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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