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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