A/HRC/22/35
17.
As part of the 21 November ceasefire, Israel expanded the fishing zone to 6 nautical
miles. Still, fishermen continued to be detained within this area. OHCHR received
information regarding the detention of at least 18 fishermen, reportedly fishing within the 6
nautical mile limit, between 23 and 29 November 2012.
18.
The use of live ammunition against civilians to enforce the access-restricted areas is
not in conformity with international law regarding the right to life and security. It does not
respect the rules on the use of force and firearms by law enforcement officials, and when
taking place in the context of hostilities it violates the principle of distinction, which
prohibits the targeting of civilians not directly participating in hostilities. Mere presence in
a restricted area cannot be construed as participation in hostilities. As the occupying Power,
Israel has the obligation to protect civilians.
2.
The blockade of Gaza
19.
In September 2012, Israel permitted the first commercial export of Gaza-made
furniture into the West Bank since the imposition of the blockade in 2007. Apart from this,
and the export of negligible amounts of agricultural produce to Europe, Gaza’s exports
remained severely restricted.12 Continued restrictions on Gaza’s exports and imports have
stalled the private sector and minimized prospects for economic growth. By August 2012,
44 per cent of Gaza’s population was suffering from food insecurity, 39 per cent lived in
poverty, and 80 per cent relied on food assistance from humanitarian agencies.13
20.
Restrictions on the import of construction material for private and public use
continued to create serious challenges for the education sector. By August 2012, the
education sector was in need of 230 new schools to meet the growing demand following
from demographic growth. The shortage of educational facilities in Gaza forced an
estimated 80 per cent of government and 93 per cent of United Nations Relief and Works
Agency for Palestine Refugees in the Near East (UNRWA) schools to operate on double
shifts, diminishing the quality of education. 14
21.
Since June 2010, Israel has permitted the import into Gaza of construction materials
for the particular United Nations projects it has approved. In September 2012, Israel, after a
19-month process, approved 11 United Nations projects related to water, sanitation,
education, housing and electricity. However, Israel rejected 18 other projects, stating
security concerns related to the locations of these projects. 15 The United Nations remains
hindered from effectively responding to the population’s rapidly increasing demand for
services.16
22.
Though the tunnel economy between Gaza and Egypt has facilitated the entry of
some construction material for private use, by the end of June 2012 approximately 71,000
housing units were needed to fulfil shelter needs. 17 Gazans continued to face electricity cuts
12
13
14
15
16
17
OCHA, Monthly Humanitarian Monitor, September 2012, p. 4,
www.ochaopt.org/documents/ocha_opt_the_humanitarian_monitor_2012_10_23_english.pdf.
United Nations Country Team in the Occupied Palestinian Territory (UNCT), Gaza in 2020: A
Liveable Place?, August 2012, p. 6.
OCHA, Monthly Humanitarian Monitor, August 2012, p. 10,
www.ochaopt.org/documents/ocha_opt_the_humanitarian_monitor_2012_09_24_english.pdf.
OCHA, Monthly Humanitarian Monitor, September 2012, p. 2.
Ibid., pp. 3-4.
OCHA, Five Years of Blockade: The Humanitarian Situation in the Gaza Strip, fact sheet, June 2012,
www.ochaopt.org/documents/ocha_opt_gaza_blockade_factsheet_june_2012_english.pdf.
7
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