REFUGEE PROTECTION

UN Commission on Human Rights
In mid-October, after three weeks of Israeliaggression in the occupied territories, the 53 member UN Commission on Human Rights, the primary human rights body in the United Nations, met in a special session, the fifth in its history(previous special sessions were held on the situation in East Timor, the former Yugoslavia and Rwanda), to discuss the current situation in Palestine, based on a request by the Permanent Representative of Algeria on behalf of the Council of Arab Permanent Representatives Members of the League of Arab States on 3 October. 47 out of 53 members of the Commission supported convening of the special session.

 More than 20 local and international NGOsparticipated in the hearings in addition to state members of the Commission. The Special Session was preceded by a visit to the occupied Palestinian territories by the Special Rapporteur of the Commission on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967, Giorgio Giacomelli, former Commissioner-General of UNRWA. Giacomelli's findings were presented to the Commission.

 The final resolution of the special session of the Commission on Human Rights was adopted by a roll-call vote of 19 votes to 16, with 17abstentions. Those voting against the resolution include d Canada, Czech Republic, France, Germany, Guatemala, Italy, Japan, Latvia, Luxembourg, Norway, Poland, Portugal, Romania, Spain, United Kingdom, and United States. The Commission decided to: (a) To establish, on an urgent basis, a human rights inquiry commission; (b) To request the United Nations High Commissioner for Human Rights to undertake an urgent visit to the occupied Palestinian territories; (c) To request the Special Rapporteurs of the Commission on Human Rights to carry out  immediate missions to the occupied Palestinian territories and report the findings to the Commission on Human Rights.

Report of the UN High Commissioner for Human Rights
During November, the UN High Commissionerfor Human Rights visited the occupied Palestinian  territories, Israel, Egypt and Jordan, to gatherinformation about the ongoing violation of human rights as mandated by the Commission on Human Rights during its special session in October. In a report submitted to the General Assembly and the Secretary General at the end of November, the Commissioner characterized the human rights in the occupied territories as bleak. Moreover the Commissioner underlined the connection between the Israeli occupation and the massive violation of Palestinian rights.

"In the occupied Palestinian territories, discussions concerning the present crisis and its impact on human rights were linked to the reality of the occupation itself. That reality was described by Palestinians as one of grinding, petty humiliations, discrimination and inequalities which were ultimately dehumanizing. It was explained that the anger and frustration of the present Intifada stemmed from lack of implementation of the key United Nations resolutions, especially General Assembly resolutions 181 (II) and 194 (III) and Security Council resolution 242 (1967), the continuing encroachment on land for settlements, and what was perceived as a peace process which had not addressed the Palestinian claims of a State with East Jerusalem as its capital and some recognition of the right of return of refugees."

Detailing Israel's excessive use of force and denial of humanitarian access, the High Commissioner stated that "every effort should be made to explore the feasibility of establishing an international monitoring presence" in the occupied territories. She further emphasized that a peaceful and stable future in the region could only be achieved on the basis of a framework "conforming to the requirements of international human rights and humanitarian law. Full application of the international human rights standards set out in the Universal Declaration of Human Rights and the two Human Rights Conventions is essential." She further called for the High Contracting Parties to the 1949 Fourth Geneva Convention relative to the Protection of Civilians in Time of War to assume their responsibility under the Convention.

The High Commissioner also called for the protection of Palestinian economic rights, freedom of movement, and compensation for victims of unlawful use of force, including for theloss of property. In what otherwise was a fairly solid legal report, the High Commissioner oddly drew a distinction between settlements in densely populated Palestinian areas and those in other parts of the occupied territories. While the Commissioner called for a cessation of all settlement construction she specificallyrecommended the removal of the settlements in  densely populated Palestinian areas, even though both types of settlements mentioned by the Commissioner are considered by the UN to be illegal under the Fourth Geneva Convention relative to the Protection of Civilians in Time of War. 

Report of the Special Rapporteur to the Commission on Human Rights (excerpts)
Local Perceptions In general, respondents identified one of the main causes for the recent Palestinians protests as the outcome of accumulated frustration with the perceived shortcomings of both the content and implementation of the Oslo process, notably in its failure to uphold the human rights and humanitarian norms. Both the local Palestinian and Israeli interlocutors consulted emphasised to the Special Rapporteur that all concerned parties could not possibly be incognizant of the danger in this breach: the people in the street, Israeli intelligence, the UN Commission on Human Rights, various treaty bodies, the General Assembly, the Special Rapporteur, the Palestinian Authority. They lamented that, in spite of that, no corrective action was taken.

Under the circumstances, all local parties reiterated their disappointment at the international community's evident lack of will to take substantive measures to uphold rights for Palestinians. Moreover, they uniformly deplored the double standard that has applied to the occupied Palestinian territories, tolerating or facilitating the Israeli occupation authorities' unbroken pattern of violations. In particular, they point out the contradiction between these standards established through the United Nations and the simultaneous ineffectiveness of the UN to uphold its own principles. A number of common demands were forcefully put forward by practically all interlocutors as the needed corrective. effets secondaire kamagra https://www.kamelef.com/kamagra-ou-viagra.html kamagra effets secondaire

action:
The de jure implementation of applicable humanitarian law and human rights standards, including the Fourth Geneva Convention (1949) and the principal human rights treaties
The prompt formation and dispatch of a Commission of Inquiry with competence to establish responsibility for violations committed by the Occupying Power. A number of interlocutors recommended measures comparable to those taken in the case of East Timor
That any peace agreement should be subject to the scrutiny and guarantee of a competent body empowered to review its consistency with human rights and humanitarian law, including UN resolutions on Palestine (e.g. GA resolution 194 with respect to repatriation and compensation)
That ICRC urgently increase its presence as a measure of physical protection
That international observers and/or an interposition force be established to ensure the physical protection of the occupied population
That the relevant thematic Special Rapporteurs give special attention to occupied Palestinian territoriesThe grievances expressed were not devoid of a certain po sitive underpinning. Respondents also conveyed the hope that the losses arising from these tragic events would not be incurred in vain. Rather they expressed the hope that a correct reading of the meaning of recent events will inspire the establishment of afairer process capable of leading to a durable peace.
UN Doc. E/CN.4/S-5/CRP.1
17 October 2000