Statement by Ms. Louise Arbour United Nations High Commissioner for Human Rights

Jerusalem , Thursday, 23 November 2006

Ladies and Gentlemen,

I have spent the past four days in Israel and the occupied Palestinian territory. During that time I visited Gaza, Ramallah, Jerusalem, Sderot and Tel Aviv.

In Gaza, I was able to see for myself the mechanics of the crossing at Eretz. I also visited Beit Hannoun, and saw scenes of the recent attacks on that town by the Israeli Defense Forces, including the house in which so many members of the Al-Athamnah family died in an artillery attack earlier this month. There, I met with surviving members of that family.

I also met with President Mahmoud Abbas to discuss the human rights situation in the occupied Palestinian territory, as well as the obligations of the Palestinian Authority in this regard; finally, I met with members of civil society, including a number of prominent women, in Gaza.

In the West Bank, I visited segments of the Barrier and spoke to people affected by its construction. In Ramallah I met with the community of Palestinian human rights defenders to hear their views on the situation.

In Israel, which I visited at the invitation of the Government, I had the opportunity to travel to Sderot to meet with the Mayor and see, first hand, the impact that the Qassam missiles are having on daily life in that town. My experience of this was graphic: while there, three missiles did indeed explode, killing one civilian factory worker, Mr. Yaakov Yaakobov. I also met with parents of schoolchildren and heard from them of the fear in which they live on a continuous basis.

I met with senior Government officials, including the Minister of Foreign Affairs, the acting Minister of Justice, and the Deputy Minister of Defence. I met with members of the Supreme Court and with officials from the security services. I held meetings with civil society and with families affected by the violence. Finally, I had the opportunity to visit Yad Vashem and pay my respects to the millions murdered in the Holocaust.

I am extremely grateful to all my interlocutors in both Israel, Gaza and the West Bank, as well as to the United Nations family here, for the hospitality shown to me and my delegation and for their efforts in seeking to explain to me their perspectives on what is undoubtedly an immensely complex, and tragic, situation.

Ladies and Gentlemen,

This region is suffering from an alarming deprivation of human rights, the primary victims of which are civilians in both Israel and Palestine: civilians who have no role whatsoever in orchestrating their own misfortune. Acutely apparent in my meetings with both Palestinians and Israelis affected by the violence is their profound sense of frustration and abandonment, including a perception that the international community is not doing all that it could to protect them.

In extent, this situation is particularly acute in the occupied Palestinian territory, whose people find that virtually all their rights are being denied both individually and collectively, chronically and critically. Particularly vulnerable in this situation, as is invariably the case where respect for rights has been eroded, are women and children.

I left Gaza with a sense that the right of its people to their physical integrity -- their right to life -- was particularly imperilled: Beit Hannoun is only one case in many. In the West Bank, the Barrier and the system of checkpoints that is in place, road blocks, trenches and earth mounds is having a profound impact on family life and economic life, indeed, on the quality of life: in short, on human dignity and the sense of having any semblance of individual autonomy. In both places, economic and social indicators -- unemployment rates, poverty rates, access to food -- are worsening. Central causes for this severe deterioration are the physical restrictions imposed on the territory by Israeli policies and practices in the pursuit of their security agenda, as well as the fiscal constraints which Israel and the international community more broadly have put in place.

There is no doubt whatsoever that the launching of Qassam missiles, an inherently directionless weapon, is done only with the intent to kill and to spread fear without discrimination. As such they are in breach of international humanitarian law and their use must cease immediately. In my meeting with President Abbas, I impressed upon him the responsibility of the Palestinian Authority to exhaust every legitimate means of law enforcement -- and be seen to do so -- to ensure both that the firing of these missiles ceases and that those who launch them are brought to justice. In addition, every effort should be made to ensure that the PA has the capacity and the expertise to carry out their obligations to the fullest possible extent. While these missiles continue to fall, the Israeli authorities have every right -- indeed, they have an obligation -- to use all means within the law, including international human rights and humanitarian law, to protect everyone within their jurisdiction, power or control.

Ladies and Gentlemen,

Ultimately, of course, what is required, preferably sooner rather than later, is for there to be a lasting political solution to this conflict; for Palestinians to be able to realise their right to self-determination; and for both Israelis and Palestinians to live in safety within negotiated, internationally recognised, secure borders.

What can be done immediately, however, is for discussion of this crisis, and more importantly action to address it, to be re-positioned within a framework of international human rights law. The human rights of Palestinians and Israelis cannot be subject to negotiation or compromise. The entitlement of individuals to enjoy their rights is not dependant on there being peace: indeed the protection afforded by international law is most vital in situations of volatility. Likewise, the human rights obligations of those with power cannot be obscured by the search for a political solution.

I have already mentioned the need for greater efforts to be made to halt the launching of Qassams on Israel. Let me now turn to a number of actions which I believe could usefully be undertaken by Israel to improve human rights in the region.

Firstly, more can be done to ensure appropriate redress in situations in which there has been the use of lethal force. Following such incidents, it is imperative that there is a system of accountability available to Palestinians allowing for investigations which are law-based, independent, transparent and accessible. Where violations of law are found to have occurred, there must be adequate reparation and the perpetrators of those violations must be held to account. This system, and it must be systematic, will have the twin benefits of affording Palestinians access to their legal entitlements -- something which at the moment is not the case -- while at the same time providing Israeli authorities the opportunity to explain their actions credibly and, where relevant, reject the allegations.

Evidence shows that an effective system of accountability, including personal criminal accountability, will lead to a change in approach in the use of force -- ensuring compliance with international law and appropriate punitive or remedial action where negligence, recklessness or intent is established.

Secondly, Palestinians need to be able to enjoy their right to freedom of movement which is currently seriously compromised within the West Bank in particular, but also between the West Bank and Gaza; Palestinian access to Jerusalem also remains of particular concern. In addition to being a legal entitlement on its own terms, permitting freedom of movement will also enable Palestinians to realise a wide range of other rights -- such as to health, to education and to family life -- which are currently severely curtailed.

Furthermore, in recent months there has been an increase in obstacles imposed on foreign passport holders, including many of Palestinian origin, effectively preventing them from entering and staying in the occupied Palestinian territory with their families or for humanitarian activities. I call on the authorities to take remedial measures to remove such obstacles.

Thirdly, in addition to the particular responsibilities that rest on Israel as an occupying power, it must discharge its obligations towards all individuals in Israel, including its Palestinian citizens. Discriminatory policies and practices continue to affect adversely the full enjoyment of rights by Palestinian citizens who are seeking, as is their entitlement, equal treatment and equal protection under the law.

As for the international community, I believe that it should at all times advocate for the respect of international law. In its efforts to promote a much needed political solution to this 40-year-old occupation, it should ensure that treaties, conventions and agreements are respected by all, and that the Advisory Opinion of the International Court of Justice, a principal organ of the United Nations, is relied upon as a framework for the implementation of the Rule of Law, both internationally and domestically.



Ladies and Gentlemen,

I regret that I have not been able to cover the full range of rights issues at play here. One such oversight, but nonetheless an area requiring urgent attention, is the plight of those imprisoned, captured or otherwise detained as a consequence of the crisis. It is vital that here, too, the rights of these individuals and appropriate access to them, are fully respected.

Addressing the issues I have highlighted above must be viewed by all as being ends in themselves: as fulfilling legal obligations by those in power so that civilians throughout the region can enjoy their legal entitlements. To view them instead as being mere stepping stones on the path to peace, or only attainable after peace has broken out, renders them vulnerable to the political impasses that surely lie ahead and, as such, their denial will only hinder that search for a lasting peace.

Thank you.