A/HRC/10/76
Page 9
two-State vision of an independent, viable, sovereign Palestinian State living side-by-side with
Israel in peace and security.
33.
Austria noted the lack of a formal constitution in Israel acknowledging the important
progressive role of the Supreme Court in developing the scope of human rights protection. It
asked about ongoing consultations for the development of a constitution and about measures to
ensure that all parts of society benefit from it. It noted concerns expressed by treaty bodies and
two Israeli commissions about the inequality of civil rights of citizens, namely between Jewish
and Arab Israeli citizens, on issues such as employment, property and public administration.
Austria requested information about measures to tackle them and recommended that Israel
increase efforts to implement the recommendations of treaty bodies, particularly using the
ongoing negotiations on a new constitution to include general non-discrimination provisions for
all Israeli citizens. Austria requested the Government’s views on the recommendations of the
Special Rapporteur on the situation of human rights defenders concerning the increased
vulnerability of Arab and Palestinian communities and Palestinian human rights defenders,
because of their isolation and restrictions on movement and communication. It recommended
that Israel do its utmost to ensure that human rights defenders can carry out their legitimate work
in a secure and free environment.
34.
Switzerland recommended that Israel incorporate the Convention on the Elimination of
All Forms of Discrimination against Women, the International Covenant on Economic, Social
and Cultural Rights and the Convention against Torture into national legislation as soon as
possible. It encouraged Israel to respond favourably to requests for special procedures visits.
Noting the difficult situation faced by the Bedouin in Southern Israel, mostly owing to
displacement from their ancestral lands, resulting in harm to their right to adequate housing,
health and education, Switzerland enquired about measures to be taken to improve their socioeconomic and legal conditions. Switzerland recommended that Israel not renew the Citizenship
and Entry into Israel Law after its expiration in July 2009 and re-examine its scope with a view
to respecting the obligation of non-discrimination. Noting the Government’s statement that
integration of non-Jewish citizens in society, including the improvement of the integration of
Arab women, constituted a priority, Switzerland enquired about actual measures envisaged.
Switzerland recalled that Israel must respect its international humanitarian law obligations with
regard to other parties to the conflict. It recommended that Israel fully respect human rights
obligations not only in its own territory but also in places under its control, such as the Occupied
Palestinian Territory, as recalled by treaty bodies and the International Court of Justice; cease
immediately the expansion of settlements and the operations of destruction, inter alia, in East
Jerusalem of houses belonging to Palestinian families; and lift blockades in the Gaza Strip and
remove restrictions on movement currently placed in the Occupied Palestinian Territory that
gravely harm the human rights of Palestinians.
35.
Palestine stated that Israel’s presentation did not refer to its responsibility as an
occupying power to the human rights situation in the Occupied Palestinian Territory. Palestine
recommended putting an end to its occupation of the Palestinian and Arab territories, as
occupation is the most severe form of human rights violations; reporting to the Council on the
situation of human rights in the Occupied Palestinian Territory, being responsible as an
occupying power; adhering to the realization of the right to self-determination of the Palestinian
people in line with its commitments as a party to both the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and Political Rights; adhering
to the advisory opinion of the International Court of Justice on the construction of the wall;
recognizing the right to return for the Palestinian refugees to their homeland in line with the
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