A/HRC/43/71
(c)
A business enterprise granting a relevant franchise or licence to a franchisee
or licensee engaged in a listed activity in the Occupied Palestinian Territory.
13.
In temporal terms, OHCHR required the involvement to have taken place during the
period from 1 January 2018 to 1 August 2019.
Listed activities
14.
As already noted in paragraph 6 above, the Human Rights Council defined the
specific activities to be reflected in the database by reference to those set out by the factfinding mission (A/HRC/22/63, para. 96).
15.
Due to the specific formulation of certain listed activities, the additional
considerations set out below were taken into account.
Activities listed in paragraph 6 (a), (b), (c) and (d) above: activities of “supply”
16.
The activities listed in the report of the fact-finding mission and reproduced in para.
6 (a), (b) and (d) above involve the supply of equipment, services or materials for certain
purposes, uses or effects. The notion of “supply” was considered to encompass, as relevant,
processes of manufacture, provision and/or distribution of equipment, services and/or
materials that have been employed for those purposes, uses or effects.
17.
In relation to paragraph 6 (c), the listed activity is formulated more restrictively to
indicate that the relevant equipment must be specifically supplied for the particular purpose
of demolishing or destroying the forms of property set out in that subparagraph.
Activity listed in paragraph 6 (g) above
18.
The activity listed in paragraph 6 (g) above refers to the use of natural resources, in
particular water and land, for business purposes. As such, it includes business enterprises
that are physically located in the Occupied Palestinian Territory and those that benefit
commercially from the use of natural resources located in the Occupied Palestinian
Territory, irrespective of their physical presence there.
IV. Methods of work
19.
In fulfilling the mandate contained in Human Rights Council resolution 31/36,
OHCHR applied the comprehensive methodology already outlined in the previous report on
the matter (A/HRC/37/39, paras. 7–25). The work done by OHCHR to produce the
database, in full compliance with the above-mentioned resolution, is not and does not
purport to constitute a judicial or quasi-judicial process of any kind or to provide any legal
characterization of the listed activities or business enterprises’ involvement in them. Rather,
it provides the Council with the requested factual determinations as to those business
enterprises that were involved in the listed activities (A/HRC/37/39, para. 8).
20.
The direct contact held between OHCHR and all screened business enterprises, in
consultation with the Working Group on the issue of human rights and transnational
corporations and other business enterprises, sought to ensure procedural fairness and
consistency in the conclusions reached.
21.
Since the previous report, a further analysis was carried out of the 206 business
enterprises assessed, which in turn resulted in 188 business enterprises being identified for
additional consideration. The enterprises that were not included for additional consideration
were set aside, in particular, because there was insufficient factual basis in the submissions
or in the public domain to support the contentions of their involvement in the listed
activities. The 188 business enterprises were contacted between September 2017 and
October 2018.
22.
By letter, OHCHR informed each of the above-mentioned 188 business enterprises
of the listed activities that they appeared to be involved in, based on the totality of
information reviewed by it, and set out the basic facts of the enterprises’ alleged
involvement in the listed activity or activities. The business enterprises were requested to
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