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General Assembly Distr.: General 19 September 2012

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General Assembly Distr.: General 19 September 2012 United Nations A/67/379 General Assembly Distr.: General 19 September 2012 Original: English Sixty-seventh session Item 70 (c) of the provisional agenda*,** Promotion and protection of human rights: human rights situations and reports of special rapporteurs and representatives Situation of human rights in the Palestinian territories occupied since 1967 Note by the Secretary-General The Secretary-General has the honour to transmit to the members of the General Assembly the report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Richard Falk, submitted in accordance with Human Rights Council resolution 5/1. * A/67/150. ** This report is being submitted late in order to take account of significant information received from interlocutors in Israel and the occupied Palestinian territory. In this regard, the Special Rapporteur notes the Government of Israel’s continuing practice of non-cooperation with his mandate, which impedes him from engaging directly with such interlocutors in the occupied Palestinian territory. 12-51586 (E) 181012 *1251586* A/67/379 Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 Summary The present report addresses Israel’s compliance with its obligations under international law in relation to its occupation of Palestinian territory. The Special Rapporteur focuses particular attention on the legal responsibility of business enterprises, corporations and non-State actors involved in activities relating to Israel’s settlements in the occupied Palestinian territory. Contents Page I. Introduction ................................................................... 3 II. Working methodology for the present report ........................................ 4 III. General situation of settlements ................................................... 4 IV. Legal framework ............................................................... 6 A. General: human rights law and international humanitarian law ..................... 6 B. Human rights and international humanitarian law obligations and principles relevant to private corporations in the occupied Palestinian territory .......................... 7 V. Case studies ................................................................... 12 VI. Conclusion .................................................................... 23 VII. Recommendations .............................................................. 24 Annexes I. Land allocated to Israeli settlements, January 2012 ................................... 26 II. The humanitarian impact of Israeli settlement policies, January 2012 .................... 27 2 12-51586 A/67/379 I. Introduction 1. The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 reiterates his request to the Government of Israel to cooperate with his efforts to implement his mandate from the United Nations. Such cooperation is a fundamental legal obligation incident to membership in the Organization and ensures that the Special Rapporteur can constructively engage with the Government of Israel, victims, witnesses and civil society actors relevant to his mandate. 2. Article 104 of the Charter of the United Nations states that the Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes. Article 105, paragraph 2, specifies that those who represent the United Nations shall enjoy in the territory of States Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization. These provisions were elaborated in the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946. Article VI, section 22, thereof, entitled “Experts on missions for the United Nations”, is particularly relevant, setting forth the duties of Members to cooperate with such representatives as Special Rapporteurs and to avoid interfering with their independence. 3. It should be noted that the Government of Israel has not cooperated with many other important initiatives of the General Assembly and the Human Rights Council relating to the occupied Palestinian territory. This includes the United Nations Fact- Finding Mission on the Gaza Conflict, the Committee of Independent Experts to follow up on the fact-finding mission on the Gaza conflict, the Independent International Fact-Finding Mission on the Incident of the Humanitarian Flotilla, the Beit Hanoun fact-finding mission, the Commission of Inquiry on Lebanon, and the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories. This pattern of non-cooperation with official undertakings of the General Assembly and the Human Rights Council should produce a concerted effort by Member States, the General Assembly, the Security Council and the Secretary-General to obtain the cooperation of the Government of Israel. 4. The Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 conducted research for this report on the basis of the foundational principle that business enterprises must respect international humanitarian law and should respect human rights. They should avoid infringing on the human rights of those living under occupation and address adverse human rights impacts with which they are involved.1 The Special Rapporteur would welcome engagement with the Government of Israel, and companies and corporations operating within or in relation to Israeli settlements in the occupied Palestinian territory, regarding the issues raised in this report. 5. The Special Rapporteur calls attention to the grave circumstances of the Palestinian people, living under prolonged occupation and with no realistic prospect of its termination in the near future, and under these conditions the United Nations __________________ 1 Guiding Principles on Business and Human Rights (A/HRC/17/31, annex). 12-51586 3 A/67/379 has a great responsibility to do all that can be done to avoid the economic, political and cultural exploitation of the Palestinian people, as well as their endowment of natural resources. II. Working methodology for the present report 6. Taking account of the Special Rapporteur’s repeated unsuccessful requests to the Government of Israel to be allowed access to the occupied Palestinian territory, the present report is based on information requested and received from civil society actors, United Nations agencies, companies and corporations, non-State entities, and other stakeholders, in particular those with expertise concerning the involvement of business enterprises in the construction and maintenance of Israeli settlements. The Special Rapporteur highlights selected individual companies that operate, conduct business or otherwise profit from Israeli settlements located in the occupied Palestinian territory. The Special Rapporteur makes recommendations to seek to ensure that businesses operating in relation to Israeli settlements take prompt action to bring their activities into line with relevant international law and related rules and standards, including international human rights law. The Special Rapporteur notes that, since the preparation of the present report, he has brought its content to the attention of the businesses discussed herein. The Special Rapporteur is requesting clarification and further information regarding the allegations contained in this report, especially with a view to pursuing the prompt implementation of his recommendations. III. General situation of settlements 7. From 1967 to 2010 Israel established an estimated 150 settlements in the West Bank. In addition, there are an estimated 100 “outposts”, settlements built without official Israeli authorization but with the protection, infrastructural support and financial help of the Government of Israel. Such “outposts” are recently the subject of Government of Israel processes and discussions regarding their potential legalization under Israeli law. This is a serious escalation of the settlement agenda that is inconsistent with Israeli political rhetoric supporting negotiations to establish a viable, independent, contiguous and sovereign Palestinian State. 8. There are also 12 settlements in Jerusalem that were established, with Government funding and assistance, on land unlawfully annexed by Israel and made part of the city. Settlements control over 40 per cent of the West Bank, including critical agricultural and water resources. Many settlements are extensively developed, comprising large gated communities or small cities. Israel does not allow Palestinians to enter or use these lands, except those with permits to work. 9. The population of Israeli settlers in the occupied Palestinian territory is between 500,000 and 650,000. Approximately 200,000 of these settlers live in East Jerusalem. Statistics indicate that the settler population (excluding that of East Jerusalem) has, over the past decade, grown at an average yearly rate of 5.3 per cent, compared to 1.8 per cent in the Israeli population as whole. In the past 12 months this population increased by 15,579 persons. The Israeli Government offers settlers benefits and incentives relating to construction, housing, education, industry, agriculture and tourism,
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