all sides deserve help -- UN Human Rights Council report details violations against 2.5 million Palestinian people by 0.5 million illegal settlers: Rich Murray 2013.02.02

[Rich Murray-2]

all sides deserve help -- UN Human Rights Council report details
violations against 2.5 million Palestinian people by 0.5 million
illegal settlers: Rich Murray 2013.02.02
http://rmforall.blogspot.com/2013/02/all-sides-deserve-help-un-human-rights.html


As we are one human family, evolving forever within a singe source, we
accept help in evolving new ways of inspired mutual creative
collaboration to actively help and heal every citizen and community.

Over two decades ago, South Africa showed that a social miracle for
collaborative mutual justice and benefit can be birthed.

Europe has since 1945 been a social miracle on a continental scale.

China and Tibet need help, too.


http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/FFM/FFMSettlements.pdf
37 pages

all sides need help -- UN Human Rights Council report details
violations against 2.5 million Palestinian people by 0.5 million
illegal settlers: Rich Murray 2013.02.02

Advanced Unedited Version

Human Rights Council
Twenty-second session
Agenda item 7
Human rights situation in Palestine and other occupied Arab territories

Report of the independent international fact-finding mission to
investigate the implications of the Israeli settlements on the civil,
political, economic, social and cultural rights of the Palestinian
people throughout the Occupied Palestinian Territory, including East
Jerusalem

Summary

The present report is submitted pursuant to resolution 19/17 in which
the Human Rights Council decided to establish an independent
international fact-finding mission to investigate the implications of
the Israeli settlements on the human rights of the Palestinian people
throughout the Occupied Palestinian Territory, including East
Jerusalem.

A. Establishment and mandate of the fact-finding mission

2. On 6 July 2012, the President of the Human Rights Council appointed
three high level experts as members of the fact-finding mission:
Christine Chanet as Chair, Asma Jahangir and Unity Dow.

Contents
Paragraphs .......................................................................................................
Page
I. Introduction
........................................................................................................
1–9
A. Establishment and Mandate for the Mission
................................................ 1–2
B. Terms of Reference and Methods of Work
.................................................. 3–9
II. Applicable Law
.............................................................................................
10–17
III. Context ..........................................................................................................
18–30
IV. Implications of Israeli Settlements on Rights of Palestinians
................. 31–99
A. Right to Self-Determination
........................................................................
32–38
B. Equality and the Right to Non-Discrimination
........................................... 39–95
C. Impact of Businesses
..................................................................................
96–99
V. Conclusions ..............................................................................................
100–111
VI. Recommendation
....................................................................................
112–117
Annexes
I. Timeline – Israeli Settlements in the Occupied Palestinian Territory
II. Map: Locations of Israeli settlements in the Occupied Palestinian
Territory, including East Jerusalem

28. About 250 settlements in the West Bank, including East Jerusalem
have been established since 1967 either with or without Government
authorization.
The number of settlers is estimated at 520,00017 (200,00018 in East
Jerusalem and 320,000 in the rest of the West Bank).
Over the past decade the settler population has grown at a much higher
rate than the population in Israel itself with a yearly average growth
of 5.3 per cent (excluding East Jerusalem), compared to 1.8 per cent
in Israel.19

42. The Secretary-General has stated that the “lack of accountability
permeates all types of acts of violence committed by Israeli settlers
against property and persons.”25
The situation today closely resembles that described by the 1984
inquiry into action taken with regard to settler violence headed by
the then Israeli Deputy Attorney General, Yehudit Karp.
According to the Israeli NGO Yesh Din, which has monitored 869 cases
between 2005 and 2012, over 91 per cent of all concluded
investigations into complaints of criminal offences against
Palestinian persons and property in the OPT are closed without an
indictment being served, mostly due to investigative failures.26
This is despite the fact that attacks and intimidation by settlers
against Palestinians often are carried out in daytime and in the
presence of Israeli army or police personnel, who frequently do not
stop the violence or are ineffective.

47. Palestinians are routinely subject to arbitrary arrest and
detention, including administrative detention and mass arrests and
incarceration.
It is estimated that over 700,000 Palestinians, including children,
have been held in Israeli military detention since the beginning of
the occupation, many in prisons located within Israel.29
In 2012, approximately 4,100 Palestinians were in Israeli military
detention, of which 143 were aged between 16 and 18 years, and 21 were
below 16 years old.30
[ about 1/60 of all 2.5 million Palestinians, incuding young and old,
male and female ]
It is well-documented that the military court system does not ensure
Palestinians their basic fair trial guarantees, including minimum
standards of independence, clear evidentiary or procedural rules, the
presumption of innocence, or the duty to hear witnesses or examine all
material evidence.

2. Settlers violence and intimidation

50. All spheres of Palestinian life are being significantly affected
by a minority of settlers who are engaged in violence and intimidation
with the aim of forcing Palestinians off their land.
There is a consistency in the testimonies as to the following facts:
the attacks and intimidation regularly take place during daylight hours;
the identity of perpetrators are well known or could easily be identified;
the frequent presence of police and army at the scene;
the involvement and presence of settlement security officers;
the frequent existence of video and photographic footage of the incidents;
the lack of accountability for the violence.

V. Conclusions

100. The facts brought to the attention of the Mission indicate that
the State of Israel has had full control of the settlements in the OPT
since 1967 and continues to promote and sustain them through
infrastructure and security measures.
The Mission notes that despite all the pertinent United Nations
resolutions declaring that the existence of the settlements is illegal
and calling for their cessation, the planning and growth of the
settlements continues both of existing as well as new structures.

101. The establishment of the settlements in the West Bank including
East Jerusalem62 is a mesh of construction and infrastructure leading
to a creeping annexation that prevents the establishment of a
contiguous and viable Palestinian State and undermines the right of
the Palestinian people to self-determination.

102. The settlements have been established and developed at the
expense of violating international human rights laws and international
humanitarian law, as applicable in the OPT as notably recognised by
the 2004 ICJ Advisory Opinion.

103. The settlements are established for the exclusive benefit of Israeli Jews;
settlements are being maintained and developed through a system of
total segregation between the settlers and the rest of the population
living in the OPT.
This system of segregation is supported and facilitated by a strict
military and law enforcement control to the detriment of the rights of
the Palestinian population.

104. The Mission considers that in relation to the settlements Israel
is committing serious breaches of its obligations under the right to
self-determination and “certain

62

See Annex II, Map. 21

obligations under international humanitarian law”, including the
obligation not to transfer its population into the OPT.
The Rome Statute establishes the International Criminal Court's
jurisdiction over the deportation or transfer, directly or indirectly,
by the occupying Power of parts of its own population into the
territory it occupies, or the deportation or transfer of all or parts
of the population of the occupied territory within or outside this
territory.
Ratification of the Statute by Palestine may lead to accountability
for gross violations of human rights law and serious violations of
international humanitarian law and justice for victims.

105. The existence of the settlements has had a heavy toll on the
rights of the Palestinians.
Their rights to freedom of self-determination, non-discrimination,
freedom of movement, equality, due process, fair trial, not to be
arbitrarily detained, liberty and security of person, freedom of
expression, freedom to access places of worship, education, water,
housing, adequate standard of living, property, access to natural
resources and effective remedy are being violated consistently and on
a daily basis.

VI. Recommendations

112. Israel must, in compliance with article 49 of the Fourth Geneva
Convention, cease all settlement activities without preconditions.
In addition it must immediately initiate a process of withdrawal of
all settlers from the OPT.
The Mission further urges Israel to ensure adequate, effective and
prompt remedy to all Palestinian victims for the harm suffered as a
consequence of human rights violations that are a result of the
settlements in accordance with Israel’s international obligation to
provide

22

effective remedy.
Where necessary, steps must to be taken to provide such remedy in
concurrence with the representatives of the Palestinian people and
with the assistance of the international community.

113. Israel must put an end to the human rights violations that are
linked to the presence of settlements.

114. The Mission calls upon the government of Israel to ensure full
accountability for all violations, including for all acts of settler
violence, in a non-discriminatory manner and to put an end to the
policy of impunity.

115. The Mission urges Israel to put an end to arbitrary arrest and
detention of the Palestinian people, especially children, and observe
the prohibition of the transfer of prisoners from the OPT to the
territory of Israel, according to Article 76 of the Fourth Geneva
Convention.

116. The Mission calls upon all Member States to comply with their
obligations under international law and to assume their
responsibilities in their relationship to a State breaching peremptory
norms of international law – specifically not to recognise an unlawful
situation resulting from Israel’s violations.

117. Private companies must assess the human rights impact of their
activities and take all necessary steps – including by terminating
their business interests in the settlements – to ensure they are not
adversely impacting the human rights of the Palestinian People in
conformity with international law as well as the Guiding Principles on
Business and Human Rights.
The Mission calls upon all Member States to take appropriate measures
to ensure that business enterprises domiciled in their territory
and/or under their jurisdiction, including those owned or controlled
by them, that conduct activities in or related to the settlements
respect human rights throughout their operations.
The Mission recommends that the Human Rights Council Working Group on
Business and Human Rights be seized of this matter.
[ end of text, before two Annexes ]


Rich Murray,
MA Boston University Graduate School 1967 psychology,
BS MIT 1964 history and physics,
254-A Donax Avenue, Imperial Beach, CA 91932-1918
[hidden email]
505-819-7388  cell
619-623-3468  home
http://rmforall.blogspot.com

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