A/HRC/5/20
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6.
The Permanent Representative of Israel proposed that the members of the High-Level
Mission enter Israel in their personal capacities rather than as members of a mission constituted
by the Human Rights Council. This proposal was rejected for a number of reasons, principal
among them being the following:
(a) First, it would have effectively denied the mandate of the High-Level Mission and
the authority of the Council;
(b) Second, it would not have guaranteed access to Beit Hanoun, as the cooperation of
Israeli authorities would still be required to enter Gaza; and
(c) Third, it would have denied access to Secretariat staff, whose crucial assistance to the
High-Level Mission was mandated by the Council in its resolution.
7.
It was - and remains - a matter of grave concern to the HLFFM that a duly mandated
mission of the Human Rights Council would be prevented from addressing a critical human
rights situation due to the non-cooperation of a concerned Government in respect of issuing
visas. The High-Level Mission members expressed this concern in the clearest possible terms
during a press conference held in Geneva on 11 December 2006.
8.
On 22 March 2007, Prof. Chinkin made a statement to the Council at its fourth session
reporting on the progress of the High-Level Fact-Finding Mission in implementing the
resolution. That statement which covers the developments outlined above is annexed to this
report (annex III).
II. SECOND ATTEMPT
9.
Following the statement of Prof. Chinkin to the Council on 22 March 2007, the Council
on 27 March 2007 adopted without a vote resolution 4/2. In that resolution the Council,
inter alia, noted with regret that Israel, the occupying Power, has hindered the dispatching of the
urgent fact-finding mission, and called for the implementation of resolution S-3/1, including the
dispatching of the urgent fact-finding mission.
10. On 4 May 2007 Archbishop Tutu wrote to the Permanent Representative of Israel
indicating that the High-Level Fact-Finding Mission would be able to travel to Beit Hanoun from
10 to 14 June 2007, and informing him that the High-Level Mission would need to know
whether the Government of Israel would facilitate the Mission’s travel to Beit Hanoun via Israel
at the very latest by Friday 25 May 2007. The Archbishop also asked whether the inquiry into
the incident at Beit Hanoun announced by the IDF Chief of Staff had completed its work, and if
so, whether a copy of its report could be provided to the High-Level Mission. He reiterated his
desire that the mission be able to visit Beit Hanoun, as well as to visit Israel and meet with Israeli
officials and other organizations. In a letter dated 1 June 2007, the Permanent Representative of
Israel replied to Archbishop Tutu in terms which implied that the Government of Israel would
not extend the necessary cooperation to the HLFFM. No response to the request for a copy of the
IDF report was received.
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