A/HRC/41/35/Add.2
Table 4
Israel and the occupied Palestinian territories: status of implementation of
recommendations
Recommendation
Status
To the Government of Israel
Refrain from adopting laws that are
inconsistent with the obligations of Israel
under international human rights law (para.
98)
Contravened. Serious concerns are
raised as to the compatibility with
international human rights law of the
Nation-State Law of 2018,
amendments to the Entry into Israel
Law passed in 2017 and the
Transparency Law of 2016.
Amend the Basic Law on Human Dignity
and Liberty to include principles of nondiscrimination, equality and the right to
freedom of opinion and expression (para.
99)
Contravened. In 2018, the Nation-State
Law was added to the Basic Laws of
Israel. The Law raises serious concerns
as to its compatibility with the general
principle of non-discrimination and
with freedom of expression. Purporting
to define the constitutional identity of
the State of Israel, its application could
take precedence over the Basic Law on
Human Dignity and Liberty.
Amend or repeal articles 1A, paragraphs
144B, 144D2 and 144D3, article 5,
paragraph 166, and article 7, paragraph 173,
of the Penal Code of 1977 (para. 100)
Not implemented.
Abolish the post of Chief Censor and ensure
that restrictions on the right to freedom of
expression on the grounds of national
security are made only where these grounds
are prescribed by law, and that such law is
accessible, unambiguous, drawn narrowly
and with precision, and justified as being
necessary and the least restrictive means
available to protect a specific and legitimate
national security interest (para. 101)
Not implemented.
Repeal Military Order 101 (para. 102)
Not implemented.
Ensure that no excessive force is used
against peaceful protesters and ensure
accountability for all injuries or deaths
resulting from the use of force by the Israeli
security forces (para. 102)
Contravened. Hundreds of killings by
Israeli security forces monitoring
protests in the occupied Palestinian
territories have been recorded since the
visit, with those recorded by the
Commission of Inquiry during the
Great March of Return potentially
amounting to war crimes. The
perpetrators have enjoyed almost
blanket impunity.
Ensure that all journalists in the West Bank,
including East Jerusalem, can work without
undue interference; release journalists who
have been arbitrarily detained or ensure that
they are promptly brought before a court;
investigate all attacks against journalists
and bring perpetrators to account (para.
103)
Contravened. Journalists and
photographers, in particular those
covering demonstrations, have been
subjected to harassment, physical
attacks, confiscation of equipment and
travel bans imposed by the Israeli
security forces and border police. An
increase in attacks since the visit has
led civil society to allege that
Palestinian journalists are being
17
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