A/HRC/8/18
page 3
I. INTRODUCTION
1.
The present report is submitted pursuant to Human Rights Council resolution 6/19 on
religious and cultural rights in the Occupied Palestinian Territory, including East Jerusalem, in
which the Council requested the United Nations High Commissioner for Human Rights to report
to the Council, at its next session, on the implementation of that resolution.
2.
In its resolution 6/19, the Council stressed that all policies and measures taken by Israel,
the Occupying Power, to limit access of Palestinians to their holy sites, particularly in Occupied
East Jerusalem, on the basis of national origin, religion, birth, sex or any other status were in
violation of a number of human rights standards and resolutions and therefore should cease
immediately. It also called upon Israel, the Occupying Power, to respect the religious and
cultural rights enumerated in the Universal Declaration of Human Rights in the Occupied
Palestinian Territory, including East Jerusalem, and to allow Palestinian worshippers unfettered
access to their religious sites.
3.
In accordance with resolution 6/19, the present report assesses legislative and policy
measures taken by Israel that have had an adverse impact on the enjoyment of religious and
cultural rights in the Occupied Palestinian Territory. It focuses in particular on those measures
that have limited the access of Palestinian residents in the Occupied Palestinian Territory (both
Christians and Muslims) to religious sites located in the Territory, including East Jerusalem.
The present report is not mandated to deal with the situation of religious and cultural rights in
Israel or the issue of access of Palestinians to religious sites located in Israel. Nor does
resolution 6/19 cover the issue of access of Israeli citizens to Jewish holy sites located in the
Occupied Palestinian Territory. A note setting out the scope of the report was submitted to the
Council at its seventh session in March 2008.1
4.
On 28 February 2008, in view of the preparation of the present report, notes verbales were
sent to the Permanent Mission of Israel and the Permanent Observer Mission of Palestine by the
Office of the United Nations High Commissioner for Human Rights (OHCHR), seeking
comments and observations on the resolution by 4 April. The Permanent Observer Mission of
Palestine submitted its reply on 2 April. Reference to the reply is included in the present report.
No reply was received from the Permanent Mission of Israel.
II. LEGAL FRAMEWORK
A. Context
5.
The international legal framework applicable to the exercise of religious and cultural rights
in the Occupied Palestinian Territory referred to in resolution 6/19 includes the following
international instruments: the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights and the Fourth Geneva Convention relative to the Protection of Civilian Persons
in Time of War.
1
A/HRC/7/77.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents