RES/S-12/1 The human rights situation in the Occupied Palestinian Territory, including East Jerusalem

GE.09-16807

UNITED NATIONS

A

General Assembly Distr. GENERAL

A/HRC/RES/S-12/1 21 October 2009

Original: ENGLISH

HUMAN RIGHTS COUNCIL Twelfth special session 15 – 16 October 2009

Resolution adopted by the Human Rights Council*

S-12/1. The human rights situation in the Occupied Palestinian Territory, including East Jerusalem

A

The Human Rights Council,

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

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

Affirming the responsibility of the international community to promote human rights and

ensure respect for international law,

Emphasizing the particularity of The Occupied East Jerusalem in its rich religious and

cultural heritage,

Recalling all relevant United Nations resolutions including Security Council resolutions on

Occupied East Jerusalem,

* The resolution and decision adopted by the Human Rights Council will be contained in the report of the Council on its twelfth special session (A/HRC/S-12/1), chap. I.

A/HRC/RES/S-12/1 page 2 Deeply concerned at the actions by Israel undermining the sanctity and inviolability of

religious sites in the Occupied Palestinian Territory including East Jerusalem,

Deeply concerned also at the policy of closure and severe restrictions of Israel, including

the permit regime, which continue to be imposed on the movement of Palestinians hindering

their free access to their Christian and Muslim holy sites, including Al- Aqsa Mosque,

1. Strongly condemns all policies and measures taken by Israel, the occupying Power,

including those limiting access of Palestinians to their properties and holy sites particularly in

Occupied East Jerusalem, on the basis of national origin, religion, sex, age or any other

discriminatory ground, which are in grave violation of the Palestinian People's civil, political,

economic, social and cultural rights;

2. Condemns further the recent violations of human rights by Israel in Occupied East

Jerusalem, particularly the confiscation of lands and properties, the demolishing of houses and

private properties, the construction and expansion of settlements, the continuous construction of

the separation Wall, changing the demographic and geographic character of East Jerusalem, the

restrictions on the freedom of movement of the Palestinian citizens of East Jerusalem, as well as

the continuous digging and excavation works in and around Al-Aqsa mosque and its vicinity;

3. Demands Israel, the occupying Power, to respect the religious and cultural rights in

the Occupied Palestinian Territory as provided for in the Universal Declaration of Human

Rights, the core international human rights instruments, the Hague Conventions, and the Geneva

Conventions, and to allow Palestinian citizens and worshippers unhindered access to their

properties and religious sites therein;

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

excavation works and activities beneath and around Al-Aqsa Mosque and its vicinity, and refrain

from any acts or operations that may endanger the structure or foundations or change the nature

of holy sites both Christian and Islamic in the Occupied Palestinian Territory, including East

Jerusalem;

5. Requests the United Nations High Commissioner for Human Rights, pursuant to

resolution S-9/1 of 12 January 2009 and in the context of her periodic reports, to monitor,

A/HRC/RES/S-12/1 page 3

document and report on the state of implementation by Israel, the occupying Power, of its human

rights obligations in and around East Jerusalem;

B

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations and the

Universal Declaration of Human Rights,

Considering that the promotion of respect for the obligations arising from the Charter and

other instruments and rules of international law is among the basic purposes and principles of the

United Nations,

Reaffirming the right of the Palestinian people to self-determination and the inadmissibility

of the acquisition of land by the use of force, as enshrined in the Charter of the United Nations,

Acknowledging that peace, security, development and human rights are the pillars of the

United Nations system,

Affirming the applicability of international human rights law and the international

humanitarian law, namely the Fourth Geneva Convention relative to the Protection of Civilian

Persons in Time of War, to the Occupied Palestinian Territory, including East Jerusalem,

Expressing serious concern at the lack of implementation by the occupying Power, Israel,

of previously adopted resolutions and recommendations of the Council relating to the human

rights situation in the Occupied Palestinian Territory, including East Jerusalem,

Recalling its resolution S-9/1 of 12 January 2009, in which the Council decided to dispatch

an urgent, independent international fact-finding mission, and its call upon the occupying Power,

Israel, not to obstruct the process of investigation and to fully cooperate with the mission,

Condemning all targeting of civilians and stressing the urgent need to ensure

accountability for all violations of international human rights law and international humanitarian

law to prevent further violations;

A/HRC/RES/S-12/1 page 4

1. Condemns the non-cooperation by the occupying Power, Israel, with the

independent international fact-finding mission;

2. Welcomes the report of the Independent International Fact-Finding Mission

(A/HRC/12/48);

3. Endorses the recommendations contained in the report of the Independent

International Fact-Finding Mission, and calls upon all concerned parties including United

Nations bodies, to ensure their implementation in accordance with their respective mandates;

4. Recommends that the General Assembly consider the report of the Independent

International Fact-Finding Mission, during the main part of its sixty-fourth session;

5. Requests the United Nations Secretary-General to submit to the Council, at its

thirteenth session, a report on the status of implementation of paragraph 3. above;

C

The Human Rights Council,

Emphasizing that international human rights law and international humanitarian law are

complementary and mutually reinforcing,

Recalling the obligations of the High Contracting Parties to the Fourth Geneva

Convention, and reaffirming that each High Contracting Party to the Fourth Geneva Convention

relative to the Protection of Civilian Persons in Time of War is under the obligation to respect

and ensure the respect for the obligations arising from that Convention,

Stressing that the right to life constitutes the most fundamental of all human rights,

Recognizing that the siege by Israel imposed on the occupied Gaza Strip, including its

closure of border crossings and the cutting of the supply of fuel, food and medicine, constitutes

collective punishment of Palestinian civilians and leads to disastrous humanitarian and

environmental consequences,

A/HRC/RES/S-12/1 page 5

1. Welcomes the first periodic report of the United Nations High Commissioner for

Human Rights on the implementation of the Human Rights Council resolution S-

9/1(A/HRC/12/37);

2. Endorses the recommendations contained in the first periodic report of the High

Commissioner, and calls upon all concerned parties including United Nations bodies to ensure

their implementation in accordance with their respective mandates;

3. Requests the High Commissioner for Human Rights to submit to the Council, at its

thirteenth session, a report on the status of implementation of this resolution;

4. Decides to follow up on the implementation of section A, section B and section C of

the present resolution at its thirteenth session.

2nd meeting 16 October 2009

[Adopted by a recorded vote of 25 to 6, with 11 abstentions. The voting was as follows:

In favour: Argentina, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Cuba, Djibouti, Egypt, Ghana, India, Indonesia, Jordan, Mauritius, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Zambia;

Against: Hungary, Italy, Netherlands, Slovakia, Ukraine, United States of America;

Abstaining: Belgium, Bosnia and Herzegovina, Burkina Faso, Cameroon, Gabon, Japan, Mexico, Norway, Republic of Korea, Slovenia, Uruguay.]