A/HRC/43/67
Cases in which the Israeli security forces appeared to have used force against the
protected population instead of protecting it are of utmost concern.
67.
Settler violence continued to adversely affect Palestinian society, violating a
range of rights. Such violence, coupled with settler cultivation of land, and the practices
of Israeli security forces, may gradually prevent Palestinians from having access to their
lands, which then risk becoming part of the unofficial expansion of settlement
perimeters.
68.
Palestinians in Area C, the H2 area of Hebron and East Jerusalem continue to
be subjected to restrictive and discriminatory policies and practices, and to increased
tension and violence due to the existence and growth of settlements. These policies and
practices violate several rights and contribute to a coercive environment. Palestinians
living in such an environment may have no practical choice but to leave their places of
residence. Displacement and relocation to alternative residential areas as a result of a
coercive environment could amount to forms of forcible transfer, contrary to the
obligations of Israel under international humanitarian and human rights law.
69.
The High Commissioner recalls Security Council resolution 497 (1981), in which
the Council decided that the decision of Israel to impose its laws, jurisdiction and
administration in the occupied Syrian Golan was null and void, and without
international legal effect.
70.
On the basis of the findings presented in the present and in previous reports, the
High Commissioner recommends that the Israeli authorities:
(a)
Halt immediately and reverse all settlement development and related
activities in the Occupied Palestinian Territory, including East Jerusalem, and in the
occupied Syrian Golan, in compliance with relevant United Nations resolutions,
including Security Council resolutions 497 (1981) and 2334 (2016);
(b)
Rescind all policies and practices contributing to the creation of a coercive
environment and/or increasing the risk of forcible transfer;
(c)
Review planning laws and policies to ensure that they are compliant with
the obligations of Israel under international human rights and international
humanitarian law;
(d)
Refrain from implementing evictions and demolition orders on the basis
of discriminatory and illegal planning policies and practices that may lead to forcible
transfer, including of Bedouin and herder communities;
(e)
Take all steps necessary to protect the Palestinian population, including
to prevent attacks by settlers, and to ensure accountability in cases of settler violence
against Palestinians and their property;
(f)
End policies and practices within the occupied Syrian Golan that may lead
to discrimination against protected persons.
15
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