UNITED
NATIONS A
General Assembly Distr.
LIMITED
A/HRC/10/L.5
20 March 2009
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Tenth session
Agenda item 7
HUMAN RIGHTS SITUATION IN PALESTINE AND
OTHER OCCUPIED ARAB TERRITORIES
Bolivia, Cuba, Nicaragua, Pakistan (on behalf of the Organization
of the Islamic Conference), Venezuela* (Bolivarian Republic of),
Yemen* (on behalf of the Arab Group): draft resolution
10/… Israeli settlements in the Occupied Palestinian Territory,
including East Jerusalem, and in the occupied
Syrian Golan
The Human Rights Council,
Guided by the principles of the Charter of the United Nations and affirming the
inadmissibility of the acquisition of territory by force,
Reaffirming that all States have an obligation to promote and protect human rights and
fundamental freedoms, as stated in the Charter of the United Nations and as elaborated in the
Universal Declaration of Human Rights, the International Covenants on Human Rights and other
applicable instruments,
* Non-member States of the Human Rights Council.
GE.09-12254 (E) 200309
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Recalling relevant resolutions of the Commission on Human Rights, the Human Rights
Council, the Security Council and the General Assembly, reaffirming, inter alia, the illegality of
the Israeli settlements in the occupied territories,
Mindful that Israel is a party to the Fourth Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, which is applicable de jure to Palestinian
and all Arab territories occupied by Israel since 1967, including East Jerusalem, and the Syrian
Golan, and recalling the declaration adopted by the Conference of High Contracting Parties to
the Fourth Geneva Convention, held in Geneva on 5 December 2001,
Considering that the transfer by the occupying Power of parts of its own civilian
population into the territory it occupies constitutes a breach of the Fourth Geneva Convention
and relevant provisions of customary law, including those codified in Additional Protocol I to the
Geneva Conventions of 12 August 1949,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, and its conclusion that the Israeli settlements in the Occupied Palestinian Territory
(including East Jerusalem) have been established in breach of international law,
Recalling also General Assembly resolution ES-10/15 of 20 July 2004,
Affirming that the Israeli settlement activities in the Occupied Palestinian Territory
constitute very serious violations of the international humanitarian law and of the human rights
of the Palestinian people therein and undermine international efforts, including the Annapolis
Peace Conference and the Paris International Donors’ Conference for the Palestinian State,
aimed at invigorating the peace process and establishing a viable, contiguous, sovereign and
independent Palestinian State by the end of 2008,
Recalling its attachment to the implementation by both parties of their obligations under
the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict
(S/2003/529, annex), and noting specifically its call for a freeze on all settlement activity,
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Expressing its grave concern about the continuation by Israel, the occupying Power, of
settlements building and expansion in the Occupied Palestinian Territory, in violation of
international humanitarian law and relevant United Nations resolutions, including plans to
expand and connect Israeli settlements around Occupied East Jerusalem, thus threatening the
creation of a contiguous Palestinian State,
Expressing its concern that continuing Israeli settlement activity undermines the realization
of a two-State solution,
Expressing grave concern at the continuing construction, contrary to international law, by
Israel of the wall inside the Occupied Palestinian Territory, including in and around
East Jerusalem, and expressing its concern in particular about the route of the wall in departure
from the Armistice Line of 1949, which could prejudge future negotiations and make the
two-State solution physically impossible to implement and which is causing the Palestinian
people further humanitarian hardship,
Deeply concerned that the route of the wall has been traced in such a way as to include the
great majority of the Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem,
Expressing its concern at the failure of the Government of Israel to cooperate fully with the
relevant United Nations mechanisms, in particular the Special Rapporteur on the situation of
human rights in the Palestinian territories occupied since 1967,
1. Welcomes the report of the Special Rapporteur on the situation of human rights in the
Palestinian Territories occupied since 1967 (A/HRC/10/20), and calls upon the Government of
Israel to cooperate with all relevant Special Rapporteurs in accordance with Council resolution
S-9/1 to allow them fully to discharge their mandates;
2. Deplores the recent Israeli announcements of the construction of new housing units
for Israeli settlers in the Occupied Palestinian Territory, particularly in and around occupied
East Jerusalem, as they undermine the peace process and the creation of a contiguous, sovereign
and independent Palestinian State, and are in violation of international law and Israeli pledges at
the Annapolis Peace Conference of 27 November 2007;
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3. Expresses its grave concern at:
(a) The continuing Israeli settlement and related activities, in violation of international
law, including the expansion of settlements, the expropriation of land, the demolition of houses,
the confiscation and destruction of property, the expulsion of Palestinians and the construction of
bypass roads, which change the physical character and demographic composition of the Arab
occupied territories, including East Jerusalem, and the Syrian Golan, and constitute a violation of
the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of
12 August 1949, and in particular article 49 of that Convention; settlements are a major obstacle
to the establishment of a just and comprehensive peace and to the creation of an independent,
viable, sovereign and democratic Palestinian State;
(b) The Israeli Plan settlement construction in the vicinity of the ADAM settlements in
the occupied West Bank, which constitutes a new settlement block;
(c) The increasing number of newly built structures amounting in 2008 to 1,257,
including 748 permanent buildings and 509 mobile structures, which obstructs the efforts of the
international community to advance the Middle East Peace Process;
(d) The implications for the final status negotiations of the announcement by Israel that
it will retain the major settlement blocks in the Occupied Palestinian Territory, including
settlements located in the Jordan Valley;
(e) The expansion of Israeli settlements and the construction of new ones on the
Occupied Palestinian Territory rendered inaccessible behind the wall, which create a fait
accompli on the ground that could well be permanent and would be tantamount to de facto
annexation;
(f) The continued closures of and within the Occupied Palestinian Territory, and the
restriction of the freedom of movement of people and goods, including the siege imposed on the
Occupied Gaza Strip, which have created an extremely precarious humanitarian situation for the
civilian population as well as impaired the economic and social rights of the Palestinian people;
(g) The continued construction, contrary to international law, of the wall inside the
Occupied Palestinian Territory, including in and around East Jerusalem;
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(h) The latest Israeli plan to demolish more than 88 houses in Al-Bustan neighbourhood
at Silwan which will be resulting in displacing more than 1,500 Palestinian residents of
East Jerusalem;
4. Urges Israel, the occupying Power:
(a) To reverse the settlement policy in the occupied territories, including in
East Jerusalem, and the Syrian Golan and, as a first step towards their dismantlement, to stop
immediately the expansion of the existing settlements, including “natural growth” and related
activities;
(b) To prevent any new installation of settlers in the occupied territories;
5. Urges the full implementation of the Access and Movement Agreement
of 15 November 2005, particularly the urgent reopening of the Rafah and Karni crossings, which
are crucial to the passage of foodstuffs and essential supplies, as well as the access of
United Nations agencies to and within the Occupied Palestinian Territory;
6. Calls upon Israel to take and implement serious measures, including confiscation of
arms and enforcement of criminal sanctions, with the aim of preventing acts of violence by
Israeli settlers, and other measures to guarantee the safety and protection of the Palestinian
civilians and Palestinian properties in the Occupied Palestinian Territory, including East
Jerusalem;
7. Demands that Israel implement the recommendations regarding the settlements made
by the United Nations High Commissioner for Human Rights in her report to the Commission on
Human Rights at its fifty-seventh session on her visit to the occupied Palestinian territories,
Israel, Egypt and Jordan (E/CN.4/2001/114);
8. Demands that Israel, the occupying Power, comply fully with its legal obligations, as
mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice;
9. Urges the parties to give renewed impetus to the peace process in line with the
Annapolis Peace Conference and the Paris International Donors’ Conference for the Palestinian
State and to implement fully the road map endorsed by the Security Council in its
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resolution 1515 (2003) of 19 November 2003, with the aim of reaching a comprehensive
political settlement in accordance with the resolutions of the Security Council, including
resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973, and other
relevant United Nations resolutions, the principles of the Peace Conference on the Middle East,
held in Madrid on 30 October 1991, the Oslo Accords and subsequent agreements, which will
allow two States, Israel and Palestine, to live in peace and security;
10. Decides to continue the consideration of this question at its thirteen session of
March 2010.
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