UNITED NATIONS GeneralAseembly Distr. GENERAI A/ 43 / 694 24 Octobor 1988 EtrGtISE OAIGINAL: ENGLISE/FRENCE Forty-third sessLon Ageada iten 77 REPORT OP lSE SPECIAL COIO'TITTEE TO INIIESIIGATE ISRAE 'I PRACIICES AFTECTING IBE ET'UATT AIGETS OP TIIB POPI'LATIOtr OF THE OCq'PIED TERBIIORIES Note bv the Sscretary-Ganeral The secretary-e€ueral bas the bonour to transnit to th€ tnenbers of the Goneral Assembty the attacbett rePort, wbich Yas submitteal to hirn, in acc-rdance with p"t"g".!u 17 of Assenbly resolutloa 42/J,60 D of I December 198?, by the speclal Co,*ittee to Iuvestigato Israeli Practic.s Affectiug the Eurnan Rights of the Population of the OccuPi€d Torf,itories. 88-26346 0508-109 (E) Digitized by Dag Hammarskjöld Library Al43r694 EtrEltBb Prge 2 coxrExTs paragrrphs pao€ LE:nlEB Or IBAIISMIIIAL 4 I. INARODUCTTOtr l_s 7 II. oacNrlzArlof, oF l|onx 6 _ 19 7 rrr. MANDATE zo _ 24 10 IV. IXFORII^TION Af,D EVIDENCB BECEIVED BY lEE SPBCIIL COIOII''EE 25 - 606 L2 A. G6!€ral sltuatlo! 3l _ zSZ 13 1. Ihe uprislng- of the palestlaia'D Populatloa agalltt th6 occupatto! ..... .....:.:. 31 _ 247 13 (a) General d€v.lopnelts adt pollcy stltelletrt! .... 33 _ ?g 14 (b) Wave of dlsturbalcea ..... 7g _ 247 23 2. Other goloral pollcy itevelotrnrett! .... 24g _ z5Z 5l B. Aalniaistration Jultica, iDctuaH.lg tho trial . ,of rlgbt to fllr 253 _ 332 53 l. palestinian populatlo! A56 _ 318 54 (a) Coasequences of tlr€ uprislng A56 _ 316 54 (b) Otber devoloprneats 317 _ 3rE 65 2. rsraeli sottl€rs, uadergrouait actlvl^6t! ald otber! 319 _ 332 6s C. lreatn€nt of civiliaas, LncludlDg futdanoDtal freedornr 333 _ 52? 68 1. coleral dev€lopmatts . 333 _ 430 68 {a) Earassnent atd pbyrlcll nlstrartnstt .......... 333 _ 3Ez 6e (b) Cotlective punlshnelt 383 _ 397 7g (c) E:pulsions alal d€portatlols ... 398 _ irE 81 (d) Bcolomic atld soclal sltuatloll {19 _ 43o 88 Digitized by Dag Hammarskjöld Library N 43/694 EaElisb Page 3 CONTEf,TS ( conthuoil) Paradraphs Eggg 2. Ilformatioa oa neasured lff€ctiag c€rtal.! furdanertal freedorna 431 - 498 9l (a) Fr€oilorn of novenelt a31 - 432 91 (b) lr€eaon of worsbip 433 - 440 92 (c) Freedorn of expresalon 441 - 460 93 (d) Frcoilon of assoclatlor ....... {61 - 466 97 (e) Freeilom of ealucatio! 467 - 498 98 3. Isformatioa ol settleis' acttvitiea affectltrg th€ clvlllan populatloa 499 - 327 LOz D. lreatnont of detal.uees 52E - 580 109 A. .['!taetatlo! aad Bettlenelts ..... 581 - 599 120 1. PoUcy .. 581 - 590 120 2. Meaaures 591 - 599 1?1 P. Irformatlon coacernJ.ug Syrla! t€rritorl u!{ler occugatioa 600 - 606 r22 v. cotrcl.usroNs 607 - 621 L24 VI. ADOPTION OF TEE REPORT 622 129 Anr€re s I. LIS! OF VrCrnrS OF rgE ITPRISING SIIBI.{ITTED Bv TBB PAI,ESIINE LIBEBAIIOf, ORCAf,rzArrON 131 rI. PETIUON SIGNED BY DETAINEES TROM AT{SAB 3 ..... 140 1II. }TAP SHOWING ISBAELI SETTLEMEITTS ESTAALISSBD, PLAIIf,ED OB I'ITDER CONSTBUCTIOA Itr TEE TERRITORIES OCCT'PIED SINCE 196? .. 143 Digitized by Dag Hammarskjöld Library A/43/694 English Page 4 LE TER OF TRANSMITTAL 26 August t 9BB brr, The special cormittee to rlvestigate rsraeri practices Affecting the tfuman Rights of the PoPulatlon of the occupietl Territories has the honour to transmit to you herewith its twentieth report, prepared in accordance with ceneral Assembly resolutioios concerning the Special Contnittee and, in particular, resolution 2443 ()o<III) of 19 Decernber L968, by which the special Corntnittee was €6tabti6hed, and resolution 42/L6o D of I Decernber 1997, the latest resorution by which the General Asse!fibly renewed iEs mandate. The present report covers the period from 4 Septenber 1992. the dat6 of the adoption of the preceding report, to 26 August 19gg, The report is ba6ed on oral information received by the speciar comnittee through testimonies of persons having first-hand experience of the human rights situation in the occupied tlrritories, as well as written information gathered fron various source'. The special cormittee has serected, from among thege oral and written sources of, information, reLevant eacerpts and Eunnraries, which are reflected in the report. For the purpose of coLlecting oral testinoaies Ehe special committee organized hearings that were herct at Amman, Dat'a6cus. cairo ald Gereva. The special conmittee continu€d to monitor statements by nembers of the Government of rsrael reflect.iDg the poticy G:vernrnent of that in the occupied territories and reports on measures taken to impr.ement thab-policy. The special connittee noted the letters addressed to you and to the President of the security council tturing the period of this report ;elating mandate to the of the SPecial Connittee, circulated as documents of the Gereral A'sembly and the security council. The special corrunittee received information fron organizations and individuars on various territories. aspects of the situation in the occupied The Goverrunent of Israel has lxoe changed it6 position with regard to the special conmittee in spite of the efforts rnarte iu that direction. The special comnittee benefited from the co-operaEio! of the Government' Egypt, 0f tlte Arab Republic of the Haahenite Kingdon of Jordan and the syriaq Arab Republic, and of the PaLestine Liberation OrgaaiBation in carrying out it6 mandate, His Excellency Mr. Javier p6rez de Cu6llar Secretary-Gene ral of lhe United Nations New York Digitized by Dag Hammarskjöld Library A/43/694 English Page 5 In preparing its report the Special Coffnittee has attemptett !o Put before you a composiCe picEure of bhe reality in the occuPied territories as it affests the human rights of the civilian population. By the Pr€sent letcer the SPecial Cornrnittee wishes to alra$ your aeteution to a number of asPects that deaerve a parcicular mentioD. The information contained in the present rePor! refLects bhe dranatiq deterioration of the human rights situation in the occuPied territories sinc€ the beginning of the uprlsing of the Palestinian population against the occuPaEion. The accunulation of frustrations sufferetl by the civilian population over the years as a resuLt of the persistent polic! of annexation and coloaization pursued by the Gov€rrunent of Israel i! the territories occupied in .Iune 1967, antl the hurniliation and suffering brought about by that poticy, were bound to Provoke a violent reaction on the part of the oppressed civitians. The restrictioas imposed in the framework of the "iron-fist policy" since 1985 anil the increasing determination of the young generation of Palestinians to oPpose the arbitrary rules set by the occupants had prepared the ground for such a confrontation. Thus, the explosion of violence sparkeat off by an incident in the Gaza StriP in December 198? quickly spread to the entire occupied cerritories, giving rise to what has eince been caLled the uprising against the oceupation. The uprising has been narkeal by a heavy toll of casualties anong the Palestinian populatsiol. Hundreds of civiliane have been killeal by securiEy forces, settlers, or under various other circumseances, The death toll has included casualties caused by shooting, beating, gas inhalation or elecerocution' Whlle several thousands of civilians hav€ been physically injured, the entire Palestinian population ha6 suffered as a result of the impLementation by the Israeli authorities of the policy of "force, pot{€r and b1ow6". The day-to-day Llfe in hhe occupied territories since the start of the uprising has b€en characterized by corsCant. utrrest and violenC clashes, sparing a1mo6t no single vilLage or localityi the now familiar patterD of disturbances usually includes detnonstrations, stone -chror,ing, cornmercial gtrikes otl the one hand, and the use of tear gas, clubs, rubber and live buttets. the inPosition of curfews and various econornic sanctions by the occupatiou authorities on the oth€r. Acts of aggressiou cornmitted by Israeli settlers again6t Palestinians have contributed to a f[rther deterioration in the climate of tension and terror prevailing in the occupied territories. Information and evidence collected by the Special Conmittee reveal other serious infringements of fundanental rights and freedoms, inclutling the arbitrary deportation of PalesEinians fron the occuPied territoriesi the illegal denolition of, houses used as a forn of collective punistment.t the severe linitatioDs on the freedom of expression, tending in particular to lirnit o! prevent. an adequate rnedia coverage of events reLated to the uprising; the qeneral cLosure of alf educational institutions for several months, resufting in the loss of an academic year for studerts and serious delays in the 6chool,ing of Palestinian chi ldren. Digitized by Dag Hammarskjöld Library Al 43/ 694 EngI ish Page 6 The net' situation ln tbe occupied terrltorles has eng€ndered a considerable amouat of atlrniniotratlve atd other forms of detettions. Several thousand Palestiniatrs, lncludirg mLaors, have been or continue to be detained in varlous prisons and d€tention c€ntr€s, sometimes evea inside fsrael itself, Many of theee cases illuBtrat€ th6 fact that l€gal guarantees auch as the right. to fair trial are often d6tried to PaleetiDials, Furtbermore, this unprecedented increase in the prison populatioa bas al€o aggravated the aLready critical colditiotrs of detertioa and the plight of tbe d€talaees. The Special Coftnitte€ has eDdeavoured, rrithi! the constraints and sel f-restrictions funpoeed by the flnancial situatior of the United Nations, to provide in its reltort a faitlrful and accurate pictur€ of the hurna! rights situation Prevaililg in the occupied territori66. ltre tragic developmeDts that have cast their shados over the civilian popuratioa clearly illustrate the responsibtlity of the internatioaal conmunity, which so far has urfortuDately not be6u able to adopt effective rneasures to inprove the hunar rigbts sttuation of the Pale6tiaians under occupation.