A/HRC/40/41
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 37/33
on human rights in the occupied Syrian Golan, adopted on 23 March 2018, in which the
Council called upon Israel, the occupying Power, to comply with the relevant resolutions of
the General Assembly, the Security Council and the Human Rights Council. The Council
recalled in particular Security Council resolution 497 (1981), in which the Security Council
decided, inter alia, that the decision of Israel to impose its laws, jurisdiction and
administration on the occupied Syrian Golan was null and void and without international
legal effect, and demanded that Israel rescind forthwith its decision.
2.
In its resolution 37/33, the Human Rights Council requested the Secretary-General
to bring the resolution to the attention of all Governments, the competent United Nations
organs, specialized agencies, international and regional intergovernmental organizations
and international humanitarian organizations, to disseminate it as widely as possible and to
report on the matter to the Council at its fortieth session. In addition, the Council decided to
continue its consideration of the human rights violations in the occupied Syrian Golan at its
fortieth session.
II. Implementation of Human Rights Council resolution 37/33
3.
On 26 November 2018, the Office of the United Nations High Commissioner for
Human Rights (OHCHR), on behalf of the Secretary-General, addressed a note verbale to
the Government of Israel referring to Human Rights Council resolution 37/33 and
requesting information on any steps taken or envisaged, concerning the implementation of
the resolution. At the time of reporting, no reply had been received.
4.
On the same day, and on behalf of the Secretary-General, OHCHR addressed a note
verbale to all permanent missions in Geneva to draw their attention to Human Rights
Council resolution 37/33 and to request the Governments of Member States to provide
information on any steps taken or envisaged, concerning the implementation of the relevant
provisions of the resolution. The Permanent Missions of the Syrian Arab Republic, Algeria
and Iraq responded to that request.
5.
Also on the same day and on behalf of the Secretary-General, OHCHR addressed a
note verbale to the competent United Nations organs, specialized agencies, international
and regional intergovernmental organizations and international humanitarian organizations
to bring to their attention Human Rights Council resolution 37/33. OHCHR did not receive
any replies thereto.
6.
On 7 December 2018, the Permanent Mission of the Syrian Arab Republic addressed
a note verbale to OHCHR, in which it stressed that since 1967 in the occupied Syrian
Golan, Israel, the occupying Power, had been systematically violating international law,
United Nations resolutions and provisions of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War (Fourth Geneva Convention) and the
Protocol additional to the Geneva Conventions of 1949, and relating to the protection of
victims of international armed conflicts. The United Nations resolutions included Security
Council resolutions 237 (1967), 242 (1967), 338 (1973) and 497 (1981), and all relevant
resolutions adopted by the Economic and Social Council and the Human Rights Council.
7.
The Syrian Arab Republic also referred to the report of the Secretary-General on the
economic and social repercussions of the Israeli occupation on the living conditions of the
Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of
the Arab population in the occupied Syrian Golan (A/73/87-E/2018/69). It noted that the
relevant paragraphs on the occupied Syrian Golan highlighted Israeli violations of the civil,
political, economic, social and cultural rights of the Syrian residents, in particular with
regard to the decision taken by Israel to impose its laws, jurisdiction and administration in
the occupied Syrian Golan since 1981, including by supporting settlement policies. The
Secretary-General had indicated that Israeli practices and policies in the Occupied
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