HRC 55 - draft resolution L.30 on OPT - 5 April 2024
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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 as presented, beginning with L30L30, with oral revisions.
The human rights situation in the Occupied Palestinian Territory, including E Jerusalem and the obligation to guarantee the principle of accountability and justice.
And I would like to get forward to Pakistan.
Who will be presenting.
Ambassador, you have the floor.
Thank you, Mr.
President, on behalf of the OIC Member States.
Pakistan presents a draught resolution titled Human Rights Situation in the Occupied Palestinian Territory, including E Jerusalem and the obligation to ensure accountability and justice as contained in the orally revised version of L .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 Fazastri.
The text is the result of thorough and transparent consultations.
The OIC Group is grateful for wide, widespread support and engagement during this process and is again presenting this resolution under item 2 for the Council's unanimous support for accountability of Israel's continuing disregard for international law.
Mr.
President, the preambular part of the resolution expresses grave concern at the worsening situation in the occupied Palestine, especially Gaza, and the unacceptably **** proportion of innocent civilian casualties.
The pre envelope paragraphs reflect this council's grave concern at war crimes and crimes against humanity in the OPT and the IC JS 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 and illegal blockade, now in its 17th year, indiscriminate bombing in densely populated areas, starvation as 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 OHCHR ensure adequate resources, expertise and logistics support.
The consensual adoption of this resolution would affirm the international community's commitment to the premacy of international law and send a clear signal that impunity for human rights by serious violations is finally at an end.
I thank you.
I thank you Mr Ambassador for presenting this resolution on behalf of the OIC.
I know announced that there are 10 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 this text the floor so I see Algeria.
Shukran.
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 in 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.
And 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 pretexts 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 aggressive 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 L30 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 OIC and the mission of the State of Palestine for tabling L30, as this is the very first time that this Council will take action on an on the unprecedented onslaught taking place in Gaza.
Our silence has been truly deafening, with some displaying double standards and the height of hypocrisy.
In just over 180 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 *****.
Indeed, they warned the Council as far back as 16N 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 28th 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, Miss Francesca Albanese, 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 L13 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 and implements ICJ orders, together with UNSC resolutions demanding an immediate and lasting ceasefire, which L30 will not 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 L30 by consensus.
Accordingly, we wish to echo the recent statement by the **** Commissioner in Gaza urging us, the Court, 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 Gracias.
Thank you, Mr.
President.
Mr.
President, we are grateful into the State of Palestine and to the members of the Organisation for Islamic Cooperation for presenting this draught resolution, whose 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.
So the counsel of the Office of the **** 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 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 and the Security Council.
When addressing the current crisis, we support the request of South Africa before the International Court of Justice against Intro 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 on the Gaza Strip that cease to the collective punishment, that cease to a long lasting ceasefire and meeting the provisional measures from the International Court of Justice.
So, 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 assistance 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.
Tilkarimala and Lilkowitz Afghan Shukran, said.
Raees, Manzilna.
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 mortared children among the Palestinian people.
We cannot describe the magnitude of the humanitarian tragedy that besides this brotherly, it's just the 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, Mr.
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.
Mrs 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 ****, 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 ****** 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 this population, but they can continue to arm Hamas, supplying them with the same weapons which was pointed at the Mid Susna's head as she was being sexually assaulted in Hamas captivity.
According to this resolution, there is some kind of distorted equivalents drawn between the hostages still held by Hamas and the Hamas terrorists themselves that one year old Fear.
Bibas and the other 133 hostages held by Hamas are equal to Manal Mahmoud Muhammad Qassim, an Islamic Jihad terrorist who admitted to ****** 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 **** 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.
I thank you, Mrs Ambassador, for your declaration.
We.
Would like to get forward to His Excellency the Ambassador Palestine.
Thank you, President.
I would like to thank the mission of Pakistan, the coordinator 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 that 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.
But 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 the 25th of March.
The Ambassador of the United States stated that the resolution was not binding.
This was a resolution under Chapter 6 which gives states the right to implement Security Council resolutions.
If you want the law of the jungle terrain, 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.
We only wish you prosperity.
There's a very good LEP concerning.
I thank you, Ambassador.
The draught text has budgetary implications.
I would like to ask whether there 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's 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 2 state solution.
Unfortunately, Draught Resolution L30 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.
Thank you, Missus Ambassador, for your explanations and I'll give you the floor.
Missus Ambassador of Chile Mucha Gracias in your.
Thank you very much, Mr.
President, I'd like to speak by the resolution of the situation of human rights and occupied Palestinian territory, including Jerusalem, and the need for accountability and justice presented by Pakistan, representing the Organisation for Islamic Cooperation.
As this Council knows full well, the human rights situation experienced and 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.
Worthy military offensive to continue as we have done from the first day.
Chile rejects without any nuances that 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 said rules.
This is a basic rule of humanitarian law.
With this in mind, Sheila will vote in favour of this resolution, as they have traditionally done, and reiterate 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 serious 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 at the situation well signed to the International Criminal Court and from the beginning has expressed its support and the role that the International Court of Justice can play.
Both courts will be in charge of the assessing the existence of these crimes and any linked responsibility of all parties to the conflict, which is why Chile urges strongly Israel to cooperate with both courts.
Thank you.
Thank you, Mrs Ambassador, for your explanations and now give you the floor, Mr Ambassador of Japan.
Thank you, Mr.
President, the Government of Japan commenced the effort made by OIC and the delegation of Palestine to present draught resolution at 30 on the human rights situation in Occupied Palestine territory, including ECS and their allegation 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 to resolution in 2021.
The government Japan is deeply concerned about the ongoing humanitarian situation in Palestine.
Particularly in Gaza St.
With an increasing number of civilian casualty 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 an equality 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 the civilians and urge all parties to act in accordance with the 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 Resolution 2720.
8 including ensuring humanitarian assistance.
We record that the many points have been added to this draught resolution in response to the current situation in Gaza.
While it is difficult to fully guard the factual situation, this resolution should not predict the legal consequences of such points, including the prefer reference to matters pending before the ICJ.
At the same time, it is not that Japan has not made a legal assessment that Israel's action are fully consistent with the international law.
Since the number of civilian casualty 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, Mr 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, Mr Ambassador.
Thank you, Mr.
President.
As we speak, the extreme sufferings of our Palestinian brothers, sisters and children have not teeth.
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, blatant 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 unethically 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 2728.
As we are approaching the end of Ramadan in less than a week, such momentum 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 Resident L30AS already 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
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 OPT, 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 our 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 and now give the floor to you, Mr Ambassador of Bulgaria.
Thank you, Mr.
President, on behalf of Bulgaria, I would like to make the following explanation of our vote.
We note the 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 further escalation of the conflict.
We're 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 eight, 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 the 7th of October.
Unprecedented terrorist attacks on Israel involving indiscriminate ****** 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're disappointed that the text of the resolution failed to include a more explicit and an equivocal condemnation of this heinous attacks and of their perpetrators and the stronger call for the release of the hostages.
We know that the efforts made by the OIC and the delegation of the Observer State of Palestine in drafting the text of Resolution L30.
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 underscores 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, Shukran said Raise.
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 civilian, 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 cooperate.
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 A2 state solution with the economically viable state of Palestine living side by side with Israel in peace and security with mutually agreed and international recognised borders, which includes the Gaza Strip, the West Bank and E Jerusalem as its capital.
I thank you.
I thank you, Mr Ambassador, for your explanation as you don't meet Paula.
Paula who?
Mr Ambassador of the 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 Ave for agreement allowing the text to be changed.
France has been amongst the first to write 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 the opening of the Ashdod Port, a land from Jordan and opening of all crossing points.
We continue and will continue to firmly be in opposition to all arrest really offensive in Rafa.
We will continue to call for a immediate sustainable ceasefire.
We will continue to call for respect for international law, and 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 of strongly condemn the terrorist attacks committed by Hamas and terrorist groups on 7th of 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 which must be exercised in full respect for international military 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 A2 state solution, Israel and Palestine, can meet the security needs of Israel and the Israeli people and the Palace, as well as the legitimate hopes of the Palestinian people for their own state.
I thank you, Ambassador, for your explanations.
Hello to China.
China, you hold the floor.
President China welcomes Pakistan presenting drop resolution of 30 for the UIC member states.
The Gaza Strip suffers from unprecedented humanitarian disaster.
It is imperative to ensure the timely and full implementation of the Security Council.
So 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 the mankind.
The international community should bring justice to the Palestine people 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 Syrian 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 L30 and cause some 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.
Yes.
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 ceasefire 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 and 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 1 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 lives lost, the wounded, the pain of their family and friends for this cruelty makes no sense at all.
We call on the hostages and Hamas hands 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 L30 the human rights situation in occupied post and territory included in Eastern Jerusalem of 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 tutorially 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 the Palestine and Israel.
It is up to us to take on the political amendment to do that without excuses nor delays.
Thank you.
So then I didn't have Germany.
Mrs Ambassador, you have the floor.
Thank you, Mr.
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 rights to defend against against arms attacked 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 IC JS 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 the investigation, there's 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 Mrs Ambassador, for your explanations.
I don't have any other request 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 their vote.
The vote is closed and then resolution L30 is adopted by the Council by 28.
Yes, 13 please, please, just I request please to let me just announce the result for the Council if you wish so, please.
So the result are like it follows.
Yes, 28, abstention 13 and now 6.
Then the resolution is adopted by the Council.
I thank you.
I now request the delegations will wish to have explanations of vote after the vote on both resolutions adopted under agenda item 2.
Are there any?
Algeria, You have the floor.
Shukran.
Thank you.
My delegation would like to thank the main sponsors of this resolution.
We thank them for the consultations held.
We believe that human dignity are at the core of all human rights.
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 find 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 regards 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 predict 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 to you, Mr Ambassador for the Netherlands.
Mr.
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 Bahamas on the 7th of October and 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 preempts current judicial investigations into alleged brave breaches of international humanitarian law.
The Netherlands also has serious reservations with regard to the references to the right of self defence and a 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 EU Council.
Common position on experts of military technology and equipment given effect.
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 explanations.
And I'll give you the floor.
Mr Ambassador of Paraguay.
Yeah, President.
Thank you very much, Mr.
President, on Resolution L30, 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, Ambassador of Luxembourg.
Has the floor.
Thank you, Mr.
President, Luxembourg welcomes all efforts made by the delegation of the Observer State of Palestine and the OIC in preparing Resolution L30.
My delegation voted in favour of this resolution, given the critical need of this and the situation on the ground.
My delegation recalls that the European Council, the level of Heads of State and Government, rejected in the strongest terms the criminal atrocities perpetrated by Hamas and other armed 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 purport 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 Gaza and through all routes, mainly land routes, is essential.
We also call the Government of Israel to no not launch and military land offensive in Rafah.
Lastly, we hope 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 like 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 Ambassador.
Mr.
President, Finland thanks the Mission of Palestine for its constructive engagement in Resolution L30 on the obligation to ensure accountability and justice in the occupied Palestinian territory, including E 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 28th 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 on 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 Basenar 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, Mr 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 of 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 helped 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 transitioning 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 ***** 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 polarizations 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, edges are unified and a consensus approach on matters concerning South Sudan.
Thank you.
I thank you, Mr Ambassador Avexula Zavon concretely examined.
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 3.
We will now consider Resolution L 18, Rev 1, Rights of the child, Realising the rights of the child and.