I. INTRODUCTION
The United Nations Commission on Human Rights (UNCHR) constitutes the main UN organ in
the field of development and implementation of human rights. The Commission, which is
comprised of 53 States and holds an annual session, may also be called into a Special Session by
its members as was the case for the Fifth Special Session on 'The situation in the occupied
Palestinian territories' that took place from October 17th - 19th, 2000. Following this, the regular
57th Session of the Commission was held in Geneva from March 19th to April 30th, 2001 with the
participation of more than 3,000 delegates from member and observer States and NGOs. Item 8
of the Commission's agenda, the 'Question of the violation of human rights in the occupied Arab
territories, including Palestine' is the focal point of the debate on issues relating to Palestine,
although they are also debated under other items such as Item 5 on 'The rights of peoples to self-
determination and its application to peoples under colonial or alien domination or foreign
occupation' or Item 9 on the 'Question of the violation of human rights and fundamental freedoms
in any part of the world'.
II. THE FIFTH SPECIAL SESSION OF THE UNCHR ON THE SITUATION IN THE
OCCUPIED PALESTINIAN TERRITORIES (OCTOBER 17-19, 2000)
Following the outbreak of the second Palestinian uprising, a Special Session of the Commission
on the situation in the occupied Palestinian territories took place in October 2000, after
authorisation by 47 of the Commission's 53 member States. The Commission of the Churches on
International Affairs (CCIA) hosted a delegation comprised of representatives of member
churches in Palestine which provided first hand information and analysis to participants at the
Special Session on the situation in Israel/Palestine. They included Archimandrite Theodosios
Hanna of the Greek Orthodox Patriarchate of Jerusalem representing His Beatitude Patriarch
Diodoros, His Grace Rt. Rev. Riah Abu El-Assal, Bishop of the Episcopal Church in Jerusalem
and the Middle East and Mr. Marwan Bishara, author and journalist from Nazareth and a research
fellow of the Ecole des Hautes Etudes en Sciences Sociales in Paris.
They were accompanied by Father George Tsetsis from the Ecumenical Patriarchate of
Contstantinople and member of the WCC Central and Executive Committees along with staff
from the WCC team. Three other invitees were unable to join the delegation in Geneva due to the
military closure of the Palestinian territories. They were Ms. Jean Zaru, a Quaker from Ramallah
and vice-chair of the board of Sabeel Ecumenical Liberation Theology Centre, Jerusalem, Mr.
Constantine El'Dabbagh of Gaza, from the Department for Services for Palestinian Refugees of
the Middle East Council of Churches and Ms. Nahed Awwad of Beit Sahour from The Palestinian
Centre for Rapprochement between People (a WCC Peace to the City network partner).
WCC written submission
The statement further mentioned that the WCC welcomed the decision of the Security Council in
Resolution 1322 (2000) that stressed "the importance of establishing a mechanism for a speedy
and objective inquiry into the tragic events of the last few days with the aim of preventing their
repetition". It said that such an investigation could provide an essential beginning to revealing,
sharing and mutually accepting the truth about past systemic violations of people's rights, a
necessary process if justice, peace and reconciliation between Israeli Jews and Palestinian
Christians and Muslims is to be achieved.
In its first recommendation to the Session, the WCC asked that the UNCHR respond to
Resolution 1322 and contribute within its mandate to the undertaking of such an inquiry. It also
recommended that the Commission continues to support the work of the Special Rapporteur on
the Question of Violation of Human Rights in the Occupied Arab Territories and encourage the
Special Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories to continue and intensify its work. The
Commission was further asked to reiterate its demand that Israel cooperate fully with these
investigations.
It further requested that the Commission encourage the Working Group on Minorities of the Sub-
Commission on the Promotion and Protection of Human Rights to investigate systematic
violations of the human rights of the Palestinian minority in Israel and follow up the work on
impunity of the Sub-Commission on the Promotion and Protection of Human Rights with respect
to holding states and individuals suspected of having committed mass violations of the right to
life accountable for their acts. Finally it recommended that the Commission reiterate its demand
that Israel fully comply with its obligations under the Fourth Geneva Convention.
WCC oral statement, public briefings and call for prayer
The WCC also organised meetings with the press and sponsored two briefings at the Palais des
Nations on the 17th and 18th of October in which members of the hosted delegation had the
opportunity to share information and views regarding the situation in the region with diplomats,
NGOs and the press. Moreover, the WCC Public Information team gave a wide coverage of the
WCC's contribution to the Special Session through continuous press releases and updates.
At a final briefing held at the Ecumenical Centre on October 19th, WCC delegation member
Archimandrite Theodosios Hanna called on churches around the world to have special prayers
beginning on Sunday October 22nd for the Palestinian people living under occupation, Christian
and Muslim, and for "a real and whole peace in the Middle East". Speaking on behalf of the
churches in Jerusalem and Arab Christians, Archimandrite Theodosios also said that the churches
needed to commit themselves "to help make visible the suffering of the Palestinian people". He
added that "all the churches have their voice and if they could speak out for justice and rights, this
would make a difference". Acting WCC General Secretary George Lemonopoulos lifted up
Archimandrite Theodosios' call and encouraged WCC member churches to join in prayer,
recalling the September resolution of the WCC Executive Committee "to remain constant in
prayer and in solidarity with the local churches for a just peace in Jerusalem and for the whole of
the Middle East".
Mission Report by the UN Special Rapporteur
Resolution S-5/1 of 19 October 2000 of the Fifth Special Session (appended)
The resolution was adopted with 19 in favour and 16 against, with 17 abstentions.
Countries in favour: Bangladesh, Bhutan, China, Cuba, India, Indonesia, Madagascar, Mauritius,
Morocco, Niger, Pakistan, Philippines, Qatar, Senegal, Sri Lanka, Sudan, Swaziland, Tunisia and
Venezuela.
Follow-up of the Special Session
The WCC was asked to play an active role at the Commission and International Affairs, Peace & Human Security to
make an oral intervention under Item 8.
Furthermore, a preparatory off-the-record briefing on the human rights situation in Palestine was
hosted for diplomats, UN agencies and selected Geneva-based NGOs where representatives of
Palestinian and Israeli human rights organisations provided an update of the human rights
situation on the ground as well as an analysis of the current political context. In anticipation of the
57th session, the WCC also facilitated meetings for the contributors to the briefing with permanent
representatives to the UN as well as with the Office of the High Commissioner for Human Rights.
During these sessions the urgent human rights situation in the OPT was highlighted and views
were exchanged on the approach and expectations for the UNCHR.
III. THE 57th SESSION OF THE UNCHR (MARCH 19 - APRIL 27, 2001)
The Role of the WCC
As part of its effort to support partner human rights organisations and experts who had also met
with the Inquiry Commission and the High Commissioner in the region, International Affairs, Peace & Human Security
closely cooperated with LAW - The Palestinian Society for the Protection of Human Rights and
the Environment, who was the main coordinator of the Israeli and Palestinian human rights
organisations at the Commission. Besides the provision of logistical assistance and the setting up
of meetings with diplomats, International Affairs, Peace & Human Security also facilitated a meeting of the WCC and
LAW with High Commissioner Mrs. Mary Robisnon. The purpose was to brief the High
Commissioner on the most recent developments in the human rights situation in Israel and the
OPT and also to seek her views and advice on her office's potential capabilities in the provision of
international presence to ensure protection of the Palestinian people in view of a possible
resolution to this effect.
WCC International Affairs, Peace & Human Security also worked closely with international and Palestinian human rights
organisations present at the Commission in lobbying efforts and remained in close contact with
the churches in Jerusalem. In addition an advocacy alert (press update appended) was sent out to
churches and ecumenical partners in Europe calling on them to support the draft resolution. This
was done after indications that, in spite of the EU governments' full awareness of the violations
that have been taking place in the OPT and Israel and of the dangers of the deteriorating situation,
"the best" the EU CHR members might do is abstain from voting on the resolution. Church
partners in Europe were therefore called upon to ask their governments to urgently reconsider
their position in the Commission. The response from the churches and ecumenical partners was
encouraging, with several of them communicating their regret and concern to their respective
governments for its stance at the Commission.
UN Reports on the Question of the violation of human rights in the occupied Arab
territories, including Palestine
The Commission also had before it the report of the High Commissioner for Human Rights on her
visit to the occupied Palestinian territories, Israel, Egypt and Jordan from 8 to 16 November 2000
which concludes, among other things, that:
Further to the Special Rapporteur's mission report on 'Israel's violations of human rights in the
Palestinian territories occupied since 1967', submitted to the Commission at its fifth Special
Session in October 2000, an update to this report was presented to the 57th session.
In this update, the Special Rapporteur Mr. Giorgio Giacomelli draws attention to the
determinations of the treaty bodies reaffirming that Israel has maintained 'effective control' in all
of the occupied Palestinian territories and therefore holds treaty obligations to implement human
rights there. Moreover, he indicates that, among others, the Israeli military have continued to use
excessive force in the form of live ammunition, rubber-coated metal bullets and tear gas against
civilian demonstrators and bystanders. This disproportionate and unrestrained use of force has
increased the Palestinian civilian death toll and injuries dramatically, reportedly killing some 400
Palestinians since 28 September 2000 and injuring as many as 14,000.
The report identifies certain violations that have evolved from sporadic occurrences to systematic
human rights violations, namely:
The WCC's written submission to the Session (full text appended) stated that Israel had often
ignored or openly violated UN resolutions and reports thus delaying and denying justice to the
Palestinian people. It indicated that in the post-Oslo period Israel had maintained and even
accelerated a policy of unilaterally changing 'facts on the ground' including confiscation of
identity cards, house demolition, expansion of illegal settlements and repeated closures restricting
Palestinian movement. The consequence of such systematic violations of human rights and
repeated defiance of international law, the statement continued, has been to incite violence and
deny peace and security to both peoples.
During the first day of the session, Father Tsetsis made an oral intervention on the WCC's behalf
highlighting significant elements of the written statement and adding that for too long the
ministries of the churches in the Holy Land had been the victims of injustice due to displacement,
abject poverty and the systematic violation of human rights. He told the Session that even though
the churches have never failed to bring a message of hope and the promise of peace given by
God, the consistent defiance of international law and the admonitions of the international
community on behalf of the occupying power had made holding fast to this message a very
difficult task. Father Tsetsis also quoted from Latin Patriarch Michael Sabbah's words who was
speaking on behalf of his fellow Patriarchs and heads of the thirteen churches in Jerusalem at a
service of Ecumenical Prayer for Peace. "Our destiny is freedom in our land", he cited, "and
hence tranquility and security for all, Palestinians and Israelis alike". He ended by a call "to
conversion of the heart, of the mind and of the spirit".
Among the significant contributions before the Session was that of Giorgio Giacomelli, the
Commission's Special Rapporteur on the Situation of Human Rights in the Palestinian Territories
Occupied since 1967. Mr. Giacomelli, who had conducted a mission to the region from 11-15
October, underlined the excessive use of force that increased the violence and civil unrest. His
report mentions that "the Occupying Power has dramatically escalated the use of lethal force
against civilian population" with 85 Palestinians dead, of whom more than 20 were children
under 18, and up to 3700 injured in the first two weeks of the current crisis. The report also
elaborates on methods of the use of force including troops using "machine guns, deployed
tanks...rockets and antitank missiles" and firing from "helicopter gunships and naval vessels". It
further mentioned the denial of emergency medical aid to victims because of obstruction by the
Israeli forces and because of supply shortages due to the exacerbated restrictions on freedom of
movement and the sealing off of Palestinian populated areas. Among the urgent actions
recommended by the Special Rapporteur were the issue of orders consistent with international
humanitarian norms by Israel to all its forces and the establishment of a permanent mechanism to
ensure that these are followed and when not, to determine accountability, assign punishment and
redress violations.
Through resolution S-5/1 of 19 October 2000 on grave and massive violations of the human
rights of the Palestinian people by Israel, which condemned Israel's disproportionate and
indiscriminate use of force, the Commission decided to establish a human rights inquiry
commission to gather and compile information on violations of human rights and acts which
constitute grave breaches of international humanitarian law by the Israeli occupying Power in the
Occupied Palestinian Territories (OPT). It further decided to request the UN High Commissioner
for Human Rights to undertake an urgent visit to the OPT and to ask several Special Rapporteurs
including the rapporteurs on extrajudicial, summary or arbitrary executions, the question of
torture and contemporary forms of racism to carry out immediate missions to the OPT and report
their findings to the Commission at its fifty-seventh session.
Countries against: Canada, Czech Republic, France, Germany, Guatemala, Italy, Japan, Latvia,
Luxembourg, Norway, Poland, Portugal, Romania, Spain, United Kingdom and United States.
Abstentions: Argentina, Botswana, Brazil, Burundi, Chile, Colombia, Congo, Ecuador, El
Salvador, Mexico, Nepal, Nigeria, Peru, Republic of Korea, Russian Federation, Rwanda, and
Zambia.
As a follow-up of the WCC's participation at the Special Session and also of the WCC Central
Committee's February 2001 statement on 'The situation in the Holy Land after the outbreak of the
second Palestinian uprising' (appended), an ecumenical gathering was organised by International Affairs, Peace & Human Security on March 1st 2001 with the participation of churches and partner agencies working on
human rights and the Palestinian question from the USA and Europe as well as Palestinian and
Israeli human rights NGOs to discuss, among others, the forthcoming session of the UNCHR.
During the deliberations on Item 8 the WCC/CCIA made an oral statement (full text appended)
outlining the position of the churches on the situation in the Holy Land based on the positions
formulated by the WCC Central Committee in Potsdam in February 2001. Through this the
WCC/CCIA reiterated the grave concern and frustration of the churches with the non-
implementation of countless UN resolutions as well as the accelerating rate of systematic abuse of
their human rights by Israel. It mentioned the alarming calls it is receiving from its member
churches on the ground detailing a desperate situation for both Muslim and Christian indigenous
Palestinians and concluded that only after the occupation and the accompanying violations of
collective human rights end, can the Middle East move towards a real peace process based on the
rule of law and both Israelis and Palestinians be able to walk together along the path of peace,
justice and reconciliation. The statement ended with the hope that the 57th Session of the
Commission of Human Rights will:
- its call upon Israel to put an immediate end to any use of force against unarmed civilians and
to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva
Convention;
- its call upon the international community to put an end to the ongoing violations of the
Palestinian people in the occupied territories, including the military occupation itself;
- its request for the visits of the Special Rapporteurs;
- the establishment of an adequate and effective international presence to ensure full protection
of the human rights of the Palestinian people;
- the need for a negotiated, comprehensive, just and durable peace;"
The Commission had before it the report of the human-rights inquiry commission 1 (full report
Appended) established pursuant to its resolution S-5/1 of 19 October, 2000 which offered several
conclusions and recommendations on the situation in occupied Palestine. Among others it
concluded that:
In terms of the consequences of ongoing violations, the report notes that in the area of economic rights Israeli officials have openly admitted a strategy of restricting the Palestinian economy with the intent and purpose of effecting social control, with the added consequences of Israel's withholding of tax revenues due to the Palestinian Authority. The effect of human rights violations on children is also highlighted as both disproportionate and cumulative, with 145 Palestinian children under 18 killed to the end of February 2001 and more than 2000 injured.
The Special Rapporteur also mentions the high risk of collapse of the Palestinian health system and Israel's territorial fragmentation of the occupied territories which is significantly more severe now with the segmentation of the Gaza strip into four parts, the breaking up of the West Bank into 60 discontiguous zones and the separation of Jerusalem from the rest of the West Bank.
In its conclusion the report re-emphasizes the importance and urgency of international protection for the Palestinian people in the occupied territories.
With regards to the thematic rapporteurs who have asked to visit Israel/Palestine since the adoption of resolution S-5/1 of the October 2000 Special Session, Mr. Giacomelli, notes that as has been the case for himself since his appointment in 1999, the Israeli authorities have not cooperated with them. Lastly, in a message to the Commission, Mr. Giacomelli said he would be resigning as Special Rapporteur.
UNCHR Resolutions
Resolution on the Question of the violation of human rights in the occupied Arab territories,
including Palestine (full text appended)
On 18 April 2001 the Commission adopted resolution E/CN.4/RES/2001/7 on the question of the violation of human rights in the occupied Arab territories, including Palestine by a roll-call vote of 28 in favour to 2 against and with 22 abstentions.
In the resolution the Commission expressed grave concern at the deterioration of the human rights and humanitarian situation in the OPT and went on to condemn the disproportionate and indiscriminate recourse to force by Israel and strongly deplore the practice of so-called 'eliminations' or extrajudicial killings of certain Palestinians carried out by Israeli security forces.
It also expressed grave concern at the closures of and within the Palestinian territories, the large number of persons, including children, detained during recent months and Israeli settlement activities in the occupied territories, including Jerusalem. It further condemned the use of torture against Palestinians during interrogation and the expropriation of Palestinian homes in Jerusalem. The Commission reaffirmed that the Geneva Convention relative to the protection of civilian persons in time of war (Fourth Geneva Convention) was applicable to the Palestinian territory and other Arab territories occupied by Israel and welcomed the efforts of the Swiss government to consult the High Contracting Parties to the Convention on the reconvening of their adjourned Conference with a view to fulfilling the joint obligation to ensure respect for the Convention and to improve the deteriorating humanitarian situation on the ground. It also welcomed the recommendations contained in the reports by the High Commissioner and the commission of inquiry and urged the Israeli government to implement them.
The Resolution calls upon Israel, the occupying Power, to desist from all forms of violation of human rights in the occupied Palestinian territory and to withdraw from the Palestinian territory including East Jerusalem in accordance with relevant UN resolutions and as a basic condition for achieving a just, lasting and comprehensive peace. Finally it called upon the relevant UN organs to urgently consider the best ways to provide the necessary international protection for the Palestinian people until the cessation of the Israeli occupation of its territories.
The result of the vote was as follows:
In favour (28): Algeria, Brazil, China, Colombia, Cuba, India, Indonesia, Kenya, Libyan Arab
Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Pakistan, Peru, Qatar,
Republic of Korea, Saudi Arabia, Senegal, South Africa, Swaziland, Syrian Arab Republic,
Thailand, Venezuela, Viet Nam and Zambia.
Against (2): Guatemala and United States.
Abstentions (22): Argentina, Belgium, Burundi, Cameroon, Canada, Costa Rica, Czech Republic,
Ecuador, France, Germany, Italy, Japan, Latvia, Liberia, Norway, Poland, Portugal, Romania,
Russian Federation, Spain, United Kingdom and Uruguay.
Absent: Democratic Republic of the Congo
Resolutions on Israeli settlements in the occupied Arab territories, human rights in the occupied Syrian Golan, the situation in occupied Palestine and the human rights of the Lebanese detainees in Israel (full texts appended)
Under item 8, the Commission also adopted a resolution on Israeli settlements in the occupied Arab territories, approved by a roll-call vote of 50 in favour to 1 against (United States) and 1 abstaining (Costa Rica), in which it expressed grave concern at continuing Israeli settlement activities, including the expansion of settlements, the installation of settlers in the occupied territories, the expropriation of land, the demolition of houses, the confiscation of property, the expulsion of Palestinians and the construction of bypass roads since these are illegal, constitute a violation of the Fourth Geneva Convention and are a major obstacle to peace. It also expressed grave concerns at the closures of and within the Palestinian territories and strongly condemned all acts of terrorism and violence.
The third and last resolution under item 8, on human rights in the occupied Syrian Golan, was adopted by a roll-call vote of 29 in favour to 2 against and with 21 abstentions. Here the Commission called upon Israel to comply with relevant General Assembly and Security Council resolutions, particularly resolution 497 (1981) in which the Council decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel rescind its decision.
The result of the roll-call vote was as follows:
In favour (29): Algeria, Argentina, Burundi, China, Colombia, Cuba, Ecuador, India, Indonesia,
Libyan Arab Jamahiriya, Madagascar, Malaysia, Mauritius, Mexico, Niger, Nigeria, Pakistan,
Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, South Africa, Swaziland,
Syrian Arab Republic, Thailand, Venezuela, Viet Nam and Zambia.
Against (2): Guatemala and United States.
Abstentions (21): Belgium, Brazil, Cameroon, Canada, Costa Rica, Czech Republic, France,
Germany, Italy, Japan, Kenya, Latvia, Liberia, Norway, Peru, Poland, Portugal, Romania, Spain,
United Kingdom and Uruguay.
A resolution on the situation in occupied Palestine was also passed under Item 5 of the Commission's agenda, 'The rights of peoples to self determination and its application to peoples under colonial or alien domination or foreign occupation', whereby the Commission reaffirmed the inalienable, permanent and unqualified right of the Palestinian people to self-determination, including their right to establish their sovereign and independent Palestinian State; and requested the Secretary-General to transmit the resolution to the Government of Israel.
It was adopted by a roll call vote of 48 in favour to 2 against (United States, Guatemala) with 2 abstentions (Canada, Romania).
Moreover, a resolution was adopted under Item 9 on the 'Question of the violation of human rights and fundamental freedoms in any part of the world' on the human rights situation of the Lebanese detainees in Israel by a roll-call vote of 49 in favour to 1 against (United States) and 3 abstentions (Argentina, Liberia, Romania). The Commission called upon the Israeli Government to comply with the relevant Geneva Conventions, to refrain from holding the abducted Lebanese citizens incarcerated in its prisons as hostages for bargaining purposes and to release them immediately. It further affirmed the obligation for Israel to commit itself to allowing the International Committee of the Red Cross to visit the detainees regularly as well as other international humanitarian organizations to verify their sanitary and humanitarian conditions and the circumstances of their detention. Moreover the resolution called upon the government of Israel to submit to the United Nations Interim Force in Lebanon all the maps of the landmine fields laid throughout the civilian villages, fields and farms, causing casualties among civilians, including children and women, and obstructing the resumption of normal life in the area. Finally the Commission requested the Secretary-General to bring the present resolution to the attention of the government of Israel and to call upon it to comply with its provisions.
WCC Documents
i. WCC written submission to the Fifth Special Session of the UNCHR
(16 October 2000)
UNCHR Fifth Special Session Resolution
v. Resolution S-5/1
(19 October 2000)
Resolutions and Reports of the 57th Session of the UNCHR
vi. Resolution on the situation in occupied Palestine - Item 5 (5 April 2001)
1 The members of the Inquiry Commission, who were appointed in December 2000 by the Chairman of the
Commission on Human Rights following consultations with the Commission's Bureau and regional groups,
are Professor John Dugard (South Africa) of Leiden University, Holland, Professor Richard Falk (United
States) of Princeton University, United States and Dr. Kamal Hossein (Bangladesh), a former Foreign
Minister of Bangladesh.
IV. APPENDIX
ii. WCC Central Committee Minute on the Situation in the Holy Land after the
Outbreak of the Second Palestinian Uprising (5 February 2001)
iii. WCC oral statement on Item 8 at the 57th Session of the UNCHR (29 March 2001)
iv. WCC press update on advocacy alert during the 57th Session of the UNCHR (17 April 2001)
vii. Resolution on the question of the violation of human rights in the occupied Arab territories, including Palestine - Item 8 (18 April 2001)
viii. Resolution on Israeli settlements in the occupied Arab territories - Item 8 (18 April 2001)
ix. Resolution on human rights in the occupied Syrian Golan - Item 8 (18 April 2001)
x. Resolution on the human rights situation of the Lebanese detainees in Israel - Item 9 (18 April 2001)
xi. Human Rights Inquiry Commission report (16 March 2001)