A/HRC/10/76
Page 18
addition to withdrawing all military presence, it withdrew some 8,000 civilians along with their
homes, kindergartens, synagogues and cemeteries, and dismantled four settlements in the West
Bank.
70.
On family reunifications and limitations on entry of the Palestinians from the West Bank
to Israel, the delegation noted the involvement of the Palestinians from the West Bank and the
Gaza Strip, using the procedure of family reunification, in acts of terrorism. The Government
decided to suspend temporarily granting these individuals legal status in Israel through the
process of family reunifications. A subsequent law enacted in 2003 limits the possibility of
granting residents of the West Bank and the Gaza Strip Israeli citizenship pursuant to the Israeli
Citizenship Law, including means of family reunification. The law allows entry to Israel for
medical treatment, employment and other temporary grounds for up to six months, and was
amended to expand humanitarian elements contained in it in 2005 and 2007. Its constitutionality
has been scrutinized and upheld by the majority of the Supreme Court sitting in an expanded
panel of 11 judges.
71.
On the freedom of worship and access to holy places, including East Jerusalem, the
delegation stated that special entry permits are broadly granted and limitations on such entries
are imposed only exceptionally, in the event of specific security threats.
72.
With regard to the detention of Hamas members, the delegation stated that, in 2006,
members of the Hamas terrorist organizations, including Hamas ministers, were arrested and
tried for terrorist attacks in open courts. The delegation further noted that they do not enjoy
immunity from legal proceedings, despite holding positions in the Hamas Government. The
delegation noted that several appeals were filed both by the Military Prosecution and the
defendants, some of which are still pending.
73.
Burkina Faso encouraged the State to continue its efforts to overcome constraints and
difficulties to implement all human rights and fundamental freedoms for everyone.
74.
Mexico encouraged continued intensive efforts to combat trafficking. It urged Israel to
follow up the recommendations made by the Committee on the Elimination of Racial
Discrimination, the Committee on Economic, Social and Cultural Rights, the Committee on the
Elimination of Discrimination against Women and the special procedures that visited in
September 2006 in the areas of equality and non-discrimination, paying particular attention to
women and ethnic, national and religious minorities, the elimination of any distinction, exclusion
or preferential treatment among groups in all the territories under State jurisdiction, particularly
in the areas of access to justice, employment, education, health services, property rights, housing
rights, family reunification and freedom of expression, belief and religion. Mexico recommended
that the Government respect freedom of movement in all territories under State jurisdiction in
conformity with international standards. While noting the renewed state of emergency, Mexico
urged Israel to respect and ensure respect of international humanitarian law, particularly the 1949
Geneva Conventions and the Optional Protocol I thereto, including in the Occupied Palestinian
Territories. Mexico recommended that Israel redouble efforts to guarantee the protection of
human rights and fundamental freedoms in the fight against terrorism, paying particular attention
to the recommendations of the Special Rapporteur on human rights while countering terrorism
on this subject. Finally, Mexico strongly recommended that Israel ratify the Optional Protocol to
the Convention against Torture and the Convention on the Rights of Persons with Disabilities
and the optional protocol thereto.
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