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UNITED
NATIONS
A

      General Assembly
Distr.
GENERAL
A/HRC/S-9/2
27 January 2009

Original: ENGLISH

HUMAN RIGHTS COUNCIL
Ninth special session
9 and 12 January 2009


REPORT OF THE HUMAN RIGHTS COUNCIL ON ITS

NINTH SPECIAL SESSION

Vice-President and Rapporteur: Mr. Elchin Amirbayov (Azerbaijan)




CONTENTS

Chapter
Paragraphs
Page
I.Resolution adopted by the Council at its ninth special session
3
II.Organization of work of the ninth special session
1 - 29
8
A.
B.
C.
D.
E.
F.
G.
Opening and duration of the session
Attendance
Officers
Organization of work
Resolution and documentation
Statements
Action on draft resolution A/HRC/S-9/L.1
5 - 6
7
8
9 - 11
12 - 13
14 - 21
22 - 29
8
8
8
9
9
9
11
III.Report to the General Assembly on the ninth special session of the Human Rights Council
30
12
Annexes
I.
II.
Administrative and programme budget implications of the resolution adopted by the Council at its ninth special session
List of documents issued for the ninth special session of the Council
13
14


I. Resolution adopted by the Council at its ninth special session


S-9/1.
    The grave violations of human rights in the Occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the occupied Gaza Strip

3rd meeting
12 January 2009

II. Organization of work of the ninth special session


1. Pursuant to paragraph 10 of General Assembly resolution 60/251 of 15 March 2006, and in accordance with rule 6 of the rules of procedure of the Human Rights Council as contained in the annex of Council resolution 5/1 of 18 June 2007, the Council shall hold special sessions, when needed, at the request of a member of the Council with the support of one third of the membership of the Council.

2. In a letter dated 6 January 2009, addressed to the President of the Human Rights Council (A/HRC/S-9/1), the Permanent Representative of Cuba to the United Nations Office at Geneva, as President of the Non-Aligned Movement, the Permanent Representative of Egypt to the United Nations Office at Geneva, as President of the Group of Arab States and Coordinator of the Group of African States, and the Permanent Representative of Pakistan to the United Nations Office at Geneva, as Coordinator of the Organization of Islamic Conference, requested the convening of a special session of the Human Rights Council on 9 January 2009 to address the grave violations of human rights in the Occupied Palestinian Territory including the recent aggression on the occupied Gaza Strip.

3. The request was supported by the following 33 member States of the Council: Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Brazil, Burkina Faso, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Mauritius, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Switzerland, Uruguay and Zambia.

4. As more than one third of the membership of the Council supported the above-mentioned request, the President of the Human Rights Council convened informative consultations on this matter on 7 January 2009 and the special session of the Council was held on 9 January 2009.


A. Opening and duration of the session

5. The Council held its ninth special session at the United Nations Office at Geneva on 9 and 12 January 2009. It held three meetings during the session.

6. The ninth special session was opened by the President of the Council.


B. Attendance

7. The special session was attended by representatives of States members of the Council, observer States of the Council, observers for non-member States of the United Nations and other observers, as well as observers for United Nations entities, specialized agencies and related organizations, intergovernmental organizations and other entities, national human rights institutions and non-governmental organizations.

C. Officers

8. At its second organizational meeting of the third cycle, on 19 June 2008, the Council elected the following officers, who also served as officers for the ninth special session:

        President:
      Mr. Martin Ihoeghian Uhomoibhi (Nigeria)
        Vice-Presidents:
      Mrs. Erlinda F. Basilio (Philippines)

      Mr. Alberto J. Dumont (Argentina)

      Mr. Marius Grinius (Canada)

        Vice-President and Rapporteur:
      Mr. Elchin Amirbayov (Azerbaijan)

D. Organization of work

9. Pursuant to paragraph 124 of the annex to Council resolution 5/1 of 18 June 2007, an open-ended informative consultation was held on 7 January 2009 in preparation for the ninth special session.

10. At its 1st meeting, on 9 January 2009, the Council considered the organization of its work, including speaking time limits, which would be five minutes for statements by States members of the Council and concerned countries, and three minutes for statements by observers for non-member States of the Council and other observers, including United Nations entities, specialized agencies and related organizations, intergovernmental organizations and other entities, national human rights institutions and non-governmental organizations. The list of speakers would be drawn up in chronological order of registration and the order of speakers would be concerned countries followed by States members of the Council, observers States of the Council and observers for United Nations entities, specialized agencies and related organizations, intergovernmental organizations and other entities, and observers of national human rights institutions and non-governmental organizations.

11. The special session was conducted in accordance with the relevant provisions contained in Council resolution 5/1.


E. Resolution and documentation

12. The resolution adopted by the Council at its ninth special session is reproduced in chapter I of the present report.

13. The list of documents issued for the ninth special session is contained in the annex to the present report.


F. Statements

14. At the 1st meeting, on 9 January 2009, the United Nations High Commissioner for Human Rights, Ms. Navanethem Pillay, made a statement.

15. A statement from Mr. Richard Falk, Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, was read out at the same meeting.

16. Also at the same meeting, the representatives of Israel and Palestine made statements as concerned countries.

17. At the same meeting, statements were made by the following States members of the Human Rights Council: Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Burkina Faso, Chile (on behalf of GRULAC), China, Cuba (on behalf of the Non-Aligned Movement), Czech Republic (on behalf of the European Union and candidate country Croatia), Djibouti, Egypt, Egypt (on behalf of the Group of African States), Egypt (on behalf of the Group of Arab States), France, Ghana, India , Indonesia, Japan, Malaysia, Nicaragua, Nigeria, Pakistan (on behalf of the Organization of Islamic Conference), Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Switzerland, United Kingdom of Great Britain and Northern Ireland and Zambia.

18. At the 2nd meeting, on 9 January 2009, statements were made by the following:

(a) States members of the Council: Bolivia, Brazil, Canada, Chile, Germany, Italy, Jordan, Mexico, Netherlands, Philippines, Senegal, Slovenia, and Ukraine;

(b) Observer States of the Council: Iran (Islamic Republic of), Iraq, Ireland, Jamaica, Kuwait, Lebanon, Libyan Arab Jamahiriya, Luxembourg, Morocco, New Zealand, Norway, Oman, Peru, Portugal, Spain, Sri Lanka, Sudan, Syria, Thailand, Tunisia, Turkey, United Arab Emirates, Venezuela (Bolivarian Republic of), Viet Nam and Yemen;

(c) Observer for the Holy See;

(d) Observers for United Nations entities, specialized agencies and related organizations: United Nations Relief and Works Agency for Palestine Refugees in the Near East (also on behalf of the United Nations Office for the Coordination of Humanitarian Affairs and the United Nations Children’s Fund);

(e) Observers for inter-governmental organizations: Organization of the Islamic Conference, African Union and League of Arab States;

(f) Observer for a national human rights institution: National Council for Human Rights of Egypt;

(g) Observers for non-governmental organizations: Al-Haq (also on behalf of Law in the Service of Man, Badil Resource Center for Palestinian Residency and Refugee Rights, Adalah-Legal Center for Arab Minority Rights in Israel and Cairo Institute for Human Rights Studies) and International Federation of Human Rights Leagues (also on behalf of Palestinian Centre for Human Rights).

19. At the 3rd meeting, on 12 January 2009, statements were made by the following:

(a) Observer for a national human rights institution: Irish Human Rights Commission;

(b) Observers for non-governmental organizations: Coordinating Board of Jewish Organizations (also on behalf of B’nai B’rith International), International Association of Jewish Lawyers & Jurists, Association for World Education (also on behalf of World Union for Progressive Judaism), World Federation of Trade Unions, Mouvement contre le racisme et pour l’amitié entre les peuples, Caritas Internationalis (also on behalf of Pax Romana and Dominicans for Justice and Peace), Europe-Third World Centre, International Youth and Student Movement for the United Nations, Cairo Institute for Human Rights Studies, Federación de Asociaciones para La Promoción y Protección de los Derechos Humanos-España, Union of Arab Jurists (also on behalf of the International Organization for the Elimination of All Forms of Racial Discrimination and General Arab Women Federation), Franciscans International, Defence for Children International, World Organization Against Torture, United Nations Watch, Amnesty International, Human Rights Watch, European Union of Jewish Students, Permanent Assembly for Human Rights, Indian Movement Tupaj Amaru, International Commission of Jurists, Nord-Sud XXI and Women’s International Zionist Organization.

20. At the 3rd meeting, on 12 January 2009, the representative of the Syrian Arab Republic made a statement in exercise of the right of reply.

21. Also at the 3rd meeting, on 12 January 2009, the President made his concluding remarks.


G. Action on draft resolution A/HRC/S-9/L.1

22. At the 3rd meeting, on 12 January 2009, the representative of Egypt (on behalf of the Group of Arab States and the Group of African States) introduced draft resolution A/HRC/S-9/L.1, sponsored by Cuba, Egypt (on behalf of the Group of Arab States and the Group of African States) and Pakistan (on behalf of the Organization of the Islamic Conference). Belarus, Bolivia, the Democratic People’s Republic of Korea, Ecuador, Nicaragua and Venezuela (the Bolivarian Republic of) subsequently joined the sponsors.

23. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications of the draft resolution A/HRC/S-9/L.1.

24. Statements were made by the representatives of Israel and Palestine as concerned countries.

25. At the same meeting, a general comment in connection with the adoption of the draft resolution was made by the representative of Egypt.

26. Statements in explanation of vote before the vote on the draft resolution were made by the representatives of Canada, Germany (on behalf of States members of the European Union that are members of the Council) and Switzerland.

27. At the request of the representative of Canada, a roll-call vote was taken on the draft resolution, which was adopted by 33 votes to 1, with 13 abstentions. The voting was as follows:

        In favour
Angola, Argentina, Azerbaijan, Bahrain, Bangladesh, Bolivia, Brazil, Burkina Faso, Chile, China, Cuba, Djibouti, Egypt, Gabon, Ghana, India, Indonesia, Jordan, Madagascar, Malaysia, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Uruguay, Zambia.
        Against:
Canada.
        Abstaining:
Bosnia and Herzegovina, Cameroon, France, Germany, Italy, Japan, Netherlands, Republic of Korea, Slovakia, Slovenia, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.

28. Statements in explanation of vote after the vote were made by the representatives of South Africa, Japan, Russian Federation and Uruguay.

29. For the text of the resolution as adopted, see chapter I, resolution S-9/1.

30. At the 3rd meeting, on 12 January 2009, the draft report was adopted ad referendum and the Rapporteur was entrusted with its finalization.


ANNEX I

Administrative and programme budget implications of the resolution
adopted by the Council at its ninth special session1

Oral statement by the Secretariat in connection
with draft resolution A/HRC/S-9/L.1

“The grave violations of human rights in the Occupied Palestinian Territory particularly due to the recent Israeli military attacks against the occupied Gaza Strip”


1. The revised draft resolution just presented to the Council contains proposals for activities that will require analysis and review of the level of resources required to implement them. Owing to the brief duration of this ninth Special Session of the Council, the Secretariat is not in a position to prepare and present the related statement of administrative and financial implications of the revised draft resolution within the requisite 48 hour minimum period.

2. This oral statement is presented to inform the Council that no provision has been included under Section 23, Human Rights, or other sections of the Programme Budget for the Biennium 2008-2009 for these activities, and thus additional appropriations will likely be requested. In due course, the Secretariat will carry out a thorough review of the implications of the revised draft resolution and a written statement containing a detailed analysis of the programme budget implications will be submitted to the General Assembly at the time it considers the resolutions of the Council.

_________

1See paragraph 23 above.



ANNEX II

List of documents issued for the ninth special session of the Council

Documents issued in the general series
A/HRC/S-9/1Letter dated 6 January 2009 from the Permanent Representative of Egypt to the United Nations Office at Geneva, as President of the Arab Group and Coordinator of the African Group, the Permanent Representative of Pakistan to the United Nations Office at Geneva, as Coordinator of the Organization of Islamic Conference, and the Permanent Representative of Cuba to the United Nations Office at Geneva, as President of the Non-Aligned Movement, addressed to the President of the Human Rights Council
A/HRC/S-9/2Report of the Human Rights Council on its ninth special session
Documents issued in the limited series
A/HRC/S-9/L.1Draft resolution: The grave violations of human rights in the Occupied Palestinian Territory, particularly due to the recent Israeli military attacks against the occupied Gaza Strip
Documents issued in the Government series
A/HRC/S-9/G/1Note verbale of 6 January 2009 from the Permanent Mission of Cuba to the United Nations Office at Geneva, addressed to the Secretariat of the Human Rights Council
Documents issued in the non-governmental organizations series
A/HRC/S-9/NGO/1Written statement submitted by the International NGO Forum on Indonesian Development (INFID), a non-governmental organization in special consultative status
A/HRC/S-9/NGO/2Written statement submitted by Nord-Sud XXI, a non-governmental organization in special consultative status
A/HRC/S-9/NGO/3Written statement submitted by the Association for World Education (AWE), a non-governmental organization on the Roster
A/HRC/S-9/NGO/4Joint written statement submitted by Badil Resource Center for Palestinian Residency and Refugee Rights, Adalah-The Legal Center for Arab Minority Rights in Israel, Al-Haq and The Arab Association for Human Rights (HRA), non-governmental organizations in special consultative status
A/HRC/S-9/NGO/5Written statement submitted by the International Rehabilitation Council for Torture Victims (IRCT), a non-governmental organization in special consultative status
A/HRC/S-9/NGO/6Written statement submitted by Association of World Citizens, a non-governmental organization on the Roster
A/HRC/S-9/NGO/7Joint written statement submitted by the Europe – Third World Centre and American Association of Jurists (AAJ), non-governmental organizations in special consultative status
A/HRC/S-9/NGO/8Written statement submitted by Defence for Children International (DCI), a non-governmental organisation in special consultative status
A/HRC/S-9/NGO/9Written statement submitted by Asamblea Permanente por los Derechos Humanos, a non-governmental organisation in special consultative status
A/HRC/S-9/NGO/10Written statement submitted by Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, a non-governmental organisation in special consultative status

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