A/HRC/43/67
I. Introduction
1.
In its resolution 40/24, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to report on the implementation of resolution 40/24 at its
forty-third session, with particular emphasis on the policies and practices linked to the
settlement enterprise that discriminate against the Palestinian population in the Occupied
Palestinian Territory, including East Jerusalem. The report, which covers the period from 1
November 2018 to 31 October 2019, and also addresses issues relating to Israeli settlements
in the occupied Syrian Golan, is submitted to the Council pursuant to that request.
2.
The report is based on monitoring and other information-gathering activities
conducted by the Office of the United Nations High Commissioner for Human Rights
(OHCHR) and on information provided by other United Nations entities in the Occupied
Palestinian Territory, Israeli and Palestinian non-governmental organizations and civil
society in the occupied Syrian Golan. It should be read in conjunction with recent relevant
reports submitted by the Secretary-General and the High Commissioner to the General
Assembly and to the Human Rights Council (A/74/357, A/HRC/40/39, A/HRC/40/42 and
A/HRC/40/43). The quarterly updates and reports of the Secretary-General presented to the
Security Council on the implementation of Security Council resolution 2334 (2016) also
provide relevant information.1
3.
During the period under review, the Israeli settlement expansion accelerated in the
West Bank, including East Jerusalem. Settlement housing advancement in Area C of the West
Bank doubled, while in East Jerusalem the numbers remained approximately the same
compared to the previous reporting period (1 November 2017 to 31 October 2018). The
construction of outposts, 2 the demolition of Palestinian property and the resulting
displacement continued at a rapid rate, as did settler violence and the lack of accountability
for them.
II. Legal framework
4.
International human rights law and international humanitarian law are concurrently
applicable in the Occupied Palestinian Territory, namely Gaza and the West Bank, including
East Jerusalem. In particular, Israel is bound by the obligations of an occupying Power as set
out by international humanitarian law. A detailed analysis of the legal framework in relation
to the Occupied Palestinian Territory and the occupied Syrian Golan is contained in reports
of the Secretary-General (A/HRC/34/38 and 39).
5.
References to discriminatory Israeli policies and practices further to Human Rights
Council resolution 40/24 do not affect the legally separate issues of the status of occupied
territory or its population, the applicability and scope of international humanitarian law, nor
the rights of and protections afforded to protected persons and the obligations of the
occupying Power as defined in the Geneva Convention relative to the Protection of Civilian
Persons in Time of War (Fourth Geneva Convention).
III. Activities related to settlements
6.
During the period under review, advancements of plans for settlements more
than doubled, while tenders for settlement construction and the actual
commencement of construction both decreased. The rapid pace of establishment of
outposts witnessed during the previous period under review continued. Conditions
and acts contributing to a coercive environment, such as demolitions and forced
evictions, increased, and acts of settler violence reached the highest level seen since
2013. On 28 January 2019, the Government of Israel announced its decision not to
1
2
2
Available from https://unsco.unmissions.org/security-council-briefings-0.
Outposts are unauthorized settlements that are illegal even under Israeli law. Both outposts and
settlements are illegal under international law.
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