A/HRC/43/70
guarantees. From 4 to 10 June 2019, Palestinian Authority security forces arrested over 60
affiliates of the Islamic movement Hizb ut-Tahrir for reasons related to their criticism of the
Palestinian Authority’s decision about when to celebrate the Muslim holiday Eid al-Fitr. All
were released by the beginning of July without any charges, raising concerns that their
detention contravened the rights to freedom of association, religion and belief.
61.
Between 23 and 27 June 2019, three men were arrested by Gaza security forces for
trying to organize a cycling race in conjunction with a similar event organized in Israel.
They were reportedly moved between different security agencies with varying levels of
oversight and interrogated about the race. During the interrogations, they were reportedly
subjected to ill-treatment, including through verbal insults that included suggestions that
they were traitors, their heads were shaved, they were placed in stress positions and they
were held in solitary confinement. None were charged with a criminal offence.
62.
On the eve of the fifty-fourth anniversary of Fatah’s founding, Gaza security forces
summoned over 50 Fatah members and supporters across the Gaza Strip and reportedly
forced some of them to sign a declaration stating that they would not participate in any
event commemorating the anniversary. The de facto authorities in Gaza prohibited the
events from taking place, noting that some 38 Fatah members had been summoned but
released shortly thereafter as part of measures to keep order in Gaza. Similarly, on 23
February 2019, Gaza security forces arrested five Fatah members for organizing a sit-in
demonstration in support of President Abbas. All were beaten with batons and plastic hoses,
interrogated about their affiliation to Fatah and released without charge.
6.
Delegitimizing human rights work and interfering with associations
63.
Ongoing harassment and denunciations continued with the evident aim to silence
and discredit the work of human rights defenders and to discourage support for their work,
including by curtailing international funding.
64.
In January 2019, the Ministry of Strategic Affairs and Public Diplomacy of Israel
published a report in which it called upon the European Union to cease funding certain
Palestinian and international NGOs and in which it alleged that the letters from some of
those organizations addressed to the Secretary-General and the High Commissioner
concerning reviews of business activities in Israeli settlements56 constituted examples of
promoting boycotts against the State of Israel.57 The report of the Ministry appears to
stigmatize civil society organizations for their engagement with the United Nations.58 The
Ministry further claims59 that the detention of and travel bans against human rights
defenders, dating as far back as the 1980s, and loose allegations of “membership” of groups
such as Hamas and the Popular Front for the Liberation of Palestine, constitute connections
to terrorist groups. The Ministry’s reports also equate the boycott, divestment and sanctions
movement with terrorism.60 Accusations of terrorism must adhere to a clearly defined legal
framework of prohibited actions and respect fair trial guarantees, including the right to
judicial review, the principle of legality and the presumption of innocence.61 State
authorities must avoid making stigmatizing statements against human rights defenders62
56
57
58
59
60
61
62
Pursuant to Human Rights Council resolution 31/36.
Israel, Ministry of Strategic Affairs and Public Diplomacy, The Money Trail: European Union
Financing of Organizations Promoting Boycotts against the State of Israel, 2nd edition (2019).
A/HRC/42/30, para. 61, and annex I, paras. 62 and 65.
Israel, Ministry of Strategic Affairs and Public Diplomacy, The Money Trail, and Terrorists in Suits:
the Ties between NGOs Promoting BDS and Terrorist Organizations (2019).
See the statement by three Special Rapporteurs made on 25 April 2019 (available from
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24516&LangID=E). While not
taking a position on the boycott, divestment and sanctions movement, the Special Rapporteurs hold
that supporting or opposing it is fully guaranteed by the rights to freedom of opinion, expression and
association.
A/HRC/16/51/Add.3 and Corr.1, paras. 26–27, and A/61/267, para. 26.
Human Rights Council resolution 22/6, para. 5, and HRC/13/22, para. 27.
13
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