31/41 Human rights in the occupied Syrian Golan

Human Rights Council Thirty-first session

Agenda items 2 and 7

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Human rights situation in Palestine and other

occupied Arab territories

Human rights in the occupied Syrian Golan

Report of the Secretary-General

Summary

The present report was prepared pursuant to Human Rights Council resolution

28/24, in which the Council requested the Secretary-General to report to the Council at its

thirty-first session on the implementation of that resolution.

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 28/24,

in which the Council called upon Israel, the occupying Power, to comply with the relevant

resolutions of the General Assembly, the Security Council and the Human Rights Council.

The Council recalled in particular Security Council resolution 497 (1981), in which it

decided, inter alia, that the decision of Israel to impose its laws, jurisdiction and

administration on the occupied Syrian Golan was null and void and without international

legal effect, and demanded that Israel rescind forthwith its decision.

2. In resolution 28/24, the Human Rights Council also requested the Secretary-General

to bring the resolution to the attention of all Governments, the competent United Nations

organs, specialized agencies, international and regional intergovernmental organizations

and international humanitarian organizations, to disseminate it as widely as possible and to

report thereon to the Council at its thirty-first session.

II. Implementation of Human Rights Council resolution 28/24

3. On 12 November 2015, the Office of the United Nations High Commissioner for

Human Rights (OHCHR), on behalf of the Secretary-General, addressed a note verbale to

the Government of Israel referring to Human Rights Council resolution 28/24 and

requesting information on any steps taken or envisaged to be taken concerning the

implementation of the said resolution. No reply was received.

4. On the same day, OHCHR, on behalf of the Secretary-General, addressed a note

verbale to all permanent missions in Geneva to draw their attention to Human Rights

Council resolution 28/24 and to request the Governments of Member States to provide

information on any steps taken, or envisaged to be taken, concerning the implementation of

the relevant provisions of the resolution. The Permanent Missions of Bahrain, Denmark,

Ireland and the Syrian Arab Republic responded by means of notes verbales to that request.

5. In addition, on behalf of the Secretary-General, OHCHR, pursuant to the request of

the Human Rights Council, brought resolution 28/24 to the attention of the competent

United Nations organs, specialized agencies, international and regional intergovernmental

organizations and international humanitarian organizations. No reply was received.

6. The Permanent Mission of Bahrain, in a note verbale dated 17 November 2015,

emphasized its support for a two-State solution and the establishment of a Palestinian State

along the lines existing on 4 June 1967, in compliance with the Arab Peace Initiative and

with Security Council resolutions 242 (1967) and 338 (1973). It also referred to the

continued occupation of the Palestinian territories and the Syrian Golan by Israel and its

flagrant disregard and breach of international law, and noted that the international

community was not exercising enough pressure on Israel to ensure compliance with

international law and relevant United Nations resolutions.

7. In a note verbale dated 24 November 2015, the Permanent Mission of Ireland stated

that it had not recognized any of the legislative or administrative measures and actions

referred to in resolution 28/24 which purported to apply to the occupied Syrian Golan.

8. The Permanent Mission of Denmark, in a note verbale dated 1 December 2015,

stated that Denmark was pursuing a peaceful settlement of the Israeli-Syrian conflict. It also

noted that the conflict contributed to the destabilization of the overall security situation in

the Middle East and thus had to be resolved.

9. On 8 December 2015, the Permanent Mission of the Syrian Arab Republic addressed

a note verbale to OHCHR condemning the continued occupation of the Syrian Golan by

Israel and referred to the practices of Israel in its “pursuit of perpetuating its occupation”, in

contravention of international law and relevant Security Council resolutions, in particular

Security Council resolution 497 (1981). According to the Syrian Arab Republic, Israel

continued to expand and build illegal settlements, explore and exploit natural resources,

including water, gas and oil resources by Israeli and foreign-owned companies, such as

Genie Energy and Afek, confiscate land owned by Syrians, and did not issue building

permits to Syrians. Moreover, the Permanent Mission of the Syrian Arab Republic noted

that Syrians in the occupied Syrian Golan continued to be subjected to deprivation of their

liberty, including “house arrests”, arbitrary arrests, ill-treatment, unlawful detention and

denial of family visits in Israeli prisons, as well as restrictions on their enjoyment of

economic, cultural and social rights, including the freedom of movement, the right to a

family life, the right to education and the right to a livelihood.

10. According to the Syrian Arab Republic, the freedom of movement was restricted for

Syrians residing in the occupied Syrian Golan because, if they visited the Syrian Arab

Republic, they were prohibited from returning to the occupied Syrian Golan. This had an

impact on their right to a family life as they were unable to travel and visit their families in

the Syrian Arab Republic. Their right to education was also restricted. For example,

students wishing to study in the Syrian Arab Republic were prevented from doing so, since

they would then be prohibited from returning to the occupied Syrian Golan.

11. The Permanent Mission of the Syrian Arab Republic emphasized the discriminatory

practices of Israel against Syrians in the occupied Syrian Golan. In this regard, it referred to

the Israel Land Administration refusing to issue permits to Syrians in the villages of Majdal

Chams and Mas’adah to build homes on their ancestral land. It further mentioned that the

confiscation of land had continued during the reporting period, with Israel expanding and

creating new settlements for Israelis. The Permanent Mission stated that 40 new housing

units had been created in the settlement of Nimrod and 10 acres of land granted for tourism.

The Permanent Mission of the Syrian Arab Republic also noted that Israel had approved the

disbursement of NIS 375 million to create 750 new farms in the occupied Syrian Golan in

the coming five years, adding that this would require the demining and irrigation of 30,000

acres.

12. The Permanent Mission of the Syrian Arab Republic stated that the rights of Syrians

to work and to a livelihood were restricted in the occupied Syrian Golan. In this respect, it

mentioned that, on 27 May 2015, the Israel Land Administration had prohibited Syrian

farmers in the occupied Syrian Golan from shepherding and restricted their access to land

for farming. According to the Permanent Mission of the Syrian Arab Republic, Syrian

residents had access to only 45,000 acres in the occupied Syrian Golan while Israeli settlers

had access to 350,000 acres for farming. It was also noted that the closing of the Quneitra

crossing had had an adverse effect on the price of apples owing to the increase in transport

and other costs imposed by the Israeli authorities on Syrian farmers; apples being the main

produce of these occupied villages. According to the Permanent Mission of the Syrian Arab

Republic, access by Syrians to employment was reduced as they were mainly performing

low-paid jobs, such as manual labour, cleaning, factory work, work on military

fortifications and construction work in Israeli settlements.

13. In its note verbale, the Permanent Mission of the Syrian Arab Republic claimed that

Israeli forces were supporting terrorist groups (including the Nusrah Front1) in the area of

separation, providing them with logistical support, including weapons and ammunition, and

facilitating their movement between the area of separation and the Syrian Arab Republic.

1 On 30 May 2013, the Nusrah Front was designated as a terrorist group by the Security Council in

accordance with resolution 1267 (1999). The Nusrah Front operates in the Syrian Arab Republic.

14. The Permanent Mission of the Syrian Arab Republic, in its note verbale, highlighted

that Israel had recently expanded its occupation by establishing a trench in the area of

Shahar, near Jabata al Khashab, of approximately four kilometres by 300 metres in the

Syrian Arab Republic.