A/HRC/18/49
34.
In paragraph 1972 (b) of its report, the Mission recommended that Israel should
cease the restrictions on access to the sea for fishing purposes imposed on the Gaza Strip
and allow such fishing activities within the 20 nautical miles as provided for in the Oslo
Accords. It also recommended that Israel should allow the resumption of agricultural
activity within the Gaza Strip, including within areas in the vicinity of the borders with
Israel.
35.
There has been no change in the policies of Israel in response to this
recommendation since the previous progress report of the Secretary-General
(A/HRC/15/51, para. 33). The status and impact of these policies are addressed in detail in
the most recent report of the United Nations High Commissioner for Human Rights on the
implementation of Human Rights Council resolutions S-9/1 and S-12/1 (A/HRC/16/71).15
36.
In paragraph 1972 (c) of its report, the Mission recommended that Israel should
initiate a review of the rules of engagement, standard operating procedures, open fire
regulations and other guidance for military and security personnel. It recommended that
Israel should avail itself of the expertise of ICRC, OHCHR and other relevant bodies, and
Israeli experts, civil society organizations with the relevant expertise and specialization, in
order to ensure compliance in this respect with international humanitarian law and
international human rights law. It recommended that, in particular, such rules of
engagement should ensure that the principles of proportionality, distinction, precaution and
non-discrimination were effectively integrated in all such guidance and in any oral
briefings provided to officers, soldiers and security forces, so as to avoid the recurrence of
Palestinian civilian deaths, destruction and affronts on human dignity in violation of
international law.
37.
Certain action taken by Israel in implementation of the above recommendation was
outlined in the previous progress report of the Secretary-General (A/HRC/15/51, para. 35).
The Secretary-General is not aware that any further action has been taken to implement the
recommendation.
38.
In paragraph 1972 (d) of its report, the Mission recommended that Israel should
allow freedom of movement for Palestinians within the Occupied Palestinian Territory –
within the West Bank, including East Jerusalem, between the Gaza Strip and the West
Bank, and between the Occupied Palestinian Territory and the outside world – in
accordance with international human rights standards and international commitments
entered into by Israel and the representatives of the Palestinian people. The Mission further
recommended that Israel should forthwith lift travel bans currently placed on Palestinians
by reason of their human rights or political activities.
39.
Freedom of movement within the Occupied Palestinian Territory remains severely
restricted. Although Israel began dismantling a section of the barrier near the West Bank
village of Bil’in in June 2011 in compliance with the decision of the Israeli High Court of
Justice in Beit Sourik Village Council v. the Government of Israel (HCJ 2056/04).16 There
has been no significant improvement in access for Palestinians to areas to the west of the
15
16
See also OCHA-OPT and World Food Programme, Between the Fence and a Hard Place, Special
Focus, August 2010. Available from
www.ochaopt.org/documents/ocha_opt_special_focus_2010_08_19_english.pdf, accessed on 21 July
2011.
OCHA-OPT, “Protection of Civilian Weekly Update”, 8–21 June 2011. Available from
www.ochaopt.org/documents/ocha_opt_protection_of_civilians_weekly_report_2011_06_24_english
.pdf, accessed on 21 July 2011.
9
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