A/HRC/31/44 6. Freedom of movement is also a prerequisite for the enjoyment of a broad range of civil, political, economic, social and cultural rights. The exercise of some rights, such as the rights to work, health and education, depends to a large extent on the ability to move freely and to choose one’s residence. Thus, restrictions to freedom of movement can lead to limitations on a range of other human rights. 5 7. Israel has positive obligations under both international humanitarian law and human rights law. Under international humanitarian law, the occupying Power retains positive obligations to ensure the welfare of the population, including the provision of medical supplies.6 The principle of non-discrimination7 is also relevant, especially in relation to the differential treatment of settlers and Palestinians living in the Occupied Palestinian Territory. III. Restrictions on freedom of movement and their impact on human rights A. Introduction 8. During the reporting period, the human rights situation in the Occupied Palestinian Territory remained difficult, and was characterized by violations of a range of rights. Longstanding restrictions on free movement between Gaza and the West Bank and within the West Bank exacerbated the situation. 9. In the Oslo Accords it is provided that, “without derogating from Israel’s security powers and responsibilities”, the movement of people and vehicles in the West Bank “will be free and normal, and shall not need to be effected through checkpoints or roadblocks”. Furthermore, it is recognized that the West Bank and Gaza should be maintained as a “single territorial unit … respecting and preserving without obstacles, normal and smooth movement of people”. 10. During the reporting period, movement restrictions remained in place, many of them in contradiction with previous agreements and international law. The restrictions have contributed to a fragmentation of the Occupied Palestinian Territory to a point where freedom of movement is severely impeded. 11. The current situation must be reversed. In his previous report, the Secretary-General noted that human rights violations by all duty bearers were driving the conflict in an everworsening cycle of violence (see A/HRC/28/45, para. 8). Movement restrictions undermine individuals’ rights to health care, work, education and family life, and result in the rupture of social, economic, cultural and family ties. Cumulatively, these violations undermine the right of Palestinians to self-determination and to an adequate standard of living. 5 6 7 Ibid., paras. 133-134. Fourth Geneva Convention. See the International Covenant on Economic, Social and Cultural Rights, art. 2 (1); and the International Covenant on Civil and Political Rights, arts. 2 (1) and 26. 3