A/HRC/25/67 70. Article 2(d) refers to measures designed to divide the population along racial lines including by the creation of separate reserves and ghettos for the members of a racial group or groups, and the expropriation of landed property. The expropriation of Palestinian land is an obvious part of the expansion of settlements and of the construction of the wall. The fragmentation of Palestinian land and creation of separate reserves and enclaves, including the plans threatening to cut off East Jerusalem from the rest of the West bank, is well documented (A/HRC/22/63). The final conclusions of the Russell Tribunal on Palestine state: “Israel has through its laws and practices divided the Israeli Jewish and Palestinian populations and allocated them different physical spaces, with varying levels and quality of infrastructure, services and access to resources. The end result is wholesale territorial fragmentation and a series of separate reserves and enclaves, with the two groups largely segregated. The Tribunal heard evidence to the effect that such a policy is formally described in Israel as hafrada, Hebrew for ‘separation’ ”.82 The Special Rapporteur has previously drawn attention to the dual system of roads in the West Bank, as a clear example of segregation, where Palestinians are largely relegated to alternative roads and forced to take long detours (A/HRC/16/72, paras. 20–22). 71. It seems incontestable that Israeli measures do divide the population of the Occupied Palestinian Territory along racial lines, create separate reserves for Palestinians and expropriate their land. 72. Article 2(e) refers to exploitation of labour. There exist historical reports83 as well as current campaigns and reports84 which address poor working conditions of Palestinian citizens working in Israel or in settlements. However, it is noted that there has been a sharp drop in Israeli use of Palestinian workers since the 1990s, especially as it is now impossible for Gazans to work in Israel and since in the West Bank the construction of the wall has further diminished the number of Palestinians working in Israel or for Israeli employers.85 73. Article 2(f) concerns persecution of those who oppose apartheid. This provision potentially relates to a wide range of human rights violations against Palestinians in the Occupied Palestinian Territory, who as a people desire self-determination and oppose the segregation, restrictions and discriminatory regime imposed by Israel on them. In this sense, the punitive response often meted out to those who demonstrate against the wall and its associated regime, or more generally oppose Israeli violations of human rights, arguably fall under this provision. 74. An individual case in point concerns the Palestinian human rights defender Issa Amro, who is a founder of the NGOs Youth Against Settlements and Hebron Defenders. In 2012, Mr. Amro was arrested and detained 20 times without charge.86 At the time of writing, he had been detained multiple times in 2013 and had been hospitalized, allegedly following a beating by ISF while in detention. In August 2013, a number of special rapporteurs, including this Special Rapporteur, expressed deep concern at the alleged ongoing judicial harassment, intimidation and abusive treatment of him. According to the Special Rapporteur on the situation of human rights defenders: “This is an unacceptable campaign of harassment, intimidation and reprisals against Mr. Amro, and other human 82 83 84 85 86 Russell Tribunal, Findings, para. 5.39. See http://unispal.un.org/UNISPAL.NSF/1ce874ab1832a53e852570bb006dfaf6/57c45a3dd0d46b 09802564740045cc0a?OpenDocument. See www.business-humanrights.org/Links/Repository/1023856, http://www.dci-palestine.org/ documents/palestinian-children-invisible-workers-israeli-settlements. Russell Tribunal, Findings, para. 5.40. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13626&LangID=E. 19

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