A/HRC/34/70
Report of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967
I. Introduction
1.
The present report is the first submitted by the current Special Rapporteur to the
Human Rights Council pursuant to Commission on Human Rights resolution 1993/2 A and
Human Rights Council resolution 5/1, having assumed his mandate on 1 May 2016. 1 He is
the seventh Special Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967.
2.
The Special Rapporteur would like to draw attention once again to the fact that he
has not been granted access to the Occupied Palestinian Territory, nor have his requests to
meet with the Permanent Representative of Israel to the United Nations been accepted. The
Special Rapporteur notes that an open dialogue among all parties is essential for the
protection and promotion of human rights. In addition, he emphasizes that access to the
territory is an important component that helps in the development of a comprehensive
understanding of the situation. While he notes that reliance on the exemplary work of a
number of experienced and extremely competent civil society groups provides an excellent
basis for his work, he laments being unable to meet many of those carrying out this work,
due to his exclusion from the territory and the difficulties those individuals often face when
seeking to obtain exit permits from the Israeli authorities, particularly from Gaza.
3.
The present report is based primarily on written submissions and consultations with
civil society representatives, victims, witnesses and United Nations representatives. The
Special Rapporteur undertook his first mission to the region, to Amman, from 10 to 15 July
2016. In addition, throughout December 2016 he held consultations with civil society by
videoconference and received a number of written submissions, in particular related to the
work of human rights defenders.
4.
In the present report, the Special Rapporteur focuses on the human rights and
humanitarian law violations committed by Israel.2 As the occupying Power, Israel has the
legal obligation to ensure respect for and protection of the rights of Palestinians within its
control.3 The mandate of the Special Rapporteur thus focuses on the responsibilities of the
occupying Power, although he notes that human rights violations by any State party or nonState actors are deplorable and will only hinder the prospects for peace.
5.
The Special Rapporteur wishes to express his appreciation for the full cooperation
with his mandate extended by the Government of the State of Palestine. The Special
Rapporteur also wishes to extend his thanks once again to all those who travelled to
Amman in July 2016 to meet with him and to those who were unable to travel but made
written or oral submissions. The Special Rapporteur acknowledges the essential work being
done and efforts undertaken by such groups to create an environment in which human
rights are respected and violations of human rights and international humanitarian law are
not committed with impunity and without witnesses. The Special Rapporteur will support
that work as much as possible.
6.
The present report is set out in two parts. First, it provides an overview of the current
human rights situation in the Occupied Palestinian Territory. This discussion, while not
exhaustive, aims to highlight those human rights concerns the Special Rapporteur has
identified as particularly pressing.
7.
In the second part of the report, the Special Rapporteur examines the work of human
rights defenders in the Occupied Palestinian Territory, both the growing challenges they
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2
In October 2016, he also submitted a report to the General Assembly (A/71/554).
As specified in the mandate of the Special Rapporteur set out in resolution 1993/2.
See Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva
Convention), art. 47.
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