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.
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