A/HRC/40/42
of violence.99 Israel also has the obligation to exercise due diligence to prevent, investigate,
prosecute, punish and remedy any harm caused to Palestinians. 100 OHCHR has on many
occasions reported on the climate of impunity enjoyed by violent settlers, as well as those
taking over private Palestinian land. 101 In a report issued in October 2018, the Israeli
Ministry of Justice stated that Israeli authorities had made considerable efforts to enhance
law enforcement in the West Bank in recent years. According to the report, between
January and July 2018, the Israeli police opened 35 investigations related to settler violence
against Palestinians, of which 4 led to the indictment of suspects, 4 were closed and the rest
were still ongoing. 102 During the same period, the Office for the Coordination of
Humanitarian Affairs recorded 219 incidents of settler violence. Despite these steps, it
appears that in a number of cases Israel has failed to take necessary action to investigate
cases of settler violence and to prosecute perpetrators. The repeated failure to investigate
cases of settler violence and prosecute perpetrators103 also discourages Palestinian victims
of settler violence from filing complaints. 104
V. Settlements in the occupied Syrian Golan
56.
Syrian residents of the occupied Syrian Golan continued to face challenges due to
discriminatory planning and zoning policies that favour illegal Israeli settlements. These
policies make it nearly impossible for Syrian residents to build, plan or expand their homes
and village infrastructure. The more than 25,000 Syrian residents live in 4 villages, while
the estimated 23,000 Israeli settlers live in 34 Israeli settlements. Israeli settlers and the
Israeli military reportedly control 95 per cent of the land in the occupied Syrian Golan. 105
57.
On 30 October 2018, Israel for the first time held municipal elections for the local
village councils in the occupied Syrian Golan. Syrian residents were given the right to vote,
but not to run for office unless they held Israeli nationality. This indicates that Israel
appears to be increasing pressure on residents to obtain Israeli citizenship. The International
Labour Organization noted that these elections, among other measures, constitute an
emerging threat to Syrian identity in the occupied Syrian Golan. 106 At present, an estimated
10 per cent of the Syrian population in the Golan have taken Israeli nationality. 107 Residents
and local organizations have reportedly raised concerns that Israel was using the elections
to strengthen its claim to, and influence in, the occupied Syrian Golan, and announced their
intention to boycott the elections.108
58.
In the lead-up to the elections, a number of Syrian candidates with Israeli nationality
who had decided to run for office withdrew. On the eve of the election, Druze community
elders reportedly announced a prohibition against standing for election or voting. On the
day of the election, hundreds of Syrian residents of Majdal Shams, the largest Syrian
village in the occupied Syrian Golan, reportedly protested in front of the local polling place.
Israeli police cleared the area, including by using tear gas. 109
99
100
101
102
103
104
105
106
107
108
109
14
Hague Regulations, arts. 43 and 46; and Fourth Geneva Convention, art. 27.
A/HRC/34/38, paras. 13 and 36–37.
A/HRC/31/43, para. 37; and A/HRC/34/39, para. 18.
Israeli Ministry of Justice, “Israel’s investigation and prosecution of ideologically motivated offences
against Palestinians in the West Bank”, October 2018, p. 1.
A/71/355, para. 50; A/HRC/34/38, para. 33; and A/HRC/37/43, para. 23.
A/73/410, para. 18.
International Labour Office, The Situation of Workers of the Occupied Arab Territories, document
ILC.107/DG/APP (2018), para. 147.
Ibid., para. 151.
Ibid., para. 148.
See https://golan-marsad.org/al-marsad-warns-of-the-political-agenda-behind-israels-elections-in-theoccupied-syrian-golan/; and Nour Samaha, “Syrians in Golan Heights to boycott municipal election
by Israel”, Al Jazeera, 21 June 2018.
Stephen Farrell and Suleiman Al-Khalidi, “Druze on Golan Heights protest against Israeli municipal
election”, Reuters, 30 October 2018; and Jack Khoury and Noa Shpigel, “Hundreds of Druze protest
municipal elections in Israel’s Golan Heights”, Haaretz, 30 October 2018.
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