A/HRC/16/71 2. Revocation of residency rights 23. Palestinians living in East Jerusalem continued to face problems with regard to residency permits (A/HRC/13/54, para. 37). In addition to the justifications used to revoke residency that were already employed, the case of four East Jerusalem residents,28 all current or former members of PLC, revealed a new justification given for revoking residency. According to information available to OHCHR, following the 2006 Palestinian elections the four PLC members received notification that their residency would be revoked. The basis provided was that membership in the parliament of a hostile entity is incompatible with loyalty to Israel. They were arrested in May 2006, found guilty of affiliation with Hamas and served prison terms. OHCHR was informed that, following the release of the last PLC member, all four had their identity cards confiscated and received letters from the Government of Israel informing them that they had 30 days to leave East Jerusalem. Mr. Abu Tier was detained on 30 June. He was later transferred to another location in the West Bank, whereupon the three other PLC members sought refuge in the East Jerusalem offices of the International Committee of the Red Cross, where they remained at the time of the finalization of this report. 24. Article 49 of the Fourth Geneva Convention prohibits the forcible transfer of civilians of an occupied territory, except when necessary to ensure the security of the civilians involved. The revocation of residency rights may also violate the right to privacy and family and a wide range of economic, social, and cultural rights. The stated basis for the revocation of residency in these cases – the lack of loyalty to Israel – is analogous to “swearing allegiance.” Article 45 of the Regulations Respecting the Laws and Customs of War on Land (Hague Regulations) prohibits forcing residents of the occupied territory to swear allegiance to the hostile power. 3. Freedom of movement 25. Movement between Palestinian communities within the West Bank (excluding East Jerusalem and Palestinian communities located to the west of the Wall) improved. Measures adopted by IDF included the removal of obstacles; transformation of six checkpoints into “partial” checkpoints; relaxation of controls at some checkpoints; lifting of permit requirements for vehicles driving to and from Nablus; and opening three sections of roads to Palestinians.29 26. Access from the rest of the West Bank to East Jerusalem remained difficult. Access to East Jerusalem for Palestinians holding West Bank identification who have obtained an entry permit was restricted to 3 of the 16 checkpoints along the Wall. Overcrowding, multiple layers of checks and other procedures at these checkpoints continued to encumber entry into East Jerusalem. Restrictions on freedom of movement continued to impact a range of human rights, such as the rights to work, education, family life, freedom of religion and health (see A/HRC/12/37, para. 76). 4. Military Orders Nos. 1649 and 1650 27. On 13 April, two IDF regulations came into effect which raise concerns regarding Israeli obligations under international human rights law and international humanitarian law. Military Orders Nos. 1649 and 1650, in particular due to their lack of clarity, appear to authorize IDF to detain, prosecute, imprison and/or forcibly transfer an undefined number of people from the West Bank. A principal concern is that the definition of the term 28 29 8 Muhammad Abu Tier, Ahmad Attoun, Muhammad Totah, and Khaled Abu Arafeh. OCHA, West Bank Movement and Access Update (East Jerusalem, 2010), p. 2.