A/HRC/31/73
repeatedly signaled that his only interest, as an independent expert, lies in the effective and
even-handed implementation of the mandate.
11.
The Government of Palestine has extended full cooperation with the mandate holder.
The Special Rapporteur has met with several Palestinian officials, including during his two
missions to the region, graciously facilitated by the Governments of Jordan and Egypt, in
lieu of in situ missions, in September 2014 and June 2015.
12.
In a letter dated 13 October 2015, the Special Rapporteur formally renewed his
request to the Government of Israel to grant him access to the Occupied Palestinian
Territory by the end of 2015. This followed similar letters dated 12 August 2014, 13
February 2015 and 13 May 2015. No formal response has been received from Israel to
these requests.
13.
The Government of Israel has repeatedly sought to justify its non-cooperation by
referring to its reservations regarding the mandate. Consequently, despite assurances of
access made upon his appointment, and the duty of Israel, as a Member State, to extend
cooperation to a special procedure mandate holder, the Special Rapporteur has effectively
been denied access to the Occupied Palestinian Territory.
14.
The Special Rapporteur has consistently sought to be an effective voice for the
victims of violations committed under the occupation, but regrets that the policy of Israel
has hampered him in fulfilling this role to the full. As noted in his report to the General
Assembly presented in October 2015 (A/70/392), without access, the Special Rapporteur
has had to reconsider how he can best serve the mandate (ibid., para. 7). Critically, for the
current incumbent, having access to the Occupied Palestinian Territory and meaningful
dialogue with both sides was the premise upon which he accepted the mandate.
15.
All previous holders of this mandate since its establishment in 1993, but for the
Special Rapporteur’s immediate predecessor, have been permitted by Israel to access Israel
and the Occupied Palestinian Territory (see A/69/301 and Corr.1, sect. III).2 It has always
been the intent of the current Special Rapporteur to fulfil this mandate by gathering
information during missions to the Occupied Palestinian Territory and through face-to-face
meetings with victims and witnesses, civil society representatives, United Nations
representatives and Palestinian and Israeli government officials.
16.
The Special Rapporteur expresses his appreciation for the broad support for his
access to the Occupied Palestinian Territory by Member States. 3 He considers it of the
utmost importance that the international community, in particular the Human Rights
Council, redouble political pressure to insist that Israel return to the level of cooperation
extended when the mandate was first established and, at the very least, ceases to obstruct
the mandate holder’s access to the Occupied Palestinian Territory.
2
3
Access does not imply formal cooperation with the mandate.
See, e.g., statements made during the interactive dialogue following the presentation by the Special
Rapporteur of his report to the Third Committee, 34th meeting, seventieth session of the General
Assembly, 29 October 2015. Available from http://webtv.un.org/meetings-events/watch/thirdcommittee-34th-meeting-–-70th-general-assembly/4587399067001#full-text.
5
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