A/HRC/35/19/Add.1
I. Introduction
1.
This addendum complements the report of the United Nations High Commissioner
for Human Rights on “Ensuring accountability and justice for all violations of international
law in the Occupied Palestinian Territory, including East Jerusalem: Comprehensive review
on the status of recommendations addressed to all parties since 2009.” 1 It includes
recommendations made by the relevant bodies from 2009 up until the end of 2016.
2.
As noted in the oral update of the High Commissioner to the Human Rights Council
on 20 March 2017, this addendum aims to describe how the status of implementation of the
recommendations was determined, through an analysis of selected key recommendations.
II. Assessment methodology
3.
In line with the mandate provided by resolution 31/35, the assessment focused on
the recommendations of the human rights mechanisms and Offices enumerated in
paragraph eight of the report. Thus, technical and substantive reports by bodies not
mentioned by the resolution (for instance the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the
Occupied Territories), or those not containing recommendations (such as the two Boards of
Inquiry established by the United Nations Secretary-General following the escalation in
hostilities in Gaza in 2009 and 2014) are not reflected in the review. They are nevertheless
referenced as sources to determine the level of implementation of some recommendations.2
4.
The recommendations under review mainly emanate from reports to the Human
Rights Council. However, reports to the General Assembly by entities specified in
paragraph eight of resolution 31/35 are included, such as the reports of the Special
Rapporteur on the situation of human rights in the Palestinian territories occupied since
1967. Similarly, as reports of the Secretary-General to the Human Rights Council typically
stipulate that they are to be read in conjunction with reports to the General Assembly, they
were also taken into consideration in the review as appropriate. This approach meets the
requirement of comprehensiveness of the review stipulated by resolution 31/35.
5.
The assessment of the implementation of each recommendation is based on the most
recent information available up until the first quarter of 2017, drawn from United Nations
reports, official domestic sources, documentation and publications by civil society and
other credible sources. Furthermore, the Office of the United Nations High Commissioner
for Human Rights (OHCHR) requested inputs from the Governments of Israel and
Palestine, and made an open call online for submissions on measures taken by relevant
duty-bearers towards accountability.3
6.
As indicated in the report, the status of implementation of recommendations has
been classified in five categories: “implemented”, “partially implemented”,
“unimplemented”, “closed or no longer applicable”, and “insufficient information”.4 The
status of implementation of each recommendation has been assessed individually, taking
into account the actions (legal or operational) and their impact on the fulfilment of the
relevant right. Due consideration was given as to whether a recommendation seeks
fulfilment of structural measures, process actions, a particular outcome or end objective, or
several or all of those elements.5
7.
This addendum is composed of a series of illustrative examples which show the
analytical process that has led to the determination of the status of implementation for each
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A/HRC/35/19.
See Annex of A/HRC/35/19 for a full list of reports included in the review.
See www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session31/Pages/
CallforSubmissionsHRC3135.aspx.
The meaning of each category is explained in detail in paragraph 9 of the main report.
See www.ohchr.org/Documents/Publications/Human_rights_indicators_en.pdf pp. 33-38.
3
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