A/HRC/13/54 December 2009 statement, the Special Coordinator for the Middle East Peace Process reiterated the call of the Secretary-General for such actions to cease immediately. B. Freedom of religion 45. During Ramadan Israeli authorities customarily allow Palestinians with West Bank identity papers to enter East Jerusalem to attend Friday prayers at the Al-Aqsa Mosque. However, in 2009 access for holders of West Bank identification was restricted to men over 50 years of age, women over 45, and boys and girls under 12.58 On 16 September 2009 OHCHR-OPT sent a communication to the head of the Civil Administration of the West Bank, requesting that he take measures to “ensure that the many Palestinians wishing to access religious sites in East Jerusalem are able to exercise their right to manifest their religion in an orderly and secure manner”. No response was received. 46. Restrictions on Palestinians accessing Al-Aqsa Mosque raise concerns under article 18 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of thought, conscience and religion, including freedom to manifest one’s religion, be it individually or in community with others, in public or private.59 On 27 September 2009 restrictions of Palestinians accessing Al-Aqsa Mosque led to clashes, which spread from the Old City into other parts of East Jerusalem. By the end of October 2009, 102 Palestinians and 31 Israelis had been injured, mostly due to clashes relating to access to the Al-Aqsa Mosque and anti-wall demonstrations. The situation turned tense on 25 October 2009, when Jewish clerics called on their followers to perform rituals inside the Al-Aqsa compound.60 V. Settlements and related violence 47. Settlement activity in the OPT, including in East Jerusalem, violates international human rights and international humanitarian law. Article 49 of the Fourth Geneva Convention stipulates that “the Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies”.61 As of late November 2009 the number of settlers in the West Bank is approximately 300,000, which includes approximately 200,000 in East Jerusalem.62 Settlement activity equally has an impact on the rights to life, property and basic services. 58 59 60 61 62 GE.10-12152 OCHA, The Humanitarian Monitor, September 2009, p. 7. In paragraph 8 of its general comment No. 22 (1993) on this article, the Human Rights Committee stated that the article “permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. … In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the rights guaranteed under the Covenant, including the right to equality and non-discrimination ... restrictions are not allowed on grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner.” OCHA, The Humanitarian Monitor, October 2009, p. 3. Article 55 of the Hague Regulations (annexed to the 1907 Convention respecting the Laws and Customs of War on Land) states that the “occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates”. According to Peace Now estimates provided to OHCHR-OPT. OCHA estimates that, as of December 13