A/HRC/5/20
page 3
Introduction
1.
At its third special session, on 15 November 2006, the Council adopted resolution S-3/1 in
which it, among other things, called for a High-Level Fact-Finding Mission (hereinafter
High-Level Mission) to be established and for the mission to travel to the town of Beit Hanoun
in the occupied Palestinian territory of Gaza, following Israeli military operations carried out
there around 8 November 2006. The Mission was mandated, inter alia, to assess the situation of
victims; address the needs of survivors; and make recommendations on ways and means to
protect Palestinian civilians against any further Israeli assaults.
2.
The President of the Council appointed Archbishop Desmond Tutu of South Africa to lead
the High-Level Fact-Finding Mission, and Prof. Christine Chinkin of the United Kingdom of
Great Britain and Northern Ireland as a member of the High-Level Mission. In accordance with
the resolution, the Secretary-General and the United Nations High Commissioner for Human
Rights provided all administrative, technical and logistical assistance required to enable the
fact-finding mission to fulfil its mandate promptly and efficiently.
I. FIRST ATTEMPT TO TRAVEL TO BEIT HANOUN
3.
The members of the Mission gathered in Geneva in early December 2006 and requested
the cooperation of the Government of Israel in pursuing its mandate, in particular the granting of
the necessary visas for the Mission (including Secretariat staff) to enter Israel. Awaiting a
response, the High-Level Mission spent a week in consultations with various actors and
receiving briefings from United Nations and other organizations working in the occupied
Palestinian territory of Gaza and in Beit Hanoun in particular. A list of meetings and briefings
held during this week appears as annex I to the report. The schedule of meetings planned for the
High-Level Mission in Israel and Gaza appears as annex II.
4.
On Monday 4 December, Archbishop Tutu met with the Permanent Representative of
Israel to the United Nations Office at Geneva. During this meeting the Archbishop expressed the
High-Level Mission’s desire to meet with both Palestinian and Israeli officials and
non-governmental organizations with a view to hearing the views of all. The Archbishop also
signalled that the Mission would need to leave Geneva on Sunday 10 December 2006 at the
latest in order for him to return to Cape Town by 16 December to attend to previous
commitments. A later departure for Israel would not allow for the Mission to be completed
appropriately. Following the meeting with the Permanent Representative, visas to enter Israel
were sought, indicating that the arrival in Israel would be 10 December. No formal response to
the Mission’s request for visas was received (nor to date has been received) from the Israeli
authorities, which for the Mission indicated a refusal to issue visas. Reluctantly, the Mission was
abandoned. Archbishop Tutu wrote a letter to the Council dated 11 December 2006
(A/HRC/4/113) in which he outlined these developments and asked the President to bring them
to the attention of members of the Council.
5.
Once it became clear, in December 2006, that the High-Level Mission would not be
permitted to travel to Beit Hanoun via Israel, the High-Level Mission considered the most
appropriate means of giving effect to the mandate given to it by the Council. In doing so, the
Mission took into account a number of factors, including the following:
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