A/HRC/22/63
dangerous materials. It was noted that, between 2006 and 2010, only four audits were
conducted in the 20 industrial zones/settlements operating in the West Bank.
95.
The employment conditions of Palestinian workers in settlements are subject to a
system characterized by legal uncertainties. Palestinians are contracted under the far less
favourable pre-1967 Jordanian labour laws, while Israeli citizens in the West Bank are
employed under Israeli labour laws. Although the High Court of Israel ruled in 2007 that
Israeli labour laws also applied to Palestinian workers, the ruling – which left open the
possibility for the parties to agree otherwise – is often not enforced. Numerous interlocutors
told the mission that this ―cheap labour‖ from the numerous Palestinian villages within
convenient commuting distance represented an additional incentive for enterprises to move
to the settlements.
C.
Impact of businesses
96.
Information gathered by the mission showed that business enterprises have, directly
and indirectly, enabled, facilitated and profited from the construction and growth of the
settlements. In addition to the previously mentioned violations of Palestinian worker rights,
the mission identified a number of business activities and related issues that raise particular
human rights violations concerns. They include:
• The supply of equipment and materials facilitating the construction and the
expansion of settlements and the wall, and associated infrastructures
• The supply of surveillance and identification equipment for settlements, the wall and
checkpoints directly linked with settlements
• The supply of equipment for the demolition of housing and property, the destruction
of agricultural farms, greenhouses, olives groves and crops
• The supply of security services, equipment and materials to enterprises operating in
settlements
• The provision of services and utilities supporting the maintenance and existence of
settlements, including transport
• Banking and financial operations helping to develop, expand or maintain settlements
and their activities, including loans for housing and the development of businesses
• The use of natural resources, in particular water and land, for business purposes
• Pollution, and the dumping of waste in or its transfer to Palestinian villages
• 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
• Use of benefits and reinvestments of enterprises owned totally or partially by settlers
for developing, expanding and maintaining the settlements
97.
It is with the full knowledge of the current situation and the related liability risks that
business enterprises unfold their activities in the settlements and contribute to their
maintenance, development and consolidation. Industrial parks in settlements, such as
Barkan and Mishor Edomim, offer numerous incentives, including tax breaks, low rents and
low labour costs. Economic activities in these zones are growing. A number of banks
provide mortgage loans for home buyers and special loans for building projects in
settlements. They also provide financial services to businesses in settlements and, in some
cases, are physically present there.
20
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