人权理事会与1967年以来巴勒斯坦人权状况特别报告员进行互动对话（部分翻译）

人权理事会
上午

2014年3月24日

人权理事会今天上午与1967年以来巴勒斯坦被占领土人权状况特别报告员理查德·福尔克（Richard Falk）举行了互动对话。

福尔克先生介绍了他作为任务负责人向人权理事会提交的最终报告，呼吁关注巴勒斯坦人民受到的深重苦难。如何在当前局势下实现巴勒斯坦人民不可分割的自决权这一全局目标依然未得到解答。在包括东耶路撒冷在内的约旦河西岸，一系列定居点无休无止地扩张，由此人们必须承认，占领后时期的巴勒斯坦领土完整与领土范围都受到了损害。理事会成员应该意识到，那些定居点的每一所额外住房都增加了整个事件的非法性。福尔克先生欣慰地报告称，越来越多私营经济部门正在暂停建设，以免卷入非法以色列定居点问题而助长人权侵犯行为。

特别报告员表示，报告还审查了以色列在巴勒斯坦被占领土的政策和做法是否构成隔离，并得出结论称，维护行政结构为定居者及其社区提供了法治保护，同时又让巴勒斯坦人接受不受问责的军事统治，这实质上是歧视性的。报告提出了各项建议，并着重提出大会应要求国际法院颁布关于长期占领巴勒斯坦行为合法问题的咨询意见，并评估占领是否具有“隔离”和“种族清洗”特征的指称。理事会应该任命一个专家组，确定任何超过五年的占领行为的法律根据。

巴勒斯坦作为当事国发言，要求理事会在同一任务授权之下任命一名新的任务负责人，并强调了在巴勒斯坦发生的侵犯行为，包括定居者实施暴力，设置检查点，封锁加沙地区以及其他构成隔离的政策。所有这些措施都是非法的，也违背了国际法院的咨询意见。以色列正在高调宣布和平进程以及采取和平解决办法的可能性。

以色列并未到场发言。

在互动对话期间，发言人对特别报告员的任务表示赞赏，并强调了这项任务授权的重要性。日益增多的巴勒斯坦被占领土问题报告说明，以色列依然在那些地区实施侵犯国际人道主义法和人权法的行为。蓄意的人权侵犯现象反映了以色列的占领行为仍在继续，包括以平民为目标而将其杀害，破坏村庄，强迫人们流离失所并采用酷刑，理事会应该表明清晰的立场。一些代表对以色列未能向特别报告员展现合作意愿表示遗憾。

还有发言人向特别报告员询问了他在过去六年取得的成果，以及他的工作是否帮助了巴勒斯坦人民。他们提到，维基解密记录了巴勒斯坦代表团曾考虑寻求让福尔克先生解职，原因是其表现不佳。

在互动对话中发言的有摩洛哥、代表不结盟国家运动发言的伊朗、代表海湾合作委员会发言的科威特、代表伊斯兰合作组织发言的巴基斯坦、代表阿拉伯集团发言的也门、古巴、智利、土耳其、阿尔及利亚、厄瓜多尔、马尔代夫、巴林、突尼斯、阿拉伯联合酋长国、约旦、毛里塔尼亚、埃及、叙利亚、苏丹、伊拉克、阿拉伯国家联盟、卡塔尔、黎巴嫩、孟加拉国、南非、伊朗、马来西亚、印度尼西亚、委内瑞拉和塞内加尔。

阿勒·哈克法律服务于人组织（Al-Haq, Law in the Service of Man）、反对种族主义支持各民族友好运动（Mouvement contre le racism et pout l’aimitié entre les peuples）、国际犹太人律师和法学家协会（International Association of Jewish Lawyers and Jurists）、人权观察、国际消除一切形式种族歧视组织（International Organization for the Elimination of All Forms of Racial Discrimination）和增进非政府组织责任阿穆塔（Amuta for NGO Responsibility）也作了发言。

理事会在今天举行全天会议。上午11点30分，理事会将听取人权事务高级专员关于秘书长报告的发言以及人权高专关于巴勒斯坦和其他阿拉伯被占领土人权状况的发言，随后开展议程项目上的一般性辩论。今天下午，人权理事会将举行了关于《维也纳宣言和行动纲领》后续工作与落实情况的一般性辩论。

文件

理事会面前有1967年以来巴勒斯坦被占领土人权状况特别报告员理查德·福尔克的报告（A/HRC/25/67）。

1967年以来巴勒斯坦被占领土人权状况特别报告员的发言

1967年以来巴勒斯坦被占领土人权状况特别报告员理查德·福尔克向人权理事会提交了最终报告，呼吁关注巴勒斯坦人民受到的深重苦难。如何在当前局势下实现巴勒斯坦人民不可分割的自决权这一全局目标依然未得到解答。

报告描述了占领的残酷现状，并强调了对长期占领的法律影响提出质疑的人道主义迫切性。除了时不时地表示遗憾和谴责之外还应采取其他行动，确保巴勒斯坦人享有法治保护，并终结这种非法占领行为。在包括东耶路撒冷在内的约旦河西岸，一系列定居点无休无止地扩张，由此人们必须承认，占领后时期的巴勒斯坦领土完整与领土范围都受到了损害。理事会成员应该意识到，那些定居点的每一所额外住房都增加了整个事件的非法性。福尔克先生欣慰地报告称，越来越多私营经济部门正在暂停建设，以免卷入非法以色列定居点问题而助长人权侵犯行为。希望未来的特别报告员能够继续寻求关于社会责任的议程，因为这是言语谴责之外切实而重要的步骤，并在联合国活动和全球团结倡议之间建立联系，遵循民间社会的类似做法。 

报告还审查了以色列在巴勒斯坦被占领土的政策和做法是否构成隔离，并得出结论称，维护行政结构为定居者及其社区提供了法治保护，同时又让巴勒斯坦人接受不受问责的军事统治，这实质上是歧视性的。福尔克先生提醒理事会，2014年7月距离国际法院坚决申明以色列在东耶路撒冷和约旦河西岸建造隔离墙行为违法整整十周年，他呼吁拆除隔离墙，并为巴勒斯坦人受到的伤害提供赔偿。被迫隔离的各个村庄和家庭付出了巨大的物质和精神代价，这不应被人遗忘，以色列也不应拒绝落实联合国最高司法机构的国际法调查结果。加沙地区的人道主义状况十分悲惨且正在恶化，部分原因归结于埃及的变革。联合国在官方报告中建议，加沙正处于危急存亡之时，当前的紧急挑战是为当地民众确保一个可持续的未来。

福尔克先生在结语中总结了报告的各项建议，尤其包括：大会要求国际法院颁布关于长期占领巴勒斯坦行为合法问题的咨询意见，并评估占领是否具有“隔离”和“种族清洗”特征的指称。理事会应该任命一个专家组，确定任何超过五年的占领行为的法律根据。

当事国的声明

巴勒斯坦提到了今天上午的一篇新闻报道，文中反映了以色列希望传达的信息：理事会正在针对以色列进行抵制，而这与现实相差甚远。巴勒斯坦感谢特别报告员的努力和专业精神，尽管以色列不予配合，他依然兢兢业业。巴勒斯坦要求理事会在同一任务授权之下任命一名新的任务负责人。尽管以色列是联合国成员并已加入多项国际文书，它却尝试通过其行为削弱联合国及其机制。巴勒斯坦强调了巴勒斯坦境内发生的侵犯行为，包括定居者实施暴力，设置检查点，封锁加沙地区，以及其他构成隔离的政策。所有这些措施都是非法的，也违背了国际法院的咨询意见。以色列正在高调宣布和平进程以及采取和平解决办法的可能性。

Interactive Dialogue with the Special Rapporteur

Morocco reaffirmed the crucial importance of the mandate of the Special Rapporteur and recalled that the report was of great importance.  It had been submitted by a person of great credibility and showed that there were violations of Palestinian rights at all levels over the past six years, taking the form of expansionism and systematic occupation of Palestinian territories.   Iran, speaking on behalf of the Non-Aligned Movement, said that the cumulative reports on the Occupied Palestinian Territories were indicative of the fact that violations of international humanitarian law and human rights law continued to be committed by Israel in those territories.  The illegal and unlawful annexation and expansion of settlements were strongly condemned.  Kuwait, speaking on behalf of the Gulf Cooperation Council Countries, said that the systematic violations of human rights reflected the fact that the Israeli occupation continued, targeting and killing civilians, destroying villages, forcing displacement and carrying out torture.  The matter needed a clear stance from the Council.  There was no accountability for those perpetrating actions that ran counter to the most basic human rights.
Pakistan, speaking on behalf of the Organization for Islamic Cooperation, strongly condemned Israel’s non-cooperation with the Special Rapporteur that prevented him from fully fulfilling his mandate.  Israel had revoked the permanent residency status of thousands of Palestinians in East Jerusalem to alter its character and this was unacceptable.  The unlawful blockade of Gaza was also strongly condemned.  Yemen, speaking on behalf of the Arab Group, noted that Israel had not been able to be brought back to the room, a sign that it refused to cooperate with the Special Rapporteur and comply with international resolutions.  The rights of Palestinians to self-determination and full sovereignty of their resources was underscored.  There was deep concern regarding the defamation of the Special Rapporteur.  Cuba deplored that the Special Rapporteur was not able to rely on the cooperation of Israel.  The insulting attacks of certain non-governmental organizations against the Special Rapporteur were rejected.  Also deplored were the reprisals by Israel against Palestinians, including the scaling up of illegal settlements, and the terror and violence that the Israeli settlers perpetrated against Palestinians and their property. 

Chile reiterated the need to put an end to acts of violence against the Palestinian people.  The situation of occupation still existed despite the many words against it spoken by the international community.  The unconditional cessation of all illegal settlement activity that violated human rights was indispensable for the peace negotiations and to restore the spirit of dialogue.  Turkey appreciated the emphasis given in the report to the negative effects of the wall, illegal settlements and the blockade of Gaza.  Any improvement of the human rights situation required, first and foremost, ending the Israeli occupation and a common vision of peace, which was not in place.  Algeria appreciated the neutrality and credibility of the Special Rapporteur and reiterated the credence of his final report.  The International Court of Justice had declared the wall illegal 10 years ago and Algeria reminded the Council of the measures that the Special Rapporteur had suggested in his previous reports to ensure the compliance of Israel with this decision.

Ecuador shared the concerns expressed by the Special Rapporteur in his report and appealed to the United Nations to ensure that resolution 181 of 1947 on the creation of a free and sovereign Palestinian State was fully implemented.  All countries that had veto power in the United Nations Security Council should reconsider their position in relation to the situation of the Palestinian people which had negative implications for global peace and security.  Maldives strongly condemned the continued, systematic and gross violations of the inalienable rights of the Palestinian people by Israel, in a climate and culture of impunity.  The continuation of violence by settlers and the grave situation in Gaza were questions of grave concern and Maldives reiterated that without a Palestinian State, Palestinians would never be safeguarded.  Bahrain said that all States must respect all human rights, including the right to self-determination.  Israel continued to build illegal settlements and today half a million settlers lived in the occupied Palestinian territories.  The settlement activity was an obstacle to any sustainable peace.

Tunisia deplored the attacks and defamation campaigns against the Special Rapporteur in order to divert attention from the situation in Palestine.  Tunisia supported all the recommendations emanating from the report, in particular inviting the International Court of Justice to issue an advisory opinion on the longevity of the occupation and administrative and legal modifications in place which could be characterised as apartheid or ethnic cleansing.  United Arab Emirates said that the mandate holder, despite the challenges posed by the occupying forces, should continue to draw attention to the occupation.  The Council should give greater attention to the non-cooperation of Israel with the Special Rapporteur.  The delegation hoped that the new rapporteur would be able to display the same determination and enthusiasm.  Jordan thanked the Special Rapporteur for the report and highlighted the importance of implementing the recommendations in the report.  The mandate holder had expressed concern about the continued violation of Palestinians’ right to self-determination, as well as about administrative practices which might amount to apartheid.  Jordan condemned all violations and agreed with the Special Rapporteur that the International Court of Justice should be asked for an advisory opinion on the prolonged occupation.

Mauritania condemned the human rights violations in the occupied Palestinian territories, welcoming the professionalism of the report.  The conflict was still a source of tension and threatened international peace and security in very tangible ways.  A solution to the conflict must include a Palestine State with Jerusalem as its capital and the return of all occupied territories to the Palestinian people.  Egypt thanked Mr. Falk for his report and hoped that the new mandate holder showed the same frankness and capacity in the fulfilment of his mandate.  Israeli violations continued to grow, in violation of the rights of the Palestinian people, and the demographic makeup of the occupied territories was being modified.  Egypt condemned the extension of the Israeli settlements and called on the Special Rapporteur to address this situation.  Syria reaffirmed the right of the Palestinian people to self-determination.  It was crucial that the world recalled their suffering.  A climate favourable to violations had been created, leading to the violation of international standards and laws in the occupied territories.  The European Union had manifested its hypocrisy and weakness, as its members refused to point out the suffering of the Palestinian people.  It was crucial to realise how serious the situation was.

Sudan regretted that Israel had not allowed the Special Rapporteur to visit the occupied Palestinian territories.  The report clearly reflected the fact that Israel continued its non-cooperation with United Nations mechanisms, including the Council, believing that it was above the law.  Israel was continuing its inhumane practices, in clear violation of international humanitarian law and human rights law.  Iraq said Israeli policies had given rise to the separation and deterioration of the Palestinian people, who suffered under the yolk of occupation.  Iraq condemned the Israeli position that defied resolutions stemming from United Nations bodies.  Also condemned was the separation policy and that of settlement expansion, as well as policies that had serious repercussions on the enjoyment of the Palestinian people of their rights.  League of Arab States said that Israel’s intransigence and its continuation to refuse to stop settlement activities was an obstacle to all efforts to achieve a peace process.  Israel continued the illegal practices to Judaise East Jerusalem, falsifying its history.  Israel had taken many apartheid policies, such as the separation wall and the forced transfer of civilians, a grave violation of the rights of the Palestinians. 

Qatar strongly condemned the non-cooperation of Israel with the Special Rapporteur.  Ten years after the handing down of the advisory opinion of the International Court of Justice, the unlawful separation wall was still standing when its dismantlement had been called for.  The international community had not exerted pressure on Israel to cease its occupation and unlawful practices.  Lebanon deplored Israel’s non-cooperation with the mandate.  On the separation wall, Lebanon was very concerned that Israel was flouting the advisory opinion of the International Court of Justice that established that the wall was unlawful.  Lebanon was also concerned about the part in the report on Israeli settlements and the fragmentation of the Palestinian territories.  Bangladesh conveyed deep concern and regret at the continued non-cooperation of Israel with the mandate holder, and its consistent failure to comply with clear legal standards embodied in the Geneva Convention related to the protection of civilian persons and in international humanitarian law and human rights law.  There was particular concern about the situation of the beleaguered children of Gaza, who comprised over half of the population of Gaza.

South Africa welcomed the report of the Special Rapporteur, Richard Falk, praised his dedication, and thanked him for consistently highlighting the grave violations of international human rights law and humanitarian law in the occupied Palestinian territories.  Iran said that the competent international organizations should address efficiently and promptly the serious breaches and practices of Israel which constituted apartheid and segregation and called on the Council to establish an expert group to propose a legal regime for any occupation that lasted for more than five years.  Malaysia joined others in the Council in condemning in the strongest terms Israel’s continuing violations of international humanitarian and human rights law that continued to impede the inherent right of the Palestinian people to self-determination.  Israel should prove to the Palestinians and other Arab peoples in the occupied territories its sincere will and sincerity to resolve this conflict.

Indonesia noted the widespread human rights violations in the occupied Palestinian territories as a result of the prolonged occupation by Israel and said that the international community should explore more creative approaches to deal with this long overdue issue and to deliver its long overdue promise to Palestinians in conjunction with their inalienable right to self-determination.  Venezuela denounced the blatant violations of human rights of the Palestinian people in total impunity by the occupying force Israel and condemned the increase in settlements which was a practice of colonialism, apartheid and segregation.  Israel must act diligently to protect Palestinians from violence by its settlers and pay reparations.  Senegal said that the construction of the separation wall and the development of illegal settlements, together with the confiscation of property and treatment of prisoners, were violations by Israel of its obligations as an occupying power as set forth in the Fourth Geneva Convention.

Al-Haq, Law in the Service of Man turned the Council’s attention to one of the findings of the report, which indicated that some private entities had enabled, facilitated, and profited from the construction and the growth of settlements.  Access to legal remedy for human rights abuses linked to settlement activity was denied to Palestinians and Al-Haq called on States to adopt and implement domestic legislation aimed to prevent and punish companies involved in violations of international law.  Mouvement contre le racism et pour l’aimitié entre les peuples commended the report which detailed the root causes and consequences of the long standing occupation of the Palestinian territories and demonstrated the danger for the international community to allow a single State to undermine international law.  The Movement expressed support and appreciation for the work of Mr. Falk who had shown how intellect and eloquence could shake and destabilise a highly militarised government.  International Association of Jewish Lawyers and Jurists expressed disappointment at the work of the United Nations agency mandated to deal with Palestinian refugees and the inadequate care it provided.  The agency’s work was preserving the underprivileged status of Palestinian refugees, leading them to a life of poverty and dependence.  The Association called for a transparent review of the agency, as well as the efforts made by the Palestinian authorities and relevant actors to improve the lives of refugees.

Human Rights Watch asked the Special Rapporteur about what he had achieved during the last six years and whether his work had helped the Palestinian people.  Human Rights Watch recalled that WikiLeaks cables recorded that the Palestinian delegation had been considering seeking the removal of Mr. Falk due to his poor performance and his reference to Hamas in the draft report.  The Palestinian Deputy Permanent Representative was visibly upset by Mr. Falk’s reference to Hamas and the many errors in the draft report, arguing that this latest misguided effort had gone too far.  International Organization for the Elimination of All Forms of Racial Discrimination said that the expansion of settlements in Palestine had resulted in systematic oppression and apartheid affecting Palestinians at all levels, and questioned the seriousness of peace talks.  The International Organization was surprised that even the Israeli Supreme Court had legitimised some of these acts and hoped that the new mandate would continue to address these issues.  Amuta for NGO Responsibility regretted the endorsement Mr. Falk had given to the Boycott, Divestment and Sanctions (BDS) movement and highlighted the danger it posed as it constituted a call for hatred and used intimidation against those in support of a peaceful resolution to this conflict.  They expressed concerns about incidents of racism targeting Jewish students making it hard to engage in dialogue.

Concluding Remarks by the Special Rapporteur

RICHARD FALK, Special Rapporteur on the situation of Human Rights in the Palestinian Territories Occupied since 1967, in concluding remarks thanked delegations for their supportive and constructive statements, as well as members of the non-governmental organization community that had added richness to the dialogue and had given welcomed support to this mandate over the past six years.  It was underscored, on what was said that so much time had passed, that it was up to the Human Rights Council to now move beyond rhetoric and words of concern and to take concrete steps to ensure that Palestinian rights became respected and that Israel’s pattern of defiance of international law had tangible consequences.  Otherwise, as had been suggested by several delegations, the failure to implement the Goldstone report, to take seriously the recommendations regarding action against business organizations that profited from dealing with unlawful settlements, cast out on the value of the United Nations as a source of authority in the world.  A great deal was at stake in not allowing the pattern to persist; it had contributed to the daily ordeal confronting the Palestinian people not for just a short period but for decade after decade, generation after generation.  It was the responsibility of all to work towards the final just and sustainable peace for both peoples, but premised on genuine self- determination for the Palestinian people who had been kept waiting at the gate for far too long.

It was encouraging to the Special Rapporteur that the President of the Council had attempted to keep the discussion within the limits that should be respected regarding the report under discussion.  It was hoped that following the comments made by several delegations that the time had come to question an occupation that had lasted beyond five years, in this case a foreign occupation that had lasted 47 years; this had to be challenged and brought to an end.  The gap in international humanitarian law had to be filled.  This also related to Israel’s defiance of international law.  Nothing would restore and enhance respect for the Human Rights Council than taking tangible steps to see to it that the business activities connected with the unlawful settlements, including the consequences of the wall, were addressed in a new advisory opinion that re-examined the whole structure that had emerged in occupied Palestine. 
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