A/HRC/25/67
portfolio, due to its extraction of non-renewable natural resources from occupied
Palestine.47 Such examples should lead the way for more countries and companies to follow
suit, as well as alerting Governments to their responsibility to urge companies subject to
their authority to act in accordance with international law.
43.
While due diligence on the part of businesses is an inherent aspect of corporate
responsibility, Governments also have the obligation, as noted by the fact-finding mission
on settlements, to take measures to ensure that they do not recognize an unlawful situation
arising from the illegal activities of Israel.48 In this regard, the European Union guidelines
which establish that all agreements between Israel and the European Union for grants,
prizes and financial instruments funded by the European Union must now unequivocally
and explicitly indicate their inapplicability to the territories occupied by Israel in 1967
represents a step in the right direction.
44.
The Special Rapporteur is also encouraged by the recent issuance by the
Government of the United Kingdom of Great Britain and Northern Ireland of guidelines for
businesses, which for the first time outline the risks of trading with Israeli settlements, and
specifically warn of the legal and economic risks stemming from the fact that the Israeli
settlements, according to international law, are built on occupied land and are not
recognized as a legitimate part of the territory of Israel.49
Trade with the settlements
45.
The diligence shown by the European Union and some of its Member States
regarding the responsibility of businesses operating in occupied Palestine naturally leads to
the following question: Are the same human rights standards applied by countries when it
comes to trade relations with the settlements? If the statements issued by the European
Union and the United States protesting the expansion of settlements reiterate their illegality
and illegitimacy, then steps should be taken to ensure that related actions also reflect a
genuine commitment to human rights and respect for international law, for example by
ceasing trade with the settlements starting with a ban on imports of settlement produce.
46.
While produce originating in the Israeli settlements is not entitled to benefit from
preferential tariff treatment under the European Union-Israel Association Agreement, fresh
agricultural produce exported from the settlements — but falsely labelled as “made in
Israel” — can still be found on many supermarket shelves across the European Union due
to the voluntary nature of labelling requirements. Considering the fact that the European
Union remains one of the most important trading partners for the settlements, with annual
exports worth $300 million, a ban on settlement produce would have a significant impact. It
should also not be forgotten that trade with settlements is linked to the violation of human
rights with respect to Palestinian communities denied access to fertile agricultural land,
water and other natural resources.
47.
So long as illegal settlements are supported through trade, statements protesting the
expansion of settlements from the main trading partners of Israel will have little resonance
on the ground, and third party States will continue to be associated with the violation of
human rights in occupied Palestine.
47
48
49
Palestinian BDS National Committee, submission to Special Rapporteur (November 2013).
A/HRC/22/63, paras. 116–117.
See www.theguardian.com/world/2013/dec/09/uk-government-warns-over-business-israeli-settlements.
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