General Assembly

Inside the General Assembly debate on the Goldstone Report; UPDATE V (Final Vote)

Mark Leon Goldberg November 5, 2009 - 12:11 pm

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Today is a big day of debate and maneuvering at the General Assembly over a resolution on the Goldstone Report. The end results of these negotiations will foretell the degree of support that the resolution will receive when it comes to a vote, likely tomorrow. (See this post from yesterday for more on the substance of the resolution and the EU's proposed edits.)

The big question is whether or not the EU will end up supporting the resolution. A close watcher of today's General Assembly discussion passes along these observations:

There is currently a divide within the EU group as to what language can be accepted in the resolution on Goldstone. The resolution currently reads, “Endorses the report of the Human Rights Council on its Twelfth Special Session of 15-16 October 2009”. This is unacceptable to the EU members [particularly the Netherlands and Italy] who either voted against or abstained from voting at the special HRC session.

The question is now whether the sentence will be taken out, in which case the EU will either abstain or vote in favor of the resolution. If not, the draft will most likely not receive important backing from the EU, leaving the Palestinian delegation to add more hard line language on Israel. The Palestinian delegation and the EU are currently engaged in consultations on this issue, with an outcome expected this evening

 

The observer also adds, "The U.S. has made the decision to speak after the vote (as an explanation of vote). There are currently 43 speakers on the list...and the session is likely to continue tomorrow. Consequently, the vote and the U.S. statement will also take place tomorrow."  We'll update as new information comes to light as to whether or not the offending clause is deleted.

 

UPDATE:  Our source at the GA says, "EU Ambassadors are currently meeting to discuss the joint EU position on the Goldstone draft resolution, which remains unclear. It looks like the majority of the EU would vote yes on a resolution where "endorse"  is replaced by less strong language, such as "takes note" or even "takes note with appreciation."  Some of the EU hardliners are expected to vote against this. However, if the Palestinian delegation does not alter the language in the draft as it stands now, this will all change."


UPDATE II:  From our GA insider this morning:  "The Swedish Presidency has received a counter-proposal from the Palestinians to amend two perambulatory clauses, as well as the operative clause which “endorses” the report of the Human Rights Council on its Twelfth Special Session of 15-16 October 2009 to instead read “welcomes”.

According to the Swedish presidency, these changes may not be sufficient to secure ample EU consensus to support the resolution. Several delegations will have a hard time “welcoming” the report, and have been checking back with capitals overnight for further instructions. The European ambassadors have been meeting this morning to discuss the counter-proposal. However, EU "hardliners" may still not go along with the new formulations."   

 

The drama continues! 

 

UPDATE III: Big news, I am told, "the Palestinians have rejected the proposed EU language modifications, which means that delegations will be voting on the original draft resolution which reads 'endorses the HRC report.' Action is not likely to be taken before 5 o’clock." 

It will be interesting to see how widespread the support for the GA resolution will be considering the language may now be too harsh for many European countries. 

 

UPDATE IV:  The USA votes against the resolution, not surprisingly.  Here is the explanation of the the vote from Deputy Perm Rep, Ambassador Alejandro Wolff:

The United States remains deeply concerned about the human suffering of the Palestinian and Israeli peoples that results from the ongoing Arab-Israeli conflict. The best way to end that suffering is to bring about a comprehensive peace in the region, including two states, Israel and Palestine, living side by side in peace and security. The United States is firmly committed to pursuing that goal. As we urge the parties to restart permanent status negotiations leading to the creation of a Palestinian state, we should all be seeking to advance the cause of peace—and doing nothing to hinder it.

The United States strongly supports accountability for human rights and humanitarian law violations in relation to the Gaza conflict. Our goal is to achieve genuine accountability in a way that respects internal processes and the ongoing efforts to restart permanent status negotiations between Israel and the Palestinians.

As the United States made clear in Geneva, we believe that the Goldstone Report is deeply flawed—including its unbalanced focus on Israel, its sweeping conclusions of law, the excessively negative inferences it draws about Israel’s intentions and actions, its failure to deal adequately with the asymmetrical nature of the Gaza conflict, its failure to assign appropriate responsibility to Hamas for its decision to base itself and its operations in heavily civilian-populated urban areas, and its many overreaching recommendations.

First, let me point out that we appreciate that the resolution under consideration calls on both Israel and the Palestinians—although it does not name Hamas—to pursue investigations of the allegations that pertain to each of them in the Report. This is an advance over the original one-sided mandate provided by the Human Rights Council to the Goldstone Commission. We will continue to call for all parties to meet their responsibilities and pursue credible domestic investigations.

Nevertheless, we also have real concerns about this resolution.

Given the far-reaching legal conclusions and recommendations of the 575-page Goldstone Report, including findings that have serious implications for conflicts in other parts of the world, we do not think it appropriate to endorse the Report in its entirety.

Attempting, as this resolution does, to press the Security Council to take this matter up is equally unconstructive. The Security Council is already seized of the situation in the Middle East and holds monthly meetings on the topic, the only subject on the Council’s entire agenda that is discussed with such frequency. As many member states have made clear, the appropriate forum for discussion of this report is the Human Rights Council.

The resolution also unhelpfully introduces international supervision of the investigations to be undertaken by the parties that would interfere with the parties’ ability to conduct their own processes.

The proposed convocation of the High Contracting Parties to the Fourth Geneva Convention is also unnecessary and unproductive. Convening a conference of the Contracting Parties to the Geneva Convention for the purpose of spotlighting one country would only heighten divisions and could set back the process of restarting permanent status negotiations. This and the other imbalanced references to the parties throughout the text—including the failure to mention Hamas by name—convey the impression that this body is, yet again, handling Arab-Israeli issues in an unbalanced manner.

 For these reasons, we will vote against the resolution. But we believe that lifesaving progress can be made if we can lift our sights and look toward a more hopeful future. The United States will continue to work resolutely in pursuit of a just and lasting peace.

 

Thank you Mr. President.

UPDATE V: Here is the final vote count, by country.  There were 114 Yes votes, 18 No votes, and 44 abstentions.

 

 

 

 

 

Picture: flickr.

 

 

 

 

General Assembly debates dueling Goldstone Report proposals

Mark Leon Goldberg November 3, 2009 - 11:32 am

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The General Assembly will take up the Goldstone Report in a session tomorrow.  There are two competing resolutions circulating.  The first (below) is drafted by Arab states and calls for the Secretary General to transmit the report to the Security Council.  The EU, lead by France and Germany, are trying to prevent that outcome by inserting language in the resolution that calls on both the Palestinians and Israeli's to pursue internal investigation into alleged war crimes, the credibility of which would be verified by the High Commissioner for Human Rights before a future Human Rights Council meeting.  Specifically, the EU text:

"Urges the parties to launch appropriate independent investigations, in conformity with international standards, into the allegations of serious violations of [international humanitarian law] and international human rights law] reported by the Mission, requests the [High Commissioner for Human Rights] to report on their undertakings to the next session of the Human Rights Council and requests the Secretary-General to report to the General Assembly on developments by xxx."

This essentially means kicking the report back down to the Human Rights Council rather than up to the Security Council.  It will be interesting to see how the P-5 vote on this.  This is a position much closer to what the United States wants, but it is still hard to see the United States voting for a resolution in any form, particularly given the fact that the United States Congress will vote today on a measure today condemning the Goldstone Report.  Meanwhile, China and Russia are probably loathe to vote for something that effectively sets a precedent by which "internal" human rights issues are discussed at the Security Council.  

In any event, this will be a closely watched vote tomorrow. 

 

 

 

Draft from Arab states

 

2 November 2009

 DRAFT

 GENERAL ASSEMBLY - 64th SESSION

 AGENDA ITEM: Human Rights Council Report

 Follow-up of the Report of the United Nations Fact Finding Mission on the Gaza Conflict (Goldstone Report)

 The General Assembly,

 Guided by the purposes and principles of the Charter of the United Nations,

 Recalling the relevant rules and principles of international law, including international humanitarian and human rights law, particularly the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

 Recalling also the Universal Declaration of Human Rights and the other human rights covenants, including the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child,

 Recalling its relevant resolutions, including resolution ES-10/18 of 16 January 2009 of its tenth emergency special session,

 Recalling also the relevant Security Council resolutions, including resolution 1860 (2009) of 8 January 2009,

 Recalling the relevant resolutions of the Human Rights Council, including resolution S-12/1 of 16 October 2009,

 Expressing its appreciation to the “United Nations Fact Finding Mission on the Gaza Conflict” led by Justice Richard Goldstone for their comprehensive report,

 Affirming the obligation of all parties to respect international humanitarian law and international human rights law,

 Emphasizing the importance of the safety and well-being of all civilians, and reaffirming the obligation to ensure the protection of civilians in armed conflict,

 Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the Israeli military operations in the Gaza Strip that were launched on 27 December 2008, including the findings of the “United Nations Fact Finding Mission on the Gaza Conflict” and the Secretary-General’s Board of Inquiry,

 Condemning all targeting of civilians and civilian infrastructure and institutions, including United Nations facilities,

 Stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law for preventing impunity, ensuring justice, deterring further violations and promoting peace,

 Convinced that achieving a just, lasting and comprehensive settlement of the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of a comprehensive, just and lasting peace and stability in the Middle East,

1. Endorses the report of the Human Rights Council on its Twelfth Special Session of 15-16 October 2009;

 2. Requests the Secretary-General to transmit the report of the “United Nations Fact Finding Mission on the Gaza Conflict” to the Security Council;

 3. Calls upon the Government of Israel to take all appropriate steps, within a period of three months, to undertake investigations that are independent, credible and in conformity with international standards into the serious violations of international humanitarian and international human rights law reported by the “United Nations Fact Finding Mission on the Gaza Conflict” towards ensuring accountability and justice;

 4. Urges, in line with the recommendation of the “United Nations Fact Finding Mission on the Gaza Conflict”, the undertaking of investigations that are independent, credible and in conformity with international standards, within a period of three months, by the Palestinian side into the serious violations of international humanitarian and international human rights law reported by the “United Nations Fact Finding Mission on the Gaza Conflict” towards ensuring accountability and justice;

 5. Recommends to the Government of Switzerland, in its capacity as depositary of the Fourth Geneva Convention, to undertake the necessary steps as soon as possible to reconvene a Conference of the High Contracting Parties to the Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure its respect in accordance with common article 1;

 6. Requests the Secretary-General to report to the General Assembly, within a period of three months, on the implementation of the present resolution, with a view to considering further action, if necessary, by the relevant United Nations organs and bodies, including by the Security Council;

 7. Decides to remain seized of the matter.

 

Proposed EU Changes:

1. Takes note of the report of the Independent International Fact-Finding Mission and expresses concern at the allegations of breaches of international humanitarian and human rights law.

 2. Condemns all targeting of civilians and United Nations facilities.

 3. Emphasises the obligation of all parties to the conflict to respect international humanitarian law and international human rights law.

 4. Stresses the urgent need to ensure accountability for all violations of international human rights law and international humanitarian law to deter further violations.

 5. Urges the parties to launch appropriate independent investigations, in conformity with international standards, into the allegations of serious violations of IHL and IHRL reported by the Mission, requests the HCHR to report on their undertakings to the next session of the Human Rights Council and requests the Secretary-General to report to the General Assembly on developments by xxx. 

 

 

Susan Rice on Cuba vote: "Here we go again."

Mark Leon Goldberg October 28, 2009 - 1:29 pm

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Each year for as far back as I can remember, the General Assembly passes a resolution condemning the American embargo on Cuba.  The resolution typically passes with only three no votes: The US, Israel, and the Palau.  This year was no exception, despite the fact that the Obama administration has been inching ever closer toward a rapprochement with Cuba.  Steve Clemons wanted the U.S. to abstain. As did UN Dispatch fave, Representative Jim McGovern.    Alas, the Cold War rages on in the Caribbean.   

 

Here is Susan Rice'e full explanation of the American vote:

Here we go again. I suppose old habits die hard.

The hostile language we have just heard from the Foreign Minister of Cuba seems straight out of the Cold War era and is not conducive to constructive progress. We will not respond in kind to painfully familiar rhetoric that we have heard in years past – rather, I am prepared to acknowledge that there is a new chapter to this old story.

In recent months, since the start of the Obama Administration, the United States has undertaken several steps to reach out to the Cuban people in support of their desire to freely determine their country's future. We have promoted family visits and the free flow of information to and from the Cuban people. The United States lifted restrictions on family visits and remittances and expanded the amounts of humanitarian items that the American people can donate to individuals in Cuba. The United States has enhanced the ability of U.S. telecommunications companies to pursue agreements to provide service to Cuba and has made it easier for U.S. agricultural producers to pursue contracts with Cuban buyers. These are important steps and we hope they can be the starting point for further changes in the relationship.

Mr. President, it is equally important to note that the United States has demonstrated that we are prepared to engage the Government of Cuba on issues that affect the security and well-being of both our peoples. Specifically, we have resumed bilateral discussions on migration, we have initiated talks to re-establish direct mail service between the United States and Cuba, and we stand by to provide assistance should Cuba be ravaged again by hurricanes as it was in 2008. We believe that any resolution commenting on the relationship between Cuba and the United States of American should reflect these constructive developments. Sadly, the resolution under discussion fails in that regard and regrettably, the Government of Cuba has not yet reciprocated these important steps taken by my government.

Mr. President, at the same time, we must point out that the United States of America, like all Member States, has the sovereign right to conduct its economic relationship with another country as it sees fit. The U.S. economic relationship with Cuba is a bilateral issue and part of a broader set of relations. The steps the United States has taken to improve communications and exchanges with the Cuban people are undertaken with a continuing firm commitment to encouraging the Cuban government to respect basic norms embodied in the Inter-American Democratic Charter and the Universal Declaration of Human Rights.

As we discuss our differences on this subject, we must remember one important commonality - the United States, like most Member States, is firmly committed to supporting the desire of the Cuban people to determine freely their country's future.

Respect for human rights and fundamental freedoms are part of this organization's core values. We should not lose sight of that in a stale debate bogged down in the rhetorical arguments of the past. That kind of debate does nothing to help the Cuban people.

Mr. President, I must address two significant distortions in the Cuban position. First, my delegation regrets that the delegation from Cuba continues to label inappropriately and incorrectly U.S. trade restrictions on Cuba as an act of genocide. Such an egregious misuse of the term diminishes the real suffering of victims of genocide elsewhere in the world. Second, it is erroneous to charge that U.S. sanctions are the cause of deprivation among the Cuban people. The U.S. maintains no restriction on humanitarian aid to Cuba. In fact, the U.S. is a major source of humanitarian assistance to the Cuban people and the largest provider of food to Cuba.

In 2008, the United States exported agricultural products, medical devices, medicine, wood, and humanitarian items to Cuba. In agricultural products alone, the United States sold $700.1 million of goods to Cuba. Once again, in 2008, the United States was Cuba's fifth largest trading partner.

As we have sought to reach out to the Cuban people, we have called upon the Cuban government to take steps to respond to the desire of its citizens to enjoy political, social, and economic freedoms. There are many things the Government of Cuba could do to signal its willingness to engage constructively with its own people and with the United States. Positive measures could include liberating the hundreds of prisoners of conscience in Cuban jails, ratifying the International Covenant on Civil and Political Rights, reducing the excessive charges on remittances flowing into the country, demonstrating greater respect for freedom of speech, ending the practice of arresting political opponents on vague and arbitrary charges such as "social dangerousness," and permitting the visit of UN rapporteurs on human rights and torture.

As other delegations consider this resolution, we do hope that they will not lose sight of the undeniable fact that the Cuban government's airtight restrictions on internationally-recognized social, political, and economic freedoms are the main source of deprivation and the primary obstacle to development in Cuba.

Mr. President, because it does not reflect current realities, my delegation will vote against this resolution. At the same time, the United States will continue to work to expand opportunities for the people of Cuba to empower themselves through access to information and resources. We will continue to engage the Government of Cuba on issues of mutual concern and national security. We await a constructive Cuban response to our initiatives. In the meantime, it is high time for this body to move beyond the rhetorical posturing of the past, to recognize the situation in Cuba for what it is today, and to encourage progress towards genuine change.

Thank you Mr. President.

 

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