Human Rights Council Concludes General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories, and Begins General Debate on the Vienna Declaration and Programme of Action

The Human Rights Council this morning concluded the general debate under agenda item seven on the human rights situation in Palestine and other occupied Arab territories, and began the general debate under agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action. 

The general debate on the human rights situation in Palestine and other occupied Arab territories began yesterday and a summary can be viewed here.

In the general debate, many speakers expressed the need to maintain agenda item seven as part of the Council's mandate, which served as a constant reminder of the long overdue fulfilment of the rights of the Palestinian people.  The High Commissioner’s report clearly showed that the expansion of settlements in the West Bank and East Jerusalem was causing discrimination and systematic violations of the human rights of Palestinians.  One speaker maintained that the continued systematic oppression of Palestinians through racist and discriminatory policies; denial of basic civil rights; imposition of harsh conditions; large-scale land confiscation; and inhumane acts committed by the occupying power, amounted to apartheid. 

Some speakers conveyed concern about the ineffectiveness of agenda item seven, which had a disproportionate, inequitable, and biased designation of one State and generated a significant cost upon the Council.  It was the only agenda item in which one country was singled out for condemnation and was a symbol of the unfair and biased treatment of the State of Israel entrenched in the United Nations system.  The Council was called on to eliminate agenda item seven promptly and uphold its mandate for the promotion and protection of human rights for all, without favouritism, politicisation and double standards. 

Speaking in the general debate were Côte d’Ivoire on behalf of the African Group, Venezuela on behalf of the Group of Friends, Azerbaijan on behalf of the Non-Aligned Movement, Algeria, Cuba, Luxembourg, Qatar, United Arab Emirates, Morocco, Malaysia, South Africa, Maldives,  Bangladesh, Pakistan on behalf of the Organization of Islamic Cooperation, Chile, Bolivia, China, Pakistan, Sudan, Mexico, Kuwait, Tunisia, Brunei Darussalam, Russian Federation, Ireland, Venezuela, Indonesia, Bahrain, Iraq, Zimbabwe, Djibouti, Oman, Türkiye, Jordan, Libya, Saudi Arabia, Mauritania, Namibia, Yemen, Nigeria, Lebanon, Sri Lanka, Iran, and Democratic People’s Republic of Korea.

Also speaking were Palestinian Initiative for the Promotion of Global Dialogue and Democracy, Medical Aid for Palestinians, Palestinian Centre for Human Rights, B'nai B'rith, Organization for Defending Victims of Violence, Human Rights and Democratic Participation Centre "SHAMS", Institute for NGO Research, Al-Haq Law in the Service of Man, Palestinian Return Centre Ltd., United Nations Watch, Women's Centre for Legal Aid and Counselling, Coordinating Board of Jewish Organizations, International Council Supporting Fair Trial and Human Rights, International Association of Jewish Lawyers and Jurists, BADIL Resource Centre for Palestinian Residency and Refugee Rights, World Jewish Congress, Defence for Children International, Ingenieurs du Monde, International Service for Human Rights, Amnesty International, Advocates for Human Rights, International Commission of Jurists, Mizaan Centre for Human Rights, and Association Ma'onah for Human Rights and Immigration.

The Council then began the general debate under agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action. 

Some speakers said the text of the Vienna Declaration and Programme of Action, which was marking its thirtieth anniversary this year, made the achievement of all human rights incumbent on States, including economic, social and cultural rights, including the right to development, treating them in a fair and equal manner, and with the same emphasis.  The Vienna Declaration and Programme of Action remained a landmark document for the promotion and protection of human rights, also due to its role in the establishment of the United Nations High Commissioner for Human Rights.  With its adoption, all States affirmed that human rights were universal, indivisible, interdependent and interrelated. 

Much had been achieved over the past 30 years, yet this was not the time for complacency or self-congratulatory statements.  The Human Rights Council, without doubt, needed to continue to fulfil its role in countering negative global trends and narratives.  States should develop and implement laws and policies that allowed the recognition of gender identity based on self-identification, and redouble efforts to prevent and respond to sexual and gender-based violence and discrimination, including against women in all their diversity.  To effectively implement the Vienna Declaration and Programme of Action, the international community should redouble its efforts to resolve longstanding international conflicts and disputes and address related human rights and humanitarian crises around the world.

Speaking in the general debate were Qatar on behalf of a group of Arab States, Sweden on behalf of European Union, Argentina on behalf of a group of countries, Côte d'Ivoire on behalf of a group of African States, Azerbaijan on behalf of the Non-Aligned Movement, Pakistan on behalf of the Organization of Islamic Cooperation, United Kingdom on behalf of a group of countries, Venezuela on behalf of a group of countries, China on behalf of a group of countries, Cuba, Lithuania, Luxembourg, Costa Rica, India, Nepal, South Africa, Sudan, Bangladesh, Georgia, Gambia, and Algeria. 

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.

The Council will reconvene this afternoon at 3 p.m. to continue the general debate under agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action, followed by a debate in commemoration of the International Day for the Elimination of Racial Discrimination on the theme of “The urgency of combatting racism and racial discrimination 75 years after the adoption of the Universal Declaration of Human Rights”.

General Debate Under Agenda Item Seven on the Human Rights Situation in Palestine and Other Occupied Arab Territories

The general debate under agenda item seven on the human rights situation in Palestine and other occupied Arab territories started in the previous meeting and a summary can be found here.

Many speakers thanked the High Commissioner for the report on Israeli settlements in the occupied Palestinian territory and the Syrian Golan.  Many expressed grave concern at the continuing Israeli settlements and related activities, including the expansion of settlements, the expropriation of land, the demolition of houses, and the confiscation and destruction of property, which changed the physical character and demographic composition of the occupied Palestinian territories and the occupied Syrian Golan.  Many speakers underlined that there was a high level of support for the need to maintain agenda item seven as part of the Council's mandate, which served as a constant reminder of the long overdue fulfilment of the rights of the Palestinian people.

The report clearly showed that the expansion of settlements in the West Bank and East Jerusalem was causing discrimination and systematic violations of the human rights of Palestinians.  Speakers noted that the settlements, confiscations, house demolitions, and forced displacement of Palestinians were illegal under international humanitarian law, including the Fourth Geneva Convention.  They jeopardised the viability of the two-State solution and contributed to fuelling the cycle of violence.  Settler violence had reached the highest level ever recorded by the United Nations in 2022 and the report showed that most of this violence was directly linked to the expansion of settlement outposts.  Speakers condemned the "legalisation" of settlement outposts in the West Bank, as well as all measures aimed at changing the demographic composition of the occupied Palestinian territory. 

It was noted that more than 90 Palestinian civilians had been killed since the beginning of 2023; home demolitions and evictions of families in occupied Jerusalem had increased, in addition to raids on the Al-Aqsa Mosque; and the unjust siege of the Gaza Strip, which had been ongoing for 16 years, continued.  The repeated violence and aggression against Palestinian civilians, including women and children, perpetuated over many years by the occupying power, was unacceptable.  One speaker maintained that the continued systematic oppression of Palestinians through racist and discriminatory policies, denial of basic civil rights, imposition of harsh conditions, large-scale land confiscation, and inhumane acts committed by the occupying power, amounted to apartheid.  It was outrageous that after more than seven decades, the Palestinian statehood was still being blatantly denied. 

Many speakers reiterated their unwavering support for the Palestinian people, for their self-determination, freedom, and independence, while condemning the flagrant and systematic violations of human rights and of international humanitarian law committed by Israel.  Speakers underscored the need to continue providing political, economic and humanitarian support to assist the Palestinian people and to bolster their resilience and efforts aimed at achieving their legitimate national aspirations, including their inalienable right to self-determination and freedom in their independent State of Palestine.  Speakers also reaffirmed support and solidarity with the Syrian just demand and right to restore its full sovereignty over the occupied Syrian Golan.

Some speakers conveyed concern about the ineffectiveness of agenda item seven, which had a disproportionate, inequitable, and biased designation of one State and generated a significant cost upon the Council.  It was the only agenda item in which one country was singled out for condemnation and was a symbol of the unfair and biased treatment of the State of Israel entrenched in the United Nations system.  One speaker noted that the mandates of the Special Rapporteur and the permanent Commission of Inquiry were both highly problematic, as they were conceived to investigate the actions of only one side, Israel, turning a blind eye to all the numerous failings of the other side, the Palestinians.  The Council was called on to eliminate agenda item seven promptly and uphold its mandate for the promotion and protection of human rights for all, without favouritism, politicisation and double standards.  The use of the death penalty within Palestine was cited as a concern; the State of Palestine was urged to cease the trying of civilian crimes in military tribunals and abolish the death penalty. 

Many speakers said they wanted a just, comprehensive and lasting solution to the conflict in the Middle East.  They fully supported the legitimate rights of the Palestinians for an independent State of Palestine, based on the two-State solution and the pre-1967 borders, with East Jerusalem as its capital.  Israel must immediately withdraw from the occupied Syrian Golan, up to the line of 4 June 1967.  The occupying power needed to be held responsible and accountable for all its wrongdoings, including its flagrant violations of international human rights law and international humanitarian law.  Speakers called on the international community to render its full support to Palestine, and endeavour for an advisory opinion from the International Court of Justice on the legal consequences of the Israeli occupation.  While generations of Palestinians had had to endure this oppression, it was time to give the younger generation a better future.  The Council needed to ensure accountability and justice for the Palestinians.

General Debate Under Agenda Item Eight on Follow-up to and Implementation of the Vienna Declaration and Programme of Action

Some speakers said the text of the Vienna Declaration and Programme of Action, which was celebrating its thirtieth anniversary this year, made the achievement of all human rights incumbent on States, including economic, social and cultural rights, including the right to development, treating them in a fair and equal manner, and with the same emphasis.  Human rights were ever more important in a world rife with phenomenon that should lead all to work to ensure that all rights were protected.  The Vienna Declaration and Programme of Action remained a landmark document for the promotion and protection of human rights, also due to its role in the establishment of the United Nations High Commissioner for Human Rights.  With its adoption, all States affirmed that human rights were universal, indivisible, interdependent and interrelated.

Much had been achieved over the past 30 years, yet this was not the time for complacency or self-congratulatory statements.  The Human Rights Council, without doubt, needed to continue to fulfil its role in countering negative global trends and narratives.  Civil society, including human rights defenders and journalists, continued to play the crucial role that was recognised in the Vienna Declaration and Programme of Action in promoting and protecting human rights: the Council needed to oppose ongoing attempts to shrink the space for civil society and defend their ability to freely communicate about human rights issues to all relevant stakeholders.  Any intimidation or reprisal against persons who cooperated with the United Nations human rights system, including the Council’s own mechanisms, were unacceptable.

Some speakers said each person’s self-defined gender identity was integral to their personality and a manifestation of self-identification, dignity and freedom, and thus legal recognition of the gender identity of transgender persons was key to their enjoyment of human rights.  The international community must ensure the respect, protection and fulfilment of all human rights of transgender persons and protect them from discrimination and violence, especially in relation to freedom from torture or other cruel, inhuman, or degrading treatment or punishment. 

Through the Vienna Declaration and Programme of Action, the international community committed to achieve full respect of the equal conditions and human rights of all women: all policies combatting this should be based on an intersectional approach, protecting women who were subjected to multiple forms of discrimination, including trans women.  States should develop and implement laws and policies that allowed the recognition of gender identity based on self-identification and redouble efforts to prevent and respond to sexual and gender-based violence and discrimination, including against women in all their diversity. 

It was high time to consider and re-assess the gaps in the existing implementation of the Vienna Declaration and Programme of Action.  Global human rights challenges endured - ongoing and protracted conflicts, terrorism, unilateral coercive measures, inequality, poverty, and racial and other forms of discrimination were still on the rise around the world.  Despite being unanimously recognised as a separate human right in the Vienna Declaration and Programme of Action by all States, the world saw highly divisive international discourse and attempts to misinterpret the concept of the right to development, including for taking advantage of the structural inequalities emerging on global economic markets. Therefore, there was a need to reinvigorate the implementation of the right to development as an inalienable human right.  In order to effectively implement the Vienna Declaration and Programme of Action, the international community should redouble its efforts to resolve long-standing international conflicts and disputes and address related human rights and humanitarian crises around the world.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/afternoon-human-rights-council-concludes-general-debate-human

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