States Pose Tough Questions to Israel about its Human Rights Record and Urge It to End the Occupation at UN Universal Periodic Review in Geneva
On 4 December 2008, Israel underwent review for the first time by the Universal Periodic Review (UPR) mechanism, under the auspices of the UN Human Rights Council in Geneva. Many issues highlighted by Adalah in its report to the UPR were raised by participating States during the review session.
Key points raised by States at the UPR included many cases of discrimination against Palestinian Arab citizens of Israel, notably:
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The lack of implementation of the Or Commission’s recommendations and the failure to indict police responsible for the killings of 13 Arab youth in October 2000; |
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The lack of basic services to the Arab Bedouin unrecognized villages in the Naqab (Negev) and Israel’s attempts to force the Arab Bedouin off of their ancestral lands; |
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The lack of constitutional protection for the right of equality as well as legislation favoring Jewish citizens; |
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The need to ensure the full participation of the Arab minority in the constitution-building process; |
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The need to revoke the ban on family unification between Palestinian citizens of Israel and Palestinians in the OPT; and |
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The lack of equal protection for “non-Jewish” holy sites. |
Regarding Israel’s policies and practices in the Occupied Palestinian Territory (OPT), States commented on the following gross human rights violations:
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Movement restrictions on Palestinians in the OPT and the settlements: States urged: an end to closures; the dismantling of checkpoints; compliance with the International Court of Justice's advisory opinion on the Wall; the dismantling of the settlements on Palestinian land; and the protection of the status of Jerusalem; |
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Humanitarian situation in Gaza: States called on Israel to ensure access to humanitarian aid, education, health, sanitation, and electricity in Gaza; and called Israel’s actions against civilians in Gaza a form of collective punishment; |
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Extrajudicial executions and detainees: States commented on Israel’s illegal policy of assassination; inquired into administrative detainees and about restrictions on detainees’ access to legal counsel and fair trial; and torture and ill-treatment of detainees; and |
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End the occupation: Many States also called on Israel to end the occupation of the 1967 OPT and the Golan Heights. |
States also recognized Israel’s progress in the field of women’s rights and the rights of persons with special needs, as well as measures to end the trafficking of women. A report of the UPR of Israel will be issued on 9 December 2008.
Adalah Attorney Suhad Bishara attended the UPR and presented Adalah’s report and other main concerns at two events and a press conference coordinated together with the Badil Resource Center for Palestinian Residency and Refugee Rights. The events aimed to raise awareness among representatives of foreign governments present for the UPR, the public and the press about Israel’s violation of international human rights and humanitarian law vis-à-vis Palestinian citizens of Israel and Palestinians in the OPT.
At these events, Badil focused on issues of the continuing displacement of Palestinians both in the OPT and in Israel, which are creating an ongoing refugee crisis. Attorney Suhad Bishara highlighted the new raft of anti-Arab legislation; discriminatory practices of the state together with the Jewish National Fund in land allocation; land dispossession and displacement of the Arab Bedouin in the Naqab; and the new land plans for Jerusalem which aim to ensure a Jewish majority in Jerusalem, isolate and prevent the growth of Palestinian neighborhoods, and further entrench the settlements.
Background on the UPR
The UPR involves a review of the human rights records of all 192 UN member states once every four years. The UPR process is operated by the Human Rights Council and the current review session is its third. The UPR was established when the Human Rights Council was created on 15 March 2006 by the UN General Assembly in accordance with UN resolution 60/251.
The reviews are conducted by the UPR Working Group, which consists of the 47 members of the Council; however, any UN Member state may take part in the dialogue with the reviewed states. The documents on which the reviews are based are as follows: (1) information provided by the state under review, which can take the form of a “national report”; (2) information contained in the reports of independent human rights experts and groups; and (3) information provided by other stakeholders, including non-governmental organizations.
Reviews take place through a discussion between the state under review and other UN member states. During this discussion any UN member state can pose questions, comments or make recommendations to the states under review. After the review process a report is written gathering all of the recommendations made, which the state in question may either accept or reject, providing its reasons. The state is expected to implement the agreed-upon recommendations by the time it is reviewed four years later.
