A/HRC/18/49
member was forcibly transferred to another part of the West Bank by Israeli authorities in
December 2010.25
44.
In paragraph 1972 (g) of its report, the Mission recommended that the Government
of Israel should cease actions aimed at limiting the expression of criticism by civil society
and members of the public concerning the policies and conduct of Israel during the military
operations in the Gaza Strip. The Mission also recommended that Israel should set up an
independent inquiry to assess whether the treatment by Israeli judicial authorities of
Palestinian and Jewish Israelis expressing dissent in connection with the offensive was
discriminatory, in terms of both charges and detention pending trial. The results of the
inquiry should be made public and, subject to the findings, appropriate remedial action
should be taken.
45.
Israel has not established an independent inquiry to assess whether the treatment by
Israeli judicial authorities of Palestinian and Jewish Israelis expressing dissent in
connection with the offensive was discriminatory. Non-governmental organizations
continue to report concerns regarding initiatives to curtail freedom of expression in Israel
and the Occupied Palestinian Territory, reportedly as a reaction to their roles during the
Israeli military operations in the Gaza Strip. In November 2010 a bill was introduced
proposing an amendment to the Associations Law26 to close organizations whose activities
“harm the State of Israel as a Jewish state”, namely those that participate in filing lawsuits
abroad against senior Israeli politicians and army officers. The bill is set to be debated in
the Knesset later in 2011.27 On 21 February 2011 the Knesset enacted the NGO Funding
Transparency Law,28 which requires Israeli non-profit organizations to disclose foreign
sources of funding. Two bills amending legislation were also under consideration by the
Knesset at the time of this report: one amending the Income Tax Order29 whereby funding
from foreign states would be taxed at a rate of 45% and the other amending the
Associations Act30 limiting donations from a foreign entity to 20,000 NIS per year. The
official explanation attached to the draft bill amending the Income Tax Order specifically
references the “Goldstone Report”.31
46.
In paragraph 1972 (h) of its report, the Mission recommended that the Government
of Israel should refrain from any action of reprisal against Palestinian and Israeli
individuals and organizations that have cooperated with the United Nations Fact-Finding
25
26
27
28
29
30
31
Security Council Briefs given by the Special Coordinator, 14 December 2010 and 19 January 2011.
See also Jerusalem Center for Social and Economic Rights, “Israel decides to deport from Jerusalem
PLC member Abu Teir”, 8 December 2010. Available from
www.jcser.org/index.php?option=com_content&view=article&id=719%3Aisrael-decides-to-deportfrom-jerusalem-plc-member-abu-teir-&catid=34%3Anews&Itemid=1.
Associations Law, 5740-1980: Statute Book 5740, p. 127; the current title of this amendment is
Association Law (amendment – reservations regarding the registration and activity of an association),
5770-2010. Available in Hebrew from www.knesset.gov.il/privatelaw/data/18/2456.rtf.
See Association for Civil Rights in Israel (ACRI), “Knesset 2010-2011 Winter Session: Legislative
Roundup”, April 2011. Available at: www.acri.org.il/en/?p=2033, accessed on 21 July 2011.
Disclosure Requirements for Recipients of Support from a Foreign State Entity, 5771-2011. Available
in Hebrew from www.nevo.co.il/Law_word/law14/law-2279.pdf.
Available from http://www.acri.org.il/en/wp-content/uploads/2011/07/Kirshenbaum-Income-TaxENG.doc, accessed on 21 July 2011.
The Akunis bill is entitled Associations Law (amendment – prohibition on foreign state entities'
support for political associations in Israel), 5771–2011. Available in Hebrew from
www.knesset.gov.il/privatelaw/data/18/3140.rtf.
The Kirshenbaum bill is entitled Income Tax Order (amendment – taxation of public institutions that
receive donations from a foreign state entity), 5771–2011. Available from
http://www.knesset.gov.il/privatelaw/data/18/2917.rtf.
11
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