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HRC53: Human Rights Council resolution OPT 14 July 2023
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Statements | OHCHR , UNOG
HRC 53: Resolution on human rights situation in the Occupied Palestinian Territory (OPT) - 14 July 2023
Speakers:
- Mr. Václav Bálek, President of the Human Rights Council
- Representatives:
- Pakistan (on behalf of the OIC), Mr. Khalil ur Rahman Hashmi (Introduction)
- United States of America, Ms. Michèle Taylor
- Israel (Country Concerned), Ms. Meirav Eilon Shahar
- State of Palestine (State Concerned), Mr. Ibrahim Khraishi
- Czechia, Ms. Jitka Brodská
- China, Mr. Chen Xu
Vote of resolution
By a vote of 31 in favour, 3 against and 13 abstentions, the Council adopted resolution (A/HRC/53/L.24/Rev.1) on the implementation of Human Rights Council Resolution A/HRC/RES31/36, recalling that the Council requested the United Nations High Commissioner for Human Rights to produce a database of all business enterprises involved in the activities detailed in paragraph 96 of the report of the independent international fact-finding mission 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. The Council requested the Secretary-General to allocate the necessary financial and human resources to ensure that the mandate requested in Council resolution 31/36, was fully implemented.
Teleprompter
And now we will proceed with the draught proposal L 24 Ref 1 Implementation of Human Rights Council Resolution 31 slash 36.
And let me invite Pakistan to introduce the text.
Pakistan, you have the floor.
Thank you, Mr.
President, on behalf of the OIC Member States and Co sponsors, I have the honour to introduce the draught resolution entitled Implementation of Human Rights Council Resolution 31 slash 36 as contained in document L24 Rev One.
After the postponement of the presentation of the draught text, we approached the **** Commissioner and received the necessary clarification.
The objective behind tabling L24 Rev 1 is to ensure meaningful operationalization of the Council's Resolution 31/16 of 2016 that had requested the **** Commissioner to produce a database of all business enterprises involved in the illegal settlement activities annually, except for 2020 and 2023.
The full implementation of the mandate has been derailed primarily due to lack of political will and bureaucratic and budgetary obstacles.
The chronic under implementation of Resolution 31 slash 36 is a matter of serious concern for the OSC Group.
It is undermining the integrity and credibility of this Council and setting a dangerous precedent of ignoring its mandates.
The critical importance of monitoring the illegal settlement activity can be gauged from the IC JS Advisory opinion which stated that and I quote, settlements established by Israel in breach of international law in the Occupied Palestinian Territory creates a fate accompany on the ground that could well become permanent risk of a situation that is tantamount to a de facto annexation.
UN quote illegal settlements also continues to impede the realisation of right to self determination of the Palestinian people in violation of UN Security Council resolutions.
UN Security Council Resolution 2334 has reaffirmed the inadmissibility of the acquisition of territory by force.
Periodic updating of the database is one of the practical ways to end the decades long protected occupation, prevent the vicious and systemic cycle of violence, and combat the culture of impunity.
The Council mandate is also a reminder to third parties, including business enterprises, that they are also obligated to adhere to the UN Charter and relevant UN resolutions.
Operative part of L24 Rev 1 requests the Sector General to allocate the necessary financial and human resources and expertise to enhance the capacity of OHCHR to ensure that the mandate requested in Human Rights Council Resolution 31 slash 36 is fully implemented with updates on an annual basis starting from the Council's 57th session.
As L24 Rev 1 is the reaffirmation of Council's previous mandate, we trust the Council members can join consensus on this important draught text.
I thank you, thank you.
Let me inform you that two additional Co sponsors and let me open the floor for general comments.
United States of America, Thank you.
Mr.
President, the United States is disappointed that Member States continue to single out Israel by perpetuating another open-ended mandate related to the Israel Palestinian conflict.
The United States has a clear and long standing position opposing open-ended mandates without a sunset clause.
Likewise, the United States consistently and unequivocally condemns efforts to boycott, divest or sanction Israel.
This mechanism is another example of a practise we cannot accept and we therefore oppose the database and reinforces the unacceptable anti Israel bias that too often finds traction in the UN system.
In addition to being open-ended, it effectively penalises companies doing business or considering business opportunities throughout the region.
This is not a human rights issue.
No similar mechanism exists for any country, regional or thematic situation.
the United States has demonstrated commitment to funding OHCHR mandates.
In fact, the United States is one of the largest contributors to OHCHR, providing 22% of the $176,000,000 in US regular budget funding that OHCHR receives this year, plus an additional $27.6 million in planned voluntary contributions.
However, this resolution is a thinly veiled attempt to attacked Israel under the guise of proper use of UN funds.
the United States attended the informal and shared these concerns with the drafters of the text.
As I have repeatedly stated, no country is above scrutiny.
That includes Israel and it includes my own country, the United States.
However, not even those with the worst human rights records, some of which are the subject of annual resolutions at the Council, have their own standalone agenda item.
These situations can be in our address through other agenda items that exist to be able to address country specific situations.
For all of these reasons, I will call for a vote on this resolution and urge fellow members to join the United States in voting no.
I thank you.
Thank you.
Is there another request for the floor at this point?
Seems not to be the case.
So let me invite countries concerned.
Israel, you have the floor.
Thank you, Mr.
President.
Israel faces a wall of systematic bias built by this very Council.
Last session, this Council passed 4 resolutions against my country, but for this Human Rights Council, I guess that was not enough.
Elsewhere at this Council, everyone is calling for its work to be streamlined, to have fewer resolutions, to have less overlapping mandates.
But once again, Israel is treated as an exception.
Mr.
President, this database lacks any foundation in international law.
The obligation for ensuring compliance by business of enterprises lies with the respective states.
Businesses are not considered subjects of international law and the categories set forth by the Office of the **** Commissioner for including a business do not constitute violations of international law of any kind.
Hence, this decision aims to fund a discriminatory database that has no basis in international law and extends far beyond the mandate and the authority of the Office of the **** Commissioner and this Council.
Mr.
President.
Nowhere else and no one else would be subjected to such a tool.
If Israel was not an exception, then we would see mechanisms freely created listing businesses abusing human rights in situation across the globe.
We would see the Office of the **** Commissioner naming businesses that operate freely in many Member States where the most abhorrent and systematic crimes are being committed.
We would see the Office of the **** Commissioner listing businesses for operating sweatshops, employing child workers, destroying our environment, supporting oppressive regimes, targeting minorities, operating in disputed territories and supporting states repression.
But we will not.
Mr.
President, in the 0 draught of this resolution, it reaffirmed that all mandates should be implemented, adequately funded and without interference of any kind.
Yet in the tabled version, the word all was removed.
You have to ask yourself why?
Is it because only mandates against Israel should be fully implemented?
Is it because mandates operating in other situation, in other contexts don't require adequate funding?
Or is it because Member States who ***** human rights and commit mass atrocities across the globe do not want mandates against them to be free of interference?
Once again, the states sitting in this Council are OK to call out Israel, OK to create mandate after mandate, mechanism after mechanism against my country, but at the same time look to shield themselves and others from the same treatment.
Mr.
President, Israel calls on this Council to vote no to the resolution, which adds yet another break in the wall of systematic bias faced by Israel at this Council.
I thank you, thank you.
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Thank you.
Colleagues just have indicated there are Pbis and they were posted on the extranet.
And let us move to the explanations of vote before the vote wants to speak.
Czech Republic.
Thank you, Mr.
President, The Czech Republic is a strong supporter of an effective multilateral system and troubles human rights architectural.
The Human Rights Council is the main body tasked this prompt and adequate response to human rights violations and abuses as they arise.
The Council's ability to discuss all human rights issues and situations is key to us.
However, we cannot support the proposed resolution for the following reasons.
We continue to believe that it is primarily the role of Member States to raise of earnest among business enterprises on business and human rights risks of operating in the settlement.
Furthermore, the proposed text goes beyond resolution of 3136 by mandating the **** Commissioner to reflect additions and removal of companies.
In our view, the **** Commissioner should determine the appropriate form of the update.
Last but not least, we cannot support the open-ended duration of the mandate without a sunset clause.
While this resolution is presented under Agenda item 2, it is derived from Resolution 3136 presented under Agenda Item 7, which the Czech Republic opposes as the only Council agenda item devoted specifically to one situation.
The Czech Republic supports any meaningful initiative leading to an end to the very repeating cycle of violence, to achieving a just and lasting peace, ending all claims equally.
We remain committed to a directly negotiated 2 state solution.
I thank you, thank you.
And the next on my list is China.
Yandang Ejo, Palestine.
This is.
Thank you.
Is there another request for the floor At this point?
It's not to be the case.
So at the request of the delegation of the United States of America, the Council will now proceed to a recorded vote on draught Proposal L24, Ref One.
Let me ask the Secretary out to open the voting machine.
It happens.
As I indicated yesterday, the machine is direct already.
It's not part of the scenario, but I really do appreciate your patience and we we are working on it.
So CC machine with is with us now.
So let me ask you to register your votes and check please carefully whether your votes are reflected properly as shown on the screen.
And if that is the case, let me ask the Secretariat to close the voting machine and the voting is now closed.
Results of the recorded votes are as follows.
31 in favour, 3 against, 13 abstentions.
Draught Proposal L 24 ref 1 is therefore adopted.
Copies of the results of the votes will shortly be uploaded on the extract.