A/HRC/6/17
page 13
movement associated with the barrier, including checkpoints and their limited daily operation
hours, can effectively result in Palestinian children dropping out of school or enjoying only
limited access to education.23
40. The barrier and its practical operation have caused diverse negative effects on the
economic situation of the Palestinian population. Thousands of people no longer have direct
access to their area of cultivation, such as olive trees, or are allowed to take machinery with
them, such as tractors, or temporary workers to assist them. Under these circumstances, their
earnings are so low and their very livelihood is at risk (A/HCR/6/17/Add.4, para. 39).
41. In sum, the construction of the barrier has broad and complex effects on the enjoyment of
economic, social and cultural rights of the Palestinians living in the Occupied Palestinian
Territory. The Special Rapporteur acknowledged in his mission report that many of the human
rights affected by the barrier and associated security measures are under human rights law
subject to permissible limitations. However, as arbitrariness or unprofessional conduct are
frequent in the implementation of the security measures, and as the route of the barrier continues
to breach international law as affirmed by the International Court of Justice (see paragraph 25
above), the Special Rapporteur has concluded that the barrier and its associated regime continues
also to cause effects that violate the international obligations of Israel under human rights law.
With regard to the Special Rapporteur’s own mandate, it is even more relevant that the barrier
and its associated measures are widely experienced by the Palestinians as unlawful, destructive
to normal human life, and humiliating. As a consequence, the barrier has a counterproductive
effect by contributing to conditions that are conducive to the recruitment to and spread of
terrorism (A/HCR/6/17/Add.4, para. 43).
B. Impact of measures against the financing of terrorism
42. In May 2007, the Special Rapporteur conducted a visit to the United States of America
(A/HRC/6/17/Add.3). With regard to information received during the mission, he wishes to
engage in the current thematic report in a somewhat broader discussion on the impact of
counter-terrorism measures on charity work. Since September 2001, several United States
charities have been shut down because of laws against the financing of terrorism. The negative
impact has been felt mostly by Muslim charities, which are led by Muslims and/or are working
for Muslim communities in the United States and abroad. Since 2001, over 40 charity groups
have been investigated and their assets frozen, often without any evidence being available and
without being prosecuted. Many Muslims were afraid to give their money to charity groups in
case they were suspected of providing material support to terrorism. Some Muslim organizations
have therefore requested from the authorities a “safe” list of charities to which it would be
acceptable to donate. The United States authorities, however, have not drawn up such a list,
apparently out of fear that any list of “safe” charities could potentially be abused for the
23
Defence for Children International, Palestinian Section, “Sustained occupation: an analysis of
human rights violations against Palestinian children in 2005” (Ramallah, 2005), pp. 55-62;
Amnesty International report entitled “Enduring occupation: Palestinians under siege in the
West Bank”, 2007, available from www.amnesty.org/resources/Israel_Report0706/.
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