L PERMANENT OBSERVER MISSION OF PALESTINE TO THE UNITED NATIONS 115 EAST 65TH SI NEW YORK 1OO21 NY TEL 2888500 212 FN\2125172377 Plesse check against delivem Mr. Chairman, At the outset,my delegation conveysits appreciation the High Commissioner Human to for Rights as well as to the Special Rapporteursand Representatives that have come before the Committee for their important reports and presentations. In specific, Palestinereiterates its appreciationto the SpecialRapporteur on the situation of humanrt[hts in the Palestinian territories occupiedsince 1967,Professor John Dugard,for his report,which itarkly conveysthe humanrights situationof the Palestinian peoplein the OccupiedPaleitinianTerritory,including EastJerusaleri; a situationin which the rights of an entirepeoplecontinueto be systematically u[lutrd and gravely breachedby Israel,the occupyingPower. In this regard,we also recall the important work of the HumanRightsCouncilon the question the human of rightsof the Palestinian peopt"earlier thisyear. Mr, Chairman, Before proceeding,it is imperative to reaffirm the applicability of the instrumentsof internationallaw, including humanitarianand human rights law, relevant for the promotion and protection of human rights to the situationof the Palestinian people in the Occupiedpalestinian Territory, includingEastJerusalem.The Palestinian people'sexistence an occupied as and stateless peopledoesnot negate their entitlement enjoythosehumanrightsto which all peopleareentitled. to We recall the Charterof the UnitedNations,the UniversalDeclaration HumanRights,the of Conventionon the Right of the Child, the International Covenants Civil and political nilhts and on on Economic, Social and Cultural Rights, the GenevaConventionrelative to the protection of Civilians in Time of War, Protocol I Additional to the Geneva Conventions,and the Hague Conventions' Moreover,we reaffirm the continuingvalidity of all relevantU.N. resolutions andlhe 9 July 2004 Advisory Opinion by the International Court of Justice. Combined, theseprovisions of international law constitute the fundamental basisfor an accurate examination the hunrunrights of situation the Palestinian of people. Any such examination revealsthat the rights of the Palestinian people living under Israel,s 40-yearmilitary occupation the Palestinian in Territory,includingEastJirusalem,ari beinggrossly, systematically gravelybreached the occupyingPowerby meansof the unlawful poiirirr and by unJ practices is deliberately it carryingout against Palestinian the civilian population, both collectively -"has and individually. As concludedin the report, Israel's occupation resultedin nu*rrou, violations of international humanitarian law and human rights law" and., moreover. ,,Israel has violated the mostfundamental rules of international humanitarian law, which constitutewar crimes " in terms of article I 47 of the Fourth GenevaConventionand article 85 of Protocol I. humanitarianlaw and human rights The occupying Power's transgressions international of law have resulted in a tragic human rights situation and a humanitariancrisis in the Occupied Palestinian Tenitory. The rights to self-determination, life, to property,to food, to livelihood,to to housing,to education, health,to development, freedomof movement, freedomof worshipto to to all are being breached, The cumulative impact of four decades unrelentingand intensifying of violations under this illegitimate occupationhas been the shredding the Palestinian of society,the devastation families, the destruction communities, of of and the further fragmentation the unity, of contiguityand integrityof the Palestinian Territory. Time limits preventpresentation an exhaustive of exposeof Israel'sviolationsagainst the peoplein the OccupiedPalestinian Palestinian Territory,includingEastJerusalem.Nevertheless, the seriousness this issuecompelsat leasta brief review in this forum. In this regard, cannotbe of it disputedthat the following practicesby Israel,the occupyingPower,constituteseriousviolationsof humanitarianlaw and human rights law, in many casesamounting to war crimes against the people: Palestinian . people's right to self-determination a The denial and preventionof the Palestinian by prolonged,illegal military occupation, markedly characterized oppression, by colonization, punishment apartheid. collective and The killing, injuring and maiming of civilians, including children,women, elderly and petsons, useof excessive indiscriminate disabled by and force. The perpetration extrajudicial of killings and targeted assassinations. The perpetration acts of terror againstthe civilian population,whethercommittedby the of occupyingPower's military forcesor by the armedsettlersit has illegally transferred the to Occupied Palestinian Territory,includingEastJerusalem. The arbitrarydetention and imprisonment thousands civilians,includingchildrenand of of women. . . The physical andmentalill-treatment, degradation toftureof prisoners detainees. and and The denialof family visits,denialof adequate medical careandfood,denialof dueprocess of law, anddeplorable living conditions prisoners detainees. for and The construction and expansion colonialsettlements bypass of and roadsin the Occupied Palestinian Territory, including EastJerusalem. The daily transfer of Israeli settlersto the OccupiedPalestinian Territory, including East Jerusalem, currently amounting half a million settlers. to The construction the Wall in the OccupiedPalestinian of Territory,includingEastJerusalem, and imposition the associated of regime. The confiscation land for thepurposes unlawful settlement of of activitiesandconstruction of the Wall, and attemptsto de facto annex large tracts of land, especiallyin and around Occupied EastJerusalem. The displacement civiliansas a resultof its unlawfulsettlement of and Wall activitiesand other illegal policiesand practices, includinghomedemolitions and economic strangulation practices. The wantondestruction homesand othercivilian properties, of including agricultural lands, vital infrastructure, culturalandsocialinstitutions, placesof worship. and The confiscation andexploitation naturalresources. of The imposition of arbitrary and discriminatoryrestrictionson freedom of movement of Palestiniancivilians by meansof completeclosures, hundredsof military checkpointsand roadblocksat which civilians are subjectto humiliation, harassment and abuse,a racist permitregime, Wall andthe settlements. the The collective punishment imprisonment the entirecivilian population, and of particularly in the GazaStrip,which remainsundera debilitatingsiege. The destruction livelihoods,obstructionof securingan adequate of standard living, and of causingof widespread poverty. The obstruction access medical of to care. The obstruction access education. of to The obstruction access adequate of to food supply. The obstruction access humanitarian andsupplies. of to aid The obstruction access places worship,includingin the holy citiesof Jerusalem of to of and Bethlehem. ' The impositionof arbitraryrestrictions residence OccupiedEastJerusalem attemptto on in in furtherthe city's Judaization. Mr. Chairman, Thesearethe facts;this is the realityof life for the Palestinian peopleliving in the Palestinian Tenitory occupiedby Israel since 1967. Attemptsby Israel,the occupyingPower,to disputeor to distort these facts are absolutelyrefuted by the situation that exists on the ground as a direct consequence the illegal policiesand practices carriesout on a daily basis in the Occupied of it Palestinian Tenitory,including EastJerusalem. All of the above-mentioned violations international of humanitarian humanrightslaw are and being committedby the occupyingPower flagrantly,with utter disrespect the law and U.N. for resolutions, all before eyesof the international and the community.If Israel, occupying the Power,is never held accountablefor these human rights violations and crimes, it will only be further emboldened continueactingwith impunity in its tramplingof the law. This will leadonly to more to peopleand will take us all so much fartheraway from suffering,hardshipand lossfor the Palestinian the peacewe so desperately seek. In this regard,it must be stressed that enjoyment humanrights of cannot be conditionedon or postponeduntil the resolution of conflict. Human rights must be respected protected all circumstances. and in Indeed, achieving peace has a basic requirement- respect for internationallaw. In accordance with international law, Palestinian civilians under Israeli occupation protected constitute persons towardswhich Israelhasnumerous obligations virtue of its statusas an occupying by Power. Israel must ceaseall violations of the human rights of the Palestinianpeople and insteadrespect international law. The international communityhas clearresponsibilities this regard,includingin in particularthe High Contracting Parties the 4'nGeneva to Convention. efforts shouldbe exerted All to upholdtheseresponsibilities ensure and respect the law, thushelpingto bringan endto the grave for human rights violationsand to promotingthe realization the human rights of the Palestinian of people, including their rightto self-determination, ultimately realization peace. and the of