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Human Rights Council Hears that the Current Israeli Plan to Double the Settler Population in the Occupied Syrian Golan by 2027 is Unprecedented, and that 700,000 Israeli Settlers Are Living Illegally in the Occupied West Bank

28 March 2023

Council Adopts Universal Periodic Review Outcome of South Africa, Concludes General Debate on the Universal Periodic Review, and Starts General Debate on the Human Rights Situation in Palestine and Other Occupied Arab Territories

The Human Rights Council this afternoon heard the presentation of a report by the High Commissioner for Human Rights which stated that the current Israeli plan to double the settler population in the occupied Syrian Golan by 2027 was unprecedented, and that 700,000 Israeli settlers are living illegally in the occupied West Bank.

Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, presented the High Commissioner’s report on Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan, which analysed developments related to settlement advancement over the last decade. From 2012 to 2022, the population of Israeli settlers in the occupied West Bank, including East Jerusalem, had grown from 520,000 to over 700,000. These settlers lived illegally in 279 Israeli settlements across the occupied West Bank, including 14 settlements in the occupied East Jerusalem, with a total population of more than 229,000 people. At least 147 of these settlements were outposts, illegal even under Israeli domestic law.

Mr. Volkmann said the current Israeli plan to double the settler population on the Syrian Golan by 2027, and increase the number of Israeli settlements on the occupied Syrian Golan from 34 to 36 was unprecedented. The seizure of lands for Israeli settlements, military zones, nature reserves and commercial activities limited the Syrian’s population’s access to land and water, in violation of their rights to adequate housing, food and health.

Israel was not present to take the floor as a country concerned.

In the ensuing general debate under agenda item seven on the human rights situation in Palestine and other occupied Arab Territories, speakers supported the establishment of Palestine as an independent State with East Jerusalem as its capital, calling upon the international community to find a peaceful and just solution to the conflict, in line with the respect of the human rights of the Palestinian people. All policies resulting in the destruction of places of worship were condemned, in particular with regard to the Al-Aqsa mosque. Israel must cease its illegal settlement policy, which was a violation of international law and of international resolutions, including those of the Security Council.

Speaking in the general debate were Oman on behalf of the Gulf Cooperation Council, and Qatar on behalf of the Group of Arab States.

At the beginning of the meeting, the Council adopted the Universal Periodic Review outcome of South Africa.

The Vice President said out of the 293 recommendations received, 269 enjoyed the support of South Africa, and 23 were noted. Additional clarification was provided on one recommendation, indicating which part of the recommendation was supported and which part was noted.

Speaking on South Africa were Senegal, Sri Lanka, Syria, Tunisia, United Kingdom, United Nations Children's Fund, United Nations Human Settlements Programme, United Nations Population Fund, Tanzania, Venezuela, Yemen, Algeria, Sierra Leone, Benin, and Botswana.

Also speaking were International Lesbian and Gay Association, International Service for Human Rights, Edmund Rice International Limited, Action Canada for Population and Development, World Jewish Congress, Human Rights Watch, CIVICUS - World Alliance for Citizen Participation, Amnesty International, Rencontre Africaine pour la defense des droits de l'homme, and International Commission of Jurists.

The Council then concluded its general debate under agenda item six on the Universal Periodic Review.

Some speakers said the Universal Periodic Review was one of the key success stories of the Human Rights Council. The spirit of constructive engagement should continue to guide its future cycles, and the principles of impartiality, transparency, and even-handedness should continue. The Office of the High Commissioner for Human Rights should extend cooperation for the technical assistance provided through the Voluntary Trust Fund, at the request of the country concerned, both to facilitate participation in sessions and for the implementation of Universal Periodic Review outcomes. Countries should conduct sincere dialogue and cooperation during the process, and provide other countries with recommendations in line with their development level, to work together to further the human rights cause, in a non-selective and non-politicised manner.

Speaking in the general debate on the Universal Periodic Review were Pakistan on behalf of Organization of Islamic Conference, Belgium on behalf of a group of countries, Malaysia on behalf of the Association of Southeast Asian Nations, Trinidad and Tobago on behalf of a group of countries, United States, China, India, Malaysia, Maldives, Georgia, Gambia, Algeria, Malawi, Benin, Bolivia, Cuba, Lithuania, Venezuela, Tunisia, Tanzania, Indonesia, Bahrain, Iraq, Togo, Armenia, South Sudan, Libya, Lesotho, Azerbaijan, United Nations Human Settlements Programme, Kenya, and Iran.

Also speaking were UPR Info, Campagne Internationale pour l'Abolition des Armes Nucléaires, Khiam Rehabilitation Centre for Victims of Torture, Cairo Institute for Human Rights Studies, Stichting Global Human Rights Defence, Asociacion Cubana de las Naciones Unidas (Cuban United Nations Association), Instituto de Desenvolvimento e Direitos Humanos, Humanists International, International Bar Association, Justiça Global, Colombian Commission of Jurists, Amnesty International, International Council Supporting Fair Trial and Human Rights, Guinee Humanitaire, Organization for Defending Victims of Violence, and Centre for Gender Justice and Women Empowerment.

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 next meet at 10 a.m. on Wednesday, 29 March, when it will continue and conclude its general debate under agenda item seven on the human rights situation in Palestine and other occupied Arab Territories, followed by a general debate under agenda item eight on follow-up to and implementation of the Vienna Declaration and Programme of Action.

Consideration of Outcome of Universal Periodic Review of South Africa

Report

The Council has before it the Universal Periodic Review outcome report of South Africa.

Presentation

South Africa said it attached great importance to the Universal Periodic Review mechanism, and considered it the most comprehensive, inclusive, and participatory process of the Human Rights Council. It provided an opportunity for Member States to undertake a peer review process and engage in a constructive dialogue, sharing experiences and taking advice from fellow countries and interested parties; all to advance fundamental human rights and freedoms in the respective countries. South Africa was committed to engaging constructively with the Human Rights Council.

Another speaker said South Africa had received 293 recommendations from the Working Group, of these, 269 were supported and 23 were noted, with none rejected. Many of the recommendations spoke to the issue of the Prevention and Combatting of Hate Crimes and Hate Speech Bill, which had now been approved by the National Assembly. Between the third quarters of 2021 and 2022, around 1.5 million new jobs were created in the economy. The Presidential Employment Stimulus provided work and livelihood opportunities to more than one million people. To address the challenge of youth unemployment, the Employment Tax Incentive was expanded to encourage businesses to hire more young people in large numbers. Currently in South Africa, there were more than 25 million people who received some form of income support, with around two million households receiving free basic water, free basic electricity and free solid waste removal. South Africa would continue the Social Relief of Distress Grant, which currently reached around 7.8 million people.

Crimes against women and children remained a disturbing feature of the country’s national life. In November last year, the second Presidential Summit on Gender-Based Violence and Femicide was held to assess progress in the implementation of the National Strategic Plan, which was adopted as a comprehensive, effective and united response to this challenge. Since announcing a goal to direct at least 40 per cent of public procurement to women-owned businesses, South Africa sought to establish an enabling environment to support women entrepreneurs and had trained more than 3,400 women-owned enterprises to prepare them to take up procurement opportunities.

South African Human Rights Commission commended the Government for its participation in the fourth Universal Periodic Review process and noted the advances it had made since the last review. It was noted with appreciation that many of the recommendations made by the Commission were echoed in the report of the Working Group, particularly the recommendation on strengthening the Commission as a national human rights institution. The South African Government was called on to fully cooperate with the Commission to ensure all recommendations were implemented. The Commission also must be adequately funded so that it could undertake its work effectively.

Discussion

Some speakers commended the priority given by the South African Government to the promotion of the rights of migrant workers and the importance accorded to supporting the livelihoods of communities, particularly those of vulnerable groups. South Africa was encouraged to continue working towards upgrading post school education and training institutions in rural areas, including for students with disabilities. The fact that education remained the largest spending area in terms of the Government’s budget was commended. The efforts of the Government made towards securing universal and adequate sanitary water and drainage for all, in particular regarding access for women, was also commended.

Some speakers noted with concern that since its last review, the situation of lesbian, gay, bisexual, transgender, intersex and queer people and more especially trans and gender diverse people in South Africa had deteriorated, as trans and gender diverse people faced the most discrimination and hate crime violations, with a rising number of killings and hate crimes targeted at them. Trans and gender diverse people continued to face discrimination and marginalisation in all aspects, including access to services, unsafe working conditions, safe and inclusive healthcare, marriage equality, and access to de-pathologised legal gender recognition through self-determination and self-declaration.

The situation of human rights defenders in South Africa, particularly those working to defend land and environmental rights, was alarming. In rural areas, where defenders fought against abuses by powerful corporations, including in the mining sector, they were increasingly at risk with the Government failing to guarantee them any protection. Speakers also regretted the lack of recommendations accepted pertaining to comprehensive sexuality education and remained concerned about its delivery in schools.

The Vice-President said out of the 293 recommendations received, 269 enjoyed the support of South Africa, and 23 were noted. Additional clarification was provided on one recommendation, indicating which part of the recommendation was supported and which part was noted.

Concluding Remarks

South Africa said of the 293 recommendations received by South Africa from the Working Group, many focused on addressing violence against women and girls, and advancing non-discrimination against minority groups. Given that many of the recommendations pertained to gender-based violence, eradicating this scourge in South Africa remained a priority. The country was implementing the national action plan on gender-based violence and femicide, and a bill on the same subject had been tabled at parliament. In December 2022, South Africa hosted an economic empowerment summit for persons with disabilities, indicating the high priority of the rights of this group for the Government. South Africa was committed to the promotion of fundamental rights for all.

Another speaker for South Africa acknowledged the need to work harder to fulfil its economic obligations. South Africa supported the majority of the recommendations made by Member States and committed to providing a progress report in their next reporting cycle.

General Debate Under Agenda Item Six on the Universal Periodic Review Mechanism

The general debate on the Universal Periodic Review started in a previous meeting and a summary can be found here.

General Debate

Some speakers said the Universal Periodic Review was one of the key success stories of the Human Rights Council. The spirit of constructive engagement should continue to guide its future cycles, and the principles of impartiality, transparency, and even-handedness should continue. It would be prudent to use it as a basis for technical cooperation and capacity building for States. The Universal Periodic Review provided a unique platform for States to engage in meaningful dialogues and offer constructive feedback to better address human rights situations. It also created a space for a more cooperative and partnership-based engagement among States and a wide range of stakeholders, including civil society and national human rights institutions. The Universal Periodic Review had supported States to further strengthen their domestic mechanisms and institutional reforms towards fulfilling their human rights obligations.

Some speakers said that an integral element to the meaningful implementation of the Universal Periodic Review recommendations was having the necessary capacity building and technical cooperation. In this regard, speakers encouraged the Office of the High Commissioner for Human Rights and the Universal Periodic Review Secretariat to continue to extend cooperation and strengthen technical assistance to support Member States in the Universal Periodic Review and the follow-up process. The Office of the High Commissioner for Human Rights should extend cooperation for technical assistance provided through the Voluntary Trust Fund, at the request of the country concerned, both to facilitate participation in sessions and for the implementation of Universal Periodic Review outcomes. The Trust Fund was of immense help in strengthening the national capacity and resources of many countries. All States should join and donate where possible to the Voluntary Fund, which would enhance the effective participation of least developed countries and small island developing States in the Universal Periodic Review process.

The Universal Periodic Review process could be a critical tool for identifying and preventing human rights abuses across the world, wherever they occurred, some speakers said. All Member States should make sure that it remained a central part of the work to protect human rights, at home and globally. Countries should conduct sincere dialogue and cooperation during the process, and provide other countries with recommendations in line with their development level, to work together to further the human rights cause, in a non-selective and non-politicised manner. Greater emphasis needed to be placed on technical assistance and capacity building with the country concerned in order to improve the human rights situation on the ground. Some speakers also said they continued to see the value of the hybrid modality for the Universal Periodic Review process, as it had proven to facilitate inclusive, wider and cost-effective participation of all delegations, particularly those from developing and least developed countries.

Member States should take into account the economic, social and cultural specificities of other countries when submitting recommendations, a speaker said, in accordance with national priorities. Dialogue and cooperation between States meant more than punitive and politicised approaches - many of the States guilty of selectivity and double standards in the Council sought to impose unacceptable practices within the Universal Periodic Review, a speaker said, and it was the duty of the international community to preserve the process as one of the few tools it had that preserved international legitimacy and that was valid in that context. The Universal Periodic Review enabled countries on an equal footing to show the world their achievements and challenges in human rights, and was a process which ensured universality under the principles of equal treatment, sovereignty, and non-interference in a State’s internal affairs. It was a path to follow, as opposed to those who wished to impose their double standards on the countries of the South.

Presentation of Reports Under Agenda Item Seven on the Human Rights Situation in Palestine and Other Occupied Arab Territories

Reports

The Council has before it the report of the High Commissioner for Human Rights on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan (A/HRC/52/76).

Also before the Council is the report of the Secretary-General on human rights in the occupied Syrian Golan (A/HRC/52/77).

Presentation of Reports

CHRISTIAN SALAZAR VOLKMANN, Director of the Field Operations and Technical Cooperation Division of the Office of the High Commissioner for Human Rights, said the High Commissioner’s report on Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan, analysed developments related to settlement advancement over the last decade. From 2012 to 2022, the population of Israeli settlers in the occupied West Bank, including East Jerusalem, had grown from 520,000 to over 700,000. These settlers lived illegally in 279 Israeli settlements across the occupied West Bank, including 14 settlements in the occupied East Jerusalem, with a total population of more than 229,000 people. At least 147 of these settlements were outposts, illegal even under Israeli domestic law. The establishment and expansion of settlements in the occupied Palestinian territory was prohibited under international humanitarian law and such transfers amounted to a war crime. Israel had expanded control over large swathes of the West Bank through a variety of means, including declaration of lands as “state lands”, construction of infrastructure to connect settlements and outposts to each other, as well as the retroactive legalisation of outposts. The takeover of land and resources consolidated Israeli presence while severely infringing upon Palestinians’ freedom of movement, and their access to and the enjoyment of resources.

The report documented a correlation between the expansion of outposts and settler attacks against Palestinians. During the past decade, the United Nations had verified 3,372 violent incidents by settlers, injuring 1,222 Palestinians. Last year, settler violence reached the highest levels ever recorded by the United Nations. Israel had failed to investigate and prosecute crimes against Palestinians committed by settlers and Israeli forces. The report covered three cases of imminent forcible transfer, which was considered a war crime under the Fourth Geneva Convention, in detail: Masafer Yatta, Ras al Tin and Wadi Qaddum in East Jerusalem, impacting more than 1,450 Palestinian residents in total. From 2012 to 2021, Israel demolished 6,821 Palestinian-owned structures in the occupied West Bank, including East Jerusalem, forcibly evicting 9,766 Palestinians.

The current Israeli plan to double the settler population on the Syrian Golan by 2027, and increase the number of Israeli settlements on the occupied Syrian Golan from 34 to 36 was unprecedented. The seizure of lands for Israeli settlements, military zones, nature reserves and commercial activities limited the Syrian’s population’s access to land and water, in violation of their rights to adequate housing, food and health.

Mr. Volkmann said some recommendations in the report which would make an immediate difference included that Israel must cease immediately and reverse all settlements development and related activities, in accordance with relevant United Nations’ resolutions. The agreement of 19 March in Sharm El Sheikh, including the Israeli commitment to stop discussion of any new settlement units for four months and to stop authorisation of any outposts for six months, could be seen as a first step in the right direction. Adherence to this agreement was encouraged. Israel, as the occupying power, needed to protect the Palestinian people and their property from settler violence, and ensure that all incidents of violence were investigated. Perpetrators need to be prosecuted, and victims provided with effective remedies.

The second report was the report on human rights in the occupied Syrian Golan, which summarised the responses received to a request for information about the implementation of the resolution. Responses were received from the Permanent Missions of Cuba, Iran, the Democratic People’s Republic of Korea and the Syrian Arab Republic.

Statements by Countries Concerned

Israel was not present to take the floor as a country concerned.

State of Palestine, speaking as a country concerned, said the information in the report was important as it tracked the expansion of settlements and the widespread violation of civil and political rights and economic, social and cultural rights of the Palestinian people, as well as the violation of resolutions by the Security Council, the Human Rights Council, the International Court of Justice, and other international bodies. The report also contained recommendations which should be implemented. The recently established new Government in Israel had effectively given rise to the return of settlements that had been vacated in the north part of the West Bank: this was Israel’s project of imperialist occupation. The international community should put in place punitive measures to put an end to these crimes. All dealings with settlers, settlements and the incumbent Prime Minister should cease. Countries that supported the two-State solution and had not yet recognised the State of Palestine should do so. There had been a fresh wave of theft of Palestinian assets, and the Government had agreed to establish terrorist groups named “the National Guard”. Israel claimed that Palestine was an invention that was less than 100 years old.

Syrian Arab Republic, speaking as a country concerned, said it was time to take concrete measures to end the international community’s inability to end the occupation of Arab territories by Israel, with the support of the Government of the United States. This report was the greatest evidence of the United States’ and Israel’s disdain for international law, the United Nations Charter, and the situation in Palestine and the occupied Syrian Golan. This unprecedented situation of unlimited impunity had allowed Israel to continue its unprincipled attacks against Syria, with the deaths of civilians and the destruction of infrastructure. To double the number of settlers in the occupied Golan in the next few years was the goal of Israel, and it was advancing its settlement programme unabated. This constituted flagrant violations of the human rights of all Syrians in the occupied Syrian Golan. Syria reaffirmed its inalienable right to retrieve the Syrian Golan. Syria demanded that the people in the Golan be allowed to visit their homeland through the closed crossing, and reaffirmed its unwavering support for the Palestinian people to re-establish their homeland with East Jerusalem as the capital, and the liberation of the occupied Lebanese territories. Israel must be held accountable for all its crimes.

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

Speakers supported the establishment of Palestine as an independent State with East Jerusalem as its capital, calling upon the international community to find a peaceful and just solution to the conflict, in line with the respect of the human rights of the Palestinian people. The attacks of Israel had left scores of civilian victims. All policies resulting in the destruction of places of worship were condemned, in particular with regard to the Al-Aqsa mosque. Israel must cease its illegal settlement policy, which was a violation of international law and of international resolutions, including those of the Security Council.

That some States declined to participate in the debate was regretted. The situation was ever deteriorating, with more violations by the occupying power. Israel had a policy of storming Palestinian places and places of worship, which, along with the 16-year blockade of the Gaza Strip, constituted crimes against humanity. The continuing settlement policy, as well as the fact that more and more racist laws were being adopted in Israel, showed that it was committed to deepening apartheid. The international community should live up to its responsibilities, and support Palestine as an independent State within the pre-1967 borders.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/03/afternoon-human-rights-council-hears-current-israeli-plan-double

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