42nd Session of the Human Rights Council - GICJ's Joint Oral Statements

Geneva International Centre for Justice delivered 21 oral statements jointly with International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD) and International-Lawyers.org during the 42nd Session of the UN Human Rights Council. Several thematic issues and country-specific situations were addressed under the various Agenda Items of the Council.

Human Rights Council Agenda Items

Item 2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General.
Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
Item 4: Human rights situations that require the Council’s attention.
Item 5: Human rights bodies and mechanisms.
Item 6: Universal periodic review.
Item 7: Human rights situation in Palestine and other occupied Arab territories.
Item 8: Follow-up to and implementation of the Vienna Declaration and Programme of Action.
Item 9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up to and implementation of the Durban Declaration and Programme of Action.
Item 10: Technical assistance and capacity-building.

Contents

Thematic Issues
Country-Specific Issues

Thematic Issues

Item 3: Interactive Dialogue with Special Rapporteur on hazardous waste

9 September 2019

Delivered by: Mr. Mutua Kobia

Thank you, Mr. President.

We welcome the report including its Principles on human rights to protect workers from toxic substances submitted by the Special Rapporteur on hazardous substances and wastes, Baskut Tuncak. We also appreciate the attention to this very concerning issue.

In light of this, EAFORD and Geneva International Centre for Justice highlights workers in war and conflict situations who are often exposed to toxic and hazardous substances during the production phase, the actual conflict, and post-conflict clean-up situations. Worse still, in several regions vulnerable children work in the production phase and other such activities attributed to war and conflicts and/or emergency situations.

Military activities are directly linked with the use of toxic chemicals and workers bear the risk of being exposed to explosives such as TNT, RDX, PBX; heavy metals such as mercury and depleted uranium and other materials such as rocket propellants, special paints, perchlorate and nitro-glycerine.

Furthermore, workers in post conflict situations are also at great risk to exposure of hazardous waste whereby many are volunteers or regular citizens who are unaware of the risks and dangers.

Mr. President,

In Iraq, contamination, pollution, tonnes of war debris and toxic waste as a result of the 2003 invasion and the following armed conflict has resulted in environmental disaster leaving high levels of radiation, extensive PCB and sulphur contamination and several toxic stockpiles amongst others. In Mosul alone, there is an estimated 80 million tons of conflict debris. Regrettably, this waste from invasions and armed conflict in the city is being cleaned up by residents who work tirelessly with the risk of being exposed to this toxic environment.

Mr. Special Rapporteur, in your report how would the Principles, especially, Principle 4 on hazard elimination in preventing occupational exposures, be applied to workers in conflict and war situations, from the production line to post-conflict clean-ups?

Thank you for your attention.

View the Commission of Inquiry’s response to the statement.

Item 9: Interactive Dialogue with the Working Group of Experts on People of African Descent

24 September 2019

Delivered by: Mr. Mutua Kobia

Thank you, Mr. President,

We welcome the report of the Working Group on People of African Descent and especially its activities to assist stakeholders in the implementation of the programme of activities for the International Decade for People of African Descent. However, much more needs to be done to eliminate the scourges of racism including acknowledging the various existing forms of Afrophobia and disaggregated data collection.

As in the Thematic Analysis of the report we re-emphasize the historical structural barriers flowing from colonialism in many regions of the world. Furthermore, it should be well noted that negative, inaccurate, and misinformation, especially in media including social medias, continue to shape false perceptions of people of African Descent.

With regard to the situation in Europe we agree with a comment by the Council of Europe (CoE) on human rights that historical roots, namely colonialism and the Trans-Atlantic Slave Trade, are acknowledged as persisting factors towards modern prejudices and inequalities in Europe. The comment also noted that racism and racial discrimination against People of African Descent was experienced at all levels of society, including the governmental level, and in numerous countries adversely affecting social cohesion and inclusion. We are also concerned that the lack of diversity as a result of racial discrimination and Afrophobia serves as a deterrent to interested persons in such fields.

Finally, EAFORD and Geneva International Centre for Justice would like to raise the important and overdue issue of reparations, whereby the historical and cultural aspect of People of African Descent must be taken into account. Additionally, it is a known fact that numerous regions, especially in Africa, are abundant in rich natural resources and minerals yet the local population suffer from poverty and lack of control or profit from their very own lands, which are instead exploited to fuel economic growth and luxuries in foreign countries.

In conclusion, we bring to attention the Multiyear outreach programme toward implementation of the DDPA and would appreciate comments by the eminent experts of the Working Group regarding starting the process for distribution of DDPA information.

I thank you.

Item 9: General Debate

24 September 2019

Delivered by: Ms. Valentina Ferreira Gutiérrez

Thank you, Mr. Vice-President,

Our organizations are deeply disappointed and worried about the lack of commitment of UN members for eliminating all forms of racial discrimination and other related forms of intolerance. No country is free from racism and xenophobia and even Western countries who are advanced in adopting human rights, have significant efforts to make.

In this regard, we would like to bring up the case of Switzerland and the worrying institutional and structural racism against unaccompanied minor migrants in its territory. Despite its commitment in 2001 to implement the Durban Declaration and the ratification in 1994 of the International Convention on the Elimination of All Forms of Racial Discrimination, Switzerland has still not satisfied its obligations toward its migrant population.

Today, many unaccompanied minor migrants are living in precarious conditions where their mental health is at risk every day. Many of their fundamental rights are constantly being violated, including a limited access to education and job opportunities. Police abuses are also very frequent against them, since they do not have any legitimation document attesting their care by the Minors Protection Services, they are de facto considered as "undocumented" and therefore, detained.

All of these conditions lead to tragic consequences such as the suicide of Ali, an afghan migrant, in the centre where he was living. The serious lack of resources made available to workers for adequate supervision of young migrants made vulnerable by past traumas, as well as the silence of authorities after professionals complained, are leading this population into a worrying future. Therefore, International Lawyers and Geneva International Centre for Justice urge Switzerland to improve its hosting conditions for unaccompanied minor migrants and guarantee them a safe place where they can fully thrive.

I thank you.

Item 9: General Debate

24 September 2019

Delivered by: Mr. Mutua Kobia

Thank you, Mr. President,

In the past decade Europe has experienced significant migrant influx, especially refugees and asylum seekers. This is an important phenomenon to realise as blame for related crises and ensuing situations unjustly fall on minority groups. However, the concerning responses to this phenomenon and towards hostile acts have been wrongly directed and addressed by both civilians and politicians alike that has resulted in discriminatory laws, including negative stereotypes, intolerance of particular vulnerable groups, hate speech, and various forms of discrimination, racism, and xenophobia.

EAFORD and Geneva International Centre for Justice remain concerned that despite a number of existing laws and provisions, both in European laws and international instruments that guarantees a society free from racial discrimination and xenophobia; race-based violent attacks, hate speech, verbal slurs, and various forms of racism are a serious issue in economic, social and political fields such as housing, employment, health-services, education, political participation and criminal justice, among others. Moreover, the media is continuously being controlled and exploited to spread xenophobia, stereotypes, and untrue claims.

In addition to the lack of political will to address and eliminate racism and racial discrimination, we remain deeply concerned over systematic budget reduction for the implementation of the DDPA, its program of activities, and the multi-year outreach programme. This further undermines the commitments made to reduce racism, racial discrimination, xenophobia and related intolerances.

To conclude, Mr. President, we recommend states:

To Adopt and fully implement the DDPA, and
to exercise due diligence with regard to all forms of media such that they do not promote hatred but instead to use such platforms to promote inclusion, integration, and solidarity.

Country-Specific Issues

Item 6: Consideration of the UPR on Albania

19 September 2019

Delivered by: Ms. Stephanie Woelfle

Thank you, Mr. President

We appreciate Albania’s participation in the UPR process and commend improvements made to the rights of both women and children. Greater representation of women in government, mother’s right to return to work after maternity leave, and reversing the burden of proof in sexual harassment cases are examples. Tremendous strides in decreasing the mortality rate of children under the age of 5 have occurred.

Despite these advancements, Roma and Egyptian women and children remain two vulnerable groups. Child marriage is prevalent with 19% - 31% of Roma women married between the ages of 13 to 17. Over half have not completed any education and experience early and frequent pregnancies. Infant mortality is increased due to lack of access to health care and prenatal checks. Nutritional deficits cause higher rates of moderate and severe stunted growth in children. Children of poverty are seen begging in the streets or are in institutions despite one parent being alive. Cultural distance, anticipation of negative interactions with health providers, and fears of discrimination hamper families from accessing social services.

International-Lawyers and Geneva International Centre for Justice offer the following recommendations to improve support for these two vulnerable populations. For women, improving access to education will increase school enrolment and completion, delay marriage, and provide job opportunities. Access to birth control can delay the age of first childbirth resulting in better health outcomes. For children, nutrition and health services will result in improved weight, less infections, and decreased mortality. We encourage Albania’s continued efforts to improve women’s and children’s rights in its next UPR review.

Thank you, Mr. President.

Item 6: Consideration of the UPR on Brunei Darussalam

20 September 2019

Delivered by: Ms. Aqsa Hussain

Thank you, Mr President.

International-lawyers.org and Geneva International Centre for Justice commend Brunei’s active participation in the UPR process.

Whilst Brunei’s 2035 vision has the potential to transform the country, as many here have acknowledged, we echo the concerns outlined in the recommendations that this transformation will take a worrying turn if the Penal Code Order of 2013 continues to be implemented in its current format.

Several provisions in this penal code allow for disproportionate, inhumane and degrading punishments.

For instance, with the age of criminal responsibility still being shockingly low at 7 years old. children are able to receive life imprisonment and corporal punishment as sentences. The acts of adultery and homosexuality are punishable with the death penalty. Specifically, women can be stoned to death for adultery.

These disproportionate punishments are being applied to people who are already vulnerable and marginalised by society. They are flagrant violations of international law and particularly of treaties which Brunei itself has ratified.

We urge the government of Brunei to amend or repeal these draconian provisions and remind them that they have successfully maintained a de facto moratorium on the death penalty for over two decades. Therefore, its reintroduction is a step backwards. At present, the government has acceded to three of the 18 core UN human rights treaties. This is certainly progress in the right direction, we encourage Brunei to join other treaties and tangibly reaffirm their commitment to progressing human rights.

We also encourage Brunei to commit to creating a national independent human rights institution in accordance with the Paris Principles that will support the country’s ongoing efforts to improve human rights.

Thank you, Mr President.

Item 6: Consideration of the UPR on Costa Rica

20 September 2019

Delivered by: Ms. Audrey Ferdinand

Thank you, Mr. Vice President,

We welcome the UPR outcome report of Costa Rica and commend the decision of its Government to accept one hundred and ninety-four recommendations.

We congratulate Costa Rica for the steps taken to enhance the protection and promotion of human rights, especially by increasing access to potable water and by adopting laws prohibiting all forms of discrimination in employment. We further welcome the decision to give same-sex couples the right to marry as of 2020.

Despite these efforts, we remain concerned about discrimination against indigenous people, persons of African descent, migrants, asylum seekers, refugees, women, older people, and persons with disabilities. In particular, we are deeply concerned by the widespread sexual harassment, violence against women and femicide in the country, and by the lack of prosecution of these crimes. We also note with concern the lack of possibility for indigenous people to participate to the national general mechanism of consultation in their own language.

Mr. Vice President, EAFORD and Geneva International Centre for Justice call for the respect of the right of all people, regardless of gender, sexual orientation and national origin. We call on the government of Costa Rica:

To implement the UPR recommendations it accepted in this and previous sessions;
To take steps towards the elimination of all violence against women by tackling root causes through awareness raising campaigns and trainings, and by providing adequate remedies for victims;
Finally, we call on the government to facilitate and increase the participation and consultation of indigenous people, and the restoration of their lands.

I thank you.

Item 6: Consideration of the UPR on Côte d’Ivoire

19 September 2019

Delivered by: Ms. Sarah Tayara

Thank you, Mr President,

Following the recommendations of the previous cycle, we would like to commend Côte d’Ivoire on the introduction of the anti-trafficking law in 2016, a significant advancement in rights of the child. We recognise the government’s increasing efforts to fight this issue which is demonstrated through the establishment of an anti-trafficking committee. We are also encouraged by the revision of the Hazardous Work List which now prohibits children from working in mines and using sharp tools. This demonstrates that the country is making a commitment to combat the worst forms of child labour.

However, we would like to draw attention to grave issues concerning the rights of children. It is with deep regret that we note that the engagement of children in Côte d’Ivoire in the worst forms of child labour still persists in the harvesting of cocoa and coffee, sometimes as a result of human trafficking.

There still remain undeniable gaps in the country’s formal mechanisms to fight child trafficking. Progress is hindered by a failure to consistently convene the anti-trafficking committee. This is exacerbated by a lack of clear understanding of the appropriate role of the implementing agencies. Although the Government maintains programs to help children working on cocoa farms, the scope of such programs is insufficient to fully address the extent of the problem.

Mr President, the children of Côte d’Ivoire affected by this matter deserve at the very least to have a functional committee which prioritises them and the fight against child trafficking and child labour

As recommended during the review by several states, International Lawyers and Geneva International Centre for Justice encourages Côte d’Ivoire to continue in its efforts to combat child trafficking and child labour by regularly assembling the committee, clarifying roles and providing increased training for law enforcement and judicial officials.

Thank you, Mr President.

Item 6: Consideration of the UPR on Ethiopia

20 September 2019

Delivered by: Ms. Aya Alshekhili

Mr. President,

We thank the cooperation of the State of Ethiopia in the universal periodic review in the third cycle.We regret to witness the destruction of temporary structures by the authorities in several areas of Ethiopia after millions of people were forced to flee their homes in search of security and safety for their families. International Lawyers and Geneva International Centre for Justice believe that the return of people to destroyed and destructed areas is not a solution without government support and availability of fundamental life requirements. We support the recommendations that internally displaced persons be treated in accordance with internal displacement guidelines.

We look forward to the adoption by the Government of Ethiopia of the African Union Convention for the Protection of Internally Displaced Persons (Kampala Convention).

We promote the recommendation relevant to addressing the drivers of conflict between civil societies within the country and propose to consult with communities and to refrain from using military or security forces. We urge the State of Ethiopia to guarantee the education of displaced children and to continue to improve the quality of education by providing support for school construction, training of persons and distribution of school equipment.

Recent reports point to difficulties faced by aid workers. We hope the government will assist in tackling challenges faced by humanitarian workers.

We call on the Ethiopian government to accelerate the reconstruction of the affected areas and turn its attention to the infrastructure of these areas for the purpose of resettling the displaced persons.

Mr. President,

Finally, we encourage the State of Ethiopia in its efforts to address the recommendations made by States to ensure the rights of internally displaced persons.

Thank you.

Item 3: General Debate on Iraq

16 September 2019

Delivered by: Ms. Aya Alshekhili

Mr. President,

International Lawyers and Geneva International Centre for Justice would like to reiterate their previous appeals about the dire human rights situation in Iraq.

The Iraqi government has failed to comply with its obligation under international law to take measures to protect civilians and provide them with the basic needs. The Iraqi people are subjected to arbitrary arrests, torture and then forcibly disappeared at the hands of the government forces and its affiliated militias.

Under the pretext of fighting terrorists, many cities have been destroyed. This renders the return of about two million people to their homes impossible. No real construction is going on due to the high level of corruption at all official levels.

Mr President

We also remain concerned about the failure of States to respond to the opinions of the Working Groups on Arbitrary Detention and Enforced Disappearances by bringing their actions into conformity with their international legal obligations. In particular, the case of Iraq.

We regret, for example, that both the United States and Iraq continue to allow Mr. Shawki Ahmed Omar to be held—in excess of 15 years—in arbitrary detention without access to his lawyer or his family and apparently subject to torture , cruel and inhumane treatment after an unfair trial.

The responsible governments cannot be allowed to cover up their human rights abuses. We urge both Working Groups to take all necessary steps—including visiting persons who have been allegedly subject to human rights violations—to address the horrendous situations and ensure respect for the applicable international law.

Thank you.

Item 3: General Debate on Iraq

16 September 2019

Delivered by: Ms. Isabela Zaleski Mori

Thank you, Mr. Vice-President.

We would like to draw the Council’s attention to the alarming situation of trafficking in persons in Iraq.

Twenty-seven human trafficking networks have been documented in the country, most of which practice human organ trafficking and prostitution of women and girls, including IDPs and refugees. New recruits were reportedly exposed to sexual torture and gang rape by members of government affiliated militias.

Regrettably, there’s evidence indicating that key government officials, are involved in this trafficking activity, using their powers and security positions to aid the traffickers in escaping justice.

Mr. Vice-President,

The acute water crisis in Iraq equally needs to be addressed. In 2018, at least one hundred eighteen thousand people from Basra were hospitalized with symptoms identified as related to water quality. Government engineering projects to improve water quality have failed to tackle this crisis, due to mismanagement and corruption, which violate the Basra population’s rights to water, sanitation and health.

EAFORD and Geneva International Centre for Justice urge this Council to appoint a special rapporteur for Iraq to investigate all the gross human rights violations, including human trafficking, and to monitor corruption and water mismanagement. Finally, we call on the government to put an end to its alliance with private militias and their exploitation of innocent civilians.

Thank you.

Item 4: General Debate

18 September 2019

Delivered by: Mr. Naji Haraj

Mr President,

I address you and the members of this distinguished Council to convey the suffering of the families of victims of enforced disappearance in Iraq. Government forces and militias affiliated with the state have for years kidnapped tens of thousands of innocent people and refused to release them or divulge any information about them. The Iraqi authorities are fully aware of all the details but choose not to acknowledge this.

They are actively trying to divert the matter from a case of enforced disappearance, which is a crime against humanity, to an ordinary case of people going missing and are attempting to shift the blame onto the families of the victims when they file complaints.

What remains obvious to everyone including UN mechanisms, is that the Iraqi judiciary is not independent but is under the influence of political forces and the perpetrators of such violations.

We have submitted the names and details to the Office the High Commissioner and have sent the details to the Committee on Enforced Disappearances (CED). We have also highlighted the magnitude of this tragedy in our written statements to Human Rights Council sessions including this one.

So, Mr. President, what the UN mechanisms only have left to do, especially this distinguished Council, is take the necessary actions in the face of those ongoing organized crimes in Iraq.

Geneva International Centre for Justice and international-Lawyers.Org reiterate their previous calls regarding the importance of forming an independent international committee to investigate everything that has happened and all the crimes committed since 2003 in Iraq. A Special Rapporteur on the situation of human rights in Iraq should also be appointed, and the Popular Mobilization Forces should be dissolved and prosecuted for crimes against civilians.

Thank you.

Item 4: General Debate

18 September 2019

Delivered by: Ms. Audrey Ferdinand

Thank you, Madam Vice President.

The Iraqi people have been waiting since 2003 for steps to be taken towards truth, justice and reparation. Ending impunity and providing measures of satisfaction are the only means to prevent future atrocities and create sustainable peace.

The crimes committed during the invasion and occupation included all forms of torture, extrajudicial killings, enforced disappearances, forcible recruitment of children, rape and other sexual violence, and destroying of homes and facilities.

These crimes led to a large number of victims suffering terrible health issues and needing support, as well as millions of internally displaced persons and persons fleeing the country. These violations are condemned under international human rights law and humanitarian law.

Accountability is essential in Iraq for all acts of the past decades and victims must obtain reparations for their losses. With this aim, EAFORD and Geneva International Centre for Justice believe it is necessary to create an International Special Tribunal to prosecute all those involved in the invasion and occupation, and all those who committed atrocities in the past 16 years.

We also strongly recommend:

That Iraq ratifies the Rome Statute of the ICC,
That this Council creates a Special Rapporteur for Iraq to investigate all human rights violations since 2003, and
That the Security Council sets up a Compensation Commission for Iraq.

I thank you.

Item 4: Interactive Dialogue with the Special Rapporteur on Myanmar

16 September 2019

Delivered by: Ms. Lubna Sarra

Thank you, Madame Vice President,

We appreciate the efforts of the SR to highlight the ongoing grave human rights violations in Myanmar. The armed conflict in Myanmar has affected the lives of many people. We are deeply concerned with the recent UN experts’ news release of 3 September 2019 on the use of forced and incommunicado detentions as well as the use of torture on young men and boys. Arrests and detentions are being made based solely on suspicion of association with the Arakan Army under section 50(a) of the Counter-Terrorism Law. We call on the government to conduct an investigation into those allegations and deaths as they are not isolated cases. many people. The displaced are the most afflicted by lack of access to shelter, healthcare and education. Refugees are not receiving the appropriate humanitarian aid as most of them are not living in camps but in rural communities and therefore do not fall within the humanitarian funding framework. Their situation is the most distressing and requires immediate attention.

Madame Vice President,

Inmates have the right to proper medical care as well as right to a lawyer. We would like to emphasize that by detaining boys under the age of 15, Myanmar is violating its obligations according to the Convention on the Rights of the Child.

International-Lawyers.Org and Geneva International Centre for Justice support the recommendations made by the Special Rapporteur concerning the end of arbitrary arrests, improvement of conditions in prisons as well as providing better and safer conditions to enable the return of the displaced. Alternatives like local organisations should be sought to allow refugees access to humanitarian aid.

Finally, we ask the Special Rapporteur:

How can the participation of refugees in the dialogue about repatriation plans be ensured?

I thank you.

Item 4: Interactive Dialogue with the Fact-Finding Mission on Myanmar

17 September 2019

Delivered by: Ms. Valentina Ferreira Gutiérrez

Thank you, Madam Vice-President,

We thank the experts of the FFM for their last report on the human rights issue in Myanmar. We regret to note that Myanmar’s government is not inclined to guarantee to the Rohingyas and other ethnic groups the safety they deserve as citizens.

The military forces are still using excessive force against minority ethnic groups, especially young men of fighting age. Being immediately suspected of belonging to ethnic armed groups, young men are arbitrarily detained and forced to make false declarations in order to be prosecuted. Some of them face torture, violent interrogations and even death. We are very concerned about cases of prisoners who died while in Tatmadaw custody, where no further investigation has been made to prosecute the perpetrators and guarantee justice to the families of the victims.

We would like to draw the Council’s attention to the condition of the Rohingyas in Buthidaung prison where their basic rights are constantly being violated by acts of torture and other forms of violence.

Last but not least, the armed conflict between the Tatmadaw and the Arakan Army is severely affecting the civilian population because of the wide-area weaponry used by the Tatmadaw, without any consideration of the civilians living near the military objectives.

Madam Vice-President,

International Lawyers and Geneva International Centre for Justice urge the Council to take measures encouraging the Myanmar government to send to the ICC the commanders responsible for this genocide to answer for the many human rights violations including war crimes and crimes against humanity. Following the experts’ recommendations, we urge the Security Council to impose an arm embargo on Myanmar.

Thank you.

Item 6: Consideration of the UPR on Norway

19 September 2019

Delivered by: Mr. Inder Comar

Thank you, Madam Vice President.

International-lawyers.org and the Geneva International Centre for Justice express their gratitude for the commendable efforts of the Kingdom of Norway to comply with its human rights obligations. However, we note, with disappointment, that Norway failed to address climate change in its national report, particularly the human rights consequences of Norway’s fossil fuel production on poor countries.

Norway has amassed over $1 trillion US dollars in resources from the sale of North Sea oil. A 2017 report from Oil Change International concluded that Norway is exporting 10 times more emissions than the country produces at home and is the seventh largest exporter of greenhouse gas emissions. Norway has essentially been exporting its pollution to poor countries and contributing to a world where the most destitute and vulnerable are now exposed to the nightmare of an imminent climate breakdown.

We echo the calls of member states Fiji and Bhutan that climate change must be incorporated into Norway’s human rights policy. Norway can be a real leader on climate issues by taking action to promote and sustain the right to life, the right to health and the right to self-determination both in Norway and in those poor countries that are now most vulnerable to climate disasters.

In particular, we strongly recommend that Norway cease and desist with greenhouse gas producing activities, work with other countries to limit warming to 1.5 degrees by 2100, provide technology on a cost-free basis to poor and developing countries who will be most hit by climate change, and finally, lead on a just transition strategy to compensate and support poor countries for the unfair burden of climate change that countries like Norway have placed on them.

ITEM 2: General Debate on High Commissioner’s oral update on Commission of Inquiry on the 2018 protests in the Occupied Palestinian Territory

11 September 2019

Delivered by: Ms. Audrey Ferdinand

Thank you, Mr. President,

We thank the High Commissioner for her oral updates.

Last year, Palestinians decided to protest near the border between the Gaza Strip and Israel, for their right to return and their right to land. Each of the protests, which have been mostly peaceful, have been met by “slow methodical shooting” from the Israeli side and it is estimated that in 2018 alone over twenty-three thousand Palestinians were injured by Israeli forces and many have been killed. Palestinians continue to protest every Friday for their rights, despite the risks, and attacks from Israeli forces go on and on.

As the Commission of Inquiry stated in its report, Israeli forces shoot persons “who did not pose an imminent threat to its soldiers”. In doing so, Israel violated the right to life of Palestinian people, the principle of distinction and its obligations as occupying power.

EAFORD and Geneva International Centre for Justice regret that Israel did not cooperate with the Commission during its inquiry. We call on this Council to put pressure on Israel to respect its international obligations and to allow investigations within its territory. We further call for better access to health care for the numerous victims of the conflict. Finally, we call for accountability for all acts perpetrated by the Israeli forces which, during these protests, amount to war crimes and crimes against humanity.

I thank you, Mr. President.

ITEM 7: General Debate

23 September 2019

Delivered by: Ms. Lubna Sarra

Madame Vice President,

We express our deepest concerns regarding the situation in occupied Palestine. Israel continues its systematic and unlawful destruction of the Palestinian people with total impunity. The intent to destroy the Palestinian people by displacing and killing them amounts to genocide.

Israeli forces continue to use excessive violence against peaceful protesters that are exercising their civil and political rights. Arrests are arbitrary, with police forces raiding homes and abducting Palestinians in front of their families. Those abductions often lead to torture and death.

Children are not spared. Israel applies a military law on all the Palestinians of the West Bank. There have been cases where Palestinian children under the age of 12 have been summoned to court, interrogated, and charged with offenses that were not a threat to the public order or Israeli forces. This left the children traumatised.

International-Lawyers.Org and the Geneva International Centre for Justice strongly condemn the illegal annexation pledges made by the Israeli government and unilaterally supported by the US administration including the annexation of the Golan Heights which remain occupied Syrian territories under Security Resolutions 242 and 338. We call on the council to pressure Israel to:

Cease all annexation plans as they are in violation of international law and undermine peace talks, and
End all acts of

Thank you, Madame Vice President.

ITEM 7: General Debate on Israel

23 September 2019

Delivered by: Ms. Audrey Ferdinand

Thank you, Madam Vice President,

We regret to come once again before this Council to denounce the dire living conditions of the Palestinian people in the OPT and the continuous human rights violations perpetrated by Israel.

We are deeply concerned by the recurrent violations of

the rights of children, who must be treated in accordance with their status as vulnerable people. We call for the respect of their rights, including the rights to health and to education.

We are concerned with the support provided to Israel by the International Community and denounce the recognition of Jerusalem as Israel’s capital by the US and Guatemala. We are further concerned by the few countries that are considering moving their embassy to the city of Jerusalem. These unilateral decisions are a de-facto recognition of Israeli sovereignty over a territory it occupies illegally. Therefore, we call on the US and Guatemala to reverse their decision and on all States to condemn such actions.

Moreover, we call on all States to take measures to ensure that businesses refrain from undertaking activities in the OPT that benefit Israel and not Palestinians, which further infringe upon the rights of the Palestinian people.

Madam Vice President,

EAFORD and Geneva International Centre for Justice call on this Council and the International Community to pressure Israel to respect its obligations under international law, humanitarian law and human rights law. Finally, we call on the OHCHR to publish and update a database of businesses operating in illegal Israeli settlements.

I thank you.

Item 6: Consideration of the UPR on Qatar

20 September 2019

Delivered by: Ms. Elizabeth Cole

Thank you, Madame Vice President.

We commend Qatar’s recent progress towards equal rights with its accession to the ICCPR and the ICESCR. We are also pleased to see that more efforts are being made to ensure the equal treatment of men and women in line with Qatar’s obligations under CEDAW. More specifically, that the UPR’s recommendation that it works towards combatting domestic violence has seen some response, mostly giving responsibility to the community police and medical services. Yet, this has not been as effective as hoped.

Similar to recent recommendations made by the Committee against Torture and re-iterated in the recent UPR, this is largely because domestic violence and marital rape have not been specifically criminalised under the Penal Law – other than a vague clause encouraging husbands to refrain from hurting their wives ‘physically or morally’. As a result, such violence against women is tolerated by some communities as a form of acceptable discipline, and women frequently fail to report cases of domestic violence or sexual abuse either for reasons of stigmatisation, fear of losing their children or their rights, or fear of being outcast from their community.

Therefore, while Qatar’s ratification of CEDAW and other human rights treaties is a great step, the legal requirements of these treaties should be transferred explicitly to the domestic legal system and any reservations removed for lasting progress to be made in this area.

International-Lawyers.org and Geneva International Centre for Justice offer the following recommendations in support of Qatar’s continued efforts to improve women’s rights:

Explicitly criminalise domestic violence and sexual abuse in the Penal Law
Remove all reservations to CEDAW
Continue with current efforts to improve awareness and support of women’s issues

Thank you, Madame Vice President.

Item 4: Interactive Dialogue with the Commission on Human Rights in South Sudan

16 September 2019

Delivered by: Mr. Mutua Kobia

Thank you, Madam Vice President,

We appreciate the oral update by the Commission on Human Rights in South Sudan and express our deep concern over the horrific human rights situation in the country, especially after the revitalized peace deal.

While we welcome recent developments, a recent report by the International Committee of the Red Cross recorded a high number of patients with gunshot wounds and noted that the numbers are nearly a 25 percent increase since the peace deal was signed. This indication of continued violence is deeply troubling and raises concern over how long the South Sudanese people will continue to suffer from the armed conflict in South Sudan.

Worse still, the violence by the warring parties has had serious impacts on health centres as incidents of looting and other violations such as armed threats to staff and health workers was reported. This is an especially dire situation especially considering that food insecurity is on the rise and public health has continued to deteriorate.

Madam Vice President,

The continued targeted violence against civilians, especially women and girls, and people of certain ethnicities is also of grave concern and must come to an immediate end. Furthermore, the perpetrators of such violence cannot continue to enjoy impunity.

To this end, we urge all relevant stakeholders to support the hybrid court as well as the specialised sexual and gender-based violence court and to ensure its effective and efficient functioning. Additionally, women and victims of human rights abuses must be guaranteed effective participation in this process.

In conclusion, EAFORD and Geneva International Centre for Justice calls for an end to violations of international law and international humanitarian law; and appeals for enhanced cooperation and mutual discussions between civil society and government authorities towards realising peace and reconciliation.

Finally, for the protection of civilians, we ask the Commission what measures can or are being taken to reduce the inflow and easy access of arms in South Sudan?

I thank you.

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42nd Session of the Human Rights Council - GICJ's Joint Oral Statements

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