and regretted the murder of a Palestinian journalist. Russia emphasised that it was ready to work and cooperate with regional players.

The Maldives expressed solidarity with the people of Palestine in their legitimate struggle for their homeland. Israel denied the freedom of movement of Palestinians in their land. The Maldives noted that countries must act now to allow the Palestinian people to live a life of dignity and emphasized that the solution is only a two states solution in which the state of Palestine achieves its sovereignty based on its 1967 borders with East Jerusalem as its capital.

Malaysia supported the work of the COI, which is led independently and impartially. The country regretted that the COI is facing administrative and financial constraints. Malaysia denounced the systemic oppression by Israel of Palestine and the denial of basic civil rights.

CD4 PEACE – REPORT OF 3RD MEETING OF THE 50TH REGULAR SESSION HUMAN RIGHTS COUNCIL (JUNE 2022)

10:00 AM, June 14th, 2022: Interactive Dialogue with Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel (res. S-30/1)

All sources used to draft the report can be found here. The report was drafted by Emanuela Lamorte on July 11th, 2022.

Composition of the HRC

Vice-president Andranik Hovhannisyan opened the 3rd meeting of the 5th Regular Session of the Human Rights Council, on the ID with COI on the Occupied Palestinian Territory, including East Jerusalem and Israel (res. S-30/1).

Interactive dialogue: CONTINUED

Saudi Arabia thanked the team of the COI. Israel is jeopardizing Palestinian national identity, mobility and access to resources together with kidnapping and destruction of infrastructure. The country called on international community responsibility.

Mauritania welcomed the report of the COI. The country regretted that Israel was not ready to implement any of the COI's recommendations, allow access to its territory and restore peace.

Egypt welcomed the members of the COI and the report. The country renewed its support for the mandate of the COI. Egypt agreed with the report that putting an end to violence should be done first with the eradication of the root causes of these violations particular the Israeli occupation of the Palestinian territories. The representative also highlighted that Egypt has put 5 million dollars into the reconstruction of the Gaza Strip.

China shared its deep concern about the situation in OPT, denouncing the expansion of illegal settlements in Israel and calling upon the occupying forces to lift the blockade of Gaza. Israel should restrain itself to avoid the vicious cycle of violence and conflicts and the two-State plan should be promoted.

Algeria stated that the mandate must receive the necessary resources to function in its full capacity and denounced the systemic oppression by Israel of Palestine and the denial of basic civil rights. The solution would be to put an end to the occupation and to guarantee the Palestinian people the right to self-determination.

Chile thanked the COI for its report. The country regretted the lack of progress in the implementation of the recommendations by the mandates in the OPT and called for a negotiated solution.

DPRK expressed concern about the continuous violations of IL by Israel and the lack of accountability for these violations. The country expressed solidarity with the Palestinian government and people in their struggle to put an end to the occupation.

The Syrian Arab Republic highlighted the seriousness of the crimes committed by the Israeli occupation in OPT. The country urged the need for accountability and the end of a double standard carried on by the US, in contradiction to its membership in the Council.

Pakistan emphasized that the mandate must receive the necessary resources to function at its full capacity. The country appreciated the cooperation of the country of Palestine with the COI while Israel refused. Pakistan expressed concern about the brutal killing of an Aljazeera journalist in the occupied West Bank and asked the COI to investigate the case in line with the global goal to provide justice to the victims.

Turkey welcomed the establishment of the COI and stated that it will continue to support the work of the Commission. The country highlighted that the status quo in Palestine is not sustainable and is in contradiction with IL. Turkey noted that the solution must involve establishing an independent Palestinian State as of the 1967 borders.

Sri Lanka appreciated the work of the UN relief agencies and called for renewed support for their activities. The country highlighted the right of the Palestinian people to statehood. The representative of Sri Lanka also informed that a solution must include the establishment of the state of Palestine as the 1967 border which is key to achieving long-term security and prosperity.

Lebanon expressed its support for the COI and concern about the continuous violations of human rights by the occupying power. Moreover, the state noted that Israel does not have the intention to end the occupation and there is not enough pressure from the international community to end this occupation.

South Africa stressed the importance of the work of the COI, which should not be underestimated. The county expressed deep concern about the continuous occupation by Israel in contradiction with IL. The representative expressed his hope that one day this COI will not be necessary anymore since all Palestinian rights will be respected until then e encouraged the COI to do its work with diligence.

Bolivia welcomed the report and reiterated its concern about Palestinian deaths and the death of an Aljazeera journalist. The country stated its support for a lasting and just peace solution to be achieved with dialogue.

Kuwait condemned all actions perpetrated by Israel in contradiction with international law and international humanitarian law and how Israel has treated IOs, in particular, the human rights mechanism. The country called on the international community to protect the Palestinian people.

Yemen thanked them for the report. the country noted that the suffering of the Palestinian people is escalating. Yemen called upon the countries and the council to safeguard the right of Palestinians to have their own country based on the 1967 borders.

Oman extended thanks to the presidency of the Council and the members of the COI. The representative recalled some elements of the report and stated that the conclusions of the report have not been implemented. The country asked the Committee how could the IOC find a way to compel Israel to comply with internationally adopted resolutions and conclusions.

Jordan thanked the COI for the efforts made for the report and agreed with what was indicated in the report. The country condemned the violence perpetrated by the occupying power and insisted on

the need of putting an end to the Israeli occupation. The state encouraged a two-state solution for the end of the occupation and pressure from the international community

Iran thanked the members of the Commission for their work and urged the international community to put an end to the occupation. Perpetual occupation and lack of accountability could explain the insecurity in the region.

Tunisia emphasized the conclusion of the report according to which the occupation of the Palestinian territories is the main root cause of the ongoing tensions. The country stressed the need for an immediate end of occupation and settlement and Israeli barbaric practices. Tunisia also expressed its support for Palestinian rights to self-determination.

Sudan thanked the COI for the report and reiterated its support for the mandate of the commission. The country insisted on the need to put an end to the current violations against the Palestinian people and called upon Israel to respect human rights commitment.

Botswana encouraged the Commission to have direct access to occupied Palestine to conform to its mandate. The country regretted that Israel was not ready to implement any of the COI's recommendations and allow access to its territory.

Indonesia welcomed the report of the COI. The country strongly condemned the targeting of journalists and illegal settlement. Indonesia called on the Council to exercise a consistent approach to end Israeli inhuman practice and apartheid policy. The country also called upon Israel to fully comply with its obligations under IHL.

Australia expressed deep concern about the ongoing conflict and a lack of progress toward a just two states solution. Australia believed that no country should be above scrutiny and agreed that countries must work to counter impunity based on universally applied standards. Australia stated that the Human Rights Council brings disproportional scrutiny to Israel and believes that Israel is not the only country that should be a permanent item on the agenda of the HRC. That is why Australia will not engage in item 7 of the council debate. Australia also believed that viewing conflict only from one perspective will not achieve peace.

Somalia aligned itself with the statement made by the African group. Somalia thanked the COI for their comprehensive report and regretted Israel's lack of cooperation. According to Somalia, the case of Palestine determines the ability of the countries to implement moral principles and human rights in the real situation. The country expressed support for the right to self-determination of the Palestinian people.

Ireland aligned with the EU statement and thanked the COI. The country condemned the recent killing of the journalist of Aljazeera and the actions of Israeli police after the funeral. The country called upon Israeli and Palestinian authorities to ensure that fundamental rights are protected. Ireland condemned all attacks on civilians in Israel and the OPT. The representative expressed concern for the attacks aiming at holy sites and reiterated the importance of the preservation of the holy sites and respect for the custodian role of Jordan.

Ms Navi Pillay, Chairperson, United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (Final remarks) noted that a large number of countries, who spoke at the HRC, recognised the role of the

COI and its mandate while others such as the USA questioned the mandate of the COI. The position of the USA is ambiguous since the country supports the HRC in other instances such as with the COI on Syria and the one on Myanmar. Ms Pllay encouraged states to treat their state friends as they would treat their enemies when it comes to violations of human rights. Ms Pillay highlighted that in the next report they are going to look at all UN resolutions. While in the current report, the assessment of the root causes of the situation in Palestine is clear and it is that the current violations of human rights are due to the occupation by Israel. Ms Pillay also recalled that the methods of the HRC are the methods decided by the states themselves. Accusations of bias against Israeli policy and practices are not new and often used by Israel to detect policy attention from findings and recommendations. Israel should be held accountable for any failure of human rights protection within its border and in its earlier areas of control. In the next report, the COI will give space to broad questions. It will seek to identify all patterns and structural inequalities that affect the enjoyment of human rights of all individuals in the occupied Palestinian territory. It will seek to identify who and what is responsible to ensure that the perpetrators of violations are held accountable.

Vice-president Andranik Hovhannisyan ended the meeting.