A/HRC/31/73
Palestinian houses and guaranteeing the property rights of the Palestinian population; and
dismantle the separation wall and halt the expansion of illegal settlements (see
A/HRC/25/15, paras. 136.173, 136.229 and 136.151, and A/HRC/25/15/Add.1, para. 53).33
33.
The Special Rapporteur notes the partial support to the following recommendation
on discrimination and access to natural resources: effectively protect the Palestinian
population in the occupied West Bank, including East Jerusalem, against any form of
discrimination which impairs the equitable access to basic services or natural resources,
including water and land, or else the equal enjoyment of fundamental rights and freedoms,
particularly the right to equal protection before the law (see A/HRC/25/15, para. 136.205).34
However, as previously reported, Palestinians continue to face entrenched discrimination in
access to land and water under the policies and practices of the Israeli occupation (see
A/70/392, section III.A).
34.
In view of continuing settlement activities, and the absence of a commitment by
Israel to change its policy, the Special Rapporteur notes recent steps by some Member
States regarding labelling of settlement produce. On 11 November 2015, in a move
condemned by Israel,35 the European Commission adopted an interpretative notice on the
indication of origin of goods from the territories occupied by Israel since June 1967, in
order to ensure that European Union legislation applies to Israel within its internationally
recognized, i.e. pre-1967 borders.36 Information published by the European Union External
Action Service clarifies that that marking products, such as fruit and vegetables, from
Israeli settlements “made in Israel” would mislead consumers and therefore be inconsistent
with existing European Union legislation.
B.
Blockade
35.
In Gaza, the landscape and the people are scarred by multiple rounds of hostilities
with Israel and kept in a state of de-development by the long-standing blockade, which
constitutes collective punishment contrary to international humanitarian law (see A/70/392,
sect. II.B). It has the effect of isolating Gaza, including from the rest of the Occupied
Palestinian Territory, and affects a range of human rights, especially the right to freedom of
movement and the right to an adequate standard of living. There is a dire lack of potable
water and a severely limited electricity supply. 37 The United Nations Conference on Trade
and Development has reported: “The over-abstraction and scarcity of drinking water have
been exacerbated by crumbling sanitation infrastructure, while the blockade creates chronic
shortages of electricity and fuel, which in turn aggravate contamination and the water
crisis” (see TD/B/62/3, para. 46).
36.
Many of the families hit hardest in terms of damage and destruction of their homes
during the 2014 Israeli military operation, some 95,000 people, were still displaced as of
33
34
35
36
37
See the annex provided by Israel (footnote 31 above).
Ibid.
Israel, Ministry of Foreign Affairs “PM Netanyahu’s response to EU decision regarding product
labelling”, 11 November 2015.
European Union External Action, Fact Sheet, Interpretive Notice, 11 November 2015. Available at
http://eeas.europa.eu/delegations/israel/documents/news/20151111_indication_of_origin_fact_sheet_f
inal_en.pdf.
In the context of the blockade as a primary obstacle to the right to an adequate standard of living in
Gaza, the Special Rapporteur recognizes that the Palestinian political situation also impacts on the
ability of civil servants to provide basic services. See e.g. Office for the Coordination of
Humanitarian Affairs, “Humanitarian Bulletin - November 2015”.
11
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