A/HRC/8/18
page 15
had been attempting to seize land around al-Khader for the expansion of their settlements.38
The remains of the original mosque building are believed to be 700 years old. An Israeli
investigation had opened but no charges had been brought against any suspect at the time
of writing.39
43. The decision of the Israeli authorities to demolish the al-Omari mosque in Umm Tuba,
a small village 4 kilometres south-west of Jerusalem, in February 2008, provoked protests.
The Grand Mufti of Jerusalem condemned the decision, as did the Islamic Educational, Scientific
and Cultural Organization.40
44. Furthermore, both before and during the reporting period, the Israeli authorities reportedly
raised bureaucratic obstacles to the efforts of the Waqf authorities to carry out even minor
repair and maintenance works in al-Haram al-Sharif/Temple Mount related to the normal usage
of the premises.
4. Religious, charitable or humanitarian institutions or schools
45. As noted above, the freedom to manifest one’s religion as set out in article 18 (1) of the
International Covenant on Civil and Political Rights includes the freedom to establish
seminaries or religious schools.41 In the Occupied Palestinian Territory, several Islamic
charitable institutions and schools intended to assist the most needy Palestinian individuals and
families. Run as non-profit organizations, they were independent from Government authority and
relied on donations or voluntary assistance to carry out their work.
46. In February 2008, the Israel Defense Forces raided a number of buildings and schools run
by Hebron Islamic Charity, one of the largest charity bodies in the Occupied Palestinian
Territory, and handed over military orders for their closure and confiscation of property.
These actions risked depriving thousands of orphans and other children in need of the
education and shelter provided by Hebron Islamic Charity.42 Israeli authorities claimed that
38
http://www.poica.org/editor/case_studies/view.php?recordID=1323.
39
Al Haq sworn statement, 12 January 2008.
40
http://www.maannews.net/en/index.php?opr=ShowDetails&ID=27566 and
http://www.isesco.org.ma/english/news/news.php?id=273.
41
Furthermore, according to the United Nations Declaration on the Elimination of All Forms of
Intolerance and Discrimination Based on Religion or Belief, the right to freedom of thought,
conscience, religion or belief shall include the right to establish and maintain appropriate
charitable or humanitarian institutions. Moreover, the Human Rights Council in its
resolution 6/37 of 14 December 2007 urged all States to “ensure that, in accordance with
appropriate national legislation and in conformity with international human rights law, the
freedom of all persons and members of groups to establish and maintain religious, charitable or
humanitarian institutions is fully respected and protected” (paragraph 9 (h)).
42
Christian Peacemaker Teams, http://www.cpt.org/node/6968.
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