A/HRC/34/70
necessary expertise to repair, maintain and upgrade the plant, as well as the exit of
Palestinians from Gaza, who might seek to obtain the training they need. 43
29.
While the Israeli authorities claim that Hamas was to blame for the crisis, that
ignores the fact that the crumbling infrastructure is in large part a result of the 10-year-long
blockade of Gaza. While the political divide between Gaza and the West Bank plays a role
in the difficulties faced by the residents of Gaza, 44 the biggest challenge comes from the
illegal blockade and the fact that people and goods cannot move freely into and out of the
territory.
III. Human rights defenders
30.
Human rights defenders in Palestine and Israel who investigate the grave human
rights situation in the Occupied Palestinian Territory are facing a steadily shrinking space
for their indispensable work. In recent years, human rights organizations and individuals
have engaged in highly effective local, regional and international advocacy and litigation,
and have acted as witnesses and ambassadors of conscience in reminding the world that the
occupation is becoming ever more immutable. As a result of their effectiveness, human
rights defenders have been subjected to a range of physical attacks, incarceration and
threats to their lives and safety. They have experienced sophisticated interference and toxic
denunciations aimed at silencing their voices and discouraging their supporters, and
engendering an increasingly hostile public atmosphere in Israel and in particular among the
settlement movement, stoked by the political leadership and the media of the occupying
Power and obstructive legislation enacted or being considered by the Knesset.
31.
Human rights defenders have faced repeated violations of their fundamental
freedoms of assembly, expression, movement and association. That disquieting trend has
accompanied the deepening entrenchment of the occupation, as the political forces in
favour of permanent rule by Israel over some or all of the Occupied Palestinian Territory
have targeted Palestinian and Israeli human rights defenders as among the primary
obstacles to the achievement of that goal. 45
A.
Protection of human rights defenders in international law
32.
Through the instruments of international law and formal declarations, the
international community has created a legal framework to protect the vital work of human
rights defenders in advancing the cause of human rights globally and locally. Those legal
protections are essential for a number of reasons. First, the work of human rights defenders
is often the best, and sometimes the only, protection available to vulnerable and
marginalized peoples. Second, the activities of human rights defenders are critical to
ensuring that Governments and private actors can be held accountable for their behaviour,
both to the citizenry and to the conscience of the world. Third, the actions of human rights
defenders often place them in situations of danger and vulnerability with respect to their
own rights and safety. And fourth, the condition of human rights in any country or conflict
situation can often be effectively measured by the respect accorded in practice to human
rights defenders.
33.
While the commitment of public authorities to enacting effective human rights
legislation, to creating an independent and impartial judiciary, to maintaining the rule of
law, to ensuring that its military and police uphold human rights norms and to encouraging
a positive public climate for human rights is vital to the promotion of those fundamental
rights, the civil society work of human rights defenders is equally indispensable. They are
the canaries in the social mineshaft, offering early warning alerts about rights that are in
43
44
45
8
Ibid.
See www.ochaopt.org/content/impact-internal-divide-municipal-services-gaza-strip and Gisha, “Hand
on the switch”.
For a comprehensive review of the situation of human rights defenders in the Occupied Palestinian
Territory and Israel from 2006, see E/CN.4/2006/95/Add.3.
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