A/HRC/43/71
(g)
purposes;
(h)
The use of natural resources, in particular water and land, for business
Pollution, and the dumping of waste in or its transfer to Palestinian villages;
(i)
Captivity of the Palestinian financial and economic markets, as well as
practices that disadvantage Palestinian enterprises, including through restrictions on
movement, administrative and legal constraints;
(j)
The use of benefits and reinvestments of enterprises owned totally or
partially by settlers for developing, expanding and maintaining the settlements.
7.
The parameters of the database encompass business enterprises, whether domiciled
in Israel, the Occupied Palestinian Territory or abroad, carrying out listed activities in
relation to the Occupied Palestinian Territory (A/HRC/37/39, para. 5).
8.
The database produced in response to the request made by the Human Rights
Council in its resolution 31/36 includes only business enterprises involved in the 10
activities listed above. It does not cover all business activities related to settlements, nor
does it extend to other business activities in the Occupied Palestinian Territory that may
raise human rights concerns. In addition, while there may be other types of enterprises
involved in significant business activities related to settlements, only business enterprises
are considered; non-business enterprises are excluded from consideration.
III. Definitions
9.
The mandate set out in Human Rights Council resolution 31/36 requires the
identification of three cumulative elements: (a) “business enterprises”; (b) “involved”; and
(c) in one or more listed activities. For the purpose of the present report, each of those
elements is understood as set out below.
Business enterprises
10.
As OHCHR has already noted (A/HRC/37/39, para. 18):
When contacting companies, OHCHR included in the communications, wherever
possible, all relevant entities with respect to that particular situation of concern,
including parent companies and their subsidiaries, franchisors and franchisees, local
distributors of international companies, partners and other entities in relevant
business relationships. In some of these cases, further research by OHCHR revealed
relevant business entities, such as parent companies or subsidiaries, that were not
initially named in the submissions received in notes verbales from Member States or
through the open call for submissions from interested stakeholders.
11.
In assessing whether an entity was a “business enterprise”, for the purposes of the
present report OHCHR considered the nature and substance of the entity’s functions and
activities, irrespective of its specific corporate form or structure or of its characterization in
the national law of the State of domicile.
Involved
12.
In assessing whether an entity was “involved”, for the purposes of the present report
OHCHR considered whether there were substantial and material business activities that had
a clear and direct link to one or more of the listed activities, encompassing the following
business forms:
(a)
A business enterprise itself engaged in a listed activity in the Occupied
Palestinian Territory;
(b)
A parent company owning a majority share of a subsidiary engaged in a
listed activity in the Occupied Palestinian Territory (a business enterprise owning a
minority share in a subsidiary was not considered to be “involved” for the purposes of the
present report);
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents