Special Rapporteur Calls Israel’s Occupation of Palestinian Territory Unlawful

Mandate holders presenting reports on human rights situations in the Occupied Palestinian Territory, Somalia, Ethiopia, Burundi and Eritrea today defended their work against delegates’ criticism of their activities, as the Third Committee (Social, Humanitarian and Cultural) continued its interactive dialogues on human rights.

The first of six mandate holders to brief the Committee today, Navanethem Pillay, Chair of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel, presented her Commission’s report, expressing grave concern that ongoing occupation in the Palestinian territory is expanding and becoming permanent, while hiding behind a fiction of temporariness.  This permanence and annexation have led the Commission to conclude that Israel’s occupation is now unlawful, she said.

Further, actions of the Israeli Government may constitute the war crime of displacing a civilian population, she said.  Calling on the General Assembly to address Palestine’s continued occupation due to the persistent refusal of successive Israeli Governments to abide by international law, she asked that it seek the opinion of the Prosecutor of the International Criminal Court.

In the ensuing interactive dialogue, the representative of Israel rejected Ms. Pillay’s report as illegitimate, adding that antisemitism may be politically incorrect today, but the world now burns the Jewish State as it once burned Jews at the stake.  He cited the disproportionate focus of the Human Rights Council on his country, adding that the body has adopted more resolutions condemning Israel than it has on Syria, the Democratic People’s Republic of Korea and Iran combined.

The observer for the State of Palestine underscored that the law, not opinion, states that Israel has no sovereignty over the Occupied Palestinian Territory, condemning Israel’s refusal to allow United Nations mandate holders to visit the country.  Decrying that Israel has not implemented a single General Assembly resolution requiring the country to guarantee the safety of Palestinians, she asked what third‑party obligations are regarding impunity in the context of occupation.

Others were divided, with the representatives of Australia and Albania expressing concerns about the open-ended mandate, while the representatives of Namibia and South Africa supported it, with the latter underscoring that Israel is practising apartheid, not an assertion he would make lightly given his country’s history.

Sharing her colleague’s concern, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese highlighted growing violence marked by systematic targeting and extrajudicial killings of Palestinians by Israeli forces, while Israeli “settlers” destroy property and terrorise unarmed civilians and their children with impunity.  Labelling Israel’s persistent denial of the Palestinian people’s inalienable right to self-determination as “de-Palestinianization”, she underscored the tragic irony that Israel has advanced its occupation under the pretence of security reasons under the watch of the same international community that has vowed to end colonialism.

In the afternoon Betty Murungi, Chair of the International Commission of Human Rights Experts on Ethiopia, noted that conflict has returned to the region between Government and Tigrayan forces after a five-month pause.  The conflict has intensified with Eritrean troops fighting alongside Ethiopian forces on several fronts, causing Ethiopians to flee their homes for a second or third time.

She detailed the dire humanitarian situation in Tigray, where the Government has used starvation as a war tactic and looted or destroyed humanitarian aid.  The Commission also documented an increased prevalence of rape and gender-based violence committed by all sides of the conflict.  Measures the Government’s Inter‑Ministerial Task Force and National Dialogue Commission put forward during the Commission’s visit, if implemented, will contribute to transitional justice, she said.

In the ensuing interactive dialogue, the representative of Ethiopia said the Commission only exists to justify interventions and sanctions, recalling that no African country voted for its creation.  While his country welcomes constructive international dialogue, he said the Commission refused to work with its Government.  While their work with the Office of the United Nations High Commissioner for Human Rights (OHCHR) will continue, he dismissed the “desk report” made with a few phone calls from Geneva to unverifiable sources.

South Africa’s delegate, speaking on behalf of the African Group, said the Universal Periodic Review remains the only globally agreed mechanism to address human rights issues non-politically, with delegates from Venezuela and China echoing her point.

Eritrea’s delegate dismissed false accusations in the report, adding that it shifts blame away from the Tigrayan forces.  In support of the Commission, delegates from the European Union and United States expressed grave concern over its findings, underscoring the need to ensure accountability for violations in the region.

Mohamed Abdelsalam Babiker, Special Rapporteur on the situation of human rights in Eritrea, stressed that Eritrea’s entry into the conflict in Tigray has complicated the country’s human rights violations, pointing to indefinite military service, which has conscripted men, women, children and the elderly alike.  Noting that Eritrea had made no progress on developing the minimum institutional infrastructure of human rights, she expressed concern over a lack of an independent judiciary, citing arbitrarily detained or disappeared persons and journalists.

Eritrea’s delegate rejected the Rapporteur’s mandate as politically motivated, as well as the report, which she said was informed by dubious sources.  She denied there is a humanitarian crisis in her country, stressing that human rights standards are best addressed through the Universal Periodic Review.  Adding that the Rapporteur overstepped his mandate in Tigray, she said the crisis there has been invented to reassert the United States and Western allies’ geopolitical agendas in the new reality of the “shifting global order”.

Also briefing the Committee today were Isha Dyfan, Independent Expert on the situation of human rights in Somalia, and Fortuné Gaetan Zongo, Special Rapporteur on the situation of human rights in Burundi.

The Third Committee will reconvene at 10 a.m. on Friday, 28 October, to continue its consideration of human rights questions

Interactive Dialogues:  Occupied Palestinian Territory

NAVANETHEM PILLAY, Chairperson of the Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel, presenting her report (document A/77/328), highlighted the responsibility of Member States to ensure a just solution for the situation in Israel and Palestine that protects the human rights of all.  Israel is treating the occupation as permanent, she said, annexing parts of the West Bank while hiding behind a fiction of temporariness.  This permanence and annexation, including the purported de jure annexation of East Jerusalem and the Golan Heights, have led the Commission to conclude that Israel’s occupation is now unlawful, she added.  Actions of the Israeli Government may constitute the war crime of transferring – directly or indirectly – part of one’s own civilian population as well as deportation or forcible transfer.

Her Commission’s mandate is to consider the conflict and occupation in its full context to uncover the root causes of the now 75-year-long protracted conflict, identify the role of third States and outline accountability measures, she said  It has concluded that permanent occupation and de facto annexation policies serve as a root cause of instability and protracted conflict.  Noting Israel’s security-based justifications for some of its actions, the Commission found that many actions in the West Bank are often used as a pretext to justify territorial expansion and that it could not identify efforts to end the occupation.  Instead, statements made by officials indicate that the State intends for the occupation to be permanent.  Citing coercive treatment of Palestinians, including destruction of properties and homes, mass incarceration and limitations on access to livelihoods, she said this environment is meant to force Palestinians to leave their homes to make room for more Israeli settlements.  The report suggests that Israel has no intention of ending the occupation, and the conflict, if left unaddressed by the international community, will continue interminably, she said.  The General Assembly should address the fact that Palestine is occupied due to the persistent refusal of successive Israeli governments to abide by international law.  Next month, it will be 55 years since the Security Council adopted resolution 242, calling for Israel to withdraw from territories it occupied in the 1967 war, and yet Israel remains in occupation without any consequence, she said.  Her Commission strongly recommends that the Assembly request an urgent advisory opinion from the International Court of Justice on the legal consequences of Israel’s permanent occupation of the Occupied Palestinian Territory, of policies employed to achieve this and of its refusal to respect the right of the Palestinian people to self-determination.

In the ensuing interactive dialogue, the representative of Israel recounted the death of five-year-old Ido Avigal by Hamas rocket shrapnel that penetrated a bomb shelter in Lod during a strike.  He said that his story, like those of all Israeli victims of terror, is omitted from the hate-filled Commissioners’ report, as it deliberately omits Hamas rockets in lieu of placing blame on the law-abiding democracy of Israel.  Pointing to Ido Avigal’s parents in the conference room, he asked Commission members to explain why they ignored their son’s murder, calling them heartless and dismissing the report as illegitimate.  He said that, although it is no longer politically correct today to be antisemitic, the world now burns the Jewish State, as it once burned Jews at the stake, and decried the Human Rights Council’s disproportionate targeting of his country.  The Council has adopted more resolutions condemning Israel than condemning Syria, the Democratic People’s Republic of Korea and Iran combined, he said.  Adding that this inquisition of the Commission of Inquiry is led by countries like Libya, Venezuela and China, he cited the United States and United Kingdom’s opposition to Ms. Pillay’s open-ended mandate, calling her and her colleagues antisemitic and non-objective.

The observer for the State of Palestine said that Israel has no sovereignty over the Occupied Palestinian Territory, including East Jerusalem.  This is guaranteed by law and not an opinion, she stressed.  She condemned Israel’s refusal to allow the Special Rapporteur and Commission of Inquiry entry, as well as its obstructing Security Council visits to the Territories, stating that this is evidence of Israel’s efforts to hide its colonial and apartheid regime.  The occupation is ongoing with no end in sight, she said.  As outlined in Ms. Pillay’s report, Israel has no intention of ending the occupation and will only further entrench it.  She said that transferring Israeli citizens into occupied territories, land confiscation and military-supported settler attacks prove this.  Further, not one General Assembly resolution has been implemented by the Government, she lamented, citing resolutions 242, 476 and 904, the latter of which will prevent illegal acts of settler violence and guarantee the safety of Palestinians.  Israel’s refusal to implement these resolutions and the continued lack of action or accountability from the international community will only result in more arbitrary detentions, land theft, maimings and killings.  She asked what third party obligations are regarding impunity in the context of occupation.

The representative of the European Union, in its capacity as observer, said that his delegation did not support the creation of this Commission of Inquiry because of concerns over its broad mandate.  He expressed great concern over the occupation that began in 1967, calling on Israel to significantly improve the lives of the Palestinian people.

The representative of Guatemala said that the Inquiry must be impartial and objective, rejecting antisemitic elements of the report and all attacks against Israel.

The representatives of Australia and Albania expressed similar concerns about the open-ended mandate.

The representative of South Africa said the report details tactics that were the same under South African apartheid.  Israel is practicing an apartheid regime against the Palestinian people and occupied territories, he said, underscoring that this is not an assertion he would make lightly.

The representatives of the Russian Federation, Türkiye, Egypt and China stressed that the two-State solution along the 1967 borders is the only solution to this conflict.

The representative of Iran said the brutal Israeli regime has labelled Palestinian non-governmental organizations as terrorist groups, which is another attempt to stifle information akin to its army’s killing of journalist Shireen Abu Akleh.

The representative of Namibia expressed support for the Commission’s work and had no objection to the open-ended mandate, stressing that energy used to condemn the mandate should be used to end the conflict.  While the United Nations is acclaimed for its decolonization work, its failure to find solutions to this conflict is a blemish on its reputation, she said.

Taking the floor again, the observer for the State of Palestine expressed deep concern over criticism of the open-ended mandate, as the occupation brutalizing a people for over 50 years is also open-ended.

Responding to delegates, Ms. PILLAY said:  “I am 81 years old, and this is the first time I have been accused of antisemitism.”  Expressing astonishment at antisemitic labels for the report, she stressed that it is based on law and that Israel is bound by international law, just like all countries.  Addressing criticism of the mandate itself, she said it is open-ended and will allow time to address issues raised, such as armed Palestinian groups and the implications of the conflict on children.  She said that the Commission condemns all violence and expressed condolences to the mother of Ido Avigal, adding that, if Israel will allow her Commission access to the country, she will express her sympathies personally to all victims.  Returning to the report, she recalled that it asks the General Assembly to solicit an opinion from the International Court of Justice on whether the occupation is lawful.  She said her Commission will investigate all violations of international and human rights law, noting that the report includes the high number of Israeli casualties during the Second Intifada in 2007, when over 1,200 Israelis were killed, along with more than 4,200 Palestinians.  Further, it will investigate Palestinian armed groups as well as their actions against civilians.  Acknowledging Israel’s legitimate security concerns, she underscored that its actions must conform to international law and that the permanent dispossession and rights denial of the Palestinian people “will never be a recipe for peace”.  Adding that the role of civil society is to bring awareness to this issue, she hailed the bravery of Palestinian and Israeli actors, despite restrictions on free speech.

Also speaking were representatives of the Netherlands, Cuba, Hungary, Malaysia, Germany, Uruguay, Austria, United Kingdom, Marshall Islands (on behalf of a group of countries), Albania, Bulgaria, Czechia, Canada, Ireland, Liberia, Palau, Tunisia, United States, Syria, Malta and Italy.

FRANCESCA ALBANESE, Special Rapporteur on the Situation of Human Rights in the Palestinian Territory Occupied since 1967, presenting her report, stressed that the Occupied Palestinian Territory is experiencing yet another spike in violence, marked by heavy loss of Palestinian lives.  The systematic targeting and extrajudicial killing of Palestinians by Israeli forces, while Israeli “settlers” destroy properties and attack, shoot and terrorize unarmed civilians and their children, occurs daily and with complete impunity.  This is not an “intractable” conflict between two parties borne of irreconcilable rivalry and incompatible senses of identity.  This is the result of a reality shaped by protracted injustice, where two peoples are trapped by an anachronistic settler-colonial enterprise: one the colonizer, the other colonized.  The Israeli occupation has crystallized into an apartheid regime, she asserted, criticizing the international community’s tolerance of Israel’s defiant violation of the most basic provisions of international law.

She went on to underscore that for 55 years Israel has attempted to bury the Palestinian people’s inalienable right to self-determination in the occupied territory, which accounts for only 22 per cent of pre‑1948 Palestine.  The reality of Palestinians living under occupation is marked by the persistent violation by Israel of the right to self-determination.  Israel’s systematic violation of the core components of self-determination exposes the nature of its occupation: a segregationist and repressive regime designed to prevent the realization of the Palestinian people’s right to self-determination, pursuing the “de-Palestinianization” of the occupied territory.  In a tragic irony, Israel has been allowed to advance its colonization under the pretence of an occupation maintained for security reasons, all under the watch of the same international community that long ago vowed to end colonialism.

She noted that the past 55 years demonstrate that tolerating Israel’s continued non-compliance with its international legal obligations breeds impunity.  Calling for a paradigm shift in approaching the Israel-Palestine question, she urged the Government of Israel to cease impeding Palestinian self-determination by unconditionally ending the occupation and the interconnected apartheid practices, starting with the withdrawal of its military troops.  Furthermore, she continued, third States must not recognize as lawful, nor aid or assist, the illegal situation created by Israel’s internationally wrongful acts.

In the ensuing debate, the observer for the State of Palestine, stressing the utter importance of the right to self-determination to the Palestinian People, opposed Israel’s “veto right” over Palestine’s statehood.  Echoing the report of the Special Rapporteur, who characterized the occupation as settler-colonial, she said that, today, there are 700,000 Israeli settlers unlawfully present in the Occupied Palestinian Territory.  In this context, she asked about the obligations of States and other international actors as well as the role of the General Assembly.

The representative of Cuba emphasized that Israeli policies towards Palestine counter the Charter of the United Nations and United Nations resolutions as well as threaten international peace and security.  Peace must be based on the two-State solution, he noted.

In a similar vein, the representative of South Africa underlined that Israel must be held accountable for committing the crime of apartheid as part of its broader system of oppression and domination over the Palestinian people.  Denial of the right to self-determination is a key element of colonialism, she said, noting that Israel’s continued colonial occupation is a violation of international human rights law.

The representative of Indonesia said that Israel has violated every aspect of Palestinian society, including its political, economic and cultural spheres.  She condemned the intentional segregation of the Palestinian people and the denial of their right to self-determination, calling on Israel to end its apartheid regime.

The representative of Türkiye expressed deep concern over the lack of progress towards a resolution of the Israeli-Palestinian conflict as well as the lack of interest of the international community in finding a just solution to the conflict.

The representative of Iran cautioned that Palestinian basic rights, including the right to housing and employment, are being violated daily.  Furthermore, the international community is witnessing a new wave of illegal settlements, she said, calling on Israel to end its occupation and restore the right of the Palestinian people to self-determination.

Meanwhile, the representative of the United Kingdom, voicing concern over the high number of Palestinian deaths by Israeli Forces so far in 2022, said his Government fully supports Israel’s right to self-defence, but where there are accusations of excessive use of force, it advocates swift, transparent investigations.  The United Kingdom is appalled by terrorist attacks against Israeli citizens and the resulting deaths, he said, asking what confidence-building measures can be advanced to improve the lives of Palestinians and lay the foundation for final status negotiations.

Responding, Ms. ALBANESE stressed that the occupying power refuses to withdraw its troops and its colonial presence from the Occupied Palestinian Territory, over which it has no sovereignty.  The Government of Israel declines to respond to issues of concern and allow visits to the territory, she said, noting that Israel engages in vilification of human rights mechanisms by attacking them with allegations of antisemitism and bias.  Criticizing the paralysis of the United Nations Security Council, she said Israel loudly attempts to divert attention from the reality on the ground.  “The law is clear, and the reality is fully documented,” she asserted, opposing the false equivalence pushed on the parties: One is the occupier, and one is the occupying.  One is the colonizer, and the other is the colonized.  Israel’s actions amount to a crime of aggression, she underscored, noting that Palestinians should not be pushed to negotiate conditions with their colonizers.  She also emphasized that humanitarian aid might be necessary but is never a substitute for a political solution.  International law is only as valid as the will of States to enforce it, she said, calling for strengthened accountability.

Also speaking were representatives of Luxembourg, Egypt, Chile, Venezuela, Democratic People’s Republic of Korea, Syria, Saudi Arabia, Malaysia, Qatar, Micronesia (associating with the Marshall Islands), Norway, Azerbaijan (on behalf of the Non-Aligned Movement), Niger, Russian Federation, China, Tunisia (associating with the Non-Aligned Movement), Namibia and Mali.  The representative of the European Union, in its capacity as observer, also spoke.

Somalia

ISHA DYFAN, Independent Expert on the Situation of Human Rights in Somalia, said the security situation in the country remains a serious concern, despite the efforts of the Government of Somalia and the African Union Transition Mission in Somalia (ATMIS) to maintain peace and security.  Noting that Al-Shabaab and various armed groups have recently escalated their attacks, resulting in a high number of civilian casualties, she cited deadly incidents in Kismayo and Beletweyne.  Stressing that parties to the conflict continue to perpetuate the six grave violations against children at alarming rates, she pointed to over 4,400 verified cases of abuses and called on the Government to intensify its efforts to protect civilians’ human rights.  Appreciating the Government’s approach to civilian protection, she noted that this focuses on transferring security responsibilities from ATMIS to Somali security forces and institutions.  It also aims at enhancing a community-led inclusive reconciliation process and collaboration with civil society and the international community to minimize the impact of armed conflict and insecurity, which led to the displacement of an estimated 366,000 people in 2022, including 99,000 people in August alone, she said.

Welcoming the election of President Hassan Sheikh Mohamud and the establishment of the Government as an opportunity to accelerate implementation of the human rights agenda, including through reforms, she added that the election fell short of the principle of “one person, one vote”.  As women remain underrepresented, with only 54 of the House of the People’s 275 seats, below the 30 per cent minimum quota, she called for greater participation of women in politics and public affairs.  Expressing concern about violations of the right to freedom of opinion and expression, especially in Somaliland, she noted that security personnel continue to attack media freedoms by harassing, intimidating and arbitrarily arresting an increasing number of journalists.  Highlighting incidents on 22 and 11 October, she urged the Government to bring media legislation in line with the Provisional Federal Constitution of Somalia as well as regional and international human rights standards by amending laws criminalizing the work of media and ensuring accountability.

Multifaceted challenges and the humanitarian crisis caused by conflict and exacerbated climate change have resulted in increasing violations of human rights, she said, including sexual violence and limited access to basic services.  Stressing that 7.8 million people are impacted and more than 1 million displaced by drought, including nearly 99,000 in August, she said that “Somalia is facing a humanitarian catastrophe and imminent famine if the next rainy season fails or proves to be on the below-average cycle”.  Adding that the Government`s efforts at addressing security, political and institutional reforms cannot be sustainable without addressing economic, social, and cultural rights issues, she encouraged an acceleration of the Heavily Indebted Poor Countries process.  Further, she called on the State to prioritize the establishment of the National Human Rights Commission and finalize a comprehensive review of all pending bills on women and children’s rights.

When the floor opened for questions and comments, the representative of Somalia, noting the achievements of his new Government over the last three months, said that mobilization of the people and Government forces against Al-Shabaab has recently reached its highest level, leading to the liberation of some areas that have not been in Government hands for over 20 years.  The relationship between Somalia and its neighbors has been revived, as have relations with the international community, he said.  Noting that Somalia is facing some of the worst multifaceted challenges worldwide, he stressed his Government’s commitment to transition from over two decades of devasting conflict, drought and famine to stability and prosperity.  In this regard, he cited the launch of a revaluation process on policies to build a joint steering committee for peace and protection of women and women’s rights, along with other frameworks on social protection, recovery and development.  He also spotlighted his Govermnent’s benchmarks to achieve the promotion of human rights, including strengthening its institutions and judiciary.

The representative of the United States called for the release of persons arbitrarily detained and an end to unlawful recruitment or use of child soldiers, encouraging the country to create transparent democratic structures to promote human rights and accountability.  She asked Ms. Dyfan how Mogadishu can be assisted in building democratic institutions that can safeguard human rights.

The representative of the European Union, in its capacity as observer, expressed hope that a 30 per cent minimum quota for women’s representation in Government will be met in the future.  Alarmed by the fact that an estimated 7.1 million people – or 45 per cent of the total population – are acutely food-insecure and that over a million people have been displaced by drought, he expressed concern over ongoing human rights abuses and violations of international humanitarian law in Somalia.  Deploring violations against children, journalists, women and girls, he pointed to a rising number of cases of female genital mutilation over the past two years.  Encouraging the country to review its penal code, adopt sexual offences legislation and endorse a female genital mutilation bill in line with international standards as well as legislation to protect the rights of children, he asked how States can help Somalia implement indicators in the report.

The representative of the United Kingdom encouraged the country to pass bills addressing sexual offences and child rights.  Underlining the importance of accountability in human rights and encouraging the establishment of a national human rights commission, she welcomed Somalia’s expected participation at the upcoming Preventing Sexual Violence in Conflict Initiative hosted by her country.

The representative of Mexico expressed concern over growing reports of gender violence perpetrated by Al-Shabaab as well as members of the police and security forces.  Noting that the 30 per cent quota for women’s participation in Government has not been reached, she said their input is key to achieving long-term peace.  She asked Ms. Dyfan about prospects for Somalia’s ratification of the Convention on the Elimination of All Forms of Discrimination against Women and other laws to penalize sexual and gender violence, including female genital mutilation, early marriages and marital rape.  Further, she asked if civil society is participating in the investigation of cases of sexual and gender violence by members of security forces.

The representative of China, responding to the United Kingdom’s statement, said that the failure to adopt a resolution on Xinjiang at the Human Rights Council shows that the international community is unwilling to accept claims and allegations against it.

Ms. DYFAN, responding, said that Somalia is at a critical juncture, given the escalation of violence by Al-Shabaab and other actors and the humanitarian catastrophe, which threaten peace and security and have disastrous consequences on the population.  Noting the growing number of casualties in the country, she highlighted increased attacks in February and March during the electoral process and after June, when the new President was announced.  If this trend continues, the number will grow beyond 2021 and 2020 figures, she said.  Armed attacks are continuing and civilians experiencing the worst impacts, she said, stressing that advancing peace and security reforms should occur in parallel with promoting the rule of law and accountability.  Stressing that courts of law should provide a minimum guarantee for due process and a fair trial, she said Somalia could adopt a moratorium on all executions with a view to completely abolishing the death penalty.  She called on the international community to continue providing technical and financial support for reform of police, judiciary and rule of law institutions.  Inviting the Government to pass the child rights bill and juvenile justice bill in line with international standards and complete the review of pending bills, she called on all stakeholders to protect the rights of minorities and marginalized groups.  Pointing to prospects for ratifying the Convention on the Elimination of All Forms of Discrimination against Women, she said this requires further discussions and involvement of experts to help civil society and the Government come to an agreement.  Other bills on gender-based violence and female genital mutilation have also been discussed with civil society, she said, noting that some of the issues blocking them have been more political than legal and expressing hope that the new Government will accelerate their adoption.

Also speaking today was the representative of Luxembourg.

Ethiopia

KAARI BETTY MURUNGI, Chair of the International Commission of Human Rights Experts on Ethiopia, said that after a five-month cessation of hostilities, fighting resumed in August between the Federal Government and its allies and Tigrayan forces.  The conflict has recently intensified considerably, she added, spreading into Amhara, Oromia and Afar.  Eritrean troops are fighting alongside Ethiopian troops on several fronts, launching attacks with heavy weapons on major population centres, like Axum, Shire and Sheraro, she noted, stressing that hundreds of thousands of Ethiopians were forced to flee their homes, many for a second or third time.  “Ethiopia’s beleaguered civilian population now finds itself mired, once again, in the intractable and deadly consequences of a war affecting the stability of Ethiopia and the Horn of Africa,” she said.  The Commission found reasonable grounds to believe that most risk factors contained in the 2014 United Nations Framework of Analysis for Atrocity Crimes are present in Ethiopia today, notably dissemination of hate speech and horrific and dehumanizing acts of violence.  Stressing the Commission’s role as a tool for prevention, she welcomed the launch of an African Union-led peace process this week between the Federal Government and Tigrayan regional authorities.  Highlighting the Commission’s visit to Addis Ababa, she expressed regret that the Ethiopian Government did not grant access to any areas outside of the city.

The report underscores the dire humanitarian situation in Tigray, where the Government and allies have denied some six million people access to food, medicine, and basic services for over a year.  They have destroyed and looted goods indispensable for the survival of civilians and implemented severe restrictions on humanitarian access to Tigray, thus leaving 90 per cent of the population in dire need of assistance, an 80 per cent increase since the beginning of the conflict.  “Our report finds reasonable grounds to believe that the widespread denial and obstruction of access to food, medicine, and basic services amounts to the crimes against humanity of persecution and inhumane acts”, she said.  Further, it also finds “reasonable grounds to believe that the Federal Government is committing the war crime of using starvation as a method of warfare”.  The Commission has received information indicating that Tigrayan forces have looted or otherwise misappropriated humanitarian aid.  It has also found that rape and crimes of sexual violence have been perpetrated on a staggering scale since the conflict began.  Ethiopian and Eritrean forces and regional militias have targeted Tigrayan women and girls, and Tigrayan forces have committed rape and sexual violence against Amhara women and girls as well as Eritrean refugees, she said, adding that all parties to the conflict are recruiting and using child soldiers.

The Commission found reasonable grounds to believe that Tigrayan forces have committed serious human rights abuses, some of which amount to war crimes, including large-scale killings of Amhara civilians, rape and sexual violence as well as widespread looting and destruction of civilian property.  In addition, the Ethiopian National Defence Force intentionally directed an attack against civilians when it struck a camp for internally displaced persons in Debt in January 2022, killing around 60 civilians.  “This would amount to a war crime,” she said, noting an intensified drone strike campaign in Tigray over the last four weeks.  The Defence Force also indiscriminately attacked civilians when it shelled Mekelle on 28 November 2020.  She added that some measures the Government’s Inter-Ministerial Task Force and National Dialogue Commission put forward during the Commission’s visit, if implemented, will contribute to transitional justice.

The representative of Ethiopia said the Commission of Experts on Human Rights violates the principles of universality, impartiality, objectivity and non-selectivity.  Adding that the Commission exists only to justify intervention and sanctions, he recalled that no African Country voted for its creation, as African countries are routinely targeted.  He expressed hope that, as its mandate was renewed by a margin of two votes, this term will be their last.

While Ethiopia is committed to constructive international dialogue, the Commission refuses to work with the Government, which is reflected in the false content of the report, he added.  In contrast, the joint report of the Human Rights Council and the Office of the United Nations High Commissioner for Human Rights (OHCHR) has concluded that further investigation of the country is necessary.  He dismissed the desk report made with a few telephone calls to unverified individuals that acquits the terrorist group the country is facing.  He said the Government will hold the terrorist group responsible and will continue its cooperation with the OHCHR.

The representative of South Africa speaking on behalf of the African group, said that the Universal Periodic Review remains the only universally agreed upon mechanism to address human rights issues, strongly condemning politicization and double standards.  No meaningful outcomes can come from politicizing human rights, she added, commending efforts of the Ethiopian Government to protect its people.

Echoing his colleague on the primacy of the Universal Periodic Review, the representative of Venezuela expressed support for the Non-Aligned Movement position rejecting country-specific mandates, as they engender conflict and are not conducive to dialogue.

The representative of Eritrea rejected accusations in the report, adding that the Tigray People’s Liberation Front spreads disinformation.  The Front’s massacres in northern Ethiopia, followed by regime change are well-documented as part of its 20-year plan.  She criticized the report for attempting to shift blame away from the Front and called for the elimination of double standards.

The representative of China said that maintaining peace in Ethiopia is important for the entire region and expressed support for all parties in the country, encouraging dialogue between them.  Commending the African Union-led peace talks, she warned against country-specific mechanisms that will complicate the issue.

The representative of Liechtenstein asked how to work with the African Union to ensure peace and security in the region.

The representative of the European Union, in its capacity as an observer, said that reports of a recurrence of conflict in Tigray run counter to commitments made by the Government and the Front, stressing that the conflict has no military solution.

The Representative of the United States decried violence harming civilians, including by Eritrean forces.  Welcoming the release of some prisoners, she voiced apprehension over those still detained based on their ethnicity as well as Internet shutdowns that restrict free speech and the work of journalists.  She asked what steps the international community can take to ensure accountability for crimes and violations in Ethiopia.

Also speaking were representatives of Spain, Switzerland, Australia, United Kingdom, Cuba, the Russian Federation, Ireland, Luxembourg, Germany, Türkiye, Cameroon and Nigeria.

Responding, STEVEN RATNER, a member of the Commission, stressed the importance of the Commission’s interaction with the domestic processes in Ethiopia and called for national ownership of accountability mechanisms.  On sexual and gender-based violence, he said the Commission continues to be concerned by uncovered atrocities as well as the long-term effects of these actions on women and girls.  The shocking degree of violence demands that the Commission continue to focus on the issue in its further work, he stressed.  Moreover, the Commission is determined to focus on the humanitarian situation in the country and is concerned about the mobilization of hate speech by State and private actors that have demonized opponents.  He also drew attention to the issue of child soldiers.  Underscoring the core role of the African Union in terminating conflict as well as human rights and humanitarian law violations, he called for continued dialogue with the Government of Ethiopia.

Burundi

FORTUNÉ GAÉTAN ZONGO, Special Rapporteur on the situation of human rights in Burundi, said cooperation between his mandate and Burundi can lead to the identification of priorities that can be formalized to strengthen the rule of law and better consider human rights.  Noting that Burundi joined the United Nations in 1962 and is one of 128 States to extend a standing invitation to the special procedures in 2013, he said it is essential that the country reaffirm its commitment to advance human rights.  During his mandate, he aims to analyse root causes and factors leading to conflicts so that early warning mechanisms can be put in place to better prevent the resumption of conflicts in the future, he said, affirming that conflict prevention largely depends on the implementation of targeted measures to protect human rights.  Strengthening the rule of law, independence of the judiciary and expanding civic space as well as economic, social, cultural, women’s, children’s and refugees’ rights will also be addressed by his mandate.

Highlighting progress in the fight against human trafficking in Burundi, he said that judicial proceedings have been launched, investigations are under way, sentences have been handed down and victims have received assistance.  Further, Burundi has established a training programme on tackling trafficking for law-enforcement staff and has adopted laws on regulating migration, he said.  However, the human rights situation in the country has not changed in a lasting manner, he said, stressing the need for institutional reforms.  Adding that the country is afflicted by the effects of the COVID‑19 pandemic, extreme poverty, a spike in the price of basic goods, fuel shortages, a food crisis and youth unemployment, he said that cyclical violence Burundi has undergone, including the crisis in 2015, should  be considered.  Praising initiatives fostering the country’s development, he said that human rights will be considered in a cross-cutting way in Government actions, adding that the State should acquire strong institutions able to enforce the rule of law and fight impunity.

In the ensuing interactive dialogue, the representative of Burundi noted the purely subjective nature of the report, which ignores all encouraging developments on the ground – the withdrawal of Burundi from the Security Council agenda, lifting of economic and targeted sanctions imposed on Burundi by the European Union and reforms initiated in the areas of social justice, freedom of opinion, freedom of press and civil and political rights.  It is clear today that all of Burundi’s partners have changed their perceptions of the country’s human rights situation, he said, expressing regret that the report is completely out of touch with reality on the ground.  Pointing to political motives that are behind the drafting of the report, he highlighted enormous progress achieved in human rights, including the right to free speech.  He also drew attention to Burundi’s reopening of civil society organizations, voluntary return of many human rights defenders and repatriation of refugees, as confirmed by the OHCHR.  The status of a fragile country is no longer applicable to Burundi, he asserted, stressing the importance of non-selectivity, impartiality and objectivity.

Echoing his concerns, the representative of Nicaragua firmly rejected the manipulation and use of the human rights agenda as a pretext to intervene in the domestic affairs of independent sovereign States.  Similarly, the representative of Eritrea opposed the country-specific mandate on the human rights situation in Burundi.  Selective approaches on addressing human rights targets in developing countries fail to have meaningful impacts, she observed, describing the Universal Periodic Review as the most comprehensive mechanism to address human rights challenges in all countries in a fair manner.

The representative of China opposed politicization of human rights issues and the use of human rights as a political tool to discipline developing countries and intensify the atmosphere of confrontation.

In the same vein, the representative of the Russian Federation, highlighting the imposed nature of the mandate, said the report cannot claim to be objective and reflective of the real situation.  Those who initiated the creation of this post continue to use their beloved practice of exploiting the human rights topic to exert pressure on a developing African country, he stressed, rejecting the imposition of unilateral coercive approaches, including through mechanisms of intergovernmental organizations.  Moscow supports the principle of African solutions to African problems, he asserted.

Meanwhile, the representative of the European Union, in its capacity as observer, expressed concern about the fragile human rights situation in Burundi, noting persistent allegations of acts of torture and inhuman treatment, enforced disappearances and unjustified restrictions on fundamental freedoms.  She asked the Special Rapporteur about measures to better protect human rights defenders in Burundi.

The representative of the United States pointed to cases of harassment of opposition supporters in recent months and allegations of abuses against Congolese civilians by Burundian forces.  Despite progress made, Washington is concerned by the lack of a consistent approach to accountability, he said, urging the Government of Burundi to prosecute all human rights violations and cooperate with United Nations human rights mechanisms as well as the Special Rapporteur.

Responding, Mr. ZONGO said Burundi has accepted the rules of the game that the United Nations stipulates.  He underscored that Burundi is indeed moving in the right direction, adding that he has observed developments since his first report.  Detailing his priorities for the months to come, he stressed the importance of strengthening the rule of law and building strong institutions.  This cannot be done without Burundi’s cooperation, he said.  He also identified priorities for Burundi in terms of protecting human rights and strengthening mechanisms for crisis prevention.  He called for objective, balanced and transparent support from the international community to help Burundi resolve its crises and move towards development.

Also speaking were representatives of Venezuela, Cuba, Belarus, Iran, United Kingdom, Nigeria, Cameroon and Norway.

Eritrea

MOHAMED ABDELSALAM BABIKER, Special Rapporteur on the situation of human rights in Eritrea, stressed that Eritrea’s involvement in the armed conflict in the Tigray region has brought to the fore persistent human rights violations linked to the system of indefinite military service.  Thousands of conscripts have been forced to participate in the Tigray conflict, with men, women, children, and older persons being swept up and sent to fight on the frontlines.  Previously documented patterns of child recruitment by the Eritrean forces have worsened, with some as young as 14, many of whom have died or been disabled.

The human rights situation in the country has continued to push thousands of Eritreans to flee, she said, adding that Eritrean refugees and asylum seekers continue to face increasingly restrictive asylum systems both in transit and destination countries.  Voicing concern about the situation of Eritrean refugees in Ethiopia, where thousands remain in grave danger, she spotlighted reports of Eritrean refugees killed in attacks, and of preventable deaths linked to lack of access to food, water and medicines in Tigray.  In August 2022, Eritreans from the Afar region in Eritrea were denied access to asylum procedures in Ethiopia, she said, also noting with concern the difficulties that humanitarian actors face operating in Tigray due to the complex security situation.  This has impeded the delivery of humanitarian assistance to refugees and other populations in need in Tigray for several months.  The intensification of the armed conflict in Tigray and the recent resumption of fighting has seriously impacted civilian populations, including refugees and asylum seekers.  The role played by Eritrean forces in enforcing a de facto blockade is of serious concern, she asserted.

She underscored that Eritrea made no progress towards the development of a minimum institutional infrastructure to protect and ensure respect for human rights.  The country continues to lack rule of law, a constitution, and an independent judiciary.  She also expressed concern about the situation of hundreds of Eritreans who have been arbitrarily detained or disappeared in secret prisons.  She urged Eritrea to reveal the whereabouts of victims of enforced disappearance to their relatives and develop a transparent system for detainee registration.  Urgent action is required to address widespread human rights violations, including arbitrary detention, enforced disappearances, torture and inhuman or degrading treatment, she emphasized, noting that conditions of detention in Eritrea also amount to inhuman and degrading treatment, with detainees unable to access to water, food, and medical attention.

Furthermore, civic space in Eritrea remains tightly restricted, she said, adding that there is still no independent media and the country remains one of the most censored in the world.  She said that 16 journalists, including Swedish-Eritrean journalist and writer Dawit Isaak, have not been seen for over 20 years, making them the longest detained journalists in the world.  Moreover, she also called on the Government of Eritrea to release those imprisoned for their religious beliefs and allow all Eritreans to exercise their right to freedom of religion.

When the floor opened for questions and comments, the representative of Eritrea, rejecting the mandate of the Rapporteur as the outcome of a politically motivated initiative, said her delegation does not intend to respond to the substance of the report.  Noting that the mandate does not have the consent of her country and violates the principle for which the Human Rights Council was created, she said the report undermines national priorities and negates her country’s reality and the progress made to address the needs of its people.  Adding that it depends on dubious sources and groups that have a long history advocating for changes in Eritrea, she highlighted the detrimental effect of unilateral coercive measures on development and people.  Noting that Mr. Babiker welcomes such measures in Eritrea, she said this demonstrates the politicization of his mandate.  Asking if there is a humanitarian crisis in her country demanding the attention of the Human Rights Council for over a decade, she said the answer is no, and that gaps in human rights standards are best addressed through the Universal Periodic Review mechanism.  Citing remarks on Tigray, she said the Rapporteur has overstepped his mandate, noting that he attacked Eritrea’s National Service Programme.  Restoration of peace to Eritrea and Ethiopia in 2018 contributed to revitalizing the Horn of Africa, she said, adding that “the Tigray crisis has been invented to abort these dynamics and reassert the United States and Western allies’ geopolitical agendas in the new reality of the shifting global order”.  She called on States to support her country’s efforts to consolidate regional peace and security, oppose country-specific mandates on Eritrea and intensify the fight against double standards in human rights.

The representative of the United States expressed concern over unlawful killings, enforced disappearances, torture, closing of civil space and other human rights violations and abuses in Eritrea.  Supporting the call for a national action plan to implement recommendations by various human rights mechanisms, she pointed to the Rapporteur’s remarks on Eritrea’s involvement in the war in Ethiopia, which has resulted in human rights abuses.  Calling on Eritrea to withdraw its troops and cease fueling the conflict, she asked Mr. Babiker what States could do to hold perpetrators accountable for crimes committed in Eritrea and by Eritrean forces in Ethiopia.

The representative of Venezuela rejected country-specific mandates and reports that reflect selectivity and politicization as well as the creation of instruments and resolutions against specific States without their consent.  He pointed to the Universal Periodic Review and other instruments based on dialogue as tools for advancing constructive discussion on human rights.

Echoing similar concerns, the representative of South Africa rejected country-specific reports lacking objectivity and non-selectivity, opposing the politicization of human rights, which proved confrontational and counterproductive.  All countries’ sovereignty should be respected, she said, defining the Universal Periodic Review as the sole mechanism for addressing human rights.  Acknowledging Ethiopia’s efforts to promote human rights and appreciating positive developments in peace and cooperation in the region, she invited States to support such endeavors.

The representative of the United Kingdom pointed to military conscription, arbitrary detentions, indefinite national service, Eritrea’s participation in the conflict in northern Ethiopia and human rights abuses by Eritrean troops, including extrajudicial killings and sexual and gender-based violence.  Calling on the Government to end such atrocities, she urged Eritrea to implement recommendations from the last Universal Periodic Review, release those arbitrarily detained, withdraw its troops from Tigray and act on the findings of the joint investigation.  She asked Mr. Babiker how members of the Council can help him discharge his mandate when the Eritrean Government refuses to cooperate.

The representative of Ethiopia said that country-specific mandates are often politically motivated and counterproductive and undermine the work of the Human Rights Council.  He rejected the report and commended Eritrea’s Government for its efforts in promoting the enjoyment of human rights.  Further, he highlighted that State’s engagement with human rights treaty bodies through the submission of reports and implementation of the Universal Periodic Review.  He added that the Special Rapporteur exceeded his mandate with allegations directed at the north of Ethiopia, inviting impartiality, objectivity and non-selectivity.

The representative of China appreciated Eritrea’s progress in advancing economic and social development and protecting human rights, particularly those of women, children and persons with disabilities.  She supported its efforts to maintain sovereignty and oppose external interference through unilateral measures.  She opposed the establishment of country-specific bodies addressing human rights without the consent of the concerned State.

The representative of the Russian Federation rejected the path taken by Western States to exploit human rights, stressing that the extension of the Special Rapporteur’s mandate was not supported by Eritrea.  Adding that the Special Rapporteur should have been looking for cooperation with that country instead of choosing confrontation through a report full of accusations, he stressed that several States opposed the special procedures.  Further, he noted with surprise that the Rapporteur supported the use of unilateral coercive measures in Eritrea when their negative impact on human rights has been reiterated on multiple occasions.

Also speaking today were the representatives of Cuba, Nicaragua, Democratic People’s Republic of Korea, Egypt, Nigeria, Norway, Cameroon, Syria, Iran, Belarus and Burundi.  A representative of the European Union, in its capacity as observer, also spoke.

Responding to allegations that his mandate is politicized, Mr. Babiker referred to factual points, including detainees who disappeared for 20 years and detention of political prisoners and children.  He stressed that he shared his report with Eritrea, but the country failed to reply.  He urged Member States to facilitate engagement with the Government of Eritrea to be allowed access and verify information on the ground.  The issue of selectivity is not relevant, he said, noting that as a Member of the Human Rights Council, Eritrea should uphold the highest human rights standards and cooperate with the United Nations human rights system.  On the issue of exceeding his mandate, he said his mandate extends extraterritorially.  Recalling the destruction of four refugee camps in Tigray, he said that his mandate allows him to report on the human rights situation of Eritrean refugees.

In response, the representative of Eritrea said misinformation is dangerous, adding that when the Human Rights Council, through the Special Rapporteur, repeats unsubstantiated allegations against States, it inadvertently propagates the dangers it stands up against.

 

Source: United Nations