A/HRC/41/35/Add.2
49.
The recent findings of the Commission of Inquiry, established pursuant to Human
Rights Council resolution S-28/1 to investigate alleged violations of international human
rights law and international humanitarian law committed in the context of the “Great March
of Return” protests of 2018, underline the critical need for the Israeli authorities to radically
review their approach to the right to freedom of assembly, in particular in a context of
occupation and related restrictions on political participation. The Special Rapporteur regrets
that peaceful protests have become flash points within which other rights, including the
right to life, have been put at risk. He expresses the deepest concern at the Commission of
Inquiry’s documentation of the deliberate targeting of journalists covering the Great March
of Return protests, as evidenced by the killing of two journalists and the injuring of 39
others. The Special Rapporteur calls upon the State to ensure that investigations, in full
compliance with international human rights standards, be undertaken to identify those
responsible for these crimes.
50.
When considered as a whole, these developments seem to indicate the consolidation
of a policy of selective respect for freedom of expression by the Israeli authorities,
according to which entire communities under its control are not seen as equal rights holders.
The authorities must take full responsibility to ensure, as an imperative, that Israel fulfils its
obligations under the international human rights treaties to which it is a party and respects
and protects the rights emanating therefrom for all those under its jurisdiction.
51.
In the West Bank, fundamental issues remain. The Press and Publications Law has
not been brought into line with international human rights standards and the Palestinian
Broadcasting Corporation has yet to be reformed. Complaints on grounds of defamation
have repeatedly been filed by public officials, including against journalists.
52.
On 24 June 2017, the Cybercrime Law was passed, criminalizing, in broad wording,
the accessing of websites, the use of encryption and a wide spectrum of forms of expression
online, alongside obliging Internet service providers to cooperate with security agencies in
data collection without judicial oversight. The passing of the Law was followed quickly by
the blocking of websites critical of the authorities. 9 Despite positive amendments made in
April 2018, the Law has continued to be used to stifle criticism online, and there were
repeated instances of its arbitrary application in 2019. In its current format, the Law
epitomizes a trend since the visit towards the criminalization of dissent by the Palestinian
Authority. This has been reflected in the summoning and detaining of journalists for short
periods, during which they are subjected to interrogation as to the purpose of their work.
This practice has occurred most often in connection with criticism of government officials
and peaceful protests, which have been met with violent responses by the authorities.
53.
Similar developments have occurred in Gaza, where threats and attacks on
journalists, human rights defenders and others in response to acts of expression have been
common. As in the West Bank, criticism of the authorities, including online, has placed
individuals at the most risk, with journalists working for outlets associated with Fatah also
targeted. Recently, public demonstrations against tax increases and poor living standards
have been violently dispersed, reinforcing a pattern of clampdown on public protest against
policies of the de facto authorities.
54.
In both the West Bank and Gaza, a lack of legislative protection for the right to
freedom of opinion and expression remains. The absence of such protections remains
extremely problematic in an overall environment characterized by hostility towards critical
views. Alongside the immediate halting of overtly repressive practices and policies
concerning freedom of opinion and expression, a systematic shift is needed to create an
enabling environment for the expression of diverse views in the West Bank and in Gaza.
9
16
See communication PSE 2/2017, available at
https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
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