A/HRC/10/76
Page 19
75.
Maldives noted that human rights improvements in Israel are not matched by
improvements in the territories under its effective control, especially the Occupied Palestinian
Territories, reflecting the State’s refusal to recognize the applicability of international
humanitarian law and human rights law beyond its territory. It noted that the human rights of the
Palestinians are undermined on a massive scale and that, until their fundamental rights are fully
protected, the inalienable right of every person in the region to live in peace, security and
prosperity will never be realized. Maldives recommended that Israel end the occupation of the
Occupied Palestinian Territories; recognize and respect the right of the Palestinian people to selfdetermination and to establish an independent sovereign Palestinian State; respect its obligations
under international human rights and humanitarian law with regard to the Palestinian people;
acknowledge and fully implement the ruling of the International Court of Justice and
immediately cease work on the construction of the wall in the Occupied Palestinian Territories
and begin dismantling it; fully and immediately implement all Council resolutions on the
situation of human rights in the occupied territories.
76.
Indonesia, although acknowledging that Israel has been living in a state of emergency for
over 40 years, was concerned that it continues to use the conflict to justify practices contravening
international law; this applied particularly to the protection of basic rights of the civilian
population in the Occupied Palestinian Territories and other Arab occupied territories, including
the Golan Heights. It asked how denying the rights of Palestinians to have access to their place
of work and to a job, attend school, receive medical care or enjoy such basic necessities as clean
water and electricity could help its cause in the war. It asked if, on the contrary, being deprived
of these basic rights acts as a permanent and grievous irritant for these populations, keeping the
hostilities going unnecessarily. Indonesia asked whether a plan or timetable was being
considered to dismantle the wall, adding that it was important that the many resolutions and the
ruling of the International Court of Justice on the matter be implemented rather than
systematically flouted or disregarded.
77.
Argentina, noting that Israel placed a de facto moratorium on the death penalty,
suggested that Israel evaluate the possibility of ratifying the second optional protocol to the
International Covenant on Civil and Political Rights with a view to abolishing the death penalty.
Argentina requested Israel to consider the possibility of signing and ratifying the International
Convention for the Protection of All Persons from Enforced Disappearance and accept the
competence of its Committee.
78.
South Africa expressed concern that the national report does not cover the Occupied
Palestinian Territories nor the occupied Syrian Golan. It noted that the State’s position, that its
obligations under international human rights treaties do not apply beyond its own territory, has
no basis in international law. It requested clarification. It noted as commendable the measures
highlighted in the national report on implementing the economic, social and cultural rights of
Israeli citizens, including the right to land and housing. It asked how these can be regarded as
having implemented international human rights treaties if they are in direct contradiction to the
enjoyment of the human rights of Palestinians, especially the right to self-determination and the
right to return. South Africa recommended that the Government take urgent and immediate steps
to end its occupation of all Palestinian and Arab Territories occupied since 1967; implement all
Human Rights Council, General Assembly and Security Council resolutions with regard to the
Occupied Palestinian Territories and other Arab territories; introduce measures to respect the
right of the Palestinian people to self-determination and their right to return; accept its
obligations under international human rights and humanitarian law; cease action that would alter
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