EU Statement the violation of human rights In the occupied Arab territories, including Palestine.

EU Statement the violation of human rights In the occupied Arab territories, including Palestine.
Geneva 28 March 2001

Statement under agenda item 8: Question of the violation of human rights In the occupied Arab territories, including Palestine.

I have the honor to speak on behalf of the European Union. The central and eastern European countries associated with the European Union - Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania, Poland, Romania, Slovakia, Slovenia - and the associated countries Cyprus, Malta and Turkey have expressed the wish to align themselves with this statement.

Over the last twelve months, the situation in the occupied Palestinian territories, has deteriorated markedly. Confrontations between Israelis and Palestinians have had dramatic implications on the situation regarding human rights and international humanitarian law in the occupied Palestinian territories, including the territories administered by the Palestinian Authority. The seriousness of the circumstances warranted the Commission on Human Rights to hold a Special Se5sion on the Situation in Palestine in October 2000. The situation has since remained critical.

The European Union has called repeatedly on the parties in the conflict to do their outmost to bring an end to the violence The European Union has urged the parties to meet in a constructive spirit to secure the urgent resumption of the dialogue. It is the firm belief of the European Union that a sustainable solution can only be found through peaceful negotiations. The European Union expresses its ho that Mr. Sharon as Prime Minister together with President Arafat will maintain the momentum of the peace process and the peace dialogue. The European Union is convinced that the progress made should form the basis.., for future talks on the permanent status. The European Union reaffirms its view that the basis of negotiations, and of a just and lasting peace, must be Security Council resolutions 242 and 338 and other relevant United Nations resolutions. The European Union reiterates the inadmissibility of acquisition of territory by war, the right for every state in the area to live in security and to exist in secure internationally recognized borders and the principle of land for peace. The European Union expresses its grave concern at and strongly condemns all acts of terrorism and violence.

The European Union is through its High Representative involved in the works of the international Javier Solana actively involved in the works of the international fact-finding committee, chaired by US Senator Mitchell, which was established following the summit in Sharm el-Sheikh in October 2000. The EU is confident that the fact-finding committee can contribute to restoring confidence in peace and help both parties to restart dialogue and cooperation as the only way forward to halt violence and prevent blood-shed. The European Union welcomes full cooperation by both parties with the committee, urges this to continue and looks forward to its report.

Human rights are universal, and apply throughout the world, irrespective of country, culture or specific situation. They apply to everyone, without distinction. Respect for human rights constitutes the foundation for all sustainable and peaceful democratic systems and is an effective conflict-prevention measure and the basis of a fruitful and peaceful relation between peoples- Israel, which is a party to key human rights instruments, and the Palestinian Authority have committed themselves to respecting human rights and fundamental freedoms and the European Union calls upon them to live up to this commitment. The European Union recognizes that both parties have legitimate security concerns but these must be addressed with respect for human rights and within the framework of the role of law.

The European Union reaffirms once more its position that the fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War is fully applicable to the Palestinian occupied territories, including East Jerusalem, and constitutes binding international humanitarian law

The European Union welcomes the fact that the High Commissioner visited the region in November. It shares concerns expressed by the High Commissioner in her balanced report, which it has taken duly into account in its deliberations.

The European Union welcomes the report of the Special Rapporteur on the situation of human rights in the occupied territories. The European Union continues to believe that the mandate of the Special Rapporteur should be brought in line with other special mechanisms created by the Commission on Human Rights, notably to make it subject to regular renewal by the Commission. Nevertheless, the European Union regrets the failure of the Israeli Government to cooperate with the Special Rapporteur, as well as other relevant thematic rapporteurs and it calls on Israel to do so.

Although the European Union did not support the resolution adopted at the Special Session on Palestine last October, which established the Human Rights Inquiry Commission, it has followed developments in relation to the Commission closely and has taken account of its analysis and findings.

The European Union condemns the disproportionate and indiscriminate recourse to force which cannot but aggravate the situation, increase an already high death toll -which includes many children - and make peace an even more distant perspective. The European Union urges Israel to make every effort to ensure that its security forces observe international standards regarding the use of force.

The European Union strongly deplores the practice of extra-judicial killings of certain Palestinians carried out by the Israeli Security Forces. Extra-judicial killings are not only illegal and a violation of human rights norms but also damaging for the relationship between the parties and are therefore obstacles to peace. The European Union reiterates its call on the Israeli authorities to immediately halt the declared practice. Extra-judicial executions are unacceptable for any legal state system, which claims to have as its basis the rule of law.

The closures of and within the Palestinian territories has had disproportionate and detrimental effects on the lives of many Palestinians in Gaza and the West Bank, including East Jerusalem. These closures have disrupted basic public services for the Palestinians and infringed on their right to freedom of movement and access to holy places. In some instances they have led to the loss of life. While understanding the Israeli security concerns the European Union calls upon the Israeli Government to immediately put an end to the practice of closures and restates that collective punishments are prohibited under international law. The European Union considers

that the closures contribute together with other factors to the unrest and violence that have been prevailing in the zone for several months. The closures have also seriously hampered humanitarian aid workers providing assistance to the Palestinian people. A total closure of the occupied territories constitutes a clear breach of international humanitarian law. The European Union reiterates that it is the duty of the Israeli Government to safeguard the food and medical supplies of the population in the occupied Arab territories. One of the basic humanitarian principles is that of free access of humanitarian goods and personnel. As long as the speedy and safe delivery of humanitarian assistance is not guaranteed, that principle is violated. In accordance with international law, Israel must allow and facilitate access for humanitarian personnel and goods to the Palestinian territories.

The closures have further led to serious economic, social and administrative effects on the Palestinian people and undermine an already fragile economy. All economic indicators have sharply decreased, reducing the Palestinian economy by half. Unemployment has risen and one third of the Palestinian population is currently living under conditions considered to be below the poverty line. This situation also jeopardizes efforts of cooperation deployed by the international community to guarantee the viability of the Palestinian Authority and the future Palestinian State and consequently the prospects of the peace process. As previously reported by Terje Roed-Larsen, the United Nations Coordinator for the middle East Peace Process and the Secretary-General's Personal Representative to the Palestine Liberation Organization and the Palestine Authority, the Palestinian Authority suffers a fiscal crisis, soon not being able to pay its salaries which might cause the collapse of key Palestinian institutions and lead to chaos and anarchy. The European Union is deeply alarmed by these reports and the seriousness of the economic and social situation and calls upon Israel to end immediately with the withholding of due revenue payments to the Palestinian Authority

The European Union is deeply troubled by the negative impact the confrontations are having on children. Children and youth on both sides have been direct victims of violence resulting in deaths and injuries as well as long term psychological impacts.

The violence has also had grave consequences for children affected by the practice of closures, in particular those who are poor. The closures infringe their right to movement, health and education. The European Union urges all parties to ensure that children have access to health care and education.

The European Union is also troubled by what appears to be a discrepancy in Israeli case-law as well as cases of the discriminatory application of laws to Israeli and Palestinians. The European Union reiterates the need for all democratic legal systems to adhere to the human right and fundamental legal principle of all persons' equality before the law. The European Union calls upon the Israeli Government to repeal all discriminatory taws and ensure the equal and non-discriminatory enforcement of the law by the Israeli administration and courts

Furthermore the European Union continues to strongly oppose Israeli settlement activities in the occupied territories including East Jerusalem, such as the construction of new settlements and the expansion of already existing ones, the expropriation of land, the biased administration of water resources, the construction of roads, and house demolitions, all of which violate human rights and international humanitarian law, besides being major obstacles to peace. The European union calls upon the Israeli Security Forces to ensure the protection of the population in the occupied territories, including preventing, investigating and prosecuting acts of violence committed by Israeli settlers.

The European Union welcomed the release of persons kept under so-called administrative detention last spring. The European Union however remains concerned over the large number of persons, including children, who have been detained during the past months, and the continued detention of some detainees without any criminal charges having been brought against them. The European Union condemns the continued imprisonment of several Lebanese citizens, who were arrested in the then occupied area and transferred to Israel. This is a violation of the fourth Geneva Convention. The European Union urges the Israeli Government to allow the International Committee of the Red Cross to visit the two Lebanese citizens still being kept without charge.

The human rights situation under the Palestinian Authority continues to be a matter of concern for the European Union. Reports of torture and deaths in custody, impunity, cases of detention without trial, the arbitrary arrest of, for example, political prisoners and the misuse of the State Security Courts are especially worrisome. The European Union calls upon The Palestinian Authority to actively combat such activities, to bring those responsible to justice and to ensure respect for the rule of law.

In this respect, it is worth mentioning the training program run by the European Union and its Member States since 1997 to help the Palestinian Authority develop its expertise in preventing and countering terrorist acts in accordance with international law and with respect for agreed international standards on human rights and freedoms

The European Union remains particularly concerned over executions following death sentences pronounced at sun1mary trials with apparent disrespect for the human rights of the accused. It has called on the Palestinian Authority not to carry out death sentences. The European Union remains concerned about the summary trials proceeding such sentences. It strongly appeals to the Palestinian Authority to reinstate moratorium on the death penalty and ensure that all trials follow due process of law and international minimum safeguards

The right to freedom of expression and assembly is the foundation of any democratic political system. The European Union is troubled by the Palestinian Authority imprisoning persons exercising these rights without trial. It urges the Palestinian Authority to immediately release all political prisoners detained after peaceful exercise of their civil and political rights. Other important features of a viable democratic political system are good governance and free and fair elections. Sustainable democracies are based on transparent and accountable institutions and respect and promotion of human rights. They are characterized by inclusive and consultative political process aiming at the realization of equal rights and value of all citizens. The European Union also emphasizes the role of the media to ensure an accurate reporting of local events.

The European Union continues to be firmly committed to assisting the Palestinian Authority in strengthening public institutions in service of democracy based on respect for human rights and fundamental freedoms, good governance and rule of law.

In the period between 1994 and 2000, the European Union contributed a total of almost 3 billion EURO to the Palestinian people in the fields of education, human rights, health, institution building, water, infrastructure, and environment. In 2000, the European Union and its Member States contributed some 160 million EURO to UNRWA, including emergency aid (of 15 million EURO) provided in December 2000. We also supply funds to Palestinian, Israeli and joint Palestinian non-governmental organizations engaged in promoting understanding and equality of rights through human rights and civil rights education projects.

Given the recent economic crises in the Palestinian territories, cased in part by the Israeli punitive measures, the European Union has provided the Palestinian Authority with cash facilities, which helped ease the economic effects of Israel's decision not to transfer VAT revenues. During the autumn of last year, the European Union paid 27.5 million EURO to that end. In December it extended this cash facility and set aside another 90 million EURO, of which 30 million EURO was paid in January 2001. The Union assumes that further support will be needed in this regard and would welcome joint efforts by donors, particularly regarding direct budget support.

The European Union also wants to draw the attention to the need to respect and safeguard the human rights of persons living in the Syrian Golan Heights and expresses its support for a negotiated settlement between Israel and Syria.

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