A/HRC/16/71
I.
Introduction
1.
This is the High Commissioner’s third periodic report on the human rights situation
in the Occupied Palestinian Territory. It covers the period from 4 February to 30 November
2010.
2.
Information in this report is based primarily on human rights monitoring carried out
by the Office of the United Nations High Commissioner for Human Rights field presence in
the Occupied Palestinian Territory (OHCHR-OPT). Monitoring activities are implemented
within the framework of General Assembly resolution 48/141 of 1994, which established
the mandate of the High Commissioner for Human Rights, and in consideration of Human
Rights Council resolutions S-9/1 and S-12/1, which requested that the High Commissioner
for Human Rights monitor, document and report on human rights violations in the
Occupied Palestinian Territory, particularly in Gaza and East Jerusalem.
3.
It is noted that OHCHR-OPT communicated with the Government of Israel and the
Palestinian Authority during the preparation of this report. OHCHR-OPT acknowledges the
positive cooperation of both parties. An ongoing dialogue with duty-bearers is essential in
order to conduct meaningful human rights monitoring and reporting. OHCHR-OPT will
continuously seek to develop its cooperation and communication with the respective
authorities. With regard to the Government of Israel, it is hoped that these contacts can be
extended beyond officials in the Ministry of Foreign Affairs, and also include the Israeli
Defence Forces (IDF) and other counterparts. In this respect, the positive indications from
the Ministry of Foreign Affairs are noted with appreciation. With regard to the Palestinian
Authority, OHCHR-OPT is pleased to note the good cooperation with the Ministry of
Foreign Affairs, Ministry of the Interior and other counterparts.
II.
Legal framework
4.
International human rights law and international humanitarian law are applicable in
the Occupied Palestinian Territory. Detailed analysis of the legal framework and the basis
for the obligations of the different duty-bearers in the Occupied Palestinian Territory,
namely the State of Israel as the Occupying Power, the Palestinian Authority and the de
facto authorities in Gaza, is contained in the High Commissioner’s first periodic report on
the situation of human rights in the Occupied Palestinian Territory (A/HRC/12/37, paras 5–
9). This analysis remains valid.
III.
The human rights situation in Gaza
A.
Update on the general human rights situation
5.
The Israeli blockade continued to significantly impact the human rights situation in
Gaza. Though there was a moderation of the policy relating to the movement of goods in
June, no significant change in the blockade regime occurred. This includes in relation to the
movement of persons and exports from Gaza. From June to October, the monthly average
of truckloads entering Gaza equalled 65 per cent of the monthly average before the
blockade.1 Restrictions on exports remained, with a few exceptions, as did restrictions on
1
Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territory (OCHA),
Humanitarian Monitor, October 2010.
3
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