A/HRC/34/70
society organizations that raise uncomfortable truths about the disfigured state of
human rights under occupation.
63.
A Government that honours human rights and democratic values, and takes
seriously its obligations under the Declaration on Human Rights Defenders would
protect and encourage the work of human rights defenders, not ostracize and isolate
them. It would publicly denounce any incitement against human rights defenders and
would certainly not engage in inflaming the public against them. It would recognize
the fundamental status in law of the freedoms of association, assembly, expression and
opinion, and of movement, and would do all that it could to enable human rights
defenders to enjoy them. Such a Government would respect the critical scrutiny of
their work, even if their reports and allegations excoriated the conduct of that
Government. It would treat all NGOs equitably. It would enact legislation to enlarge
the freedoms of human rights defenders and it would never impose discriminatory
statutes or programmes that impaired their work. If it was to criticize human rights
defenders, its comments would be measured and constructive. If and when threats or
acts of violence were directed towards human rights defenders, its military and police
services would act promptly to impartially investigate and prosecute. It would strive
to build collaborative relationships with human rights defenders and take advantage
of their experience and expertise to deepen the respect of the public for human rights
and their defenders. And such a Government — even one conducting a long-term
occupation — would accept that human rights can be infringed only as a last measure
and then only in a minimally impairing manner that is subject to meaningful judicial
review.
64.
In all these respects, the Government of Israel has been significantly deficient
in honouring its obligations under the Declaration on Human Rights Defenders. On
the evidence gathered for the present report, its treatment of human rights defenders,
be they Palestinian, Israeli or international, who work on the vital issues arising from
the occupation has been contrary to the basic guarantees of international human
rights law. Nor is the situation improving. As the occupation becomes further
entrenched82 and as human rights defenders persist with their intrepid activism to
investigate and oppose the regime of human rights violations that is integral to the
occupation, all indications are that they will continue to be among the prime targets of
those who are intolerant of their criticisms, yet alarmed by their effectiveness.
IV. Recommendations
65.
The Special Rapporteur recommends that the Government of Israel comply
with international law and bring a complete end to its 50 years of occupation of the
Palestinian territories occupied since 1967. The Special Rapporteur further
recommends that the Government of Israel take the following immediate measures:
(a)
Repeal its recent legislation confiscating private Palestinian lands;
(b)
Comply fully with Security Council resolution 2334 (2016) concerning
the settlements;
(c)
End the practice of demolition of Palestinian homes and enable the
creation of a fair and transparent building permit system that would comply with the
right to housing;
(d)
Ensure the equitable funding of Palestinian education in East Jerusalem;
(e)
End the blockade of Gaza, lift all restrictions on imports and exports,
and facilitate the rebuilding of its housing and infrastructure, with due consideration
given to justifiable security considerations;
82
18
See Ian Fisher, “Israel passes provocative law to retroactively legalize settlements”, New York Times,
6 February 2017, and Isabel Kershner, “Emboldened by Trump, Israel approves a wave of West Bank
settlement expansion”, New York Times, 24 January 2017.
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