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Advance Unedited Version FFM Settlements

Advance Unedited Version FFM Settlements

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Published by: Angela Godfrey-Goldstein on Feb 01, 2013
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GE.
Human Rights Council
Twenty-second session
Agenda item 7
Human rights situation in Palestineand other occupied Arab territories
Report of the independent international fact-finding missionto investigate the implications of the Israeli settlements onthe civil, political, economic, social and cultural rights of the Palestinian people throughout the OccupiedPalestinian Territory, including East Jerusalem
Summary
The present report is submitted pursuant to resolution 19/17 in which the HumanRights Council decided to establish an independent international fact-finding mission toinvestigate the implications of the Israeli settlements on the human rights of the Palestinianpeople throughout the Occupied Palestinian Territory, including East Jerusalem.
Advanced Unedited Version
 
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Contents
Paragraphs Page
 I. Introduction ............................................................................................................. 1–9A. Establishment and Mandate for the Mission ................................................... 1–2B. Terms of Reference and Methods of Work ..................................................... 3–9II. Applicable Law ....................................................................................................... 10–17III. Context ................................................................................................................ 18–30IV. Implications of Israeli Settlements on Rights of Palestinians ................................. 31–99A. Right to Self-Determination............................................................................ 32–38B. Equality and the Right to Non-Discrimination ............................................... 39–95C. Impact of Businesses ...................................................................................... 96–99V. Conclusions ............................................................................................................. 100–111VI. Recommendation ..................................................................................................... 112–117AnnexesI. Timeline Israeli Settlements in the Occupied Palestinian Territory ..............................................II. Map: Locations of Israeli settlements in the Occupied PalestinianTerritory, including East Jerusalem ..................................................................................................
 
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I. Introduction
A. Establishment and mandate of the fact-finding mission
1. At its nineteenth session, in resolution 19/17, the Human Rights Council decided toestablish an independent international fact-finding mission to investigate the implications of the Israeli settlements on the civil, political, economic, social and cultural rights of thePalestinian people throughout the Occupied Palestinian Territory, including East Jerusalem(OPT).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, AsmaJahangir and Unity Dow.
B. Terms of reference and methods of work
3. The Mission convened for the first time in Geneva in August 2012 and heldmeetings with concerned representatives of Permanent Missions and other relevantstakeholders. The Mission adopted its terms of reference in light of the mandate conferredby the Human Rights Council and considered that the resolution clearly instructed it toinvestigate all the human rights implications of the Israeli settlements for the Palestinians inthe OPT. The Mission interpreted its mandate to require it to carry out its investigationwithin the legal framework provided by international human rights law together with otherbodies of international law as relevant. The Mission notes that the Israeli settlements alsohave other implications, including for the rights of those residing inside the settlements andin Israel.4. For the purpose of its work, the Mission understands “Israeli settlements”,hereinafter “settlements”, to encompass all physical and non-physical structures andprocesses that constitute, enable and support the establishment, expansion and maintenanceof Israeli residential communities beyond the 1949 Green Line in the OPT.
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The Missiondoes not differentiate between “settlements”, “settlement blocks”, “outposts”, or any otherstructures that have been erected, established, expanded and/or appropriated or any land ornatural resources appropriated.5. Guided by the principles of “do no harm”, independence, impartiality, objectivity,discretion, transparency, confidentiality, integrity and professionalism, the Missioncarefully analysed all available information that it considered relevant and credible.6. To ensure the greatest availability of such information, the Mission issued a publiccall for written submissions, which it also directly shared with representatives of Israelisettler communities. In response to the call, it received 62 submissions. The Mission hasanalysed information from governments, inter-governmental organisations, internationaland national NGOs, professional bodies, academics, victims, witnesses and the media. TheMission did not receive any testimony or submission on an anonymous basis. Allinformation received has been treated with appropriate confidentiality.
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These include
inter alia
the Wall; checkpoints, closure obstacles, bypass roads, tunnels and permitsystem; legal systems; commercial and industrial infrastructure; planning and zoning regimes. Notethat the term “Wall” denotes the physical barrier constructed by Israel since 2002. See Annex II, Map.

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