Sumario: March 30, 2002: Statement by Ambassador Joaquin Perez-Villanueva Y Tovar, Head of the Delegation of Spain, on behalf of the European Union at the 58th Session of the Commission on Human Rights. Agenda Item 8 (18 March-26 April 2002), (Geneva)
I have the honour of speaking on behalf of the European Union. The Central and Eastern European countries associated with the European Union -Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania, Slovakia, Slovenia- and the associated countries -Cyprus, Malta and Turkey- have expressed their wish to align themselves with this statement.
1. 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, including the Convention on the Rights of the Child, and
the Palestinian Authority, have committed themselves to respecting human rights and fundamental freedoms The European Union calls upon them to live up to their obligations and commitments.
2. Over the past year, the Israeli presence and military operations in the Occupied Territories, including the illegal presence of Jewish settlers in those territories, have led to repeated human rights violations. Furthermore, the European Union reiterates its firmest condemnation of terrorism. The indiscriminate terrorist attacks over the past weeks killing and injuring innocent civilians must be condemned. As the legitimate authority, the Palestinian Authority bears the full responsibility
for fighting terrorism with all the legitimate means at its disposal. Its capacity to do so must not be weakened. Israel, notwithstanding its right to fight terrorism, must immediately complete the withdrawal of its military forces from areas under the control of the Palestinian Authority. In this critical situation, the European Union reiterates its conviction that there can be no military solution to the conflict. The violence from both parties simply inspires the wish for revenge, and leads
to an increase of violence that multiplies the suffering of both populations and jeopardizes their legitimate desire to live in peace. The European Union strongly calls for the immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction, which have caused a deterioration in the live of the civilian population. Since September 2000, over 1,400 Palestinians and 350 Israelis have died violently. These figures have increased at an alarming rate
over the last weeks.
3. Particularly alarming is the killing and wounding of children on both sides, as well as the impact on the lives, personal development and psychological well-being of those who have been affected by violence against their family members and friends. Children are the hope for future sustainable peace between the parties.
4. Peace and security can only be achieved through negotiations. In order to find a solution to this situation, it is necessary to address the security, political and economic aspects as inseparable and interdependent elements of a single process. There is a need to restore a sound political perspective and to implement in parallel political and security measures in a mutually reinforcing way. The European Union recognises that both parties have legitimate security concerns but these must be
addressed with respect for human rights and within the framework of the Rule of Law.
5. The foundations of the negotiations that lead to a fair and lasting peace must be UN Security Council's Resolutions 242, 338 and 1397 the principles of the Madrid Conferences, Oslo and subsequent agreements which would allow two States, Israel and Palestine, to live in peace and security and play their full part in the region. In this context, the EU welcomes the Security Council's adoption of Resolution 1397, which states the commitment of the International Community to achieve this goal.
The EU appeals for the urgent implementation of this Resolution and especially urges both parties to carry out immediately and efficiently actions to stop the violence, including acts of terror, provocation, incitement and destruction. Furthermore, it reiterates the call to Israelis and Palestinians to co-operate towards the implementation of the Tenet Plan and the recommendations of the Mitchell Report, and to resume negotiations on a political settlement.
6. On the Israeli-Palestinian conflict, the overall objective is two-fold: the creation of a democratic, viable, independent state of Palestine, bringing to an end the occupation of 1967, and the right of Israel to live within safe and secure boundaries, guaranteed by the commitment of the International Community and in particular the Arab countries. The European Union is determined to continue to play its role in the pursuit of a solution together with the parties, the countries in the region,
the United States, Russia and the United Nations. It is ready to combine its efforts, notably through its Special Representative, Ambassador Moratinos, with those of US Special Envoy Anthony Zinni, the Special Envoy of the Russian Federation and the UN Special Coordinator. It welcomes the recent initiative of crown Prince Abdullah of Saudi Arabia, which is based on the concept of full normalisation and full withdrawal in accordance with UN Resolutions, and offers and unique opportunity to be
seized in the interest of a just, lasting and comprehensive solution to the Arab-Israeli conflict. The European Union remains convinced that a third party monitoring mechanism would help both parties in their peace efforts and urges them to consider proposals to accept observers.
7. 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, vital for ensuring that protection of civilians is afforded in all circumstances. The Union welcomed the Conference of the High Contracting Parties, held on December 5th last year in Geneva, which adopted
a substantial and balanced Declaration recalling the obligations of the parties to the conflict and of the State of Israel as the Occupying Power under the aforementioned Convention.
8. The European Union welcomes the presentation of, and continues to study with interest, 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 co-operate with the Special Rapporteur, as well as other relevant thematic rapporteurs, and it calls on Israel to do so.
9. The European Union strongly condemns the extrajudicial killings of Palestinians, carried out openly by Israel, which cannot be justified as part of any antiterrorist policy. Extrajudicial killings are not only illegal and a violation of human rights, but they also damage the relation between the parties and, therefore, are an obstacle for peace. The EU once again requests Israel to put an end to these practices immediately, as they are unacceptable in the framework of the Rule of Law. There
is no alternative to an effective security co-operation.
10. The European Union condemns the disproportionate and indiscriminate recourse to force, which cannot but aggravate the situation, increase an already high death toll -that includes innocent civilians- 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.
11. The closures of the Palestinian territories and inside them, including East Jerusalem, have continued and have even increased in their harshness, seriously hampering the economic, social and cultural rights of the Palestinians. They constitute a form of collective punishment, prohibited under international law. The European Union calls for the immediate lifting of these closures. The European Union calls upon both parties to ensure access to Holy Sites.
12. The numerous check points and blockades of cities have almost suppressed the free movement of people and goods, including preventing Palestinian workers from arriving to their jobs. Since October 2000, the Palestinian economy has been severely damaged. Unemployment rates and poverty have dramatically increased. More than one third of the Palestinian population lives at present below the threshold of poverty. The European Union calls on Israel to tale all the necessary measures that allow
the normalisation of the economic life in the Palestinian Territories and, in particular, to start repaying due revenues to the Palestinian authority.
13. The provision of essential services, such as education and health assistance has also been seriously disrupted as a result of the restriction of movement, which has also meant that many schooldays have been lost. The European Union strongly condemns attacks on schools and their use for military purposes.It calls upon both parties to ensure an education aimed at tolerance and peaceful coexistence.
14. The European Union is especially dismayed by the Israeli Defence Force's failure to protect journalists while performing their professional duty, and protect and respect ambulances and medical personnel, causing the death of several members of humanitarian organizations, including UNRWA staff members. The European Union condemns the use of UNWRA facilities by the Israeli Defence Forces. The European Union is also concerned that these military operations have increased the burden on the
Agency's scarce resources. In accordance with international law, health personnel and facilities must be respected, and humanitarian organizations must be allowed to enter the Palestinian territories, given that they must be able to fully carry out their functions.
15. Recently, the Israeli Army has temporarily occupied for the first time several refugee camps. In response, the European Union called on the Israeli Government to withdraw immediately its forces, and demands that actions of this kind not be repeated. The European Union is concerned by the large number of arbitrary arrests, including children, carried out by the Israeli Army. The situation of the "administrative detainees", kept in prison without due process is a matter of particular concern.
The European Union condemns the use of discriminatory rules of detention for the Palestinian residing in the Occupied Territories. The European Union calls on the Government of Israel to immediately release all persons arbitrarily detained.
16. The European Union reiterates its concern at the destruction of Palestinian infrastructure, agriculture and other facilities which help Palestinians in their economic, social and humanitarian development and which are financed by the European Union and other donors. The EU also urges the government of Israel to put an end to these practices and will continue to follow-up on this question.
17. The European Union continues to strongly oppose Israeli settlement activities in the Occupied Territories, including East Jerusalem, such as the building of new settlements and the expansion of those already existing, expropriation of lands, partial administration of the water resources, the constructions of roads and the demolition of houses. These activities constitute violations of international law, as well as a great obstacle for peace. The EU calls upon the Israeli Government to
reverse its settlements policy, and also calls upon the Israeli Authorities to ensure the protection of the population in the Occupied Territories, including the prevention, investigation and prosecution of those acts of violence committed by Israeli settlers.
18. The overall human rights situation under the Palestinian Authority is still a matter of concern for the European Union, in particular the difficulty of the Palestinian Authority to carry out proper investigations to bring those responsible to justice, especially in the cases in which Israelis are killed by Palestinians. The cases of arbitrary arrest, the absence of a due process, the cases of torture against detainees, the irregular procedures carried out by the Palestinian Authority and
the security forces, the unexplained deaths of detainees, especially of those who have been accused of collaboration, are totally unacceptable and reprehensible practices. In this sense, the European Union urges the Palestinian Authority to take all necessary measures leading to the full respect of the independence of the judiciary as soon as possible.
19. Although the European Union expresses its satisfaction that the Palestinian Authority has not recently used the death penalty, this issue remains a matter of concern. As a result of a démarche by the European Union on this issue, the Palestinian Authority assured that this punishment would be transformed into life imprisonment. The European Union is seriously concerned about cases of lynching during the recent escalation, and urges the Palestinian Authority to prevent further acts of
lynching.
20. Freedom of expression has been breached by the Palestinian Authorities and there is still a self-censorship that prevents the journalists from freely carrying out their work. There is evidence that journalists have been harassed and intimidated. The freedom of expression, of assembly, of choosing leaders freely and the Rule of Law are essential elements for any democratic society that aims to safeguard fundamental rights. The Palestinian Authority must make all necessary efforts to ensure
that the aforementioned rights are respected.
21. During the 1994-2001 period, the EU has contributed 3,47 billion euros in assistance to the West Bank and the Gaza Strip and to UNWRA. Following on its present effort, the European Union will make a full and substantial economic contribution to peace-building in the region, with the aim of improving the living conditions of the Palestinian people, of consolidating and supporting the Palestinian Authority, of strengthening the economic basis of the future State of Palestine and of promoting
development and regional economic integration. In this perspective, the European Union stands ready to contribute to the reconstruction of the Palestinian economy as an integral part of regional development. In this sense, it is hoped that the AHLC meeting will be held shortly.
22. The EU also calls attention upon the need to respect and safeguard the human rights of persons that live in the Golan Heights and supports a negotiated agreement between Israel and Syria.
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