A/HRC/25/40 Palestinians approached the fence in northern Gaza reportedly with the intention of crossing into Israel; one was killed and the other was arrested by the IDF. An ambulance retrieved the body 400 metres from the fence. According to the medical report, numerous bullet entry holes were found in the victim’s back and the left side of his upper body. In another case documented by OHCHR, on 18 August, a day labourer — reportedly harvesting okra in eastern Gaza city about 400 metres from the fence — was shot in the leg without any prior warning. There is no indication that these persons constituted an imminent threat to the IDF at the time of the shootings.35 Based on information available to OHCHR, the use of force was excessive and unnecessary. 33. In November 2012, as part of the agreement, Israel extended the imposed fishing limit from 3 to 6 nautical miles.36 While Palestinian fishermen have since increased their catch, they are still denied access to the most productive fishing areas, which start at approximately 8 nautical miles from the shore.37 34. Fishermen continued to be subjected to arbitrary detention, shot at with live ammunition, and have had their fishing boats and equipment damaged and/or confiscated. During the reporting period, 36 fishermen were detained and 10 injured;38 11 fishing boats were confiscated and 16 were damaged; the engines of nine boats, fishing equipment of numerous boats and approximately 500 fishing nets were damaged by the Israeli Navy.39 35. The means used by the Israeli Navy to enforce the access restricted areas continue to put fishermen at risk. Incidents of (warning) shots fired towards fishermen — including those within the imposed limits — continue to be reported on an almost daily basis.40 On 19 May 2013, two fishermen were about 1 nautical mile from the shore in northern Gaza and were reportedly bringing in their catch of fish when two Israeli Navy patrol boats started to shoot into the water around them. Fearing arrest, the fishermen headed towards the shore. Both were arrested, taken to Ashdod in Israel, interrogated and released the next day; their boat and fishing equipment were confiscated. 36. The confiscation and damage of fishing nets, for which there is no discernible security justification, has a particularly negative impact on the fishermen, as nets are very expensive and few can afford to replace them. 37. Restricting Palestinian access to an essential part of their agricultural lands and imposing fishing limits on Palestinian fishermen undermine the livelihood of tens of thousands of Gazans, and violate their human rights, including their rights to work, to freely dispose of their natural wealth and resources, to an adequate standard of living and to food.41 Rocket and mortar shell fire from Gaza and Israeli airstrikes 38. Both Israeli and Palestinian armed groups in Gaza have breached the November 2012 ceasefire understanding on a number of occasions, although no major escalation in hostilities has taken place. The United Nations Department for Safety and Security reported 65 rockets and 15 mortar shells fired from Gaza towards Israel, with an additional 19 35 36 37 38 39 40 41 Source: OHCHR-oPt. Following rocket fire from Gaza, the fishing zone was reduced to 3 nautical miles between 21 March and 21 May 2013. Source: FAO and Palestinian Fishermen’s Syndicate in Gaza. Source: OPT Protection Cluster; information gathered suggests that all but one were released. Source: Union of Agricultural Work Committees. Ibid. ICESCR, arts. 1, para. 2, 6 and 11. 9

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