25.
A number of Member States, civil society organizations and other entities have
repeatedly voiced strong opposition, both publicly and privately, against Council resolution
31/36 mandating the High Commissioner to produce a database. Other Member States have
expressed support, along with Israeli, Palestinian and international civil society, academics
and think tanks. This includes a petition signed by over 400 members of Israeli civil
society, including a former attorney general and former members of the Knesset, retired
diplomats, and other prominent individuals; 7 a joint statement by 56 non-governmental
organizations;8 and a letter signed by almost 60 Member States addressed to the High
Commissioner.9
(e)
Next steps
26.
More resources are required for OHCHR to continue its dialogue with and issue
communications to relevant business enterprises, adding information to the database and
updating existing information in the database as required by resolution 31/36. Once
OHCHR has been in contact with all 206 companies, and subject to determinations of their
responses and non-responses, OHCHR expects to provide the names of the companies
engaged in listed activities in a future update. Before the determinations on the companies
are made public, OHCHR will notify the companies concerned.
II. Normative framework
A.
The obligations of Israel as the occupying Power
27.
As stated above, the creation of the database is not a judicial process. In this respect,
the work of OHCHR is guided by Council resolution 31/36, in which paragraph 17 sets out
the tasks given to OHCHR. The preamble to resolution 31/36 reflects the normative
framework with regard to Israel as the occupying Power.10
28.
Since the adoption by the Human Rights Council of resolution 31/36, the Security
Council, on 23 December 2016, in its resolution 2334 (2016), reaffirmed its position that
the establishment by Israel of settlements in the Occupied Palestinian Territory, including
East Jerusalem, had no legal validity, and constituted a flagrant violation under
international law. As recognized in numerous reports of the High Commissioner and the
Secretary-General, continued expansion of settlements not only undermines the possibility
of a two-State solution, but is also at the core of many human rights violations in the West
Bank (see for example A/HRC/28/80, A/HRC/31/42, A/HRC/31/43 and A/HRC/34/39).
Human rights situation
29.
The extensive human rights impact of settlements on the human rights of
Palestinians has been well documented in successive reports of the High Commissioner, the
7
8
9
10
8
See “Hundreds of Israelis urge publication of UN settlement database”, Middle East Monitor, 4
December 2017.
“Joint NGO Statement in Support of the UN Human Rights Database on Business Activities related to
Settlements in the Occupied Palestinian Territory”, Worldwide Movement for Human Rights, 30
November 2017.
On file with OHCHR.
In the preamble to resolution 31/36, the Human Rights Council recalls, inter alia, relevant reports of
the Secretary-General, OHCHR and the fact-finding mission; relevant resolutions of the Commission
on Human Rights, the General Assembly, the Human Rights Council and the Security Council
reaffirming, inter alia, the illegality of the Israeli settlements in the occupied territories, including in
East Jerusalem; the advisory opinion on the legal consequences of the construction of a wall in the
Occupied Palestinian Territory rendered on 9 July 2004 by the International Court of Justice, which
concluded that the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem,
had been established in breach of international law; the treaty bodies monitoring compliance with the
human rights treaties to which Israel is a party; relevant provisions of the Fourth Geneva Convention
and customary law; and the Guiding Principles on Business and Human Rights.
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