S-21/2 Report of the Human Rights Council on its twenty-first special session
Document Type: Final Report
Date: 2014 Sep
Session: 21st Special Session (2014 Jul)
Agenda Item:
GE.14-15989 (E)
Human Rights Council Twenty-first special session
23 July 2014
Report of the Human Rights Council on its twenty-first special session
Vice-President and Rapporteur: Ms. Kateřina Sequensová (Czech Republic)
United Nations A/HRC/S-21/2
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Contents
Paragraphs Page
I. Resolution adopted by the Human Rights Council at its twenty-first
special session .................................................................................................................................. 3
II. Organization of work of the twenty-first special session ........................................ 1–30 7
A. Opening and duration of the session ............................................................... 8–9 7
B. Attendance ...................................................................................................... 10 7
C. Officers ........................................................................................................... 11 8
D. Organization of work ...................................................................................... 12–14 8
E. Resolution and documentation ........................................................................ 15–16 8
F. Statements ....................................................................................................... 17–24 8
G. Action on the draft proposal ........................................................................... 25–30 10
III. Report of the Human Rights Council on its twenty-first special session ................ 31 10
Annex
List of documents issued for the twenty-first special session
of the Human Rights Council ........................................................................................................... 11
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I. Resolution adopted by the Human Rights Council at its twenty-first special session
S-21/1.
Ensuring respect for international law in the Occupied
Palestinian Territory, including East Jerusalem
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations and the
Universal Declaration of Human Rights,
Recalling General Assembly resolution 60/251 of 15 March 2006 and Human Rights
Council resolutions 5/1 and 5/2 of 18 June 2007,
Reaffirming the right to self-determination of the Palestinian people and the
inadmissibility of the acquisition of land by the use of force, as enshrined in the Charter,
Affirming the applicability of international human rights law and international
humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian
Persons in Time of War, of 12 August 1949, 1 to the Occupied Palestinian Territory,
including East Jerusalem,
Reaffirming that all High Contracting Parties to the Fourth Geneva Convention 1 are
under the obligation to respect and ensure respect for the obligations arising from the said
Convention in relation to the Occupied Palestinian Territory, including East Jerusalem, and
reaffirming their obligations under articles 146, 147 and 148 with regard to penal sanctions,
grave breaches and the responsibilities of the High Contracting Parties,
Gravely concerned at the lack of implementation of the recommendations contained
in the report of the United Nations Fact-Finding Mission on the Gaza Conflict of 2009, 2 and
convinced that lack of accountability for violations of international law reinforces a culture
of impunity, leading to a recurrence of violations and seriously endangering the
maintenance of international peace,
Noting that 9 July 2014 marked the tenth anniversary of the adoption of the advisory
opinion by the International Court of Justice on the legal consequences of the construction
of a wall in the Occupied Palestinian Territory and that no progress has been made on its
implementation, and affirming the urgent need to respect and ensure respect for
international humanitarian law and international human rights law in this regard,
Firmly convinced that justice and respect for the rule of law are the indispensable
bases for peace, and stressing that prevailing long-standing and systemic impunity for
international law violations has created a justice crisis in the Occupied Palestinian Territory
that warrants action, including accountability for international crimes,
Noting the systematic failure by Israel to carry out genuine investigations in an
impartial, independent, prompt and effective way, as required by international law, on
violence and offences carried out against Palestinians by the occupying forces and settlers
and to establish judicial accountability over its military actions in the Occupied Palestinian
Territory, including East Jerusalem,
1 United Nations, Treaty Series, vol. 75, No. 973.
2 A/HRC/12/48.
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Emphasizing the obligations of Israel as the occupying Power to ensure the welfare
and safety of the Palestinian civilian population under its occupation in the West Bank,
including East Jerusalem, and in the Gaza Strip, and noting Israel’s wilful abdication and
rejection of its obligations in this regard,
Noting that the deliberate targeting of civilians and other protected persons and the
perpetration of systematic, flagrant and widespread violations of applicable international
humanitarian law and international human rights law in situations of armed conflict
constitute grave breaches and a threat to international peace and security,
Deploring the massive Israeli military operations in the Occupied Palestinian
Territory, including East Jerusalem, since 13 June 2014, which have involved
disproportionate and indiscriminate attacks and resulted in grave violations of the human
rights of the Palestinian civilian population, including through the most recent Israeli
military assault on the occupied Gaza Strip, the latest in a series of military aggressions by
Israel, and actions of mass closure, mass arrest and the killing of civilians in the occupied
West Bank,
Expressing grave concern at the critical humanitarian situation in the Gaza Strip,
including in particular the forced displacement of tens of thousands of Palestinian civilians,
the crisis in access to adequate water and sanitation services affecting nearly 1 million
people, and the extensive damage to electricity infrastructure resulting in 80 per cent of the
population receiving electricity only four hours a day, and underlining the importance of
providing emergency humanitarian assistance to them and other victims,
Welcoming the establishment of the Palestinian national consensus Government on
2 July 20143 as an important step towards Palestinian reconciliation, which is crucial for
achieving a two-State solution based on the pre-1967 borders and lasting peace, and
emphasizing that the situation of the occupied Gaza Strip is unsustainable as long as it
remains geographically, politically and economically separated from the West Bank,
1. Strongly condemns the failure of Israel, the occupying Power, to end its
prolonged occupation of the Occupied Palestinian Territory, including East Jerusalem, in
accordance with international law and relevant United Nations resolutions;
2. Condemns in the strongest terms the widespread, systematic and gross
violations of international human rights and fundamental freedoms arising from the Israeli
military operations carried out in the Occupied Palestinian Territory since 13 June 2014,
particularly the latest Israeli military assault on the occupied Gaza Strip, by air, land and
sea, which has involved disproportionate and indiscriminate attacks, including aerial
bombardment of civilian areas, the targeting of civilians and civilian properties in collective
punishment contrary to international law, and other actions, including the targeting of
medical and humanitarian personnel, that may amount to international crimes, directly
resulting in the killing of more than 650 Palestinians, most of them civilians and more than
170 of whom are children, the injury of more than 4,000 people and the wanton destruction
of homes, vital infrastructure and public properties;
3. Condemns all violence against civilians wherever it occurs, including the
killing of two Israeli civilians as a result of rocket fire, and urges all parties concerned to
respect their obligations under international humanitarian law and international human
rights law;
4. Calls for an immediate cessation of Israeli military assaults throughout the
Occupied Palestinian Territory, including East Jerusalem, and an end to attacks against all
civilians, including Israeli civilians;
3 This should read “2 June 2014”.
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5. Welcomes the initiative of Egypt, supported by the League of Arab States,
and calls for all regional and international actors to support this initiative in view of
securing a comprehensive ceasefire;
6. Demands that Israel, the occupying Power, immediately and fully end its
illegal closure of the occupied Gaza Strip, which in itself amounts to collective punishment
of the Palestinian civilian population, including through the immediate, sustained and
unconditional opening of the crossings for the flow of humanitarian aid, commercial goods
and persons to and from the Gaza Strip, in compliance with its obligations under
international humanitarian law;
7. Calls upon the international community, including the States Members of the
United Nations, international financial institutions and intergovernmental and non-
governmental organizations, as well as regional and interregional organizations, to provide
urgently needed humanitarian assistance and services to the Palestinian people in the Gaza
Strip, including by supporting the emergency appeal launched by the United Nations Relief
and Works Agency for Palestine Refugees in the Near East on 17 July 2014;
8. Expresses grave concern at the rising number of incidents of violence,
destruction, harassment, provocation and incitement by extremist Israeli settlers illegally
transferred to the Occupied Palestinian Territory, including East Jerusalem, against
Palestinian civilians, including children, and their properties, and condemns in the strongest
terms the resulting perpetration of hate crimes;
9. Expresses deep concern at the condition of Palestinian prisoners and
detainees in Israeli jails and detention centres, in particular following the arrest by Israel of
more than 1,000 Palestinians since 13 June 2014, and calls upon Israel, the occupying
Power, to immediately release all Palestinian prisoners whose detention is not in
accordance with international law, including all children and all members of the Palestinian
Legislative Council;
10. Underlines the importance of ensuring the protection of all civilians,
emphasizes the continued failure of Israel to protect the Palestinian civilian population
under its occupation as demanded by international law, and in this context calls for
immediate international protection for the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem, in accordance with the relevant provisions of the
Charter of the United Nations, international humanitarian law and international human
rights law;
11. Recommends that the Government of Switzerland, in its capacity as
depositary of the Fourth Geneva Convention, 1 promptly reconvene the conference of High
Contracting Parties to the Convention on measures to enforce the Convention in the
Occupied Palestinian Territory, including East Jerusalem, and to ensure its respect in
accordance with article 1 common to the four Geneva Conventions, 4 bearing in mind the
statement adopted by the Conference of the High Contracting Parties on 15 July 1999, and
the Declaration adopted by the Conference on 5 December 2001;
12. Requests all relevant special procedures mandate holders to urgently seek and
gather information on all human rights violations in the Occupied Palestinian Territory,
including East Jerusalem, according to their respective mandates, and to include their
observations in their annual reports to the Human Rights Council;
13. Decides to urgently dispatch an independent, international commission of
inquiry, to be appointed by the President of the Human Rights Council, to investigate all
violations of international humanitarian law and international human rights law in the
4 United Nations, Treaty Series, vol. 75, Nos. 970-973.
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Occupied Palestinian Territory, including East Jerusalem, particularly in the occupied Gaza
Strip, in the context of the military operations conducted since 13 June 2014, whether
before, during or after, to establish the facts and circumstances of such violations and of the
crimes perpetrated and to identify those responsible, to make recommendations, in
particular on accountability measures, all with a view to avoiding and ending impunity and
ensuring that those responsible are held accountable, and on ways and means to protect
civilians against any further assaults, and to report to the Council at its twenty-eighth
session;
14. Requests the cooperation, as appropriate, of other relevant United Nations
bodies with the commission of inquiry to carry out its mission, and requests the assistance
of the Secretary-General and the United Nations High Commissioner for Human Rights in
this regard, including in the provision of all administrative, technical and logistical
assistance required to enable the commission of inquiry and special procedures mandate
holders to fulfil their mandates promptly and efficiently;
15. Requests the High Commissioner to report on the implementation of the
present resolution, including on measures taken with regard to ensuring accountability for
the serious violations of international humanitarian law and human rights in the Occupied
Palestinian Territory, including East Jerusalem, to the Human Rights Council at its twenty-
seventh session;
16. Decides to remain seized of the matter.
2nd meeting
23 July 2014
[Adopted by a recorded vote of 29 to 1, with 17 abstentions. The voting was as follows:
In favour:
Algeria, Argentina, Brazil, Chile, China, Congo, Costa Rica, Côte d’Ivoire,
Cuba, Ethiopia, India, Indonesia, Kazakhstan, Kenya, Kuwait, Maldives,
Mexico, Morocco, Namibia, Pakistan, Peru, Philippines, Russian Federation,
Saudi Arabia, Sierra Leone, South Africa, United Arab Emirates, Venezuela
(Bolivarian Republic of), Viet Nam.
Against:
United States of America.
Abstaining:
Austria, Benin, Botswana, Burkina Faso, Czech Republic, Estonia, France,
Gabon, Germany, Ireland, Italy, Japan, Montenegro, Republic of Korea,
Romania, the former Yugoslav Republic of Macedonia, United Kingdom of
Great Britain and Northern Ireland.]
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II. Organization of work of the twenty-first special session
1. Pursuant to paragraph 10 of General Assembly resolution 60/251, and in accordance
with rule 6 of the rules of procedure of the Human Rights Council as contained in the annex
to Council resolution 5/1, the Council shall hold special sessions, when needed, at the
request of a member of the Council with the support of one third of the membership of the
Council.
2. On 18 July 2014, the Permanent Representatives of Egypt (on behalf of the Group of
Arab States), the Islamic Republic of Iran (on behalf of the Non-Aligned Movement), the
Niger (on behalf of the Group of African States), Pakistan (on behalf of the Organization of
Islamic Cooperation) and the Permanent Observer of the State of Palestine to the United
Nations Office at Geneva, requested the convening of a special session of the Human
Rights Council on 23 July 2014 on the human rights situation in the Occupied Palestinian
Territory, including East Jerusalem.
3. The above-mentioned request was supported by 17 States Members of the Human
Rights Council: Algeria, Benin, Botswana, China, Cuba, Indonesia, Kazakhstan, Kuwait,
Maldives, Morocco, Pakistan, Peru, the Russian Federation, Saudi Arabia, South Africa, the
United Arab Emirates and Venezuela (Bolivarian Republic of). The request was also
supported by six observer States of the Council: Brunei Darussalam, Egypt, Iran (Islamic
Republic of), Malaysia, the State of Palestine and Turkey.
4. On the same day, Botswana withdrew its co-sponsorship of the above-mentioned
request. Ecuador signed the request.
5. As more than one third of the membership of the Human Rights Council supported
the above-mentioned request, the President of the Council, following consultations with the
main sponsors, decided to convene an open-ended informative consultation on 22 July 2014
and a special session of the Council on 23 July 2014.
6. On 21 July 2014, Benin notified the Secretariat of its decision to withdraw its co-
sponsorship of the request to convene the special session, while Burkina Faso signed the
above-mentioned request.
7. In addition, the request was also supported by the following Member and observer
States: Afghanistan, Argentina, Bahrain, Brazil, Chile, Djibouti, Gabon, Jordan, Lebanon,
Namibia, Qatar, Senegal, the Sudan, Tunisia, Uruguay, Viet Nam and Yemen.
A. Opening and duration of the session
8. The Human Rights Council held its twenty-first special session at the United
Nations Office at Geneva on 23 July 2014. It held two meetings during the session.
9. The twenty-first special session was opened by the President of the Human Rights
Council.
B. Attendance
10. The special session was attended by representatives of States Members of the
Human Rights Council, observer States of the Council, observers for non-Member States of
the United Nations and other observers, as well as observers for United Nations entities,
specialized agencies and related organizations, intergovernmental organizations and other
entities, national human rights institutions and non-governmental organizations.
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C. Officers
11. At its organizational session of the eighth cycle, on 16 December 2013, the Human
Rights Council elected the following officers, who also served as officers for the twenty-
first special session:
President: Baudelaire Ndong Ella (Gabon)
Vice-Presidents: Alberto D’Alotto (Argentina)
Maurizio Enrico Serra (Italy)
Dilip Sinha (India)
Vice-President and Rapporteur: Kateřina Sequensová (Czech Republic)
D. Organization of work
12. Pursuant to paragraph 124 of the annex to Human Rights Council resolution 5/1, an
open-ended informative consultation was held on 22 July 2014 in preparation for the
twenty-first special session.
13. At its 1st meeting, held on 23 July 2014, the Human Rights Council considered the
organization of its work, including speaking time limits, which would be three minutes for
statements by States Members of the Council and two minutes for statements by observer
States of the Council, observers for non-Member States of the Council and other observers.
The list of speakers would be drawn up in chronological order of registration. States
Members of the Council would be given the floor first, followed by observer States and
observers for United Nations entities, specialized agencies and related organizations,
intergovernmental organizations and other entities, and observers of national human rights
institutions and non-governmental organizations.
14. The special session was conducted in accordance with the relevant provisions
contained in Human Rights Council resolution 5/1.
E. Resolution and documentation
15. The resolution adopted by the Human Rights Council at its twenty-first special
session is reproduced in chapter I of the present report.
16. The list of documents issued for the twenty-first special session is contained in
annex I to the present report.
F. Statements
17. At the 1st meeting, on 23 July 2014, the United Nations High Commissioner for
Human Rights made a statement.
18. At the same meeting, the Assistant Secretary-General for Humanitarian Affairs and
Deputy Emergency Relief Coordinator in the Office for the Coordination of Humanitarian
Affairs made a statement on behalf of the Emergency Relief Coordinator in the Office.
19. Also at the same meeting, the Acting Director of Legal Affairs of the United Nations
Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) made a
statement on behalf of the Commissioner-General of UNRWA.
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20. At the same meeting, the Special Rapporteur on the situation of human rights in the
Palestinian territories occupied since 1967 made a statement on behalf of the Coordination
Committee of the Special Procedures of the Human Rights Council.
21. Also at the same meeting, the representative of Israel and the Minister for Foreign
Affairs of the State of Palestine, Riad Malki, made statements as the States concerned.
22. At the same meeting, on the same day, statements were made by the following
States Members of the Human Rights Council: Algeria, Argentina, Austria, Brazil, Chile,
China, Costa Rica, Cuba, Egypt 5 (also on behalf of the Group of Arab States), Ethiopia (on
behalf of the Group of African States), France, Germany, India, Indonesia, Iran (Islamic
Republic of) 6 (also on behalf of the Non-Aligned Movement), Ireland, Italy (on behalf of
the European Union, Albania, Iceland, Liechtenstein, Montenegro, the Republic of
Moldova, Serbia and the former Yugoslav Republic of Macedonia), Japan, Kuwait,
Maldives, Mexico, Morocco, Pakistan (also on behalf of the Organization of Islamic
Cooperation), Peru, the Philippines, the Republic of Korea, the Russian Federation, Saudi
Arabia, South Africa, the United Arab Emirates, the United Kingdom of Great Britain and
Northern Ireland, the United States of America, Venezuela (Bolivarian Republic of) and
Viet Nam.
23. At the same meeting, statements were made by the following observer States of the
Human Rights Council: Qatar and Turkey.
24. At the 2nd meeting, on the same day, statements were made by the following:
(a) Observer States of the Human Rights Council: Afghanistan, Angola,
Australia, Bahrain, Bangladesh, Bolivia (Plurinational State of), Canada, Chad, the
Democratic People’s Republic of Korea, Denmark, Djibouti, Ecuador, Guinea, Iceland,
Iraq, Jordan, Lebanon, Libya, Malaysia, Malta, Mauritania, Mauritius, New Zealand, the
Niger, Norway, Oman, Portugal, Spain, Sri Lanka, the Sudan, Switzerland, the Syrian Arab
Republic, Thailand, Tunisia, Uruguay;
(b) Observer for the Holy See;
(c) Observer for United Nations entities, specialized agencies and related
organizations: United Nations Children’s Fund;
(d) Observers for intergovernmental organizations: African Union, Organization
of Islamic Cooperation;
(e) Observer for a national human rights institution: Independent Commission
for Human Rights of Palestine;
(f) Observers for non-governmental organizations: Action contre la faim; Al
Mezan Centre for Human Rights; Al-Haq, Law in the Service of Man; Amnesty
International; Amuta for NGO Responsibility; BADIL Resource Center for Palestinian
Residency and Refugee Rights; Cairo Institute for Human Rights Studies; Caritas
Internationalis (International Confederation of Catholic Charities) (also on behalf of
Dominicans for Justice and Peace — Order of Preachers); CIVICUS — World Alliance for
Citizen Participation; Coordinating Board of Jewish Organizations (also on behalf of B’nai
B’rith); Defence for Children International; European Union of Jewish Students; General
Arab Women Federation (also on behalf of International Organization for the Elimination
of All Forms of Racial Discrimination); Human Rights Watch; International Association of
Jewish Lawyers and Jurists; International Commission of Jurists; International Federation
for Human Rights Leagues; International Institute for Peace, Justice and Human-Rights
5 Observer of the Human Rights Council speaking on behalf of Member and observer States.
6 Observer of the Human Rights Council speaking on behalf of Member and observer States.
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IIPJHR; Maarij Foundation for Peace and Development; Norwegian Refugee Council;
Rencontre Africaine pour la défense des droits de l’homme; Save the Children
International; United Nations Watch; Union of Arab Jurists; World Jewish Congress.
G. Action on the draft proposal
25. At the 2nd meeting, on 23 July 2014, the representative of Pakistan, on behalf of the
Organization of Islamic Cooperation, introduced draft resolution A/HRC/S-21/L.1, as
orally revised, sponsored by the State of Palestine and co-sponsored by Afghanistan,
Algeria, Cuba, Djibouti, Egypt (on behalf of the Group of Arab States), Indonesia,
Maldives, Morocco, Pakistan (on behalf of the Organization of Islamic Cooperation), Saudi
Arabia and Venezuela (Bolivarian Republic of). Subsequently, Bolivia (Plurinational State
of), Ecuador, Namibia, Nicaragua and South Africa joined the sponsors.
26. At the same meeting, the Permanent Representative of Israel and the Permanent
Observer of the State of Palestine made statements as the States concerned.
27. Also at the same meeting, in accordance with rule 153 of the rules of procedure of
the General Assembly, the attention of the Human Rights Council was drawn to the
estimated administrative and programme budget implications of the draft resolution as
orally revised. The Chief of the Programme Support and Management Services of the
Office of the United Nations High Commissioner for Human Rights made a statement in
relation to the budgetary implications of the draft resolution as orally revised.
28. At the same meeting, the representatives of Brazil, Italy (on behalf of States
members of the European Union that are members of the Council), Peru and the United
States of America made statements in explanation of vote before the vote.
29. Also at the same meeting, at the request of the representative of the United States of
America, a recorded vote was taken on the draft resolution as orally revised. The draft
resolution as orally revised was adopted by 29 votes in favour, 1 against, with 17
abstentions. For the text of the adopted resolution S-21/1 and voting results, see chapter I.
30. At the same meeting, the representative of Gabon made general comments and the
representatives of Chile and Japan made statements in explanation of vote after the vote.
III. Report of the Human Rights Council on its twenty-first special session
31. At the 2nd meeting, held on 23 July 2014, the report was adopted ad referendum and
the Rapporteur was entrusted with its finalization.
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Annex
List of documents issued for the twenty-first special session of the Human Rights Council
In the general series
A/HRC/S-21/1 Letter dated 18 July 2014 from the coordinators of the Group of
Arab States, the Group of African States, the Organization of
Islamic Cooperation, the Movement of Non-Aligned Countries
and the State of Palestine addressed to the President of the
Human Rights Council
A/HRC/S-21/2 Report of the Human Rights Council on its twenty-first special
session
In the limited series
A/HRC/S-21/L.1 Ensuring respect for international law in the Occupied
Palestinian Territory, including East Jerusalem
In the Government series
A/HRC/S-21/G/1 Letter dated 28 July 2014 from the Permanent Representative of
Israel to the United Nations Office and other international
organizations in Geneva addressed to the President of the Human
Rights Council
In the non-governmental series
A/HRC/S-21/NGO/1 Written statement submitted by the International Commission of
Jurists, a non-governmental organization in special consultative
status
A/HRC/S-21/NGO/2 Exposición conjunta escrita presentada por la Asociación Cubana
de las Naciones Unidas (Special); the National Union of Jurists
of Cuba, Movimiento Cubano por la Paz y la Soberania de los
Pueblos; Latin American and Caribbean Continental
Organization of Students, National Association of Cuban
Economists; Federation of Cuban Women; Centro de Estudios
Sobre la Juventud; Organization for the Solidarity of the Peoples
of Asia, Africa and Latin America, organizaciónes no
gubernamentales reconocidas como entidades consultivas
especiales
A/HRC/S-21/NGO/3 Written statement submitted by the Al Mezan Centre for Human
Rights, a non-governmental organization in special consultative
status
A/HRC/S-21/NGO/4 Joint written statement submitted by the Defence for Children
International, Terre Des Hommes Federation Internationale and
the World Vision International, non-governmental organizations
in special consultative status
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A/HRC/S-21/NGO/5 Written statement submitted by the International Youth and
Student Movement for the United Nations, a non-governmental
organization in general consultative status
A/HRC/S-21/NGO/6 Written statement submitted by the Action contre la faim, a non-
governmental organization in special consultative status
A/HRC/S-21/NGO/7 Written statement submitted by the International Association of
Democratic Lawyers, a non-governmental organization in special
consultative status
A/HRC/S-21/NGO/8 Written statement submitted by the Khiam Rehabilitation Center
for Victims of Torture, a non-governmental organization in
special consultative status
A/HRC/S-21/NGO/9 Joint written statement submitted by ADALAH - Legal Center
for Arab Minority Rights in Israel, the Arab Association for
Human Rights, non-governmental organizations in special
consultative status
A/HRC/S-21/NGO/10 Joint written statement submitted by the Union of Arab Jurists,
the General Arab Women Federation, the Indian Movement
“Tupaj Amaru”, non-governmental organizations in special
consultative status, the International Educational Development,
Inc., the World Peace Council, non-governmental organizations
on the roster