HRC 55 - draft resolution L.30 on OPT - 5 April 2024
/
1:08:29
/
MP4
/
4.3 GB

Statements , Conferences | HRC

HRC 55 - draft resolution L.30 on OPT - 5 April 2024

Consideration by the UN Human Rights Council of draft resolution L.30: “Human rights situation in the Occupied Palestinian Territory, including East Jerusalem, and the obligation to ensure accountability and justice”, followed by vote.

Teleprompter
that said, we will begin the consideration of the resolutions
that's presented
beginning with, uh
L 30
L 30 with oral revisions,
the human rights situation in the occupied Palestinian territory,
including East Jerusalem,
and the obligation to guarantee the principle
of
accountability and justice.
And I would like to give F floor to Pakistan who will be presenting Ambassador.
You have the
floor.
Thank you, Mr President,
On behalf of the UIC
member states,
Pakistan presents a draught resolution titled Human
Rights Situation in the Occupied Palestinian Territory,
including East Jerusalem
and the obligation to ensure Accountability and Justice as contained
in the orally revised version of el 0.30.
Over the past six months,
the occupying power has written a horrific new chapter in the 75 year old tragedy
of the Palestinian people.
The Draught resolution has been updated with the aim of responding
to the egregious human rights violations facing us in occupied Palestine,
especially the Gaza Strip.
The text is the result of thorough and transparent consultations. The OIC
group is grateful for widespread support and engagement
during this process and is again presenting this resolution
under Item two for the council's unanimous support for
accountability of Israel's continuing disregard for international law.
Mr President,
the preamble of part of the resolution expresses grave concern
at the worsening situation in the occupied Palestine, especially
RZA, and the unacceptably high proportion of innocent civilian casualties.
The preamble of paragraphs reflect this council's grave concern
at war crimes and crimes against humanity in the opt
and the ICJ's determination that the Palestinian people under Israeli occupation
face the plausible risk of genocide.
They also voice our shared concern at the
clear risk posed by arms transfer to Israel,
which contribute
to further violations of international humanitarian law
and international human rights law,
and facilitates the commission of war crimes and crimes against humanity.
The pattern of collective punishment of the Palestinian people,
particularly in Gaza, includes repeated military aggression,
an illegal blockade now in its 17th year,
indiscriminate bombing in densely populated areas.
Starvation is a method of warfare,
obstruction of humanitarian assistance and widespread and wanton
destruction of residential areas and critical civilian infrastructure.
Mr President,
the situation of human rights in occupied Palestine
had always been precarious at best.
Over the past months, it has fallen off the precipice.
The operative part of the resolution therefore
calls for an immediate ceasefire,
an end to the occupation without delay
and urgent and unhindered humanitarian relief.
The resolution condemns all attacks on civilians and calls for
the immediate release of all remaining hostages and detainees while warning
against military operations in the city of Rafah,
where most of Gaza's forcibly displaced population is sheltering.
To ensure meaningful accountability,
the resolution requests the Secretary General and the O
CR
ensure adequate resources, expertise and logistic support.
The consensual adoption of this resolution
would affirm the international community's commitment
to the premise of international law
and send a clear signal that impunity for human rights,
serious violations is finally at an end.
I thank you.
I thank you, Mister Ambassador,
for presenting this resolution on behalf of the OIC,
I now
announced that there are
other co sponsors for these resolutions
additional co sponsors for this resolution.
And then
I opened the floor for delegations wishing
to have general observations on these texts.
The floor.
So
I see Algeria.
chr
Thank you, Mr President.
Over the past six months,
the occupying power has written a new dramatic chapter which is
added to the Palestinian tragedy that has lasted for over 70 years
and occupied Palestine. The infrastructure
has been deteriorated
below all moral, legal and humanitarian values
in the midst of a complete neglect
from the international community
not to speak of the numerous measures of many countries, namely when,
this time yet again, we're addressing a Palestinian cause.
The international community
or a section of that international
community refuses shouldering its responsibilities,
whereas that same international community
takes on entirely different positions in other parts of the world.
In this running counter to international humanitarian
law or international human human rights law
or running against
human values.
Some parties defend the policy of occupation
while cautioning the
occupying party under the pretext
that it is a state of self defence.
Knowing that Palestinian Children,
men, women, Children, older persons
are subjected to serious violation of human rights,
no one has come to assist this precarious segment of the population.
The Palestinian people are
under
aggression. Schools, hospitals,
refugee host centres
are being struck by the power of the occupying power.
This jeopardises the credibility and the use of our council.
History will not forget
the fair cause.
The history will not forget that the Palestinian people
never wanted to
give up before an aggressor that has violated their rights.
History will remember those that stood to defend international justice,
such as Algeria has done.
History will also remember those who share our convictions
and those who defend dignity,
justice
and peace.
Those who simply
put defend humanity.
History will remember
those that are asking for justice to be done.
History will not forget those who ask for restoring the rights of Palestinians.
Which is why the resolution L, 30
calls on all
to remember
the duty to remember
and to recall historic obligations.
We point out that defending the rights of Palestinians is a moral imperative
that transcends
ethnicities
and borders. It is a responsibility incumbent on all humankind.
South Africa, Mr Ambassador.
Thank you, Mr President,
South Africa wishes to express its appreciation to the O IC
and the mission of the State of Palestine for tabling
L 30
as this is the very first time that this council will
take action on on the unprecedented onslaught taking place in Gaza,
our silence has been truly deafening,
with some displaying double standards in the height of hypocrisy.
In just over 100 and 80 days at least 32,975 Palestinians
have been killed, including 14,500 Children.
These figures, however,
provide only a glimpse of the untold human suffering taking place
on our watch.
Yet while the council has been silent, the special procedure mechanisms
that support its work
have not been bowed.
South Africa salutes their unwavering commitment
to amplify the voices of the victims
despite being subjected to unconscionable threats and abuse.
Indeed,
they warned the council as far back as 16 November
that the grave violations being committed against the Palestinian people
pointed to a genocide in the making.
Their efforts are embedded in South Africa's papers before the ICJ.
They informed the determination of the
court concerning the plausible risk of genocide
together with its subsequent orders, including its most recent order
which was issued on 28 March in response
to the significant deterioration in the situation.
Their efforts
are also embedded
in a number of other interventions that are taking place,
including the recent decision by the UN Security Council.
South Africa views the intimidation and harassment of the special
rapporteur on the human rights situation in the Palestinian territory
occupied since 1967
Ms Francesca albane
in a serious light
and calls on those responsible for such to desist
their unlawful actions.
Mr President, the work of the special procedure mechanisms
will be particularly important going forward for the purposes of
the collection and preservation of evidence that lies at the heart
of ensuring accountability and justice,
which is precisely what L 13 seeks to achieve.
It is only through ensuring accountability and justice that we can end the impunity
that has entrenched the ongoing unlawful
occupation together with its apartheid policies,
as well as discharge our solemn obligation under the Genocide Convention
which enjoins us to prevent and punish
those responsible for genocide.
It therefore remains crucial that we ensure that
Israel respects the imp and implements CJ orders together with
US C resolutions
demanding an immediate and lasting ceasefire,
which L, 30 will no doubt contribute in securing.
We can no longer choose to apply a parallel system of international law to Israel,
nor can we be complicit in facilitating its actions.
For international law to be credible, it must be uniformly applied.
It must serve the victims that it is designed to protect
rather than those with power who treat it with contempt.
South Africa therefore, calls on members of this council
to bring an end to any selectivity and double standard and to adopt L 30 by consensus.
Accordingly, We wish to echo the recent statement by the High Commissioner in Gaza
urging us and I quote to avert a new era of power politics
that cast aside norms and institutions so painstakingly built to advance them.
Our universal rights and fundamental humanity
depend on reversing
any such trajectory. I thank you.
I thank you, Mr Ambassador, for your comment and give the floor to Cuba.
Thank you, Mr President.
Mr.
President,
we are grateful to the state of Palestine and
to the members of the Organisation for Islamic Cooper
for presenting this draught resolution
whose uh critical need is undeniable.
The violations of human rights perpetrated by Israel and occupied
Palestinian territories before and after October 7th are broadly documented
in the reports of the special procedures of the Council
of the Office of the High Commissioner for Human Rights
and the similar agencies, funds, programmes and mechanisms of the United Nations,
including its secretary General.
The time has come to turn rhetoric into action
which is why Cuba supports strengthening the language of the resolution
and to set up accountability mechanisms
not just for the occupying power
whose actions, uh,
become an act of genocide,
but also for states accomplices that keep up the financing,
sale and transfer of weapons to Israel and make shameful
use of the right to veto in the Security Council.
When addressing the current crisis,
we support the request of South Africa
before the International Court of Justice against Israel
regarding
the latter's violations of its obligations as a state party to
the Convention for the Prevention and Punishment of the Crime of Genocide
of 1948
Mr President,
There's an urgent need
to meet the actions proposed by this resolution,
which include lifting the illegal blockade in the Gaza Strip,
cease to collective punishment that cease to, uh,
a long lasting cease fire and
meeting the provisional measures
from the International Court of Justice.
Mr.
President, as is well known,
Cuba's support to the Palestinian cause is unwavering,
which is why we will be supporting in favour of this draught resolution
and we ask all member states of the council
to do likewise.
Mr. President, this is not just one more vote.
This is a vote for justice for the respect for the
more than 33,000 Palestinians that have been murdered in recent months.
In addition to 12,300 boys and girls,
this vote is for the over
300 humanitarian workers
and assistants murdered during this time.
It is a vote for the over 140 journalists that have died in the Gaza Strip.
Mr. President, this is a vote for lost dreams. It is a vote to end impunity.
It is a vote for dignity.
Thank you.
Mail.
Thank you.
To this day,
we witness a criminal war
carried out by the occupying power
against
innocent Palestinians of this brotherly people.
In spite of Security Council measures,
the occupying power pays no heed to all international conventions
and on a daily basis we witness an increasing number of murders
and murder Children among the
Palestinian people.
We cannot describe the magnitude of the humanitarian tragedy that besides this
brotherly sly people in the Gaza Strip,
threats
are ongoing and the humanitarian situation
has deteriorated at all levels.
This according to reports of all specialised international organisations,
Sir,
the Council has a historic task to decide on today
by adopting resolution L 30
to bring justice.
And we call for the adoption of this resolution by consensus.
Thank you,
Ambassador. Thank you, Mister President.
General observations on this text
is if it's
the case, then
we will give the floor to the country's consent
to begin by
Israel.
Mr. Ambassador, you have the floor.
Thank you, Mr President.
For years,
Israel has been calling on this council to condemn Hamas to call out its inhumanity
and to call for accountability and justice for Israeli victims of terrorism.
Yet even after the worst massacre against the Jewish people since the Holocaust
indeed one of the deadliest and most brutal terrorist attack of modern times
this council has once again
failed to do so.
So let me ask, How many dead Israelis will it take to condemn Hamas?
1200. Murdered is not enough.
What atrocities will warrant condemnation?
The rape, mutilation and torture of Israelis was not enough.
How many victims must there be
for this council to address Palestinian terrorism?
How many stockpiles of weapons terrorist headquarters
Tunnel shafts must be revealed in hospitals,
schools and UN facilities before this council takes
upon itself to denounce the use of civilian infrastructure
by Palestinian terrorist organisations.
According to the resolution before you today,
Israel has no right to protect its people while Hamas
has every right to murder and torture innocent Israelis.
Israel should have stood
idly by on October 7th as Hamas unleashed its barbaric acts on October 8th,
it should have allowed Hamas to do so again.
According to this resolution,
states should not sell arms to Israel in its endeavour to defend its population.
But they can continue to arm Hamas,
supplying them with the same weapons which was pointed at amid Susan's
head
as she was being sexually assaulted in Hamas captivity.
According to this resolution, there is some kind of distorted equivalence draw
between the hostages still held by Hamas
and the Hamas terrorists themselves
that one year old Kir
Bibas
and the other 133 hostages held by Hamas are equal to Manal
Mahmoud Mohammed
Qasem,
an Islamic JIA terrorist who admitted to raping a woman on October 7th.
Mr President,
this council has long abandoned the Israeli people and long defended Hamas.
It has become a shield for terrorists it has turned a
blind eye to any acts of violence against Israelis and Jews.
I call on members of this council. Do not succumb to this manifestly distorted text.
A vote yes, is a vote for Hamas. A vote for ignoring the slaughter and rape
of my people,
a vote for legitimising Palestinian terrorism
and incitement
while delegitimizing the very real fight against anti Semitism.
A vote for undermining Israel's right to defend itself
for equating the plight of 134 hostages held by Hamas
with Hamas themselves,
Israel will continue to fight Hamas. We will continue to defend our people
and we will bring all 134 hostages back home.
Thank you.
Thank you, Mrs Ambassador, For your declaration,
we would like to give forward to His Excellency the Ambassador of Palestine.
Thank you, President.
I would like to thank the mission of Pakistan, the co ordinators here and all states
who have sponsored and supported the draught resolution
on 2.2 and 2.7 resolutions on Palestine.
I would
have a statement to read, but I would also like to say
the fact that you've come
to hear today you've come to hear a list
of lies that have been repeated again and again.
We have expressed our position and we repeat it.
Allegations have to be proved they cannot be proved without an independent
investigation.
In Palestine,
we stand ready to make
accountable of all those who have contravened laws.
We have heard positions from states, including deplorable states,
the states
that have been condemned
by
Netanyahu. For example,
there have been attempts
to impose new laws on the world.
We have seen repercussions
of these statements on a number of states
in the form of the votes on this
resolution.
There have been calls for accountability across the
world that are just about positions change.
When we're talking about Israel,
how is it that you can justify
to
your Children
televised, genocide,
televised and broadcast across the world?
It is not Hamas combatants who are being killed 9000
women who have been killed who are not combatants.
The hospitals
are not
stores of weapons. There is no proof
of this against Shifa Hospital. A few days ago
we saw
attacks and
both doctors and patients killed.
The
bodies that are left behind
are a shame for the entire international community.
You
have seen
the attack against Kitchen International.
These are not even Palestinians who were killed
amongst the
states
represented here. There are citizens who have been killed
by the military of Israel.
There have been requests for investigations, but there's been just a
masquerade.
You have seen the resolution of the Security Council
on 25th of March.
The ambassador of the United States stated that the resolution was not binding.
This was a resolution under Chapter
six,
which gives states
the right to implement Security Council resolutions.
If you want the law of the jungle to rain,
then terrorism will spread and affect
everyone. The global kitchen incident is just the beginning.
I have just three minutes and
I was unable to cover all of the attacks on human rights.
We have seen a humanitarian disaster.
We need you all to wake up and stop this genocide, genocide,
televised
live across the world, killing thousands of the
innocent Palestinian people
during the Second World War. Over a period of six years,
we were not responsible. But we have been paying
the price of what was done during the Second World War.
Although we were innocent. This must be stopped. Otherwise
the situation will only further and deteriorate. And it will affect all peoples.
No,
we only wish you prosperity.
I thank you, Ambassador.
The draught text has implicate
budgetary implications.
I would like to ask whether there are any explanations
of the vote of your vote before the vote takes place
on this draught,
the United States of America. Please.
Thank you, Mr President.
We all agree that far too many civilians have been killed
in this conflict and that every civilian death is a tragedy.
We are outraged and heartbroken by the deaths of seven
humanitarian workers from World Central Kitchen in Gaza on Monday,
including one American citizen.
Incidents like this simply should not happen.
Protection of all civilian life is both a moral and strategic imperative,
and Israel has not done enough to mitigate civilian harm.
We continue to express grave concern at the unprecedented loss of life
and the lack of adequate humanitarian assistance that has placed men,
women and Children in Gaza on the brink of widespread starvation.
Hamas' brutal terrorist attack on Israel irreparably shattered many lives.
We demand the release of hostages that Hamas has held for six months As of tomorrow,
every state, including Israel, has an obligation to defend itself,
and Israel has the right to prevent the
events of October 7th from ever happening again
and how Israel does so matters.
The United States has repeatedly urged Israel to
deconflict military operations against Hamas with humanitarian operations
in order to avoid civilian casualties and to ensure humanitarian
actors can carry out their essential mission in safety.
That has not happened,
and in just six months more humanitarians have been killed in
this conflict than in any war of the modern era.
That is why President Biden has underscored the
need for an immediate ceasefire by all parties,
which is essential to stabilise and improve
the humanitarian situation and protect innocent civilians.
We urge Prime Minister Netanyahu to empower his negotiators to
conclude a deal without delay to bring the hostages home
and Hamas to accept the deal on the table
Turning to draught resolution L,
30 Before us today we are deeply concerned by its many problematic elements,
too many to name in full.
For example,
there is no specific condemnation of Hamas
for perpetrating the horrific October 7th attacks.
Neither is there any reference to the terrorist nature of those actions
while we appreciate the addition of language
calling for the immediate release of hostages.
Unfortunately, the text makes no distinction
between hostages who were brutally abducted by a terrorist organisation
that heeds no international law, whose whereabouts are unknown
and who, according to credible UN reporting,
are likely experiencing repeated sexual violence
and detainees whose fate is regulated and governed by legal processes.
Let me be clear. These groups are not equivalent.
Finally,
the text draws a number of conclusions about the conduct
of the conflict that have not been sufficiently evidenced.
The United States is determined to bring life saving aid to Gaza,
to push for an end to the conflict and to
bring about a lasting just and stable two state solution.
Unfortunately, draught resolution L 30 does nothing to further those aims.
For all of these reasons,
we regret that we must call a vote and urge fellow member states to join us in voting.
No, I thank you.
I thank you, Mrs Ambassador, for your explanations. I now give you the floor.
Mrs Ambassador of Chile.
Gracias.
Thank you very much. Mr President,
I'd like to speak about the resolution on the situation of human rights and
occupied policy and territory, including East
Jerusalem and the need for accountability and justice presented
by Pakistan representing the Organisation for Islamic Cooper Operation.
As this council knows full well,
the human rights situation experienced in occupied Palestinian
territories and particularly in Gaza is quite serious.
The world has borne witness to the suffering of the civilian population,
not least women and Children
who have been victims of indiscriminate attacks
and who face the certain risk of hunger and death.
Were the military offensive to continue
as we have done from the first day, Chile rejects
without any nuances the capture of civilians by Hamas
and calls for their immediate and unconditional release.
All the while,
we reiterate that violation of fundamental standards by part
of the conflict does not justify at any rate,
that the other party ignores that rules.
This is a basic rule of humanitarian law
with this in mind,
will vote in favour of this resolution as they have traditionally done,
and we are rad our appeal to Israel to bring an end
to practises that violate the human rights
of the people living in occupied Palestinian territories.
Mr.
President,
this resolution refers to the possible commission of a series of
international crimes and other series of violations of humanitarian law and human
rights by Israel.
In this context and bearing in mind, particularly that as the name indicates,
the resolution seeks to guarantee accountability and justice.
Chile considers that the processes before
international courts are particularly relevant,
which is why Chile submitted the Citrus of
Palestine to the International Criminal Court and for the
beginning has expressed its support and the role
that the International Court of Justice can play.
Both courts
will be in charge of, uh,
assessing the existence of these crimes and any
linked responsibility of all parties to the conflict,
which is why Chile
urges strongly Israel to Cooper with both courts. Thank you.
Thank you, Mrs Ambassador, for your explanations and now give you the floor. Mr.
Ambassador of Japan,
Mister President
The government of Japan commends the effort made by the O
I
and the Delegation of Palestine
to present draught Resolution 13 on the
human rights situation in occupied Palestine territory,
including east
Arizona
and the obligation to ensure accountability and justice
and to accommodate several comments including from Japan.
We have previously voted in favour of
this resolution since it was first formulated by
integrating two resolutions in 2021.
The government.
Japan is deeply concerned about the ongoing humanitarian situation in Palestine,
particularly in Gaza Strip.
With an increasing number of civilian casualties in Gaza,
including many Children, women and elderly people,
it is crucial to improve the humanitarian situation as soon as possible.
The government of Japan has also very
clearly
and condemned the terror terror attacks by Hamas
and others and has consistently called for the
immediate
release of the hostages.
At the same time,
we once again reiterate the importance of the protection of civilians
and urge all parties to act in accordance with international law,
including international humanitarian law.
We particularly urge all parties to act in good faith
based on the relevant UN Security Council resolution,
such as the Resolution 2728 including ensuring humanitarian assistance.
We record that many points have been added to this
draught resolution in response to the current situation in Gaza.
While it is difficult to fully
gauge the factual situation, this resolution should not prejudice
the legal consequences of such points,
including reference to matter spending before the.
At the same time,
it is not that Japan has not made a legal assessment
that these rights actions are fully consistent with international law,
since the number of civilian casualties is increasing.
It is true that the current
situation requires further explanation from the parties
as whether their military action as a whole is justified under international law.
Taking these points into consideration,
Japan has decided to abstain from voting.
I thank you.
I thank you, Mister Ambassador, for your recommendations.
I now give the floor to Indonesia
while announcing that Indonesia
withdrew from the list of co sponsors of this resolution. You have the floor
Indonesia, Mister Ambassador.
Thank you, Mr President,
as we speak, the extreme sufferings of our Palestinian brothers,
sisters and Children have not teased
their adversity continues to deteriorate day by day.
Despite numerous diplomatic,
legal and humanitarian efforts made by the international community,
especially over these past six months,
the deliberate
Batan and barbaric military actions remain conducted
by Israel against the civilians in Gaza,
including the medical personnel and aid workers.
During this holy month of Ramadan.
This un,
officially a complete disregard by the
occupying power to implement the mandatory order
by the International Court of Justice and the recently adopted UN Security Council
resolution to 7 to 8.
As we are approaching the end of Ramadan in less than a week,
such memento must not be exploited by the occupying power
to escalate its acts of violence against the Palestinian.
We demand an immediate and permanent ceasefire,
urge the occupying power to comply with international law and call upon all
states to contribute to preventing acts that amount to genocide in Gaza,
including by ending transferring arms to Israel.
Mr. President, the Draught
Al 30 as orally revised, has been presented before the council as a balanced tax.
It condemns all acts of violence and the targeting of all civilians,
while demanding immediate release of all hostages,
detainees and victims of enforced disappearance.
The elements of accountability are also
significantly enhanced through the addition of new
paragraph as delineated
in
41 to
44
ways,
we highly value the vital works of
the Independent International Commission of Inquiry.
While deeply worried about the inadequate resources allocated to
the commission compared to other country specific mandates,
we therefore strongly support the call for additional necessary resources to
enable the Commission of inquiry to fully carry out its mandate.
Mr. President,
given the unprecedented magnitude of atrocities in the
PT,
the introduction of this draught resolution
provides an important momentum for all
of us as members of the international community to self reflect,
measure and renew our unwavering and genuine commitment to human rights.
The rights of the Palestinian people are also human rights,
not less.
Upon the consideration of this draught resolution,
we urge all members of the council to vote in favour.
Finally,
we would like to reaffirm our strong solidarity with the people
of Palestine and support the wider recognition of the Palestinian statehood.
I thank you, Mr President.
I thank you, sir, for your explanation. I now give the floor to you Mr Ambassador of
Bulgaria.
Mister President,
On behalf of Bulgaria, I would like to make the following explanation of our vote.
We note
let me start by stating that we share the
concerns over the dramatically deteriorating humanitarian situation in Gaza,
the growing number of civilian casualties
including humanitarian workers operating on the ground
and the ensuing potential for food escalation of the conflict.
We are also deeply concerned about the
disproportionate effect of the hostilities on civilians,
particularly Children,
as well as the imminent risk of famine caused by the insufficient entry of aid,
and acknowledge that immediate measures should be
taken to prevent any further population displacement
and ensure that civilians are protected at all times.
At the same time,
we would have expected to see in the text a more explicit and accurate
reference to the triggering acts that are at the origin of the current escalation,
namely 7 October unprecedented terrorist attacks on Israel
involving indiscriminate murder of civilians, including Children,
women and elderly, unthinkable forms of atrocity and violence,
including gender-based violence,
kidnapping and keeping of civilians as hostages.
In
this regard, we reiterate our strongest condemnation of Hamas
and call for the immediate release of all hostages taken by this entity.
We are disappointed that the text of the resolution failed to include a
more explicit and unequivocal condemnation of
these heinous attacks and of their perpetrators
and a stronger call for the release of the hostages.
We note the efforts made by the O IC and the delegation of
the Observer state of Palestine in drafting the text of resolution L 30.
We do, however, find that some elements of the text
continue affecting the applicability of the resolution
in an entirely balanced and equitable manner.
And for these reasons,
we are not in a position to support this text and will vote against it.
We also reiterate the right of Israel to self defence in
accordance with international law and in
respect of international humanitarian law,
and underscore that all parties must respect international law
and the jurisdiction of the International Court of Justice. I thank you.
Thank you, Mr Ambassador, for your explanations.
And now we give the floor to you, Mr Ambassador of Brazil.
Thank you,
Mr President,
extremely concerned with the gravity of the
human rights situation in the occupied Palestinian territory
since the beginning of the present conflict, we have condemned
the terrorist attacks perpetrated by Hamas.
We have also rejected Israel's disproportionate
and indiscriminate response in Gaza,
which has resulted in an appalling number of deaths, mostly women and Children,
causing hunger
and the destruction of civilians, including health infrastructure.
Brazil will vote in favour of the resolution
under consideration because we believe that credible,
timely and comprehensive accountability for all violations of international law
is fundamental. To break this unrelenting cycle of violence and impunity,
all parties must respect international humanitarian
law and international human rights law.
All violations of human rights must end.
We support the work of the special mechanisms,
including the commission of inquiry and call
upon all parties involved to Co-operate.
Brazil also supports the proceedings presented by South Africa at
the International Court of Justice
and emphasises the importance of the full compliance
with the provisional measures adopted by the court on January 26th
and March 28th
in order to protect and guarantee the rights of Palestinians under the
Convention on the Prevention and Punishment of the Crime of Genocide,
the court's provisional measures are mandatory
and require immediate implementation to ensure the
unhindered provision of basic services and humanitarian assistance
to Palestinians throughout Gaza.
While pursuing justice,
the international community should find ways to heal
the deep wounds of the conflict
and start charting a new political horizon towards peace.
Brazil remains committed to a two state solution
with an economically viable state of Palestine, living side by side with Israel
in peace and security
with mutually agreed and internationally recognised borders,
which includes the Gaza Strip, the West Bank and East Jerusalem as its capital.
I thank you.
I thank you, Mr Ambassador, for your explanation.
Ambassador of de France
I now give you the floor. Mr Ambassador of France.
Thank you, President,
President,
The human toll,
the human rights situation and the
humanitarian situation in Gaza are all catastrophic
and deserve all the attention of the Council. We cannot have.
We
must be objective. We thank the Palestinian delegation for the way in which
they have conducted in terrible circumstances the discussions and work to find
the broadest possible avenue for agreement allowing the text to be changed.
France has been amongst the first to arrive in Gaza to
provide assistance for the Palestinians who cruelly need that assistance.
We continue to call on Israel to allow the flow of massive aid,
including in the opening of the ash
port, a land route from Jordan
and opening of all crossing points. We continue
and will continue to firmly be in opposition to all Israeli offensive in
Rafa.
We will continue to call for an immediate sustainable ceasefire.
We will continue to call for respect for international
law in particular just humanitarian law by all parties
and call for the protection of humanitarian workers in all circumstances.
We will continue
to call for the liberation of all persons detained
and for the fight against impunity.
We also reiterate the principles of responsibility,
justice and accountability for all parties.
However, France
will abstain this year on this text for the
reasons that I will explain the reference to genocide,
first of all, a crime
which we all understand what it means.
We believe it cannot be included in a text of this level of a
resolution of the council without that assessment
that qualification being validated by the appropriate
legal authority.
The international community, however,
must most strongly condemn the terrorist attacks committed
by Hamas and terrorist groups on 7 October,
the
treatment of the victims going as far
as unbearable sexual violence must be denounced.
Israel has the right to defend itself when it faces
attacks from a group that challenge its very existence.
That is a right must be exercised in full respect for international
law which calls for the civilian population to be spared.
Finally,
the hostages still in the Gaza Strip
must be freed immediately and without conditions.
Mr president as we face the tragedy that the
Palestinian people is going through now in Gaza.
France,
which is working with determination on the initiative
of the Security Council since the beginning of
the crisis,
is resolutely committed in favour of ending the Israeli Palestinian conflict.
And we reiterate that only a two state solution,
Israel and Palestine can meet the security needs
of Israel and the Israeli people and the ball
as well as the legitimate hopes of the Palestinian people for their own state.
I thank you Ambassador, for your explanations
to China,
the floor
President.
China welcomes Pakistan presenting draught resolution.
L 30. For the OIC
member states,
the Gaza Strip suffers from unprecedented humanitarian disaster. It
is imperative to ensure the timely and full implementation of the Security Council
resolution on ceasefire in Gaza to achieve immediate ceasefire.
The Palestinian issue has long existed.
Over 70 years have passed,
generations of Palestinians have lost their homes and been displaced.
The long cherished dream of an independent Palestine state is still out of reach.
This is a wound on the conscience of mankind.
The international community should bring justice to the Palestine
people as soon as possible,
and support the protection of the human rights of Palestine people.
China has always firmly supported the just cause of
the Palestinian people to restore their legitimate national rights.
We support the establishment of a fully sovereign and independent Palestine state
based on the 1967 borders with the East Jerusalem as its capital,
and firmly opposes the forced transfer of the Palestinian people
and the occupation of the
Palestinian land. China calls on all parties to faithfully implement
the resolution of the GA,
the Syria Council and the Human Rights Council
on the rights of the Palestinian People,
and urges Israel
to investigate and hold to account the violations of the
human rights of the Palestinian people and compensate their victims.
In view of the above, China will vote in favour of the draught resolution of L 30
calls on other members of the council to do the same. Thank you, Mr President.
Thank you, sir, for your explanations and give the floor to Argentina. Mr.
Ambassador.
Mm
much
gracias.
Thank you very much. Mr President,
we are concerned and deeply hurt by the
duration of the humanitarian situation occupied Palestinian territory,
particularly Gaza.
And we call for an immediate and continuous cease fire that
would allow for the arrival of humanitarian assistance to people affected.
We call on parties to the conflict to respect international human rights law
and international humanitarian law,
including fundamentally the obligation to protect
the civilian population in armed conflicts.
We strongly condemn the death of adults, Children,
humanitarian workers and journalists, among others.
This situation is absolutely inadmissible.
This is a true tragedy, one before which we cannot remain indifference for if we did,
if we would be collectively witnessing
international complicity through silence.
On the other hand, Argentina also unequivocally rejects terrorist attacks
perpetrated by Hamas on October 7th against Israel and taking hostages
while recognising Israel's rights to legitimate defence.
The hundreds of L
lost
the wounded.
The pain of their family and friends for this cruelty makes no sense at all.
We call on the hostages in Hamas hand to be released without conditions
and to provide it with dignity and medical needs,
and that the International Red Cross Committee
be allowed to visit them immediately.
Having said all of this, Mr President,
here we're not considering the tragic situation on the ground which has
been clearly described We are rather analysing the text that the letter,
the content of a draught resolution
L 30
the human rights situation and occupied Palestinian territory included in
eastern Jerusalem and the need to guarantee accountability and justice
presented during this session,
which is why we believe that the text in and
of itself is not balanced mainly for the lack of an
explicit mention to Hamas and its terrorist activities which did
not start nor end with the atrocities of October 7th.
This is
and oversight that we cannot overlook,
which is why we will vote against the draught resolution
and we urge other delegations to do as well.
Argentina reiterates that the only true long lasting solution to
the conflict will come with the emergence of an independence,
democratic,
viable and territorially contiguous territory of
Palestine that would guarantee the right
of Israel to live peacefully within safe and internationally recognised borders.
We believe that the UN as a whole must maximise
its efforts and urge parties to move in that direction,
particularly because
in the UN, the we have had the necessary bodies and mechanisms to consider
the management of Palestine,
and we have committed to long lasting peace between Palestine and Israel.
It is up to us to take on the
political amendment to do that without excuses nor delays.
Thank you. So
I then have Germany. Mr.
Ambassador, you have the floor,
Mister President,
we share the sense of urgency regarding the situation in Gaza
that the resolution before us expresses
We are gravely concerned about the catastrophic situation in
Gaza and deplore the suffering of innocent civilians.
Therefore,
Germany works relentlessly for an improvement of
the humanitarian situation and a diplomatic solution.
We hold that Israel's actions in exercising its right to defend against
against arms attacks by the terrorist
group Hamas must respect international humanitarian law
and human rights law.
We call upon Israel to adhere to the provisional measures the International
Court of Justice has ordered on January 26th and March 28th,
2024.
Israel has the obligation to minimise the impact of the hostilities on civilians,
including in Rafah,
and to allow for sufficient humanitarian assistance to reach people in need.
Therefore, we have actively engaged in the consultations on this resolution.
Together with the European Union,
we acknowledge the willingness of the Palestinian delegation to
accommodate a number of improvements in the text.
However,
the resolution refrains from mentioning Hamas
and denies Israel the exercise of its right to self
defence in accordance with Article 51 of the UN Charter.
The ICJ's advisory opinion of 2004 mentioned in the
resolution refers to the situation in the West Bank
and is not applicable to the situation of October 7th 2023.
Furthermore, the resolution insinuates that Israel engages in apartheid
and it accuses Israel of collective punishment,
deliberate targeting of the Palestinian civilian population and
applying starvation as a method of warfare.
While we believe that such allegations require their
investigation as a result of such investigations,
should not be prejudged in a resolution of this council.
Therefore, we will vote no on this resolution.
Thank you.
I thank you, missus. Ambassador,
for your explanations
I don't have any other requests for explanation of vote before the vote
if I see none
Then
at
the request of the delegation of the United States,
I call for a vote on this text
and request from the Secretariat to open the machine
for delegations to express their vote.
The vault is closed
And then
Resolution
L, 30
is adopted by the Council by 28
years.
13.
I request
to let me just announce the result for the council, if you
wish so, please.
So the results
are
like
it follows?
Yes, 28 abstention. 13
and now six. Then the resolution is adopted by the Council.
I
now request
the delegations
who will wish
to have explanations of vote after the vote
on vote resolutions adopted under agenda Item two.
Are there
any
Algeria?
You have the floor
chain.
Thank you.
My delegation would like to thank the main sponsors
of, uh,
this resolution. We thank them for the consultations
held. Uh, we believe that human dignity are at the core of all human rights.
Uh,
we express our condemnation for any manifestation
of human rights violations and violations of
fundamental freedoms anywhere in the world.
Everybody has the right to exercise
their human rights without any discrimination.
We are fully aware of the need to take into regard
the situation of human rights in South Sudan.
We
voted against the resolution
because it could lead to contrary effects than those desired
and may not improve human rights in South Sudan.
therefore,
it is important to have a constructive dialogue with the concerned country
in order to address human rights in the country.
We also
found
that the
decision of under Item 10 on south Sudan,
which
receives the support of the concerned country.
We commend the African initiative
to
participate in achieving a sustainable peace,
including through technical assistance and capacity building.
We also express our concern
at the increasing polarisation and politicisation in this council.
We refuse any practises that could detract the council from its
reason for existence, which is the protection promotion of human rights.
When looking into the situation of human rights,
we must do so universally objectively
in a matter that is indivisible, far from any double standards or selectivity.
We regret that some states have double standards with regard
to the
opt.
This reflects a non credibility when dealing with human rights in the council.
How can this council not take real actions within its mandate
the core of its mandate, which is to preserve the right to life,
to security, to protect vulnerable groups from war crimes and crimes
of genocide perpetrated by the Israeli occupation in Gaza
and other occupied Palestinian territories,
and in the last six months we have over 30,000 martyrs.
Thank
you,
Mr Ambassador
of the Netherlands.
Mister President
Good morning.
The Kingdom of the Netherlands is appalled by the immense
suffering of civilians due to the humanitarian crisis in Gaza.
We condemn the terrorist attacks by Hamas on
7 October and the escalation of violence.
Following from this,
it is crucial that an immediate ceasefire is
implemented in line with UN Security Council Resolution 2728
and Resolution 2720
to put an end to the suffering and all hostages
are released.
The Kingdom of the Netherlands strongly supports the need for a massive increase in
humanitarian assistance and the need for accountability
and justice for violations of international law
in line with several elements in this resolution.
The letter applies to all parties to this conflict.
However,
there are several elements in this resolution we do not agree with,
including language that pre empts current judicial investigations into alleged
breaches of international humanitarian law.
The Netherlands also has serious reservations with regard to the references
to the right of self defence and the transfer of military equipment
the Netherlands assesses transfer of military equipment with special caution
and vigilance on a case by case basis in line with
our obligations under the Arms trade Treaty and the EU
Council Common position on exports of military technology and Equipment.
Given the fact Mr President
that the Kingdom of the Netherlands finds
elements in this resolution it agrees with
and elements it does not agree with,
the Kingdom of the Netherlands has decided to vote.
Abstain on this resolution.
Thank you.
I thank you, Mr Ambassador, for your explanation.
I now give you the floor Mr Ambassador of Paraguay.
Jey
them
do
Thank you very much, Mr President
on resolution. L 30
recently approved
would have been best to approve it by consensus and consensus is only possible
when the proposal includes or considers all
facets of the situation that it addresses
with the proper balance.
That was not the case
given that the resolution
fails to mention the terrorist attacks of October 7th
and merely speaks of hostages
is still kept hostage.
In the opinion of Paraguay, it does not consider the whole picture
which led our country to vote against a
consensus that leads to long lasting peace will arrive when this
council will manage to consider all of these elements simultaneously.
Thank you
for your explanation.
Ambassador of Luxemburg
has a
floor.
Thank you, Mr President.
Luxembourg welcomes all efforts made by the delegation of the Observer
state of Palestine and the O IC in preparing resolution.
All 30
my delegation voted in favour of this resolution.
Given the critical need of this, uh, and the situation on the ground,
my delegation recalls that the European Council at
the level of heads of state and government
rejected in the strongest terms the criminal atrocity is perpetrated
by Hamas and other army groups on October 7th last.
We also acknowledge Israel's responsibility to protect its
population as well as its right to defend itself
according to international law and international humanitarian law.
Which is why we would like to dissociate ourselves from the statement of OP 13.
Additionally, it is not understandable why any state should deliver weapons,
munitions or other military material to Israel,
but will continue to do so for Hamas.
We remain deeply concerned by the
disastrous humanitarian situation in Gaza and its
disproportionate effect on civilians, particularly Children,
as well as the imminent risk of famine
due to the obstruction of humanitarian assistance
through swift, sure and without hindrance.
Humanitarian assistance to all parts of Gazan through all routes,
mainly land routes is essential.
We also call the government of Israel to
know not launch a military land offensive in Rafah.
Lastly,
we hope that the council will be able to play its role in the area of prevention,
but also in the promotion and protection of human rights in all circumstances.
The dire
urgency of the situation in Gaza, but also in the West Bank and in East Jerusalem
demands that we act. Thank you.
Thank you for your statement. Ambassador.
She's an ambassador.
Mr President Finland thanks the Mission of Palestine
for its constructive engagement in resolution L 30
on the obligation to ensure accountability and
justice in the occupied Palestinian territory,
including east Jerusalem.
We have voted in favour of this resolution.
Finland urges Israel to comply with
the full span of international humanitarian law
and with the legally binding orders issued by the International Court of Justice,
including the order issued on 28 March
in view of the worsening conditions of life faced by Palestinians in Gaza
in particular the spread of famine and starvation.
With regard to paragraph 19 of the resolution,
Finland notes that the applicability of Article 59 of the UN Charter
is not for the Human Rights Council to determine
in this regard. We recall the advisory opinion of the
ICJ on the legal consequences of the construction of the wall
in the occupied Palestinian territory,
in which the court concluded that Article 51 of the Charter has no relevance.
In that case,
Finland is fully committed to respect and
to ensure respect for international humanitarian law
and to the fulfilment of obligations under arms trade treaty
regulating international trade in conventional arms as well as the
VAR arrangement established to promote
transparency and greater responsibility in
transfers of conventional arms and dual use goods and technologies.
Thank you.
I thank you, Mrs Ambassador, for your explanations equally,
I now give the floor to you.
Mister Ambassador of Ghana,
Mr President
Ghana abstained from the vote on the resolution on advancing human rights
in south Sudan
because we believe
that continued engagement
between this council and the South Sudanese authorities
are necessary
to advance human rights in South Sudan.
We note the concerns of the South Sudanese authorities
and believe that those concerns and the importance of respecting the principles,
modalities and mechanisms of the human rights systems
are not mutually exclusive.
We believe that finding agreement on recommendations
for setting up institutions or fact finding missions
are a central pillar of the human rights architecture
and the necessary condition
for safeguarding utility
relevance and value of the Human Rights Council.
We nonetheless commend the pen holder
and the members of the core group
for their hard work and willingness
to push the frontiers of constructive engagement
with all members of the Council and with South Sudan in particular.
We believe that
the positive approach
has halved a great deal
to narrow the scope of disagreements
and will provide the conditions required
for further engagement with the leadership of south Sudan
in transition in the country
through the present delicate stage of the
implementation of the revitalised peace agreement,
Mr President.
Like others,
Ghana also recognises that
more must be done
to improve the livelihoods of the South Sudanese people
as well as their access to justice.
Attention must be paid
to victims of abuse and unfair treatment,
especially those relating to sexual violence.
We therefore encourage the South Sudanese authorities
to remain committed to building the relevant state institutions
whose work and mandates
remain critical
to realising the aspirations of the South Sudanese people.
Finally, the international
community cannot afford continuing divisions and polarisation
over the security and humanitarian situation
prevailing in some parts of south Sudan,
where in some instances communal violence is rife
and impunity still remain unpunished.
Ghana,
therefore urges a unified and a consensus
approach on matters concerning south Sudan.
Thank you.
I thank you, Mr Ambassador.
With that, we have concluded the consideration of the items
under item two of the agenda and we will
now pursue with the consideration of remaining resolutions.
under item three,
we will now consider resolution L 0.18 rev one
rights of the child
realising the rights of the child and including