A/HRC/31/42
(f)
To put an end to arbitrary arrest and detention of Palestinians, especially
children, and to observe the prohibition of the transfer of prisoners from the Occupied
Palestinian Territory to the territory of Israel, in accordance with article 76 of the Fourth
Geneva Convention.
5.
In paragraph 116 of its report, the fact-finding mission called upon all Member
States to comply with their obligations under international law and to assume their
responsibilities in their relations with a State breaching peremptory norms of international
law. The mission specifically urged Member States not to recognize the unlawful situation
resulting from the violations by Israel.
6.
Lastly, in paragraph 117 of its report, the fact-finding mission recommended that
private companies must assess the human rights impact of their activities and take all
necessary steps — including by terminating their business interests in the settlements — to
ensure that they do not have an adverse impact on the human rights of the Palestinian
people, in conformity with international law and the Guiding Principles on Business and
Human Rights. In that regard, the mission called upon all Member States to take
appropriate measures to ensure that business enterprises domiciled in their territory and/or
under their jurisdiction, including those owned or controlled by them, that conduct
activities in or related to the settlements, respect human rights throughout their operations.
The mission recommended that the Working Group on and the issue of human rights and
transnational corporations and other business enterprises be seized of the matter.
III. Status of implementation of the recommendations of the factfinding mission
A.
Israeli settlement activity
7.
As noted in the report of the Secretary-General on Israeli settlements in the
Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan
submitted to the General Assembly at its seventieth session (A/70/351), a pause in
settlement advancement in East Jerusalem, which started in November 2014, ended on 27
April 2015 when tenders were issued for 77 residential units in the settlements of Pisgat
Ze’ev and Neve Ya’akov. Furthermore, settlement activities were under way early in May
2015, building on significant developments in relation to Ramat Shlomo, Har Homa and
Givat Hamatos, reported previously, and significantly affecting the make-up of East
Jerusalem (see A/HRC/28/44, paras. 7-10).
8.
Between the beginning of 2015 and July of that year, tenders for 634 housing units
were issued in the West Bank, including East Jerusalem. In July 2015, the Government of
Israel approved plans to build 300 new homes in a settlement in the West Bank. On 29 July,
the Secretary-General condemned the approval by the Prime Minister of Israel of the
construction of 300 housing units in the Beit El settlement, near the Palestinian city of
Ramallah, in the West Bank. The Secretary-General also condemned the planning and
construction of nearly 500 housing units in a number of settlements in East Jerusalem. He
reiterated that settlements are illegal under international law, an impediment to peace and
cannot be reconciled with the stated intention of the Government of Israel to pursue a two-
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