A/HRC/35/19/Add.1
54.
A 2013 recommendation from the Committee on the Rights of the Child
demonstrates the process and information used in considering implementation of
recommendations in this category. The Committee recommended that Israel: “Cease the
construction of the Wall in the Occupied Palestinian Territory and fully lift the Gaza
blockade, and urgently allow entry of all construction materials necessary for Palestinian
families to rebuild homes and civilian infrastructures so as to ensure respect for children’s
right to housing, education, health, water and sanitation as recommended notably by the
Committee on the Elimination of Racial Discrimination (CERD/C/ISR/CO/14-16, para. 26)
and in line with Israel’s Manual on the Laws of War (1998) which prohibits the conduct of
a scorched earth policy “with a view to inflicting starvation or suffering on the civilian
population.”72
55.
In July 2014, OCHA reported that 62 per cent of the planned wall had been
constructed, including 200 additional kilometres since the Advisory Opinion had been
issued.73 In August 2015, the construction of the wall resumed in Bethlehem after the High
Court of Justice, in April 2015, requested the State of Israel to consider alternative routes to
ensure access of Palestinians between Bethlehem, Beit Jala and a Cremisan monastery and
convent.74
56.
Regarding the recommendation to fully lift the blockade, OCHA has continued to
document 75 how the blockade undermines Gaza’s economy, resulting in high levels of
unemployment, food insecurity and aid dependency. The blockade has continued to
negatively impact the quality of health, education, and water and sanitation services
available in Gaza. One third of the applications for exit permits for medical treatment
outside Gaza submitted in 2016 were rejected or delayed. The volume of imports allowed
into Gaza falls short of current needs due to population growth and the devastation from
recurrent hostilities. The limited access to construction materials delays the construction,
repair and upgrade of homes and infrastructure, and prolongs the displacement of those
who have lost their homes. Also, the production of food inside Gaza is affected by the
prohibition of access to areas within 300 metres of the perimeter fence (making access to a
wide area contiguous to those 300 metres unsafe), which prevents and discourages
agricultural activities. Moreover, fishermen are allowed to access less than a third of the
fishing areas allocated under the Oslo Accords. Consequently, by mid-2016, the
unemployment rate was almost 42 per cent, and stood at 60 per cent among youth and 65
per cent among women; 47 per cent of households in Gaza suffered from moderate or
severe food insecurity; and over 70 per cent of the population was receiving some form of
international aid, mainly food assistance.
57.
The third element of the recommendation demands that Israel urgently allow the
entry of all construction materials necessary for private homes and civilian infrastructures.
According to OCHA, the partial easing of some of the restrictions since the establishment
of the Gaza Reconstruction Mechanism in 2014 has facilitated the entry of some restricted
items, but recent import reductions have put a strain on the GRM’s effectiveness and
hampered reconstruction efforts. For example, between 3 April and 22 May 2016, Israel did
not allow the import of cement to Gaza by the private sector due to allegations that this
material was being used to build a tunnel to Israel. While the import of cement has since
resumed, the number of trucks has been limited to 90 per day – compared to 120 before
April 2016. This generated a backlog demand of 577,000 tons of cement in December
2016, and OCHA calculated it could take nine years for the supply to catch up with the
increasing demand. Only four per cent of the cement needed in December 2016 to construct
and repair houses for the 33,000 families who were authorized to purchase cement through
the Gaza Reconstruction Mechanism was available. Consequently, 10,248 families (about
53,300 people) remained displaced.76
72
CRC/C/ISR/CO/2-4, para. 26.c.
See www.ochaopt.org/content/spotlight-10-years-international-court-justice-icj-advisory-opinion
74
See www.ochaopt.org/content/barrier-construction-bethlehem-resumes.
75
See www.ochaopt.org/content/gaza-strip-humanitarian-impact-blockade-november-2016.
76
See www.ochaopt.org/content/intensified-restrictions-entry-building-materials-delay-completionhousing-projects-gaza.
73
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