United NationsGeneralAssembly63d Scssion* SpecialPoliticnl and Committee (Foufth Committee) Decolonization ftem 3Q, The Repoft of TheSpeclat Commlttee tu Investlgate Israell Praetices Affecting the Human Righk of the Fatestinlan People and Othar Arabs of the Occupied Territories Palihakkara, Statementby AmbasradorH.M.G'S. the Chairmanof the SpecialCommittee 4 November2008 * Foudh Gommittee

delegates, distinguished Mr. Chairman, I have the honour to present the report of the SpecialCommitteeto InvestigateIsraeli Practices Territories, Peopleand Other Arabs of the Occupied Affectingthe Human Rightsof the Palestinian sessionis the 40n one of the containedin document A/G3/273. The report being made to this along with the other two membersof the SpecialCommitteeand was preparedby my predecessor followingtheir visit to the region. and Malaysia Senegal of Ambassadors the Committee, distinguished for to I would like to expressmy appreciation them and to the Secretariat their work. The repoft sets work and my statementserues the informationconcerning Committee's out in detail comprehensive to introducethe documentbriefly. Noting the continuedrefusal by the Israeli authoritiesto provideaccessto the occupiedterritories the onceagainexamined situationof humanrightsin the pertaining its mandate,the Committee to OccupiedTerritories by inter-alia, travelling to Egypt, Jordan and Syria and by making use of a met with a the for varietyof sources information. In the three countries, membersof the Committee civil society and and Israeli organizations from Palestinian number of witnessesand representatives SyrianGolan. The repoftis and Arab Republic occupied from the Syrian entitiesas well as individuals accordinglybased on informationfrom written material,contactswith governmentsin the region, and academics privateindividuals. NGOS, actors,civilsociety, UnitedNations Among the matters dealt with in the report are the all important issues of the right to self the determination, right to life, the right to freedomof movement,the right to liberty and securityof person, the separationwall, setttements,the right to an adequate standard of living, including clothing and housing; the right to food and to water, as well as the rights to wor( subsistence, Golan. Syrian of and the situation humanrightsin the occupied and health;settlerviolence, education The Committee felt it particularly noteworthy that, despite the continuation of the political 2007,which declaredthe intentionto of Conference 27 November namelythe Annapolis negotiations, - the human rights situation on the ground has reach a two-State solution by the end of 2008 of deteriorated and the right to self-determination the Palestinianpeople remains elusive. The elementfor peace Committeecannot but reiteratethat the protectionof humanrights is an essential efforts to succeed. Mr. Chairman, situationin the occupied humanrightsand humanitarian the highlights deteriorating The Committee of of protectionfor civiliansand the escalation in territoriesand specifically the GazaStrip. The lack

violencehavebeensignificant faetor$in the overallhumanrtghtssituatisnin the terrltory. Israelhas continued rocket and aftillery attaeks,alr strikes and military incursionsinto Gaea,and Qassam into rocketscontinued be fired by Palestinian to militantsfrom the GazaStrip into Israel.All erossings Despite the openings. the GazaStrip havebeenessentially elosedsinceJune 2A07,with only sporadie goodsand ceasefireGazabordersremainlargelyclosed.The severerestrictions the msvementof on and people entering and leaving Gaza resulted in a signlfieantdeteriorationof the humanitarian humanrightssituation,with shsrtages food, medical of and relief items, sparepats for criticalhealth and water sanitation installations,materials for humanitarian projects and raw materials for cuts of B commerceand industryin Gaza.$hortagesof fuel and electricitytranslatedinto electricity per day, and disruptions water distribution, in treatmentand, to a lesserextent, to 10 hours sewage healthcrre. The restrictions the movementof Palestinians on betweenthe West Bank, Gazaand EastJerusalem severelydamagethe socialand and within the West Bank were tightenedfurther. These measures and economicstructures of the West Bank and Gaza, contributingto increasingunemployment povefi, and resultingin increased reliance humanitarian assistance. on The route of the separationwall, the steady expansionof settlements,which are illegal under controlsfragmentedcommunities international law, curfews,and the closureregimeand associated and seriouslyinfringeon the right to freedomof movementand virtuallyevery other humanright of people. the Palestinian The SpecialCommitteemembersare particularlyconcernedabout the long term impact of Israeli people.The closureof Gaza policiesand practicesinfringingon the human rights of the Palestinian and will havea the economy rights,has disabled anGsocial has had a seriousimpacton economic by within the West BanK three separateentities,described detrimentalimpacton the environment; "enclaves',"cantons" and "Bantustanso, facto, and movement have been created de witnessesas The has becomeever more difficult for Palestinians. long-termimpact and accessto EastJerusalem link family ties and the Palestinians' with their land, beyond of on the socialfabric, the severance mere economicnecessity,is feared to have a significantimpact on society as a whole, including The group, which in Gazamakesup half of the population. Palestinian children,a very vulnerable border territory further intensifiedbecauseof the economichardshipsin the occupiedPalestinian on dependency humanitarian resultingin increasing obstacles, controlregimeand other trade-related and socialrights. aid with a direct impacton the enjoymentof economic the SyrianGolanhasalso been deteriorating: numberof The humanrightssituationin the occupied Golan have expanded;Syriancitizensof the occupied and existingsettlements settlershas increased prisonersfrom the Golan are subjectedto harsh are repoftedlydenied accessto water resources; in prison and also have to contend with the difficulties and obstaclesthat the forms of tofture are tryrngto visit them in prison.The prisoners held occupation authoritiesput in the way of relatives variousillnesses. resultingin their contracting in unacceptable conditions, Finally the Committee wishes to invite the attention of the distinguisheddelegates to the of to made in its report addressed the GeneralAssembly,the Government Israel recommendations Authority and to the Palestinian The recommendations speak for themselvesand I would only give a brief summaryof the main points. The Committeerecommends the GeneralAssemblyto urgently considerall means at its regardingall aspectsof the question of Palestineuntil it is disposalto fulfill its responsibilities

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and internatlonallaw and until the resolvedin conformitywith relevant United Nationsresolutions people are brought to fruition. To this end the Committee inalienablerights of the Palestinian of is recommends renewalof its mandate. The $ecurityCouneil urged to ensurethe implementation resolutionE$-10/15,and considerfurther the advisoryopinionof the ICJ and the GeneralAssembly measuresconcerningthe constructionof the separationwall. The General Assemblyis also requestedto encourage the membersof the Quartetto fully implementthe road map leadingto a just and international comprehensive, and lastingseftlementbasedon the UnitedNationsresolutions law. of The recommendations addressed the Government Israelfocus on the applicability the Fourth to of between military objectivesand GenevaConventionto the occupiedterritoriesand distinguishing use law civilians. The Committee callsfor the respectfor international and the appropriate of means and executions use of and methodsof warfare,and cessation the excessive of force and extrajudicial property. The cessationof confiscatingPalestinianland and expanding Israeli destruction of settlement in violation of internationallaw and impairing the territorial integrity of the future civiliansand propefi against violenceby the Palestinian state and the protectionof Palestinian settlersare calledfor. of recommended are, the restoration freedomof movementfor Palestinians Among other measures territories; taking urgent steps to end the current man-made throughoutthe occupiedPalestinian of crisisand sufferingof the peopleof Gazaand deprivation all their rights; stoppingthe construction provisions the advisoryopinion of the International of with the wall in compliance of the separation of Court of Justiceand the GeneralAssemblyresolutionES-10/15;the cessation massand arbitrary set of the and ensuringpropertreatmentfor detainees; implementation obligations fotth in detention territory and the the road map and with regard to its military presencein the occupiedPalestinian SyrianGolan. Authorityshouldalso abide by the provisions that the Palestinian The Committeehas recommended the urgenthumanrights law; aim to resolve humanitarian of the humanrights law and international territory,and to fully restorethe rule Palestinian facingthe occupied and humanitarian crisiscurrently of of law in areasunderits controland complywith the requirements the road map as laidout by the Quartet. in expectsits report to be taken into accountby all concerned the spirit the Mr. Chairman, Committee facts without rancourand take namelyto ascertain to in which it is addressed the partiesconcerned, action to ease the suffering of the people in territoriescovered by its mandate and facilitatethe peacein the territoriesconcerned. of overallprocess ensuringsecurityand makingsustainable Thankyou.

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