24 April 2002
Mary Robinson's Oral statement to
the Commission on Human Rights 58th
session
Report by the High Commissioner for
Human Rights On the deteriorating human rights situation in
the occupied Palestinian territory
Chairman,
Distinguished Delegates,
Excellencies,
Ladies and
gentlemen,
I address
the Commission today to introduce my report on the human rights
situation in the occupied Palestinian territory. The report, which has
been circulated to members of the Commission, responds to the request to
me as High Commissioner in Commission Decision 2002/103. That Decision
asked that I " urgently report to the Commission on Human Rights on the
deteriorating human rights situation in the occupied Palestinian
territory on the basis of reports from all concerned organizations
present in the occupied territories."
You will recall that in
resolution 2002/1 of 5 April the Commission requested that I should lead
a visiting mission to travel urgently to the area and report on the
human rights situation. The mission would have provided an opportunity
to obtain first hand information from those on both sides who have been
victims of human rights violations. It would have been possible to
question them directly and seek to verify accounts of abuses. It would
have provided the opportunity to meet with and to seek accounts and
explanations from both Israeli and Palestinian leaders. Human rights
inquiries in situations of conflict can have a protective as well as a
preventive purpose and effect. There is an acute need to address
continuing human rights violations and bring them to an end. Equally,
the parties must be encouraged to take up again together the work for
peace. It is a matter of regret that the visiting mission could not take
place. I again record my sincere appreciation to Mr. Felipe Gonzalez and
Mr. Cyril Ramaphosa for their willingness to undertake the
mission.
The report before you is based on accounts received and
focuses on the immediate human rights emergency in the occupied
Palestinian territory. It has not been easy to prepare. Part of the task
has been to summarize a wide range of materials referring to serious
allegations of human rights abuses and to note that many of the claims
are contested. Great care has been taken to provide the Commission with
a fair and accurate account of the current situation.
In
preparing the report, I approached the Permanent Mission of Israel and
the Permanent Observer Mission of Palestine, as well as United Nations
agencies and programmes, and non-governmental organizations active in
the occupied Palestinian territory, with the request to make relevant
information available to my Office. This request was responded to by the
Permanent Mission of Israel and the Permanent Observer Mission of
Palestine. In addition, a number of United Nations bodies and a number
of NGOs responded with information. The relevant organisations are
listed in an Annex to the report. I would like to acknowledge with
appreciation the response that my request for information generated,
particularly given the very short notice. All the materials received are
held in the files of my Office.
The report summarizes the main
allegations of human rights violations reported from the occupied
Palestinian territory, and gives brief illustrations of some of those
allegations and of the Israeli viewpoint. It also addresses three
particular situations of special concern to the international community
– the Jenin refugee camp, bearing in mind the fact finding mission
established by the Secretary-General and welcomed by the Security
Council to assess the situation there; the Church of the Nativity in
Bethlehem and the situation in Ramallah, including the continuing
blockade of President Arafat's Headquarters in Ramallah.
Mr.
Chairman,
In introducing this report, I would like to draw
attention to some of the observations in the final section.
In
calling on the parties to return to negotiation and the search for peace, the report exhorts all sides to uphold the principles of human
rights and humanitarian law. In concrete terms that means that the
military occupation must end and that those who have planned and
executed terrorist acts aimed at Israeli civilians, must stop that
heinous policy.
A human rights approach requires also that there
be accountability for what has happened in recent weeks in the occupied
Palestinian territory. I would like to explain further the observation
in the final section of the report that "there is an urgent need for a
comprehensive investigation into alleged breaches of international human
rights and humanitarian law, an investigation that would be independent
of the parties but conducted with their full cooperation". It is not
possible in a short report to convey the depth of pain, suffering,
humiliation and despair which comes through when reading the accounts
furnished to us from the occupied Palestinian territory. Nor is it
possible to convey adequately the level of trauma, fear, and anger
experienced by Israeli citizens in the aftermath of a terrible series of
suicide bombings. What I must convey, in my responsibility as High
Commissioner, is that this acute human rights situation fully warrants
an independent investigation.
Mr. Chairman, you and the other
members of the Commission on Human Rights would also have reason to wish
to see serious and widespread allegations of human rights violations
properly investigated. You have taken initiatives in this regard in
other circumstances and you know that the strength of the human rights
system is in its universal application.
The report also notes
that OHCHR stands ready to facilitate a human rights dialogue between
Palestinian and Israeli NGOS and other civil society representatives to
enhance mutual understanding and the common promotion and protection of
human rights for all in both countries. It has been very heartening to
receive so much human rights material from NGOs based in Israel who have
the courage and integrity to voice their concerns about human rights
violations in the occupied Palestinian territory. I was disturbed to
note that an article in the Israeli newspaper Ha'aretz, dated 18th
April, reported strong criticism by the Attorney General of the approach
of Israeli human rights organizations. The truth is, it is human rights
defenders, peace groups and women's networks who can give leadership in
a painful bridge building which must be fostered.
Who can doubt
but that the road to peace must be walked together by Israeli and
Palestinian? It will not be found through military means or violence,
but through dialogue and the building of empathy. We should salute those
who work in quiet ways across the divide to build that dialogue between
Israelis and Palestinians.
One of the key conclusions that
arises from this report is that peace-making and peace-building must be
built on the foundations of respect for human rights and humanitarian
law – now and in the future. This report is submitted in the hope that
it will facilitate reflection on both sides: that on the Palestinian
side, the suicide bombings that have caused so much loss of lives and
suffering of Israelis will cease. On the Israeli side, that they will
reflect deeply on issues of humanity, proportionality and respect for
basic standards that are at the foundations of the contemporary world
and that they will take to heart the grievous suffering of the
Palestinian people. In presenting this report, I should like to
reiterate the Secretary-General's call to the leaders of both sides that
they immediately recommit themselves solemnly to the respect of the
basic norms of human rights and humanitarian law and that they implement
that commitment forthwith.
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