A/HRC/34/39
decision to impose its laws, jurisdiction and administration in the occupied Syrian Golan
Heights was null and void and without international legal effect.
VI. Conclusions and recommendations
61.
Israeli settlement activity is incompatible with the obligations of Israel under
international law. Settlement activity is a key driver of need for humanitarian
assistance in the West Bank, including East Jerusalem, and lies at the core of a range
of human rights violations. Israeli settlement activity further constitutes one of the
main obstacles to a viable Palestinian State. The significant role that the production of
and trade in settlement goods plays in helping to support and maintain settlements is
also of concern.
62.
Israel must implement all relevant United Nations resolutions, including
Security Council resolution 497 (1981), and withdraw from territory it has occupied
since 1967. To meet its obligations under international law, Israel must stop building
settlements, reverse any settlement development activity and make full reparations to
the individuals and communities concerned. 87
63.
Within the scope of its obligation to respect and ensure respect for human
rights within the Occupied Palestinian Territory, the Government of Israel has the
duty to protect the Palestinian population against human rights abuses by third
parties, including business enterprises. It should implement the Guiding Principles on
Business and Human Rights and, in particular, take the legislative, administrative
policy and remedial actions necessary to prevent, investigate, punish and redress
abuses. The Israeli authorities must rescind all policies and practices that, directly or
indirectly, are likely to lead to the forcible transfer of Palestinians, including policies
and practices that contribute to the creation of a coercive environment that forces
people to leave their communities. Specifically, the Israeli authorities must:
(a)
Refrain from any initiative to relocate communities from Area C in
contravention of international law;
(b)
Cease the implementation of a planning and zoning regime that is
discriminatory and restrictive and that facilitates the construction and expansion of
settlements and the wall, in violation of international law;
(c)
Cease the demolition of the homes and private property of Palestinians
and take all measures to prevent violence and other coercive measures perpetrated by
public officials or settlers;
(d)
Ensure that any incident of violence by private actors, including settlers,
against Palestinians and their property are investigated, that perpetrators are
prosecuted and, if convicted, punished with appropriate sanctions, and that victims
are provided with effective remedies in accordance with international standards. 88
64.
Third States should provide guidance on implementing the Guiding Principles
on Business and Human Rights to business enterprises domiciled in their territory or
within their jurisdiction that operate in conflict-affected areas, including in the
context of military occupation, such as in the Occupied Palestinian Territory.
65.
Business enterprises should undertake human rights due diligence in order to
identify, prevent, mitigate and account for how they address any adverse human
rights impact on Palestinians they may cause or contribute to, or which may be
directly linked to their operations, products or services.
87
88
14
Draft articles 30 and 31 of the draft articles on responsibility of States for internationally wrongful
acts, see Yearbook of the International Law Commission 2001, vol. II (Part Two), p. 28.
See CCPR/C/ISR/CO/4, para. 16.
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