| Click here for a summary of Israel’s review at the first cycle and/or the third cycle. |
17th UPR session
Date of review: 29 October 2013
Date of report adoption: 20 March 2014
Working Group report: A/HRC/25/15
|
SUMMARY SOGIESC issues during Israel’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Adopt appropriate legislative and other measures to prohibit and eliminate discrimination on all grounds;
- In its responses to discrimination on the basis of sexual orientation or gender identity, take account of the manner in which such discrimination may intersect with other forms of discrimination;
- Consider applying the Yogyakarta Principles to assist policy making in this regard.
II. Excerpts from input reports
National report
Report not available.
Compilation of UN information
I. Background and framework
A. Scope of international obligations
3. In 2012, the Human Rights Council reaffirmed the right of the Palestinian people to self-determination. The General Assembly, the Security Council, the International Court of Justice and the United Nations High Commissioner for Human Rights have also reaffirmed the right of the Palestinian people to self-determination.
B. Constitutional and legislative framework
4. In 2010, the Human Rights Committee (HR Committee) recommended that Israel amend its Basic Laws and other legislation to include the principle of non-discrimination. CEDAW remained concerned that the Basic Law: Human Dignity and Liberty (1992) did not contain a provision on equality between women and men and the prohibition of discrimination against women.
5. CERD was concerned that no prohibition of racial discrimination had been included in the Basic Law; neither did Israeli legislation contain a definition in accordance with the Convention.
7. CERD was concerned at the existence of two sets of laws, one for Palestinians and another for Jewish settlers who resided in the same territory, namely the West bank, including East Jerusalem, and were not subject to the same justice system.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
14. CERD noted that Israeli society maintained Jewish and non-Jewish sectors. It recommended that Israel: counter racism and xenophobia; strongly condemn racist and xenophobic statements by public officials and political and religious leaders; and remind public prosecutors and the judiciary of the importance of prosecuting even-handedly those responsible for racist acts.
15. CERD urged Israel to prohibit policies/practices of racial segregation that disproportionately affect the Palestinian population in the OPT. The Secretary-General underscored the discriminatory nature of the Israeli policy/practice of promoting settlements in the West Bank, including East Jerusalem.
H. Right to social security and to an adequate standard of living
54. CERD recommended that Israel ensure equal enjoyment of economic and social rights between Jewish and non-Jewish communities. CESCR recommended that Israel address poverty and social exclusion.
55. CESCR called upon Israel not to hinder the enjoyment of the right of Palestinians living in East Jerusalem to social security.
56. CESCR was concerned that Palestinians living in the OPT did not have access to sufficient and safe drinking water and adequate sanitation. The HR Committee and the Secretary-General expressed similar concerns.
57. CESCR urged Israel to ensure that Palestinians enjoy access to their agricultural lands, and recommended that it investigate the killings and injuries of workers in the buffer zone.
58. The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non discrimination in this context noted that the land and development model that excluded, discriminated against and displaced minorities in Israel was being replicated in the OPT, and that it appeared that the Israeli system violated the right to adequate housing, not only of Palestinians but also of low- income persons of all identities.
59. CESCR called upon Israel to stop the revocation of residency permits of Palestinians living in East Jerusalem. Similar concerns were raised by the High Commissioner for Human Rights.
60. CERD was concerned that construction permits were rarely granted to Palestinian and Bedouin communities and that demolitions principally targeted their properties. Similar concerns were raised by CEDAW and CAT. CESCR recommended that Israel reform its housing policy and the issuance of construction permits in East Jerusalem; prevent attacks by settlers against Palestinians in the West Bank, including East Jerusalem; and investigate and prosecute criminal acts committed by settlers.
61. CESCR was concerned about the increasing food insecurity among, inter alia, older persons, the Jewish Ultra-Orthodox population and Palestinians living in the OPT.
62. CERD remained concerned at the impact of the blockade and military operations in the Gaza Strip, and recommended that Israel respect humanitarian law in the OPT. Notwithstanding positive steps toward the resumption of meaningful economic activity, the Secretary-General observed that restrictions on passage through border crossings continued to negatively affect the population of the Gaza Strip and recommended that Israel lift the closure, in line with Security Council resolution 1860.
P. Situation in, or in relation to, specific regions or territories
87. In its resolution 19/16 of 22 March 2012, the Human Rights Council reiterated demands that Israel comply with its legal obligations under international law, as mentioned in the 9 July 2004 advisory opinion by the International Court of Justice and as demanded in General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the OPT, including in and around East Jerusalem, dismantle the structure situated therein, repeal legislative and regulatory acts relating thereto, and make reparation for damage caused by the construction of the wall. The High Commissioner for Human Rights indicated in her fourth periodic report on the human rights situation in the OPT in December 2011, that Israel must fully comply with the advisory opinion of the International Court of Justice with regard to the wall.
88. The HR Committee and CEDAW reiterated that the view of Israel that the Convention is not applicable in the OPT is contrary to the views of treaty bodies and also of the International Court of Justice, which have all noted that obligations under international human rights as well as humanitarian law apply to all persons brought under the jurisdiction or effective control of a State party, and have stressed the applicability of the obligations of Israel under international human rights conventions to the OPT. CAT, CERD, CESCR and CRC made similar comments.
Summary of stakeholders’ information
I. Information provided by stakeholders
A. Background and framework
2. Constitutional and legislative framework
3. JS4 noted that the legal system in Israel does not provide for the concept of constitutional equality. It called on Israel to implement recommendations on equality and discrimination from treaty bodies.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
5. Freedom of movement
28. Front Line Defenders (Front Line) referred to a visa policy adopted in 2009, restricting the movement of NGO staff and affecting INGOs that assist the Palestinian population especially in the Gaza Strip. It called on Israel to halt restrictions on freedom of movement and lift travel bans imposed upon human rights defenders.
29. HRW noted that the “separation barrier” restricts Palestinians movement, harming their livelihoods and limiting their access to medical care, education, and other resources. Israel requires Palestinians to obtain advance permission from the military to access their farmlands. Similar concerns were raised by JS3–PHROC.
30. AI noted that the fence/wall, which continues to be built, creates an arbitrary restriction on Palestinians’ freedom of movement which has led to violations of their rights to an adequate standard of living and to health, among other rights. AI referred to over 500 checkpoints and roadblocks in the West Bank that limit movement and access. AI called on Israel to inter alia: ensure that the rights to health, education, an adequate standard of living, and other rights dependent on the right to freedom of movement, are respected. Similar concerns were raised by Islamic Human Rights Commission (IHRC). PCHR recommended Israel to lift restrictions imposed on imports, exports and the movement of people.
31. JS3-PROHC indicated that Israel’s policies, laws and practices –such as the Annexation Wall, expansion of settlements, land confiscation, home demolitions, revocation of residency rights, evictions, denial of the right to return, restrictions on access to natural resources and denial of family unification and freedom of movement- are resulting in the gradual forcible transfer of occupied population and in the annexation of Palestinian land by use of force.
7. Right to work and to just and favourable conditions of work
44. JS4 called upon Israel to implement the recommendations from CESCR regarding the right to work; to put an end to restrictions on movement, work permits and unequal and discriminative policies undertaken in OPT which hinder the right to work of the Palestinians.
8. Right to social security and to an adequate standard of living
46. Ir Amim indicated that a small percentage of the residents of East Jerusalem are served by the welfare system, which is underfunded.
47. AI referred to forced evictions of Palestinians in East Jerusalem and in areas designated as “Area C” under the Oslo Accords and the expansion of Israeli-only settlements. AI called on Israel to: stop house demolitions and forced evictions in OPT; ensure access to remedies and reparations for victims; transfer planning responsibilities to Palestinian communities; remove Israeli settlements from OPT and; prosecute Israeli settlers who commit acts of violence against Palestinians and grant compensation to victims.
48. Human Rights Watch (HRW) noted that Israel continued to build the “separation barrier” inside the West Bank, recently expanding it through Palestinian communities around Jerusalem. Ir Amim referred to the situation of Palestinians residents of eight neighbourhoods in East Jerusalem, which were left on the other side of the separation barrier and are completely cut off from municipal services.
49. IDMC noted that nearly seventy percent of land in the West Bank remains unregistered, leaving the traditional owners/residents vulnerable to confiscation or expropriation by the Israeli authorities. Associazione Coumnitá Papa Giovanni XXIII (ACPG-XXIII) reported that Israel, through a complex legal-bureaucratic mechanism, declares the land as “State land”. Methods used include the requisition of land for “military needs”, declaration of land as “abandoned property” or “temporary military zone” and expropriation for “public needs”. In East Jerusalem, land registration is equally complicated.
50. JS1 referred to Israel’s control over sources of water resources in OPT, noting that Israel should ensure Palestinians access to sufficient adequate water and sanitation services. Similar concerns were raised by JS4.
14. Internally displaced persons
60. IDMC raised concern about Israel’s policies and practices, which caused forced displacement of Palestinians in OPT, through demolition of civilian property, forced evictions, land expropriation, settlement/expansion, construction of the Wall, movement and access restrictions, settler violence and military operations.
15. Situation in, or in relation to, specific regions or territories
61. Amnesty International (AI) noted that Israel continues to deny that international human rights law and the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War are applicable in the Occupied Palestinian Territories (OPT), and that it did not respond to related recommendations during the first UPR. It indicated that Israel is at odds with the international community, including with the International Court of Justice (ICJ), which holds that all UN conventions and treaties ratified by Israel are applicable to the OPT. Additionally, the establishment of Israeli settlements violates the Fourth Geneva Convention, which prohibits an occupying power from settling its civilian population in the territory it occupies. Similar concerns were raised by Internal Displacement Monitoring Centre (IDMC), Israeli Committee against House Demolitions (ICAHD), Joint submission 1 (JS1), Palestinian Centre for Human Rights (PCHR), Joint submission 4 (JS4), Joint submission 3 (JS3-PROHC), Organization for Defending Victims of Violence (ODVV) and the International Commission of Jurists (ICJ). AI called on Israel to accept the applicability of human rights treaties and of the Fourth Geneva Convention in the OPT. ICJ urged Israel to end the illegal settlement policy in OPT, including East Jerusalem.
III. References to SOGI during the Working Group review
Interactive dialogue and responses by the State under review
29. On a point of clarification, the State of Palestine stated that Israel’s report had no value since it failed to address at all human rights in the land of the State of Palestine which is under Israel’s occupation. Turning to the review, it asked about the legal basis for the confiscation of the Identity Cards of Palestinians residing in Jerusalem and where Israel’s border was located.
32. Portugal expressed concern over discrimination and inequality, inter alia the distinction between Jewish and Arab citizens, discrimination of women.
45. Switzerland referred to the situation of minorities, asylum seeking procedures, the settlements and the blockade affecting the civilian population in Gaza.
47. Thailand called on Israel inter alia to end the blockade of the Gaza Strip, lift restrictions on movements and ensure non-discriminatory treatment of Jewish and non-Jewish peoples.
50. Turkey considered that the improvement of the human rights record primarily required the ending of the occupation in the territories of the State of Palestine.
52. United Kingdom of Great Britain and Northern Ireland expressed concerns over Israeli practices in the OPT including the extensive use of administrative detention.
53. The United States of America commended Israel for its upholding of human rights.
59. Austria asked whether Israel’s position has evolved on the issues of discrimination of Arab Israeli citizens and the protection of human rights defenders.
62. In response to an advance question by Norway, despite increasing challenges, and in line with its responsibility under international law, Israel took significant steps to promote the standards of living of Palestinians and cooperated with the Palestinian authority, which had the responsibility towards the vast majority of the Palestinian population. UNDP development index shows that the Palestinian Authority is above the regional average.
63. Israel was also working to improve the movement of people and goods in the West Bank. Today there are only a few checkpoints in place, which are normally open.
64. Responding to an advance question by Mexico and Slovenia, as enshrined in the declaration of independence and in many basic laws and court rulings, equality and non-discrimination was the cornerstone of Israel’s democratic society.
78. Brazil acknowledged some important progress in realizing human rights but expressed concern about settler violence against Palestinian civilians.
80. Chile reiterated the need to put an end to acts of violence and economic deprivation affecting the Palestinian population. Chile called on Israel to end all expansion of settlements.
81. China called for the release all Palestinian prisoners and the improvement of their living conditions. It also hoped that Israel would lift the blockade on the Gaza strip as soon as possible.
82. Costa Rica noted the ratification of the CRPD. In relation to the Palestinians and the OPT it called on Israel to respect international humanitarian law.
87. Ecuador noted Israel’s commitment to ensure gender equality. It believed Israel should make efforts to eliminate discrimination against the Palestinian population.
93. Greece expressed concern about settlement activities and commended progress in achieving equal treatment in relation to on sexual orientation or gender identity.
96. Iceland urged the halting of all settlement activities and the withdrawal of settlers from the OPT. It encouraged the effective implementation of legislation and dialogue with the Palestinian Authorities on violence against women; and the withdrawal of reservation to CEDAW.
104. Japan expressed concern inter alia about violations of the rights of Palestinians to adequate housing. It requested the immediate stopping of the construction of settlements.
105. Jordan was alarmed that the right of self-determination of the Palestinian people was still being violated by Israel.
109. Malaysia considered that the situation in the OPT was worsening.
110. The Maldives was deeply concerned by Israeli practices in Palestine, the absence of commitment towards the UN bodies, and violations of international human rights and humanitarian law
125. Israel further noted that due to the volatile security situation, and in light of the obligations under international law, Israel had imposed a legal naval blockade to prevent weapons transfer to Hamas.
129. Through the land passages that were open, the policy of Israel was that all goods could enter the Gaza Strip freely, with the sole exception of those goods that could pose a security risk to Israel. Israel had also allowed entry into Israel’s territory for humanitarian cases such as those needing urgent medical care and was very active in facilitating projects funded and implemented by the International Community.
IV. Conclusions and/or recommendations
The following recommendations were accepted:
137.56 Continue all efforts to eliminate discrimination based on sexual orientation and gender identity (Greece);
137.58 Increase efforts to ensure non-discrimination, particularly in the areas of access to justice, property rights and housing rights (Canada);
137.64 Intensify its efforts to combat gender-based violence against women and girls, including from minority communities (Sweden).
The following recommendations were noted:
137.17 Revise fundamental and other relevant laws with a view to enshrining explicitly in those the principles of equality and non-discrimination (Tunisia);
137.18 Ensure the principles of equality and non-discrimination by including the principle in the Basic Law and legislation (Republic of Korea);
137.19 Consider including the provision on gender equality and non-discrimination in its Human Rights and Liberty Law (Thailand);
137.20 Abrogate all discriminatory laws against non-Jewish children (Tunisia);
137.43 Increase its efforts to implement the recommendations of the treaty bodies on equality and non-discrimination (Portugal);
137.59 Accelerate the examination of complaints on discrimination and apply relevant judgments (Tunisia);
137.107 Change the public policies and abolish legislation, norms, mechanism or discriminatory provisions against Palestinians living in Israel and in the occupied territories, including putting an end to the segregated roads for the exclusive use of the Israeli population, the settlements, the restrictions to the freedom of movement of Palestinians, the control posts, and the separation walls, the use of human shields in operations of the Israeli military and the practice of selective killings through the use of drones (Ecuador);
137.108 Put an end to the policy of colonization with illegal settlements (Cuba)
137.109 Fully restore the rights and dignity of the Palestinian people, including their rights to life, to live in dignity, adequate food, housing, health and education, as well as their freedom of movement (Malaysia);
137.110 Ensure non-discrimination to the Palestinian families in Israel regarding health and education of children, in particular those living in poverty, rural areas and refugee camps (Tunisia);
137.145 Guarantee the Palestinian people access to all basic services, especially drinking water (Venezuela (Bolivarian Republic of));
137.149 Demolish the shameful wall of separation which violates the human rights of the Palestinians (Venezuela (Bolivarian Republic of));
137.152 Cease immediately the colonization through construction of illegal settlements (Pakistan);
137.153 Halt the colonization with illegal settlements and the destruction of the homes, cultural and religious sites of the Palestinian people (Venezuela (Bolivarian Republic of));
137.154 Suspend, without conditions, the expansion of settlements that violate fundamental rights of the Palestinian population, and remedy the negative impact (Costa Rica);
137.162 Accept and implement the ICJ Advisory Opinion on the Legal Consequences of the Construction of a Wall in the OPT (Brazil);
137.169 Immediately stop the blockade on the Gaza Strip (Qatar);
137.171 Take urgent and immediate steps to end its occupation of all Palestinian and Arab Territories occupied since 1967 (South Africa);
137.172 Put an end to the occupation of all occupied Arab land, including East Jerusalem and the Golan Heights (Sudan);
137.173 Stop the transfer of its population to the occupied territory and put an end to all measures that encourage or perpetuate the settlements (Switzerland);
137.178 Put an end to the blockade of the Gaza strip, and guarantee full access to the Palestinian population to all basic services (Cuba);
137.179 Refrain from all settlement activities in occupied territories (Brazil).
138. [Other recommendations] do not enjoy Israel’s support due to the fact that they contain the term “State of Palestine”. Israel considers that the term “State of Palestine” was adopted as a result of a General Assembly resolution 67/19 and at the request of the PLO delegation to the UN. Israel wishes to reiterate that the term does not imply the existence of a sovereign State of Palestine, nor recognition as such; the issue of statehood, as well as all other permanent status issues will be decided between the parties only as part of a process of direct bilateral negotiations.
V. Adoption of the Report
The report of the working group was adopted at the 25th regular session of the Human Rights Council in March 2014.
STATEMENTS
Israel did not send a delegation to its UPR adoption due to a strike in its Ministry of Foreign Affairs, however, responses to recommendations were provided in an Addendum to the Working Group report. During the discussion, speakers regretted that Israel had been unable to send a delegation to participate in the discussion and some delegations deplored the continuation of human rights violations in the occupied territories, such as the expansion of illegal settlements, detentions and torture. Delegations noted that recommendations from the first cycle had not been implemented. Speakers encouraged Israel to address the human rights situation in the Occupied Palestinian Territory, and to adopt recommendations, including those on solitary confinement for children in military detention, women’s rights and the rights of migrants.
States that took the floor included Pakistan, Syria, United Kingdom, United States, Venezuela, Canada, Cuba, Egypt, and Montenegro.
The following NGOs also took the floor: Touro Law Centre, International Commission of Jurists, International Federation for Human Rights Leagues, Human Rights Watch, Al-Haq, Amnesty International, International Association of Jewish Lawyers and Jurists, and United Nations Watch. The latter was the only NGO to reference SOGI issues.
UN Watch
Today’s report contains valuable comments and recommendations, and we call on Israel to pay attention to them in order to better promote and protect human rights for all. These include the recommendations for Israel:
- To consider additional measures to improve the status of women in all communities with a view to promote equality in law and practice;
- To continue its efforts to eliminate discrimination based on sexual orientation and gender identity; and
- To take all necessary measures to fight against manifestation of religious intolerance, and to thoroughly investigate all cases of religious hatred, including acts of vandalism of religious sites.
VI. Further information
UPR Documentation