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COMMISSION ON HUMAN RIGHTS TAKES UP SITUATION IN THE OCCUPIED ARAB TERRITORIES, INCLUDING PALESTINE; CONCLUDES DEBATE ON RIGHT TO DEVELOPMENT
31 March 1999
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HR/CN/99/16
31 March 1999
Special Rapporteur on Occupied Palestinian Territories Introduces Report
The Commission on Human Rights this morning started its consideration of the question of the violation of human rights in the occupied Arab territories, including Palestine. Speakers expressed grave concern that the Middle East peace process had come to a stand-still, and urged all parties in the conflict to respect human rights.
The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Hannu Halinen, spoke of the grave consequences of the persisting foreign occupation for the respect of human rights, and its effects, notably upon Palestinian children.
A Palestinian delegate addressed the Commission, deploring Israel’s military occupation as a flagrant violation of human rights. The very lives of the Palestinian people were threatened daily due to the policies of the Israeli Government which was persisting in reviving a system of apartheid.
An Israeli delegate said the Special Rapporteur’s report was one-sided and did not detail the violations of human rights that occurred in the Palestinian territories. No progress on the peace process could happen until the Palestinian Authority respected the agreements it had made with Israel.
Anna Lindh, Minister for Foreign Affairs of Sweden, also addressed the Commission, saying that the human rights situation around the world gave no reason for complacency, and that although the responsibility rested primarily with individual States, the United Nations Charter mandated all to cooperate in order to ensure respect for human rights.
Derek Fatchett, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland, spoke of the fight against racism in his country, and of the necessary protection of human rights defenders. There was a need for strengthening the United Nations human rights machinery, he added.
Also this morning, the Commission concluded its debate on the right to development. The nature of this right as an inalienable, indivisible and fundamental human right was discussed, and mechanisms for its global enjoyment were propounded. Speakers said peace, security and democracy were the ideal conditions for the obtention of this right on a global and national basis.
Representatives of Germany (on behalf of the European Union), Botswana, Pakistan, Morocco, Madagascar, Norway, Bangladesh, the Russian Federation, and Senegal addressed the Commission, as did the following non-governmental organizations: the Indian Council of Education, the International Federation of Rural Adult Catholic Movements, the International Movement of the Apostolate in the Independent Social Milieus, the International Institute for Peace, the Indian Movement “Tupaj Amaru”, the European Union of Public Relations, the Society for Threatened Peoples, the International Confederation of Free Trade Unions, the International Indian Treaty Council, the International Association against Torture, Franciscans International, and the World Moslem Congress.
When it reconvenes at 3 p.m. this afternoon, the Commission will continue its consideration of the question of the violation of human rights in the occupied Arab territories, including Palestine. It might also start its discussion on the question of the violation of human rights and fundamental freedoms in any part of the world.
Question of the violation of human rights in the occupied Arab territories, including Palestine
Under this agenda item, the Commission had before it a series of documents, including a report on the situation in the occupied territories (E/CN.4/1999/24) submitted by Special Rapporteur Hannu Halinen, which remarks, among other things, that "the Government of Israel, regrettably, still refuses to cooperate with the United Nations human rights mechanisms"; that expansion of Israeli settlements in the territories and demolition of Palestinian homes are causes of mounting concern; that strict closure of the occupied territories as a form of collective punishment have been implemented to a lesser degree than in the past, but still occur; that Israel's High Court of Justice "has not pronounced itself regarding the legality of interrogation methods which amount to torture, but has lifted interim injunctions prohibiting torture with regard to specific cases"; that "Palestinians detained by the Palestinian Authority are often, in the course of interrogation, subjected to torture"; and that throughout the region "sustainable peace cannot be achieved without respect for human rights".
There were two letters from the Permanent Observer for Palestine to the United Nations Office at Geneva protesting expansion of the municipal boundaries of Jerusalem to the occupied West Bank (E/CN.4/1999/5) and destruction of Palestinian-owned houses in Jerusalem (E/CN.4/1999/108).
There was a letter from the Permanent Representative of the Syrian Arab Republic (E/CN.4/1999/106) charging that "Israeli occupation authorities are continuing their various aggressive and inhuman practices on Syrian territory".
There were reports from the Secretary-General noting that resolutions passed by the Commission at its session last year relating to the occupied territories had been disseminated as requested (E/CN.4/1999/21 and 22). And a note from the Secretary-General (E/CN.4/1999/23) drew the Commission's attention to reports relating to the topic of the occupied territories issued by the United Nations since the Commission's last session.
Statements
ANNA LINDH, Minister of Foreign Affairs of Sweden, said among the root causes for the conflict in Kosovo was the violation of fundamental human rights. Aggression, displacement of people, harassment and discrimination had gone on there for at least 10 years. Despite progress, the human rights situation around the world gave no reason for complacency. She gave examples of Turkey's behaviour towards the Kurds, which she termed unacceptable. The Turkish Government needed to meet with the democratic forces among the Kurdish people in a dialogue. Yet the decision to forbid the Mass Democratic Party, an organization not linked to the PKK, was a sign of the contrary. In Sierra Leone, children were being maimed, human rights defenders and trade unionists were being killed in Colombia, and authors were being killed in Iran. All over the world, millions of refugees were without a country, a home, a job, an education, medical care or food.
To improve the future, the world must respect human rights and the focus should be the young generation, Ms. Lindh said. Ten years had passed since the adoption of the Convention on the Rights of the Child. Children continued to suffer serious violations of their rights. For example, 300,000 children were made soldiers in armed conflicts; 11 million were victims of sex trafficking and prostitution; 250 million were child labourers; 160 million suffered from hunger and starvation; 125 million were deprived of education; and 25 million were denied a home country.
The right to life was fundamental, Ms. Lindh added. The death penalty could not be accepted. She welcomed steps by Azerbaijan, Bulgaria, and Lithuania who had abolished capital punishment. In other countries, regrettably, like the United States, China, and Saudi Arabia, capital punishment continued.
In the year 2001 the World Conference Against Racism would be held. Sweden was actively participating in the preparations. Apartheid had been defeated but States needed to succeed in eliminating racism which manifested itself in new shapes. Racism, intolerance, and harassment of others must be fought by each generation, by any society and by every civilization. With regard to promoting human rights, the improvements made in South Africa, eastern Europe, Latin America and many other parts of the world were encouraging.
DEREK FATCHETT, Minister of State for Foreign and Commonwealth Affairs of Great Britain and Northern Ireland, said the mounting catastrophe in Kosovo must be stopped; the perpetrators of the appalling violence there should be under no illusion: their actions would not be tolerated and they would be brought to justice.
The United Kingdom had its own human-rights problems; among other things, the Government continued to tackle racism wherever it occurred in British society. Many had heard about the death of Stephen Lawrence who had been murdered in a horrendous racist attack in London six years ago; the recent report from the inquiry into the death made 70 recommendations to improve the investigation and prosecution of racist crimes, and an action plan had been published early this month on how the Government, police, criminal-justice agencies, and others would carry out the plan and the recommendations. The action plan was part of the Government's commitment to building an anti-racist society.
The United Kingdom's foreign and development policies recognized the link between poverty and the denial of human rights, and the Government was adopting a rights-based approach to development assistance by tackling those structures of Government and society which disadvantaged the poor and resulted in persistent discrimination and impoverishment of women, children, indigenous peoples, or those with disabilities, Mr. Fatchett said.
Human-rights defenders had to be defended themselves; the recent murder in Northern Ireland of solicitor Rosemary Nelson was an appalling illustration of the risks run by those who sought to promote the well-being of others. Prime Minister Tony Blair had condemned this disgusting act of barbarity and said that no effort would be spared in hunting down and bringing to justice those responsible. It was not possible to turn a blind eye when pro-democracy campaigners were treated as a threat to state security, denied fair trials, and given disproportionate prison sentences, as was now occurring in China, a country which had engaged in a meaningful human-rights dialogue with the United Kingdom and other countries and had signed the International Covenant on Civil and Political Rights. This trend in China was worrying, Mr. Fatchett said.
The United Kingdom also was concerned by the treatment of human-
rights defenders in Colombia and Belarus. In Europe, too, he said, those who spoke out for democracy could not always do so without fear.
Mr. Fatchett added that his country was concerned at repeated denial of access by Algeria to Special Rapporteurs of the Commission. Algeria, a country with a long and proud international tradition, should not choose to undermine the credibility of United Nations mechanisms in this way.
ANJALI GANDHI, of the Indian Council of Education, said the right to development was a comprehensive economic, social, cultural and political process which aimed at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development; and in the fair distribution of benefits resulting therefrom. It was the duty of States to cooperate by improving international conditions conducive to the realization of the right to development, and to provide appropriate designs for social action, complemented by international action. The right to development also provided for social justice within and among States. The Commission should stress the need for the creation of an international environment marked by justice and equity.
PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said social and economic regression required that particular attention be paid to the right to development. The Federation wanted to bring the Commission's attention to the situation under the current industrial and economic system. Local small-economy efforts using savings cooperatives had enabled jobs to be produced in the Congo; in Tanzania small farmers had pulled themselves together. In Nicaragua, after Hurricane Mitch, small farmers had been forgotten. In Mexico, small farmers were working together to protect the environment and use resources efficiently. In Europe, small farmers were forced to make choices; they mobilized themselves in this regard; to survive they needed rural political movements to actively protect their interests.
The Commission should not merely look at the trade balance and at trade rules imposed by the World Trade Organization. It must work in practical ways to realize the right to development.
GILBERT ROSSARY, of the International Movement of the Apostolate in the Independent Social Milieus, said the heavy foreign debt of struggling developing nations should be reduced or abolished for the year 2000; that would give those countries the chance to recover and advance along with the globalizing economy. Much debt relief and debt rescheduling had occurred already, but for some this had not been enough; in some highly indebted poor countries conditions were growing intolerable.
The time had come for a new century and for resolving this situation, for putting the economic clock back to zero. Efforts should be made to avoid a situation where economic war replaced actual war; the human damage caused by the heavy foreign debt should not be allowed to continue; a more just and humane world had to be created. If everyone made his contribution in terms of changes in mentality, through gifts, through taxes, and through convergent actions of States, lasting and fair development could be extended throughout the world.
T. RAMANNA, of the International Institute for Peace, said that the right to development could only be exercised if conditions were made conducive for people to utilize their talents in conjunction with natural resources and thereby improve their lives. Peace and security were essential ingredients for an environment in which the developmental process could proceed unhindered.
Democracy, as the best guarantor of the right to development and democratic principles, was today under threat from movements that shunned modernity and development. The right to development was being held hostage by groups who believed that a land and a people should remain barren so that their own ideology would succeed. Concerted action by the world community was required to root out all those elements who would hijack the development process.
LAZARO PARY, of the Indian Movement "Tupaj Amaru", spoke of the economic globalization process and efforts to colonize the world. Societies of the north and south seemed to have succumbed to this economic globalization which was felt today more than ever. It was urgent to elaborate standards of conduct for international cooperation. There were monopolies that were constantly seeking and acting irrationally and were not making themselves accountable for damage caused to developing countries. In some cases poor countries had lost the power to negotiate with them. There was often no legislation or rules they could use to control the activities of transnational corporations. The Commission should define such rules so that human rights were protected. In fostering the right to development, the Commission should act to define the structure for international cooperation.
MOHAMMAD MUMTAZ KHAN, of the European Union of Public Relations, said that where there was no freedom, development could not take place; development also required education, freedom of choice, and exploitation of resources in the matter best suited to the people to whom the resources belonged.
He was Kashmiri and spoke for the people of the northern areas of Gilgit and Baltistan; the region had been occupied by Pakistan since 1947; the people there had no political representation or political activity, no university or institution of higher technical learning; the overall literacy rate was 14 per cent. The resources of the region were exploited only for Pakistan's benefit; any demands for self-rule were quelled by Islamabad. Those at the Commission who came from nations that once were colonies could understand the anguish of the people of the northern areas; they should raise their voices against Pakistan's exploitation of the region.
MONIKA GYSIN, of the Society for Threatened Peoples, said that many peoples were threatened across the globe and denied their right to development among other fundamental human rights. The Society felt deep concern about ethnic violence, and the violation of rights of indigenous peoples. Indigenous peoples had been subjected to other forms of culture and had had their own denied. The Commission should express concern at the transmigration programme in Indonesia.
ANNA BIONDI, of the International Confederation of Free Trade Unions, expressed concern over widespread reversals of social progress brought about mainly in Asia and Russia with serious repercussions also in Latin America, Africa and central and eastern Europe. There was no development in societies where large numbers of people lived in poverty; instead, social disintegration had intensified. In Korea, Indonesia and Thailand, most affected by the Asian crisis, there was high level unemployment along with falling incomes and wages.
The international trade union movement last year had celebrated the fiftieth anniversary of the Universal Declaration of Human Rights and the anniversary of International Labour Office Convention 87 on freedom of association. The right of workers to form and join independent trade unions was fundamental. Efforts should be made to promote sustained recovery for those regions hit by the crisis and to foster development in those regions that were still far from success.
ANTONIO GONZALES, of the International Indian Treaty Council, said the right to development involved, among other things, the issue of water; there was the example of the Yaqui peoples of Rio Yaqui, Mexico, for example; they relied on traditional small subsistence farms as their major means of survival; a presidential decree in 1939 had promised that their access to water from the river would be guaranteed despite the construction of two dams across their traditional lands. Today Yaqui farmers had to pay the equivalent of $46 for permits to irrigate one hectare of their farmland, a cost that was prohibitive for most of them; in effect, their right to development was being denied.
Similarly, indigenous peoples were deprived of water through pollution; Walpole Island, unceded territory in the heart of the Anishinabe Nation, was located between Canada and the United States in the Great Lakes region. It had a unique ecosystem, and was traditional home to three indigenous peoples; there had been massive pollution of the water around the island, essentially rendering it lifeless. A Special Rapporteur should be appointed to investigate such abuses.
ROGER WAREHAM, of the International Association against Torture, said that development was a comprehensive economic, social, cultural and political process, as established by the General Assembly. However, its nature as a human right was not clear. The pace and benefits of development were dominated by the developed countries, and the instruments established to facilitate development had functioned in conjunction with the national interests of the developed countries and the international interests of transnational corporations.
International trade policies such as GATT, NAFTA, the MAI and the Africa Trade Bill had turned out to have negative effects for many countries, and the plight of those countries pressured into complying with them needed greater attention. The United States of America had done a deplorable job of extending the right to development to African-Americans. These people in fact were systematically denied their right to development, as seen in the wealth disparity between Blacks and white people in the United States. Their culture, a fundamental part of development, also was increasingly denied to them.
JOHN QUIGLEY, of Franciscans International, said that in devising policy prescriptions that were tightly bound to aid and debt relief, international aid agencies and donor countries had propagated in their policy packages, technical programmes of agricultural credit and legal procedures for land transactions based on the dominance of a private sector free from price control by the state. Therefore the poor peasants and landless workers wishing to purchase a piece of land had to search for a willing seller, negotiate a price of land, and compete with speculators and rich landowners to secure credit. Without land people could not support themselves. What was important in the propagation of land market reform was the shift in development objectives and constituent elements which ordered the means and ends. Since 1985, Brazil's land policy was proclaimed to pacify the millions of discontented poor peasants and landless workers and serve the interests of influential landlords at the same time.
GHULAM MOHAMMAD SAFI, of the World Muslim Congress, said most peoples represented here could claim full sovereignty over their natural wealth and resources; that was not the case for the people of Palestine, Kashmir, and some other regions. While the Declaration on the Right to Development was comprehensive, it lacked a significant detail -- it prescribed no solutions or guidelines on how resources of territories under colonial, alien or foreign domination were to be used; as a result these resources were used to help the occupying powers rather than the rightful inhabitants of the land. The Declaration on the Granting of Independence to Colonial Countries and Peoples was also silent on the matter.
The consequences had been disastrous, especially for the people of Kashmir, the poorest of all territories controlled illegally by India, Mr. Safi said. The situation needed immediate redress.
HANNU HALINEN, Special Rapporteur on Palestinian territories occupied since 1967, introduced his report (E/CN.4/1999/24). He said that human rights should be integrated into political and economic discussions concerning the conflict. The persisting foreign occupation of the Palestinian territories and its grave consequences for the respect for human rights was the reason the Special Rapporteur had asked the Commission to review his mandate.
The Special Rapporteur moved on to speak of torture. The more extreme forms of torture had been discontinued in the occupied territories, but this progress was not satisfactory. Nor was the fate of children in these territories, since many were affected by malnutrition, health problems due to restricted access to treatment, child labour and lack of education. The protracted tension of living under these conditions also led to anxieties and traumatic syndromes in children. The international community was already participating in many children's programmes, but more needed to be done. It was the Special Rapporteur's wish that his report in its entirety could be a reference in the search for peace, security and respect for human rights in the Middle East.
NABIL RAMLAWI (Palestine) said the Israeli military occupation of Palestine was a flagrant violation of the human rights of Palestinians; torture continued and had been legitimized by two decisions of the Israeli High Court of Justice; arbitrary detention was still practised; and in addition there were confiscation of Palestinian lands, construction of bypass roads, establishment of Israeli settlements, and collective punishments of Palestinians, including through closure of the territory and demolition of homes. Israel also was engaged in emptying East Jerusalem of its inhabitants through various means -- a kind of ethnic cleansing.
In effect, Israel was practising apartheid -- it was producing a situation where Israeli settlers lived privileged lives with State support while Palestinians were reduced to the status of second-class persons. Israel furthermore had reneged on international obligations contained in agreements signed with the Palestine Liberation Organization in the framework of the peace process. And it treated the Commission and the United Nations with contempt by ignoring resolutions of the Commission, Security Council, and General Assembly. Its human rights violations amounted at this point to crimes of war and crimes against the peace and security of mankind.
DAVID PELEG (Israel) said his Government regretted that the Commission continued to single it out by allocating it a specific agenda item, rather than including the issue under item 9. Israel remained committed to creating an environment of peace, stability and prosperity with its neighbours which could only be achieved through negotiation and conciliation. However, the Palestinian Authority had not fulfilled its side of the bargain made under the Wye River Memorandum. Until this happened, no substantial progress could be made. Israel supported the proposed change to the mandate of the Special Rapporteur, since the current mandate was anachronistic and did not take into account the negotiations that had taken place between Israel and the Palestine Liberation Organization, nor did it take note of the fact that there were two sides to the Middle East conflict.
Israel also felt the report lacked methodology and only presented one side of the story, Mr. Peleg said. It did not look at the full scope of the problem and did not refer to violations of human rights perpetrated by Palestinians or the Palestinian Authority, which included frequent political and extra-judicial killings, arbitrary arrests, detentions without due process or fair trials, and abuse and torture of detainees. Freedom of speech, freedom of the press and freedom of association were habitually violated by the Palestinian Authority. Discrimination against women and disabled persons was an ongoing state of affairs.
The issues mentioned by the Special Rapporteur should be seen in the context of Israel’s responsibility to fight terrorism, and it was duty bound to protect the lives of all its citizens, from that threat, whether Jews or Arabs, whilst balancing this with the States duty to respect human rights, Mr. Peleg concluded.
WILHELM HöYNCK (Germany), on behalf of the European Union, expressed concern that the Middle East peace process had stopped. The European Union called for the full implementation of what had been agreed upon without any further delay or conditions. The Special Rapporteur on the situation of human rights in the occupied Palestinian territories since 1967, Hannu Halinen, had produced an excellent report and the European Union subscribed to his assessment that the human rights situation had become hostage to political considerations and expediencies. Israel was urged to cooperate fully and unconditionally with the Special Rapporteur and all parties, and to comply with the recommendations of his report.
Mr. Hoynck expressed concern over continued Israeli use of torture during interrogations, over incommunicado detention, over demolition of Palestinian houses, over restrictions to movements, and over discriminatory treatment of Palestinian Jerusalemites. These actions were unacceptable, he said. He also expressed concern over human-rights violations by Palestinians and urged the Palestinian Authority to ensure that Palestinian security services strictly complied with international human-rights standards. Torture was to be stopped immediately, and it was a matter of concern that increasing numbers were being held in prolonged detention without charges or trial. All sides in the Middle East should promote the rule of law and democracy. The Oslo Accords referred to the West Bank and Gaza as "a single territorial unit" and provided for "safe passages" between these areas, Mr. Hoynck pointed out; however, such movement was still inhibited by closure of territories by Israel and by bureaucratic permission procedures. The European Union was strongly committed to improving the human rights situation in the occupied territories as a means of promoting peace and economic prosperity, he said.
LEGWAILA LEGWAILA (Botswana) said the Special Rapporteur's report made discouraging reading. Prospects for peace in the Middle East had been stifled again and again. The Wye River Memorandum was in a vegetative state, a victim of both sides' lack of commitment to peace. Israel had every right to exist within its borders, but its expansion into the occupied Palestinian territories -- to create facts on the ground and to make it even more difficult to achieve peace -- should come to an end.
Mr. Legwaila said the conflict between the two sides was fueled by unremitting paternalism on the Israeli side. There could be no lasting peace without mutual respect. There had to be recognition of the Palestinian people's right to territory. The two sides should return to the negotiating table and should implement the already-signed peace agreements.
AKRAM ZAKI (Pakistan) said the situation in the occupied Arab and Palestinian territories presented a sad case of the violation of human rights. This was due to Israel's reluctance to fulfill its side of the agreements signed. The Palestinian people had a right to their land. Israel's expulsion of inhabitants from these areas, and its change of laws which were already applicable, were a source of concern. Destruction of agriculture, refusal to allow Palestinian farmers to harvest, destruction of infrastructure, discrimination in employment opportunities, and excessive restriction of water use were deliberate steps by Israel to deny Palestinians their right to their land.
In addition, Israel continued to change the demographic composition of Jerusalem by expelling Palestians, Mr. Zaki went on to state. The international community needed to remain closely involved to ensure that the peace process in the Middle East succeeded and to protect the political rights of Palestinians and help them to realize their inalienable right to their own land.
NACER BENJELLOUNI-TOUIMI (Morocco) said that peace agreements signed a few years ago had raised great hopes for the Middle East based on the land-for-peace concept. But Israel had since refused to abide by these agreements and to observe the timetables contained in them. Negotiating the agreements had been long and hard, and their implementation now was under great threat because of announced expansion of Israeli settlements in the occupied territories. These were not the plans of a Government that intended to withdraw troops from the occupied lands.
Israel daily continued to build new settlements and to extend existing ones; it continued to confiscate more land and to surrender land only when it could confiscate other, larger tracts. Mr. Benjellouni-Touimi noted that Israeli practices violated many international commitments signed by Israel in the field of human rights; in any case Israel remained bound to the Geneva Conventions and should abide by them if it wished to avoid a new spiral of violence. There could be no peace without justice and no security at the expense of Israel's neighbours -- Israel had to understand that security was not the sole or paramount concern in the region, and that the problems of the Middle East could not be resolved by focusing only on that issue.
MAXIME ZAFERA (Madagascar) said the Special Rapporteur's report was of great quality. His efforts were praiseworthy, but the attentive study of the report caused grave concern since it shed additional light on the state of the occupied territories and the violations of human rights occurring in that region.
Israel, as the occupying power, should cease and desist these violations. The situation had worsened since the signing of the peace memorandum at Wye, with allegations of torture and the violation of the Fourth Geneva Convention. The maintenance and strengthening of the peace process could only happen if the Israeli Government respected the rights and aspirations of the Palestinian people. Madagascar supported the Palestinian people and urged the international community to aid the peace process in all ways possible.
SUSAN ECKEY (Norway) said her country attached great importance to the strengthening of democratic institutions, the rule of law and respect for human rights in the Middle East. Norway urged Israel to refrain from all use of torture or moderate physical pressure against detainees in Israeli jails.
She said Norway was aware of the difficult economic and social conditions in the Palestinian areas. However, the responsibility for improving the human-rights situation in the Palestinian-controlled areas rested solely with the Palestinian Authority. Norway was ready to assist in advancing peace and human rights conditions in the countries concerned, working in close cooperation with the international community and the United Nations.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said that the tragic times of the Palestinians seemed to be everlasting. Last year the Commission had been told about some positive developments -- the transfer of certain powers to the Palestinian Authority and the signing of the Wye River Memorandum; but these hopes had been dashed by the unilateral suspension by Israel of implementation of the Memorandum.
Bangladesh was deeply concerned by the findings of the Special Rapporteur that human-rights violations had in fact increased due to frustration linked to the non-implementation of the agreed process and heightened political tension. There was an evident need to revitalize the peace process, but it should be emphasized that it was not enough simply to agree on words -- the words had to be put into effect. It also was time for Israel to cooperate with United Nations resolutions and mechanisms; its continued intransigence would be self-defeating in the long run. There had to be a comprehensive and just settlement of the Palestinian issue.
SERGUEI TCHOUMAREV (the Russian Federation) said the Middle East peace settlement was one of the most dramatic and difficult to implement, requiring constant attention. As a co-sponsor of the peace process, Russia was in favour of moving forward on the path of justice, compromise and common sense so that it would be possible to achieve a lasting peace that would take into account the security of both sides.
A key to this was the right of the Palestinian people to an independent State. Continued Israeli construction of settlements in the occupied territories was a cause of the worsening situation. Israel had violated its international obligations and had refused to enter into a constructive dialogue in relation to the problems in the Middle East. It was a shame because such an interaction could become a positive element in the continuing task of implementing the peace settlement. The settlement required particular attention from the Commission on Human Rights and other United Nations bodies.
ABSA CLAUDE DIALLO (Senegal) said the situation in the occupied territories, Palestine in particular, continued to be a concern to the international community. One of the keys to lasting peace in this area would be for each of the concerned parties to acknowledge the sovereign right of the other. As the twentieth century drew to an end, the men, women, and children of this region needed to rediscover confidence and trust and to put an end to the use of violence which continued to fan hatred, among other things.
The international community needed to support the Palestinian people and should respond to their economic and political needs. The Special Rapporteur’s report would help the international community to work for peace in this region. Respect for the agreements signed in the peace process could open ways to constructive dialogue among the peoples of the region.
HR/CN/99/16
31 March 1999
Special Rapporteur on Occupied Palestinian Territories Introduces Report
The Commission on Human Rights this morning started its consideration of the question of the violation of human rights in the occupied Arab territories, including Palestine. Speakers expressed grave concern that the Middle East peace process had come to a stand-still, and urged all parties in the conflict to respect human rights.
The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Hannu Halinen, spoke of the grave consequences of the persisting foreign occupation for the respect of human rights, and its effects, notably upon Palestinian children.
A Palestinian delegate addressed the Commission, deploring Israel’s military occupation as a flagrant violation of human rights. The very lives of the Palestinian people were threatened daily due to the policies of the Israeli Government which was persisting in reviving a system of apartheid.
An Israeli delegate said the Special Rapporteur’s report was one-sided and did not detail the violations of human rights that occurred in the Palestinian territories. No progress on the peace process could happen until the Palestinian Authority respected the agreements it had made with Israel.
Anna Lindh, Minister for Foreign Affairs of Sweden, also addressed the Commission, saying that the human rights situation around the world gave no reason for complacency, and that although the responsibility rested primarily with individual States, the United Nations Charter mandated all to cooperate in order to ensure respect for human rights.
Derek Fatchett, Minister of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland, spoke of the fight against racism in his country, and of the necessary protection of human rights defenders. There was a need for strengthening the United Nations human rights machinery, he added.
Also this morning, the Commission concluded its debate on the right to development. The nature of this right as an inalienable, indivisible and fundamental human right was discussed, and mechanisms for its global enjoyment were propounded. Speakers said peace, security and democracy were the ideal conditions for the obtention of this right on a global and national basis.
Representatives of Germany (on behalf of the European Union), Botswana, Pakistan, Morocco, Madagascar, Norway, Bangladesh, the Russian Federation, and Senegal addressed the Commission, as did the following non-governmental organizations: the Indian Council of Education, the International Federation of Rural Adult Catholic Movements, the International Movement of the Apostolate in the Independent Social Milieus, the International Institute for Peace, the Indian Movement “Tupaj Amaru”, the European Union of Public Relations, the Society for Threatened Peoples, the International Confederation of Free Trade Unions, the International Indian Treaty Council, the International Association against Torture, Franciscans International, and the World Moslem Congress.
When it reconvenes at 3 p.m. this afternoon, the Commission will continue its consideration of the question of the violation of human rights in the occupied Arab territories, including Palestine. It might also start its discussion on the question of the violation of human rights and fundamental freedoms in any part of the world.
Question of the violation of human rights in the occupied Arab territories, including Palestine
Under this agenda item, the Commission had before it a series of documents, including a report on the situation in the occupied territories (E/CN.4/1999/24) submitted by Special Rapporteur Hannu Halinen, which remarks, among other things, that "the Government of Israel, regrettably, still refuses to cooperate with the United Nations human rights mechanisms"; that expansion of Israeli settlements in the territories and demolition of Palestinian homes are causes of mounting concern; that strict closure of the occupied territories as a form of collective punishment have been implemented to a lesser degree than in the past, but still occur; that Israel's High Court of Justice "has not pronounced itself regarding the legality of interrogation methods which amount to torture, but has lifted interim injunctions prohibiting torture with regard to specific cases"; that "Palestinians detained by the Palestinian Authority are often, in the course of interrogation, subjected to torture"; and that throughout the region "sustainable peace cannot be achieved without respect for human rights".
There were two letters from the Permanent Observer for Palestine to the United Nations Office at Geneva protesting expansion of the municipal boundaries of Jerusalem to the occupied West Bank (E/CN.4/1999/5) and destruction of Palestinian-owned houses in Jerusalem (E/CN.4/1999/108).
There was a letter from the Permanent Representative of the Syrian Arab Republic (E/CN.4/1999/106) charging that "Israeli occupation authorities are continuing their various aggressive and inhuman practices on Syrian territory".
There were reports from the Secretary-General noting that resolutions passed by the Commission at its session last year relating to the occupied territories had been disseminated as requested (E/CN.4/1999/21 and 22). And a note from the Secretary-General (E/CN.4/1999/23) drew the Commission's attention to reports relating to the topic of the occupied territories issued by the United Nations since the Commission's last session.
Statements
ANNA LINDH, Minister of Foreign Affairs of Sweden, said among the root causes for the conflict in Kosovo was the violation of fundamental human rights. Aggression, displacement of people, harassment and discrimination had gone on there for at least 10 years. Despite progress, the human rights situation around the world gave no reason for complacency. She gave examples of Turkey's behaviour towards the Kurds, which she termed unacceptable. The Turkish Government needed to meet with the democratic forces among the Kurdish people in a dialogue. Yet the decision to forbid the Mass Democratic Party, an organization not linked to the PKK, was a sign of the contrary. In Sierra Leone, children were being maimed, human rights defenders and trade unionists were being killed in Colombia, and authors were being killed in Iran. All over the world, millions of refugees were without a country, a home, a job, an education, medical care or food.
To improve the future, the world must respect human rights and the focus should be the young generation, Ms. Lindh said. Ten years had passed since the adoption of the Convention on the Rights of the Child. Children continued to suffer serious violations of their rights. For example, 300,000 children were made soldiers in armed conflicts; 11 million were victims of sex trafficking and prostitution; 250 million were child labourers; 160 million suffered from hunger and starvation; 125 million were deprived of education; and 25 million were denied a home country.
The right to life was fundamental, Ms. Lindh added. The death penalty could not be accepted. She welcomed steps by Azerbaijan, Bulgaria, and Lithuania who had abolished capital punishment. In other countries, regrettably, like the United States, China, and Saudi Arabia, capital punishment continued.
In the year 2001 the World Conference Against Racism would be held. Sweden was actively participating in the preparations. Apartheid had been defeated but States needed to succeed in eliminating racism which manifested itself in new shapes. Racism, intolerance, and harassment of others must be fought by each generation, by any society and by every civilization. With regard to promoting human rights, the improvements made in South Africa, eastern Europe, Latin America and many other parts of the world were encouraging.
DEREK FATCHETT, Minister of State for Foreign and Commonwealth Affairs of Great Britain and Northern Ireland, said the mounting catastrophe in Kosovo must be stopped; the perpetrators of the appalling violence there should be under no illusion: their actions would not be tolerated and they would be brought to justice.
The United Kingdom had its own human-rights problems; among other things, the Government continued to tackle racism wherever it occurred in British society. Many had heard about the death of Stephen Lawrence who had been murdered in a horrendous racist attack in London six years ago; the recent report from the inquiry into the death made 70 recommendations to improve the investigation and prosecution of racist crimes, and an action plan had been published early this month on how the Government, police, criminal-justice agencies, and others would carry out the plan and the recommendations. The action plan was part of the Government's commitment to building an anti-racist society.
The United Kingdom's foreign and development policies recognized the link between poverty and the denial of human rights, and the Government was adopting a rights-based approach to development assistance by tackling those structures of Government and society which disadvantaged the poor and resulted in persistent discrimination and impoverishment of women, children, indigenous peoples, or those with disabilities, Mr. Fatchett said.
Human-rights defenders had to be defended themselves; the recent murder in Northern Ireland of solicitor Rosemary Nelson was an appalling illustration of the risks run by those who sought to promote the well-being of others. Prime Minister Tony Blair had condemned this disgusting act of barbarity and said that no effort would be spared in hunting down and bringing to justice those responsible. It was not possible to turn a blind eye when pro-democracy campaigners were treated as a threat to state security, denied fair trials, and given disproportionate prison sentences, as was now occurring in China, a country which had engaged in a meaningful human-rights dialogue with the United Kingdom and other countries and had signed the International Covenant on Civil and Political Rights. This trend in China was worrying, Mr. Fatchett said.
The United Kingdom also was concerned by the treatment of human-
rights defenders in Colombia and Belarus. In Europe, too, he said, those who spoke out for democracy could not always do so without fear.
Mr. Fatchett added that his country was concerned at repeated denial of access by Algeria to Special Rapporteurs of the Commission. Algeria, a country with a long and proud international tradition, should not choose to undermine the credibility of United Nations mechanisms in this way.
ANJALI GANDHI, of the Indian Council of Education, said the right to development was a comprehensive economic, social, cultural and political process which aimed at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development; and in the fair distribution of benefits resulting therefrom. It was the duty of States to cooperate by improving international conditions conducive to the realization of the right to development, and to provide appropriate designs for social action, complemented by international action. The right to development also provided for social justice within and among States. The Commission should stress the need for the creation of an international environment marked by justice and equity.
PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said social and economic regression required that particular attention be paid to the right to development. The Federation wanted to bring the Commission's attention to the situation under the current industrial and economic system. Local small-economy efforts using savings cooperatives had enabled jobs to be produced in the Congo; in Tanzania small farmers had pulled themselves together. In Nicaragua, after Hurricane Mitch, small farmers had been forgotten. In Mexico, small farmers were working together to protect the environment and use resources efficiently. In Europe, small farmers were forced to make choices; they mobilized themselves in this regard; to survive they needed rural political movements to actively protect their interests.
The Commission should not merely look at the trade balance and at trade rules imposed by the World Trade Organization. It must work in practical ways to realize the right to development.
GILBERT ROSSARY, of the International Movement of the Apostolate in the Independent Social Milieus, said the heavy foreign debt of struggling developing nations should be reduced or abolished for the year 2000; that would give those countries the chance to recover and advance along with the globalizing economy. Much debt relief and debt rescheduling had occurred already, but for some this had not been enough; in some highly indebted poor countries conditions were growing intolerable.
The time had come for a new century and for resolving this situation, for putting the economic clock back to zero. Efforts should be made to avoid a situation where economic war replaced actual war; the human damage caused by the heavy foreign debt should not be allowed to continue; a more just and humane world had to be created. If everyone made his contribution in terms of changes in mentality, through gifts, through taxes, and through convergent actions of States, lasting and fair development could be extended throughout the world.
T. RAMANNA, of the International Institute for Peace, said that the right to development could only be exercised if conditions were made conducive for people to utilize their talents in conjunction with natural resources and thereby improve their lives. Peace and security were essential ingredients for an environment in which the developmental process could proceed unhindered.
Democracy, as the best guarantor of the right to development and democratic principles, was today under threat from movements that shunned modernity and development. The right to development was being held hostage by groups who believed that a land and a people should remain barren so that their own ideology would succeed. Concerted action by the world community was required to root out all those elements who would hijack the development process.
LAZARO PARY, of the Indian Movement "Tupaj Amaru", spoke of the economic globalization process and efforts to colonize the world. Societies of the north and south seemed to have succumbed to this economic globalization which was felt today more than ever. It was urgent to elaborate standards of conduct for international cooperation. There were monopolies that were constantly seeking and acting irrationally and were not making themselves accountable for damage caused to developing countries. In some cases poor countries had lost the power to negotiate with them. There was often no legislation or rules they could use to control the activities of transnational corporations. The Commission should define such rules so that human rights were protected. In fostering the right to development, the Commission should act to define the structure for international cooperation.
MOHAMMAD MUMTAZ KHAN, of the European Union of Public Relations, said that where there was no freedom, development could not take place; development also required education, freedom of choice, and exploitation of resources in the matter best suited to the people to whom the resources belonged.
He was Kashmiri and spoke for the people of the northern areas of Gilgit and Baltistan; the region had been occupied by Pakistan since 1947; the people there had no political representation or political activity, no university or institution of higher technical learning; the overall literacy rate was 14 per cent. The resources of the region were exploited only for Pakistan's benefit; any demands for self-rule were quelled by Islamabad. Those at the Commission who came from nations that once were colonies could understand the anguish of the people of the northern areas; they should raise their voices against Pakistan's exploitation of the region.
MONIKA GYSIN, of the Society for Threatened Peoples, said that many peoples were threatened across the globe and denied their right to development among other fundamental human rights. The Society felt deep concern about ethnic violence, and the violation of rights of indigenous peoples. Indigenous peoples had been subjected to other forms of culture and had had their own denied. The Commission should express concern at the transmigration programme in Indonesia.
ANNA BIONDI, of the International Confederation of Free Trade Unions, expressed concern over widespread reversals of social progress brought about mainly in Asia and Russia with serious repercussions also in Latin America, Africa and central and eastern Europe. There was no development in societies where large numbers of people lived in poverty; instead, social disintegration had intensified. In Korea, Indonesia and Thailand, most affected by the Asian crisis, there was high level unemployment along with falling incomes and wages.
The international trade union movement last year had celebrated the fiftieth anniversary of the Universal Declaration of Human Rights and the anniversary of International Labour Office Convention 87 on freedom of association. The right of workers to form and join independent trade unions was fundamental. Efforts should be made to promote sustained recovery for those regions hit by the crisis and to foster development in those regions that were still far from success.
ANTONIO GONZALES, of the International Indian Treaty Council, said the right to development involved, among other things, the issue of water; there was the example of the Yaqui peoples of Rio Yaqui, Mexico, for example; they relied on traditional small subsistence farms as their major means of survival; a presidential decree in 1939 had promised that their access to water from the river would be guaranteed despite the construction of two dams across their traditional lands. Today Yaqui farmers had to pay the equivalent of $46 for permits to irrigate one hectare of their farmland, a cost that was prohibitive for most of them; in effect, their right to development was being denied.
Similarly, indigenous peoples were deprived of water through pollution; Walpole Island, unceded territory in the heart of the Anishinabe Nation, was located between Canada and the United States in the Great Lakes region. It had a unique ecosystem, and was traditional home to three indigenous peoples; there had been massive pollution of the water around the island, essentially rendering it lifeless. A Special Rapporteur should be appointed to investigate such abuses.
ROGER WAREHAM, of the International Association against Torture, said that development was a comprehensive economic, social, cultural and political process, as established by the General Assembly. However, its nature as a human right was not clear. The pace and benefits of development were dominated by the developed countries, and the instruments established to facilitate development had functioned in conjunction with the national interests of the developed countries and the international interests of transnational corporations.
International trade policies such as GATT, NAFTA, the MAI and the Africa Trade Bill had turned out to have negative effects for many countries, and the plight of those countries pressured into complying with them needed greater attention. The United States of America had done a deplorable job of extending the right to development to African-Americans. These people in fact were systematically denied their right to development, as seen in the wealth disparity between Blacks and white people in the United States. Their culture, a fundamental part of development, also was increasingly denied to them.
JOHN QUIGLEY, of Franciscans International, said that in devising policy prescriptions that were tightly bound to aid and debt relief, international aid agencies and donor countries had propagated in their policy packages, technical programmes of agricultural credit and legal procedures for land transactions based on the dominance of a private sector free from price control by the state. Therefore the poor peasants and landless workers wishing to purchase a piece of land had to search for a willing seller, negotiate a price of land, and compete with speculators and rich landowners to secure credit. Without land people could not support themselves. What was important in the propagation of land market reform was the shift in development objectives and constituent elements which ordered the means and ends. Since 1985, Brazil's land policy was proclaimed to pacify the millions of discontented poor peasants and landless workers and serve the interests of influential landlords at the same time.
GHULAM MOHAMMAD SAFI, of the World Muslim Congress, said most peoples represented here could claim full sovereignty over their natural wealth and resources; that was not the case for the people of Palestine, Kashmir, and some other regions. While the Declaration on the Right to Development was comprehensive, it lacked a significant detail -- it prescribed no solutions or guidelines on how resources of territories under colonial, alien or foreign domination were to be used; as a result these resources were used to help the occupying powers rather than the rightful inhabitants of the land. The Declaration on the Granting of Independence to Colonial Countries and Peoples was also silent on the matter.
The consequences had been disastrous, especially for the people of Kashmir, the poorest of all territories controlled illegally by India, Mr. Safi said. The situation needed immediate redress.
HANNU HALINEN, Special Rapporteur on Palestinian territories occupied since 1967, introduced his report (E/CN.4/1999/24). He said that human rights should be integrated into political and economic discussions concerning the conflict. The persisting foreign occupation of the Palestinian territories and its grave consequences for the respect for human rights was the reason the Special Rapporteur had asked the Commission to review his mandate.
The Special Rapporteur moved on to speak of torture. The more extreme forms of torture had been discontinued in the occupied territories, but this progress was not satisfactory. Nor was the fate of children in these territories, since many were affected by malnutrition, health problems due to restricted access to treatment, child labour and lack of education. The protracted tension of living under these conditions also led to anxieties and traumatic syndromes in children. The international community was already participating in many children's programmes, but more needed to be done. It was the Special Rapporteur's wish that his report in its entirety could be a reference in the search for peace, security and respect for human rights in the Middle East.
NABIL RAMLAWI (Palestine) said the Israeli military occupation of Palestine was a flagrant violation of the human rights of Palestinians; torture continued and had been legitimized by two decisions of the Israeli High Court of Justice; arbitrary detention was still practised; and in addition there were confiscation of Palestinian lands, construction of bypass roads, establishment of Israeli settlements, and collective punishments of Palestinians, including through closure of the territory and demolition of homes. Israel also was engaged in emptying East Jerusalem of its inhabitants through various means -- a kind of ethnic cleansing.
In effect, Israel was practising apartheid -- it was producing a situation where Israeli settlers lived privileged lives with State support while Palestinians were reduced to the status of second-class persons. Israel furthermore had reneged on international obligations contained in agreements signed with the Palestine Liberation Organization in the framework of the peace process. And it treated the Commission and the United Nations with contempt by ignoring resolutions of the Commission, Security Council, and General Assembly. Its human rights violations amounted at this point to crimes of war and crimes against the peace and security of mankind.
DAVID PELEG (Israel) said his Government regretted that the Commission continued to single it out by allocating it a specific agenda item, rather than including the issue under item 9. Israel remained committed to creating an environment of peace, stability and prosperity with its neighbours which could only be achieved through negotiation and conciliation. However, the Palestinian Authority had not fulfilled its side of the bargain made under the Wye River Memorandum. Until this happened, no substantial progress could be made. Israel supported the proposed change to the mandate of the Special Rapporteur, since the current mandate was anachronistic and did not take into account the negotiations that had taken place between Israel and the Palestine Liberation Organization, nor did it take note of the fact that there were two sides to the Middle East conflict.
Israel also felt the report lacked methodology and only presented one side of the story, Mr. Peleg said. It did not look at the full scope of the problem and did not refer to violations of human rights perpetrated by Palestinians or the Palestinian Authority, which included frequent political and extra-judicial killings, arbitrary arrests, detentions without due process or fair trials, and abuse and torture of detainees. Freedom of speech, freedom of the press and freedom of association were habitually violated by the Palestinian Authority. Discrimination against women and disabled persons was an ongoing state of affairs.
The issues mentioned by the Special Rapporteur should be seen in the context of Israel’s responsibility to fight terrorism, and it was duty bound to protect the lives of all its citizens, from that threat, whether Jews or Arabs, whilst balancing this with the States duty to respect human rights, Mr. Peleg concluded.
WILHELM HöYNCK (Germany), on behalf of the European Union, expressed concern that the Middle East peace process had stopped. The European Union called for the full implementation of what had been agreed upon without any further delay or conditions. The Special Rapporteur on the situation of human rights in the occupied Palestinian territories since 1967, Hannu Halinen, had produced an excellent report and the European Union subscribed to his assessment that the human rights situation had become hostage to political considerations and expediencies. Israel was urged to cooperate fully and unconditionally with the Special Rapporteur and all parties, and to comply with the recommendations of his report.
Mr. Hoynck expressed concern over continued Israeli use of torture during interrogations, over incommunicado detention, over demolition of Palestinian houses, over restrictions to movements, and over discriminatory treatment of Palestinian Jerusalemites. These actions were unacceptable, he said. He also expressed concern over human-rights violations by Palestinians and urged the Palestinian Authority to ensure that Palestinian security services strictly complied with international human-rights standards. Torture was to be stopped immediately, and it was a matter of concern that increasing numbers were being held in prolonged detention without charges or trial. All sides in the Middle East should promote the rule of law and democracy. The Oslo Accords referred to the West Bank and Gaza as "a single territorial unit" and provided for "safe passages" between these areas, Mr. Hoynck pointed out; however, such movement was still inhibited by closure of territories by Israel and by bureaucratic permission procedures. The European Union was strongly committed to improving the human rights situation in the occupied territories as a means of promoting peace and economic prosperity, he said.
LEGWAILA LEGWAILA (Botswana) said the Special Rapporteur's report made discouraging reading. Prospects for peace in the Middle East had been stifled again and again. The Wye River Memorandum was in a vegetative state, a victim of both sides' lack of commitment to peace. Israel had every right to exist within its borders, but its expansion into the occupied Palestinian territories -- to create facts on the ground and to make it even more difficult to achieve peace -- should come to an end.
Mr. Legwaila said the conflict between the two sides was fueled by unremitting paternalism on the Israeli side. There could be no lasting peace without mutual respect. There had to be recognition of the Palestinian people's right to territory. The two sides should return to the negotiating table and should implement the already-signed peace agreements.
AKRAM ZAKI (Pakistan) said the situation in the occupied Arab and Palestinian territories presented a sad case of the violation of human rights. This was due to Israel's reluctance to fulfill its side of the agreements signed. The Palestinian people had a right to their land. Israel's expulsion of inhabitants from these areas, and its change of laws which were already applicable, were a source of concern. Destruction of agriculture, refusal to allow Palestinian farmers to harvest, destruction of infrastructure, discrimination in employment opportunities, and excessive restriction of water use were deliberate steps by Israel to deny Palestinians their right to their land.
In addition, Israel continued to change the demographic composition of Jerusalem by expelling Palestians, Mr. Zaki went on to state. The international community needed to remain closely involved to ensure that the peace process in the Middle East succeeded and to protect the political rights of Palestinians and help them to realize their inalienable right to their own land.
NACER BENJELLOUNI-TOUIMI (Morocco) said that peace agreements signed a few years ago had raised great hopes for the Middle East based on the land-for-peace concept. But Israel had since refused to abide by these agreements and to observe the timetables contained in them. Negotiating the agreements had been long and hard, and their implementation now was under great threat because of announced expansion of Israeli settlements in the occupied territories. These were not the plans of a Government that intended to withdraw troops from the occupied lands.
Israel daily continued to build new settlements and to extend existing ones; it continued to confiscate more land and to surrender land only when it could confiscate other, larger tracts. Mr. Benjellouni-Touimi noted that Israeli practices violated many international commitments signed by Israel in the field of human rights; in any case Israel remained bound to the Geneva Conventions and should abide by them if it wished to avoid a new spiral of violence. There could be no peace without justice and no security at the expense of Israel's neighbours -- Israel had to understand that security was not the sole or paramount concern in the region, and that the problems of the Middle East could not be resolved by focusing only on that issue.
MAXIME ZAFERA (Madagascar) said the Special Rapporteur's report was of great quality. His efforts were praiseworthy, but the attentive study of the report caused grave concern since it shed additional light on the state of the occupied territories and the violations of human rights occurring in that region.
Israel, as the occupying power, should cease and desist these violations. The situation had worsened since the signing of the peace memorandum at Wye, with allegations of torture and the violation of the Fourth Geneva Convention. The maintenance and strengthening of the peace process could only happen if the Israeli Government respected the rights and aspirations of the Palestinian people. Madagascar supported the Palestinian people and urged the international community to aid the peace process in all ways possible.
SUSAN ECKEY (Norway) said her country attached great importance to the strengthening of democratic institutions, the rule of law and respect for human rights in the Middle East. Norway urged Israel to refrain from all use of torture or moderate physical pressure against detainees in Israeli jails.
She said Norway was aware of the difficult economic and social conditions in the Palestinian areas. However, the responsibility for improving the human-rights situation in the Palestinian-controlled areas rested solely with the Palestinian Authority. Norway was ready to assist in advancing peace and human rights conditions in the countries concerned, working in close cooperation with the international community and the United Nations.
IFTEKHAR AHMED CHOWDHURY (Bangladesh) said that the tragic times of the Palestinians seemed to be everlasting. Last year the Commission had been told about some positive developments -- the transfer of certain powers to the Palestinian Authority and the signing of the Wye River Memorandum; but these hopes had been dashed by the unilateral suspension by Israel of implementation of the Memorandum.
Bangladesh was deeply concerned by the findings of the Special Rapporteur that human-rights violations had in fact increased due to frustration linked to the non-implementation of the agreed process and heightened political tension. There was an evident need to revitalize the peace process, but it should be emphasized that it was not enough simply to agree on words -- the words had to be put into effect. It also was time for Israel to cooperate with United Nations resolutions and mechanisms; its continued intransigence would be self-defeating in the long run. There had to be a comprehensive and just settlement of the Palestinian issue.
SERGUEI TCHOUMAREV (the Russian Federation) said the Middle East peace settlement was one of the most dramatic and difficult to implement, requiring constant attention. As a co-sponsor of the peace process, Russia was in favour of moving forward on the path of justice, compromise and common sense so that it would be possible to achieve a lasting peace that would take into account the security of both sides.
A key to this was the right of the Palestinian people to an independent State. Continued Israeli construction of settlements in the occupied territories was a cause of the worsening situation. Israel had violated its international obligations and had refused to enter into a constructive dialogue in relation to the problems in the Middle East. It was a shame because such an interaction could become a positive element in the continuing task of implementing the peace settlement. The settlement required particular attention from the Commission on Human Rights and other United Nations bodies.
ABSA CLAUDE DIALLO (Senegal) said the situation in the occupied territories, Palestine in particular, continued to be a concern to the international community. One of the keys to lasting peace in this area would be for each of the concerned parties to acknowledge the sovereign right of the other. As the twentieth century drew to an end, the men, women, and children of this region needed to rediscover confidence and trust and to put an end to the use of violence which continued to fan hatred, among other things.
The international community needed to support the Palestinian people and should respond to their economic and political needs. The Special Rapporteur’s report would help the international community to work for peace in this region. Respect for the agreements signed in the peace process could open ways to constructive dialogue among the peoples of the region.
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