A/HRC/7/17
page 16
West Bank reported having witnessed or taken part in an act of abuse against a Palestinian
civilian. Checkpoints serve to humiliate Palestinians and to create feelings of deep hostility
towards Israel. In this respect they resemble the “pass laws” of apartheid South Africa, which
required black South Africans to demonstrate permission to travel or reside anywhere in
South Africa.16 These laws generated widespread humiliation and anger, and were the cause of
regular protest action. Israel would do well to consider the South African experience.
Restrictions on freedom of movement of the kind applied by Israel do more to create insecurity
than to achieve security.
D. The wall
36. The wall that Israel is at present building, largely in Palestinian territory, is clearly illegal.
The International Court of Justice in its Advisory Opinion on the construction of the wall found
that it is contrary to international law and that Israel is under an obligation to discontinue
construction of the wall and to dismantle forthwith those sections that have already been built.
Israel has abandoned its claim that the wall is a security measure only and now concedes that one
of the purposes of the wall is to include settlements within Israel. The fact that 83 per cent of the
West Bank settler population and 69 settlements are enclosed within the wall bears this out.
37. The wall is planned to extend for 721 kilometres. At present 59 per cent of the wall has
been completed and 200 kilometres have been constructed since the International Court of
Justice handed down its Advisory Opinion declaring the wall to be illegal. When the wall is
finished, an estimated 60,000 West Bank Palestinians living in 42 villages and towns will reside
in the closed zone between the wall and the Green Line. This area will constitute 10.2 per cent of
Palestinian land in the West Bank. There are, however, suggestions that the route of the wall will
be revised to include additional Palestinian lands in the south-eastern West Bank near to the
Dead Sea. If this plan is implemented some 13 per cent of Palestinian land will be seized by the
wall. The closed zone includes many of the West Bank’s valuable water resources and its richest
agricultural lands.
38. The wall has serious humanitarian consequences for Palestinians living within the closed
zone. They are cut off from places of employment, schools, universities and specialized medical
care, and community life is seriously fragmented. Moreover, they do not have 24-hour access to
emergency health services. Over 100 persons residing in the closed zone have not received
permits to leave the area. Palestinians who live on the eastern side of the wall but whose land lies
in the closed zone face serious economic hardship, as they are not able to reach their land to
harvest crops or to graze their animals without permits. Permits are not easily granted and the
bureaucratic procedures for obtaining them are humiliating and obstructive. The Office for the
Coordination of Humanitarian Affairs (OCHA) has estimated that only about 18 per cent of
those who used to work land in the closed zone before the construction of the wall receive
permits to visit the closed zone today. The opening and closing of the gates leading to the
closed zone are regulated in a highly restrictive manner: in 2007 OCHA carried out a survey
16
On these laws, see J. Dugard, Human Rights and the South African Legal Order (Princeton,
Princeton University Press, 1978).
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