HUMAN RIGHTS COUNCIL PASSES LEBANON RESOLUTION AT

UNCLAS SECTION 01 OF 06 GENEVA 001954 SIPDIS SIPDIS STATE FOR IO/RHS, DRL/MLA, L/HRR E.O. 12958: N/A TAGS: PHUM UNHRC SUBJECT: HUMAN RIGHTS COUNCIL PASSES LEBANON RESOLUTION AT SPECIAL SESSION GENEVA 00001954 001.2 OF 006 Summary -------------- ¶1. In its second special session the Human Rights Council (HRC) passed August 11 by a vote of 27-11-8 with one absent a resolution condemning Israel for its actions in Lebanon. The resolution did not included any reference to Hizballah or its actions. The resolution sponsors, primarily from the Organization of the Islamic Conference (OIC) and the Arab League, refused to negotiate the text, only considering amendments shortly before the vote. In general statements and explanations of vote states, including a number of supporters of the resolution, noted the lack of balance in the text. They stressed the loss of life and extent of the destruction in Lebanon as the reason behind their yes votes. Canada called for the vote objecting to unbalanced text and the inclusion of international humanitarian language that it considers beyond the HRC's mandate. The European Union (EU), after difficult discussions and approaches in Paris by the United States and EU partners, succeeded in maintaining unity to vote against the resolution. A number of states expressed concern that the sponsors' refusal to hold consultations on the text set a bad precedent for the future of the Council. The majority called for swift action in the UN Security Council to end the violence in Lebanon. Ambassador's Tichenor's statement may be found on Mission Geneva's website. Resolution text at para 7. End summary. Israel: Again Subject of Special Session -------------- ¶2. The second special session of the HRC in five weeks was called at the request of the OIC and Arab League with the support of China, Russia and Cuba. Argentina, Brazil, India, Mali, Philippines, Sri Lanka and Uruguay signed on to the request after it was submitted to the HRC president. This session, as was the first special session (July 5-6),was called to condemn Israeli actions. U.S. efforts (reftels) to stop or postpone the session due to concerns regarding its possible negative impact on UN Security Council deliberations received tacit support from a number of delegations, but not enough to succeed in blocking the session. Once it became clear that the session would be held, delegations turned to the text of the resolution, which was not officially tabled until the evening of August 9 virtually guaranteeing insufficient time for negotiations. Pakistani Permanent Representative Masood Khan coordinated OIC and Arab League actions, with the Egyptian delegation acting behind the scenes. The unbalanced text, which focused solely condemning Israeli actions, immediately drew criticism from Western Human Rights Group (WHRG) members as well as a number of others across regional groups. Efforts by various states, including Switzerland,to engage the sponsors were rejected. Moderate OIC members told USDel that the OIC would not consider changes to the text that made reference to Hizballah, its actions or blamed it for the current conflict. General Statements And EOP's GENEVA 00001954 002.2 OF 006 -------------- ¶3. HRC President Mexican PermRep Luis Alfonso de Alba, opened the session by reminded member states of the Council's mandate to promote and protect all human rights for all in a fair and equal manner. High Commissioner for Human Rights Louise Arbour called on all parties needed to comply with their obligations under international human rights and humanitarian law and for an immediate cessation of hostilities. Arbour said the most basic human right -- the right to life -- was being denied to the civilians caught up in the current crisis. She also said that advance warnings of attack did not relieve parties from their obligations under international humanitarian law regarding the protection of civilians, and suggested that war crimes and crimes against humanity may have been committed. ¶4. As expected the resolution's sponsors delivered harsh, often emotional, statements accusing Israel of deliberately targeting civilians and violating international humanitarian law and human rights law. They all called on the international community to take action to stop the violence and aid the Lebanese people. While Syria, Libya, Iran and others said the U.S. shared responsibility for the conflict in Lebanon, only Cuba dedicated a fair share of its statement to blaming the United States. Common themes among other speakers were support for efforts in the UN Security Council, the need to end the hostilities, violations of international humanitarian law and of human rights, the lack of balance in the resolution, the failure to mention Hizballah actions, and the sponsors' refusal to hold consultations. Canada, Cameroon, Guatemala, Japan, UK, South Korea, Philippines, Australia, Netherlands and others expressed concern that the special session was a distraction to the complex UNSC negotiations in New York. Few Surprises In The Vote -------------- ¶5. Voting fell along predictable lines. OIC members voted yes. The Eastern Group split with EU members and Ukraine voting no and Russia and Azerbaijan voting yes. All GRULAC members -- except for Guatemala which abstained -- voted in favor of the resolution. Non-Arab African countries were split among "yes" votes and abstentions. The Asian group members split Japan voting no, and Philippines and South Korea abstaining. Switzerland's decision to abstain threatened to derail EU solidarity when France and Finland indicated they would also abstain. Following demarches by the UK, Germany, and the United States in Paris and Helsinki, EU solidarity was restored when France agreed to vote no and Finland followed suit. Similar demarches in Bern failed to sway FM Calmy-Rey. ¶6. Vote count: 27-11-8: -- YES: Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, China, Cuba, Ecuador, India, Indonesia, Jordan, Malaysia, Mali, Mauritius, Mexico, Morocco, Pakistan, Peru, GENEVA 00001954 003.2 OF 006 Russia, Saudi Arabia, Senegal, South Africa, Sri Lanka, Tunisia, Uruguay, Zambia. -- NO: Canada, Czech Republic, Finland, France, Germany, Japan, Netherlands, Poland, Romania, Ukraine, United Kingdom. -- ABSTENTIONS: Cameroon, Gabon, Ghana, Guatemala, Nigeria, Philippines, South Korea, Switzerland. -- Not present - Djibouti. Resolution -------------- ¶7. Text of resolution as adopted: S-2/Res/1. The grave situation of human rights in Lebanon caused by Israeli military operations The Human Rights Council, Reaffirming the purposes and principles contained in the Charter of the United Nations, Reaffirming also the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action, and recalling the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and other human rights instruments, Acknowledging that peace and security, development and human rights are the pillars of the United Nations system, Recalling General Assembly resolution 60/251 of 15 March 2006 in which the Assembly decided that the Human Rights Council: (a) Should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon; and (b) Shall respond promptly to human rights emergencies, Guided by the Charter of the United Nations, relevant human rights instruments and international humanitarian law, in particular the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land which prohibit attacks and bombardment of civilian populations and objects and lay down obligations for general protection against dangers arising from military operations against civilian objects, hospitals, relief materials and means of transportation, Recalling the commitments of the High Contracting Parties to the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto, Reaffirming that each High Contracting Party to the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) is under obligation to take action against persons alleged to have committed or to have ordered the commission of grave breaches of the GENEVA 00001954 004.2 OF 006 Convention, and recalling the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, Emphasizing that human rights law and international humanitarian law are complementary and mutually reinforcing, Stressing that the right to life constitutes the most fundamental of all human rights, Condemning Israeli military operations in Lebanon, which constitute gross and systematic human rights violations of the Lebanese people, Appalled at the massive violations of the human rights of the people of Lebanon by Israel resulting in the massacre of thousands of civilians, injuries, extensive damage to civilian infrastructure, displacement of 1 million people, and outflows of refugees fleeing heavy shelling and bombardment against the civilian population, Strongly condemning the indiscriminate and massive Israeli air strikes, in particular on the village of Qana on 30 July 2006, and the targeting of United Nations peacekeepers at the United Nations observer post in southern Lebanon on 25 July 2006, Taking note of the strong condemnation by the United Nations High Commissioner for Human Rights of the killing of civilians in Qana, her call to take measures to protect civilian lives and civilian objects and her reiteration of the need for independent investigation, with the involvement of international experts, Noting the extreme concern expressed by the Representative of the Secretary-General on human rights of internally displaced persons, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and the Special Rapporteur on the right to food about the continuing adverse impact on the human rights and the humanitarian situation of the civilian population in Lebanon, Emphasizing that attacks and killings of innocent civilians and the destruction of houses, property and infrastructure in Lebanon are a breach of the principles of the Charter of the United Nations, international law and international humanitarian law as well as are flagrant violations of human rights, Recognizing the urgent need to address the dire humanitarian situation in Lebanon, including through the immediate lifting of the blockade of Lebanon imposed by Israel, Noting with concern the environmental degradation caused by GENEVA 00001954 005.2 OF 006 Israeli strikes against power plants and their adverse impact on health, Concerned at the targeting of the communication and media networks in Lebanon, Outraged at the continuing senseless killings by Israel, with impunity, of children, women, the elderly and other civilians in Lebanon, ¶1. Strongly condemns the grave Israeli violations of human rights and breaches of international humanitarian law in Lebanon; ¶2. Condemns the massive bombardment of Lebanese civilian populations, especially the massacres in Qana, Marwaheen, Al Duweir, Al Bayadah, Al Qaa, Chiyah, Ghazieh and other towns of Lebanon, causing thousands of deaths and injuries, mostly among children and women, and the displacement of 1 million civilians, according to a preliminary assessment, thus exacerbating the magnitude of the human suffering of the Lebanese; ¶3. Also condemns the Israeli bombardment of vital civilian infrastructure resulting in extensive destruction and heavy damage to public and private properties; ¶4. Calls upon Israel to abide, immediately and scrupulously, by its obligations under human rights law, in particular the Convention on the Rights of the Child, and international humanitarian law; ¶5. Urges all concerned parties to respect the rules of international humanitarian law, to refrain from violence against the civilian population and to treat under all circumstances all detained combatants and civilians in accordance with the Geneva Conventions; ¶6. Also calls upon Israel to immediately stop military operations against the civilian population and civilian objects resulting in death and destruction and serious violations of human rights; ¶7. Decides to urgently establish and immediately dispatch a high-level commission of inquiry comprising of eminent experts on human rights law and international humanitarian law, including the possibility of inviting the relevant United Nations special procedures to be nominated to the Commission: (a) To investigate the systematic targeting and killings of civilians by Israel in Lebanon; (b) To examine the types of weapons used by Israel and their conformity with international law; (c) To assess the extent and deadly impact of Israeli attacks on human life, property, critical infrastructure and the environment; ¶8. Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide all administrative, technical and logistical assistance required to enable the Commission of Inquiry to fulfil its mandate promptly and efficiently; ¶9. Calls upon the international community urgently to provide the Government of Lebanon with humanitarian and financial assistance to enable it to deal with the worsening humanitarian disaster, rehabilitation of victims, return of displaced persons and restoration of the essential infrastructure; ¶10. Requests the Commission of Inquiry to report to the GENEVA 00001954 006.2 OF 006 Council no later than 1 September 2006 on progress made towards the fulfilment of its mandate. End Text. TICHENOR