A ADVANCE EDITED Distr. VERSION GENERAL A/HRC/10/8/Add.2 12 January 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Tenth session Agenda item 3 PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on freedom of religion or belief, Asma Jahangir* Addendum MISSION TO ISRAEL AND THE OCCUPIED PALESTINIAN TERRITORY** * Late submission. ** The summary of the present report is circulated in all official languages. The report itself, contained in the annex to the summary, is circulated as received, in the language of submission and in Arabic only. A/HRC/10/8/Add.2 page 2 Summary The Special Rapporteur on freedom of religion or belief carried out a mission to Israel and the Occupied Palestinian Territory from 20 to 27 January 2008. In the present report she gives an overview of the international legal standards and the domestic legal framework on freedom of religion or belief. She also refers to the religious demography and highlights selected aspects of the status of freedom of religion or belief in Israel and the Occupied Palestinian Territory. Well aware of the complex situation and the heightened atmosphere of tension and militancy, the Special Rapporteur focuses on the following issues of concern: restricted access to places of worship; the preservation and protection of religious sites; the indication of religious affiliation on official identity cards; matters of personal status; the preferential treatment of Orthodox Judaism; the religious rights of persons deprived of their liberty; advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence; conversions and missionary activities; and further concerns within the Occupied Palestinian Territory. In the last part of the report, the Special Rapporteur presents her conclusions and recommendations. She notes that the State of Israel and the Occupied Palestinian Territory are home to a rich diversity of religions or beliefs and host religious sites revered by believers from all over the world. However, liberty of movement, including access to places of worship, is restricted, in particular for Palestinian Muslims and Christians, through the existing system of permits, visas, checkpoints and the Barrier. While the Government of Israel informed the Special Rapporteur that these restrictions were necessary for security reasons, she would like to emphasize that any measure taken to combat terrorism must comply with States’ obligations under international law. The Special Rapporteur recommends, inter alia, that all parties - especially in the framework of a possible peace agreement - bind themselves legally to protect the rights of religious minorities and pay particular attention to include comprehensive guarantees for equality and non-discrimination on grounds of religion or belief. Moreover, she recommends that the Government of Israel issue non-selective regulations in order to protect and preserve religious sites on a non-discriminatory basis. Additional recommendations refer to official documents, matters of personal status and training for staff members of the police, military forces and personnel of detention facilities. Lastly, in both the State of Israel and in the Occupied Palestinian Territory, any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence should be effectively investigated, prosecuted and punished. A/HRC/10/8/Add.2 page 3 Annex REPORT OF THE SPECIAL RAPPORTEUR ON FREEDOM OF RELIGION OR BELIEF, ASMA JAHANGIR, ON HER MISSION TO ISRAEL AND THE OCCUPIED PALESTINIAN TERRITORY (20-27 JANUARY 2008) CONTENTS Paragraphs Page I. INTRODUCTION ........................................................................ 1 - 5 4 II. INTERNATIONAL LEGAL STANDARDS ............................... 6 - 9 5 III. DOMESTIC LEGAL FRAMEWORK ON FREEDOM OF RELIGION OR BELIEF .............................................................. 10 - 20 6 IV. RESPECT FOR FREEDOM OF RELIGION OR BELIEF IN ISRAEL AND THE OCCUPIED PALESTINIAN TERRITORY ................................................................................ 21 - 67 8 A. Religious demography ........................................................ 21 - 23 8 B. Issues of concern ................................................................ 24 - 67 9 V. CONCLUSIONS AND RECOMMENDATIONS ....................... 68 - 85 20 A/HRC/10/8/Add.2 page 4 I. INTRODUCTION 1. Following invitations by the Government of Israel and by the Palestinian Authority, the Special Rapporteur on freedom of religion or belief carried out a mission to Israel and the Occupied Palestinian Territory from 20 to 27 January 2008. During her visit, the Special Rapporteur met with Government officials and political leaders as well as representatives of religious or belief communities, members of civil society and academics. She travelled to Jerusalem, Tel Aviv, Daliyat al Carmel, Haifa, Nazareth, Ramallah, Bethlehem, Hebron, Nablus and Qalqilya. 2. The Special Rapporteur wishes to thank both the Government of Israel and the Palestinian Authority for the cooperation extended to her before, during and after the country visit. In Israel, the Special Rapporteur held talks, inter alia, with the Interior Minister, the Religious Affairs Minister, the Deputy Foreign Minister, the Deputy State Attorney for Special Affairs, the Chairman of the Constitution, Law and Justice Committee of the Knesset, a Supreme Court Justice, the Director General of the Head Rabbinate and the mayor of Daliyat al Carmel. In the Occupied Palestinian Territory, the Special Rapporteur met, inter alia, with the Chief of Staff of the President of the Palestinian Authority, the Director General for International Relations of the Palestinian Authority, the Governor of Nablus, the Director General and Commissioner General of the Palestinian Independent Commission for Citizens’ Rights, the President of Al-Najah National University as well as representatives of the Islamic Waqf in East Jerusalem and Hebron. 3. During her visit, the Special Rapporteur talked with religious leaders and representatives of the Baha’is, Christians, Druze, Jews, Muslims and Samaritans. She is also grateful for the information she received from members of various domestic and international civil society organizations as well as from individual academics, journalists and lawyers. 4. Furthermore, the Special Rapporteur benefitted from meetings with the United Nations Special Co-ordinator and Deputy Special Co-ordinator for the Middle East Peace Process (UNSCO) as well as with representatives from the Office for the Coordination of Humanitarian Affairs (OCHA), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and the United Nations Development Fund for Women (UNIFEM). She sincerely appreciates the outstanding logistical support provided by the Office of the High Commissioner for Human Rights in the Occupied Palestinian Territory. 5. The present report first outlines international legal standards and then gives an overview of the domestic legal framework on freedom of religion or belief. In the third part, the Special Rapporteur refers to the religious demography and highlights selected aspects of the status of freedom of religion or belief in Israel and the Occupied Palestinian Territory. In the last part, the Special Rapporteur presents her conclusions and recommendations. A/HRC/10/8/Add.2 page 5 II. INTERNATIONAL LEGAL STANDARDS 6. The Special Rapporteur would like to refer to previous reports1 with regard to the main international legal standards pertinent to her mandate. These include articles 2, 18-20 and 26-27 of the International Covenant on Civil and Political Rights; article 13 of the International Covenant on Economic, Social and Cultural Rights; article 2 of the Convention on the Elimination of All Forms of Discrimination against Women; article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination; articles 2, 14 and 30 of the Convention on the Rights of the Child; and article 12 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Apart from the latter, Israel has ratified all of the above-mentioned human rights treaties. 7. Upon ratification of the Convention on the Elimination of All Forms of Discrimination against Women, the State of Israel expressed its reservation with regard to article 7 (b) of the Convention concerning the appointment of women to serve as judges of religious courts where this is prohibited by the laws of any of the religious communities in Israel and with regard to article 16 of the Convention to the extent that the laws on personal status which are binding on the various religious communities in Israel do not conform with the provisions of that article. Upon ratification of the International Covenant on Civil and Political Rights, the State of Israel reserved the right to apply the religious law of the parties concerned to the extent that such law is inconsistent with its obligations under the Covenant. 8. The Special Rapporteur is also guided in her mandate by other relevant declarations, resolutions and guidelines of various United Nations bodies, including by the General Assembly, the Human Rights Committee, the former Commission on Human Rights and the Human Rights Council. Of