MARY ROBINSON: ESSENTIAL ROLE OF COMMISSION ON HUMAN RIGHTS IN PROTECTING HUMANS BEINGS IS THROUGH PUBLICIZING VIOLATIONS

Commission on Human Rights
58th session
26 April 2002
Morning



Commission Adopts Measures on Protection of Human Rights,
Effective Functioning of Human Rights Mechanisms,
Situations in Somalia, Cambodia, Haiti



High Commissioner for Human Rights Mary Robinson, in a closing statement to the Commission on Human Rights on the last day of its fifty-eighth session, said this morning that she had heard distress and concern voiced by the human rights movement over allegations of increased politicization of issues in the Commission to the detriment of true human rights concerns. This was a time to remind oneself of the essential role of the Commission in protecting human beings against gross violations through highlighting and publicizing those violations.
Mrs. Robinson said that the Commission's work had been shadowed by the worsening situation in the occupied Palestinian territories and in Israel, and the terrorist attacks of 11 September. The former was the first shadow darkening the human rights' horizon which Secretary-General Kofi Annan had identified when he addressed the Commission. The Commission had recognized the need to respond to the severe loss of life of both Palestinians and Israelis, and to the spiralling violence that raised fundamental challenges for the observance of international human rights and humanitarian law.
Mrs. Robinson said that the second shadow was the terrorist attacks of 11 September and what had happened in their aftermath. A number of strong statements during the session had affirmed the importance of upholding fully human rights and humanitarian law standards in combatting terrorism. Her Office was ready to respond in support of any initiative the Commission might think appropriate in order to signal clearly that human rights should not be sacrificed in the fight against terrorism.
Also this morning, the Commission continued to take action on its remaining draft resolutions and decisions, adopting measures on the promotion and protection of human rights, effective functioning of human rights mechanisms, advisory services and technical cooperation in the field of human rights and rationalization of the work of the Commission.
Under its agenda item on the promotion and protection of human rights, the Commission adopted by a roll-call vote of 40 in favour to none against, with 13 abstentions, a resolution in which it considered that international cooperation in the field of human rights should make an effective and practical contribution to the urgent task of preventing violations of human rights.
Concerning its agenda item on effective functioning of human rights mechanisms, the Commission adopted resolutions on the protection of United Nations personnel, regional cooperation for the promotion and protection of human rights in the Asia and Pacific Region, national institutions for the promotion and protection of human rights, human rights and thematic procedures, and effective implementation of international instruments on human rights.
With regards to advisory services and technical cooperation in the field of human rights, the Commission adopted without a vote a resolution on assistance to Somalia in the field of human rights in which it expressed deep concern at reported cases of rape, arbitrary and summary executions, torture, violence, in particular against women and children, and at the absence of an effective judicial system, and took note of the need for appropriate investigation throughout Somalia in order to bring perpetrators to justice. The Commission strongly urged the Transitional National Government, local authorities and all political and traditional leaders of Somalia to strengthen their commitment to dialogue to speed up the process of national reconciliation. It decided to extend the mandate of the Independent Expert on the situation of human rights in Somalia for a further year.
In a resolution on the situation of human rights in Cambodia, adopted without a vote, the Commission noted with concern the continued problems related to the rule of law and the functioning of the judiciary resulting from, among other things, corruption and interference by the executive with the independence of the judiciary, and welcomed the continued commitment of the Government of Cambodia to reforming the judiciary. The Commission also appealed to the Government to ensure that the senior leaders of Democratic Kampuchea and those most responsible for crimes and serious violations of penal law and international human rights standards were brought to trial.
The representative of Cambodia said that the resolution on the human rights situation in Cambodia reflected the desire of the international community to help Cambodia to rebuild its social infrastructure. It included a number of negative perceptions on several points. It was a unilateral decision by the United Nations to withdraw its participation in the establishment of a Tribunal for Cambodia. Nonetheless, Cambodia was committed to prosecuting Khmer Rouge criminals. Not withstanding its meagre resources, the country was committed to strengthening human rights.
And the Commission adopted a Chairperson's statement on Haiti in which it welcomed the recent appointment of a new Independent Expert on the situation of human rights in Haiti, and welcomed and encouraged the efforts of the Government of Haiti, the Organization of American States, the Caribbean Community and members of Haitian civil society to bring about dialogue and reconciliation among Haiti's political forces. It requested the new Independent Expert to report to the Commission at its fifty-ninth session on developments in the situation of human rights and technical cooperation for human rights in Haiti.
Under its agenda item on rationalization of the work of the Commission, the Commission adopted resolutions on holding the fifty-ninth session of the Commission from 17 March to 25 April 2003; and expiration of office-holder's terms of appointment under special procedures.
An extensive debate was held on the draft resolution on the situation of human rights in the occupied Palestinian territory, but a vote on the draft was delayed to the afternoon meeting.
The Commission rejected the deletion of three words in operative paragraph 4 by a roll-call vote of 12 in favour to 27 against, with 14 abstaining.
In connection with the draft proposal, the representative of Israel said that choosing the path of singling out one party on a daily basis was far from helpful. The resolution had no regard to the human rights of Israelis, to their right to life, and their right to live free from attacks.
The Palestinian representative told the Commission that Israel had committed crimes against humanity, particularly in the Jenin Camp. The delegate of Israel complained as if Israel was the martyr - it was a manipulation that the Commission did not deserve.
The following delegations took the floor this morning: Canada, Syria, Spain (on behalf of the European Union), Cambodia, Japan, Cuba, Israel, Palestine, Algeria, Guatemala, Uruguay, and the Russian Federation.
When the Commission reconvenes at 3 p.m., it will continue to take action on remaining draft resolutions before adjourning its fifty-eighth session.

Statement of the High Commissioner for Human Rights
MARY ROBINSON, United Nations High Commissioner for Human Rights, said that she was convinced that everyone in the Commission wished the human rights idea to triumph nationally, regionally, and internationally. How that could be achieved was a topic that would excite great passions and would give rise to agreement as well as divisions. Surely it was agreed that every effort should be made to spread a universal culture of human rights and to act to protect the victims of violations in any part of the world. That had been the policy of the Commission over the past fifty-eight sessions, and it should remain its bedrock in the future. If the Commission was not able to act for the protection of those whose rights were being violated on a massive scale, it would lose its essence.
Following the cancellation of evening and night meetings, the Commission had had to make drastic adjustments in its work, Mrs. Robinson went on to say. In addition to organizational difficulties, the Commission had to cope with acute substantive and procedural difficulties due to the worsening situation in the occupied Palestinian territories and in Israel. That was the first shadow darkening the human rights' horizon which Secretary-General Kofi Annan identified when he addressed the Commission. The Commission had recognized the need to respond to the severe loss of life of both Palestinians and Israelis, and to the spiralling violence that had raised fundamental challenges for the observance of international human rights and humanitarian law. The Commission had reviewed the situation, called for a visiting mission, called for and received a fact-finding report, and kept the situation under review. The steps taken by the Commission stemmed from its commitment to protect victims of violations of human rights in a particularly difficult context.
Mrs. Robinson continued to say that the second shadow was the terrorist attacks of 11 September and what had happened in their aftermath. A number of strong statements during the session had affirmed the importance of upholding fully human rights and humanitarian law standards in combatting terrorism. Her Office was ready to respond in support of any initiative the Commission might think appropriate in order to signal clearly that human rights should not be sacrificed in the fight against terrorism.
Mrs. Robinson said that she heard distress and concern voiced by the human rights movement over allegations of increased politicization of issues in the Commission to the detriment of true human rights concerns. This was a time to remind oneself of the essential role of the Commission on Human Rights in protecting human beings against gross violations through highlighting and publicizing those violations; providing a forum for victims to raise their grievances and to see their issues addressed; heeding the voice of conscience from different parts of the world; enabling non-governmental organizations to put alternative views and perspectives from governments; developing norms and standards; and continuing the 'building blocks' protection role of the Commission. From that perspective, it was vital that special rapporteurs, representatives of national human rights institutions, and non-governmental organizations were able and encouraged to undertake a dialogue with the Commission. The Commission needed to hear from them.

Action on Resolution on the Promotion and Protection of Human Rights
In a resolution (E/CN.4/2002/L.115) on the enhancement of international cooperation in the field of human rights, adopted by a roll-call vote of 40 in favour with none against, and 13 abstentions, the Commission considered that such cooperation should make an effective and practical contribution to the urgent task of preventing violations of human rights; reaffirmed that the promotion, protection and full realization of human rights should be guided by the principles of universality, non-selectivity, objectivity and transparency; urged all actors on the international scene to build an international order based on inclusion, justice, equality, human dignity, mutual understanding and promotion of and respect for cultural diversity; invited States and relevant human rights mechanism to continue to pay attention to the importance of cooperation, understanding and dialogue; and reaffirmed that dialogue among cultures and civilizations facilitated the promotion of a culture of tolerance and respect for diversity.
The result of the vote was as follows:
In favour: Algeria, Argentina, Armenia, Bahrain, Brazil, Burundi, Cameroon, Chile, China, Costa Rica, Cuba, Democratic Republic of the Congo, Ecuador, Guatemala, India, Indonesia, Japan, Kenya, Libyan Arab Jamahiriya, Malaysia, Mexico, Nigeria, Pakistan, Peru, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Uruguay, Venezuela, Viet Nam and Zambia.
Against: None
Abstentions: Austria, Belgium, Canada, Croatia, Czech Republic, France, Germany, Italy, Poland, Portugal, Spain, Sweden and United Kingdom of Great Britain and Northern Ireland.
MARIE GERVAIS-VIDRICAIRE (Canada) said that it regretted that due to the late tabling of the draft resolution it was not possible to engage in consultations that could have allowed the members to reach a consensus. Canada had strong reservations on the Durban Conference. In some respects, the Conference might have helped the cause of human rights, in others it had seriously hindered it. Canada indicated that it would abstain.
TOUFIK SALLOUM (Syria) said his delegation would vote in favour of the draft because what had been adopted during the Durban Conference, despite the fact that the conclusions did not live up to everyone's expectations, constituted a result that must be welcomed. One could not speak about the details about the Conference. The reservations against the Durban Declaration must not prevent the adoption of this draft.

Action on Resolutions on Effective Functioning of Human Rights Mechanisms
In a resolution (E/CN.4/2002/l.96) on the protection of United Nations personnel, adopted without a vote, the Commission called upon all States to consider promptly becoming parties to the Convention on the Safety of United Nations and Associated Personnel, in particular those receiving United Nations operations on their territories; to consider becoming parties to the Rome Statute of the International Criminal Court; urged all States to take the necessary measures to ensure the full and effective implementation of human rights and refugee law relating to such personnel; to ensure that any threat or act of violence committed against United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations organization on their territory was fully investigated and to take all appropriate measures to identify and prosecute the perpetrators of such acts; to ensure the security and protection of all such personnel; to provide adequate and prompt information concerning the arrest or detention of such personnel; to grant the representatives of the competent international organization immediate access to such personnel; to ensure the prompt release of such personnel who had been arrested or detained in violation of their immunity; to promote a climate of respect for the security of such personnel; requested the Secretary-General to take the necessary measures to ensure full respect for the rights, privileges and immunities of such personnel; and requested him to submit a report to the Commission at its sixtieth session on the situation of such personnel who were imprisoned, missing or held in a country against their will.
In a resolution (E/CN.4/2002/L.99) on regional cooperation for the promotion and protection of human rights in the Asia and Pacific Region, adopted without a vote, the Commission stressed that developing and strengthening national capacities in human rights in accordance with national conditions provided the strongest foundation for effective and enduring regional cooperation in Asia and the Pacific; endorsed the conclusions of the tenth Workshop for the region on the next steps to be taken to facilitate regional cooperation; welcomed the greater and valuable sharing of concrete national experiences at the tenth Workshop; took note of the decision of the High Commissioner for Human Rights to appoint regional representatives of her Office for the Asian and Pacific region; reaffirmed the desirability of developing national human rights plans of action through a process which ensured wide participation; took note with appreciation of the establishment of independent national institutions in countries of the region; encouraged Governments to promote the development of national strategies for human rights education; recognized the importance of good governance to ensure that all human rights were protected and that development resources were properly and effectively used; took note of discussions at previous workshops on obstacles to effective realization of economic, social and cultural rights and the right to development and the need for international cooperation to support the efforts of countries to overcome them; and requested the Secretary-General to submit to the Commission a report containing the conclusions of the eleventh regional Workshop.
In a resolution (E/CN.4/2002/L.103) on national institutions for the promotion and protection of human rights, adopted without a vote, the Commission reaffirmed the importance of the development of such institutions in conformity with the Principles annexed to General Assembly resolution 48/134; reiterated, 10 years after their formulation, the continued importance of these Principles, recognized the value of further strengthening their application, and encouraged States, national institutions and other interested parties to consider ways to achieve this; encouraged States to establish or strengthen such institutions; took note with satisfaction of the efforts of those States that had provided their institutions with more autonomy and independence, and encouraged other Governments to consider taking similar steps; expressed appreciation to those Governments that had contributed additional resources for the purpose of establishing and strengthening such institutions; welcomed the important role of the International Coordinating Committee of National Institutions; and requested the Secretary-General to continue to provide the necessary assistance for holding meetings of the Committee during sessions of the Commission.
In a resolution (E/CN.4/2002/L.105) on human rights and thematic procedures, adopted without a vote, the Commission commended those Governments that had invited thematic special rapporteurs, representatives, experts or working groups to visit their countries and had developed other forms of intensive cooperation with the thematic procedures; encouraged all Governments to cooperate with such procedures by responding without undue delay to requests for information; encouraged all Governments to consider inviting personnel of thematic procedures to visit their countries; consider follow-up visits with a view to effective implementation of the recommendations made by the thematic procedures concerned; called upon the Governments concerned to study carefully recommendations issued by thematic procedures; and recommended allowing time at future sessions of the Commission for informal discussion in public meetings between member and observer States of the Commission and special procedures and mechanisms after the latter had presented their reports.
In a resolution (E/CN.4/2002/L.112) on the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights, adopted without a vote, the Commission emphasized the need to ensure financing and adequate staff and information resources for the operations of the human rights treaty bodies, particularly in view of the additional demands placed on the system; reiterated its request that the Secretary-General provide adequate resources in respect of each treaty body; called upon the Secretary-General to seek in the next biennium the resources within the United Nations regular budget necessary to give the human rights treaty bodies adequate administrative support and better access to technical expertise and relevant information; welcomed the plans of action prepared by the High Commissioner to enhance the resources available to treaty bodies; took note of the measures taken by each of the bodies to improve their functioning; encouraged all key stakeholders to continue to examine ways of improving the system, including by reducing the duplication of reporting required under the different instruments, without impairing the quality of reporting, and of generally reducing the reporting burden on States; urged States parties to contribute to identifying practical proposals and ideas for improving the functioning of the treaty bodies; urged them to make every effort to meet their reporting obligations under human rights instruments; welcomed the publication of the revised Manual on Human Rights Reporting; and encouraged the efforts of the treaty bodies to monitor more effectively the human rights of women.
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU), said that the EU deeply regretted that the text contained in L.115 was introduced after the deadline. This had created a confused situation where the EU did not really know if the Commission was going to take action on this text at this session. The EU believed that deadlines had to be respected and hoped that the exception accepted this year would not constitute a dangerous precedent.

Action on Resolutions on Advisory Services and Technical Cooperation in the Field of Human Rights
In a resolution (E/CN.4/2002/L.108/Rev.1) on advisory services and technical cooperation in the field of human rights, the Commission declared that such activities were one of the most efficient and effective means for promoting and protecting human rights; welcomed the increasing number of requests for such activities and services; called for a substantial increase in available financial resources for such activities, which should be managed in a more efficient and coordinated way; invited all Governments considering voluntary contributions to the Office of the High Commissioner for Human Rights to consider providing unearmarked contributions to the extent possible; encouraged efforts to integrate into technical cooperation programmes on economic, social and cultural rights as well as a clear gender perspective; stressed that priority should be given to technical cooperation programmes designed to address States' specific requirements; affirmed that advisory services and technical cooperation should incorporate qualified national human rights expertise to the extent possible; and encouraged the Office of the High Commissioner to continue its current practice of making the best available use of human rights expertise from the regions where technical cooperation activities were undertaken.
In a resolution (E/CN.4/2002/L.111) on assistance to Somalia in the field of human rights, adopted without a vote, the Commission welcomed the decision to revitalize the arms embargo in Somalia established by the Security Council through the establishment of a concrete mechanism for its enforcement by 20 April 2002; emphasized the necessity of undertaking efforts against international terrorism and urged the international community to provide assistance to Somalia in that regard; underlined the need for human rights to be an integral part of a future United Nations peace-building mission in Somalia; expressed hope that the National Reconciliation Conference to be held in Nairobi would contribute to the restoration of the State, the preservation of national unity and the territorial integrity of the country through the process of national reconciliation; expressed hope that the Conference would contribute to ending the suffering of the Somali people; and underlined that the initiative of the Intergovernmental Authority on Development on Somalia was essential in order to find a way forward in the search for an all-inclusive government based on the sharing and devolution of power through a democratic process.
The Commission expressed deep concern at reported cases of rape, arbitrary and summary executions, torture, violence, in particular against women and children, and at the absence of an effective judicial system, and took note of the need for appropriate investigation throughout Somalia in order to bring perpetrators to justice; condemned ongoing widespread violations of human rights, in particular against minorities, women and children, including the practice of female genital mutilation and forced displacement of civilians; forced or compulsory recruitment of children for use in armed conflict and the use of these children in armed conflict by militias; and all acts of violence such as hostage-taking, abduction and murder, including of humanitarian relief workers and United Nations agency personnel.
The Commission strongly urged the Transitional National Government, local authorities and all political and traditional leaders of Somalia to strengthen their commitment to dialogue to speed up the process of national reconciliation; to put aside their differences and participate in the dialogue without preconditions and with genuine resolve to complete the reconciliation process; to respect human rights and international humanitarian standards; called upon the Transitional National Government and the Transitional National Assembly to engage all groups in the country, including the north-eastern and north-western self-administering areas ("Somaliland" and "Puntland") with a view to completing the process of national reconciliation and preparing for the installation of permanent democratic governance; the authorities of "Somaliland" and "Puntland" to establish constructive relations with the Transitional Government; All States to prevent persons and entities from taking advantage of the situation in Somalia to finance, plan, facilitate, support or commit terrorist acts from the country; the international community to continue to provide increased assistance in response to United Nations appeals for relief, rehabilitation and reconstruction efforts throughout Somalia; and decided to extend the mandate of the independent expert on the situation of human rights in Somalia for a further year.
In a resolution (E/CN.4/2002/L.113) on the situation of human rights in Cambodia, adopted without a vote, the Commission noted with concern the continued problems related to the rule of law and the functioning of the judiciary resulting from, among other things, corruption and interference by the executive with the independence of the judiciary, welcomed the continued commitment of the Government of Cambodia to reforming the judiciary and urged the Government to take the necessary measures to ensure the independence, impartiality and effectiveness of the Supreme Council of the Magistracy and the judicial system as a whole and to increase budgetary allocation to the judiciary; urged the Government to strengthen efforts towards early adoption of the laws and codes that were essential components of the basic legal framework; welcomed enactment of the Land Law, noted with concern the problems related to land, including land grabbing, forced evictions and further displacement, and urged further efforts to solve these problems; and expressed serious concern that a situation of impunity still existed in Cambodia and called upon the Government to investigate urgently and prosecute all those who had perpetuated serious crimes.
The Commission also welcomed the efforts of the Government to demobilise those elements of the armed forces no longer required to meet its defence needs; welcomed the efforts of the Government to conduct polling for the February 3 commune election in a peaceful and efficient manner; noted with serious concern acts of intimidation, violence and killings, and reports of vote-buying, and urged the Government to investigate those incidents thoroughly and to bring the perpetrators to justice, to ensure that similar problems did not occur in connection with next year's general election, in particular to ensure proper neutrality on the part of State institutions; noted with serious concern the prison conditions in Cambodia; expressed grave concern about continued violations of human rights, including torture, excessive pre-trial detention, violation of labour rights and forced evictions, as well as political violence, police involvement in violence and the apparent lack of protection from mob killings; noted that some progress had been made by the Government in addressing these problems; urged the Government to combat discrimination against ethnic minorities; and reaffirmed that the most serious recent violations in Cambodia had been committed by the Khmer Rouge and acknowledged the final collapse of the Khmer Rouge and the continued efforts of the Government that had paved the way for the restoration of peace.
The Commission appealed to the Government to ensure that the senior leaders of Democratic Kampuchea and those most responsible for crimes and serious violations of penal law and international human rights standards were brought to trial; noted with serious concern the problem of child labour in its worst forms and called on the Government to take immediate and effective measures to protect children from economic exploitation; and expressed concern at the devastating consequences of landmines and at the substantial number of small arms still existing in society, and encouraged the Government and international community to continue efforts to respond to these matters.
SOMETH SUOS (Cambodia) said that the resolution on the human rights situation in Cambodia reflected the desire of the international community to help Cambodia to rebuild its social infrastructure. The resolution included a number of negative perceptions on several points. Cambodia regretted the insistence of some co-sponsors to express their strong views to the point of losing sight of the forest and seeing only the trees. It was a unilateral decision of the United Nations to withdraw its participation in the establishment of the Tribunal for Cambodia. Nonetheless, Cambodia was committed to prosecuting Khmer Rouge criminals. Not withstanding its meagre resources, the country was committed to strengthening human rights. The polling for elections was a major event in the nation's history. Any institutional reform required time and resources and some countries took hundreds of years to become the prosperous democracies that they were today.

Chairperson's Statement on Haiti
There was a Chairperson's statement on Haiti adopted by the Commission by which it welcomed the recent appointment of a new Independent Expert on the situation of human rights in Haiti, although regretting that it was not done earlier; welcomed and encouraged the efforts of the Government of Haiti, the Organization of American States, the Caribbean Community and members of Haitian civil society to bring about dialogue and reconciliation among Haiti's political forces; and requested the new Independent Expert to report to the Commission at its fifty-ninth session on developments in the situation of human rights and technical cooperation for human rights in Haiti and decided to continue its consideration of human rights in Haiti at its fifty-ninth session under the agenda item entitled "Advisory services and technical cooperation in the field of human rights".

Explanation of the Vote After the Vote
MASARU WATANABE (Japan) said that concerning the resolution under agenda item 18 on the composition of the staff of the Office of the High Commissioner (L.94) adopted yesterday, the principle of geographic distribution must be respected. The composition of the staff was extremely unbalanced and this situation needed to be improved. The staff must include members from unrepresented or under represented countries. However, the resolution contained some provisions that seemed financially unrealistic. Japan had suggested to change these provisions, but since there had been no change, Japan had been forced to vote against the resolution.

Action on Resolution and Decision on Rationalization of the Work of the Commission
In a resolution (E/CN.4/2002/L.106/Rev.1), adopted without a vote, the Commission recalled decision 1994/297 of 29 July 1994 of the Economic and Social Council, and taking into account Council decision 1997/291 of 22 July 1997, decided, without a vote, that the first meeting of the Commission on Human Rights with the sole purpose of electing its officers would henceforth be held on the third Monday in January. The fifty-ninth session of the Commission would be held from 17 March to 25 April 2003.
RODOLFO REYES RODRIGUEZ (Cuba) said the draft decision was not urgent. There were substantive issues involved; there was a clear break in continuity in the intergovernmental process between one session and another and it was not clear how this resolution would solve the question of accountability. This could have long-term repercussions on the work of the Commission. In a spirit of flexibility, Cuba would not ask for a vote on this draft resolution.
In a measure on expiration of office-holder's terms of appointment under special procedures, adopted without a vote, the Commission decided that the six-year period of time for special procedures mandates would not extend beyond the last day of the substantive session of the Economic and Social Council (ECOSOC) immediately following the relevant session of the Commission; that any reports on activities undertaken by the office-holder concerned between the date of submission of reports and the last day of the ECOSOC substantive session would be circulated as official documents of the subsequent session of the Commission; and that the Chairperson, in consultation with the Expanded Bureau, would endeavour to select and appoint office-holders as early as possible with a view to avoiding gaps between terms of office-holders.

Action on Resolution on Report of the United Nations High Commissioner for Human Rights and Follow-up to the World Conference on Human Rights
There was a extended debate on (E/CN.4/2002/L.116) on the situation of human rights in the occupied Palestinian territory but the Commission delayed the vote on it to the afternoon meeting.
There was a roll-call vote to delete the words "in this context" in operative paragraph 4 of resolution L.116 on the situation of human rights in the occupied Palestine, which was defeated by a roll-call vote of 12 in favour and 26 against, with 14 abstentions.
The results were as follows:
In favour: Argentina, Belgium, Canada, Chile, Costa Rica, Croatia, Ecuador, Mexico, Peru, Portugal, Sweden and Uruguay.
Against: Algeria, Armenia, Bahrain, Brazil, China, Cuba, Democratic Republic of the Congo, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Nigeria, Pakistan, Saudi Arabia, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Syrian Arab Republic, Thailand, Togo, Uganda, Venezuela, Viet Nam, Zambia.
Abstentions: Austria, Burundi, Cameroon, Czech Republic, France, Germany, Guatemala, Italy, Japan, Poland, Republic of Korea, Russian Federation, Spain, United Kingdom of Great Britain and Northern Ireland.
YAAKOV LEVY (Israel) said that choosing the path of singling out one party on a daily basis was far from helpful. The resolution had no regard to the human rights of Israelis, to their right to life, and to their right to live free from attacks. The resolution did not contain even one condemnation of suicide attacks that plagued Israel. The camp of Jenin had harboured 23 suicide bombers who had killed hundreds of civilians as well as three other suicide bombers who were intercepted on their way to carry out an attack. What should Israel have done in the face of such an onslaught? The fact that the resolution negated the situation Israel faced in protecting the right to life of Israelis was a reflection of the tone of the debates in the Commission. Further, the fact that the resolution did not condemn the violation of human rights committed by the Palestinian Authority and the use of refugee camps to store weapons and to make bombs pointed to a lack of balance on the part of the members of the Commission. Neither were the members concerned by the violations of the rights of their brethren who were executed by the Palestinian Authority for collaborating with Israel. The resolution did not condemn the incitement to hatred. This resolution did a disservice for human rights in the region.
NABIL RAMLAWI (Palestine) said it was not surprising that one heard such things from the delegate of Israel as he represented the military power that was morally and internationally rejected and refused. Israel had committed crimes against humanity, particularly in the Jenin Camp. The delegate of Israel complained as if Israel was the martyr - it was a manipulation that the Commission did not deserve. Regarding the draft resolution, it was regretted that there had been such a debate about three words "in this context" in operative paragraph 4. Why was there such an issue being made of three small words in operative paragraph 4. The words "in this context" referred to the paragraph preceding it - the crimes committed by Israel. When the phrase had been added to the draft, none of the co-sponsors thought that this would have caused a problem. This had already been approved by the Commission in a previous resolution, the draft merely merged the two sentences together. The facts were clear, and there was no need for a debate on these three words. The content was not new, but a link had been provided between paragraph 3 and 4, the condemnation was linked with the request for an investigative committee. One could either be consistent with what had previously been adopted or abstain. The sponsors of the draft were not hiding anything. The crimes in the Jenin Camp could not be accepted by this Commission. The Commission was appealed to interpret this paragraph according to the clarifications made by the Palestinian delegate and to approve the draft resolution without a vote.
MOHAMED-SALAH DEMBRI (Algeria) said that the statement made by the Israeli representative had shocked him. However, that representative knew well that his country was responsible for the worsening of the situation. The manner in which the representative described the entry of the Israeli army in Jenin could be compared with that of the entry of the German army into the Ghetto of Vilna.
ANTONIO ARENALES FORNO (Guatemala) said that it had a problem with the resolution beyond the three words in this context. Guatemala believed that the resolution was unbalanced and indicated that it would abstain on the proposal to retain or delete "in this context".
IVAN MORA GODOY (Cuba) said keeping in mind that the preambular and operative sections set out the actual context in which one would like the investigation to take place, the delegation of Cuba would vote against the suggestion to delete the three words " in this context" in operative paragraph 4.
CARLOS PEREZ DEL CASTILLO (Uruguay) said the issue was not to distort the reality. But in order to be able to support the draft, the ambiguity of the paragraph should be elucidated.
JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking on behalf of the European Union (EU), said that it had had many occasions to speak about the situation in the occupied territories. Spain condemned the intolerable level of violence and the violations of international humanitarian and human rights law in the occupied territories. Today, there was an eighth text before the Commission. This initiative did not add any new elements to what had been said before. Consequently, Spain would abstain on the vote.
GRIGORY LUKIYANTSEV (the Russian Federation) said the critical situation in the Middle East had aroused great concern in the Russian Federation, especially involving the forced occupation and the destruction of the Palestinian infrastructure. This required extreme measures to be taken to assist the Palestinian people. The actions taken in Jenin by the Israeli forces could not be justified. All conditions needed to be met in order to receive the High Commissioner in the Jenin Camp. The Russian delegation affirmed that a comprehensive settlement could only be achieved by dialogue. The Russian Federation intended to continue its work with a view to finding a solution to the situation and would therefore vote in favour of the resolution.
ANTONIO ARENALES FORNO (Guatemala) said that the terrorist acts against Israeli civilians were the reason for the present deterioration in the situation. Guatemala also believed that the Commission was not the appropriate forum to adopt initiatives that complicated other peace initiatives. For these reasons, Guatemala indicated that it would vote against the draft resolution.




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