RES/28/27 Human rights situation in the Occupied Palestinian Territory, including East Jerusalem

GE.0/ 17 of 15 December 2006, 5-07586 (E)



Human Rights Council Twenty-eighth session

Agenda item 7

Human rights situation in Palestine and other

occupied Arab territories

Resolution adopted by the Human Rights Council

28/27. Human rights situation in the Occupied Palestinian

Territory, including East Jerusalem

The Human Rights Council,

Recalling the Universal Declaration of Human Rights, the International Covenant on

Civil and Political Rights, the International Covenant on Economic, Social and Cultural

Rights, the Convention on the Rights of the Child and the Optional Protocol thereto on the

involvement of children in armed conflict, the Convention on the Elimination of All Forms

of Discrimination against Women, the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment and the International Convention on the

Elimination of All Forms of Racial Discrimination, and affirming that these human rights

instruments, among others, are applicable to and must be respected in the Occupied

Palestinian Territory, including East Jerusalem,

Recalling also relevant resolutions of the Human Rights Council,

Taking note of the recent reports of the Special Rapporteur on the situation of human

rights in the Palestinian territories occupied since 1967, and of other relevant recent reports

of the Human Rights Council,

Noting the recent accession by Palestine to several human rights treaties and the core

humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute of

the International Criminal Court,

Deploring Israel’s recurrent practice of withholding Palestinian tax revenues,

Aware of the responsibility of the international community to promote human rights

and to ensure respect for international law,

Recalling the advisory opinion rendered on 9 July 2004 by the International Court of

Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-

Noting in particular the Court’s reply, including that the construction of the wall

being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including

in and around East Jerusalem, and its associated regime are contrary to international law,

Reaffirming the principle of the inadmissibility of the acquisition of territory by

force, and deeply concerned at the fragmentation of the Occupied Palestinian Territory,

including East Jerusalem, through the construction of settlements, settler roads, the wall and

other measures that are tantamount to de facto annexation of Palestinian land,

Emphasizing the applicability of the Geneva Convention relative to the Protection of

Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,

including East Jerusalem, and reaffirming the obligation of the States parties to the Fourth

Geneva Convention under articles 146, 147 and 148 with regard to penal sanctions, grave

breaches and responsibilities of the High Contracting Parties,

Reaffirming that all States have the right and the duty to take actions in conformity

with international human rights law and international humanitarian law to counter deadly

acts of violence against their civilian population in order to protect the lives of their

citizens,

Stressing the need for full compliance with the Israeli-Palestinian agreements

reached within the context of the Middle East peace process, including the Sharm el-Sheikh

understandings, and the implementation of the Quartet road map to a permanent two-State

solution to the Israeli-Palestinian conflict,

Stressing the importance of accountability in preventing future conflicts and

ensuring that there is no impunity for violations and abuses, thereby contributing to peace

efforts and avoiding the recurrence of violations of international law, including

international humanitarian law and international human rights law,

Expressing grave concern at the continuing systematic violation of the human rights

of the Palestinian people by Israel, the occupying Power, including that arising from the

excessive use of force and military operations causing death and injury to Palestinian

civilians, including children and women, to non-violent, peaceful demonstrators and to

journalists, including through the use of live ammunition; the use of collective punishment;

the closure of areas; the confiscation of land; the establishment and expansion of

settlements; the construction of a wall in the Occupied Palestinian Territory in departure

from the Armistice Line of 1949; the policies and practices that discriminate against and

disproportionately affect the Palestinian population in the Occupied Palestinian Territory,

including East Jerusalem; the discriminatory allocation of water resources between Israeli

settlers who reside illegally in the Occupied Palestinian Territory, and the Palestinian

population of the said Territory; the violation of the basic right to adequate housing, which

is a component of the right to an adequate standard of living; the destruction of property

and infrastructure; and all other actions by it designed to change the legal status,

geographical nature and demographic composition of the Occupied Palestinian Territory,

including East Jerusalem,

Deploring the conflict in and around the Gaza Strip in July and August 2014 and the

civilian casualties caused, including the killing and injury of thousands of Palestinian

civilians, including children, women and elderly persons, the widespread destruction of

thousands of homes and of civilian infrastructure, including schools, hospitals, water

sanitation and electricity networks, economic, industrial and agricultural properties, public

institutions, religious sites and United Nations schools and facilities, the internal

displacement of hundreds of thousands of civilians, and any violations of international law,

including humanitarian and human rights law, in this regard,

Gravely concerned in particular about the disastrous humanitarian situation and the

critical socioeconomic and security situations in the Gaza Strip, including that resulting

from the prolonged continuous closures and severe economic and movement restrictions

that in effect amount to a blockade, and from the continuing and vastly negative

repercussions of the military operations between December 2008 and January 2009, in

November 2012 and in July and August 2014, as well as about the firing of rockets into

Israel,

Stressing that the situation in the Gaza Strip is unsustainable and that a durable

ceasefire agreement must lead to a fundamental improvement in the living conditions of the

Palestinian people in the Gaza Strip, including through the sustained and regular opening of

crossing points, and ensure the safety and well-being of civilians on both sides,

Affirming the need to support the Palestinian national consensus government in its

assumption of full government responsibilities in both the West Bank and the Gaza Strip, in

all fields, and through its presence at Gaza crossing points,

Expressing deep concern at the short- and long-term detrimental impact of such

widespread destruction and the continued impediments to the reconstruction process on the

human rights situation and on the socioeconomic and humanitarian conditions of the

Palestinian civilian population, compounded by the fact that only about 5 per cent of

pledged donations for reconstruction have reached the Gaza Strip, and calling upon the

international community to step up its efforts in order to provide the Gaza Strip with the

assistance that it requires,

Stressing the need to end immediately the closure of the Gaza Strip and for the full

implementation of the Agreement on Movement and Access and the Agreed Principles for

the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of

the Palestinian civilian population within and into and out of the Gaza Strip, taking into

account Israeli concerns,

Stressing the need also for all parties, in conformity with the relevant provisions of

international humanitarian law, to cooperate fully with the United Nations and other

humanitarian agencies and organizations and to ensure the safe and unhindered access of

humanitarian personnel, and the delivery of supplies and equipment, in order to allow such

personnel to perform efficiently their task of assisting affected civilian populations,

including refugees and internally displaced persons,

Expressing deep concern at the Israeli policy of closures and the imposition of

severe restrictions and checkpoints, several of which have been transformed into structures

akin to permanent border crossings, other physical obstacles and a permit regime, which are

applied in a discriminatory manner affecting the Palestinian population only, and all of

which obstruct the freedom of movement of persons and goods, including medical and

humanitarian goods, throughout the Occupied Palestinian Territory, including East

Jerusalem, and impair the Territory’s contiguity, and deeply concerned also at the

consequent violation of the human rights of the Palestinian people and the negative impact

on their socioeconomic situation and the efforts aimed at rehabilitating and developing the

Palestinian economy,

Deploring all policies and practices whereby Israeli settlers who reside illegally in

the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential

treatment over the Palestinian population in terms of access to roads, infrastructure, land,

property, housing, natural resources and judicial mechanisms, resulting in widespread

human rights violations of Palestinians,

Emphasizing that the destruction of property and the forced displacement of

Palestinian communities in the Occupied Palestinian Territory, including East Jerusalem,

constitute, in all but the most limited cases as specified under international law, violations

of the prohibitions on destruction of property and forcible transfer, respectively under

articles 53 and 49 of the Fourth Geneva Convention,

Deeply concerned at reports of the hampering and destruction of humanitarian

assistance by Israel, contributing to a coercive environment that can lead to the forcible

transfer of Palestinian civilians in the Occupied Palestinian Territory,

Expressing deep concern that thousands of Palestinians, including many children

and women and elected members of the Palestinian Legislative Council, continue to be

detained and held in Israeli prisons or detention centres under harsh conditions, including

unhygienic conditions, solitary confinement, lack of proper medical care, denial of family

visits and denial of due process, that impair their well-being, and expressing deep concern

also about the ill-treatment and harassment of any Palestinian prisoner and all reports of

torture,

Expressing concern about the possible consequences of the enactment by Israel, the

occupying Power, of military orders regarding the detention, imprisonment and deportation

of Palestinian civilians from the Occupied Palestinian Territory, including East Jerusalem,

and recalling in this regard the prohibition under international humanitarian law of the

deportation of civilians from occupied territories,

Convinced of the need for an international presence to monitor the situation, to

contribute to ending the violence and protecting the Palestinian civilian population and to

help the parties to implement the agreements reached, and in this regard recalling the

positive contribution of the Temporary International Presence in Hebron,

Recognizing the continued efforts and tangible progress made in the Palestinian

security sector, noting the continued cooperation that benefits both Palestinians and Israelis,

in particular by promoting security and building confidence, and expressing the hope that

such progress will be extended to all major population centres,

Emphasizing the right of all people in the region to the enjoyment of human rights as

enshrined in the International Covenants on Human Rights,

1. Stresses the need for Israel, the occupying Power, to withdraw from the

Palestinian territory occupied since 1967, including East Jerusalem, so as to enable the

Palestinian people to exercise its universally recognized right to self-determination;

2. Reiterates that all measures and actions taken by Israel, the occupying Power,

in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant

provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time

of War, of 12 August 1949, and contrary to the relevant resolutions of the Security Council

are illegal and have no validity;

3. Demands that Israel, the occupying Power, comply fully with the provisions

of the Fourth Geneva Convention of 1949 and cease immediately all measures and actions

taken in violation and in breach of the Convention;

4. Also demands that Israel, the occupying Power, cease all practices and

actions that violate the human rights of the Palestinian people, and that it fully respect

human rights law and comply with its legal obligations in this regard, including in

accordance with relevant United Nations resolutions;

5. Reiterates the need for respect for the territorial unity, contiguity and

integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of

movement of persons and goods within the Palestinian territory, including movement into

and from East Jerusalem, into and from the Gaza Strip, between the West Bank and the

Gaza Strip, and to and from the outside world;

6. Stresses the need for the unhindered passage of ambulances at checkpoints,

especially in times of conflict;

7. Demands that Israel, the occupying Power, cease immediately its imposition

of prolonged closures and economic and movement restrictions, including those amounting

to a blockade on the Gaza Strip, which severely restricts the freedom of movement of

Palestinians within, into and out of Gaza and their access to basic utilities, housing,

education, work, health and an adequate standard of living via various measures, including

import and export restrictions, that have a direct impact on livelihoods, economic

sustainability and development throughout Gaza, and in this regard calls upon Israel to

implement fully the Agreement on Movement and Access and the Agreed Principles for the

Rafah Crossing in order to allow for the sustained and regular movement of persons and

goods and for the acceleration of long overdue reconstruction in the Gaza Strip;

8. Expresses grave concern at the confiscation and damage by Israel of fishing

nets in the Gaza Strip for which there is no discernible security justification;

9. Condemns all acts of violence, including all acts of terror, provocation,

incitement and destruction, especially the excessive use of force by the Israeli occupying

forces against Palestinian civilians, particularly in the Gaza Strip, where bombardment of

populated areas has caused extensive loss of life and a vast number of injuries, including

among thousands of children and women, massive damage and destruction to homes,

economic, industrial and agricultural properties, vital infrastructure, including water,

sanitation and electricity networks, religious sites and public institutions, including

hospitals and schools, and United Nations facilities, and agricultural lands, and large-scale

internal displacement of civilians, and the excessive use of force by the Israeli occupying

forces against Palestinian civilians in the context of peaceful protests in the West Bank;

10. Also condemns the firing of rockets against Israeli civilian areas resulting in

loss of life and injury;

11. Calls upon Israel to cease all violations of the right to education of

Palestinians, including those stemming from restrictions on movement and incidents of

harassment and attacks on school children and educational facilities by Israeli settlers and

as a result of Israeli military action;

12. Also calls upon Israel to end any harassment, intimidation and reprisals

against human rights defenders who peacefully advocate for the rights of Palestinians in the

Occupied Palestinian Territory, including by cooperating with United Nations human rights

bodies;

13. Expresses deep concern at the conditions of the Palestinian prisoners and

detainees, including minors, in Israeli jails and detention centres, demands that Israel, the

occupying Power, fully respect and abide by its international law obligations towards all

Palestinian prisoners and detainees in its custody, and also expresses its concern at the

continued extensive use of administrative detention, calls for a full implementation of the

agreement reached in May 2012 for a prompt and independent investigation into all cases

of death custody, and also calls upon Israel to release any Palestinian prisoner whose

detention is not in accordance with international law;

14. Calls upon Israel to explicitly prohibit torture, including psychological

torture and other cruel, inhuman or degrading treatment or punishment;

15. Demands that Israel cease its policy of transferring prisoners from the

Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations

under article 76 of the Fourth Geneva Convention;

16. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian

children is in line with the Convention on the Rights of the Child, including by refraining

from holding criminal proceedings against them in military courts that, by definition, fall

short of providing the necessary guarantees to ensure respect for their rights and that

infringe upon their right to non-discrimination;

17. Deplores Israel’s resumption of the policy of punitive home demolitions and

the ongoing policy of revoking the residency permits of Palestinians living in East

Jerusalem through various discriminatory laws, and the demolition of residential structures

and the forced eviction of Palestinian families, in violation of their basic right to adequate

housing and in violation of international humanitarian law;

18. Expresses concern at the Citizenship and Entry into Israel Law adopted by

the Knesset, which suspends the possibility, with certain rare exceptions, of family

reunification between Israeli citizens and persons residing in the Occupied Palestinian

Territory, including East Jerusalem, thus adversely affecting the lives of many families;

19. Demands that Israel, the occupying Power, cease all of its settlement

activities, the construction of the wall and any other measures aimed at altering the

character, status and demographic composition of the Occupied Palestinian Territory,

including in and around East Jerusalem, all of which have, inter alia, a grave and

detrimental impact on the human rights of the Palestinian people and the prospects for a

peaceful settlement;

20. Also demands that Israel, the occupying Power, comply with its legal

obligations under international law, as mentioned in the advisory opinion rendered on 9

July 2004 by the International Court of Justice and as demanded in General Assembly

resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it

immediately cease the construction of the wall in the Occupied Palestinian Territory,

including in and around East Jerusalem, dismantle forthwith the structure situated therein,

repeal or render ineffective all legislative and regulatory acts relating thereto, and make

reparation for all damage caused by the construction of the wall, which has had a grave

impact on the human rights and the socioeconomic living conditions of the Palestinian

people;

21. Calls upon Israel to immediately cease any demolitions or plans for

demolitions that would result in the forcible transfer or forced eviction of Palestinians,

particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the

South Hebron Hills, to facilitate the return of those Palestinian communities already

subjected to forcible transfer or eviction to their original dwellings and to ensure adequate

housing and legal security of tenure;

22. Urges Israel to ensure that water resource allocation in the Occupied

Palestinian Territory is not discriminatory and does not result in water shortages

disproportionately affecting the Palestinian population of the West Bank, and to take urgent

steps to facilitate the restoration of the water infrastructure of the West Bank, including in

the Jordan Valley, affected by the destruction of the wells of local civilians, roof water

tanks and other water and irrigation facilities under military and settler operation since

1967;

23. Deplores the illegal Israeli actions in occupied East Jerusalem, including

home demolitions, evictions of Palestinian residents, excavations in and around religious

and historic sites, and all other unilateral measures aimed at altering the character, status

and demographic composition of the city and of the territory as a whole;

24. Expresses grave concern at:

(a) The restrictions imposed by Israel that impede access of Christian and

Muslim worshippers to holy sites in the Occupied Palestinian Territory, including East

Jerusalem, and calls upon Israel to include guarantees for non-discrimination on grounds of

religion or belief as well as for the preservation and peaceful access to all religious sites;

(b) The increasing tensions in occupied East Jerusalem and the wider region,

including those stemming from attempts aimed at illegally changing the status quo of holy

sites;

25. Urges Member States to continue to provide emergency assistance to the

Palestinian people to alleviate the financial crisis and the dire socioeconomic and

humanitarian situation, particularly in the Gaza Strip;

26. Emphasizes the need to preserve and develop the Palestinian institutions and

infrastructure for the provision of vital public services to the Palestinian civilian population

and the promotion of human rights, including civil, political, economic, social and cultural

rights;

27. Deplores the persistent non-cooperation of Israel with special procedures

mandate holders and other United Nations mechanisms, and stresses the need for Israel to

abide by all relevant United Nations resolutions and to cooperate with the Human Rights

Council, all special procedures and the Office of the United Nations High Commissioner

for Human Rights;

28. Requests the Office of the High Commissioner to strengthen further the

presence of its office in the Occupied Palestinian Territory by, inter alia, deploying the

necessary personnel and expertise;

29. Requests the Secretary-General to report on the implementation of the present

resolution to the Human Rights Council at its thirty-first session;

30. Decides to remain seized of the matter.

57th meeting

27 March 2015

[Adopted by a recorded vote of 43 to 1, with 3 abstentions. The voting was as follows:

In favour:

Albania, Algeria, Argentina, Bangladesh, Bolivia (Plurinational State of),

Brazil, China, Congo, Côte d’Ivoire, Cuba, El Salvador, Estonia, Ethiopia,

France, Gabon, Germany, Ghana, * India, Indonesia, Ireland, Japan,

Kazakhstan, Kenya, Latvia, Maldives, Mexico, Montenegro, Morocco,

Namibia, Netherlands, Nigeria, Pakistan, Portugal, Qatar, Republic of Korea,

Russian Federation, Saudi Arabia, Sierra Leone, South Africa, United Arab

Emirates, United Kingdom of Great Britain and Northern Ireland, Venezuela

(Bolivarian Republic of), Viet Nam

Against:

United States of America

Abstaining:

Botswana, Paraguay, the former Yugoslav Republic of Macedonia]

* The delegation of Ghana subsequently stated that there had been an error in its voting and that it had

intended to abstain.