28/43 Implementation of the recommendations contained in the report of the independent international fact-finding mission on the implications of Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem (A/HRC/22/63) - Report of the United Nations High Commissioner for Human Rights

GE.15-00310 (E)



Human Rights Council Twenty-eighth session

Agenda items 2 and 7

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Human rights situation in Palestine and other

occupied Arab territories

Implementation of the recommendations contained in the report of the independent international fact-finding mission on the implications of Israeli settlements on the civil, political, economic, social and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem (A/HRC/22/63)

Report of the United Nations High Commissioner for Human Rights

Summary

The present report, submitted pursuant to Human Rights Council resolution 25/28,

provides information on the status of implementation of the recommendations contained in

the report of the independent international fact-finding mission on the implications of

Israeli settlements on the civil, political, economic, social and cultural rights of the

Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem.

It addresses continued Israeli settlement activity; settler violence and accountability;

Palestinian detainees, including children in Israeli custody; and business and human rights

in relation to the settlements. The report also reflects submissions received from Member

States on the status of implementation of the recommendations contained in the report of

the independent international fact-finding mission.

United Nations

A/HRC/28/43

I. Background

1. In its resolution 25/28 on Israeli settlements in the Occupied Palestinian Territory,

including East Jerusalem, and in the occupied Syrian Golan, the Human Rights Council

requested the United Nations High Commissioner for Human Rights to present a report to

the Council at its twenty-eighth session, detailing the implementation of the

recommendations contained in the report of the independent international fact-finding

mission to investigate the implications of Israeli settlements on the civil, political,

economic, social and cultural rights of the Palestinian People throughout the Occupied

Palestinian Territory, including East Jerusalem (A/HRC/22/63).

2. The present report, submitted pursuant to resolution 25/28, contains the information

requested and received from States to which the fact-finding mission addressed

recommendations, as well as information gathered by the Office of the United Nations High

Commissioner for Human Rights. The present report contains information up until 25

November 2014 and follows the report on the same subject matter which included

information up until November 2013 and was presented at the twenty-fifth session of the

Human Rights Council (A/HRC/25/39). It should be read in conjunction with the report of

the Secretary-General to the twenty-eighth session of the Human Rights Council on Israeli

settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the

occupied Syrian Golan (A/HRC/28/44) and recent reports of the Secretary-General and the

High Commissioner on the situation of human rights in the Occupied Palestinian Territory.1

II. Overview of the recommendations of the fact-finding mission

3. In its report, the fact-finding mission made six recommendations, of which four

were addressed to the State of Israel. Basing itself on article 49 of the Fourth Geneva

Convention, the mission called upon Israel to cease all settlement activities without

preconditions; to immediately initiate a process of withdrawal of all settlers from the

Occupied Palestinian Territory; and to ensure adequate, effective and prompt remedy for all

Palestinian victims for the harm suffered as a consequence of human rights violations that

were a result of the settlements, in accordance with its international obligation to provide

effective remedy. The mission noted that, where necessary, steps should be taken to provide

such remedy in concurrence with the representatives of the Palestinian people and the

assistance of the international community (para. 112).

4. In addition, the fact-finding mission called upon Israel to put an end to the human

rights violations linked to the presence of settlements, and 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. It furthermore urged Israel to put an end to arbitrary

arrests and detention of Palestinians, especially children, and to observe the prohibition of

the transfer of prisoners from the Occupied Palestinian Territory to the territory of Israel, in

accordance with article 76 of the Fourth Geneva Convention (paras. 113–115).

5. In its report, the fact-finding mission called upon all Member States to comply with

their obligations under international law and to assume their responsibilities in their

relations with a State breaching peremptory norms of international law, and specifically not

to recognize an unlawful situation resulting from Israel’s violations (para. 116).

6. Lastly, the fact-finding mission stated that private companies must assess the human

rights impact of their activities and take all necessary steps — including by terminating

1 Including A/HRC/28/45, A/HRC/28/80 and Add.1, A/69/348 and A/69/347.

their business interests in the settlements — to ensure that they do not have an adverse

impact on the human rights of the Palestinian people, in conformity with international law

and the Guiding Principles on Business and Human Rights. In this regard, the mission

called 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 recommended that the Working

Group on the issue of human rights and transnational corporations and other business

enterprises be seized of this matter (para. 117).

III. Status of implementation of the recommendations of the fact-finding mission

A. Israeli settlement activity and recourse to remedy for Palestinians

7. As noted in the report of the Secretary-General on Israeli settlements in the

Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan

submitted to the General Assembly at its sixty-ninth session (A/69/348), Israel continues to

expand existing settlements in occupied territory and to advance new settlements in the

West Bank, including East Jerusalem.2 Settlements are directly linked to a broad range of

violations of the human rights of Palestinians, including their rights to non-discrimination,

liberty, security of person and fair trial, freedom of movement, adequate housing, health,

education, work and an adequate standard of living.3

8. Reportedly, between 1 November 2013 and 31 October 2014, 4,554 housing units

were tendered in Israeli settlements in the West Bank, including East Jerusalem, and 10,183

housing units advanced in the planning process towards realization, including 6,042 in the

West Bank and 4,141 in East Jerusalem.4

9. In late September 2014, the number of settlers in the Silwan area of East Jerusalem

increased after settlers moved into six houses, ostensibly after having purchased them,

although this is reportedly disputed by some of the Palestinian owners.5 New settlements in

the West Bank in 2014 included the long-disputed Al-Rajabi house in Hebron, capable of

housing 40 families, and the settlement of Leshem, near Salfit in the central West Bank.6

10. In a briefing to the Security Council on 17 November 2014, the Interim Assistant

Secretary-General for Political Affairs noted that despite the “unanimous opposition to

increased settlement activity expressed in the recent Security Council session on Jerusalem,

plans have since been advanced to build some 500 residential units in the settlement of

Ramat Shlomo. In addition, 28 new building permits and 200 new residential units were

2 See A/HRC/28/44.

3 A/69/348, para. 11.

4 A/HRC/28/44, section III (information from the Israeli non-governmental organization, Peace Now),

and A/HRC/25/38, footnote 10.

5 A/HRC/28/44, section III, and Peace Now, “Settlers take over 6 houses in Silwan”, 30 September 2014 (available

from http://peacenow.org.il/eng/Silwan_new_homes).

6 A/69/348, paras. 22 and 23 (source: Peace Now).

approved in the settlement of Ramot, in East Jerusalem.”7 Illegal Israeli settlement activity

in East Jerusalem is one contributing factor to the volatile situation there.8

11. As reported to the twenty-fifth session of the Human Rights Council

(A/HRC/25/39), “the continued fragmentation of the West Bank, including East Jerusalem,

through Israeli settlement expansion has gone hand-in-hand with the construction of the

wall, the destruction of Palestinian-owned property and the forcible displacement of

Palestinian civilians, including Bedouin communities”. At the time of writing, an Israeli

plan was being advanced to move Bedouin and herder communities from the East

Jerusalem periphery and Jordan Valley to three allocated sites.9 On 21 October 2014, the

Secretary-General expressed his concern over this plan, stating that “if implemented in a

forcible manner, it would be contrary to international human rights and humanitarian

law”.10 The risk of forced eviction and forcible transfer of these communities appeared

imminent. Reportedly, demolitions of buildings belonging to these Bedouin communities

were ongoing.11 It is moreover of concern that the plan may enable additional expansion of

illegal settlements in the Occupied Palestinian Territory and may further undermine the

possibility for the Palestinian people to realize their right to self-determination.

12. The Secretary-General has previously noted that land which is declared by Israel as

State land is often allocated to settlements.12 Large land appropriations in 2014, in the

vicinity of Bethlehem, may facilitate future settlement expansion. On 25 August, the Israeli

Civil Administration declared 3,799 dunums (930 acres) around the settlement of Gva’ot,

near Bethlehem, as State land.13 This followed an earlier declaration of State land west of

Bethlehem in April.14

13. In the 10 years since the International Court of Justice, in its advisory opinion of

July 2004,15 conclusively found that the construction of the wall in occupied territory and

settlements were illegal, the settler population in the West Bank, including East Jerusalem,

has increased substantially.16 The advisory opinion noted that the wall “has been traced in

such a way as to include within that area the great majority of the Israeli settlements in the

Occupied Palestinian Territory (including East Jerusalem)” (para. 119).

14. In 2007, the United Nations Register of Damage caused by the Construction of the

Wall in the Occupied Palestinian Territory was established by the General Assembly in its

resolution ES-10/17. It is mandated to record “damage caused to all natural and legal

persons concerned as a result of the construction of the wall by Israel … in the Occupied

Palestinian Territory, including in and around East Jerusalem”. According to the Register’s

website, as of October 2014, it had collected more than 43,850 claims and over 650,000

supporting documents in the Occupied Palestinian Territory. At the time of writing, 15,798

7 Delivered by Jens Toyberg-Frandzen, Assistant Secretary-General for Political Affairs ad interim.

8 Briefing to the Security Council on the situation in Jerusalem, 29 October 2014, delivered by Under-

Secretary-General for Political Affairs, Jeffrey Feltman.

9 A/69/348, section IV.A. Office for the Coordination of Humanitarian Affairs office in the occupied Palestinian

territory (OCHA-oPt), Fact Sheet September 2014, “Bedouin Communities at risk of forcible transfer ”.

10 Remarks to the Security Council on the situation in the Middle East.

11 A/69/348, section IV.A.

12 A/HRC/28/44, section IV, and A/69/348, para. 20.

13 A/HRC/28/44, section III, and OCHA, “Humanitarian Bulletin: Monthly Report — June–August

2014” (available from www.ochaopt.org/documents/

ocha_opt_the_humanitarian_monitor_2014_10_03_english.pdf).

14 A/HRC/28/44, section III, and A/69/348, para. 19.

15 A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied

Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.

16 A/69/348, para. 10.

of the collected claims had been reviewed by the Board of the Register and deemed valid

for inclusion in the Register.17

B. Settler violence and accountability

15. As reported by the Secretary-General, “acts of violence by Israeli settlers against

Palestinians and their property continue to take place on a regular basis”.18 According to

figures published by the Office for the Coordination of Humanitarian Affairs, as of 24

November 2014, the total number of settler violence incidents resulting in Palestinian

injuries or damage to their property in 2014 was 304. This compares to 389 recorded

incidents in the equivalent period of 2013.19 However, this relative decrease was

accompanied by a significant increase in Palestinian deaths and injuries caused by Israeli

Security Forces. The same period also saw a four-fold increase in violent incidents

involving Palestinians leading to settler casualties or damage to property.20

16. In October 2014, the Human Rights Committee issued its concluding observations

on the fourth periodic report of Israel (CCPR/C/ISR/CO/4). Regarding settler violence, the

Committee noted the establishment of an interministerial team to deal with ideologically

motivated crimes, but was concerned at “the lack of effective accountability and protection”

from settler violence. It recommended that Israel “strengthen its efforts with a view to

ensuring that prompt, thorough, independent and impartial investigations are launched, in a

non-discriminatory manner, into all incidents of violence by private actors against

Palestinians and their property, that perpetrators are prosecuted and, if convicted, punished

with appropriate sanctions, and victims are provided with effective remedies” (para. 16).

C. Palestinian detainees, including children in Israeli custody

17. As concluded by the fact-finding mission, the existence of the settlements heavily

impact a wide range of Palestinians’ human rights, including their rights to equality, due

process, fair trial, not to be arbitrarily detained, and liberty of person (A/HRC/22/63,

para. 105). According to the Palestinian non-governmental organization Addameer, as at 1

October 2014, 6,500 Palestinians were in Israeli detention, including 500 in administrative

detention on security grounds — held without charge or trial.21 The total number of

Palestinian prisoners and detainees held by Israel was reportedly up by some 1,450 persons

compared to the previous year.22 The summer of 2014 witnessed a period of mass arrests of

17 www.unrod.org (accessed November 2014).

18 A/69/348, section V, para. 37.

19 OCHA–oPt, “Protection of Civilians Weekly Report: 18–24 November 2014”. Available from

www.ochaopt.org/documents/ocha_opt_protection_of_civilians_weekly_report_2014_11_28_english.

pdf.

20 Ibid.

21 Addameer, “Monthly Detention Report —1 October 2014”. Available

from www.addameer.org/etemplate.php?id=729. Some Palestinians are held in Israeli detention

centres and the Ofer prison in the Occupied Palestinian Territory, while others are transferred to

Israeli interrogation centres and several prisons, within Israel, contrary to the Fourth Geneva

Convention (see para. 4 above). Information available from

www.addameer.org/etemplate.php?id=302.

22 Addameer, “Monthly Detention Report — 1 October 2013”. Available from

www.addameer.org/etemplate.php?id=651. Figures may vary according to the source. Statistics on

Palestinian prisoners are also available on website of the Israeli non-governmental organization,

B’Tselem: www.btselem.org/statistics/detainees_and_prisoners. According to B’Tselem’s figures, at

Palestinians, especially following the kidnapping and murders of three Israeli youths in the

occupied West Bank in June 2014. An estimated 1,100 to 1,500 Palestinians, including 300

children, were detained in the West Bank, including East Jerusalem, at some point between

12 June and mid-August 2014.23

18. The Secretary-General has consistently called for administrative detainees to be

formally charged or released without delay.24 In April, a large group of Palestinian

detainees went on hunger strike to protest the use by Israel of administrative detention. The

number fluctuated, reaching several hundred between April and late June 2014 when the

hunger strikers ended their protest.25

19. In February 2013, the United Nations Children’s Fund (UNICEF) issued a report,

entitled “Children in Israeli Military Detention”, which found that the ill-treatment of

Palestinian children from the West Bank who come in contact with the Israeli military

detention system appeared to be widespread, systematic and institutionalized throughout the

process, from the moment of arrest until the child’s prosecution and eventual conviction

and sentencing.26 In an update report of October 2013, UNICEF referenced the commitment

made by the Ministry of Foreign Affairs of Israel to study the recommendations and

cooperate with UNICEF for their implementation.27 However, treatment of Palestinian

children in Israeli detention continues to be gravely worrying and in need of action to

protect children’s rights.28 In its concluding observations, the Human Rights Committee

expressed concern “that Palestinian children are still exposed to arbitrary arrest and

detention” (CCPR/C/ISR/CO/4, para. 19). It further expressed concern “at reports of the use

of torture and other ill-treatment in the State party’s detention facilities, including

widespread, systematic and institutionalized ill-treatment of Palestinian children” and

recommended that Israel “take robust measures to eradicate torture and ill-treatment against

adult and child detainees” (para. 15).

D. Business and human rights in relation to the settlements

20. In its resolution 25/28, the Human Rights Council reiterated its call (made

previously in resolution 22/29) upon the relevant United Nations bodies to take all

necessary measures and actions within their mandates to ensure full respect for and

compliance with Human Rights Council resolution 17/4 on the Guiding Principles on

Business and Human Rights and other relevant international laws and standards, and to

the end of September 2014, there were 5,439 Palestinian so-called “security prisoners or detainees” in

Israeli prisons, including 368 from the Gaza Strip. In addition, there were 1,231 Palestinians held in

Israel for being in Israel illegally (accessed in November 2014).

23 Addendum to the report of the United Nations High Commissioner for Human Rights on the

implementation of Human Rights Council resolutions S-9/1 and S-12/1: the human rights situation in

the Occupied Palestinian Territory between 12 June and 26 August 2014, including the escalation in

hostilities in between the State of Israel and Palestinian armed groups in Gaza, presented to the

twenty-eighth session of the Human Rights Council, section A.

24 A/69/347, section III.B.

25 Ibid. Press release, “UN Special Committee concerned over deteriorating health of Palestinian

detainees on mass hunger strike”, Geneva/Cairo, 5 June 2014. Available from

www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14665.

26 Available from http://unispal.un.org/UNISPAl.NSF/

3822b5e39951876a85256b6e0058a478/1ee6b43ba34634f885257b260051c8ff?OpenDocument.

27 Available from

www.unicef.org/oPt/UNICEF_oPt_Children_in_Military_Detention_Bulletin_No_1_October_2013.p

df.

28 A/69/355, paras. 25–32.

ensure the implementation of the United Nations “Protect, Respect and Remedy”

Framework, which provides a global standard for upholding human rights in relation to

business activities that are connected with Israeli settlements in the Occupied Palestinian

Territory, including East Jerusalem.

21. The international fact-finding mission recommended that the Working Group on the

issue of human rights and transnational corporations and other business enterprises

remained seized of the matter of corporate engagement with settlements (A/HRC/22/63,

para. 117). On 6 June 2014, pursuant to Human Rights Council resolution 22/29, the

Working Group on the issue of human rights and transnational corporations and other

business enterprises issued a statement on the implications of the Guiding Principles on

Business and Human Rights in the context of Israeli settlements in the Occupied Palestinian

Territory.29

22. In the statement, the Working Group indicated that, in carrying out due diligence, in

accordance with the Guiding Principles on Business and Human Rights, corporations

should be cognizant of the illegal status of settlements under international law, and should

be informed by the publicly available information about the relation between settlements

and human rights violations in the Occupied Palestinian Territory. The Working Group

further stated that the fact that the Occupied Palestinian Territory, including areas with

settlements, was a conflict-affected area resulted in a heightened risk of negative human

rights impacts which in turn required that companies act with heightened due diligence. The

Working Group noted that where a business could not prevent or mitigate human rights

risks, it might need to consider termination of operations (guiding principle 19).

23. In its report to the sixty-ninth session of the General Assembly, the Special

Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian

People and Other Arabs of the Occupied Territories reported on information received

regarding the continuing exploitation of natural resources in the Occupied Palestinian

Territory by Israeli and foreign companies, and on corporate involvement in a number of

Israeli measures with adverse human rights impacts, including involvement in Israeli

settlements. It noted, as examples of corporate activities of concern from a business and

human rights perspective, three companies with activities in the Occupied Palestinian

Territory and one company in the occupied Syrian Golan.30

IV. Submissions by Member States pursuant to resolution 25/28

24. On 21 October 2014, the Office of the United Nations High Commissioner for

Human Rights (OHCHR) addressed notes verbales to all Permanent Missions to the United

Nations Office and other international organizations in Geneva, in which it requested

information on any steps that their Government had taken, envisaged taking or were

otherwise aware of concerning the status of implementation of the recommendations of the

fact-finding mission report (A/HRC/22/63), and in particular with regard to those contained

in paragraphs 116 and 117 thereof (see paras. 5 and 6 above).

25. Also on 21 October, separate notes verbales were addressed to the Permanent

Mission of Israel and the Permanent Observer Mission of the State of Palestine. OHCHR

requested the Government of Israel to provide information on any steps that it had taken or

envisaged taking concerning the status of implementation of the recommendations of the

29 Available from www.ohchr.org/Documents/Issues/Business/OPTStatement6June2014.pdf.

30 The companies mentioned were HeidelbergCement, G4S, Ahava and Genie Energy. A/69/355,

sections IV.D and V.

fact-finding mission report. OHCHR also requested the Government of the State of

Palestine to present relevant information concerning the status of the same

recommendations. At the time of the preparation of the present report, no information had

been received from either the Permanent Mission of Israel or the Permanent Observer

Mission of the State of Palestine.

Cuba

26. The Permanent Mission of Cuba submitted a note verbale dated 10 November 2014.

Cuba noted with grave concern that, despite repeated appeals from the international

community for Israel to completely halt all illegal settlement activities and violence, and to

stop and reverse the construction of the wall, among other illegal policies and practices,

Israel continued to colonize the Occupied Palestinian Territory, including East Jerusalem,

and the Syrian Golan. Cuba stated that, in doing so, Israel displaced Palestinian civilians,

imposed collective punishment on the people and violated international law.

27. Cuba reiterated the fundamental principle that acquisition of territory by force is

inadmissible under international law and the Charter of the United Nations. It noted that the

continued Israeli military occupation of the Syrian Golan since 1967 was unacceptable.

28. Cuba condemned settlement policies enacted by the Government of Israel in the

occupied Syrian Golan, with disregard for international law, international conventions, the

Charter and the resolutions of the United Nations. Cuba specifically referenced General

Assembly resolution 68/17, which highlighted the illegality of construction of settlements

and other Israeli activities in the occupied Syrian Golan, and General Assembly resolution

68/84, which calls upon Israel to desist from changing the physical character, demographic

composition, institutional structure and legal status of the occupied Syrian Golan, and, in

particular, to desist from the establishment of settlements.

29. Regarding the construction of settlements in the Occupied Palestinian Territory,

including in and around East Jerusalem, Cuba stated that this was in flagrant violation of

international law and an obvious challenge to United Nations resolutions and the July 2004

advisory opinion of the International Court of Justice.

30. Cuba demanded an immediate end to the construction and expansion of settlements

and the Wall; transfer of settlers; house demolitions; intensification of land confiscations;

evictions; excavations in the Old City of Jerusalem, including its religious sites and

surroundings; displacement of Palestinian civilians; imposition of arbitrary and racist

residency and movement restrictions on Palestinians; and all other measures to depopulate

the city of its Palestinian inhabitants and achieve the illegal annexation of East Jerusalem to

Israel.

31. Cuba stated that, since the negotiations resumed in 2013,31 Israel has announced

plans to build more than 13,000 [settler] homes, in addition to the ongoing construction of

thousands more throughout the Occupied Palestinian Territory, including in East Jerusalem

and its surrounding area. In this context, Cuba noted that, in 2013, at least 200 Palestinian

homes were demolished, forcibly displacing hundreds of people. Cuba also stressed that the

continued construction of the wall isolates entire communities and hinders the formation of

a Palestinian state.

32. Cuba stated that, in the nine months of negotiations, more than 60 Palestinians,

including children, were killed by the occupation forces, and that, in the same period, over

four thousand Palestinians, including children, joined thousands of Palestinian prisoners

31 The referenced round of negotiations ended in April 2014.

suffering constant violations of their human rights, torture and humiliation in Israeli

prisons.

33. Cuba reaffirmed its support for, and solidarity with, the Palestinian people, who, for

more than 45 years, have suffered under the brutal military occupation of their land, and

been denied their basic human rights, including the right to self-determination. Cuba stated

that the international community must assume its responsibilities, in accordance with

international law and United Nations resolutions, to prevent Israel in persisting in its

ongoing violations.

Denmark

34. In a note verbale dated 7 November 2014, the Permanent Mission of Denmark stated

that Denmark was pursuing a peaceful settlement of the Israeli-Arab conflict, including

between Israel and the Syrian Arab Republic and between Israel and Palestine. Denmark

expressed the view that the conflict contributes to a destabilization of the overall security

situation in the Middle East and must be resolved.

35. As a member of the European Union, Denmark noted that it fully associated itself

with the policy and initiatives undertaken by the European Union as a whole, as well as the

various efforts made by the European External Action Service and the Commission of the

European Union to further peace and justice in the context of the conflict.

36. At national level, Denmark pointed out that, in July 2014, it had introduced to the

Danish public the common messages from the European Union, aimed at raising awareness

among European citizens and businesses regarding involvement in financing, and economic

activities in, the settlements, including in the occupied Syrian Golan.32 Denmark noted that

in accordance with these messages, the European Union and its member States would not

recognize any changes to the pre-1967 borders which were not agreed by the parties,

including with regard to Jerusalem. Denmark affirmed that Gaza and West Bank, including

East Jerusalem, and the Syrian Golan are territories occupied since 1967.

Ireland

37. In a note submitted by the Permanent Mission of Ireland on 3 November 2014, the

Government of Ireland noted that it did not recognize any transfer of sovereignty or

annexation of Palestinian territory occupied by Israel in 1967, pending any agreement

between the parties to the conflict. Ireland had consistently affirmed that the establishment

of Israeli settlements in the Occupied Palestinian Territory was in breach of international

law.

38. Ireland noted that it was considering the formulation of a national plan of action for

the implementation of the Guiding Principles on Business and Human Rights. It was not

aware of any Irish businesses engaged in activities in Israeli settlements. It stated that, in

July 2014, the Department of Foreign Affairs and Trade of Ireland had issued new advice

for Irish citizens and businesses warning of the risks involved in financial and economic

activities in Israeli settlements in the Occupied Palestinian Territory.

The European Union

39. In a note verbale dated 24 November 2014, the Permanent Mission of the European

Union provided an update to its contribution of 21 November 2013, which was reflected in

32 Information published on the website of the Ministry of Foreign Affairs of Denmark, available from

http://um.dk/da/eksportraadet/markeder/markedsnyheder/newsdisplaypage/?newsid=5e152fbb-4d71-

4045-bea5-d9438b0c1e67.

the report of the High Commissioner on the same subject matter, presented in March 2014

(A/HRC/25/39).

40. The European Union reaffirmed its commitment to its long-standing position not to

recognize Israel’s sovereignty over territories occupied in 1967, namely, the West Bank,

including East Jerusalem, the Gaza Strip, and the [Syrian] Golan Heights.

41. The European Union referred to its latest Council conclusions of 17 November 2014

in which it recalled that actions which called into question stated commitments to a

negotiated solution must be avoided. Further, the European Union deeply deplored and

strongly opposed the recent expropriation of land near Bethlehem, and recent

announcements of plans for new settlement construction, in particular in Givat Hamatos,

Ramat Shlomo, Har Homa and Ramot, as well as plans to displace Bedouins in the West

Bank, and the continued demolitions, including of projects funded by the European Union

and member States. The European Union noted that it had urged Israel to reverse these

decisions, which ran counter to international law and directly threatened the two state

solution. The European Union further stated that recent settlement activity in East

Jerusalem seriously jeopardized the possibility of Jerusalem serving as the future capital of

both states.

42. The European Union recalled the illegality of settlements under international law,

and that the European Union and its member States remained committed to ensuring

continued, full and effective implementation of existing European Union legislation and

bilateral agreements applicable to settlement products. The European Union noted that it

closely monitored the situation and its broader implications and remained ready to take

further action in order to protect the viability of the two state solution.

43. The European Union pointed out that it had, since 1 January 2014, applied

guidelines on the eligibility of Israeli entities and their activities in the territories occupied

by Israel since June 1967 for grants, prizes and financial instruments funded by the

European Union. The European Union stated its belief that the United Nations Guiding

Principles on Business and Human Rights should be applied globally, and further noted that

it had called upon European companies to apply these principles in all circumstances,

including in Israel and in the Occupied Palestinian Territory.