A/HRC/31/44 I. Introduction 1. The present report, which covers the period from 1 November 2014 to 31 October 2015, assesses the implementation of Human Rights Council resolution 28/27. It is based on monitoring and other information-gathering activities carried out by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and other United Nations entities in the Occupied Palestinian Territory. It also draws on information obtained from Israeli and Palestinian non-governmental organizations (NGOs) and from media sources. 2. In the present report, the human rights situation is viewed through the lens of the ongoing restrictions on the right to freedom of movement in the Occupied Palestinian Territory and their impact on the enjoyment of a wide range of other human rights. The report does not provide a comprehensive account of all human rights concerns in the Occupied Palestinian Territory. It should be read in conjunction with the reports of the Secretary-General on Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan (A/70/351) and on Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem (A/70/421), as well as the reports of the Secretary-General (A/HRC/31/43) and the High Commissioner (A/HRC/31/40) before the Human Rights Council at its thirtyfirst session. II. Legal background 3. International humanitarian law and international human rights law are applicable in the Occupied Palestinian Territory. The detailed analysis of the applicable legal framework, including the basis of the legal obligations of the duty bearers, presented in the report of the High Commissioner on the implementation of Council resolution S-9/1 (see A/HRC/12/37, paras. 5-9) and the 2014 report of the Secretary-General on Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem (see A/69/347, paras. 3-6), remains valid. 4. Freedom of movement is guaranteed under international human rights law 1 and international humanitarian law.2 Israel, as the occupying Power, has an obligation to facilitate the freedom of movement of persons residing in the Occupied Palestinian Territory. Palestinian duty bearers too are obliged to respect and ensure freedom of movement. 5. While certain restrictions on freedom of movement are allowed under international law, including for reasons of security,3 they must be strictly necessary for that purpose, proportionate and non-discriminatory.4 1 2 3 4 2 See the International Covenant on Civil and Political Rights, art. 12; and the Universal Declaration of Human Rights, art. 13. See the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), art. 27; and the 1958 commentary of the International Committee of the Red Cross on that same article. See the Fourth Geneva Convention, arts. 27 and 64 (2); the 1958 commentary of the International Committee of the Red Cross on that same article; and the Convention respecting the Laws and Customs of War on Land, annex, art. 43. See the advisory opinion of the International Court of Justice on the legal consequences of the construction of the wall in the Occupied Palestinian Territory, paras. 135-137.