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Viewing cable 06GENEVA1954, HUMAN RIGHTS COUNCIL PASSES LEBANON RESOLUTION AT

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Reference ID Created Released Classification Origin
06GENEVA1954 2006-08-12 11:46 2011-08-25 00:00 UNCLASSIFIED US Mission Geneva
VZCZCXRO8952
OO RUEHAT
DE RUEHGV #1954/01 2241146
ZNR UUUUU ZZH
O 121146Z AUG 06
FM USMISSION GENEVA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0666
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 1556
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHZJ/HUMAN RIGHTS COUNCIL COLLECTIVE
RUCNISL/ISLAMIC COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 0478
RUEHAS/AMEMBASSY ALGIERS 1394
RUEHAM/AMEMBASSY AMMAN 0954
RUEHGB/AMEMBASSY BAGHDAD 0190
RUEHKB/AMEMBASSY BAKU 0154
RUEHBP/AMEMBASSY BAMAKO 0056
RUEHDK/AMEMBASSY DAKAR 0519
RUEHKA/AMEMBASSY DHAKA 0385
RUEHDJ/AMEMBASSY DJIBOUTI 0205
RUEHIL/AMEMBASSY ISLAMABAD 4684
RUEHLS/AMEMBASSY LUSAKA 0298
RUEHMK/AMEMBASSY MANAMA 0124
RUEHML/AMEMBASSY MANILA 0528
RUEHME/AMEMBASSY MEXICO 2355
RUEHMN/AMEMBASSY MONTEVIDEO 0284
RUEHPL/AMEMBASSY PORT LOUIS 0213
RUEHPG/AMEMBASSY PRAGUE 0696
RUEHSA/AMEMBASSY PRETORIA 4214
RUEHQT/AMEMBASSY QUITO 0373
RUEHRB/AMEMBASSY RABAT 0540
RUEHRH/AMEMBASSY RIYADH 0662
RUEHUL/AMEMBASSY SEOUL 3472
RUEHTU/AMEMBASSY TUNIS 0462
RUEHWR/AMEMBASSY WARSAW 1193
RUEHYD/AMEMBASSY YAOUNDE 0059
UNCLAS SECTION 01 OF 06 GENEVA 001954 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR IO/RHS, DRL/MLA, L/HRR 
 
E.O. 12958: N/A 
TAGS: PHUM UNHRC
SUBJECT: HUMAN RIGHTS COUNCIL PASSES LEBANON RESOLUTION AT 
SPECIAL SESSION 
 
GENEVA 00001954  001.2 OF 006 
 
 
Summary 
-------- 
 
1.  In its second special session the Human Rights Council 
(HRC) passed August 11 by a vote of 27-11-8 with one absent a 
resolution condemning Israel for its actions in Lebanon.  The 
resolution did not included any reference to Hizballah or its 
actions. The resolution sponsors, primarily from the 
Organization of the Islamic Conference (OIC) and the Arab 
League, refused to negotiate the text, only considering 
amendments shortly before the vote.  In general statements 
and explanations of vote states, including a number of 
supporters of the resolution, noted the lack of balance in 
the text.  They stressed the loss of life and extent of the 
destruction in Lebanon as the reason behind their yes votes. 
Canada called for the vote objecting to unbalanced text and 
the inclusion of international humanitarian language that it 
considers beyond the HRC's mandate.  The European Union (EU), 
after difficult discussions and approaches in Paris by the 
United States and EU partners, succeeded in maintaining unity 
to vote against the resolution.  A number of states expressed 
concern that the sponsors' refusal to hold consultations on 
the text set a bad precedent for the future of the Council. 
The majority called for swift action in the UN Security 
Council to end the violence in Lebanon.  Ambassador's 
Tichenor's statement may be found on Mission Geneva's 
website. Resolution text at para 7. End summary. 
 
Israel: Again Subject of Special Session 
---------------------------------------- 
 
2.  The second special session of the HRC in five weeks was 
called at the request of the OIC and Arab League with the 
support of China, Russia and Cuba.  Argentina, Brazil, India, 
Mali, Philippines, Sri Lanka and Uruguay signed on to the 
request after it was submitted to the HRC president.  This 
session, as was the first special session (July 5-6), was 
called to condemn Israeli actions.  U.S. efforts (reftels) to 
stop or postpone the session due to concerns regarding its 
possible negative impact on UN Security Council deliberations 
received tacit support from a number of delegations, but not 
enough to succeed in blocking the session.  Once it became 
clear that the session would be held, delegations turned to 
the text of the resolution, which was not officially tabled 
until the evening of August 9 virtually guaranteeing 
insufficient time for negotiations.  Pakistani Permanent 
Representative Masood Khan coordinated OIC and Arab League 
actions, with the Egyptian delegation acting behind the 
scenes.  The unbalanced text, which focused solely condemning 
Israeli actions, immediately drew criticism from Western 
Human Rights Group (WHRG) members as well as a number of 
others across regional groups.  Efforts by various states, 
including Switzerland,to engage the sponsors were rejected. 
Moderate OIC members told USDel that the OIC would not 
consider changes to the text that made reference to 
Hizballah, its actions or blamed it for the current conflict. 
 
 
General Statements And EOP's 
 
GENEVA 00001954  002.2 OF 006 
 
 
---------------------------- 
 
3.  HRC President Mexican PermRep Luis Alfonso de Alba, 
opened the session by reminded member states of the Council's 
mandate to promote and protect all human rights for all in a 
fair and equal manner.  High Commissioner for Human Rights 
Louise Arbour called on all parties needed to comply with 
their obligations under international human rights and 
humanitarian law and for an immediate cessation of 
hostilities.  Arbour said the most basic human right -- the 
right to life -- was being denied to the civilians caught up 
in the current crisis.  She also said that advance warnings 
of attack did not relieve parties from their obligations 
under international humanitarian law regarding the protection 
of civilians, and suggested that war crimes and crimes 
against humanity may have been committed. 
 
4.  As expected the resolution's sponsors delivered harsh, 
often emotional, statements accusing Israel of deliberately 
targeting civilians and violating international humanitarian 
law and human rights law.  They all called on the 
international community to take action to stop the violence 
and aid the Lebanese people.  While Syria, Libya, Iran and 
others said the U.S. shared responsibility for the conflict 
in Lebanon, only Cuba dedicated a fair share of its statement 
to blaming the United States.  Common themes among other 
speakers were support for efforts in the UN Security Council, 
the need to end the hostilities, violations of international 
humanitarian law and of human rights, the lack of balance in 
the resolution, the failure to mention Hizballah actions, and 
the sponsors' refusal to hold consultations.  Canada, 
Cameroon, Guatemala, Japan, UK, South Korea, Philippines, 
Australia, Netherlands and others expressed concern that the 
special session was a distraction to the complex UNSC 
negotiations in New York. 
 
Few Surprises In The Vote 
------------------------- 
 
5.  Voting fell along predictable lines.  OIC members voted 
yes.  The Eastern Group split with EU members and Ukraine 
voting no and Russia and Azerbaijan voting yes. All GRULAC 
members -- except for Guatemala which abstained -- voted in 
favor of the resolution.  Non-Arab African countries were 
split among "yes" votes and abstentions.  The Asian group 
members split Japan voting no, and Philippines and South 
Korea abstaining. Switzerland's decision to abstain 
threatened to derail EU solidarity when France and Finland 
indicated they would also abstain.  Following demarches by 
the UK, Germany, and the United States in Paris and Helsinki, 
EU solidarity was restored when France agreed to vote no and 
Finland followed suit.  Similar demarches in Bern failed to 
sway FM Calmy-Rey. 
 
6. Vote count:  27-11-8: 
 
-- YES:  Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, 
Brazil, China, Cuba, Ecuador, India, Indonesia, Jordan, 
Malaysia, Mali, Mauritius, Mexico, Morocco, Pakistan, Peru, 
 
GENEVA 00001954  003.2 OF 006 
 
 
Russia, Saudi Arabia, Senegal, South Africa, Sri Lanka, 
Tunisia, Uruguay, Zambia. 
 
-- NO: Canada, Czech Republic, Finland, France, Germany, 
Japan, Netherlands, Poland, Romania, Ukraine, United Kingdom. 
 
-- ABSTENTIONS: Cameroon, Gabon, Ghana, Guatemala, Nigeria, 
Philippines, South Korea, Switzerland. 
 
-- Not present - Djibouti. 
 
Resolution 
---------- 
 
7.  Text of resolution as adopted: 
S-2/Res/1.  The grave situation of human rights in Lebanon 
caused by Israeli military operations 
The Human Rights Council, 
Reaffirming the purposes and principles contained in the 
Charter of the United Nations, 
Reaffirming also the Universal Declaration of Human Rights 
and the Vienna Declaration and Programme of Action, and 
recalling the International Covenant on Civil and Political 
Rights, the International Covenant on Economic, Social and 
Cultural Rights, the Convention on the Rights of the Child 
and other human rights instruments, 
Acknowledging that peace and security, development and human 
rights are the pillars of the United Nations system, 
 
                        Recalling General Assembly resolution 
60/251 of 15 March 2006 in which the Assembly decided that 
the Human Rights Council: 
 
(a)  Should address situations of violations of human rights, 
including gross and systematic violations, and make 
recommendations thereon; and 
 
(b)   Shall respond promptly to human rights emergencies, 
 
 
Guided by the Charter of the United Nations, relevant human 
rights instruments and international humanitarian law, in 
particular the Hague Conventions of 1899 and 1907 on the Laws 
and Customs of War on Land which prohibit attacks and 
bombardment of civilian populations and objects and lay down 
obligations for general protection against dangers arising 
from military operations against civilian objects, hospitals, 
relief materials and means of transportation, 
 
 
Recalling the commitments of the High Contracting Parties to 
the Geneva Conventions of 12 August 1949 and the Additional 
Protocols thereto, 
 
Reaffirming that each High Contracting Party to the Geneva 
Convention relative to the Protection of Civilian Persons in 
Time of War (Fourth Geneva Convention) is under obligation to 
take action against persons alleged to have committed or to 
have ordered the commission of grave breaches of the 
 
GENEVA 00001954  004.2 OF 006 
 
 
Convention, and recalling the Convention on the 
Non-Applicability of Statutory Limitations to War Crimes and 
Crimes against Humanity, 
 
Emphasizing that human rights law and international 
humanitarian law are complementary and mutually reinforcing, 
 
 
Stressing that the right to life constitutes the most 
fundamental of all human rights, 
 
Condemning Israeli military operations in Lebanon, which 
constitute gross and systematic human rights violations of 
the Lebanese people, 
 
Appalled at the massive violations of the human rights of the 
people of Lebanon by Israel resulting in the massacre of 
thousands of civilians, injuries, extensive damage to 
civilian infrastructure, displacement of 1 million people, 
and outflows of refugees fleeing heavy shelling and 
bombardment against the civilian population, 
 
 
Strongly condemning the indiscriminate and massive Israeli 
air strikes, in particular on the village of Qana on 30 July 
2006, and the targeting of United Nations peacekeepers at the 
United Nations observer post in southern Lebanon on 25 July 
2006, 
 
 
Taking note of the strong condemnation by the United Nations 
High Commissioner for Human Rights of the killing of 
civilians in Qana, her call to take measures to protect 
civilian lives and civilian objects and her reiteration of 
the need for independent investigation, with the involvement 
of international experts, 
 
Noting the extreme concern expressed by the Representative of 
the Secretary-General on human rights of internally displaced 
persons, the Special Rapporteur on extrajudicial, summary or 
arbitrary executions, the Special Rapporteur on the right of 
everyone to the enjoyment of the highest attainable standard 
of physical and mental health, the Special Rapporteur on 
adequate housing as a component of the right to an adequate 
standard of living, and the Special Rapporteur on the right 
to food about the continuing adverse impact on the human 
rights and the humanitarian situation of the civilian 
population in Lebanon, 
 
Emphasizing that attacks and killings of innocent civilians 
and the destruction of houses, property and infrastructure in 
Lebanon are a breach of the principles of the Charter of the 
United Nations, international law and international 
humanitarian law as well as are flagrant violations of human 
rights, 
Recognizing the urgent need to address the dire humanitarian 
situation in Lebanon, including through the immediate lifting 
of the blockade of Lebanon imposed by Israel, 
Noting with concern the environmental degradation caused by 
 
GENEVA 00001954  005.2 OF 006 
 
 
Israeli strikes against power plants and their adverse impact 
on health, 
Concerned at the targeting of the communication and media 
networks in Lebanon, 
Outraged at the continuing senseless killings by Israel, with 
impunity, of children, women, the elderly and other civilians 
in Lebanon, 
1.  Strongly condemns the grave Israeli violations of human 
rights and breaches of international humanitarian law in 
Lebanon; 
2.  Condemns the massive bombardment of Lebanese civilian 
populations, especially the massacres in Qana, Marwaheen, Al 
Duweir, Al Bayadah, Al Qaa, Chiyah, Ghazieh and other towns 
of Lebanon, causing thousands of deaths and injuries, mostly 
among children and women, and the displacement of 1 million 
civilians, according to a preliminary assessment, thus 
exacerbating the magnitude of the human suffering of the 
Lebanese; 
3.  Also condemns the Israeli bombardment of vital civilian 
infrastructure resulting in extensive destruction and heavy 
damage to public and private properties; 
4.  Calls upon Israel to abide, immediately and scrupulously, 
by its obligations under human rights law, in particular the 
Convention on the Rights of the Child, and international 
humanitarian law; 
5.  Urges all concerned parties to respect the rules of 
international humanitarian law, to refrain from violence 
against the civilian population and to treat under all 
circumstances all detained combatants and civilians in 
accordance with the Geneva Conventions; 
6.  Also calls upon Israel to immediately stop military 
operations against the civilian population and civilian 
objects resulting in death and destruction and serious 
violations of human rights; 
7.  Decides to urgently establish and immediately dispatch a 
high-level commission of inquiry comprising of eminent 
experts on human rights law and international humanitarian 
law, including the possibility of inviting the relevant 
United Nations special procedures to be nominated to the 
Commission: 
(a)  To investigate the systematic targeting and killings of 
civilians by Israel in Lebanon; 
(b)  To examine the types of weapons used by Israel and their 
conformity with international law; 
(c)  To assess the extent and deadly impact of Israeli 
attacks on human life, property, critical infrastructure and 
the environment; 
8.  Requests the Secretary-General and the United Nations 
High Commissioner for Human Rights to provide all 
administrative, technical and logistical assistance required 
to enable the Commission of Inquiry to fulfil its mandate 
promptly and efficiently; 
9.  Calls upon the international community urgently to 
provide the Government of Lebanon with humanitarian and 
financial assistance to enable it to deal with the worsening 
humanitarian disaster, rehabilitation of victims, return of 
displaced persons and restoration of the essential 
infrastructure; 
10.  Requests the Commission of Inquiry to report to the 
 
GENEVA 00001954  006.2 OF 006 
 
 
Council no later than 1 September 2006 on progress made 
towards the fulfilment of its mandate. 
End Text. 
TICHENOR