A/HRC/28/43
ensure the implementation of the United Nations “Protect, Respect and Remedy”
Framework, which provides a global standard for upholding human rights in relation to
business activities that are connected with Israeli settlements in the Occupied Palestinian
Territory, including East Jerusalem.
21.
The international fact-finding mission recommended that the Working Group on the
issue of human rights and transnational corporations and other business enterprises
remained seized of the matter of corporate engagement with settlements (A/HRC/22/63,
para. 117). On 6 June 2014, pursuant to Human Rights Council resolution 22/29, the
Working Group on the issue of human rights and transnational corporations and other
business enterprises issued a statement on the implications of the Guiding Principles on
Business and Human Rights in the context of Israeli settlements in the Occupied Palestinian
Territory.29
22.
In the statement, the Working Group indicated that, in carrying out due diligence, in
accordance with the Guiding Principles on Business and Human Rights, corporations
should be cognizant of the illegal status of settlements under international law, and should
be informed by the publicly available information about the relation between settlements
and human rights violations in the Occupied Palestinian Territory. The Working Group
further stated that the fact that the Occupied Palestinian Territory, including areas with
settlements, was a conflict-affected area resulted in a heightened risk of negative human
rights impacts which in turn required that companies act with heightened due diligence. The
Working Group noted that where a business could not prevent or mitigate human rights
risks, it might need to consider termination of operations (guiding principle 19).
23.
In its report to the sixty-ninth session of the General Assembly, the Special
Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories reported on information received
regarding the continuing exploitation of natural resources in the Occupied Palestinian
Territory by Israeli and foreign companies, and on corporate involvement in a number of
Israeli measures with adverse human rights impacts, including involvement in Israeli
settlements. It noted, as examples of corporate activities of concern from a business and
human rights perspective, three companies with activities in the Occupied Palestinian
Territory and one company in the occupied Syrian Golan. 30
IV. Submissions by Member States pursuant to resolution 25/28
24.
On 21 October 2014, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) addressed notes verbales to all Permanent Missions to the United
Nations Office and other international organizations in Geneva, in which it requested
information on any steps that their Government had taken, envisaged taking or were
otherwise aware of concerning the status of implementation of the recommendations of the
fact-finding mission report (A/HRC/22/63), and in particular with regard to those contained
in paragraphs 116 and 117 thereof (see paras. 5 and 6 above).
25.
Also on 21 October, separate notes verbales were addressed to the Permanent
Mission of Israel and the Permanent Observer Mission of the State of Palestine. OHCHR
requested the Government of Israel to provide information on any steps that it had taken or
envisaged taking concerning the status of implementation of the recommendations of the
29
30
Available from www.ohchr.org/Documents/Issues/Business/OPTStatement6June2014.pdf.
The companies mentioned were HeidelbergCement, G4S, Ahava and Genie Energy. A/69/355,
sections IV.D and V.
7
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