UN Human Rights Council decided to dispatch (paragraph 9) an independent international fact-finding mission to investigate the implications of the Israeli settlements on the rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem.
"Human Rights Council
Nineteenth
session
Agenda item 7
Human
rights situation in Palestine
occupied Arab territories
19/… Israeli settlements in the Occupied
Palestinian Territory, including East Jerusalem, and in the Occupied Syrian
Golan
The Human Rights Council,
Guided by the
principles of the Charter of the United Nations and affirming the
inadmissibility of the acquisition of territory by force,
Reaffirming that all States have an
obligation to promote and protect human rights and fundamental freedoms, as
stated in the Charter and elaborated in the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other applicable
instruments,
Recalling relevant resolutions of the
Commission on Human Rights, the Human Rights Council, the Security Council and
the General Assembly, reaffirming, inter alia, the illegality of the Israeli
settlements in the occupied territories, including in East
Jerusalem ,
Mindful that Israel is a party to the fourth
Geneva Convention relative to the Protection of Civilian Persons in Time of
War, of 12 August 1949, which is applicable de jure to Palestinian and all Arab
territories occupied by Israel since 1967, including East Jerusalem and the
Syrian Golan, and recalling the declaration adopted by the Conference of High
Contracting Parties to the Fourth Geneva Convention, held in Geneva on 5
December 2001,
Considering that the
transfer by the occupying Power of parts of its own civilian population into
the territory it occupies constitutes a breach of the Fourth Geneva Convention
and relevant provisions of customary law, including those codified in
Additional Protocol I to the Geneva Conventions of 12 August 1949,
Recalling the advisory opinion rendered
on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a
Wall in the Occupied Palestinian Territory, and its
conclusion that the Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem, were established in breach of international law,
Recalling also General Assembly
resolution ES-10/15 of 20 July 2004 and other relevant United Nations
resolutions,
Affirming that the
Israeli settlement activities in the Occupied Palestinian Territory, including
in East Jerusalem, are illegal under international law and constitute very serious
violations of international humanitarian law and of the human rights of the
Palestinian people therein, and undermine international efforts, including the
Annapolis Peace Conference of 27 November 2007 and the Paris International
Donors’ Conference for the Palestinian State of 17 December 2007, aimed at
invigorating the peace process and establishing a viable, contiguous, sovereign
and independent Palestinian State by the end of 2008,
Recalling the
statement made by the Quartet on 21 September 2010 and its attachment to the
implementation by the parties of their obligations under the Quartet road map
to a permanent two-State solution to the Israeli-Palestinian conflict, and
noting specifically its call for a freeze on all settlement activities,
Expressing its grave concern
about the continuation by Israel, the occupying Power, of settlement building
and expansion in the Occupied Palestinian Territory, including in East
Jerusalem, in violation of international humanitarian law and relevant United
Nations resolutions, including plans to expand and connect Israeli settlements
around Occupied East Jerusalem, thus threatening the creation of a contiguous
Palestinian State,
Expressing its concern that continuing
Israeli settlement activity undermines the realization of a two-State solution,
Expressing grave concern about the
continuing construction, contrary to international law, by Israel of the wall
inside the Occupied Palestinian Territory, including in and around East
Jerusalem, and expressing its concern in particular about the route of the wall
in departure from the Armistice Line of 1949, which could prejudge future
negotiations and make the two-State solution impossible to implement and which
is causing the Palestinian people further humanitarian hardship,
Deeply concerned that the wall’s route
has been traced in such a way as to include the great majority of the Israeli
settlements in the Occupied Palestinian Territory ,
including East Jerusalem ,
Expressing its concern at the failure of
the Government of Israel to cooperate fully with the relevant United Nations
mechanisms, in particular the Special Rapporteur on the situation of human
rights in the Palestinian
Territories
1. Welcomes
the Council of the European Union conclusions on the Middle East Peace Process
of 8 December 2009, in which the European Union Council of Ministers reiterated
that settlements, the separation barrier where built on occupied land,
demolition of homes and evictions are illegal under international law,
constitute an obstacle to peace and threaten to make a two-state solution
impossible, and particularly its urgent call upon the government of Israel to
immediately end all settlement activities, in East Jerusalem and the rest of
the West Bank, and including natural growth, and to dismantle all outposts
erected since March 2001;
2. Welcomes
with appreciation the statements made by the majority of the States Members
of the United Nations on the illegality of settlement activities in the
Occupied Palestinian territory, including East Jerusalem, and reaffirming the
urgent calls by the international community upon the Government of Israel to stop
immediately all settlement activities, including in East Jerusalem;
3. Condemns
the recent Israeli announcements of the construction of new housing units for
Israeli settlers in the West Bank and around occupied East Jerusalem, as they
undermine the peace process, constitute a threat to the two-State solution and
the creation of a contiguous, sovereign and independent Palestinian State, and
are in violation of international law, and calls upon the Government of
Israel to reverse immediately its decisions, which would further undermine and
jeopardize the ongoing efforts by the international community to reach a final
settlement compliant with international legitimacy, including relevant United
Nations resolutions;
4. Expresses
its grave concern at:
(a) The
continuing Israeli settlement and related activities, in violation of
international law, including the expansion of settlements, the expropriation of
land, the demolition of houses, the confiscation and destruction of property,
the expulsion of Palestinians and the construction of bypass roads, which
change the physical character and demographic composition of the occupied
territories, including East Jerusalem and the Syrian Golan, and constitute a
violation of the fourth Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, and in particular article
49 of that Convention, and recalls that settlements are a major obstacle to the
establishment of a just and comprehensive peace and to the creation of an independent,
viable, sovereign and democratic Palestinian State;
(b) The
increasing number of newly built structures, in 2008, 2009, 2010, 2011 and 2012
amounting to several thousands, including a large number of permanent buildings
and structures, which undermine the efforts of the international community to
advance the Middle East peace process;
(c) The
implications for the final status negotiations of Israel ’s
announcement that it will retain the major settlement blocks in the Occupied Palestinian
Territory , including the settlements
located in the Jordan
Valley
(d)
The expansion of Israeli
settlements and the construction of new ones on the occupied Palestinian
territory rendered inaccessible behind the wall, which create a fait accompli
on the ground that could well be permanent, in which case it would be
tantamount to de facto annexation;
(e) The
Israeli decision to establish and operate a tramway between West
Jerusalem and the Israeli settlement of Pisgat Zeev which is in
clear violation of international law and relevant United Nations resolutions;
5. Urges
Israel
(a) To
reverse the settlement policy in the occupied territories, including East
Jerusalem and the Syrian Golan, and, as a first step towards their
dismantlement, to stop immediately the expansion of the existing settlements,
including “natural growth” and related activities, including in East Jerusalem ;
(b) To
prevent any new installation of settlers in the occupied territories, including
in East Jerusalem ;
6. Calls
upon Israel to take and implement serious measures, including confiscation
of arms and enforcement of criminal sanctions, with the aim of preventing acts
of violence by Israeli settlers, and other measures to guarantee the safety and
protection of the Palestinian civilians and Palestinian properties in the
Occupied Palestinian Territory, including East Jerusalem;
7. Demands
that Israel
8. Urges
the parties to give renewed impetus to the peace process in line with the Annapolis Peace Conference
and the Paris International Donors’ Conference for the Palestinian State, and
to implement fully the road map endorsed by the Security Council in its resolution
1515 (2003) of 19 November 2003, with the aim of reaching a comprehensive
political settlement in accordance with the resolutions of the Security
Council, including resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22
October 1973, 446 (1979) of 22 March 1979, 452 (1979) of 20 July 1979, 465
(1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August
1980, 1397 (2002) of 12 March 2002, 1515 (2003) of 19 November 2003 and 1850
(2008) of 16 December 2008, and other relevant United Nations
resolutions, the principles of the Peace Conference on the Middle East, held in
Madrid on 30 October 1991, the Oslo Accords, the Arab Peace initiative and
subsequent agreements, which will allow two States, Israel and Palestine, to
live in peace and security;
9. Decides
to dispatch an independent international fact-finding mission, to be appointed
by the President of the Human Rights Council, to investigate the implications
of the Israeli settlements on the civil, political, economic, social and
cultural rights of the Palestinian people throughout the Occupied Palestinian
Territory, including East Jerusalem, with a mandate ending on submission of a report
to the Council, and calls upon Israel, the occupying Power, not to obstruct the
process of investigation and to cooperate fully with the mission;
10. Requests
the Secretary-General and the United Nations High Commissioner for Human Rights
to provide all administrative, technical and logistical assistance to enable
the mission to fulfil its mandate promptly and efficiently;
11. Requests
the Secretary-General to report on the implementation of the present resolution
at its twentieth session;
12. Decides
to remain seized of the matter.
* Non-Member State
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